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Agenda 11-07-23The City of Boynton Beach City Commission Agenda Tuesday, November 7, 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 Shawna Lamb, City Attorney Maylee De Jesus, City Clerk City Commission Meeting 6:00 PM *Mission* To create a sustainable community by providing exceptional municipal services, in a financially responsible manner. r www.boynton-beach.org 1 Welcome Thank you for attending the City Commission Meeting General Rules & Procedures for Public Participation at City of Boynton Beach Commission Meetings The Agenda: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action. • Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group. • Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda. • Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. Speaking at Commission Meetings: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item, as hereinafter described. City Commission meetings are business meetings and, as such, the Commission retains the right to impose time limits on the discussion on an issue. • Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public Hearings." • Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission - Time Limit - Three (3) Minutes. Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded, with the exception of Consent Agenda Items that have not been pulled for separate vote, reports, and presentations. - Time Limit - Three (3) Minutes. Addressing the Commission: When addressing the Commission, please step up to either podium and state your name for the record. Decorum: Any person who disrupts the meeting while addressing the Commission may be ordered by the presiding officer to cease further comments and/or to step down from the podium. Failure to discontinue comments or step down when so ordered shall be treated as a continuing disruption of the public meeting. An order by the presiding officer issued to control the decorum of the meeting is binding, unless over -ruled by the majority vote of the Commission members present. Please turn off all cellular phones in the City Commission Chambers while the City 2 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 Jeff Kelly, First Baptist Church of Boynton. Pledge of Allegiance to the Flag led by Vice Mayor Turkin. 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. Announcement of Oceanfront Bark. Announcement of Oceanfront Bark Boynton Beach's Dog "Paw-ty" on the Beach being hosted by the Recreation & Parks Department on Saturday, November 18th, from 9:00 A.M. to 12:00 P.M., at Oceanfront Park located at 6415 N. Ocean Blvd. This is the first of four (4) scheduled events being held the third Saturday of each month thru February. The event is free for all well behaved, licensed dogs and their 3 owners and includes food trucks, vendors, and pet friendly giveaways. Dogs will be allowed off leash in a designated fenced area. Parking at Oceanfront Park is free for the duration of the event for all beach patrons. For more information visit the City's website. B. Announcement of the City of Boynton Beach Veterans Day Ceremony. Announcement of the City of Boynton Beach Veterans Day Ceremony being hosted by the Boynton Beach Veterans Task Force and City of Boynton Beach Recreation & Parks Department at Tom Kaiser U.S.N. Boynton Beach Veterans Memorial Park located at 411 N. Federal Highway on Saturday, November 11 th starting at 11:00 A.M. The ceremony will honor and recognize all individuals that have served in the United States Armed Forces. For more information visit with City's website. C. Proclamation- Veterans and Military Families Appreciation Month. Read and present the Proclamation for November 2023 as Veterans and Military Families Appreciation Month. The proclamation will be accepted by Nicholas Cannon from Wounded Veterans Relief Fund. D. Historic Resources Preservation Board (HRPB) Annual Report Presentation of annual report to the City Commission by the Historic Resources Preservation Board (HRPB). 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 Appointments. City Commission to reappoint and appoint eligible members of the community to serve in vacant positions on City Advisory Boards. B. Community Support Funds. Approve Community Support Funds Request from Vice Mayor Turkin. 6. Consent Agenda A. Proposed Resolution No. R23-158- Approve the City Attorney Department FY 23/24 Budget Amendment and the addition of the positions of Deputy City Attorney and Senior legal Assistant. Approve City Attorney Department FY23/24 Budget Amendment and the addition of the positions of Deputy City Attorney and Senior Legal Assistant. B. Proposed Resolution No. R23-159- FY 2022-2023 year-end Budget Amendment for Revenues and Expenditures. Amend the FY2022-23 budget, which will adjust budgeted appropriations and revenue sources and provide spending authority for various Departments or Fund Operating and Capital Budgets. 4 C. Proposed Resolution No. R23-160- FY2023-24 Capital Budget Amendment for prior year available CIP budgets. Amend various FY 2023-24 Capital Project accounts. This request will adjust budgeted appropriations and revenue sources and provide spending authority for the Capital Improvement Funds (302 & 303) and the Utility Capital Improvement Funds (403 & 404). D. Proposed Resolution No. R23-161- Interlocal Agreement between the City of Boynton Beach and the Boynton Beach Community Redevelopment Agency for funding Construction and Professional Services. Approve and authorize the Mayor to sign an Interlocal Agreement between the City of Boynton Beach and the Boynton Beach Community Redevelopment Agency for funding Construction and Professional Services. E. Proposed Resolution No. R23-162- FDLE FY23/24 Identity Theft and Fraud Grant Program. Authorize the Police Chief to sign all documents associated with the acceptance and grant agreement for Florida Department of Law Enforcement, Office of Criminal Justice Grants, Identity Theft and Fraud Grant Program subject to the approval of the City Attorney. F. Proposed Resolution No. R23-163- Acceptance of the Florida Department of Transportation (FDOT) Speed and Aggressive Driving Grant. Authorize the City Manager and Police Chief to sign all documents associated with the grant agreement to accept the Florida Department of Transportation (FDOT) Speed and Aggressive Driving grant subject to the approval of the City Attorney. G. Proposed Resolution No. R23-164- Acceptance of the Florida Department of Transportation (FDOT) Occupant Protection Grant in the amount of $25,000. Approve and authorize the City Manager and Police Chief to sign all documents associated with the grant agreement, subject to the approval of the City Attorney, to accept the Florida Department of Transportation (FDOT) Occupant Protection Grant in the amount of $25,000. H. Bid Extensions and Piggy -Back Under $100,000. 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 November 7, 2023 - "Request for Extensions and/or Piggy -backs." Legal Invoices September/October 2023. Information at the request of the City Commission. No action required. J. Commission Meeting Minutes. Approve minutes from the October 3, 2023 and October 17, 2023 City Commission Meetings. 7. Consent Bids and Purchases over $100,000 5 A. Increase the estimated annual expenditure of bid # 029-1412-19/MFD for the Annual Supply of Original Equipment Manufacturer (OEM) Service and Parts for Medium/Large and Heavy -Duty Vehicles and Equipment. Approve an increase to the estimated annual expenditure of bid # 029-1412-19/MFD for the Annual Supply of Original Equipment Manufacturer (OEM) Service and Parts for Medium/Large and Heavy -Duty Vehicles and Equipment in the amount of $250,000. Increasing the estimated annual expenditure from $350,000 to $600,000. B. East Coast Mulch- Annual Expenditure. Approve an annual expenditure for East Coast Mulch in the amount of $150,000 for parks, playgrounds, medians, and various City buildings/facilities utilizing the Southeast Governmental Purchasing Cooperative Group contract award #E-28-23 for the period of the contract, which expires on September 25, 2024. The City of Boynton Beach is a participating cooperative group agency. C. Annual Expenditure Increase to Gehring Group as the City's Insurance Broker. Approve an increase to the annual expenditure for payment of Preferred Governmental Insurance Trust (PGIT) policies through Gehring Group as our Insurance Broker in the amount of $2,465,000 for the current and final year in the contract. D. Amendment No. 1 for Purchase Order 220936 (Task Order UT -3D-06) with Baxter & Woodman, Inc. for additional engineering services to support construction of the Dimick Road and Potter Road Utility stormwater and water infrastructure Improvements. Approve Amendment 1 to PO 220936 (Task Order UT -3D-06) with Baxter & Woodman, Inc. in the amount of $82,520.08 for additional engineering services to support construction of the Dimick Road and Potter Road Utility stormwater and water infrastructure improvements increasing the contract to $254,389.08 in accordance with RFQ No. 046-2821-17/TP, General Consulting Services Contract, Scope Category D awarded by City Commission on August 7, 2018, renewed on August 16, 2022 - August 15, 2023. On May 16, 2023, by Resolution R23-060, Commission approved the Agreement extension for no longer than 180 days (February 16, 2024). E. Quicklime purchase for East Water Treatment Plant Approve the annual expenditure in the amount of $550,000 for Quicklime from Lhoist North America of Alabama, LLC from the Southeast Florida Governmental Purchasing Cooperative Group Contract. The City of Tamarac is the Lead Agency that issued Bid No. 23-36B. The City of Boynton Beach is a participating cooperative group agency. F. Proposed Resolution No. R23-166- Approve CIP budget amendment and Task order UT -2E-06 with Alexis Knight Architects, Inc., for design and construction management of the Arts and Cultural Center Auditorium. Approve the use of CIP fund balance in the amount of $119,895 to hire Alexis Knight Architects for design and construction management of the auditorium at the Boynton 6 Beach Arts & Cultural Center. G. 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 November 7, 2023 - "Request for Extensions and/or Piggy -backs." 8. Public Hearing 6 P.M. or as soon thereafter as the agenda permits. T he City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. Proposed Resolution No. R23-165- Public Hearing to adopt a resolution of intent to use the uniform method of collecting non -ad valorem special assessment for canal maintenance for FY 2024-25. Electing to use the uniform method of collecting non -ad valorem special assessment levied for Canal Maintenance for FY 2024-25 to fund the costs of annual canal aquatic maintenance for the four Lake Eden Canals and Lake Shore Haven Canal within the City. Pursuant to the provisions of Ordinance No. 21-011, Sections 166.021, 166.041, and 197.3632, Florida Statutes, and other applicable provisions of law. B. Athletic Angels - Field #1 Major Site Plan Modification (MSPM-2023.10.63102) Approve request for Major Site Plan Modification (MSPM-2023.10.63102) for the Athletic Angels Foundation, Inc. to improve the existing Little League Park baseball field (a.k.a. Field #1) with high performance synthetic turf, including new dugouts and netting and fencing, on a 12.12 -acre parcel located at 300 West Woolbright Road, in the Rec (Recreation) zoning district. Applicant: Brian Casey, Athletic Angels C. Guttersmith - Major Site Plan Modification (MSPM 23-001). Approve request for a Major Site Plan Modification (MSPM 23-001) to construct a one-story, 4,500 square foot warehouse building expansion and related site improvements. D. Guttersmith Zoning Code Variance (ZNCV 23-001). Approval of variance request from Part III, Chapter 3, Article III, Section 3.D.3 "Building and Site Regulations" to grant a reduction of 4.3 feet from the required 15 - foot interior side setback, to allow for an interior side setback of 10.7 feet. 9. City Manager's Report A. Update by City Manager on Future Agenda Items. Receive update from City Manager on pending items on the future agenda. 10. Unfinished Business 7 A. Discussion regarding an Infrastructure and Public Safety Bond Referendum for upcoming March 19, 2024 Election. Presentation to discuss and provide staff direction to pursue an Infrastructure Bond and Public Safety Bond Referendum for upcoming March 19, 2024 Election. 11. New Business A. Administrative Appeal: Woolbright Place PUD The Cove Determination of the Administrative Appeal. B. Presentation regarding fleet management, due to the concerns with the auto strike, and the possible reduction in products. Requested by Commissioner Kelley. 12. Legal A. Proposed Ordinance No. 23 -022 -First Reading- Police Impact Fee Ordinance. Approve an Ordinance of the City of Boynton Beach, Florida amending the Land Development Regulations, Chapter 2, Land Development Process; Article VI "Impact and Selected Fees" to amend Section 2 to adopt a Comprehensive Impact Fee Schedule for Police Facilities and adopting an Impact Fee Study. 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. - December 5, 2023 Requested by Mayor Penserga B. Discussion regarding annexation options and procedures. — December 5, 2023 Requested by Commissioner Hay. C. Presentation of after action report for the force main break near Lift Station No. 356 at East Boynton Beach Boulevard. - December 19, 2023 Requested by Mayor Penserga D. Presentation by Utilities Department on project to review existing utility infrastructure, development of risk matrix, and prioritization of repairs and/or replacement projects - December 19, 2023 Requested by Commissioner Cruz. E. Provide update on grant funded projects in the Capital Improvement Plan - December 19, 2023 Requested by Commissioner Cruz. F. Discussion regarding regulations to support local businesses.- January 16, 2024 Discussion requested by Commissioner Cruz. G. Discussion regarding existing regional programs and best practices to combat homelessness in the City. - March 19, 2024 Discussion requested by Commissioner Hay. H. Discussion regarding the Art Assessment Fee being allocated to infrastructure instead of public art. - TBD Requested by Vice Mayor Turkin. 0 Discussion regarding combining housing . - TBD Requested by Mayor Penserga. 14. Adjournment City properties together to create senior affordable 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. 0 Announcements, Community and Special Events And Presentations 11/7/2023 City of Boynton Beach Agenda Item Request Form Meeting Date: 11/ 7/2023 Announcement of Oceanfront Bark. Requested Action: Announcement of Oceanfront Bark Boynton Beach's Dog "Paw-ty" on the Beach being hosted by the Recreation & Parks Department on Saturday, November 18th, from 9:00 A.M. to 12:00 P.M., at Oceanfront Park located at 6415 N. Ocean Blvd. This is the first of four (4) scheduled events being held the third Saturday of each month thru February. The event is free for all well behaved, licensed dogs and their owners and includes food trucks, vendors, and pet friendly giveaways. Dogs will be allowed off leash in a designated fenced area. Parking at Oceanfront Park is free for the duration of the event for all beach patrons. For more information visit the City's website. Explanation of Request: To announce Oceanfront Bark event being held on Saturday November 18th from 9:00 A.M. to 12:00 P.M. at Oceanfront Park. This event is free for well behaved, licensed dogs and their owners. Parking is free for all beach patrons for the duration of the event. How will this affect city programs or services? Support Services will be provided by Public Works and Parking will be free at Oceanfront Park from 9:00 A.M. to 12:00 P.M. Fiscal Impact: Parking fees will be waived for the duration of the event from 9:00 am to 12:00 pm. Attachments: Oceanfront Bark.jpg 10 4 1", Boyntvirl B ,(,-,, ach Vi OCEANFRON"T BARX BO niig ya u r dogs, to paw-ty ani t�h, e be a ch I Dag's jn,,u,,5t be avp pi -o prilately I ken sed voe.11 befieved. l6r,rluratiori of event N o v. 18 -1, D e, c., gin , b. 17 9 AlMl-, 12 PMT Oceanfront Beach 6415 N, Ocean Blvd. For mwe in fo r ni�a d o n,.-, ,all (561)742-6,22.0,ar lv5it WcMakallfeFun.cam h �e 74,21-624,14 or Florida Relwj For occommott'stto, 1,,Uinder th'., ADA,call 5611. 11 M Announcements, Community and Special Events And Presentations 11/7/2023 City of Boynton Beach Agenda Item Request Form Meeting Date: 11/ 7/2023 Announcement of the City of Boynton Beach Veterans Day Ceremony. Requested Action: Announcement of the City of Boynton Beach Veterans Day Ceremony being hosted by the Boynton Beach Veterans Task Force and City of Boynton Beach Recreation & Parks Department at Tom Kaiser U.S.N. Boynton Beach Veterans Memorial Park located at 411 N. Federal Highway on Saturday, November 11 th starting at 11:00 A.M. The ceremony will honor and recognize all individuals that have served in the United States Armed Forces. For more information visit with City's website. Explanation of Request: To announce the Boynton Beach Veterans Day Ceremony being held at Tom Kaiser U.S.N. Boynton Beach Veterans Memorial Park on Saturday November 11th, starting at 11:00 A.M. How will this affect city programs or services? Support services provided by the Public Works Department. Fiscal Impact: This is an annual budgeted event. Attachments: Veterans Day Snip Sign .png 12 CITY OFBOYNTON BEACH E303M C E RE MON Y 13 3.0 Announcements, Community and Special Events And Presentations 11/7/2023 City of Boynton Beach Agenda Item Request Form Meeting Date: 11/ 7/2023 Proclamation- Veterans and Military Families Appreciation Month. Requested Action: Read and present the Proclamation for November 2023 as Veterans and Military Families Appreciation Month. The proclamation will be accepted by Nicholas Cannon from Wounded Veterans Relief Fund. How will this affect city programs or services? NA Fiscal Impact: There is no fiscal impact to the budget for this item. Attachments: Proclamation- National Veterans and Military Families Month.docx 14 moo' proclamation WHEREAS, the United States has always stood as a beacon of opportunity, freedom, and promise; and WHEREAS, each November, the Military community celebrates America's Veterans and Military Families in an effort to convey respect for their services and sacrifice; and WHEREAS, our nation's communities must engage in ways to serve those who serve; and WHEREAS, as we approach this season of thanksgiving, we send our gratitude to the spouses, partners, children, caregivers, and survivors of our Service Members and Veterans for their selfless sacrifice on behalf of the Nation; and WHEREAS, Presidents and others have called upon Americans to "...honor Military families through private actions and public service for tremendous contributions they make in support of our nation; and WHEREAS, the City of Boynton Beach would like to present this proclamation to Nicholas Cannon, who fought in the Global War on Terror between 2013 to 2019, and represents the Wounded Veterans Relief Fund; and WHEREAS, the City of Boynton Beach would like to recognize all City employees that are Veterans; and NOW THEREFORE, I, Thomas Turkin, Vice Mayor of the City of Boynton Beach, Florida, do hereby proclaim the month of November 2023, as: Nbtionbl W71�7_ran6 bnd Mililbrg fbmili�zzs -Jpprv_,eiation Month IN WITNESS WHEREOF, I have hereunto set my hand and cause the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, the 7' day of November, Two Thousand Twenty -Three. Ty Penserga, Mayor Thomas Turkin, Vice Mayor ATTEST: Maylee De Jesus, MMC, City Clerk 15 OUR Announcements, Community and Special Events And Presentations 11/7/2023 City of Boynton Beach Agenda Item Request Form Meeting Date: 11/ 7/2023 Historic Resources Preservation Board (HRPB) Annual Report Requested Action: Presentation of annual report to the City Commission by the Historic Resources Preservation Board (HRPB). Explanation of Request: The Historic Resources Preservation Board (HRPB) will provide an annual report to the City Commission. Topics include providing a background of the HRPB, highlighting the local register of historic places, farming in Boynton Beach, and master plan & goals of the HRPB. How will this affect city programs or services? N/A Fiscal Impact: N/A Attachments: Boynton Beach HRPB Annual Report Presentation. pdf Boynton Beach Historical Video.docx 16 0 4.00 .E N E s 0 m m L m O ■w J L m a CL �L a Q a 0 CD ti T VON 4 m N i 0r TOM �••� ■- E O vA3E 0 O S. 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Explanation of Request: The City Clerk's Office has received applications from 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 Reappointments and Applicants for 11-07-23.docx Steven Grant- Advisory Board Appointment application.pdf 31 Advisory Board Vacancies November 7, 2023 Building Board of Adjustment and Appeals Regular member 2 (2 year) terms Penserga Alternate Member 2 (1 year) terms Vice Mayor 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 Employees Pension Plan Board of Trustees Mayor Penserga Member Appointed by the City Vice Mayor Turkin Member Employee Representative (Non -Bargaining) I Cruz Member Employee Representative Applicants: Steven Grant Member Appointed by the City Education and Youth Advisory Board Regular member 2 (2 year) terms Alternate/Student Member 2 (1 year) terms II Hay Regular IV Kelley Regular I Cruz Student Applicants: None Library Board Regular member 2 (2 year) terms Alternate Member 2 (1 year) terms Vice Mayor Turkin Regular I Cruz Alternate II Hay Alternate Applicants: None Recreation and Parks Board Regular member 2 (2 year) terms Alternate Member 2 (1 year) terms II Hay Regular IV Kelley Alternate Applicant: None Senior Advisory Board Regular member 2 (2 year) terms Alternate Member 2 (1 year) terms Mayor Penserga Regular Vice Mayor Turkin Regular I Cruz Regular Applicants: None 32 From: Steven To: Cily Clerk Subject: Advisory Board Appointment application Date: Tuesday, October 17, 2023 3:00:23 PM Attachments: 2022.03.31 Steven B. Grant CV.Ddf Today's date 10/17/2023 Name Steven Grant Phone number 561-880-5529 Address 2501 SW 11th Ct Boynton Beach FL 33426 United States Email Steven@Grantlegal.com Current occupation or, if Attorney retired, prior occupation Education Bachelor of Science in Finance from the University of Mai yland College Park, Juris Doctor from the Florida Coastal School of Law Are you a registered voter? Yes Do you reside within the yes Boynton Beach City limits? Do you own/manage a Yes business within City limits? If "yes", name of business: Steven B. Grant, Esq. Are you currently serving on No a City board? Have you served on a City yes board in the past? If "yes", which board(s) and Financial Advisory Committee 2013-2015, Chair from 2014 - when? 2015 Have you ever been convicted of a crime? If "yes", when and where? Advisory Board If appointed by the City Commission to serve as Board Chair or Vice Chair are you willing to serve in this capacity? Personal Qualifications No Employee Pension Board Yes As the former chair of the General Employee's Public 33 Pension, I was able to oversee the Pension fund being fully funded from —82% to 102%. The Florida Public Pension Trustees Association's awarded me the completion of the Certified Public Pension Trustees Program on April 21, 2021. I have over six (6) years experience on the board and believe I am able to continue my effort into reducing the Pension Costs to the City of Boynton Beach. Professional Memberships See Resume Feel free to attach/upload an https://form.123formbuilder.com/upload_dld.l h extra sheet or resume. fileid=O1de53a7e6a4b6a3ca6687d2708a90d6 Certification I, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. The message has been sent from 73.0.28.190 (United States) at 2023-10-17 13:58:55 on Chrome 118.0.0.0 Entry ID: 661 Referrer: https://www.boynton-beach.org_/ Form Host: h!Ws:Hform.123formbuilder.com/583214/advisory-board-alpointment-application 34 Steven B. Grant, Esq. Contact: PO BOX 424 Mobile: 561-880-5529 Boynton Beach, FL 33425 Email:tyen(r),Orantl..,e pacrn PROFILE: An enthusiastic and ambitious legal professional versed in Business Law, Estate Planning, Landlord/Tenant, Taxes, and focusing on International Transactional Law. A sole proprietor with over 10 years' experience assisting individuals and businesses through their life issues. My background comes from a diverse work experience in a variety of industries including Finance, Sales, Customer Service and Construction. With a desire to enhance my surroundings and with the support of the community I became the Mayor of Boynton Beach. With the mission for a #BetterWorld, I engage in thought provoking discussions to implement: an environmentally beneficial transportation system, an education system based upon activities and individual learning styles, and a government accountable and transparent to people with liberty and justice for all. EDUCATION Florida Coastal School of Law, Jacksonville, Florida Juris Doctor • Certificate in International and Comparative Law • Semesters Abroad at the China Univ. of Political Science and Law in Beijing & Univ. of Netherlands Antilles in Curacao Smith School of Business, University of Maryland, College Park, Maryland Bachelor of Science in Finance • Internships with Smith Barney, John Hancock, and First Investors Corporation • Semester Abroad at the Royal Melbourne Institute of Technology in Australia LEGAL EXPERIENCE The Law Office of Steven B. Grant, Esquire, Boynton Beach, Florida Owner and Civil Law Notary State Attorney's Office 4t' Judicial Circuit, Jacksonville, Florida Paralegal Member of the Florida Bar Association Member of the District of Columbia Bar Association Member of the Maryland Bar Association Member of the West Virginia Bar Association GOVERNMENT EXPERIENCE City of Boynton Beach, Florida Mayor Chair of the Community Redevelopment Association Chair of the General Employees Public Pension Board Certified Public Private Partnership Professional County of Palm Beach, Florida Board Member of the Palm Beach Transportation Planning Agency Vice -Chair of the Palm Tran Service Board Chair of the Transportation Disadvantaged Local Coordinating Board December 2010 May 2005 January 2011 — Present January 2010 — April 2010 September 2010 October 2011 December 2011 January 2012 April 2016 —April 2022 35 5.13 Administrative 11/7/2023 City of Boynton Beach Agenda Item Request Form Meeting Date: 11/ 7/2023 Community Support Funds. Requested Action: Approve Community Support Funds Request from Vice Mayor Turkin. How will this affect city programs or services? NA Fiscal Impact: There will be no fiscal impact to the budget for this item. Attachments: VFW Post 5335 Growing Strong Ministries R15-055 COMMUNITY SUPPORT FUNDS REQUESTFORM Part I - Summary of Request (to be completed by City Clerk) Date of Request: October 30 2023 Requested by Mayor/Commissioner: Vice„ Ma or Turkin Amount Requested: $500 ........ ....... ....._.....__ ....__ .......... Recipient/Payee: VFW Post 5335 Description of project, program, or activity to be funded: ....... _. Part II - Availability of funds The annual appropriation of funds available to the requesting Member of the Commission listed above is $6,000. The balance of funds available for the requesting Member of the Commission is $5,500. Accordingly: ✓ There are funds available as requested There are insufficient funds available as reques,.a„ Dated: Mayle DeY esus, Cit C rk Part III -Eligibility Evaluation ✓ Public funds will not be used to improve private property unless there is a clear public need, purpose and benefit ✓ The recipient/payee provides services within the City The publipur purpose is beneficial the entire re cam iunityserved by, such donation a ...._ ,�..... y Dated � .��_. Z. �Z B _� ��:::... ,� ._ Requesting Member of the City Commission C:\Users\DeJesusM\Downloads\VFW_Post_5335 (1).doc 37 R15-055 R22-140 EXHIBIT "All COMMUNITY SUPPORT FUNDS REQUEST FOR Part I - Summary of Request (to be completed by City Clerk) Date of Request: 10/30/2023 Requested by Mayor/Commissioner: Vice Mayor Turkin Amount Requested $500.00 Recipient/Payee: Growing Strong Ministries Description of project, program, or activity to be funded, Part 11 - Availability of funds The annual appropriation of funds available to the requesting Member of the Commission listed above is $6,000.00. The balance of funds available for the requesting Member of the Commission is $5,500. Accordingly: X There are funds available as requested El There are insufficient funds available as re - ;to"� 2 By Dated:, .......... . C,4tyle�rk Part III -Eligibility Evaluation X Public funds will not be used to improve private property unless there is a clear public need, purpose and benefit X The recipient/payee provides services within the City X The public purpose is beneficial to the entire community served by,svch-do natii Dated By�� .................. ------- ------------ Requesting Member of the City Commission 38 Consent Agenda 11/7/2023 Proposed Resolution No. R23-158- Approve the City Attorney Department FY 23/24 Budget Amendment and the addition of the positions of Deputy City Attorney and Senior legal Assistant. Requested Action: Approve City Attorney Department FY23/24 Budget Amendment and the addition of the positions of Deputy City Attorney and Senior Legal Assistant. Explanation of Request: Due to the restructuring of the City Attorney Department from outside counsel to in-house counsel, the budgetary needs for the Department have changed significantly. In order to best serve the Commission and City staff, the position of a Deputy City Attorney and Senior Legal Assistant will also be added to the department, as well as case management software. Currently, the City is spending approximately $91,000 monthly for outside legal services, which is over $1,000,000 annually. The City Attorney Department is requesting an increase in the budget of $426,296, which will provide for the Deputy City Attorney and the Senior Legal Assistant positions. Additionally, the Department will implement the use of case management software to track legal files and contracts. How will this affect city programs or services? The addition of the positions and case management software will enable the Department to better serve the City Commission and support City staff. Fiscal Impact: Use of fund balance $131,359 in General Fund. Impact of $426,296 total. Attachments: R23-158 Resolution approving FY23-24 Budget Amendment - (Legal Department)(TD) FY2023-24 - Personnel Request Worksheet - DCA.xlsx FY2023-24 - Personnel Request Worksheet - Senior Legal Assistant FY2324 Fund 001 Budget Amendment for Legal - Exhibit A.pdf 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 RESOLUTION R23-158 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE FISCAL YEAR 2023-2024 GENERAL FUND BUDGET FOR THE INCREASE TO THE LEGAL DEPARTMENT (1910); APPROVING THE ADDITION OF THE DEPUTY CITY ATTORNEY AND SENIOR LEGAL ASSISTANT POSITIONS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Fiscal Year 2023 -24 Budget was adopted on September 27, 2023; and WHEREAS, a budget amendment is required to increase the General Fund's Legal Department budget with the creation of an in-house Legal Department, which requires an increase in the amount of $426,296; and WHEREAS, in order to effectively handle the City's legal matters with an in-house Legal Department, the additional positions of the Deputy City Attorney and Senior Legal Assistant will also need approval; and WHEREAS, the General Fund appropriations will be amended from $118,561,146 to $118,987,442; due to the amended Legal Department budget reflecting increased appropriations from $686,478 to $1,112,774. WHEREAS, accordingly, staff is requesting Commission approval to amend the Fiscal Year 2023-24 budget as noted specifically on Exhibit A. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission hereby approves amending the Fiscal Year 2023- \\Fps\MAIN\SHRDATA\CA\RESO\Budget\2023 - 2024 Budget\FY23-24 Budget Amendment Resolution - (Legal Department)(TD).Doex 40 29 2024 Budget for the increase to the Legal Department (1910) accounts, which will adjust 30 budgeted appropriations, as noted on Exhibit "A," which Exhibit is attached hereto and 31 incorporated herein by reference. 32 Section 3. The City Commission hereby approves the addition of the positions to 33 the Legal Department, including the Deputy City Attorney and the Senior Legal Assistant. 34 Section 4. This Resolution shall become effective immediately upon passage. 35 PASSED AND ADOPTED this 7th day of November, 2023. 36 CITY OF BOYNTON BEACH, FLORIDA 37 38 39 40 41 42 43 44 45 46 47 48 49 ATTEST: 50 51 52 53 Maylee De Jesus, MPA, MMC 54 City Clerk 55 56 57 (Corporate Seal) 58 59 60 61 Mayor — Ty Penserga Vice -Mayor — Thomas Turkin Commissioner —Angela Cruz Commissioner —Woodrow L. Hay Commissioner —Aimee Kelley VOTE YES NO Ty Penserga Mayor APPROVED AS TO FORM: Shawna G. Lamb City Attorney \\Fps\MAIN\SHRDATA\CA\RESO\Budget\2023 - 2024 Budget\FY23-24 Budget Amendment Resolution - (Legal Department)(TD).Docx 41 CITY OF BOYNTON BEACH CAPITAL APPROPRIATION AMENDMENTS BUDGET YEAR 2023-24, Commission Meeting 11/07/23 2023/24 ADOPTED Amendment BUDGET Revenue Budget GENERAL FUND 001-0000-389.91-00 FUND BALANCE APPROPRIATED $ (294,937) 426,296 Adopted Fund Total Revenues $ 118,561,146 $ 426,296 001-1910-514.12-10 608,000 New Deputy City Attorney and Sr Legal Assistant 1,920 REGULAR SALARIES/WAGES $ 383,262 001-1910-514-15-12 2,400 38,996 CELL PHONE ALLOWANCE - 001-1910-514.15-20 22,500 120 CAR ALLOWANCE - 001-1910-514.21-10 1,995 29,307 EMPLOYER FICA 7,517 001-1910-514-22-40 1,000 630 DEFERRED COMPENSATION - 001-1910-514.23-10 220 (135,000) LIFE INSURANCE 60 001-1910-514.23-20 - (15,000) DISABILITY INSURANCE 66S 001-1910-514.23-30 50,000 2,000 HEALTH INSURANCE 9,769 001-1910-514.23-34 6,540 1,000 HSA S00 001-1910-514.23-40 11,800 Legal Subscription: Westlaw 50 DENTAL INSURANCE 1,258 001-1910-514.23-50 500 2,000 VISION INSURANCE SS 001-1910-514.31-11 3,000 85,000 LITIGATION FEES & COSTS 195,000 001-1910-514.31-14 9,000 88,000 LEGAL -LITIGATION CONTING 5,000 001-1910-514.31-15 LEGAL -LAND ACQ/TITLE 20,000 001-1910-514-31-90 OTHER PROFESSIONAL SERVS - 001-1910-514.40-12 BUSINESS MEETINGS - 001-1910-514.46-30 VEHICLE MAINT. - GARAGE - 001-1910-514.47-10 PRINTING & BINDING - 001-1910-514.46-91 SOFTWARE MAINTENANCE 200 001-1910-514.51-10 OFFICE SUPPLIES 450 001-1910-514.54-10 BOOKS AND PUBLICATIONS - 001-1910-514.54-20 MEMBERSHIPS - 001-1910-514.54-30 TRAINING - 001-1910-514.64-14 COMPUTER SOFTWARE - 001-1910-514.64-15 COMPUTER EQUIPMENT - 001-1910-514-64-33 VEHICLE PURCHASE - Adopted Fund Total Expenses $ 118,561,146 Exhibit A 2023/24 AMENDMENT AMENDED related to BUDGET PROJECT NUMBER Project Name/ Comments/ Vendor $ 131,359 $ 118,987,442 $ 224,738 $ 608,000 New Deputy City Attorney and Sr Legal Assistant 1,920 1,920 2,400 2,400 38,996 46,513 22,500 22,500 120 180 1,330 1,995 29,307 39,076 500 1,000 630 1,888 165 220 (135,000) 60,000 (5,000) - (15,000) 5,000 50,000 50,000 2,000 2,000 6,540 6,540 1,000 1,000 11,600 11,800 Legal Subscription: Westlaw 50 500 500 500 2,000 2,000 3,000 3,000 85,000 85,000 Legal Software System 9,000 9,000 88,000 88,000 Two Ford Explorers $ 426,296 $ 118,987,442 5:\Finance\Budget Amendments and Transfers\FY2023-24\Current Year Amendment\FY2324 Fund 001 Budget Amendment for LegalAtrs CI P Amendm&t 11072023 10/3142 :10 PM CITY OF BOYNTON BEACH NEW PERSONNEL REQUEST WORKSHEET BUDGET YEAR 2023 - 2024 Department: City Attorney Fund: 1 Division: Department Number: 1910 Supervisor of Requested Position. Shawna Lamb Title : City Attorney ADDITIONAL POSITION Deputy City Attorney (Position Title) (Requested Grade) Full Time F] Part Time n Exempt Non Exempt Current Number Number of Total Number of Adopted + Requested = of Proposed Positions Positions Positions The requesting department must explain rationale and description of change (in the box below). If neccesary, a new job description should be drafted for Human Resources to review. With the City Commission bringing the City Attorney in-house, additional support staff is necessary to build the City Attorney Department. 43 C:\Users\EASYPD-1\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@9COBEOA7\@BCL@9COBEOA7.xlsx 1 of 9 CITY OF BOYNTON BEACH NEW PERSONNEL REQUEST WORKSHEET BUDGET YEAR 2023 - 2024 Department: City Attorney Fund: 1 Division: 0 Department Number: 1910 Supervisor of Requested Position: Shawna Lamb Title : City Attorney PERSONNEL REQUEST EXPENSES WAGES Hourly Rate Annual Hrs Regular $96.15 + 2080 * $ 200,000 Holiday 0 Overtime Other/Allowances - (specify) 0 Total 200,000 FRINGE BENEFITS Employers FICA (7.65%) Long term UISOIJIIITy Insurance (U.667o) NOTE: Does not apply to Police Officers/ Firefighters Life Insurance (See Rates in chart at right)** $1.00 Health Insurance ($852.90 per month)** Dental Insurance ($41.30 per month)** Vision Insurance ($4.85 per month)** Other- (specify) Cell Phone allowance * If Part-time request, please use the proposed number of hours to be worked annually. ** Do not use if this is a part-time position. Total (19.99 Allowance for New /Reclass - Personnel Cost) OPERATING EXPENSES (Also itemize in Allow for New/ Reclass- Operating exp detail) Acct # Acct Description Detail Total (59.99 Allowance for New/Reclass - Operating Expenses) CAPITAL OUTLAY (Also itemize in Capital Outlay detail) Computer Equipment Laptop and docking station with monitor Furniture & Fixtures Office Equipment Other- (specify) VEHICLES (Also itemize in Capital Outlay detail) Vehicle Type/Cost - Ford Explorer Vehicle Service Costs Total (69.99 Allowance for New/Reclass - Capital Outlay) 15,300 1,320 24 19,539 Y44 111 900 0 Total 38,138 Total 3.000.00 Total 3,000 22,000 2,500 Total 24,500 Total 1 $ 27,500 GRAND TOTAL $ 265,638 44 C:\Users\EASYPD-1\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@9COBEOA7\@BCL@9COBEOA7.xlsx 2 of 9 C�IVL67AW1►11 Eel ►I7F_TA:I PERSONNEL RECLASSIFICATION REQUEST WORKSHEET BUDGET YEAR 2023 - 2024 Department: Fund: Division: Department Number: Supervisor of Position: Title: Check all changes which apply: Name of Incumbent S Change in Job Title from Change in Pay Grade from (current) to _ Change in Job Description (attach current and projected job description) to (proposed) The requesting department must explain rationale and description of change (in the box below). If neccesary, a new job description should be drafted for Human Resources to review. In order for the reclassification to be processed, incumbent(s) must meet minimum qualifications of the classification to which the position is being reclassified, C:\Users\EASYPD-1\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@9COBEOA7\@BCL@9COBEOA7.xlsx 3 of 9 45 CITY OF BOYNTON BEACH PERSONNEL RECLASSIFICATION REQUEST WORKSHEET BUDGET YEAR 2023 - 2024 Department: 0 Fund: 0 Division: 0 Department Number: 0 Supervisor of Position: 0 Title : 0 t-urrenr WAGES Proposed Hrly Rate Hrly Rate Difference Annual Hrs Regular $15.00 - $14.00 $1.00 x 2080 $ 2,080 Holiday 0 Overtime (Based on average of previous year) 0 Other/Allowances - (specify) 0 0 Total 2,080 FRINGE BENEFITS: FRINGE BENEFITS (Indicate # of positions if part-time to full-time.) M Employers FICA (7.65%) 159 Long lerm Disability Insurance (0.66%) NUI E: Does not apply to Nolice Utticers/Firetlghters 14 Life Insurance (See Rates in chart at right) ** $1.05 0 Health Insurance ($852.90 per month)** 0 Dental Insurance ($41.30 per month)** 0 Vision Insurance ($4.85 per month)** 0 Other - (specify) 0 0 Total * If Part-time request, please use the proposed number of hours to be worked annually. ** Do not use if this is a part-time position. Use when reclassifying from part-time to full-time position. Total (19.99 Allowance for New /Reclass - Personnel Cost) OPERATING EXPENSES: (Also itemize in Allow for N ew/Reclass- Operation exp detail) Acct # Acct Description Detail Total (59.99 Allowance for New/Reclass - Operating Expenses) GRAND TOTAL Please complete a separate page 2 for each incumbent in this reclassification request. C:\Users\EASYPD-1\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@9COBEOA7\@BCL@9COBEOA7.xlsx 2,252.85 4of9 46 CITY OF BOYNTON BEACH PERSONNEL RECLASSIFICATION REQUEST WORKSHEET BUDGET YEAR 2023 - 2024 Department: Fund: Division: Department Number: Supervisor of Position: Title: Check all changes which apply: Name of Incumbent ❑ Change in Job Title from to ❑ Change in Pay Grade from (current) to (proposed) ❑ Change in Job Description (attach current and projected job description) The requesting department must explain rationale and description of change (in the box below). If neccesary, a new job description should be drafted for Human Resources to review. In order for the reclassification to be processed, incumbent(s) must meet minimum qualifications of the classification to which the position is being reclassified, C:\Users\EASYPD-1\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@9COBEDA7\@BCL@9COBEOA7.xlsx 5 of 9 47 CITY OF BOYNTON BEACH PERSONNEL RECLASSIFICATION REQUEST WORKSHEET BUDGET YEAR 2023 - 2024 Department: 0 Fund: 0 Division: 0 Department Number: 0 Supervisor of Position: 0 Title: 0 WAGES Regular Holiday Overtime (Based on average of previous year) Other/Allowances - (specify) FRINGE BENEFITS: Current Hfly Rate $0.00 FRINGE BENEFITS (Indicate # of positions if part-time to full-time.) 0 Employers FICA (7.65%) Long Term Disability Insurance (0.66%) NOTE: Does not apply to Police Officers/Firefighters Life Insurance (See Rates in chart at right) ** $1.62 Health Insurance ($852.90 per month)** Dental Insurance ($41.30 per month)** Vision Insurance ($4.85 per month)** Other - (specify) Part-time Full-time Annual Hrs Annual Hrs 1040 2080 0 0 0 0 0 0 0 0 Total 0 0 0 0 0 0 0 19 0 9 0 472 0 55 0 0 0 0 Total 0 10,316 * If Part-time request, please use the proposed number of hours to be worked annually. ** Do not use if this is a part-time position. Use when reclassifying from part-time to full-time position. Total (19.99 Allowance for New /Reclass - Personnel Cost) I $ - D OPERATING EXPENSES: (Also itemize in Allow for New/ Reclass- Operation exp detail) Acct # Acct Description Detail Total (59.99 Allowance for New/Reclass - Operating Expenses) GRAND TOTAL Please complete a separate page 2 for each incumbent in this reclassification request. $ $ 10,316.33 C:\Users\EASYPD-1\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@9COBEOA7\@BCL@9COBEOA7.xlsx 6 of 9 48 CITY OF BOYNTON BEACH PERSONNEL DELETION WORKSHEET BUDGET YEAR 2023 - 2024 Department: Fund: Division: Department Number: Department Director: Title : NAME OF PERSON(S) TYPE OF POSITION (Position Title) (Requested Grade; Full Time Part Time n Exempt ❑ Non Exempt Current Number Number of Total of Adopted + Deleted = Number of Positions Positions Positions 2 -1 1 Pension Cost (Employer) 0.0% -X department must explain rationale ana aescription of cnange. WAGES Hrly Rate Regular $15.00 Holiday Overtime Other/Allowances - (specify) Annual Hrs + 2080 * -$ 31,200 0 0 0 0 I3 200 Tofa - 1, FRINGE BENEFITS Employers FICA (7.65%) -2,387 Long Term Disability Insurance (0.391%) NOTE: Does not apply to Police Officers/Firefighter -122 Pension Cost (Employer) 0.0% 0 Life Insurance (See Rates in chart at right)** $0.00 0 Health Insurance ($775.36 per month)** -8,881 Dental Insurance ($39.33 per month)** -450 Vision Insurance ($4.62 per month)** -53 Other- (specify) 0 Total -11,892 * If Part-time request, please use the proposed number of hours to be worked annually. ** Do not use if this is a part-time position. Total (Personnel Cost) Vr'LKAIIN(� tXt tNJtJ (Also itemize in Allow for New/Reclass-Operating exp detail) Acct # Acct Description Detail Total (operating Expenses) GRAND TOTAL C:\Users\EASYPD-1\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@9COBEOA7\@BCL@9COBEOA7.xlsx: Position Deletion Wrksht $ (43,UY2.43) Page 7 of 9 49 11/2022 Budget $ 718.56 $ Life Insurance Rates Dental Insurance $ 38.19 $ Monthly Vision Insurance Annual Classification Rate Long Term Disability Rate Police Lts, Sgts, Captains $ 6.30 $ 75.60 Exempt / Managerial $ 5.25 $ 63.00 Police Officers, Detectives $ 3.68 $ 44.16 Firefighters $ 3.68 $ 44.16 All other Full -Time Employees $ 1.05 $ 12.60 Retirees $ 0.26 $ 3.12 Health Insurance $ 718.56 $ 8,622.72 Dental Insurance $ 38.19 $ 458.28 Vision Insurance $ 4.48 $ 53.76 Long Term Disability 0.0066 Actual Monthly Actual Annua Rate Rate 0 1 1 1 1 1 1 491 FY2022-23 Projected Annual Rate 51 CITY OF BOYNTON BEACH NEW PERSONNEL REQUEST WORKSHEET BUDGET YEAR 2023 - 2024 Department: City Attorney Fund: 1 Division: Department Number: 1910 Supervisor of Requested Position: Shawna Lamb Title: City Attorney ADDITIONAL POSITION Senior Legal Assistant 27 (Position Title) (Requested Grade) Full Time ❑ Part Time ❑ Exempt ❑ Non Exempt Current Number Number of Total Number of Adopted + Requested = of Proposed Positions Positions Positions 2 1 All The requesting department must explain rationale and description of change (in the box below). If neccesary, a new job description should be drafted for Human Resources to review. With the City Commission bringing the City Attorney in-house, additional support staff is necessary to build the City Attorney Department. C:\Users\SwansonL\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\VN19SR1 B\FY2023-24 - Personnel Request Worksheet - Legal 1 of 2 52 CITY OF BOYNTON BEACH NEW PERSONNEL REQUEST WORKSHEET BUDGET YEAR 2023 - 2024 Department: City Attorney Fund: 1 Division: 0 Department Number: 1910 Supervisor of Requested Position: Shawna Lamb Title: City Attorney PERSONNEL REQUEST EXPENSES WAGES Hourly Rate Annual Hrs Regular $43.27 + 2080 * $ 90,000 Holiday 0 Overtime Other/Allowances - (specify) 0 Total 90,000 FRINGE BENEFITS Employers FICA (7.65%) 6,885 Long Term UIsaYJIIITy Insurance (U.Wvo) NOTE: Does not apply to Police Officers/Firefighters 594 Life Insurance (See Rates in chart at right)** $1.00 12 Health Insurance ($852.90 per month)** 9,769 Dental Insurance ($41.30 per month)** 472 Vision Insurance ($4.85 per month)** 55 Other - (specify) 0 U Total 17,788 * If Part-time request, please use the proposed number of hours to be worked annually. ** Do not use if this is a part-time position. Total (19.99 Allowance for New /Reclass - Personnel Cost) OPERATING EXPENSES (Also itemize in Allow for New/ Reclass- Operating exp detail) Acct # Acct Description Detail Total (59.99 Allowance for New/Reclass - Operating Expenses) CAPITAL OUTLAY (Also itemize in Capital Outlay detail) Computer Equipment Laptop and docking station with monitor Furniture & Fixtures Office Equipment Other - (specify) VEHICLES (Also itemize in Capital Outlay detail) Vehicle Type/Cost Vehicle Service Costs Total (69.99 Allowance for New/Reclass - Capital Outlay) Total 3.000.00 Total 3.000 Total 0 Total 1 $ 3,000 GRAND TOTAL $ 110,788 ! C:\Users\SwansonL\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\VN19SR1 B\FY2023-24 - Personnel Request Worksheet - Legal 2 of 2 53 CITY OF BOYNTON BEACH CAPITAL APPROPRIATION AMENDMENTS BUDGET YEAR 2023-24, Commission Meeting 11/07/23 2023/24 ADOPTED Amendment BUDGET Revenue Budget GENERAL FUND 001-0000-389.91-00 FUND BALANCE APPROPRIATED $ (294,937) 426,296 Adopted Fund Total Revenues $ 118,561,146 $ 426,296 001-1910-514.12-10 608,000 New Deputy City Attorney and Sr Legal Assistant 1,920 REGULAR SALARIES/WAGES $ 383,262 001-1910-514-15-12 2,400 38,996 CELL PHONE ALLOWANCE - 001-1910-514.15-20 22,500 120 CAR ALLOWANCE - 001-1910-514.21-10 1,995 29,307 EMPLOYER FICA 7,517 001-1910-514-22-40 1,000 630 DEFERRED COMPENSATION - 001-1910-514.23-10 220 (135,000) LIFE INSURANCE 60 001-1910-514.23-20 - (15,000) DISABILITY INSURANCE 66S 001-1910-514.23-30 50,000 2,000 HEALTH INSURANCE 9,769 001-1910-514.23-34 6,540 1,000 HSA S00 001-1910-514.23-40 11,800 Legal Subscription: Westlaw 50 DENTAL INSURANCE 1,258 001 -1910 500 -514.23 -SO VISION INSURANCE SS 001-1910-514.31-11 3,000 85,000 LITIGATION FEES & COSTS 195,000 001-1910-514.31-14 9,000 88,000 LEGAL -LITIGATION CONTING 5,000 001-1910-514.31-15 LEGAL -LAND ACQ/TITLE 20,000 001-1910-514-31-90 OTHER PROFESSIONAL SERVS - 001-1910-514.40-12 BUSINESS MEETINGS - 001-1910-514.46-30 VEHICLE MAINT. - GARAGE - 001-1910-514.47-10 PRINTING & BINDING - 001-1910-514.46-91 SOFTWARE MAINTENANCE 200 001-1910-514.51-10 OFFICE SUPPLIES 450 001-1910-514.54-10 BOOKS AND PUBLICATIONS - 001-1910-514.54-20 MEMBERSHIPS - 001-1910-514.54-30 TRAINING - 001-1910-514.64-14 COMPUTER SOFTWARE - 001-1910-514.64-15 COMPUTER EQUIPMENT - 001-1910-514-64-33 VEHICLE PURCHASE - Adopted Fund Total Expenses $ 118,561,146 Exhibit A 2023/24 AMENDMENT AMENDED related to BUDGET PROJECT NUMBER Project Name/ Comments/ Vendor $ 131,359 $ 118,987,442 $ 224,738 $ 608,000 New Deputy City Attorney and Sr Legal Assistant 1,920 1,920 2,400 2,400 38,996 46,513 22,500 22,500 120 180 1,330 1,995 29,307 39,076 500 1,000 630 1,888 165 220 (135,000) 60,000 (5,000) - (15,000) 5,000 50,000 50,000 2,000 2,000 6,540 6,540 1,000 1,000 11,600 11,800 Legal Subscription: Westlaw 50 500 500 500 2,000 2,000 3,000 3,000 85,000 85,000 Legal Software System 9,000 9,000 88,000 88,000 Two Ford Explorers $ 426,296 $ 118,987,442 5:\Finance\Budget Amendments and Transfers\FY2023-24\Current Year Amendment\FY2324 Fund 001 Budget Amendment for LegalAtrs CI P Amend m&t 11072023 10/3, 54 :10 PM 6.13 Consent Agenda 11/7/2023 City of Boynton Beach Agenda Item Request Form Meeting Date: 11/ 7/2023 Proposed Resolution No. R23-159- FY 2022-2023 year-end Budget Amendment for Revenues and Expenditures. Requested Action: Amend the FY2022-23 budget, which will adjust budgeted appropriations and revenue sources and provide spending authority for various Departments or Fund Operating and Capital Budgets. Explanation of Request: The FY2022-23 Budget was adopted on September 22, 2022. As such, the FY2022-23 Adopted Budget for various Operating and Capital Improvement Projects Funds plus related accounts need to be adjusted at the end of the fiscal year. This type of budget amendment is part of the annual budget process, and per Florida Statues, it must be completed within 60 days of the end of the budget year. The Budget amendment will increase or decrease the Fund's total appropriation, which requires City Commission approval, see Exhibit A. City staff has been able to identify revenue sources and unspent appropriations which can be reallocated to other accounts. Under best budgeting practices and governmental accounting standards, these funds should be re -appropriated to provide continued spending authority for these accounts. Accordingly, during FY2022-23, necessary budget modifications have been made in various Operating and Capital Improvement Accounts/Funds (between departments/divisions) for which the City Manager is authorized to approve. Staff is requesting approval for the budget adjustments made at the Fund level in FY2022-23. • The General Fund will be amended from $107,416,523 to $111,277,923 as a result of the recognition of additional revenues and to provide appropriations for personnel and operating costs, approved in FY22/23 (see Exhibit A). • The Solid Waste Fund will be amended from $13,204,689 to $13,595,289 due to the recognition of revenue, which will provide appropriations for Personnel and Vehicle Service needs, approved in FY22/23 (see Exhibit A). . The Fleet Fund will be amended from $16,090,631 to $16,720,631 for recognition of revenues and to provide the related contractual appropriations in FY22/23 (see Exhibit A). 55 • The Cemetery Fund (632) will be amended from $26,674 to $70,264 for the recognition of revenue and to provide appropriations for operating costs approved in FY22/23 (see Exhibit A). How will this affect city programs or services? Approval will allow the City to continue following good and appropriate budgeting practices. Fiscal Impact: Amendment to budget to recognize year end revenues and expenditures. Attachments: R23-159 Resolution approving FY22-23 Budget Amendment FY2022-23 All Funds Department Budget Amendment (Nov 7, 2023 Meeting) - Other Funds.pdf FY2022-23 All Funds Department Budget Amendment (Nov 7, 2023 Meeting) - GF.pdf 56 1 RESOLUTION R23-159 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 AMENDING THE FISCAL YEAR 2022-2023 BUDGET WHICH WILL 5 ADJUST BUDGETED APPROPRIATIONS AND REVENUE SOURCES 6 AND PROVIDE SPENDING AUTHORITY FOR DEPARTMENT OR 7 FUND OPERATING AND CAPITAL BUDGET; PROVIDING FOR 8 SEVERABILITY, CONFLICTS, AND AN EFFECTIVE DATE. 9 10 11 WHEREAS, the Fiscal year 2022-23 Budget was adopted on September 22, 2022; and 12 WHEREAS, as part of the annual budget process the FY2022-23 Adopted Budget for 13 various Operating and Capital Improvement Projects Funds plus related accounts needs to 14 be adjusted at the end of the fiscal year; and 15 WHEREAS, staff has been able to identify revenue sources and unspent appropriations 16 that can be reallocated to other accounts, which, under best budgeting practices and 17 governmental accounting standards, these funds should be re -appropriated to provide the 18 continued spending authority for these accounts; and 19 WHEREAS, during FY2022-23 necessary budget modifications have been made in 20 various Operating and Capital Improvement Accounts/Funds (between 21 department/divisions) for which the City Manager is authorized to approve; and 22 WHEREAS, staff is requesting approval for the budget adjustments made at the Fund 23 level in FY2022-23; and 24 WHEREAS, accordingly staff is requesting Commission approval to amend the FY 2022- 25 23 budget as noted specifically on Exhibit A. 26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 27 BOYNTON BEACH, FLORIDA: S:ACA\RESO\Budget\2022 - 2023 BudgetTY22-23 Budget Amendment Resolution - (November 7, 2023).Doex 57 28 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 29 being true and correct and are hereby made a specific part of this Resolution upon adoption 30 hereof. 31 Section 2. That the City Commission hereby approves amending the appropriated 32 FY 2022-2023 budget, which will adjust budgeted appropriations and revenue sources and 33 provide spending authority for Department or Fund Operating and Capital Budget as noted 34 on Exhibit A, a copy of which is attached hereto and incorporated herein by reference. The 35 following funds will be amended: 36 a. The General Fund will be amended from $107,416,523 to $111,277,923 as a result 37 of the recognition of additional revenues and to provide appropriations for 38 personnel and operating costs, approved in FY22/23 (see Exhibit A). 39 b. The Solid Waste Fund will be amended from $13,204,689 to $13,595,289 due to the 40 recognition of revenue, which will provide appropriations for Personnel and Vehicle 41 Service needs, approved in FY22/23 (see Exhibit A). 42 c. The Fleet Fund will be amended from $16,090,631 to $16,720,631 for recognition of 43 revenues and to provide the related contractual appropriations in FY22/23 (see 44 Exhibit A). 45 d. The Cemetery Fund (632) will be amended from $26,674 to $70,264 for the 46 recognition of revenue and to provide appropriations for operating costs approved 47 in FY22/23 (see Exhibit A). S:ACA\RESO\Budget\2022 - 2023 BudgetTY22-23 Budget Amendment Resolution - (November 7, 2023).Doex 58 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 ATTEST: 65 66 67 68 Maylee De Jesus, MPA, MMC 69 City Clerk 70 71 72 (Corporate Seal) 73 74 75 76 Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this 7th day of November, 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: Shawna G. Lamb City Attorney S:ACA\RESO\Budget\2022 - 2023 BudgetTY22-23 Budget Amendment Resolution - (November 7, 2023).Doex 59 * CITY COMMISSION CITY OF BOYNTON BEACH * CITY MANAGER 751,531 * CITY HALL/GEN ADMIN BUDGET AMENDMENT * MARKETING/COMMUNICATIONS 454,137 * SPECIAL EVENTS BUDGET YEAR 2022 - 2023 * TOWN SQUARE 4,330,543 * PUBLIC AFFAIRS 321,540 * DEPT INTERNAL INVESTIGATION GF Attachment 2022/23 2022/23 9/30/2023 9/30/2023 9/30/2023 CURRENT Y -T -D w ENCUMB. DEPARTMENT COMMISSION CITY MGR YE BUDGET ACTUAL / REVENUE BUDGET "I'RAN,SFIERS ADMENDMENT AMENDED BUDGET * GENERAL FUND REVENUES 107,416,523 122,095,283 01 3,861,400 1 111,277,923 * CITY COMMISSION 349,609 * CITY MANAGER 751,531 * CITY HALL/GEN ADMIN 4,147,396 * MARKETING/COMMUNICATIONS 454,137 * SPECIAL EVENTS 613,144 * TOWN SQUARE 4,330,543 * PUBLIC AFFAIRS 321,540 * DEPT INTERNAL INVESTIGATION 0 * CITY CLERK 760,156 * FINANCIAL SERVICES 1,653,861 * ITS 3,100,521 * HUMAN RESOURCES 1,373,975 * ADA & INCLUSION 161,077 * CITYATTORNEY 621,115 * UNIFORM SERVICES 19,552,401 * OFFICE OF THE CHIEF 5,095,866 * SUPPORT SERVICES 14,753,499 * FIRE 29,883,129 * EMERGENCY MANGEMENT 36,524 * DEVELOPMENT 391,374 * BUILDING 0 * COMMUNITY STANDARDS 1,471,233 * ENGINEERING 495,926 * PLANNING & ZONING 844,118 * ECONOMIC DEVELOPMENT 566,317 * PUBLIC WORKS 190,803 * FACILITIES MANAGEMENT 2,463,377 * STREETS MAINTENANCE 1,558,494 * PARKING SERVICES 285,352 * LIBRARY 2,585,390 * SCHOOLHOUSE MUSEUM 318,991 * RECREATION 4,013,149 * PARKS & GROUNDS 4,271,975 * RESERVES 0 GENERAL FUND BUDGET TOTAL (77,000) 107,416,523 368,20] 904,79E 4,239,285 350,735 629,015 4,526,253 276,714 572 796,633 1,726,181 2,839,685 1,381,295 148,026 660,923 20,137,20E 5,249,401 15,451,533 31,873,851 20,674 411,993 4,03E 1,422,463 789,283 752,764 307,777 206,553 2,234,632 1,672,75C 284,002 2,441,31E 229,312 3,852,86C 4,327,53; 4,181 21,500 - 371,109 156,500 - 908,031 0 95,500 4,242,896 (21,500) - 432,637 17,950 - 631,094 0 199,100 4,529,643 (18,650) - 302,890 700 700 40,000 - 800,156 77,000 - 1,730,861 (196,500) - 2,904,021 11,700 - 1,385,675 (11,700) - 149,377 96,000 - 717,115 0 670,000 20,222,401 0 163,900 5,259,766 0 718,900 15,472,399 0 2,014,000 31,897,129 0 - 36,524 25,000 - 416,374 4,100 - 4,100 (29,100) - 1,442,133 300,000 - 795,926 (77,000) - 767,118 (113,100) - 453,217 17,100 - 207,903 (175,000) - 2,288,377 118,000 - 1,676,494 0 - 285,352 (118,000) - 2,467,390 (64,750) - 254,241 (125,000) - 3,888,149 64,750 - 4,336,725 0 110,366,7371 01 3,861,4001 111,277,923 FY2022-23 All Funds Department Budget Amendment (Nov 7, 2023 Meeting) General Fund Summary -Totals 1 of 1 '60'2023 Adopted Fund Total Expenses 107,416,523 3,861,400 111,277,923 Solid Waste Fund CITY OF BOYNTON BEACH Exhibit A 431-0000-343.45-00 EXPENDITURE & REVENUE AMENDMENTS 2,500,000 390,600 2,890,600 16,090,631 630,000 FISCAL YEAR 2022 - 2023 FUEL OIL VEHICLES 13,595,289 431-2515-534.12-20 HOLIDAY PAY 50,000 2022/23 CITY MANAGER/COMMISSION 2022/23 OVERTIME 250,000 CURRENT Budget Adjustment AMENDED EMPLOYER FICA 173,894 BUDGET Revenue Expenditures BUDGET General Fund 78,600 1,468,169 2,300 7,873 632-3110-539.49-17 001-0000-323.10-01 FLORIDA POWER AND LIGHT 5,000,000 718,900 13,124 5,718,900 001-0000-335.12-00 STATE REVENUE SHARING 3,593,325 163,900 3,757,225 001-0000-335.18-00 SALES TAX 7,028,631 964,600 7,993,231 001-0000-342.41-00 ALS TRANSPORT SERVICES 2,500,000 2,014,000 4,514,000 Adopted Fund Total Revenues 107,416,523 3,861,400 111,277,923 001-1211-512.41-12 POSTAGE 50,000 60,000 110,000 001-1211-512.95-60 UNCOLLECTIBLE EXPENSE 0 35,500 35,500 001-1214-512.31-11 LITIGATION FEES & COSTS 130,290 23,000 153,290 001-1214-512.31-15 LEGAL -LAND ACQ/TITLE 40,000 175,000 215,000 001-1214-512.44-42 OFFICE RENTAL 0 100 100 001-1214-512.49-17 OTHER CONTRACTUAL SRVS 2,500 600 3,100 001-1214-512.72-01 DEBT INTEREST EXPENSE 2,698,598 400 2,698,998 001-2110-521.14-10 OVERTIME 560,584 670,000 1,230,584 001-2111-521.46-30 VEHICLEMAINT.- GARAGE 643,648 163,900 807,548 001-2112-521.12-10 REGULAR SALARIES/WAGES 6,922,244 190,000 7,112,244 001-2112-521.14-10 OVERTIME 990,000 340,000 1,330,000 001-2112-521.21-10 EMPLOYER FICA 578,969 66,000 644,969 001-2112-521.46-91 SOFTWARE MAINTENANCE 732,408 50,000 782,408 001-2112-521.52-20 OPR EQUIPMENT <$1000 35,316 28,000 63,316 001-2112-521.52-50 RANGE SUPPLIES 92,700 8,900 101,600 001-2112-521.64-16 FURNITURE & FIXTURES 0 36,000 36,000 001-2210-522.12-10 REGULAR SALARIES/WAGES 15,778,606 714,000 16,492,606 001-2210-522.12-20 HOLIDAY PAY 586,539 379,000 965,539 001-2210-522.14-10 OVERTIME 500,000 515,000 1,015,000 001-2210-522.15-40 INCENTIVE PAY 127,920 52,000 179,920 001-2210-522.21-10 EMPLOYER FICA 1,037,035 333,000 1,370,035 001-2210-522.46-30 VEHICLEMAINT.- GARAGE 411,406 21,000 432,406 Adopted Fund Total Expenses 107,416,523 3,861,400 111,277,923 Solid Waste Fund Beach Memorial Park Fund 501-0000-369.19-00 431-0000-343.45-00 REFUSE -MULTIFAMILY 2,500,000 390,600 2,890,600 16,090,631 630,000 Adopted Fund Total Revenues 13,204,689 390,600 FUEL OIL VEHICLES 13,595,289 431-2515-534.12-20 HOLIDAY PAY 50,000 27,000 77,000 431-2515-534.14-10 OVERTIME 250,000 235,000 485,000 431-2515-534.21-10 EMPLOYER FICA 173,894 50,000 223,894 431-2515-534.46-30 VEHICLE SERVICE COST 1,389,569 78,600 1,468,169 Adopted Fund Total Expenses 13,204,689 390,600 13,595,289 Fleet Fund Beach Memorial Park Fund 501-0000-369.19-00 VS - LABOR 469,084 630,000 1,099,084 Adopted Fund Total Revenues 16,090,631 630,000 16,720,631 501-2516-519.52-10 FUEL OIL VEHICLES 1,041,886 120,000 1,161,886 501-2516-519.52-13 AUTO PARTS & SUPPLIES 600,000 510,000 1,110,000 70,624 Adopted Fund Total Expenses 16,090,631 630,000 16,720,631 Boynton Beach Memorial Park Fund 632-0000-361.01-00 INTEREST INCOME 5,000 43,950 48,950 Adopted Fund Total Revenues 26,674 43,950 - 70,624 632-3110-539.43-10 ELECTRIC SERVICE 2,500 1,600 4,100 632-3110-539.43-20 WATER/SEWER SERVICE 5,573 2,300 7,873 632-3110-539.49-17 OTHER CONTRACTUAL SRVS 13,124 40,000 53,124 632-3110-539.52-01 SUPPLIES 1,750 50 1,800 Adopted Fund Total Expenses 26,674 43,950 70,624 S:\Finance\Budget Amendments and Transfers\FY2023-24\FY2022-23 YE dept Budget Adjustment\FY2022-23 All Funds Department Budget Amendment (Nov 7, 2023 Meeting)GF & Other Funds Amend - Exh A 61 Adopted Fund Total Expenses 107,416,523 3,861,400 111,277,923 Solid Waste Fund CITY OF BOYNTON BEACH Exhibit A 431-0000-343.45-00 EXPENDITURE & REVENUE AMENDMENTS 2,500,000 390,600 2,890,600 16,090,631 630,000 FISCAL YEAR 2022 - 2023 FUEL OIL VEHICLES 13,595,289 431-2515-534.12-20 HOLIDAY PAY 50,000 2022/23 CITY MANAGER/COMMISSION 2022/23 OVERTIME 250,000 CURRENT Budget Adjustment AMENDED EMPLOYER FICA 173,894 BUDGET Revenue Expenditures BUDGET General Fund 78,600 1,468,169 2,300 7,873 632-3110-539.49-17 001-0000-323.10-01 FLORIDA POWER AND LIGHT 5,000,000 718,900 13,124 5,718,900 001-0000-335.12-00 STATE REVENUE SHARING 3,593,325 163,900 3,757,225 001-0000-335.18-00 SALES TAX 7,028,631 964,600 7,993,231 001-0000-342.41-00 ALS TRANSPORT SERVICES 2,500,000 2,014,000 4,514,000 Adopted Fund Total Revenues 107,416,523 3,861,400 111,277,923 001-1211-512.41-12 POSTAGE 50,000 60,000 110,000 001-1211-512.95-60 UNCOLLECTIBLE EXPENSE 0 35,500 35,500 001-1214-512.31-11 LITIGATION FEES & COSTS 130,290 23,000 153,290 001-1214-512.31-15 LEGAL -LAND ACQ/TITLE 40,000 175,000 215,000 001-1214-512.44-42 OFFICE RENTAL 0 100 100 001-1214-512.49-17 OTHER CONTRACTUAL SRVS 2,500 600 3,100 001-1214-512.72-01 DEBT INTEREST EXPENSE 2,698,598 400 2,698,998 001-2110-521.14-10 OVERTIME 560,584 670,000 1,230,584 001-2111-521.46-30 VEHICLEMAINT.- GARAGE 643,648 163,900 807,548 001-2112-521.12-10 REGULAR SALARIES/WAGES 6,922,244 190,000 7,112,244 001-2112-521.14-10 OVERTIME 990,000 340,000 1,330,000 001-2112-521.21-10 EMPLOYER FICA 578,969 66,000 644,969 001-2112-521.46-91 SOFTWARE MAINTENANCE 732,408 50,000 782,408 001-2112-521.52-20 OPR EQUIPMENT <$1000 35,316 28,000 63,316 001-2112-521.52-50 RANGE SUPPLIES 92,700 8,900 101,600 001-2112-521.64-16 FURNITURE & FIXTURES 0 36,000 36,000 001-2210-522.12-10 REGULAR SALARIES/WAGES 15,778,606 714,000 16,492,606 001-2210-522.12-20 HOLIDAY PAY 586,539 379,000 965,539 001-2210-522.14-10 OVERTIME 500,000 515,000 1,015,000 001-2210-522.15-40 INCENTIVE PAY 127,920 52,000 179,920 001-2210-522.21-10 EMPLOYER FICA 1,037,035 333,000 1,370,035 001-2210-522.46-30 VEHICLEMAINT.- GARAGE 411,406 21,000 432,406 Adopted Fund Total Expenses 107,416,523 3,861,400 111,277,923 Solid Waste Fund Beach Memorial Park Fund 501-0000-369.19-00 431-0000-343.45-00 REFUSE -MULTIFAMILY 2,500,000 390,600 2,890,600 16,090,631 630,000 Adopted Fund Total Revenues 13,204,689 390,600 FUEL OIL VEHICLES 13,595,289 431-2515-534.12-20 HOLIDAY PAY 50,000 27,000 77,000 431-2515-534.14-10 OVERTIME 250,000 235,000 485,000 431-2515-534.21-10 EMPLOYER FICA 173,894 50,000 223,894 431-2515-534.46-30 VEHICLE SERVICE COST 1,389,569 78,600 1,468,169 Adopted Fund Total Expenses 13,204,689 390,600 13,595,289 Fleet Fund Beach Memorial Park Fund 501-0000-369.19-00 VS - LABOR 469,084 630,000 1,099,084 Adopted Fund Total Revenues 16,090,631 630,000 16,720,631 501-2516-519.52-10 FUEL OIL VEHICLES 1,041,886 120,000 1,161,886 501-2516-519.52-13 AUTO PARTS & SUPPLIES 600,000 510,000 1,110,000 70,624 Adopted Fund Total Expenses 16,090,631 630,000 16,720,631 Boynton Beach Memorial Park Fund 632-0000-361.01-00 INTEREST INCOME 5,000 43,950 48,950 Adopted Fund Total Revenues 26,674 43,950 - 70,624 632-3110-539.43-10 ELECTRIC SERVICE 2,500 1,600 4,100 632-3110-539.43-20 WATER/SEWER SERVICE 5,573 2,300 7,873 632-3110-539.49-17 OTHER CONTRACTUAL SRVS 13,124 40,000 53,124 632-3110-539.52-01 SUPPLIES 1,750 50 1,800 Adopted Fund Total Expenses 26,674 43,950 70,624 S:\Finance\Budget Amendments and Transfers\FY2023-24\FY2022-23 YE dept Budget Adjustment\FY2022-23 All Funds Department Budget Amendment (Nov 7, 2023 Meeting)GF & Other Funds Amend - Exh A 62 * CITY COMMISSION CITY OF BOYNTON BEACH * CITY MANAGER 751,531 * CITY HALL/GEN ADMIN BUDGET AMENDMENT * MARKETING/COMMUNICATIONS 454,137 * SPECIAL EVENTS BUDGET YEAR 2022 - 2023 * TOWN SQUARE 4,330,543 * PUBLIC AFFAIRS 321,540 * DEPT INTERNAL INVESTIGATION GF Attachment 2022/23 2022/23 9/30/2023 9/30/2023 9/30/2023 CURRENT Y -T -D w ENCUMB. DEPARTMENT COMMISSION CITY MGR YE BUDGET ACTUAL / REVENUE BUDGET "I'RAN,SFIERS ADMENDMENT AMENDED BUDGET * GENERAL FUND REVENUES 107,416,523 122,095,283 01 3,861,400 1 111,277,923 * CITY COMMISSION 349,609 * CITY MANAGER 751,531 * CITY HALL/GEN ADMIN 4,147,396 * MARKETING/COMMUNICATIONS 454,137 * SPECIAL EVENTS 613,144 * TOWN SQUARE 4,330,543 * PUBLIC AFFAIRS 321,540 * DEPT INTERNAL INVESTIGATION 0 * CITY CLERK 760,156 * FINANCIAL SERVICES 1,653,861 * ITS 3,100,521 * HUMAN RESOURCES 1,373,975 * ADA & INCLUSION 161,077 * CITYATTORNEY 621,115 * UNIFORM SERVICES 19,552,401 * OFFICE OF THE CHIEF 5,095,866 * SUPPORT SERVICES 14,753,499 * FIRE 29,883,129 * EMERGENCY MANGEMENT 36,524 * DEVELOPMENT 391,374 * BUILDING 0 * COMMUNITY STANDARDS 1,471,233 * ENGINEERING 495,926 * PLANNING & ZONING 844,118 * ECONOMIC DEVELOPMENT 566,317 * PUBLIC WORKS 190,803 * FACILITIES MANAGEMENT 2,463,377 * STREETS MAINTENANCE 1,558,494 * PARKING SERVICES 285,352 * LIBRARY 2,585,390 * SCHOOLHOUSE MUSEUM 318,991 * RECREATION 4,013,149 * PARKS & GROUNDS 4,271,975 * RESERVES 0 GENERAL FUND BUDGET TOTAL (77,000) 107,416,523 368,20] 904,79E 4,239,285 350,735 629,015 4,526,253 276,714 572 796,633 1,726,181 2,839,685 1,381,295 148,026 660,923 20,137,20E 5,249,401 15,451,533 31,873,851 20,674 411,993 4,03E 1,422,463 789,283 752,764 307,777 206,553 2,234,632 1,672,75C 284,002 2,441,31E 229,312 3,852,86C 4,327,53; 4,181 21,500 - 371,109 156,500 - 908,031 0 95,500 4,242,896 (21,500) - 432,637 17,950 - 631,094 0 199,100 4,529,643 (18,650) - 302,890 700 700 40,000 - 800,156 77,000 - 1,730,861 (196,500) - 2,904,021 11,700 - 1,385,675 (11,700) - 149,377 96,000 - 717,115 0 670,000 20,222,401 0 163,900 5,259,766 0 718,900 15,472,399 0 2,014,000 31,897,129 0 - 36,524 25,000 - 416,374 4,100 - 4,100 (29,100) - 1,442,133 300,000 - 795,926 (77,000) - 767,118 (113,100) - 453,217 17,100 - 207,903 (175,000) - 2,288,377 118,000 - 1,676,494 0 - 285,352 (118,000) - 2,467,390 (64,750) - 254,241 (125,000) - 3,888,149 64,750 - 4,336,725 0 110,366,7371 01 3,861,4001 111,277,923 FY2022-23 All Funds Department Budget Amendment (Nov 7, 2023 Meeting) General Fund Summary -Totals 1 of 1 '63'2023 6.0 Consent Agenda 11/7/2023 Proposed Resolution No. R23-160- FY2023-24 Capital Budget Amendment for prior year available CIP budgets. Requested Action: Amend various FY 2023-24 Capital Project accounts. This request will adjust budgeted appropriations and revenue sources and provide spending authority for the Capital Improvement Funds (302 & 303) and the Utility Capital Improvement Funds (403 & 404). Explanation of Request: The FY 2023-24 Budget was adopted in September 27, 2023. During the new fiscal year that started on October 1, 2023, available capital improvement budget from the prior fiscal year 2022-23 was identified during the month of October. This type of budget amendment is part of the annual budget process. The budget adjustment will increase the Fund's total appropriation, which requires City Commission approval. The City's capital projects may span multiple years and continue into the following year. Under best budgeting practices and governmental accounting standards, these funds should be re - appropriated to provide the continued spending authority for these projects. Accordingly, during FY 2023-24 budget modifications will be made to various Funds, see Exhibit A, staff is requesting Commission approval. The Capital Improvement Fund will be amended for Fund 302 from $6,387,691 to $8,309,891 and Fund 303 will be amended from $5,536,700 to $6,392,000 all due to available prior year project budgets. • The Water & Sewer Utility Capital Funds will be amended for Fund 403 from $30,220,000 to $41,784,000 due to prior year available project budget. There will be an additional FY2023-24 budget adjustment for the Mangrove Study (increase of $100,000) from the Police CAD Records Management System project. This does not affect the appropriations of $6,392,000 for Fund 302. How will this affect city programs or services? Allow for the continuance of good and 64 appropriate budgeting practices. Fiscal Impact: See Exhibit A for a summary of the fiscal impact. Attachments: R23-160 Resolution approving the FY23-24 CIP Budget Amendment (November 7, 2023) FY23-24 Budget Rollover Amendment for PY22-23 Available Capital Budget.pdf 65 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 RESOLUTION R23-160 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING VARIOUS FY 2023-24 CAPITAL PROJECT ACCOUNTS, WHICH WILL ADJUST BUDGETED APPROPRIATIONS AND REVENUE SOURCES AND PROVIDE SPENDING AUTHORITY FOR THE CAPITAL IMPROVEMENT FUNDS (302 & 303) AND THE UTILITY CAPITAL IMPROVEMENT FUNDS (403 & 404); AND PROVIDING AN EFFECTIVE DATE. WHEREAS, a final budget was approved by the City Commission on September 27, 2023, for the fiscal year 2023-2024; and WHEREAS, During the new fiscal year that started on October 1, 2023, the available capital improvement budget from the prior fiscal year 2022-23 was identified during the month of October; and WHEREAS, this type of budget amendment is part of the annual budget process and will increase the Fund's total appropriation, which requires City Commission approval; and WHEREAS, The City's capital projects may span multiple years and continue into the following year. Under best budgeting practices and governmental accounting standards, these funds should be re -appropriated to provide the continued spending authority for these projects; and WHEREAS, the Capital Improvement Fund will be amended for Fund 302 from $6,387,691 to $8,309,891, and Fund 303 will be amended from $5,536,700 to $6,392,000 all due to available prior year project budgets; and WHEREAS, the Water & Sewer Utility Capital Funds will be amended for Fund 403 from $30,220,000 to $41,784,000 due to the prior year available project budget; and WHEREAS, accordingly, staff is requesting City Commission approval to amend the FY 2023-24 budget as noted specifically in Exhibit A. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: 1 S:ACA\RES0\13udget\2023 - 2024 BudgetTY23-24 CIP Budget Amendment Resolution - (November 7, 2023).Docx 66 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission hereby approves amending various FY 2023-24 Capital Project accounts as reflected on Exhibit "A" attached hereto and incorporated herein, which will adjust budgeted appropriations and revenue sources and provide spending authority for the Capital Improvement Funds (302 & 303) and the Utility Capital Improvement Funds (403 & 404). Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this 7th day of November, 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 2 VOTE Ty Penserga Mayor APPROVED AS TO FORM: Shawna G. Lamb. City Attorney S:ACA\RESO\Budget\2023 - 2024 Budget\FY23-24 CIP Budget Amendment Resolution - (November 7, 2023).Docx 67 CITY OF BOYNTON BEACH CAPITAL APPROPRIATION AMENDMENTS BUDGET YEAR 2023-24, Commission Meeting 11/07/23 2023/24 ADOPTED Amendment Revenue Budget Exhibit A 2023/24 AMENDMENT AMENDED related to BUDGET PROJECT NUMBER Project Name / Comments/ Vendor CAPITAL IMPROVEMENT FUND FUND BALANCE APPROPRIATED $ 1,079,700 $ 855,300 $ 1,935,000 302-0000-369.22-00 CRA REIMBURSEMENT $ 900,000 $ 190,000 6,392,000 $ 1,090,000 303-4101-572.62-01 302-0000-389.91-00 FUND BALANCE APPROPRIATED $ 1,899,691 1,732,200 RP2343 3,631,891 303-4103-580.63-15 GROUNDS IMPORVEMENTS - Adopted Fund Total Revenues $ 6,387,691 $ 1,922,200 Boynton Beach Blvd Extension $ 8,309,891 BUILDING IMPROVEMENTS - 302-4101-580.62-01 BUILDING IMPROVEMENTS $ - $ 10,600 $ 10,600 GG2310 Visitors Center 302-4145-580.62-01 BUILDING IMPROVEMENTS GH2201 - 303-4116-580.64-18 3,600 3,600 RP2203 Historic Women's Club 302-4103-580.63-15 GROUNDS IMPROVEMENTS Public Works HVAC Replacement - COMPUTER EQUIPMENT 315,000 315,000 GG2005 BB Blvd Ext - Pete's Pond Improvements 302-4101-580.31-90 OTHER PROFESSIONAL SRVS 303-4209-572.63-05 420,000 35,000 70,000 490,000 GG2xxx San Castle project 302-4135-572.63-05 PARKS IMPROVEMENTS AMERICAN DISABILITIES ACT - 875,000 875,000 RP2302 Eco Park 302-4126-522.62-01 BUILDING IMPROVEMENTS - - 30,000 458,000 458,000 FA2205 Fire Station#2 Hardening 302-4905-580.63-07 CRA IMPROVEMENTS - 30,800 190,000 190,000 TR211D CRA Improvements Adopted Fund Total Expenses $ 6,387,691 $ 1,922,200 $ 8,309,891 303-0000-389.91-00 FUND BALANCE APPROPRIATED $ 1,079,700 $ 855,300 $ 1,935,000 Adopted Fund Total Revenues $ 5,536,700 $ 855,300 $ 6,392,000 303-4101-572.62-01 BUILDING IMPROVEMENTS $ 4,000 $ 37,000 $ 41,000 RP2343 Cultural Center Buildouts 303-4103-580.63-15 GROUNDS IMPORVEMENTS - 28,000 28,000 GG1801 Boynton Beach Blvd Extension 303-4199-580.62-01 BUILDING IMPROVEMENTS - 36,000 36,000 GGxxxx Library &City Sign 303-4126-522.64-18 AIR CONDITIONERS - 8,500 8,500 GH2201 Fire Station #2 HVAC 303-4116-580.64-18 AIR CONDITIONERS - 10,000 10,000 GH2206 Public Works HVAC Replacement 303-4209-572.64-15 COMPUTER EQUIPMENT - 127,000 127,000 RP2204 HesterCenter- Cameras 303-4209-572.63-05 PARKS IMPROVEMENTS 35,000 121,000 156,000 RP2101 HesterCenter - Site Improvements 303-4220-572.62-03 AMERICAN DISABILITIES ACT - 22,000 22,000 RP2315 Little League Park ADA 303-4211-572.49-17 OTHER CONTRACTUAL SRVS - 30,000 30,000 RP2216 Oyer Park- Dredge Channel 303-4211-572.63-05 PARKS IMPROVEMENTS - 30,800 30,800 RP2213 Oyer Park - Fishing Pier 303-4126-522.62-01 BUILDING IMPROVEMENTS - 8,200 8,200 FA2308 FS#2- Garage Door Replament/Fleet Fire Logistics 303-4119-521.64-15 COMPUTER EQUIPMENT - 111,000 111,000 PD2309 Police Headquarters- Datrium 303-4119-521.64-15 COMPUTER EQUIPMENT - 77,500 77,500 PD2308 Police Headquarters- Comm. Server Room 303-4101-580.64-15 COMPUTER EQUIPMENT - 6,000 6,000 GG2207 Town Square Outdoor Wi-Fi 303-4101-580.64-15 COMPUTER EQUIPMENT 850,ODD 25,000 875,000 IT2301 Firewall Replacement- Data Center 303-4101-580.64-15 COMPUTER EQUIPMENT 875,ODD 16,000 891,000 IT2202 Fiber Optic Cable Replacement 303-4904-541.63-03 AMERICAN DISABILITIES ACT 50,000 50,000 100,000 TR1701 Sidewalks Ramp - ADA 303-4905-580.63-08 STREET IMPROVEMENTS 1,990,000 17,400 2,007,400 TR2101 Industrial Way Darinage 303-4905-580.63-08 STREET IMPROVEMENTS 2,007,400 16,800 2,024,200 CP0266 Street Maintenance/Impv. 303-4905-541.63-23 RR CROSSING UPGRADES 76,000 27,100 103,100 TR2307 Brightline Intrusion 303-4906-541.63-22 BRIDGE IMPROVEMENTS 5D,000 50,000 2,074,200 TR23XX Bridge Replacement (Grant) Adopted Fund Total Expenses $ 5,536,700 $ 855,300 $ 6,392,000 UTILITY FUND CAPITAL IMPROVEMENT FUND 403-0000-389.92-00 NET ASSETS APPROPR $ 12,620,000 $ 11,564,000 $ 24,184,000 Adopted Fund Total Revenues $ 30,220,000 $ 11,564,000 $ 41,784,000 403-5000-538.65-09 R&R - STORMWATER $ 4,47D,OD0 $ 125,000 $ 4,595,000 UC2102 Coquina Cove Stormwater 403-5000-533.65-02 R&R - WATER $ 14,25D,000 $ 125,000 $ 14,375,000 UC2102 Coquina Cove Water Impv 403-5000-533.65-02 R&R - WATER 795,000 15,170,000 WT2104 West Wellfield Electrical 403-5000-533.65-02 R&R - WATER 2,860,000 18,030,000 WT1902 EWTP Generator Replacement 403-5000-533.65-02 R&R - WATER 3,123,000 21,153,000 WT2102 East Plant Filter Refurbishment & Media Repl 403-50DO-533.65-02 R&R - WATER 800,000 21,953,000 WT2316 EWTP HSP 5 & 6Improvements 403-50DO-533.65-02 R&R - WATER 1,000,000 22,953,000 WT2317 East WTP Structural and Piping Improvements 403-5000-535.65-04 R&R -SEWER $ 8,850,ODO $ 125,000 $ 8,975,000 UC2102 Coquina Cove Water Impv 403-5000-535.65-04 R&R -SEWER 358,000 9,333,000 SW1602 Beach Plant Replacement 403-50DO-535.65-04 R&R -SEWER 2,253,000 11,586,000 SW2202 Lift Station 317 Major Upgrade - Construction Adopted Fund Total Expenditures $ 30,220,000 $ 11,564,000 $ 41,784,000 5:\Finance\Budget Amendments and Tran5fers\FY2023-24\Current Year Amendment\FY23-24 Budget Rollover Amendment for PY22-23 Available Capitdll BudgetAmendment Worksheet 10/v 68 :47 PV CITY OF BOYNTON BEACH CAPITAL APPROPRIATION AMENDMENTS BUDGET YEAR 2023-24, Commission Meeting 11/07/23 2023/24 ADOPTED Amendment Revenue Budget Exhibit A 2023/24 AMENDMENT AMENDED related to BUDGET PROJECT NUMBER Project Name / Comments/ Vendor CAPITAL IMPROVEMENT FUND FUND BALANCE APPROPRIATED $ 1,079,700 $ 855,300 $ 1,935,000 302-0000-369.22-00 CRA REIMBURSEMENT $ 900,000 $ 190,000 6,392,000 $ 1,090,000 303-4101-572.62-01 302-0000-389.91-00 FUND BALANCE APPROPRIATED $ 1,899,691 1,732,200 RP2343 3,631,891 303-4103-580.63-15 GROUNDS IMPORVEMENTS - Adopted Fund Total Revenues $ 6,387,691 $ 1,922,200 Boynton Beach Blvd Extension $ 8,309,891 BUILDING IMPROVEMENTS - 302-4101-580.62-01 BUILDING IMPROVEMENTS $ - $ 10,600 $ 10,600 GG2310 Visitors Center 302-4145-580.62-01 BUILDING IMPROVEMENTS GH2201 - 303-4116-580.64-18 3,600 3,600 RP2203 Historic Women's Club 302-4103-580.63-15 GROUNDS IMPROVEMENTS Public Works HVAC Replacement - COMPUTER EQUIPMENT 315,000 315,000 GG2005 BB Blvd Ext - Pete's Pond Improvements 302-4101-580.31-90 OTHER PROFESSIONAL SRVS 303-4209-572.63-05 420,000 35,000 70,000 490,000 GG2xxx San Castle project 302-4135-572.63-05 PARKS IMPROVEMENTS AMERICAN DISABILITIES ACT - 875,000 875,000 RP2302 Eco Park 302-4126-522.62-01 BUILDING IMPROVEMENTS - - 30,000 458,000 458,000 FA2205 Fire Station#2 Hardening 302-4905-580.63-07 CRA IMPROVEMENTS - 30,800 190,000 190,000 TR211D CRA Improvements Adopted Fund Total Expenses $ 6,387,691 $ 1,922,200 $ 8,309,891 303-0000-389.91-00 FUND BALANCE APPROPRIATED $ 1,079,700 $ 855,300 $ 1,935,000 Adopted Fund Total Revenues $ 5,536,700 $ 855,300 $ 6,392,000 303-4101-572.62-01 BUILDING IMPROVEMENTS $ 4,000 $ 37,000 $ 41,000 RP2343 Cultural Center Buildouts 303-4103-580.63-15 GROUNDS IMPORVEMENTS - 28,000 28,000 GG1801 Boynton Beach Blvd Extension 303-4199-580.62-01 BUILDING IMPROVEMENTS - 36,000 36,000 GGxxxx Library &City Sign 303-4126-522.64-18 AIR CONDITIONERS - 8,500 8,500 GH2201 Fire Station #2 HVAC 303-4116-580.64-18 AIR CONDITIONERS - 10,000 10,000 GH2206 Public Works HVAC Replacement 303-4209-572.64-15 COMPUTER EQUIPMENT - 127,000 127,000 RP2204 HesterCenter- Cameras 303-4209-572.63-05 PARKS IMPROVEMENTS 35,000 121,000 156,000 RP2101 HesterCenter - Site Improvements 303-4220-572.62-03 AMERICAN DISABILITIES ACT - 22,000 22,000 RP2315 Little League Park ADA 303-4211-572.49-17 OTHER CONTRACTUAL SRVS - 30,000 30,000 RP2216 Oyer Park- Dredge Channel 303-4211-572.63-05 PARKS IMPROVEMENTS - 30,800 30,800 RP2213 Oyer Park - Fishing Pier 303-4126-522.62-01 BUILDING IMPROVEMENTS - 8,200 8,200 FA2308 FS#2- Garage Door Replament/Fleet Fire Logistics 303-4119-521.64-15 COMPUTER EQUIPMENT - 111,000 111,000 PD2309 Police Headquarters- Datrium 303-4119-521.64-15 COMPUTER EQUIPMENT - 77,500 77,500 PD2308 Police Headquarters- Comm. Server Room 303-4101-580.64-15 COMPUTER EQUIPMENT - 6,000 6,000 GG2207 Town Square Outdoor Wi-Fi 303-4101-580.64-15 COMPUTER EQUIPMENT 850,ODD 25,000 875,000 IT2301 Firewall Replacement- Data Center 303-4101-580.64-15 COMPUTER EQUIPMENT 875,ODD 16,000 891,000 IT2202 Fiber Optic Cable Replacement 303-4904-541.63-03 AMERICAN DISABILITIES ACT 50,000 50,000 100,000 TR1701 Sidewalks Ramp - ADA 303-4905-580.63-08 STREET IMPROVEMENTS 1,990,000 17,400 2,007,400 TR2101 Industrial Way Darinage 303-4905-580.63-08 STREET IMPROVEMENTS 2,007,400 16,800 2,024,200 CP0266 Street Maintenance/Impv. 303-4905-541.63-23 RR CROSSING UPGRADES 76,000 27,100 103,100 TR2307 Brightline Intrusion 303-4906-541.63-22 BRIDGE IMPROVEMENTS 5D,000 50,000 2,074,200 TR23XX Bridge Replacement (Grant) Adopted Fund Total Expenses $ 5,536,700 $ 855,300 $ 6,392,000 UTILITY FUND CAPITAL IMPROVEMENT FUND 403-0000-389.92-00 NET ASSETS APPROPR $ 12,620,000 $ 11,564,000 $ 24,184,000 Adopted Fund Total Revenues $ 30,220,000 $ 11,564,000 $ 41,784,000 403-5000-538.65-09 R&R - STORMWATER $ 4,47D,OD0 $ 125,000 $ 4,595,000 UC2102 Coquina Cove Stormwater 403-5000-533.65-02 R&R - WATER $ 14,25D,000 $ 125,000 $ 14,375,000 UC2102 Coquina Cove Water Impv 403-5000-533.65-02 R&R - WATER 795,000 15,170,000 WT2104 West Wellfield Electrical 403-5000-533.65-02 R&R - WATER 2,860,000 18,030,000 WT1902 EWTP Generator Replacement 403-5000-533.65-02 R&R - WATER 3,123,000 21,153,000 WT2102 East Plant Filter Refurbishment & Media Repl 403-50DO-533.65-02 R&R - WATER 800,000 21,953,000 WT2316 EWTP HSP 5 & 6Improvements 403-50DO-533.65-02 R&R - WATER 1,000,000 22,953,000 WT2317 East WTP Structural and Piping Improvements 403-5000-535.65-04 R&R -SEWER $ 8,850,ODO $ 125,000 $ 8,975,000 UC2102 Coquina Cove Water Impv 403-5000-535.65-04 R&R -SEWER 358,000 9,333,000 SW1602 Beach Plant Replacement 403-50DO-535.65-04 R&R -SEWER 2,253,000 11,586,000 SW2202 Lift Station 317 Major Upgrade - Construction Adopted Fund Total Expenditures $ 30,220,000 $ 11,564,000 $ 41,784,000 5:\Finance\Budget Amendments and Tran5fers\FY2023-24\Current Year Amendment\FY23-24 Budget Rollover Amendment for PY22-23 Available Capitdll BudgetAmendment Worksheet 10/v 69 :47 PV g Consent Agenda 11/7/2023 Proposed Resolution No. R23-161- Interlocal Agreement between the City of Boynton Beach and the Boynton Beach Community Redevelopment Agency for funding Construction and Professional Services. Requested Action: Approve and authorize the Mayor to sign an Interlocal Agreement between the City of Boynton Beach and the Boynton Beach Community Redevelopment Agency for funding Construction and Professional Services. Explanation of Request: The City will be performing construction projects within the Community Redevelopment Area (CRA) to reduce slum, blight, and enhance the redevelopment properties. The Boynton Beach CRA will provide the funding for the projects and will provide annual updates. The agreement will serve as a municipal and public purpose and be consistent with the 2016 CRA plan and requirements of Chapter 163, Florida Statutes. How will this affect city programs or services? The improvements will increase the market value of the properties, increase the profits for residents, and provide beautification for the area. Fiscal Impact: Funding provided by the CRA for fiscal year 23-24 projects under the interlocal agreement are in the total amount of $960,000. Attachments: R23-161 Resolution approving ILA with CRA for Construction and Professional Services 23 -1016 -Interlocal -Agreement SGL.docx 70 1 RESOLUTION R23-161 2 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 5 APPROVING AND AUTHORIZING THE MAYOR TO SIGN AN INTERLOCAL 6 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE 7 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR 8 FUNDING CONSTRUCTION AND PROFESSIONAL SERVICES; AND 9 PROVIDING AN EFFECTIVE DATE. 10 11 WHEREAS, The City will be performing construction projects within the Community 12 Redevelopment Area (CRA) to reduce slum, blight, and enhance the redevelopment properties; 13 and 14 WHEREAS, The CRA will provide the funding for the projects and will provide annual 15 updates; and 16 WHEREAS, The agreement will serve as a municipal and public purpose and be 17 consistent with the 2016 CRA plan and requirements of Chapter 163, Florida Statutes; and 18 WHEREAS, the City Commission of the City of Boynton Beach upon recommendation of 19 staff, deems it to be in the best interest of the citizens and residents of the City of Boynton Beach 20 to approve and authorize the Mayor to sign an Interlocal Agreement between the City of 21 Boynton Beach and the Boynton Beach Community Redevelopment Agency for funding 22 Construction and Professional Services. 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 24 BOYNTON BEACH, FLORIDA, THAT: 25 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 26 being true and correct and are hereby made a specific part of this Resolution upon adoption 27 hereof. 28 Section 2. The City Commission of the City of Boynton Beach hereby approves and 29 authorizes the Mayor to sign an Interlocal Agreement between the City of Boynton Beach and 30 the Boynton Beach Community Redevelopment Agency for funding Construction and 31 Professional Services. A copy of the Interlocal Agreement is attached hereto and made a part 32 hereof by reference as Exhibit "A." 33 Section 3. That this Resolution shall become effective immediately upon passage. C:AUsers\SwansonL\AppData\Local\Microsoft\Windows\INetCacheAContent.0utlook\VNI9SRIB\ILA with CRA for Construction and Professional Services- Reso.docx 71 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 PASSED AND ADOPTED this 7th day of November, 2023. ATTEST: Maylee De Jesus, MPA, MMC City Clerk (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA 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: Shawna G. Lamb City Attorney C:AUsers\SwansonL\AppData\Local\Microsoft\Windows\INetCacheAContent.Outlook\VNI9SRIB\ILA with CRA for Construction and Professional Services- Reso.docx 72 INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR FUNDING CONSTRUCTION/PROFESSIONAL SERVICES THIS AGREEMENT is made this day of 2023, by and between the CITY OF BOYNTON BEACH, a Florida municipal corporation (hereinafter referred to as "CITY"), and the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public body corporate and politic, duly created and operated pursuant to Chapter 163, Florida Statutes (hereinafter referred to as the "BBCRA"). WITNESSETH: WHEREAS, the CITY will be performing various construction projects located in the Community Redevelopment Area as shown in Exhibit "A" (collectively, the "Projects" and each individually a "Project"); and WHEREAS, the Projects provide improvements to the Community Redevelopment Area ("CRA Area") that are anticipated to reduce slum and blight and enhance the redevelopment potential of properties within the CRA Area; and WHEREAS, the BBCRA is providing funding for the Projects in the amounts identified in Exhibit "A"; and WHEREAS, the parties anticipate updating Exhibit "A" on at least an annual basis; and WHEREAS, the CITY and the BBCRA find that this Agreement serves a municipal and public purpose and is consistent with and in furtherance of the 2016 Boynton Beach Community Redevelopment Plan ("Plan") and the requirements of Chapter 163, Florida Statutes; NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the sufficiency of which both parties hereby acknowledge, the parties hereby agree as follows: 1 of 8 4891-6338-4455, v. 3 73 1. Incorporation. The recitations set forth above are hereby incorporated herein. 2. Funding. The BBCRA shall provide funding to the CITY for the Projects included in Exhibit "A." The amount of funding for each Project shall not exceed the amount listed for each Project included in Exhibit "A." Such payment shall be made to the CITY for physical improvements as part of the Projects, consistent with the terms of this Agreement, to be used for reimbursement of certain eligible costs. The BBCRA shall make payments to the CITY upon receipt of a complete written request from the CITY for payment, which request shall comply with all requirements of this Agreement. Funding described in Exhibit A may not be transferred between Projects without the express consent of the BBCRA. 3. Limitations on Use of Funding. Funding for the Projects included in Exhibit "A" shall be used for actual planning, design, and construction costs, as well as other costs directly related to the Projects construction, including, but not limited to, testing, inspection, and utility relocation costs (collectively, "eligible expenses"). This provision does not preclude the BBCRA from performing the referenced tasks for Projects included in Exhibit "A" if mutually agreed upon by the CITY and BBCRA. 4. Annual Update to Exhibit "A." Exhibit "A" to this Agreement may be updated at any time by the mutual consent of both parties and shall be updated at least annually in a form mutually consented to by both parties. At such time as each party adopts an identical Exhibit "A" in a duly noticed public meeting, this Agreement shall be deemed amended such that the most recently adopted Exhibit "A" replaces the prior version of the Exhibit "A" in this Agreement without further action by the parties. Except as expressly stated in this paragraph, all modifications to the Agreement shall be in accordance with Paragraph 11 -Entire Agreement. 2 of 8 4891-6338-4455, v. 3 74 5. Reimbursement Request. The CITY shall provide a complete written request for reimbursement of eligible expenses ("Reimbursement Request") to the BBCRA no later than 180 days after payment by the CITY of funds for which it is seeking reimbursement, and in no case later than 180 days after the Project achieves final completion. For purposes of this Agreement, final completion shall be deemed achieved upon issuance of a Certificate of Completion or the equivalent. The request shall include the following information: i. The amount of reimbursement requested; ii. A summary of the Project improvements for which the CITY seeks reimbursement; iii. A statement that the Project is in compliance with the Plan and Florida Statutes, that the funding will be used only for reimbursement of eligible expenses that are consistent with the BBCRA's requirements and restrictions pursuant to Florida law, and evidence supporting the statement; iv. Copies of all invoices, receipts, and any other documentation necessary to evidence the amount and purpose for each payment made by the CITY for the Project for which the CITY is seeking reimbursement. V. For any Reimbursement Request submitted after final completion, a fully executed Certificate of Completion or equivalent. a. The CRA shall remit funding in the amount requested, consistent with this Agreement, to the CITY within thirty (30) days of receipt of a complete 3 of 8 4891-6338-4455, v. 3 75 Reimbursement Request from the CITY that meets the requirements of this Agreement. b. If the CITYfails to submit a Reimbursement Request within 180 days after the Project achieves final completion, the CITY will no longer be eligible to receive any reimbursement, and this Agreement shall terminate with respect to that Project. If the CITY submits a Reimbursement Request that the BBCRA deems incomplete, the BBCRA shall notify the CITY in writing. The BBCRA may ask for additional documentation that could reasonably be used to evaluate or support the Reimbursement Request. The CITY shall have 30 days from receipt of the notice to provide the necessary documentation to complete the Reimbursement Request. If the CITY fails to provide the documentation required by the BBCRA within 30 days, the CITY shall only be eligible for the portion of the Reimbursement Request, if any, that the BBCRA deems complete and eligible. The BBCRA will not reimburse the CITY for any portion of the request the BBCRA deems ineligible for reimbursement. 6. Limitation of Responsibility. The Parties agree that the BBCRA shall only be responsible for providing reimbursement to the CITY for eligible expenses for the Project after receiving a complete Reimbursement Request that meets the requirements of this Agreement and shall not otherwise be responsible for effectuating the Project. 7. Change Orders. The CITY shall provide a written request to the BBCRA for approval of any change order that will result in a request for an increase in the funding for a Project to be provided by the BBCRA. The CITY shall submit the written request to the 4of8 4891-6338-4455, v. 3 76 BBCRA prior to the CITY's approval of the change order or execution of any work covered by the change order. Failure to obtain the BBCRA's approval of the funding for the change order shall be a basis for the BBCRA to deny additional funding to the CITY for the Project identified in the change order. The CITY and the BBCRA agree and acknowledge that the approval of a change order does not require an amendment to this Agreement so long as the total amount of funding identified is Exhibit "A" is not exceeded. 8. Term. The term of this Agreement shall commence upon execution by both parties, and this Agreement shall continue until either party delivers written notice to the other party of its intent to terminate this Agreement or 60 days after the CITY receives the final invoice from the contractor or professional for the last of the Projects included in Exhibit "A." Notwithstanding the foregoing, once the CITY has executed a contract with a contractor or professional for a particular Project, the BBCRA shall not be allowed to withdraw its funding for that particular Project for the amount identified in Exhibit "A." If the CITY terminates this Agreement, the CITY shall refund to the BBCRA any funding that was provided to the CITY but was not paid to the contractor or professional for the Project as of the date of determination. If the total funds the CITY requires to complete a particular Project, as identified in Exhibit "A," are less than the amount paid by the BBCRA to the CITY for a particular Project, the CITY shall refund to the BBCRA any and all funds provided to the CITY that exceeds the amount the CITY paid to the contractor or professional for the particular Project. 9. Reporting Requirement. Once the BBCRA provides any funding for any of the Projects identified in Exhibit "A," the CITY shall provide the BBCRA with monthly reports detailing the progress of such Projects, including, but not limited to, the contract amount, the amount of funds paid to the contractor or professional, the status of the Project, and the total of any change orders related to the Project. 5 of 8 4891-6338-4455. v. 3 77 10. Publicity. The CITY shall ensure that all publicity, public relations, advertisements, and signs related to the CITY's involvement in a Project also recognize the BBCRA for the support of all activities conducted with the funds provided by the BBCRA. The use of the BBCRA logo is permissible, but all materials using the BBCRA logo must be approved by the BBCRA Executive Director or his or her designee prior to use. Upon request by the BBCRA, CITY shall provide proof of the use of the BBCRA logo as required by this paragraph. The BBCRA may also produce and utilize publicity, public relations, advertisements, and signs to indicate its involvement with a Project. 11. Entire Agreement. No prior or present agreements or representations with regard to any subject matter contained within this Agreement shall be binding on any party unless included expressly in this Agreement. Any modification to this Agreement shall be in writing and executed by the parties. 12. Severability. The validity of any portion, article, paragraph, provision, clause, or any portion thereof of this Agreement shall have no force and effect upon the validity of any other part or portion hereof. To that end, this Agreement is declared severable. 13. No Third Party Beneficiaries. No provision of this Agreement is intended to or shall be construed to, create any third party beneficiary or to provide any rights to any person or entity not a party to this Agreement, including but not limited to any citizen or employees of the CITY or the BBCRA. 14. No Assignment. The Parties may not transfer or assign this Agreement in whole or in part without prior written consent of the other, which may be granted or withheld at such Parties' absolute discretion. 15. Indemnification. The CITY shall indemnify, save, and hold harmless the BBCRA, its agents, and its employees from any liability, claim, demand, suit, loss, cost, expense, or damage that may be asserted, claimed, or recovered against or from the BBCRA, its agents, or its employees by reason of any property damages or personal injury, including 6 of 8 4891-6338-4455, v. 3 78 death, sustained by any person whomsoever, which damage is incidental to, occurs as a result of, arises out of, or is otherwise related to the negligent or wrongful conduct of persons or the faulty equipment (including equipment installation and removal) associated with the Project. Nothing in this Agreement shall be deemed to affect the rights, privileges, and sovereign immunities of the BBCRA or the CITY as set forth in Section 768.28, Florida Statutes. This paragraph shall not be construed to require the CITY to indemnify the BBCRA for BBCRA's own negligence or intentional acts of the BBCRA, its agents, or employees. Each party assumes the risk of personal injury and property damage attributable to the acts or omissions of that party and its officers, employees, and agents. 16. Public Records. The CITY and the BBCRA each shall maintain their own records and documents associated with this Agreement in accordance with the requirements set forth in Chapter 119, Florida Statutes. All such records shall be adequate to justify all charges, expenses, and costs incurred in accordance with generally accepted accounting principles. Each Party shall have access to the other Party's books, records, and documents as required in this Agreement for the purpose of inspection or audit during normal business hours during the term of this Agreement and at least one year after the termination of the Agreement. 17. Filing. The CITY shall file this Interlocal Agreement pursuant to the requirements of Section 163.01(11) of the Florida Statutes. 18. Governing Law; Venue. This Agreement shall be governed by and in accordance with the Laws of Florida. The venue for any action arising from this Agreement shall be in Palm Beach County, Florida. 19. This Agreement shall not be valid until signed by the Mayor, the Board Chair of the BBCRA, and the City Clerk. The Effective Date shall be the date the last of the Mayor or Board Chair signs this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this agreement to 7 of 8 4891-6338-4455, v. 3 79 be executed on the day and year first above written. ATTEST: City Clerk Approved as to Form: City Attorney ATTEST: Witness I HEREBY CERTIFY THAT I HAVE APPROVED THIS AGREEMENT AS TO FORM: BBCRA Attorney CITY OF BOYNTON BEACH, FLORIDA By--------- Mayor BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, FLORIDA M Board Chair 8 of 8 4891-6338-4455, v. 3 80 EXHIBIT "A" Fiscal Year 2023-2024 Projects City Project # Project Name BBCRA Funding 1 MLK JR. BOULEVARD STREETSCAPE PROJECT (DESIGN) $250,000.00 2 JAYCEE PARK PROJECT (CONSTRUCTION) $250,000.00 3 SEACREST BOULEVARDIMPROVEMENT (DESIGN) $100,000.00 4 E. OCEAN AVENUE STREETSCAPE (DESIGN) $100,000.00 5 2023 US 1 BEAUTIFICATION PROJECT (DESIGN) $100,000.00 6 CITY PROJECT MANAGER $160,000.00 9of8 81 4891-6338-4455, v. 3 6.E Consent Agenda 11/7/2023 City of Boynton Beach Agenda Item Request Form Meeting Date: 11/ 7/2023 Proposed Resolution No. R23-162- FDLE FY23/24 Identity Theft and Fraud Grant Program. Requested Action: Authorize the Police Chief to sign all documents associated with the acceptance and grant agreement for Florida Department of Law Enforcement, Office of Criminal Justice Grants, Identity Theft and Fraud Grant Program subject to the approval of the City Attorney. Explanation of Request: The Florida Department of Law Enforcement (FDLE), Office of Criminal Justice Grants, has awarded the Police Department the Identity Theft and Fraud Grant for the 2023-2024 funding cycle in the amount of $10,000. Approval of this award will allow the funds to support our continued efforts in solving identity theft and fraud crimes victimizing the elderly in the community. A portion of the funds will go towards additional training for the detectives. How will this affect city programs or services? The agency and the community will benefit greatly from funding which will allow detectives to work additional hours on identity theft and fraud cases with an emphasis on the elderly victims. Fiscal Impact: By accepting this award, the Police Department will receive $10,000 to improve our operations and better serve the community. Attachments: R23-162 Resolution approving FDLE Identity Theft and Fraud Grant (2023-24) L6001 - City of Boynton Beach PD Award.pdf 82 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 RESOLUTION NO. R23-162 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVE AND AUTHORIZE THE POLICE CHIEF TO SIGN ALL DOCUMENTS ASSOCIATED WITH THE ACCEPTANCE AND GRANT AGREEMENT, SUBJECT TO THE APPROVAL OF THE CITY ATTORNEY, FOR FLORIDA DEPARTMENT OF LAW ENFORCEMENT, OFFICE OF CRIMINAL JUSTICE GRANTS, IDENTITY THEFT AND FRAUD GRANT PROGRAM IN THE AMOUNT OF $10,000.00; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Florida Department of Law Enforcement (FDLE), Office of Criminal Justice Grants, has awarded the Boynton Beach Police Department the Identity Theft and Fraud Grant for the 2023-24 funding cycle in the amount of $10,000.00; and WHEREAS, this award will allow the funds to support our continued efforts in solving identity theft and fraud crimes that victimize the elderly in our community, while a portion of the funds will go towards additional training for the detectives; and WHEREAS, upon recommendation of staff, the City Commission has determined that it is in the best interests of the residents of the City to approve and authorize the Police Chief to sign all documents associated with the acceptance and grant agreement, subject to the approval of the City Attorney, for Florida Department of Law Enforcement, Office of Criminal Justice Grants, Identity Theft and Fraud Grant Program in the amount of $10,000.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. S:ACA\RESO\Agreements\Grants\FDLE Identity Theft and Fraud Grant (2023-24) - Reso.docx 83 31 Section 2. The City Commission of the City of Boynton Beach, Florida, does 32 hereby approve and authorize the Police Chief to sign all documents associated with the 33 acceptance and grant agreement, subject to the approval of the City Attorney, for Florida 34 Department of Law Enforcement, Office of Criminal Justice Grants, Identity Theft and Fraud 35 Grant Program in the amount of $10,000.00, a copy of which is attached hereto as Exhibit "A." 36 Section 3. This Resolution shall become effective immediately upon passage. 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 PASSED AND ADOPTED this 7th day of November, 2023. CITY OF BOYNTON BEACH, FLORIDA Mayor — Ty Penserga Vice Mayor — Thomas Turkin Commissioner — Angela Cruz Commissioner — Woodrow L. Hay Commissioner — Aimee Kelley VOTE ATTEST: Maylee De Jesus, MPA, MMC City Clerk (Corporate Seal) YES NO Ty Penserga Mayor APPROVED AS TO FORM: Shawna G. Lamb City Attorney S:ACA\RESO\Agreements\Grants\FDLE Identity Theft and Fraud Grant (2023-24) - Reso.docx 84 Agreement for State Financial Assistance Between Florida Department of Law Enforcement and City of Boynton Beach Police Department AWARD AGREEMENT Award Number: L6001 Project Title: FY2023-2024 Identity Theft and Fraud Grant Award Period: 10/01/2023 — 06/30/2024 Awarded Funds: $10,000.00 FLAIR Vendor ID: 596000282 CSFA Catalog Number: 71.042 This agreement is entered into by and between the Department of Law Enforcement (herein referred to as "FDLE" or "Department") and City of Boynton Beach Police Department (herein referred to as "Recipient); and WHEREAS, the Department has authority pursuant to Florida law and does hereby agree to provide state financial assistance to the Recipient in accordance with the terms and conditions set forth in this agreement; and WHEREAS the Department has available funds resulting from an appropriation in Section 943.0412, Florida Statutes intended to provide the Recipient reimbursement of eligible costs resulting from allowable activities as defined in the agreement; WHEREAS the Department conducted a competitive award solicitation to award a portion of funds to the Recipient; and WHEREAS, the Recipient represents that it is fully qualified, possesses the requisite skills, knowledge, qualifications and experience to carry out the state project identified herein, and does offer to perform such services. NOW THEREFORE, in consideration of the foregoing, the parties agree as follows: This agreement is subject to the Special Conditions outlined in Appendix A and all applicable state financial assistance Standard Conditions provided in Appendix D. The State of Florida's performance and obligation to pay under this agreement is contingent upon an appropriation by the Legislature, availability of funds, and subject to any modification in accordance with Chapter 216, Florida Statutes or the Florida Constitution. FDLE will administer and disburse funds under this agreement in accordance with sections 215.97, 215.971, 215.981 and 215.985, F.S. for state financial assistance. Expenditures of state financial assistance shall be compliant with laws, rules and regulations applicable to expenditures of State funds, including, but not limited to, the Reference Guide for State Expenditures published by the Florida Department of Financial Services. All expenditures shall be allowable, reasonable, and necessary for the success of the award project. The Department's determination of acceptable expenditures shall be conclusive. 85 Award M L6001 CSFA: 71.042 Scope of Work Section 943.0412, Florida Statutes provides funding the Florida Department of Law Enforcement to support local law enforcement agencies in the investigation and enforcement of personal identification information theft and fraud. Funds under this program may only be used for the items/activities approved in Appendix C. The Recipient shall prepare and submit to FDLE a monthly "Expenditure Report for Payment" within 30 days after the end of each reporting period. In the event the Recipient is seeking reimbursement of allowable costs identified in Appendix C, the "Expenditure Report for Payment" must be accompanied by the supporting documentation outlined in the Appendix. Project Deliverables Total payments for all deliverables in Appendix B will not exceed the maximum grant award amount. Payment Requirements and Reporting This is a cost reimbursement agreement with the ability, under extenuating circumstances, to advance a portion of available award funds that must be reconciled within 45 days. Any request for a cash advance must be accompanied by a signed "Cash Advance Request" form and copies of the supporting documentation detailed in the sections above. Any advanced funds not reconciled within 45 days must be refunded to the Department prior to any further award disbursements. The Department will reimburse the Recipient for allowable expenditures (Appendix C) which are incurred during each reporting period according to the terms and conditions of this award. The Department's determination of acceptable expenditures shall be conclusive. The Recipient shall provide "Expenditure Request for Payment" reports to the Department attesting to expenditures made during the reporting period. These reports are due 30 days after the end of each reporting period. For example: If the monthly reporting period is October 1-31, the Performance Report is due November 30'" "Expenditure Request for Payment" Reports shall verify the Recipient's compliance with 691-40.002, F.A.C. Reports must clearly identify the dates costs were incurred, contains a description and quantity of the specific deliverables provided during the reporting period, and the payment amount requested. The reports must contain information regarding the status of project activities and the progress made toward implementing the public firearms safety training sessions. All submitted reports must be certified by the Recipient's chief financial official (or financial designee) and include a statement that costs claimed are incurred in accordance with the agreement. The Recipient shall submit a final "Expenditure Request for Payment" by July 31, 2024. Any payment due under the terms of this agreement may be withheld until all required reports are received, and necessary adjustments have been approved by the Department. The Recipient must maintain original supporting documentation for all funds expended and received under this agreement in sufficient detail for proper pre- and post -audit and to verify work performed was in accordance with the deliverable(s) of this agreement. All reports will be reviewed by the Department's grant manager and may be audited to the satisfaction of the Department and/or the Florida Department of Financial Services. Failure to comply with these provisions shall result in forfeiture of reimbursement and/or a refund of any advanced funding. 2of16 86 Award #: L6001 CSFA: 71.042 Administration Changes to the following points of contact and chief officials below must be submitted to FDLE Office of Criminal Justice Grants in writing. Recipient Grant Manager Name: Jaclyn Smith Title: Grants Manager Address: 2100 High Road Boynton Beach, FL 33426 Phone: 561-742-6195 Email: smithja@bbfl.usl Recipient Chief Official Name: Joseph DeGiulio Title: Chief of Police Address: 2100 High Road Boynton Beach, FL 33426 Phone: 561-742-6101 Email: DeGiulioj@bbfl.us Recipient Chief Financial Officer Name: Mara Frederiksen Title: Director of Financial Services Address: 100 East Ocean Avenue Boynton Beach, FL 33435 Phone: 561-742-6312 Email: frederiksenm@bbfl.us Florida Department of Law Enforcement (FDLE) Grant Manager Name: Patricia Stark Title: Government Analyst II Address: P.O. Box 1489 Tallahassee, FL 32302-1489 Phone: 850-617-1252 Email: patriciastark@fdle.state.fl.us 3of16 87 Award M L6001 CSFA: 71.042 Award Signatures The Recipient certifies with respect to this agreement that it possesses the legal authority to receive the funds to be provided under this agreement and that, if applicable, its governing body has authorized, by resolution or otherwise, the execution and acceptance of this agreement with all covenants and assurances contained herein. The Recipient also certifies that the undersigned possesses the authority to legally execute and bind Recipient to the terms of this agreement. In witness whereof, the parties affirm they each have read and agree to the conditions set forth in this agreement, have read and understand the agreement in its entirety and have executed this agreement by their duly authorized officers on the date, month and year set out below. Corrections on this page, including strikeovers, whiteout, etc. are not permitted. Florida Department of Law Enforcement Office of Criminal Justice Grants Signature: Typed Name and Title: Cody Menacof, Bureau Chief Date: Recipient City of Boynton Beach Police Department Signature: Typed Name and Title: Joseph DeGiulio, Chief of Police Date: THIS CONTRACT IS NOT VALID UNTIL SIGNED AND DATED BY ALL PARTIES 4of16 88 Award M L6001 CSFA: 71.042 Appendix A: Special Conditions Grant Number: L6001 Recipient: City of Boynton Beach Police Department Project Title: FY2023-2024 Identity Theft and Fraud Grant Project Period: 10/01/2023 — 06/30/2024 In addition to the attached standard conditions, the above -referenced grant project is subject to the special conditions set forth below. W0001 WITHHOLDING OF FUNDS: Prior to the drawdown of funds for overtime, the Recipient must submit their agencies overtime pay policy to the Office of Criminal Justice Grants. W0002 WITHHOLDING OF FUNDS: Prior to the drawdown of funds for other costs, the Recipient must provide a revised budget detailing the training that will be provided for the cost of registration and submit to the Office of Criminal Justice Grants. S0003 The intent of this program is to increase investigation and enforcement efforts. Community education and awareness related expenses are not allowable under this award. 5of16 89 Award #: L6001 CSFA: 71.042 Appendix B - Project Deliverables Grant Number: Recipient: Project Title: Project Period: L6001 City of Boynton Beach Police Department FY2023-2024 Identity Theft and Fraud Grant 10/01/2023 — 06/30/2024 Total payments for all deliverables will not exceed the maximum grant award amount. Recipient will use grant funds to pay overtime salaries costs for sworn Deliverable 1 officers and detectives conducting identity theft and/or fraud investigations Personnel working on the project will be paid a rate consistent with the Minimum Performance Criteria: Recipient's compensation and pay policy. Documentation includes an attestation of activities or services rendered on the expenditure report. This is a cost reimbursement deliverable. Only hours worked on eligible Financial Consequences: activities and supported by appropriate documentation will be reimbursed. Deliverable Price: Total payments for this deliverable will be approximately $8,000.00. Deliverable 2 Recipient will use grant funds to pay registration expenses for sworn officers and deputies to attend identity theft and/or fraud related training. Performance will be the procurement and receipt of goods/services Minimum Performance Criteria: purchased. Documentation includes an attestation of items purchased on the expenditure report. Financial Consequences: This is a cost reimbursement deliverable. Only allowable costs incurred and supported by appropriate documentation will be reimbursed. Deliverable Price: Total payments for this deliverable will be approximately $2,000.00. 6of16 90 Appendix C - Budget Details Grant Number: L6001 Recipient: City of Boynton Beach Police Department Project Title: FY2023-2024 Identity Theft and Fraud Grant Project Period: 10/01/2023 — 06/30/2024 Budget Category A. Personnel (Salary/Overtime) B. Fringe Benefits C. Travel D. Equipment (OCO) E. Supplies F. Construction G. Consultants/Contracts H. Other Costs TOTAL Standard Budget Terms Total $8,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $2,000.00 $10,000.00 Award M L6001 CSFA: 71.042 All items, quantities, and/or prices below are estimates based on the information available at the time of application. All items purchased with these funds must be allowable in accordance with the approved budget, reasonably priced based on current market review, and necessary for the operations and success of the program. The item(s) below may include additional individually priced, operationally necessary accessories, components, and/or peripherals and may be categorized as a "kit", "bundle", "system", etc. Award funds may be used to pay for applicable shipping, freight, and/or installation costs. The Department's determination of acceptable expenditures requested for reimbursement shall be conclusive. A. Personnel (Salaries & Overtime) _ $8,000.00 The Recipient will use funds to support overtime costs for (2) Detectives working identity theft and fraud cases at an average rate of $80 per hour. No benefits will be charged to this award. The Recipient shall provide timesheets, paystubs, and overtime detail reports (if applicable) with each payment request. 7of16 91 Award #: L6001 CSFA: 71.042 H. Other Costs = $2,000.00 The Recipient will use funds to reimburse costs for approximately (4) identity theft and fraud training registrations at an estimated rate of $500.00 each. The Recipient shall provide invoices, proof of payment, and training agendas with each payment request. 8of16 92 Award #: L6001 CSFA: 71.042 Appendix D - Fiscal Year 2023-2024 State Financial Assistance Standard Conditions The following terms and conditions will be binding upon approval of the grant award and execution of the contract by both the Recipient and the Florida Department of Law Enforcement. The Recipient will maintain required registrations and certifications for eligibility under this program. The Department and the Recipient agree that they do not contemplate the development, transfer or receipt of intellectual property as a part of this agreement. SECTION I: PROJECT IMPLEMENTATION Legal Authority: The Recipient certifies with respect to this agreement that it possesses the legal authority to receive the funds to be provided under this agreement and that, if applicable, its governing body has authorized, by resolution or otherwise, the execution and acceptance of this agreement with all covenants and assurances contained herein. The Recipient also certifies that the undersigned possesses the authority to legally execute and bind Recipient to the terms of this agreement. Not Operational within 60 and 90 Days: If a project is not operational within 60 days of the original start date of the award period, the Recipient must report by letter to the Department the steps taken to initiate the project, the reasons for delay, and the expected start date. If a project is not operational within 90 days of the original start date of the award period, the Recipient must submit a second statement to the Department explaining the implementation delay. Upon receipt of the 90 -day letter, the Department shall determine if the reason for delay is justified or shall, at its discretion, require additional project documentation and justifications throughout the award period. The Department will also require the Recipient provide a revised project timeline that includes all anticipated project activities, tasks, and estimated completion date(s). SECTION II: PAYMENTS Obligation to Pay: The State of Florida's obligation to pay under this agreement is contingent upon an appropriation by the Legislature. Overpayments: Any funds paid in excess of the amount to which the Recipient is entitled under the terms and conditions of the agreement must be refunded to the Department. Any balance of unobligated cash that has been paid and has not been authorized to be retained for direct program costs in a subsequent period must be refunded to the Department. Advance Funding: Advance funding may be provided to a subrecipient upon completion and submission of a Cash Advance Request form to the Department. The request must be signed by the Chief Financial Officer or the Chief Financial Officer designee. Advance funding should be requested only when the Subrecipient has an imminent and specific need to expend project funds. Cash advances must be spent on project costs within 30 days of receipt. Should extenuating circumstances arise which prevent the expenditure of advance funds within 30 days of receipt, a written request to retain the funds must be provided by the recipient and approved by the Department. An expenditure claim for advance funding must be submitted to the Department within 45 days of advance funding receipt. SECTION III: PROJECT AND GRANT MANAGEMENT Personnel Changes: The recipient must notify the FDLE grant manager of any change in the Chief Officials or Project Director or any change in contact information, including mailing address, phone number, email, or title change. Obligation of Grant Funds: Grant funds shall not under any circumstances be obligated prior to the effective date, or subsequent to the termination date, of the period of performance. Only project costs incurred on or after the effective date, and on or prior to the termination date of the Recipient's project are 9of16 93 Award #: L6001 CSFA: 71.042 eligible for reimbursement. All payments must be completed within thirty (30) days of the end of the grant period of performance. Financial Management: The Recipient must have a financial management system able to record and report on the receipt, obligation, and expenditure of grant funds. An adequate accounting system must be able to separately track receipts, expenditures, assets, and liabilities for awards, programs, and subrecipients. The Recipient shall maintain books, records, and documents (including electronic storage media) in accordance with generally accepted accounting procedures and practices. Recipient must have written procedures for procurement transactions. Travel: Cost for travel shall be reimbursed at the Recipient's travel rate, but the maximum reimbursement for each type of travel cost shall not exceed rates established in State of Florida Travel Guidelines, §112.061, F. S. Subcontracts: Recipient agrees that all employees, subcontractors, or agents performing work under the agreement shall be properly trained individuals who meet or exceed any specified training qualifications. Recipient agrees to be responsible for all work performance and all expenses incurred in fulfilling the obligations of this agreement, and will not assign the responsibility for this agreement to another party. If the Recipient subcontracts any or all of the work required under this agreement, the Recipient must provide a completed DFS -A2 -NS (Recipient-Subrecipient vs. Vendor Determination) form and a copy of the executed subcontract within thirty (30) days after execution of the subcontract. The Recipient agrees to include in the subcontract that (i) the subcontractor is bound by all applicable state and federal laws and regulations, and (ii) the subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this agreement, to the extent allowed and required by law. Grant Adjustments: Recipients must submit a Request for Grant Adjustment to the FDLE grant manager for substantive changes such as: scope modifications, changes to project activities, target populations, service providers, implementation schedules, project director, designs or research plans set forth in the approved agreement, and for any budget changes affecting a cost category that was not included in the original budget. Recipients may transfer up to 10% of the total budget between current, approved budget categories without prior approval, as long as the funds are transferred to an existing line item. Adjustments are required when there will be a transfer of 10% or more of the total budget between budget categories. Under no circumstances can transfers of funds increase the total award. Requests for changes to the grant agreement must be signed by the Recipient or Implementing Agency's chief official or the chief official's designee. All requests for changes must be submitted no later than thirty (30) days prior to grant expiration date. Property Management: The Recipient shall establish and administer a system to protect, preserve, use, maintain, and dispose of any property furnished to it by the Department or purchased pursuant to this agreement. SECTION IV: MANDATORY DISCLOSURES Conflict of Interest: The Recipient will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. Recipients must disclose in writing any potential conflict of interest to the Department. Violations of Criminal Law: The Recipient must disclose all violations of state or federal criminal law involving fraud, bribery or gratuity violations potentially affecting the grant award. Convicted Vendors: The Recipient shall disclose to the Department if it, or any of its affiliates, as defined in §287.133(1)(a) F.S., is on the convicted vendor list. A person or affiliate placed on the convicted vendor list following a conviction for a public entity crime is prohibited from doing any activities listed in the agreement for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. 10 of 16 94 Award #: L6001 CSFA: 71.042 Vendors on Scrutinized Companies Lists: If this agreement is in the amount of $1 million or more, Recipient certifies upon executing this agreement, that it is not listed on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to §215.473, F.S., or engaged in business operations in Cuba or Syria. In the event that federal law ceases to authorize the states to adopt and enforce the contracting prohibition identified herein, this provision shall be null and void. Discriminatory Vendors: The Recipient shall disclose to the Department if it or any of its affiliates, as defined by §287.134(1)(a), F.S. appears on the discriminatory vendors list. An entity or affiliate placed on the discriminatory vendor list pursuant to §287.134, F.S. may not a) submit a bid, proposal, or reply on a contract or agreement to provide any goods or services to a public entity; b) submit a bid, proposal, or reply on a contract or agreement with a public entity for the construction or repair of a public building or public work; c) submit bids, proposals, or replies on leases of real property to a public entity; d) be awarded or perform work as a contractor, subcontractor, Recipient, supplier, subrecipient, or consultant under a contract or agreement with any public entity; or e) transact business with any public entity. Reporting Potential Fraud, Waste, Abuse, and Similar Misconduct: The Recipient must promptly refer to the Department of Law Enforcement, Office of Criminal Justice Grants any credible evidence that a principal, employee, agent, contractor, subcontractor, or other person has either 1) submitted a claim for grant funds that violates the False Claims Act; or 2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving grant funds. Non -Disclosure Agreements: Restrictions and certifications regarding non- disclosure agreements and related matters Recipients or contracts/subcontracts under this award may not require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits, restricts or purports to prohibit or restrict, the reporting of waste, fraud or abuse in accordance with law, to an investigative or law enforcement representative of a state or federal department or agency authorized to receive such information. The Recipient certifies that if informed or notified of any subrecipient, or contractor/subcontractor has been requiring their employees to execute agreements or statements that prohibit the reporting of fraud, waste, or abuse that it will immediately cease all further obligations of award funds to the entity and will immediately notify the Department. The Recipient will not resume obligations until expressively authorized to do so from the Department. SECTION V: COMPLIANCE WITH STATUTES, RULES, AND REGULATIONS In performing its obligations under this agreement, the Recipient shall without exception be aware of and comply with all State and Federal laws, rules and regulations relating to its performance under this agreement as they may be enacted or amended from time -to -time, as well as any court or administrative order, judgment, settlement or compliance agreement involving the Department which by its nature affects the services provided under this agreement. The following are examples of rules and regulations that govern Recipient's performance under this agreement. Lobbying Prohibited: The Recipient shall comply with the provisions of 11.062 and 216.347, F.S., which prohibit the expenditure of funds for the purpose of lobbying the Legislature, judicial branch, or a State agency. No funds or other resources received from the Department in connection with this agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. State of Florida E.O. 20-44: Public -Private Partnerships: Any entity named in statute with which the agency must form a sole -source, public-private agreement; and any nongovernmental Recipient receiving 50% or more of their annual budget from any combination of state or federal funding must submit an annual report to the Office of Criminal Justice Grants. The report must include the most recent IRS Form 990, detailing the total compensation for the entities' executive leadership teams. Total compensation shall include salary, bonuses, cashed -in leave, cash equivalents, severance pay, retirement benefits, deferred compensation, real -property gifts, and any other payout. In addition, the Recipient must agree through appropriate contract or grant agreement amendment to inform the agency of any changes in total executive 11 of 16 95 Award M L6001 CSFA: 71.042 compensation between the annual reports. All compensation reports must indicate what percent of compensation comes directly from the State or Federal allocations to the Recipient. Civil Rights: The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101- 336, 42 U.S.C. Section 12101 et seq.) and shall not discriminate against any employee (or applicant for employment) in the performance of this agreement because of race, color, religion, sex, national origin, disability, age, or marital status. These requirements shall apply to all contractors, subcontractors, subgrantees or others with whom it arranges to provide services or benefits to clients or employees in connection with its programs and activities. E -Verify: The Department shall consider the employment by any contractor of unauthorized aliens a violation of section 274(e) of the Immigration and Nationalization Act. Such violation shall be cause for unilateral cancellation of this contract. Pursuant to F.S. 448.095, the Contracting Party and any subcontractors are required to register with and use the E -Verify system operated by the U.S. Department of Homeland Security beginning on January 1, 2021. The Contracting Party and any subcontractors are prohibited from entering into contracts with one another unless all parties register and use the E -Verify system. Subcontractors who enter into contracts with the Contracting Party are required to provide a certification that the subcontractor does not employ or use unauthorized aliens as defined in the statute, a copy of which the Contracting Party must maintain. The Contracting Party and any subcontractors are required to terminate a contract if a party has a good faith belief that another party is in violation of F.S. 448.09(1), prohibiting the employment of unauthorized aliens. If a public employer has a good faith belief that the subcontractor has violated these requirements, but that the Contracting Party has otherwise complied, the public employer must notify the Contracting Party to terminate its contract with the subcontractor. A party may challenge a contract termination in accordance with these requirements. A penalized Contractor is prohibited from obtaining another contract with a public employer for at least one year. Background Check: Whenever a background screening for employment or a background security check is required by law for employment, unless otherwise provided by law, the provisions of Chapter 435 F.S., shall apply. All employees in positions designated by law as positions of trust or responsibility shall be required to undergo security background investigations as a condition of employment and continued employment. For the purposes of the subsection, security background investigations shall include, but not be limited to, employment history checks, fingerprinting for all purposes and checks in this subsection, statewide criminal and juvenile record checks through the Florida Department of Law Enforcement, and federal criminal record checks through the Federal Bureau of Investigation, and may include local criminal record checks through local law enforcement agencies. Public Records: As required by 287.058(1)(c), F.S., the Recipient shall allow public access to all documents, papers, letters, or other public records as defined in 119.011(12), F.S.as prescribed by 119.07(1) F.S., made or received by the Recipient in conjunction with this agreement, except public records which are made confidential by law must be protected from disclosure. It is expressly understood that the Recipient's failure to comply with this provision shall constitute an immediate breach of contract, for which the Department may unilaterally terminate this agreement. Independent Contractor, Subcontracting and Assignments: In performing its obligations under this agreement, the Recipient shall at all times be acting in the capacity of an independent contractor and not as an officer, employee, or agent of the State of Florida. Neither the Recipient nor any of its agents, employees, subcontractors or assignees shall represent to others that it is an agent of or has the authority to bind the Department by virtue of this agreement, unless specifically authorized in writing to do so. Timely Payment of Subcontractors: To the extent that a subcontract provides for payment after Recipient's receipt of payment from the Department, the Recipient shall make payments to any subcontractor within 7 working days after receipt of full or partial payments from the Department in accordance with §287.0585, F.S., unless otherwise stated in the agreement between the Recipient and subcontractor. Failure to pay within seven (7) working days will result in a penalty that shall be charged against the Recipient and paid by the Recipient to the subcontractor in the amount of one-half of one percent 12 of 16 96 Award #: L6001 CSFA: 71.042 (.005) of the amount due per day from the expiration of the period allowed for payment. Such penalty shall be in addition to actual payments owed and shall not exceed fifteen (15%) percent of the outstanding balance due. Notice of Legal Actions: The Recipient shall notify the Department of potential or actual legal actions taken against the Recipient related to services provided through this agreement or that may impact the Recipient's ability to complete the deliverables outlined herein, or that may adversely impact the Department. The Department's Grant Manager will be notified within 10 days of Recipient becoming aware of such actions or potential actions or from the day of the legal filing, whichever comes first. Property: In accordance with 287.05805, F.S., any State funds provided for the purchase of or improvements to real property are contingent upon the Recipient granting to the State a security interest in the property at least to the amount of the State funds provided for at least five (5) years from the date of purchase or the completion of the improvements or as further required by law. SECTION VI: RECORDS, AUDITS, AND INFORMATION SECURITY Records Retention: Retention of all financial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertinent to this agreement shall be maintained by the Recipient during the term of this agreement and retained for a period of five (5) years after completion of the agreement or longer when required by law. In the event an audit is required under this agreement, records shall be retained for a minimum period of five years after the audit report is issued or until resolution of any audit findings or litigation based on the terms of this agreement, at no additional cost to the Department. Upon demand, at no additional cost to the Department, the Recipient will facilitate the duplication and transfer of any records or documents during the term of this agreement and the required five (5) year retention period. No record may be withheld, nor may the Recipient attempt to limit the scope of any of the foregoing inspections, reviews, copying, transfers or audits based on any claim that any record is exempt from public inspection or is confidential, proprietary or trade secret in nature; provided, however, that this provision does not limit any exemption to public inspection or copying to any such record. These records shall be made available at all reasonable times for inspection, review, copying, or audit by State, or other personnel duly authorized by the Department. Records Inspection: Pursuant to Section 216.1366, F.S., in order to preserve the interest of the state in the prudent expenditure of state funds, the Department shall be authorized to inspect the (a) Financial records , papers, and documents of the Contractor that are directly related to the performance of the Contract or the expenditure of state funds, and (b) Programmatic records, papers, and documents of the Contractor which the Department determines are necessary to monitor the performance of the Contract or to ensure that the terms of the Contract are being met. The Contractor shall provide such records, papers, and documents requested by the Department within ten (10) business days after the request is made. Monitoring: The Recipient agrees to comply with the Department's grant monitoring guidelines, protocols, and procedures; and to cooperate with the Department on all grant monitoring requests, including requests related to desk reviews, enhanced programmatic desk reviews, site visits, and/or Florida Department of Financial Services contract reviews and Expanded Audits of Payment (EAP). The Recipient agrees to provide the Department all documentation necessary to complete monitoring of the award and verify expenditures in accordance with 215.971, F.S. Further, the Recipient agrees to abide by reasonable deadlines set by the Department for providing requested documents. Failure to cooperate with grant monitoring activities may result in sanctions affecting the Recipient's award, including, but not limited to: withholding and/or other restrictions on the Recipient's access to funds, and/or referral to the Office of the Inspector General for audit review. Florida Single Audit Act (FSAA): The Recipient shall comply and cooperate immediately with any inspections, reviews, investigations, or audits deemed necessary by The Office of the Inspector General (§20.055, F.S.). In the event that the Recipient expends a total amount of state financial assistance equal to or in excess of $750,000 in any fiscal year, the Recipient must have a single audit or project -specific audit in accordance with §215.97, F.S. and the applicable rules of the Department of Financial Services 13 of 16 97 Award #: L6001 CSFA: 71.042 and the Auditor General. In determining the state financial assistance expended in its fiscal year, the Recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of Law Enforcement, other state agencies, and other non -state entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a non -state entity for Federal program matching requirements. The schedule of expenditures should disclose the expenditures by contract/agreement number for each contract with the Department in effect during the audit period. All questioned costs and liabilities due the Department shall be fully disclosed in the audit report package with reference to the specific contract number. If the Recipient expends less than $750,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of 215.97, F.S., is not required. In the event that the Recipient expends less than $750,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of 215.97, F.S., the cost of the audit must be paid from the non -state entity's resources (i.e., the cost of such an audit must be paid from the Recipient's resources obtained from other than State entities). Pursuant to 215.97(8), F.S., state agencies may conduct or arrange for audits of state financial assistance that are in addition to audits conducted in accordance with §215.97, F.S. In such an event, the state awarding agency must arrange for funding the full cost of such additional audits. Any reports, management letters, or other information required to be submitted to the Department pursuant to this agreement shall be submitted within nine (9) months after the end of the Recipient's fiscal year or within 30 days of the Recipient's receipt of the audit report, whichever occurs first, unless otherwise required by Florida Statutes. Copies of financial reporting packages required by of this agreement shall be submitted by or on behalf of the Recipient directly to each of the following: The Department of Law Enforcement: Florida Department of Law Enforcement Office of Criminal Justice Grants ATTN: State Financial Assistance Post Office Box 1489 Tallahassee, Florida 32302-1489 The Auditor General's Office at: Auditor General's Office, Room 401 Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 Criminal Justice Information Data Security: Acceptance of this award, constitutes understanding that transmission of Criminal Justice Information (CJI) between locations must be encrypted to conform to the Federal Bureau of Investigation (FBI) Criminal Justice Information Services (CJIS) Security Policy. Recipient's Confidential and Exempt Information: By executing this agreement, the Recipient acknowledges that any information not marked as "confidential" or "exempt" will be posted by the Department on the public website maintained by the Department of Financial Services pursuant to 215.985, F.S. The Recipient agrees that, upon written request of the Department, it shall promptly provide to the Department a written statement of the basis for the exemption applicable to each provision identified by the Recipient as "confidential" or "exempt", including the statutory citation to an exemption created or afforded by statute, and state with particularity the reasons for the conclusion that the provision is exempt or confidential. Any claim by Recipient of trade secret (proprietary) confidentiality for any information contained in Recipient's documents (reports, deliverables or work papers, etc., in paper or electronic form) submitted to the Department in connection with this agreement cannot be waived, unless the claimed confidential information is submitted in accordance with the following two paragraphs. The Recipient must clearly label any portion of the documents, data, or records submitted that it considers exempt from public inspection or disclosure pursuant to Florida's Public Records Law as trade secret. The labeling will include a justification citing specific statutes and facts that authorize exemption of the information from public disclosure. If different exemptions are claimed to be 14 of 16 98 Award #: L6001 CSFA: 71.042 applicable to different portions of the protected information, the Recipient shall include information correlating the nature of the claims to the particular protected information. The Department, when required to comply with a public records request including documents submitted by the Recipient, may require the Recipient to expeditiously submit redacted copies of documents marked as trade secret in accordance with this section. Accompanying the submission shall be an updated version of the justification, correlated specifically to redacted information, either confirming that the statutory and factual basis originally asserted remain unchanged or indicating any changes affecting the basis for the asserted exemption from public inspection or disclosure. The redacted copy must exclude or obliterate only those exact portions that are claimed to be trade secret. If the Recipient fails to promptly submit a redacted copy, the Department is authorized to produce the records sought without any redaction of proprietary or trade secret information. SECTION VII: PENALTIES, TERMINATION, DISPUTE RESOLUTION, AND LIABILITY Financial Penalties for Failure to Take Corrective Action: Corrective action plans may be required for noncompliance, nonperformance, or unacceptable performance under this agreement. Penalties may be imposed for failures to implement or to make acceptable progress on such corrective action plans. Termination: The Department reserves the right to unilaterally cancel this agreement for refusal by the Recipient to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Recipient in conjunction with this agreement, unless the records are exempt pursuant to Article I. Section 24(a), of the Florida Constitution and §119.07(1), F.S. The Department shall be the final authority as to the appropriation, availability and adequacy of funds. In the event the Recipient fails to fully comply with the terms and conditions of this agreement, the Department may terminate the agreement upon written notice. Such notice may be issued without providing an opportunity for cure if it specifies the nature of the noncompliance and states that provision for cure would adversely affect the interests of the State or is not permitted by law or regulation. Otherwise, notice of termination will be issued after the Recipient's failure to fully cure such noncompliance within the time specified in a written notice of noncompliance issued by the Department specifying the nature of the noncompliance and the actions required to cure such noncompliance. In addition, the Department may employ the default provisions in Rule 60A-1.006(3), F.A.C., but is not required to do so in order to terminate the agreement. The Department's failure to demand performance of any provision of this agreement shall not be deemed a waiver of such performance. The Department's waiver of any one breach of any provision of this agreement shall not be deemed to be a waiver of any other breach and neither event shall be construed to be a modification of the terms and conditions of this agreement. The provisions herein do not limit the Department's right to remedies at law or in equity. The validity of this agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Recipient in this agreement, in any subsequent submission or response to Department request, or in any submission or response to fulfill the requirements of this agreement, and such information, representations, and materials are incorporated by reference. The lack of accuracy thereof or any material changes shall, at the option of the Department and with thirty (30) days written notice to the Recipient, cause the termination of this agreement and the release of the Department from all its obligations to the Recipient. This agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this agreement shall lie in Leon County. If any provision hereof is in conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed null and void to the extent of such conflict, and shall be deemed severable, but shall not invalidate any other provision of this agreement. No waiver by the Department of any right or remedy granted hereunder or failure to insist on strict performance by the Recipient shall affect or extend or act as a waiver of any other right or remedy of the Department hereunder, or affect the subsequent exercise of the same right or remedy by the Department for any further or subsequent default by the Recipient. Any power of approval or disapproval granted to the Department under the terms of this agreement shall survive the terms and life of this agreement as a whole. The agreement may be executed in any number of counterparts, any one of which may be taken as an original. I n the event of termination, the Recipient will be compensated for any work satisfactorily completed through the date of termination or an earlier date of suspension of work. 15 of 16 99 Award M L6001 CSFA: 71.042 Disputes and Appeals: The Department shall make its decision in writing when responding to any disputes, disagreements, or questions of fact arising under this agreement and shall distribute its response to all concerned parties. The Recipient shall proceed diligently with the performance of this agreement according to the Department's decision. If the Recipient appeals the Department's decision, the appeal also shall be made in writing within twenty-one (21) calendar days to the Department's clerk (agency clerk). The Recipient's right to appeal the Department's decision is contained in Chapter 120, F.S., and in procedures set forth in Fla. Admin. Code R.28-106.104. Failure to appeal within this time frame constitutes a waiver of proceedings under Chapter 120, F.S. After receipt of a petition for alternative dispute resolution the Department and the Recipient shall attempt to amicably resolve the dispute through negotiations. Timely delivery of a petition for alternative dispute resolution and completion of the negotiation process shall be a condition precedent to any legal action by the Recipient concerning this agreement. Liability: Unless the Recipient is a state agency or subdivision, the Recipient shall be solely responsible to parties with whom it shall deal in carrying out the terms of this agreement, and shall save the Department harmless against all claims of whatever nature by third parties arising out of the performance of work under this agreement. For purposes of this agreement, Recipient agrees that it is not an employee or agent of the Department, but is an independent contractor. Nothing herein shall be construed as consent by a state agency of the State of Florida to be sued by third parties in any matter arising out of any contract. Nothing shall be construed affect in any way the Recipient rights, privileges, and immunities under the doctrine of "sovereign immunity"and as set forth in 768.28, F.S. 16 of 16 100 6.F Consent Agenda 11/7/2023 Proposed Resolution No. R23-163- Acceptance of the Florida Department of Transportation (FDOT) Speed and Aggressive Driving Grant. Requested Action: Authorize the City Manager and Police Chief to sign all documents associated with the grant agreement to accept the Florida Department of Transportation (FDOT) Speed and Aggressive Driving grant subject to the approval of the City Attorney. Explanation of Request: The Florida Department of Transportation (FDOT) State Safety Office has selected the City of Boynton Beach to receive $42,000 in sub -grant funding for the 2023-2024 funding cycle under the speed & aggressive driving priority area. The funding is allocated for traffic enforcement overtime and a speed measurement trailer. Approval of this award will allow the Boynton Beach Police Department (BBPD) to conduct enforcement operations in high frequency crash fatality locations. The BBPD was awarded this grant in previous years. 2022/2023 - $40,000 2021/2022 - $50,000 2020/2021 - $30,000 How will this affect city programs or services? This funding will allow for further enforcement and education to reduce traffic crashes, fatalities and injuries related to speed and aggressive driving. BBPD will review crash data to determine high frequency locations and conduct enforcement operations. The BBPD will also conduct education initiatives to raise awareness in regard to traffic safety, speed and aggressive driving. Traffic crash data will be reviewed and a special emphasis will be made to raise traffic safety awareness by targeting an area to solicit traffic safety information and guidance. Fiscal Impact: No fiscal impact, grant funded. Attachments: R23-163 FDOT _Speed_and_Agressive_Driving_Grant_2023-24_-_Reso.pdf S&A FDOTSubgrantAgreement-2024.pdf 101 1 RESOLUTION NO. R23-163 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING AND AUTHORIZING THE CITY MANAGER AND 5 POLICE CHIEF TO SIGN ALL DOCUMENTS, SUBJECT TO THE 6 APPROVAL OF THE CITY ATTORNEY, ASSOCIATED WITH THE 7 GRANT AGREEMENT TO ACCEPT THE FLORIDA 8 DEPARTMENT OF TRANSPORTATION (FDOT) SPEED AND 9 AGGRESSIVE DRIVING GRANT IN THE AMOUNT OF 10 $42,000.00; AND PROVIDING AN EFFECTIVE DATE. 11 12 13 WHEREAS, the Florida Department of Transportation (FDOT) State Safety Office has 14 selected the City of Boynton Beach to receive $42,000.00 in sub -grant funding for the 2023-24 15 funding cycle under the speed and aggressive driving priority area; and 16 WHEREAS, the funding is allocated for traffic enforcement overtime and a speed 17 measurement trailer; and 18 WHEREAS, upon recommendation of staff, the City Commission has determined that 19 it is in the best interests of the residents of the City to approve and authorize the City Manager 20 and Police Chief to sign all documents, subject to the approval of the City Attorney, associated 21 with the grant agreement to accept the Florida Department of Transportation (FDOT) Speed 22 and Aggressive Driving grant in the amount of $42,000.00. 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 24 BOYNTON BEACH, FLORIDA, THAT: 25 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 26 being true and correct and are hereby made a specific part of this Resolution upon adoption 27 hereof. 28 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby S:\CA\RESO\Agreements\Grants\FDOT Speed and Agressive Driving Grant (2023-24) - Reso.docx 102 29 approve and authorize the City Manager and Police Chief to sign all documents, subject to the 30 approval of the City Attorney, associated with the grant agreement to accept the Florida 31 Department of Transportation (FDOT) Speed and Aggressive Driving grant in the amount of 32 $42,000.00, a copy of which is attached hereto as Exhibit "A". 33 Section 3. This Resolution shall become effective immediately upon passage. 34 PASSED AND ADOPTED this 7th day of November, 2023. 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 ATTEST: 53 54 55 Maylee De Jesus, MPA, MMC 56 City Clerk 57 58 59 (Corporate Seal) 60 61 62 63 64 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: Shawna G. Lamb City Attorney S:\CA\RESO\Agreements\Grants\FDOT Speed and Agressive Driving Grant (2023-24) - Reso.docx 103 Project Title: Boynton Beach Speeding and Aggressive Driving Enforcement Project Number: SC -2024-00224 FDOT Contract Number: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) SUBGRANT FOR HIGHWAY TRAFFIC SAFETY FUNDS 500-065-01 SAFETY 09/23 For FD0T Use Only FDOT Contract Number: Project Number: SC -2024-00224 Federal Funds Awarded: $42,000 FDOT UEI/SAM Number: RFKGNHR7ZH37 Subgrant Award (Start) Date: Subgrant End Date: 09/30/2024 Part I: GENERAL ADMINISTRATIVE INFORMATION 1. Project Title: Boynton Beach Speeding and Aggressive Driving Enforcement 2. Federal Funding: $42,000 Match: $ Total Cost: $42,000 3. Subrecipient Agency: 4. Implementing Agency: Agency Name: City of Boynton Beach Agency Name: Boynton Beach Police Department Address: 100 east Ocean Avenue Address: 2100 High Ridge Road City: Boynton Beach City: Boynton Beach State: Florida State: Florida Zip: 33435 Zip: 33426 5. Federal ID Number or 29 Digit FLAIR Account Number (State Agencies): 59-6000028 6. UEI/SAM Number: FYYMUAVJDKC6 7. Chief Financial Officer: 8. Project Director: (Can not receive any benefit under this subgrant) Name: Mara Frederiksen Name: Jaclyn Smith Address: 100 east Ocean Avenue Address: 2100 High Ridge Road City: Boynton Beach City: Boynton Beach State: Florida State: Florida Zip: 33435 Zip: 33426 Telephone: (561) 742-6312 Telephone: (561) 742-6195 E-mail: frederiksenm@bbfl.us E-mail: smithja@bbfl.us 9. Financial Reimbursement Contact: 10. Project Activity Contact: Name: Jaclyn Smith Name: Jaclyn Smith Title: Grants Manager Title: Grants Manager Telephone: (561) 742-6195 Telephone: (561) 742-6195 E -Mail: smithja@bbfl.us E -Mail: smithja@bbfl.us 11. Payment Remittance Address: Name: City of Boynton Beach Address: PO Box 310 City: Boynton Beach State: Florida Zip: 33425 SUB -2024- Boynton Bea -00224 Page 1 of 29 Amendment Number: Original 104 Project Title: Boynton Beach Speeding and Aggressive Driving Enforcement Project Number: SC -2024-00224 FDOT Contract Number: Part II: PROJECT PLAN AND SUPPORTING DATA State clearly and in detail the aims of the project, precisely what will be done, who will be involved, and what is expected to result. Use the following major headings: 1. Statement of the Problem 2. Proposed Solution 3. Project Objectives 4. Evaluation 1. Statement of the Problem: 500-065-01 SAFETY 09/23 The City of Boynton Beach is located along the Atlantic Coast in the southern part of Palm Beach County. The city has approximately 80,000 year-round residents. During the winter months, there is a sharp increase in part- time residents and tourists. The city is approximately 16 square miles and lies between West Palm Beach, 10 miles to the north, and the City of Miami, which is approximately 50 miles to the south. The City of Boynton Beach has nine major roadways, including Boynton Beach Boulevard- State Road (SR) 804, which is the main roadway that has an exit and entrance to Interstate 95 and Florida's Turnpike. According to the Florida Department of Transportation (FDOT) Fiscal Year (FY) 2024 Highway Safety Matrix (HSM) - Ranking of Florida Cities, speed and aggressive driving category, Boynton Beach is ranked number 29 out of 37 cities for serious injuries and fatalities related to speed and aggressive driving (Group I: Population of 75,000 and Above). The HSM rankings are based on the total actual serious injuries and fatalities statewide from 2017-2021. Although our enforcement efforts have helped, it is clear that continued education and enforcement of the state's speed and aggressive driving laws are necessary to reduce the incidences of serious injuries and fatalities on the city's roadways. 2. Proposed Solution: The Boynton Beach Police Department believes that the success of any traffic safety program is not solely hinged on either component of enforcement, education, or engineering. This program aims to reduce traffic crashes, fatalities, and serious injuries that are speed and/or aggressive driving -related by the implementation of the following components using countermeasures taken from the National Highway Traffic Safety Administration (NHTSA)'s "Countermeasures That Work": 2.1 Automated Enforcement — These systems will be used as a component of a broader traffic safety and speed management program supported by a demonstrated need through problem identification. These systems will support traditional enforcement efforts, or be deployed in locations where enforcement may be unsafe or impractical for officers to make traffic stops. 2.1 High — Visibility Enforcement — This enforcement is used to deter speeding and aggressive driving through specific and general deterrence. In the HVE model, law enforcement targets certain high -crash or high -violation geographical areas using either expanded regular patrols or designated aggressive driving patrols. The objective is to convince the public that speeding and aggressive driving actions are likely to be detected and that action will be taken against the offenders. 4.1 Communications and Outreach Supporting Enforcement - Effective, high -visibility communications and outreach are essential parts of successful speed and aggressive -driving enforcement programs. Communications and outreach programs urging drivers to behave courteously or not to speed are unlikely to have any effect unless they are tied to vigorous enforcement. The Boynton Beach Police Department will review crash data weekly to determine high -frequency crashes, serious injuries, and fatality locations throughout our jurisdiction. We will develop schedules for traffic personnel to conduct high -visibility overtime enforcement operations at the determined locations. The Project Director will be responsible for ensuring that the data is reviewed each week to review for any possible changes in the list. Our agency will commit to locating 10 total target areas for this program. In addition, the Project Director will be responsible for distributing this top 10 list to all traffic personnel so that they can concentrate on these specific areas, which will increase law enforcement presence. The speed trailer purchased with subgrant funds will be utilized on the city roadways that are determined through data to have a high volume of speeding vehicles and crash history. SUB -2024- Boynton Bea -00224 Page 2 of 29 Amendment Number: Original 105 Project Title: Boynton Beach Speeding and Aggressive Driving Enforcement Project Number: SC -2024-00224 FDOT Contract Number: 500-065-01 SAFETY 09/23 The Boynton Beach Police Department will also conduct education initiatives in local high schools, senior centers, businesses, civic organizations, and public forums to raise awareness of speed -related issues. The Boynton Beach Police Department will determine through a review of our traffic crash data which population groups are involved in a majority of the traffic crashes that occur within our jurisdiction. A special emphasis will be made to raise traffic safety awareness with this population group by targeting an area to solicit traffic safety and guidance. To facilitate the delivery of this traffic message, the Boynton Beach Police Department will partner with local resources such as the Community Traffic Safety Team, Law Enforcement Liaison Program, neighboring law enforcement agencies, and local media outlets. The Boynton Beach Police Department will also participate in any statewide public awareness and enforcement campaigns sponsored by the Florida Department of Transportation Safety Office. 3. Project Objectives: a. Start enforcement activities within 60 days of subgrant award, unless otherwise approved by the FDOT State Safety Office. b. Strive to decrease speed and/or aggressive driving crashes and fatalities citywide by 5% when compared to the 10/01 to 06/30 time period from the previous year. c. Conduct at least 1 speed and/or aggressive driving high visibility overtime enforcement operation during the project period. d. Participate in the state Southern Slow Down campaign through speed and/or aggressive driving overtime enforcement operations and educational/community activities. e. Conduct and/or participate in 3 educational/community outreach events to increase speed and/or aggressive driving awareness during the project period. f. Provide speed and/or aggressive driving information and education to the public through the use of message boards/local media outlets/social media/press releases at least 3 times during the project period. 4. Evaluation: a. Enforcement activity start date. b. Speed and/or aggressive driving crashes and fatalities are reduced by 5% citywide, compared to the 10/01 to 06/30 time period from the previous year. c. The number of speed and/or aggressive driving high visibility overtime enforcement operations conducted during the project period. d. The number of speed and/or aggressive driving overtime enforcement operations conducted, and education/community activities conducted/participated in during the Southern Slow Down campaign. e. The number of educational/community outreach events conducted or participated in to increase speed and/or aggressive driving awareness during the project period. f. The number of instances that speed and/or aggressive driving information and education is provided to the public through the use of message boards/local media outlets/social media/press releases during the project period. SUB -2024- Boynton Bea -00224 Page 3 of 29 Amendment Number: Original 106 Project Title: Boynton Beach Speeding and Aggressive Driving Enforcement 500-065-01 Project Number: SC -2024-00224 SAFETY FDOT Contract Number: 09/23 Part III: PROJECT DETAIL BUDGET Project Title: Boynton Beach Speeding and Aggressive Driving Enforcement Project Number: SC -2024-00224 FDOT Contract Number: Each budget category subtotal and individual line item costs listed below cannot be exceeded. The FDOT State Safety Office may approve shifts between budget categories and line items via an amendment. BUDGET CATEGORY NARRATIVE FEDERAL FUNDS MATCH TOTAL COST INDIRECT ELIGIBLE A. Personnel Services Overtime Salary Only Overtime Salary for law enforcement officers �to conduct overtime enforcement. $30,000 $ $30,000 No Subtotal: $30,000 $ $30,000 B. Contractual Services Subtotal: $ $ $ C. Expenses Subtotal: $ $ $ D. Equipment Costing $5000 or More Speed Measurement Trailer Purchase of Speed Measurement Trailer for program implementation. $12,000 $ $12,000 No Subtotal: $12,000 $ $12,000 E. Indirect Cost Subtotal: $ $ Total Cost of Project: $42,000 $ $42,000 SUB -2024- Boynton Bea -00224 Page 4 of 29 Amendment Number: Original 107 Project Title: Boynton Beach Speeding and Aggressive Driving Enforcement 500-065-01 Project Number: SC -2024-00224 SAFETY FDOT Contract Number: 09/23 Part IV: PERFORMANCE REPORT Project Title: Boynton Beach Speeding and Aggressive Driving Enforcement Project Number: SC -2024-00224 FDOT Contract Number: Minimum Performance Standards The following are the minimum performance standards required in this subgrant agreement. The status of these standards will be reported using FDOT form number 500-065-19 Performance Report and shall be included with each request for reimbursement. 1. Submit request(s) for financial reimbursement. 2. Provide performance report(s). 3. Collect and analyze crash data to determine focus areas for targeted speed and aggressive driving enforcement. 4. Conduct speed and aggressive driving high visibility enforcement operations. 5. Conduct outreach/educational activities for speed and aggressive driving. National Highway Traffic Safety Administration (NHTSA) Required Activity Reporting The following statistics are required reporting for any traffic safety enforcement grant. (enforcement grants only) 1. Number of seat belt citations issued during subgrant-funded enforcement activities. 2. Number of impaired driving arrests made during subgrant-funded enforcement activities. 3. Number of speeding citations issued during subgrant-funded enforcement activities. SUB -2024- Boynton Bea -00224 Page 5 of 29 Amendment Number: Original 108 Project Title: Boynton Beach Speeding and Aggressive Driving Enforcement 500-065-01 Project Number: SC -2024-00224 SAFETY FDOT Contract Number: 09/23 Part V: Acceptance and Agreement Conditions of Subgrant Agreement. Upon approval of this subgrant agreement for highway safety funds, the following terms and conditions shall become binding. The term "Subrecipient" referred to herein, will reference both the Subrecipient and its Implementing Agency. This agreement is line item specific and an amendment to the subgrant agreement is required for any reallocation of funds provided under this subgrant agreement. FEDERAL REGULATIONS 1. Access to Public Records and Monitoring. The Florida Department of Transportation (FDOT), National Highway Traffic Safety Administration (NHTSA), Federal Highway Administration (FHWA), Chief Financial Officer (CFO), and Auditor General (AG) of the State of Florida, or any of their duly authorized representatives, shall have access for the purpose of audit and examination of books, documents, papers, and records of the Subrecipient and to relevant books and records of the Subrecipient which are not protected from disclosure by State or Federal law, and its consultants and contractors under this subgrant agreement, as provided under applicable State or Federal law. In addition to review of audits conducted in accordance with 2 CFR Part 200, herein incorporated by reference, monitoring procedures will include on-site visits by Department staff, limited scope audits as defined by 2 CFR Part 200, and status checks of subgrant activity via telephone calls from FDOT State Safety Office staff to Subrecipients. By entering into this subgrant agreement, Subrecipients agree to comply and cooperate with monitoring procedures. In the event that a limited scope audit of the Subrecipient is performed, the Subrecipient agrees to bring the project into compliance with this subgrant agreement. The Subrecipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the CFO or AG to the extent allowed by State or Federal law. 2. Audit. The administration of resources awarded through the Department to the Subrecipient by this subgrant agreement may be subject to audits and/or monitoring by the Department. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of Federal awards or limit the authority of any State agency inspector general, the State of Florida Auditor General or any other State official. With the exception of documents protected by State law, the Subrecipient shall comply with all audit and audit reporting requirements as specified below. (a) In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F — Audit Requirements, monitoring procedures may include but not be limited to on-site visits by Department staff and/or other procedures including reviewing any required performance and financial reports, following up, ensuring corrective action, and issuing management decisions on weaknesses found through audits when those findings pertain to Federal awards provided through the Department by this subgrant agreement. By entering into this subgrant agreement, the Subrecipient agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. The Subrecipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Department, State of Florida Chief Financial Officer (CFO) or State of Florida Auditor General. (b) The Subrecipient, a non -Federal entity as defined by 2 CFR Part 200, Subpart F — Audit Requirements, as a subrecipient of a Federal award awarded by the Department through this subgrant agreement is subject to the following requirements: i. In the event the Subrecipient expends a total amount of Federal awards equal to or in excess of the threshold established by 2 CFR Part 200, Subpart F — Audit Requirements, the Subrecipient must have a Federal single or program -specific audit for such fiscal year conducted in accordance with the provisions of 2 CFR Part 200, Subpart F — Audit Requirements. Part VI to this subgrant agreement provides the required Federal award identification information needed by the Subrecipient to further comply with the requirements of 2 CFR Part 200, Subpart F — Audit Requirements. In determining Federal awards expended in a fiscal year, the Subrecipient must consider all sources of Federal awards based on when the activity related to the Federal award occurs, including the Federal award provided through the Department by this subgrant agreement. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by 2 CFR Part 200, Subpart F — Audit Requirements. An audit conducted by the State of Florida Auditor General in accordance with the provisions of 2 CFR Part 200, Subpart F — Audit Requirements, will meet the requirements of this part. ii. In connection with the audit requirements, the Subrecipient shall fulfill the requirements relative to the auditee responsibilities as provided in 2 CFR Part 200, Subpart F — Audit Requirements. SUB -2024- Boynton Bea -00224 Page 6 of 29 Amendment Number: Original 109 Project Title: Boynton Beach Speeding and Aggressive Driving Enforcement Project Number: SC -2024-00224 FDOT Contract Number: 500-065-01 SAFETY 09/23 iii. In the event the Subrecipient expends less than the threshold established by 2 CFR Part 200, Subpart F — Audit Requirements, in Federal awards, the Subrecipient is exempt from Federal audit requirements for that fiscal year. However, the Subrecipient must provide a single audit exemption statement to the Department at 11:::1)011 SinglleAua.tit@dot.state„fl„us no later than nine months after the end of the Subrecipient's audit period for each applicable audit year. In the event the Subrecipient expends less than the threshold established by 2 CFR Part 200, Subpart F — Audit Requirements, in Federal awards in a fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F — Audit Requirements, the cost of the audit must be paid from non -Federal resources (i.e., the cost of such an audit must be paid from the Subrecipient's resources obtained from other than Federal entities). iv. Copies of reporting packages for audits conducted in accordance with 2 CFR Part 200, Subpart F — Audit Requirements, and required by this section, shall be submitted, when required by 2 CFR §200.512, by or on behalf of the Subrecipient directly to the Federal Audit Clearinghouse (FAC) as provided in 2 CFR §200.332 and §200.512. The FAC's website provides a data entry system and required forms for submitting the single audit reporting package. Updates to the location of the FAC and data entry system may be found at the OMB website. The FAC is the repository of record for audits required by 2 CFR Part 200, Subpart F — Audit Requirements, and this Agreement. However, the Department requires a copy of the audit reporting package also be submitted to FDOTSingleAudit@dot.state.fl.us within the earlier of 30 calendar days after receipt of the auditor's report(s) or nine months after the end of the audit period as required by 2 CFR Part 200, Subpart F — Audit Requirements. v. Within six months of acceptance of the audit report by the FAC, the Department will review the Subrecipient's audit reporting package, including corrective action plans and management letters, to the extent necessary to determine whether timely and appropriate action on all deficiencies has been taken pertaining to the Federal award provided through the Department by this subgrant agreement. If the Subrecipient fails to have an audit conducted in accordance with 2 CFR Part 200, Subpart F — Audit Requirements, the Department may impose additional conditions to remedy noncompliance. If the Department determines that noncompliance cannot be remedied by imposing additional conditions, the Department may take appropriate actions to enforce compliance, which actions may include but not be limited to the following: 1. Temporarily withhold cash payments pending correction of the deficiency by the Subrecipient or more severe enforcement action by the Department 2. Disallow (deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance 3. Wholly or partly suspend or terminate the Federal award 4. Initiate suspension or debarment proceedings as authorized under 2 CFR Part 180 and Federal awarding agency regulations (or in the case of the Department, recommend such a proceeding be initiated by the Federal awarding agency) 5. Withhold further Federal awards for the Project or program 6. Take other remedies that may be legally available vi. As a condition of receiving this Federal award, the Subrecipient shall permit the Department, or its designee, the CFO or State of Florida Auditor General access to the Subrecipient's records including financial statements, the independent auditor's working papers and project records as necessary. Records related to unresolved audit findings, appeals or litigation shall be retained until the action is complete or the dispute is resolved. vii. Copies of financial reporting packages required by this section shall be submitted by or on behalf of the Subrecipient directly to each of the following: Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0450 FDOTSingleAud it@dot.state.fl. us The Auditor General's Office at the following address: SUB -2024- Boynton Bea -00224 Page 7 of 29 Amendment Number: Original 110 Project Title: Boynton Beach Speeding and Aggressive Driving Enforcement 500-065-01 Project Number: SC -2024-00224 SAFETY FDOT Contract Number: 09/23 Auditor General Local Government Audits/342 Claude Pepper Building, Room 401 111 West Madison Street Tallahassee, Florida 32399-1450 The Auditor General's website (https://flauditor.gov/) provides instructions for filing an electronic copy of a financial reporting package. viii. Any reports or other information required to be submitted to the Department pursuant to this Agreement shall be submitted timely in accordance with 2 CFR §200.512, section 215.97, Florida Statutes, and Chapters 10.550 (local government entities) and 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. ix. The Subrecipient, when submitting financial reporting packages to the Department for audits done in accordance with 2 CFR Part 200, Subpart F — Audit Requirements, or Chapters 10.550 (local government entities) and 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Subrecipient in correspondence accompanying the reporting package. (c) The Subrecipient shall retain sufficient records demonstrating its compliance with the terms of the award and this Agreement for a period of five years from the date the audit report is issued and shall allow the Department, or its designee, the CFO or State of Florida Auditor General access to such records upon request. The Subrecipient shall ensure that the audit working papers are made available to the Department, or its designee, the CFO, or State of Florida Auditor General upon request for a period of five years from the date the audit report is issued unless extended in writing by the Department. The Subrecipient shall further permit access to all Project records by the Secretary and Inspector General of the United States Department of Transportation and the Comptroller General of the United States, or their designees. (d) The Subrecipient shall permit, and shall require its contractors to permit, the Department's and NHTSA's authorized representatives to access the Project site; inspect all work, materials, payrolls, and records; and to audit the books, records and accounts pertaining to the financing and development of the Project. 3. Offsets. If, after subgrant completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this Agreement, the Department may offset the amount claimed from payments due for work or services under any other agreement it has with the Subrecipient if, upon demand, payment of the claimed amount is not made within 60 days to the Department. Offsetting any amount pursuant to this paragraph shall not be considered a breach of contract by the Department. 4. Buy America Act. The Subrecipient agrees to comply and require consultants and contractors to comply with all applicable standards, orders, and regulations issued pursuant to the Buy America Act, Buy America Act Waiver (Docket No. NHTSA-2015-0065) and NHTSA Guidance Buy American Act Procedure for Highway Safety Grant Programs (revised 11-20-2015) herein incorporated by reference. The Subrecipient shall include the following Buy America provisions in all subcontract awards: The Buy America Act prohibits the use of Federal highway safety grant funds to purchase any manufactured product or software/information technology systems whose unit purchase price is $5,000 or more, including motor vehicles, that is not produced in the United States. NHTSA may waive those requirements if (1) their application would be inconsistent with the public interest; (2) such materials and products are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or (3) the inclusion of domestic material will increase the cost of the overall project contract by more than 25 percent. Each manufactured end product must comply with the provisions of the Buy America Act. Additionally, any manufactured add-on to an end product is, itself, an end product that must comply with the Act. To be reimbursed with Federal highway safety grant funds for a purchase, a State must comply with the requirements of the Buy America Act. Non-compliance will result in denial of reimbursement. 5. Clean Air Act and Federal Water Pollution Control Act. Subgrant agreements for amounts in excess of $150,000 must comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). The Subrecipient shall include this provision in all subcontract awards in excess of $150,000. SUB -2024- Boynton Bea -00224 Page 8 of 29 Amendment Number: Original 111 Project Title: Boynton Beach Speeding and Aggressive Driving Enforcement Project Number: SC -2024-00224 FDOT Contract Number: 500-065-01 SAFETY 09/23 6. Code of Conduct. The Subrecipient has established, will maintain, and enforce a written code or standard of conduct applicable to its officers, employees, board members or agents, and those individuals' relatives, that prohibits their involvement in the selection, award, or administration of any contract in connection with the Project if they have a present or potential financial or other significant interest therein and prohibits the acceptance of any gratuity, favor, or other thing of monetary value from any person interested or involved in the performance of work on the Project. (a) The Subrecipient agrees to the following disclosures: i. The Subrecipient shall disclose any conflict of interest identified as soon as reasonably possible, making an immediate and full disclosure in writing to NHTSA. The disclosure shall include a description of the action which the subrecipient has taken or proposes to take to avoid or mitigate such conflict. ii. NHTSA will review the disclosure and may require additional relevant information from the subrecipient. If a conflict of interest is found to exist, NHTSA may (a) terminate the award, or (b) determine that it is otherwise in the best interest of NHTSA to continue the award and include appropriate provisions to mitigate or avoid such conflict. iii. Conflicts of interests that require disclosure must include all past, present, or currently planned organizational, financial, contractual, or other interest(s) with an organization regulated by NHTSA or with an organization whose interests may be substantially affected by NHTSA activities, and which are related to this award. The interest(s) that require disclosure include those of any subrecipient, affiliate, proposed consultant, proposed subcontractor, and key personnel of any of the above. Past interest shall be limited to within one year of the date of the award. Key personnel shall include any person owning more than 20 percent interest in a subrecipient, and the officers, employees or agents of a subrecipient who are responsible for making decision or taking an action under an award where the decision or action can have an economic or other impact on the interests of a regulated or affected organization. 7. Conferences and Inspection of Work. Conferences may be held at the request of any party to this subgrant agreement. Representatives of the Department or the U.S. Department of Transportation (USDOT), or both, shall be privileged to visit the site for the purpose of inspection and assessment of work being performed at any time. 8. Contract Work Hours and Safety Standards Act. Where applicable, all subcontracts under this subgrant agreement in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 9. Debarment and Suspension. No subcontract issued under this subgrant agreement, will be made to parties listed on the governmentwide Excluded Parties List System in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR Part 1986 Comp., p. 189) and 12689 (3 CFR Part 1989 Comp., p. 235), "Debarment and Suspension." The Excluded Parties List System in SAM contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. 10. Disadvantaged Business Enterprises (DBE). (a) The Subrecipient agrees to the following assurance: The Subrecipient shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any USDOT-assisted contract or in the administration of its DBE program required by 49 CFR, Part 26, herein incorporated by reference. The Subrecipient shall take all necessary and reasonable steps under 49 CFR, Part 26 to ensure nondiscrimination in the award and administration of USDOT- assisted contracts. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this subgrant agreement. Upon notification to the Subrecipient of its failure to carry out its approved program, the USDOT may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.), herein incorporated by reference. SUB -2024- Boynton Bea -00224 Page 9 of 29 Amendment Number: Original 112 Project Title: Boynton Beach Speeding and Aggressive Driving Enforcement Project Number: SC -2024-00224 FDOT Contract Number: 500-065-01 SAFETY 09/23 (b) The Subrecipient agrees to include the following assurance in each contract with a consultant or contractor and to require the consultant or contractor to include this assurance in all subcontract agreements: The consultant or contractor and subconsultant or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The consultant or contractor shall carry out applicable requirements of 49 CFR, Part 26 in the award and administration of USDOT-assisted contracts. Failure by the consultant or contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as the Subrecipient or the Department deems appropriate. 11. Methods of procurement. Subrecipients must follow the procurement standards in 2 CFR 200 sections 200.318 through 200.327. 12. Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms. (a) The Subrecipient must take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used when possible. (b) Affirmative steps must include: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; (5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and (6) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (b)(1) through (5) of this section. 13. Domestic Preference for Procurements. As appropriate and to the extent consistent with law, the Subrecipient should, to the greatest extent practicable under this Subgrant, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subcontracts including all purchase orders for work or products under this subgrant. For purposes of this section: (1) "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) "Manufactured products" means items and construction materials composed in whole or in part of non- ferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. 14. Equal Employment Opportunity. No person shall, on the grounds of race, color, religion, sex, handicap, or national origin, be excluded from participation in, be refused the benefits of, or be otherwise subjected to discrimination under this Agreement, or any project, program, or activity that receives or benefits from this Agreement. The Subrecipient agrees to comply with Executive Order (E.O.) 11246, as amended by E.O. 11375, and as supplemented by 41 CFR, Part 60, herein incorporated by reference. The Equal Opportunity Clause contained in 41 CFR section 60-1.4 is included in this Agreement by reference. SUB -2024- Boynton Bea -00224 Page 10 of 29 Amendment Number: Original 113 Project Title: Boynton Beach Speeding and Aggressive Driving Enforcement Project Number: SC -2024-00224 FDOT Contract Number: 500-065-01 SAFETY 09/23 In connection with the carrying out of the Project, the Subrecipient shall not discriminate against any employee or applicant for employment because of race, age, creed, color, sex or national origin and will comply with all Federal statutes and implementing regulations relating to nondiscrimination. The Subrecipient will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, age, creed, color, sex, or national origin. Such action shall include, but not be limited to, the following: Employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Subrecipient shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the development or operation of the Project, except contracts for standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the Project involves installation, construction, demolition, removal, site improvement, or similar work, the Subrecipient shall post, in conspicuous places available to employees and applicants for employment for Project work, notices. 15. No Federal Obligation. This agreement is financed by federal funds. However, payments to the subrecipient will be made by the Department. The United States is not a party to this Agreement and no reference in this Agreement, to the United States, USDOT, NHTSA, or any representatives of the federal government makes the United States a party to this Agreement. 16. Nondiscrimination. Subrecipients will comply with all Federal statutes and implementing regulations relating to nondiscrimination ("Federal Nondiscrimination Authorities"). These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin), 49 CFR part 21, and 28 CFR 50.3 (b) The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects) (c) Federal -Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex) (d) Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27 (e) The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age) (f) The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal aid recipients, Subrecipient's and contractors, whether such programs or activities are Federally -funded or not) (g) Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38 (h) Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low - Income Populations (prevents discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations) (i) Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (guards against Title VI national origin discrimination/discrimination because of limited English proficiency (LEP) by ensuring that funding recipients take reasonable steps to ensure that LEP persons have meaningful access to programs (70 FR 74087-74100) (j) Executive Order 13985, Advancing Racial Equity and Support for Underserved Communities through the Federal Government by ensuring that equity is advanced across the Federal Government (k) Executive Order 13988, Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation by ensuring that sex discrimination includes discrimination on the grounds of gender identity or sexual orientation (1) Nondiscrimination Clause. During the performance of this subgrant, the Subrecipient agrees: (a) To comply with all Federal nondiscrimination laws and regulations, as may be amended from time to time SUB -2024- Boynton Bea -00224 Page 11 of 29 Amendment Number: Original 114 Project Title: Boynton Beach Speeding and Aggressive Driving Enforcement Project Number: SC -2024-00224 FDOT Contract Number: 500-065-01 SAFETY 09/23 (b) Not to participate directly or indirectly in the discrimination prohibited by any Federal non-discrimination law or regulation, as set forth in Appendix B of 49 CFR Part 21 and herein (c) To permit access to its books, records, accounts, other sources of information, and its facilities as required by the FDOT State Safety Office, USDOT or NHTSA (d) That, in event a Subrecipient fails to comply with any nondiscrimination provisions in this subgrant, the FDOT State Safety Office will have the right to impose such subgrant sanctions as it or NHTSA determine are appropriate, including but not limited to withholding payments to the Subrecipient under the contract/agreement until the Subrecipient complies; and/or cancelling, terminating, or suspending a contract or funding agreement, in whole or in part. (e) To insert this clause, including paragraphs (a) through (e), in every subcontract and sub -agreement and in every solicitation for a subcontract or sub -agreement, which receives Federal funds under this program 17. Ownership of Data and Creative Material. The ownership of material, discoveries, inventions and results developed, produced, or discovered by this subgrant agreement are governed by the terms of 2 CFR, Section 200.315, Intangible Property, herein incorporated by reference. The Subrecipient may copyright any work that is subject to copyright and was developed, or for which ownership was acquired, under this Subgrant. The Federal and State awarding agency reserves a royalty -free, nonexclusive and irrevocable right to reproduce, publish, or otherwise use the work for Federal and State purposes, and to authorize others to do so. The Federal Government has the right to: (1) Obtain, reproduce, publish, or otherwise use the data produced under a Federal award; and (2) Authorize others to receive, reproduce, publish, or otherwise use such data for Federal and State purposes. 18. Political Activity. The Subrecipient will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 19. Prohibition on certain telecommunications and video surveillance services or equipment. Subrecipients are prohibited from obligating or expending loan or subgrant funds to: (1) Procure or obtain; (2) Extend or renew a contract to procure or obtain; or (3) Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). 20. Property Accountability. The Subrecipient shall establish and administer a system to control, protect, preserve, use, and maintain and dispose of any property furnished by the Department, or purchased pursuant to this subgrant agreement in accordance with Federal Property Management Standards as set forth in 49 CFR, Section 18.32, 49 CFR 19, Section 19.34, or 2 CFR, 200.310-200.316, herein incorporated by reference. This obligation continues as long as the property is retained by the Subrecipient notwithstanding the ending of this subgrant agreement. 21. Restrictions on Lobbying. The Subrecipient agrees to comply and require consultants and contractors to comply with 49 CFR, Part 20, New Restrictions on Lobbying, herein incorporated by reference, for filing of certification and disclosure forms. (a) Certification Regarding Federal Lobbying. The Subrecipient certifies, to the best of his or her knowledge and belief, that: i. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. SUB -2024- Boynton Bea -00224 Page 12 of 29 Amendment Number: Original 115 Project Title: Boynton Beach Speeding and Aggressive Driving Enforcement 500-065-01 Project Number: SC -2024-00224 SAFETY FDOT Contract Number: 09/23 ii. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. iii. The Subrecipient shall require that the language of this certification be included in the award documents for all sub -award at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative agreements) and that all Subrecipients shall certify and disclose accordingly. iv. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 31 U.S.0 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. (b) Restriction on State Lobbying. None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., "grassroots") lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal. 22. Termination and Suspension. (a) Generally. If: (i) the Subrecipient abandons or, before the end of the federal fiscal year for which financial assistance for the Project is provided under this Agreement, finally discontinues the Project; (ii) the Subrecipient fails to comply with applicable law or the terms of this Agreement; or (iii) for any other reason, the commencement, prosecution, or timely completion of the Project by the Subrecipient is rendered improbable, infeasible, impossible, or illegal, the Department may, by written notice to the Subrecipient, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected, or the Department may terminate any or all of its obligations under this Agreement. Termination of this Agreement shall be governed by the provisions of 2 CFR Part 200.340-343. (b) Actions Upon Termination or Suspension. Upon receipt of any final termination or suspension notice from the Department, the Subrecipient shall proceed promptly to carry out the actions required in such notice, which may include any or all of the following: (1) necessary action to terminate or suspend, as the case may be, Project activities and contracts and such other action as may be required or desirable to keep to the minimum the costs upon the basis of which the financing is to be computed; (2) furnish a statement of the Project activities and contracts, and other undertakings the cost of which are otherwise includable as Project costs; and, (3) remit to the Department such portion of the financing and any advance payment previously received as is determined by the Department to be due under the provisions of the Agreement. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and budget as approved by the Department or upon the basis of terms and conditions imposed by the Department upon the failure of the Subrecipient to furnish the schedule, plan, and budget within a reasonable time. The approval of a remittance by the Subrecipient shall not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement. (c) Termination for Convenience. In accordance with Appendix II to 2 CFR Part 200—Contract Provisions for Non -Federal Entity Contracts Under Federal Awards, either Party may terminate this Agreement for convenience upon thirty (30) days' advance written notice to the other Party. Termination of this Agreement, as such, will not affect payment for services satisfactorily furnished prior to the termination. 23. Human Trafficking. The Subrecipient shall include a provision in each contract it enters into with a private entity in connection with the Project by which the Subrecipient's contractor agrees that it and its employees that perform any work on the Project shall not, during the term of this Agreement, engage in trafficking in persons, procure a commercial sex act, or use forced labor in the performance of work on the Project. 24. Unauthorized Aliens. The Department shall consider the employment by the Subrecipient of unauthorized aliens a violation of Section 274A of the Immigration and Nationality Act. If the Subrecipient knowingly employs unauthorized aliens, such violation will be cause for unilateral cancellation of this Agreement. SUB -2024- Boynton Bea -00224 Page 13 of 29 Amendment Number: Original 116 Project Title: Boynton Beach Speeding and Aggressive Driving Enforcement Project Number: SC -2024-00224 FDOT Contract Number: 500-065-01 SAFETY 09/23 25. Title VII - Civil Rights Act of 1964. Execution of this Agreement constitutes a certification that the Subrecipient will comply with all the requirements imposed by Title VI I of the Civil Rights Act of 1964 (42 U.S.C. 1981, et seq.), which among other things, prohibits discrimination in employment on the basis of race, color, national origin, creed, sex, and age. 26. Americans with Disabilities Act of 1990 (ADA). Execution of this Agreement constitutes a certification that the Subrecipient will comply with all the requirements imposed by the ADA (42 U.S.C. 12101, et seq.), the regulations of the federal government issued thereunder, and the assurance by the Subrecipient pursuant thereto. 27. Integrity Certification. By signing this Subgrant Agreement, the Subrecipient certifies that neither it nor its contractors are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in this Agreement by any federal department or agency. This certification is a material representation of fact upon which the Department is relying in entering this Agreement. If it is later determined that the Subrecipient knowingly rendered an erroneous certification, in addition to other remedies available to the federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. The Subrecipient shall provide to the Department immediate written notice if at any time the Subrecipient learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 28. Federal Encouragements. (a) Vehicle Pursuits. Pursuant to 23 U.S.C. 4020), all law enforcement agencies are encouraged to follow the guidelines established for vehicular pursuits issued by the International Association of Chiefs of Police that are currently in effect. (b) Policy on Banning Text Messaging While Driving. In accordance with Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving, and DOT Order 3902.10, Text Messaging While Driving, subrecipients are encouraged to: i. Adopt and enforce workplace safety policies to decrease crashes caused by distracted driving, including policies to ban text messaging while driving company-owned or rented vehicles, Government-owned, leased or rented vehicles, or privately -owned vehicles when on official business or when performing any work on behalf of the subrecipient agency and/or the Government. ii. Conduct workplace safety initiatives in a manner commensurate with the size of the business, such as establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving, and education, awareness, and other outreach to employees about the safety risks associated with texting and driving. iii. Insert the substance of this section, including this sentence, in all sub-agreement/subcontracts funded with the subaward provided under this Agreement that are $15,000 or more. 29. Reversion of Unexpended Subgrant Funds. All funds granted by the Department under this Agreement that have not been expended during the term of this Agreement shall revert to the Department. STATE REGULATIONS 30. Compliance with State Procurement of Personal Property and Services Laws. The Subrecipient agrees to comply with all applicable provisions of Chapter 287, Florida Statutes (F.S.). The following provisions are stated in this subgrant agreement pursuant to sections 287.133(2)(a) and 287.134(2)(a), F.S. (a) Section 287.133 (2)(a), F.S. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in section 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. (b) Section 287.134 (2)(a), F.S. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. SUB -2024- Boynton Bea -00224 Page 14 of 29 Amendment Number: Original 117 Project Title: Boynton Beach Speeding and Aggressive Driving Enforcement 500-065-01 Project Number: SC -2024-00224 SAFETY FDOT Contract Number: 09/23 (c) The convicted vendor list and discriminatory vendor list can be found on the Florida Department of Management Services (DMS) website. 31. Compliance with State Public Records Laws. The Subrecipient agrees to comply with all provisions provided in Chapter 119 F.S. If the Subrecipient receives a public records request concerning its work undertaken pursuant to this Department subgrant agreement, the Subrecipient must take appropriate action as required by Chapter 119, F.S. If the Subrecipient is unable to ascertain how best to comply with its obligations, it should seek the advice of counsel and/or FDOT State Safety Office. The Department shall unilaterally cancel this subgrant agreement if the Subrecipient refuses to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, F.S., and made or received by the Subrecipient in conjunction with this subgrant agreement. 32. Cooperation with Inspector General. It is the duty of every Subrecipient to cooperate with the inspector general in any investigation, audit, inspection, review, or hearing pursuant to this subgrant agreement. Section 20.055(5), F.S. The Subrecipient agrees to comply with Section 20.055(5), F.S., and to incorporate in all subcontracts the obligation to comply with Section 20.055(5), F.S. 33. E -Verify. Subrecipients: (a) Shall utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the Vendor/Contractor during the term of the contract; and (b) Shall expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. 34. Indemnification and Insurance. (a) Indemnification. To the extent permitted by law and as limited by and pursuant to the provisions of Section 768.28, Florida Statutes, the Subrecipient shall indemnify and hold harmless the Department, including the Department's officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the Subrecipient and persons employed or utilized by the Subrecipient in the performance of this Agreement. This indemnification shall survive the termination of this Agreement. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the State of Florida and the Subrecipient's sovereign immunity. (b) Subrecipient Contracts. Subrecipient agrees to include the following indemnification clause in all contracts with contractors, subcontractors, consultants, or subconsultants who perform work in connection with this Agreement (modified to appropriately identify the parties): "To the fullest extent permitted by law, the Subrecipient's contractor/consultant shall indemnify and hold harmless the Subrecipient and the State of Florida, Department of Transportation, including the Department's officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the contractor/consultant and persons employed or utilized by the contractor/consultant in the performance of this Agreement. This indemnification shall survive the termination of this Agreement. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the State of Florida and the Subrecipient's sovereign immunity." (c) Workers' Compensation. The Subrecipient shall provide Workers' Compensation Insurance in accordance with Florida's Workers' Compensation law for all employees. If contracting for any of the work, the Subrecipient shall ensure that its contractors have Workers' Compensation Insurance for their employees in accordance with Florida's Workers' Compensation law. If using "leased employees" or employees obtained through professional employer organizations ("PEO's"), the Subrecipient shall ensure that such employees are covered by Workers' Compensation insurance through the PEO's or other leasing entities. Ensure that any equipment rental agreements that include operators or other personnel who are employees of independent contractors, sole proprietorships or partners are covered by insurance required under Florida's Workers' Compensation law. 35. Reimbursement Obligation. The State of Florida's performance and obligation to reimburse the Subrecipient shall be subject to the availability of Federal highway safety funds and an annual appropriation by the Legislature. SUB -2024- Boynton Bea -00224 Page 15 of 29 Amendment Number: Original 118 Project Title: Boynton Beach Speeding and Aggressive Driving Enforcement Project Number: SC -2024-00224 FDOT Contract Number: 500-065-01 SAFETY 09/23 36. Responsibility for Claims and Liability. Subject to the limitations of Section 768.28, F.S., the Subrecipient shall be required to defend, hold harmless and indemnify the Department, NHTSA, FHWA, and USDOT, from all claims and liability, or both, due to negligence, recklessness, or intentional wrongful misconduct of Subrecipient, and its contractor, consultant, agents and employees. The Subrecipient shall be liable for any loss of, or damage to, any material purchased or developed under this subgrant agreement which is caused by the Subrecipient's failure to exercise such care in regard to said material as a reasonable careful owner of similar materials would exercise. The parties executing this subgrant agreement specifically agree that no provision in this subgrant agreement is intended to create in the public or any member thereof, a third -party beneficiary, or to authorize anyone not a party to this subgrant agreement to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this subgrant agreement. 37. Restrictions on Lobbying. No funds subgranted hereunder shall be used for the purpose of lobbying the legislature, judicial branch, or state agencies, per Section 216.347, F.S. 38. Retention of Records. The Subrecipient shall retain sufficient records demonstrating its compliance with the terms of this subgrant agreement for a period of five years from the date the audit report is issued, and shall allow the Department, or its designee, the state CFO, or AG access to such records, which are not protected by State law, upon request. The Subrecipient shall ensure that the independent audit working papers are made available to the Department, or its designee, the state CFO, or AG upon request for a period of at least five years from the date the audit report is issued, unless extended in writing by the Department. 39. Tangible Property. Property purchased under this subcontract does not qualify as Tangible Personal Property as defined by Chapter 273, F.S. MISCELLANEOUS PROVISIONS 40. Prohibited Interests. The Subrecipient shall not enter into a contract or arrangement in connection with the Project or any property included or planned to be included in the Project, with any officer, director or employee of the Subrecipient, or any business entity of which the officer, director or employee or the officer's, director's or employee's spouse or child is an officer, partner, director, or proprietor or in which such officer, director or employee or the officer's, director's or employee's spouse or child, or any combination of them, has a material interest. i. "Material Interest" means direct or indirect ownership of more than 5% of the total assets or capital stock of any business entity. ii. The Subrecipient shall not enter into any contract or arrangement in connection with the Project or any property included or planned to be included in the Project, with any person or entity who was represented before the Subrecipient by any person who at any time during the immediately preceding two (2) years was an officer, director or employee of the Subrecipient. iii. The provisions of this subsection shall not be applicable to any agreement between the Subrecipient and its fiscal depositories, any agreement for utility services the rates for which are fixed or controlled by the government, or any agreement between the Subrecipient and an agency of state government. 41. Interest of Members of, or Delegates to, Congress or Legislature. No member or delegate to the Congress of the United States, or the State of Florida legislature, shall be admitted to any share or part of the Agreement or any benefit arising therefrom. 42. Department Not Obligated to Third Parties. The Department shall not be obligated or liable under this Agreement to any party other than the Subrecipient. It is specifically agreed between the Parties executing this Agreement that it is not intended by any of the provisions of any part of this Agreement to create in the public or any member thereof, a third -party beneficiary under this Agreement, or to authorize anyone not a party to this Agreement to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this Agreement. 43. Relationship of Panties. The Subrecipient, its employees, contractors, subcontractors, consultants, and subconsultants are not agents of the Department as a result of this Agreement. 44. When Rights and Remedies Not Waived. In no event shall the making by the Department of any payment to the Subrecipient constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist, on the part of the Subrecipient, and the making of such payment by the Department while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. 45. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. SUB -2024- Boynton Bea -00224 Page 16 of 29 Amendment Number: Original 119 Project Title: Boynton Beach Speeding and Aggressive Driving Enforcement Project Number: SC -2024-00224 FDOT Contract Number: 500-065-01 SAFETY 09/23 46. Sovereign Immunity. Nothing in this Agreement shall constitute a waiver by either party of its sovereign immunity for any damages claimed by third parties. 47. Bonus or Commission. By execution of the Agreement the Subrecipient represents that it has not paid and, also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. 48. Notices. Any notice, demand, or request which is required to be given under this Agreement in writing shall be delivered to the following address: Florida Department of Transportation Attn: Traffic Safety Administrator State Safety Office, MS 53 605 Suwannee Street Tallahassee, Florida 32399-0450 49. Agreement Format. All words used in this Agreement in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. 50. Jury Trial Waiver. The Subrecipient and the Department hereby irrevocably and unconditionally waive trial by jury in any legal action or proceeding relating to this agreement and for any counterclaim therein. 51. Execution of Agreement. This Agreement may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same instrument. 52. Agreement not Assignable. The Subrecipient may not assign any of its rights or obligations under this Agreement. 53. IRS Form 990 Annual Report and Executive Compensation Reporting. Pursuant to Governor's Executive Order 20-44, if the Subrecipient is required by the Internal Revenue Code to file IRS Form 990 and is named in statute with which the Department must form a sole -source, public-private agreement; or through contract or other agreement with the State, annually receives 50% or more of its budget from the State or from a combination of State and Federal funds, Subrecipient-shall submit an Annual Report to the Department, including the most recent IRS Form 990, detailing the total compensation for each member of the Subrecipient-executive leadership team. Total compensation shall include salary, bonuses, cashed -in leave, cash equivalents, severance pay, retirement benefits, deferred compensation, real -property gifts, and any other payout. Subrecipient shall inform the Department of any changes in total executive compensation during the period between the filing of Annual Reports required by this Amendment within 60 days of any change taking effect. All compensation reports shall detail the percentage of executive leadership compensation received directly from all State and/or Federal allocations to the Subrecipient. Annual Reports shall be in the form approved by the Department and shall be submitted to the Department at fdotsingleaudit@dot.state.fl.us within 180 days following the end of each tax year of the Subrecipient-receiving Department funding. GRANT MANAGEMENT 54. Amendments. The Subrecipient shall obtain prior written approval from the FDOT State Safety Office for changes to this subgrant agreement. Amendments to this subgrant agreement will be approved if the modification(s) to be made will achieve or improve upon the outcome of this subgrant agreement's scope of work, or where factors beyond the control of the Subrecipient require the change. Requested amendments to this subgrant agreement shall be in the form of a written request signed by one of the original signatories of this subgrant agreement, or successor in the same position. Specific delegation(s) for amendments must be provided in writing from the original signatory of the Subrecipient. 55. Disputes and Appeals. Any dispute, disagreement, or question of fact arising under this subgrant agreement may be addressed to the Traffic Safety Administrator of the FDOT State Safety Office in writing. The Traffic Safety Administrator's decision may be appealed in writing within 30 calendar days from the notification to the Governor's Highway Safety Representative, whose decision is final. Addresses are: Florida Department of Transportation Florida Department of Transportation Attn: Traffic Safety Administrator Attn: Governor's Highway Safety Representative State Safety Office, MS 53 State Safety Office, MS 53 605 Suwannee Street 605 Suwannee Street Tallahassee, Florida 32399-0450 Tallahassee, Florida 32399-0450 The Subrecipient shall proceed diligently with the performance of this subgrant agreement and in accordance with the Department's decision(s). SUB -2024- Boynton Bea -00224 Page 17 of 29 Amendment Number: Original 120 Project Title: Boynton Beach Speeding and Aggressive Driving Enforcement Project Number: SC -2024-00224 FDOT Contract Number: 500-065-01 SAFETY 09/23 56. Equipment. Any equipment purchased under this subgrant agreement with highway safety funds shall not replace previously purchased equipment that is damaged, stolen, lost, or that wears out as a result of misuse, whether the equipment was purchased with federal, state, or local funds. (a) Use of Equipment. All equipment shall be used for the originally authorized subgrant agreement purpose(s) for as long as needed for those purposes. Subrecipients must maintain an inventory control system that has adequate safeguards in place to prevent loss, damage, or theft. (b) Equipment Costing $5,000 or more. Equipment with a useful life of more than one year and an acquisition cost of $5,000 or more per unit shall be subject to the following requirements: i. Biannual certification of appropriate use and condition of equipment shall be provided to the FDOT State Safety Office. ii. Dispositions must be requested and shall receive prior written approval from the FDOT State Safety Office. (c) Disposition of Equipment Costing $5,000 or more. In the event the equipment is no longer needed for the originally authorized subgrant agreement purpose(s) or has reached the end of its useful life, Subrecipients should use the Equipment Disposition Request Form 500-065-026 to coordinate with the FDOT State Safety Office to obtain required approvals to dispose of the equipment or transfer the equipment to another agency for use. (d) Disposition of Equipment Costing Less than $5,000. Equipment that does not meet the unit purchase price threshold of $5,000 should be disposed of in accordance with the agency's own procurement and disposition policies. Documentation of this disposition should be noted in the Subrecipient files. (e) Equipment Replacement or Repair. The Subrecipient is responsible, at their own cost, for replacing or repairing any equipment purchased with Federal highway safety funds that is damaged, stolen, or lost, or that wears out as a result of misuse. The FDOT State Safety Office retains the right to replace or repair any equipment for statewide programs based on exceptional individual circumstances. (f) Equipment Repossession. Ownership of all equipment purchased with Federal highway safety funds rests with the Subrecipient; however, the USDOT maintains an interest in the equipment and title vests in the Subrecipient subject to several conditions and obligations under 2 CFR Section 200.313. The Subrecipient must use the equipment for the authorized purposes of the project, whether or not the project continues to be supported by the Federal award, unless the FDOT State Safety Office, on behalf of USDOT, provides written authorization for another use of the equipment that is permissible under 2 CFR Section 200.313. Any equipment purchased with Federal highway safety funds that is not being used by the Subrecipient for the purposes described in the project or in accordance with other authorized uses under 2 CFR Section 200.313, is subject to repossession by the FDOT State Safety Office, on behalf of the USDOT. Items that are repossessed shall be disbursed to agencies that agree to use the equipment for the activity described in this project or for other uses authorized by USDOT. 57. Expense Purchases for $200 or more: Any office, training, communication, or computer supplies (including computers) with a per item unit cost of $200 or more within the Expense Category, excluding software, must have FDOT State Safety Office written approval, prior to purchase. 58. Excusable Delays. Except with respect to the defaults of Subrecipient's consultants and contractors which shall be attributed to the Subrecipient, the Subrecipient shall not be in default by reason of any failure in performance of this subgrant agreement in accordance with its terms if such failure arises out of causes beyond the control and without the fault or negligence of the Subrecipient. Such causes are acts of God or of the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather, but in every case the failure to perform must be beyond the control and without the fault or negligence of the Subrecipient. If the failure to perform is caused by the failure of the Subrecipient's consultant or contractor to perform or make progress, and if such failure arises out of causes beyond the control of the Subrecipient and its consultant or contractor, and without the fault or negligence of any of them, the Subrecipient shall not be deemed to be in default, unless (1) the supplies or services to be furnished by the consultant or contractor were obtainable from other sources, (2) the FDOT State Safety Office shall have ordered the Subrecipient in writing to procure such supplies or services from other sources, and (3) the Subrecipient shall have failed to comply reasonably with such order. Upon request of the Subrecipient, the FDOT State Safety Office shall ascertain the facts and extent of such failure and, if it shall be determined that any failure to perform was occasioned by any one or more of the said causes, the delivery schedule shall be revised accordingly. SUB -2024- Boynton Bea -00224 Page 18 of 29 Amendment Number: Original 121 Project Title: Boynton Beach Speeding and Aggressive Driving Enforcement Project Number: SC -2024-00224 FDOT Contract Number: 500-065-01 SAFETY 09/23 If the Subrecipient is unable to fulfill the activities stated in the Proposed Solution or Project Objectives in this agreement (Part II: PROJECT PLAN AND SUPPORTING DATA) due to the COVID-19 pandemic, the Subrecipient must contact the FDOT State Safety Office immediately to discuss potential amendments and/or alternate plans. 59. How this Subgrant Agreement is Affected by Provisions Being Held Invalid. If any provision of this subgrant agreement is held invalid, the remainder of this subgrant agreement shall not be affected. In such an instance, the remainder would then continue to conform to the terms and requirements of applicable law. The Subrecipient acknowledges that federal grant requirements are subject to change and agrees that the most recent requirements shall govern its obligations under this Agreement at all times. 60. Ineligibility for Future Funding. The Subrecipient agrees that the Department shall find the Subrecipient ineligible for future funding for any of the following reasons: (a) Failure to provide the required audits (b) Failure to provide required performance and final narrative reports in the required time frame (c) Failure to perform work described in Part II of this subgrant agreement (d) Failure to provide reimbursement requests and performance reports in a timely manner (e) Providing fraudulent performance reports or reimbursement requests (f) Misuse of equipment purchased with Federal highway safety funds 61. Performance. In the event of default, noncompliance, or violation of any provision of this subgrant agreement by the Subrecipient, the Subrecipient's consultant(s) or contractor(s) and supplier(s), the Subrecipient agrees that the Department will impose sanctions. Such sanctions include withholding of reimbursements, retainage, cancellation, termination, or suspension of this subgrant agreement in whole or in part. In such an event, the Department shall notify the Subrecipient of such decision 30 days in advance of the effective date of such sanction. The sanctions imposed by the Department will be based upon the severity of the violation, the ability to remedy, and the effect on the project. The Subrecipient shall be paid only for those services satisfactorily performed prior to the effective date of such sanction. 62. Personnel Hired or Paid Under this Subgrant Agreement. (a) Project Director. Persons holding the position of Project Director for this subgrant agreement shall not receive reimbursement for personnel hours nor receive any other benefit under this subgrant agreement. (b) Employer Responsibility. Any and all employees of the Subrecipient whose positions are funded, in whole or in part through this subgrant agreement, shall be the employee of the Subrecipient only, and any and all claims that may arise from said employment relationship shall be the sole obligation and responsibility of the Subrecipient. Personnel hours will only be reimbursed based on actual hours worked on this subgrant agreement. No other allocation method is allowable for reimbursement. (c) Bonuses or stipends. Bonuses or one-time stipends issued to Subrecipient employees will not be eligible for subgrant reimbursement, as they are not considered salary and are an addition to the salary amounts approved for Subgrant execution. Increases in Subgrant employee salary must be approved by the FDOT State Safety Office. Annual fluctuations in benefits approved in the Subgrant are allowable and eligible for reimbursement. (d) Overtime. i. Overtime Hours. Subgrant funds cannot be used to supplant standard activity hours; therefore, only hours qualifying as "overtime", per the Subrecipient policies will be eligible for reimbursement by this subgrant agreement. In the event a Subrecipient is awarded more than one subgrant agreement within a federal fiscal year, overtime hours for each traffic safety effort must be tracked, reported, and billed based on hours worked for each subgrant agreement type. ii. Reserve Officer Hours. Subgrant funds can be used to reimburse detail pay for reserve officers to perform traffic safety enforcement. An agency must have an active policy authorizing payment for reserve officer detail to receive reimbursement for reserve officer hours. SUB -2024 -Boynton Bea -00224 Page 19 of 29 Amendment Number: Original 122 Project Title: Boynton Beach Speeding and Aggressive Driving Enforcement Project Number: SC -2024-00224 FDOT Contract Number: 500-065-01 SAFETY 09/23 iii. Overtime Rate. Overtime hours are intended for enhanced/increased traffic safety activities. The overtime pay rate for personnel is based on actual cost per employee in accordance with the Subrecipient's payroll policy. Each Subrecipient shall comply with Fair Labor Standards Act (FLSA) requirements and thresholds for overtime accrual and payment and its own policies and procedures, insofar as those policies apply uniformly to both federally financed and other activities of the Subrecipient, as required by 2 CFR 200.403(c). Additional hours may be called overtime, off duty, extra, additional, etc., as long as it enhances/increases traffic safety activities. A copy of the policy shall be maintained by the Subrecipient and made available for review if requested. 63. Reports. The following reports are required for reimbursement of subgrant funding: (a) Performance Reports. (FDOT Form No. 500-065-19). A performance report shall be provided with each request for financial reimbursement, providing the status of the subgrant minimum performance standards, as described in Part IV of this subgrant agreement. (b) Final Narrative Report. (FDOT Form No. 500-065-20). A Final Narrative Report giving a chronological history of the subgrant activities, problems encountered, major accomplishments, and NHTSA Required Activity Reporting shall be submitted by October 31. Requests for reimbursement will not be processed and will be returned to the Subrecipient as unpaid if the required reports are not provided, following notification. (c) Enforcement Activity Reports. Enforcement Activity Report(s) for each type of enforcement shall be provided with each request for financial reimbursement for overtime worked. Agency specific activity reports may be used, if those reports include all information detailed in each FDOT Activity Form. (d) Other Reports. The FDOT State Safety Office reserves the right to require other reports not specified above, as necessary, for subgrant agreement monitoring. 64. Term of this Subgrant Agreement. Each subgrant agreement shall begin on the date the last party signs this subgrant agreement and shall end on September 30, unless otherwise stipulated by the FDOT State Safety Office on the first page of this respective subgrant agreement. In the event this subgrant agreement is for services in excess of $25,000.00 and a term for a period of more than 1 year, the provisions of Section 339.135 (6)(a), F.S., are hereby incorporated: "The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the Comptroller of the Department that such funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000.00 and which have a term for a period of more than 1 year." 65. Travel. (a) Required Forms. Travel costs for approved travel shall be submitted on the FDOT Contractor Travel Form (FDOT Form No. 300-000-06) or other approved Florida Department of Financial Services form and will be reimbursed in accordance with Section 112.061, F.S. and the most current version of the Disbursement Handbook for Employees and Managers. (b) Authorization and Restriction. All travel authorized under this subgrant shall be subject to any additional authorization requirements or restrictions imposed by: the Governor's Executive Order or other guidance; any requirements or forms for travel cost reimbursement imposed by the Subrecipient that do not violate FDOT travel cost reimbursement requirements; and/or FDOT during the subgrant period. (c) Prerequisite Approvals. All subgrant travel that has billable costs shall require a written request for approval from the FDOT State Safety Office prior to the incurring of actual travel costs. Request should include sufficient justification to prove that the travel will have significant benefits to the outcome of the subgrant activities and is within the travel budget of the project and relevant to the project. Additional detail is required if the travel meets any of the following criteria: i. Purchase of Air fare ii. Travel to conference iii. Travel which includes a registration fee iv. Out-of-subgrant-specified work area travel SUB -2024- Boynton Bea -00224 Page 20 of 29 Amendment Number: Original 123 Project Title: Boynton Beach Speeding and Aggressive Driving Enforcement 500-065-01 Project Number: SC -2024-00224 SAFETY FDOT Contract Number: 09/23 v. Out-of-state travel Failure to receive prior written approval will deem the entire travel cost ineligible for payment, regardless of available funding in the travel budget. (d) Lodging Reimbursement Limit. The FDOT State Safety Office shall not pay for overnight lodging/hotel room rates that exceed $225.00 per night (before taxes and fees). A Subrecipient and/or traveler will be required to expend his or her own funds for paying the overnight lodging/hotel room rate in excess of $225.00 plus the applicable percentage of fees (other than flat fees). If multiple travelers share a room and the individual cost of the lodging/hotel exceeds the $225.00 per night limit, the Subrecipient and/or travelers will be required to expend his or her own funds for paying the excess amount. If another entity is covering the cost of the overnight lodging/hotel then this paragraph does not apply. (e) Lodging for Subgrant Funded Statewide Coalition Meetings and Conferences. Lodging contracts may be funded to accommodate attendance of subgrant funded statewide coalition meetings, conferences, and programs. If a lodging contract is executed to cover lodging cost, all travelers shall be expected to use the contract, and any attendees choosing alternate lodging accommodations based on preference, shall do so at their own out of pocket costs. Cost for these lodging contracts will be reviewed and approved for program appropriateness and costs savings to the State, as determined and approved by the FDOT State Safety Office. 66. Vehicles. Any Subrecipient receiving subgrant funds to purchase a vehicle (excluding law enforcement vehicles) shall maintain a travel log that contains the beginning and ending mileage, location, and purpose of travel. All agencies must report any vehicle use (excluding law enforcement vehicles) and maintenance with each request for reimbursement using the Safety Grant Vehicle Use Form (FDOT Form No. 500-065-21) and the Safety Grant Equipment Maintenance Form (FDOT Form No. 500-065-22). Vehicles purchased with federal highway safety funds shall be used for program use only and in accordance with Rule 6013-1.004 F.A.C. Subrecipients who are responsible for the operation and use vehicles for official state business are allowed to permit persons other than state officials or employees to travel in the vehicle provided these persons are conducting official state business or only on special occasions if the purpose of the travel can be more usefully served by including such persons and no additional expense is involved. It is permissible to transport persons other than state officials and employees during disasters and emergency situations where the state must protect life and property. Providing assistance to motorists whose vehicles are disabled may be considered as an emergency when there is a need to protect life and property. Any vehicles used for personal reasons or not being used by the Subrecipient for the purposes described in this subgrant agreement shall be subject to repossession by the FDOT State Safety Office. FINANCIAL/FISCAL 67. Allowable Costs. The allowability of costs incurred under this subgrant agreement shall be determined in accordance with the general principles of allowability and standards for selected cost items set forth in the Applicable Federal Law, state law, and the FDOT Disbursement Handbook for Employees and Managers, to be eligible for reimbursement. All funds not spent in accordance with the Applicable Federal Law will be subject to repayment by the Subrecipient. Only costs directly related to this subgrant agreement shall be allowable. 68. Subcontract Agreements. (a) Requirement for Pre- Approval. All subcontract agreements must be submitted to the FDOT State Safety Office in draft form for review and approval. Approval of this subgrant agreement does not constitute approval of subcontract agreements. (b) Minimum Mandatory Subcontract Language. All subcontract agreements shall include at a minimum the following information: i. Beginning and end dates of the subcontract agreement (not to exceed this subgrant agreement period) ii. Total contract amount iii. Scope of work/Services to be provided iv. Quantifiable, measurable, and verifiable units of deliverables v. Minimum level of service to be performed and criteria for evaluating successful completion vi. Budget/Cost Analysis vii. Method of compensation/Payment Schedule SUB -2024- Boynton Bea -00224 Page 21 of 29 Amendment Number: Original 124 Project Title: Boynton Beach Speeding and Aggressive Driving Enforcement Project Number: SC -2024-00224 FDOT Contract Number: 500-065-01 SAFETY 09/23 (c) Additional Required Clauses. i. All subcontract agreements shall contain the following statement: "The parties to this contract shall be bound by all applicable sections of Part V: Acceptance and Agreement of Project # (insert project number). A final invoice must be received by (insert date) or payment will be forfeited." ii. Buy American Act clause (see Section 4 of Part V) iii. Certification Regarding Federal Lobbying (see Section 21 of Part V) iv. Cooperation with Inspector General (see Section 32 of Part V) v. DBE Clause (see Section 10 of Part V) vi. E -Verify clause (see Section 33 of Part V) vii. Nondiscrimination clause (see Section 16 of Part V) viii. Clean Air Act and Federal Water Pollution Control Act clause (subcontracts in excess of $150,000) (see Section 5 of Part V) ix. Integrity Certification Clause (see Section 27 of Part V) x. Contract Work Hours and Safety Standards Act (subcontracts in excess of $100,000) (see Section 8 of Part V) xi. Indemnification and Insurance (see Section 34 of Part V) xii. Policy on Banning Text Messaging While Driving Act (subcontracts in excess of $15, 000) (see Section 28 of Part V) xiii. Human Trafficking Clause (see Section 23 of Part V) xiv. Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms (see Section 12 of Part V) xv. Termination for Convenience (see Section 22 of Part V) 69. Indirect Costs. Indirect costs included in this subgrant agreement in Part III, under the indirect line item are based on the indirect costs rate the Subrecipient used in the competitive concept paper application process. The rate will be applied in accordance with 2 CFR 200 and the Subrecipients federally approved rate agreement. If the Subrecipient does not have a federally approved costs rate agreement, a de minimis rate of 10% of modified total direct costs in the manner described in 2 CFR 200.414 will be used. [The de minimis rate is available only to entities that have never had a negotiated indirect cost rate. When selected, the de minimis rate must be used consistently for all federal awards until such time the Subrecipient chooses to negotiate a rate. A de minimis certification form must be submitted to the Department for review and approval.] All subgrant awards are based on cost benefit, available funding, and if the indirect costs rate requested significantly affects the proposed project's ability to adequately address the traffic safety need. 70. Obligation of Subgrant Funds. Subgrant funds shall not be obligated prior to the effective date or subsequent to the end date of this subgrant agreement period. Only project costs incurred on or after the effective date and on or prior to the end date of this subgrant agreement are eligible for reimbursement. A cost is incurred when the Subrecipient's employee or approved contractor or consultant performs the service required or when goods are received by the Subrecipient, notwithstanding the date of order. 71. Procedures for Reimbursement. (a) Overview. The Department agrees to compensate the Subrecipient for services described in Part II (Project Plan and Supporting Data). The Schedule of Financial Assistance is included as Part III (Project Detail Budget). (b) Required Forms. All requests for reimbursement of subgrant costs must be submitted on forms provided by the Department (FDOT Form Numbers 500-065-04 through 09 and 19) unless otherwise approved. Forms must be completed in detail sufficient for a proper pre -audit and post audit based on the quantifiable, measurable, and verifiable units of deliverables and costs, including supportive documentation as established in Parts II (Project Plan and Supporting Data), III (Project Detail Budget), and IV (Performance Report. ALL requests for reimbursement shall include FDOT Form 500-065-019 Performance Report for the period of reimbursement. Deliverables must be received and accepted in writing by the Department's Project Manager prior to payments. SUB -2024- Boynton Bea -00224 Page 22 of 29 Amendment Number: Original 125 Project Title: Boynton Beach Speeding and Aggressive Driving Enforcement Project Number: SC -2024-00224 FDOT Contract Number: 500-065-01 SAFETY 09/23 (c) Supporting Documentation. Supporting documentation must establish that the deliverables were received and accepted in writing by the Subrecipient and must also establish that the required minimum level of service to be performed based on the criteria for evaluating successful completion as specified in Parts II (Project Plan and Supporting Data), III (Project Detail Budget), and IV (Performance Report) was met. All costs invoiced shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of charges. Invoices for cost reimbursement subgrants must be supported by an itemized listing of expenditures by category (salary, travel, expenses, etc.). Supporting documentation shall be submitted for each amount for which reimbursement is being claimed indicating that the item has been paid. Documentation for each amount for which reimbursement is being claimed must indicate that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved subgrant budget may be reimbursed. These expenditures must be allowable (pursuant to law) and directly related to the services being provided. Contracts between state agencies may submit alternative documentation to substantiate the reimbursement request, which may be in the form of FLAIR reports or other detailed reports. The Florida Department of Financial Services, online Reference Guide for State Expenditures can be found at this web address: httD://www.fldfs.com/aadir/reference auide.htm Listed below are types and examples of supporting documentation: i. Personnel Services. a. Salaries: Timesheets that support the hours worked on the project or activity must be kept. A payroll register, or similar documentation should be maintained. The payroll register should show gross salary charges, fringe benefits, other deductions, and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. b. Fringe Benefits: Fringe benefits should be supported by invoices showing the amount paid on behalf of the employee, e.g., insurance premiums paid. If the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown. Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits. ii. Contractual Services. Should be supported by a copy of the approved subcontract agreement, invoice showing payment request and dates of service from the vendor, and proof of payment by the Subrecipient. iii. Expenses. Should be supported by a copy of any required pre -approvals, invoice showing payment request from the vendor, and proof of payment by the Subrecipient. iv. Travel. Reimbursement for travel must be in accordance with s. 112.061, F.S. and the most recent version of the FDOT Disbursement Handbook, which includes submission of the travel costs on an approved state travel form along with supporting receipts and invoices. v. Equipment Costing $5,000 or More. Should be supported by a copy of any required pre -approvals, invoice showing payment request from the vendor, and proof of payment by the Subrecipient. vi. Indirect Cost. If the subgrant stipulates that indirect costs will be paid based on a specified rate, then the calculation should be shown. Indirect costs must be in the approved agreement budget and the entity must be able to demonstrate that the costs are not duplicated elsewhere as direct costs. All indirect cost rates must be evaluated for reasonableness and for allowability and must be allocated consistently. All documentation should be readable and include the necessary calculations to support the amounts being requested. Illegible documents or documents for the wrong time -period or calculation amounts will require resubmittal by the Subrecipient. If documents provided do not equal the totals requested, additional documentation may be requested, or amounts reimbursed will be reduced to totals supported by documentation. Subgrant agreements between state agencies, and/or subgrant agreements between universities may submit alternative documentation to substantiate the reimbursement request that may be in the form of FLAIR reports or other detailed reports and do not have to include check numbers. (d) Frequency and Deadlines for Submission. SUB -2024- Boynton Bea -00224 Page 23 of 29 Amendment Number: Original 126 Project Title: Boynton Beach Speeding and Aggressive Driving Enforcement Project Number: SC -2024-00224 FDOT Contract Number: 500-065-01 SAFETY 09/23 i. Partial Claims. Subrecipients should submit all costs for reimbursement monthly unless no costs were incurred within a month. Reimbursement for personnel costs may be submitted after each pay period, if desired. Failure to submit reimbursement requests in a timely manner may result in this subgrant agreement being terminated. ii. Final Claim. A final financial request for reimbursement shall be submitted and/or postmarked no later than October 31 following the end of this subgrant agreement period. Such request should be distinctly identified as Final. The Subrecipient agrees to forfeit reimbursement of any amount incurred or expended if the final request is not submitted and/or postmarked by October 31 following the end of this subgrant agreement period. (e) Travel Reimbursement. Bills for travel expenses specifically authorized in this subgrant agreement shall be submitted on the FDOT Contractor Travel Form (300-000-06) and will be paid in accordance with Section 112.061, F.S. and the most current version of the FDOT Disbursement Handbook for Employees and Managers. (f) Equipment Reimbursement. All requests for reimbursement of equipment having a unit cost of $5,000 or more and a useful life of one year or more shall be accompanied by an Equipment Accountability Form (FDOT Form No. 500-065-09). Reimbursement of these equipment costs shall not be made before receipt of this form. (g) Media Purchase Reimbursement. Proof of performance (e.g., copies and/or images of posters, air schedules, etc.) of all paid media purchased with subgrant funds shall be attached to reimbursement requests. (h) Signature Requirements. All requests for reimbursement shall be signed by an Authorized Representative of the Subrecipient. (i) Reimbursement Timeline. Subrecipients providing goods and services to the Department should be aware of the following time frames. The FDOT State Safety Office has a 30 -day review process to approve goods and services that starts on the date of receipt of financial reimbursement request. After that review and approval, the Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected, and approved. Financial reimbursement requests may be returned if not completed properly. If a payment is not available within 40 days from the FDOT State Safety Office approval, a separate interest penalty at a rate as established pursuant to Section 55.03(1), F.S., will be due and payable, in addition to the financial reimbursement request amount, to the Subrecipient. Interest penalties of less than one (1) dollar will not be enforced unless the Subrecipient requests payment. Financial reimbursement requests that have to be returned to a Subrecipient because of Subrecipient preparation errors will result in a delay in the payment. The financial reimbursement request payment requirements do not start until a properly completed financial reimbursement request is provided to the Department. (j) Financial Consequences. Payment shall be made only after receipt and approval of deliverables and costs incurred. If the Department determines that the performance of the Subrecipient is unsatisfactory, the Department shall notify the Subrecipient of the deficiency to be corrected, which correction shall be made within a timeframe to be specified by the Department. The Subrecipient shall, within five days after notice from the Department, provide the Department with a corrective action plan describing how the Subrecipient will address all issues of subgrant agreement non-performance, unacceptable performance, failure to meet the minimum performance levels, deliverable deficiencies, or subgrant agreement noncompliance. If the corrective action plan is unacceptable to the Department, the Subrecipient will not be reimbursed to the extent of the non-performance. The Subrecipient will not be reimbursed until the Subrecipient resolves the deficiency. If the deficiency is subsequently resolved, the Subrecipient may bill the Department for the unpaid reimbursement request(s) during the next billing period. If the Subrecipient is unable to resolve the deficiency, the funds shall be forfeited at the end of this subgrant agreement term. (k) Vendor Ombudsman. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Subrecipients who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 413-5516. (I) Projects with Non-profit Entities. Pursuant to Section 216.1366, Florida Statutes, the Subrecipient shall provide documentation to indicate the amount of state funds: i. Allocated to be used during the full term of this Agreement for remuneration to any member of the board of directors or an officer of the Subrecipient. SUB -2024 -Boynton Bea -00224 Page 24 of 29 Amendment Number: Original 127 Project Title: Boynton Beach Speeding and Aggressive Driving Enforcement Project Number: SC -2024-00224 FDOT Contract Number: 500-065-01 SAFETY 09/23 ii. Allocated under each payment by the Department to be used for remuneration of any member of the board of directors or an officer of the Subrecipient. The documentation must indicate the amounts and recipients of the remuneration. Such information will be posted by the Department to the Florida Accountability Contract Tracking System maintained pursuant to s. 215.985, Florida Statutes, and must additionally be posted to the Subrecipient's website, if the Subrecipient is a non-profit organization and maintains a website. The Subrecipient shall utilize FDOT Form No. 350-090-19, Compensation to Non -Profits Using State Funds, for purposes of documenting the compensation. The subject Form is required for every contract for services executed, amended, or extended on or after July 2023, with non-profit organizations. 72. Tracking and Retention of Financial Records. The Subrecipient shall maintain an accounting system or separate accounts to ensure funds and projects are tracked separately. Records of costs incurred under the terms of this subgrant agreement shall be maintained and made available upon request to the Department at all times during the period of this subgrant agreement and for five years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the Subrecipients general accounting records and the project records, together with supporting documents and records, of the contractor and all subcontractors performing work on the project, and all other records of the Contractor and subcontractors considered necessary by the Department for a proper audit of costs. 73. Program Income. Program income means gross income earned by Subrecipient that is directly generated by a supported activity or earned as a result of the subgrant award during the subgrant period of performance. Program income must be deducted from total allowable costs to determine the net allowable costs. Program income must be used for current costs and any remaining program income must be offset against the final request for reimbursement. Program income that the Subrecipient did not anticipate at the time of the subgrant award must be used to reduce the Federal award and Subrecipient contributions rather than to increase the funds committed to the project. 74. Registration for Attendance. No activities funded under this subgrant agreement shall charge a registration fee for attendance. 75. Responsibility of Subrecipient. The Subrecipient shall establish fiscal control and fund accounting procedures that assure proper disbursement and accounting of subgrant funds and required non-federal expenditures. All monies spent on this project shall be disbursed in accordance with the provisions of the Project Detail Budget as approved by the FDOT State Safety Office. All expenditures and cost accounting of funds shall conform to 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements For Federal Awards, herein incorporated by reference, (hereinafter referred to as Applicable Federal Law). REQUIREMENTS 76. Child Safety Seats. Any agency that receives child safety seats must have at least one staff member who is a current Certified Child Passenger Safety Technician. 77. Enforcement. (a) Automated Traffic Enforcement. No subgrant funds will be awarded or expended to carry out a program to purchase, operate, or maintain an automated traffic enforcement system. (23 U.S.C. 402(c)(4)). The term "automated traffic enforcement system" includes any camera that captures an image of a vehicle for the purposes only of red light and speed enforcement and does not include handheld radar and other devices operated by law enforcement officers to make an on -the -scene traffic stop, issue a citation, or other enforcement action at the time of violation. Subgrant funding will not be utilized or reimbursed for continuing priorly initiated investigations, court or Administrative Hearings, and enforcement from aircraft. (b) Aircraft Enforcement. Subgrant funding will not be utilized or reimbursed for enforcement from aircraft. (c) Investigations and Court. Subgrant funding will not be utilized or reimbursed for continuing priorly initiated investigations, court, or administrative hearings. (d) Data Driven. Selection of enforcement activity locations should be based on current data that identifies high-risk areas with the greatest number of crashes, serious injuries, fatalities, and/or traffic violations (citations). Data should be reviewed periodically to ensure that the most current high-risk areas are continually addressed throughout this subgrant agreement period. (e) High Visibility Enforcement. All law enforcement agencies shall conduct High Visibility Enforcement while conducting enforcement under this subgrant agreement. High Visibility Enforcement is defined as: SUB -2024- Boynton Bea -00224 Page 25 of 29 Amendment Number: Original 128 Project Title: Boynton Beach Speeding and Aggressive Driving Enforcement 500-065-01 Project Number: SC -2024-00224 SAFETY FDOT Contract Number: 09/23 Intense: Enforcement activities are over and above what normally takes place. Frequent: Enforcement occurs often enough to create general deterrence. Visible: A majority of the public sees or hears about the enforcement. Strategic: Enforcement targets high-risk locations during high-risk times. (f) Hours Limit. Each officer is limited to a maximum of eight (8) hours of reimbursable overtime in any single day (defined as 12:00 a.m. to 11:59 p.m.), unless there are extenuating circumstances at the end of a shift that causes the hours to exceed this limit. Extenuating circumstances must be documented in the activity report. There is no pay period limit on hours worked. (g) Impaired Driving Enforcment. i. Hours of Emphasis. A strong emphasis of enforcement operations should be during the hours of 6:00 pm to 6:00 am. Expansion of enforcement operation hours can be adjusted based on supporting data and prior approval by the FDOT State Safety Office. Agencies should ensure that enforcement saturation/wolfpack/roving patrols are conducted in periods of no fewer than 3 consecutive hours. The FDOT State Safety Office reserves the right to request a copy of any subgrant funded checkpoint After Action Report. ii. Mobilization Participation. All law enforcement agencies that receive impaired driving subgrant funding should participate in all NHTSA impaired driving moblizations for the following holidays and events: New Year's Day, NFL Super Bowl, St. Patrick's Day, Cinco de Mayo, Independence Day, Labor Day, Halloween, and the end of year holiday season. iii. Required Credentials for Impaired Driving Enforcement. Any law enforcement officer who takes enforcement action and receives compensation under an impaired driving subgrant must have successfully completed at least one of the following within the last five years: a. NHTSA/IACP 24 hour DWI Detection and Standardized Field Sobriety Testing (SFST) course b. NHTSA/IACP 4 hour DWI Detection and Standardized Field Sobriety Testing (SFST) refresher course c. NHTSA/IACP DWI Detection and Standardized Field Sobriety Testing (SFST) Instructor Development course d. NHTSA/IACP 8 -hour DWI Detection and Standardized Field Sobriety Testing (SFST) Instructor Update course e. NHTSA/IACP Advanced Roadside Impaired Driving Enforcement (ARIDE) course f. Be an active certified Drug Recognition Expert (DRE) (h) Motorcycle Enforcement. No subgrant funds will be used for programs to check helmet usage or to create checkpoints that specifically target motorcyclists. (i) Occupant Protection Enforcement. All law enforcement agencies that receive occupant protection subgrant funding should participate in all NHTSA occupant protection mobilizations for Click It or Ticket and are encouraged to participate in Child Passenger Safety Week and National Seat Check Saturday. Safety belt enforcement is encouraged for both day and nighttime. Q) Speed and Aggressive Driving Enforcement. All law enforcement agencies that receive speed and aggressive driving subgrant funding should participate in the NHTSA Regional speed and aggressive driving moblization for Operation Southern Slow Down. i. Required Credentials for Speed Enforcement. Any law enforcement officer who is using a radar or lasar speed detection system, must be certified in the use of that piece of equipment. ii. Conforming Product List. Any speed measuring device purchse with subgrant funding should be in accordance with State approved Speed Measuring Devices listed in 15B-2.013 F.A.C. (k) Teen Safe Driving Enforcment. i. Hours of Emphasis. Emphasis of enforcement operations should be during the hours of 11:00 pm to 6:00 am aligning with the perameters of Florida's Grduated Driver Licesning (GDL) Laws. Expansion of enforcement operation hours can be adjusted based on supporting data and prior approval by the FDOT State Safety Office. The agency will maintain detailed records of enforcement operations.The FDOT State Safety Office reserves the right to request a copy of any subgrant funded Computer Aided Report (CAD). SUB -2024- Boynton Bea -00224 Page 26 of 29 Amendment Number: Original 129 Project Title: Boynton Beach Speeding and Aggressive Driving Enforcement Project Number: SC -2024-00224 FDOT Contract Number: 500-065-01 SAFETY 09/23 ii. Required Credentials for High Visibility Enforcement. Any law enforcement officer who is using a radar or lasar speed detection system must be certified in the use of that piece of equipment. 78. Public Service Announcements, Marketing, and Advertisements. (a) Closed Caption Requirement. All public service announcements produced with Federal highway safety funds shall be closed captioned for the hearing impaired. (b) Media Plan. All paid media reimbursed with subgrant funds shall contain a traffic safety message. In order to maximize the effectiveness of the paid media, when marketing or advertising is included in subgrant activities, it shall be done only in conjunction with proven, effective countermeasures, and when the message of the media is designed to call attention to those countermeasures. Before incurring costs related to the paid media, a final draft of the media and media plan shall be submitted to the FDOT State Safety Office for review. Media plans should include the following: i. What program/policy the paid media is supporting ii. How the paid media will be implemented to support an operational enforcement program whether it be a periodic crackdown/mobilization or an on-going saturation or roving patrol iii. The amount allocated for paid media iv. Anticipated creative costs associated with the paid media v. The measures that will be used to assess message recognition and penetration of the target audience. (c) Tagging. All subgrant funded public service announcements, marketing, and advertisements shall be tagged "Funding provided by the Florida Department of Transportation, or Funded by FDOT", or FDOT logo, "Brought to you by ...." or "Provided by ..." may also be used for this requirement. Television commercials must include a statement as set forth above. The name of the Subrecipient and its logo can appear on the paid media, if approved by the FDOT State Safety Office, but the names of individuals connected with the Subrecipient shall not appear when paid for with Federal highway safety funds, unless otherwise approved by the FDOT State Safety Office. (d) Prohibition of Gifts. Contractual agreements for marketing and advertising which include communications, public information, and paid media expenditures shall not include gifts as defined by Section 112.312, F.S., which includes items such as tickets, seats, food, travel, apparel, memorabilia, etc., to any representative of this subgrant agreement or any of their traffic safety partners unless the item or service is regularly made available to the general public at no cost. 79. Public Information and Education Items. Public Information and Education Items are defined as materials whose purpose is to convey substantive information about highway safety. Paper, pamphlets, flash drives, CD- ROMs, and similar media that contain educational materials are all allowable because their purpose is to contain and convey educational information. In order to be considered educational, distributed material must provide substantial informational and educational content to the public (not merely a slogan) and have the sole purpose of conveying that information. If a Subrecipient chooses to provide educational content on a flash drive, CD- ROM, or similar device, that device must be an economical method of conveying the information. Before printing or ordering any public information and education items, a final draft or drawing of the items shall be submitted to the FDOT State Safety Office for review and approval. Requests should include the following: (a) What public information or educational item is being requested (b) What program/policy is the item supporting (c) Who the target audience is (d) How the item will be distributed (e) Estimated unit cost(s) for the item (f) Current inventory levels (if any) of the item The FDOT State Safety Office shall provide written approval for reimbursement if the items are appropriate for purchase under this subgrant agreement. Copies and/or images of all public information and education items purchased with highway safety funds shall be attached to the forms requesting reimbursement for the items. SUB -2024- Boynton Bea -00224 Page 27 of 29 Amendment Number: Original 130 Project Title: Boynton Beach Speeding and Aggressive Driving Enforcement Project Number: SC -2024-00224 FDOT Contract Number: 500-065-01 SAFETY 09/23 Printed materials (tip cards, brochures, safety pledges, surveys, activity books, booklets, guides, etc.) can be freely distributed, however tangible items (helmets, DVDs, CD-ROMs, flash or thumb drives, reflective tape, etc.) require the person receiving the item to interact with the Subrecipient in some manner related to the goal of the project in order to receive the item. Interaction includes attending a presentation, having a discussion with a program representative, signing a pledge sheet, filling out a survey form, answering a traffic safety question, etc. The results of this interaction must be reported in the performance report. Where feasible, either the Florida Department of Transportation logo or the words "Funding provided by the Florida Department of Transportation or Funded by FDOT" Shall appear on or in all items. "Brought to you by" or "Provided by" may also be used for this requirement. The name of the Subrecipient and its logo can appear on any of the public information and education items. The names of individuals connected with the Subrecipient shall not appear on any printed materials, and advertisements paid for with highway safety funds. Per 2 CFR 200 and NHTSA Memo "Use of NHTSA Highway Safety Grant Funds for Certain Purchases" (dated May 18, 2016), Use of NHTSA grant funds to purchase promotional items or memorabilia (backpacks, cups, flashlights, key chains, magnets, shirts, stickers, sunglasses, umbrellas, etc.) is prohibited and therefore unallowable under this subgrant agreement. 80. Publication and Printing of Observational Surveys and Other Reports. (a) Review and Publication. During this subgrant agreement period, but before publication or printing, the final draft of any report or reports required under this subgrant agreement or pertaining to this subgrant agreement shall be submitted to the FDOT State Safety Office for review and concurrence. After this subgrant agreement period has concluded, Subrecipients may publish after providing the FDOT State Safety Office with at least a 15 -day prior written notice. (b) Discussion. Both written and oral releases are considered to be within the context of publication. However, there is no intention to limit discussion of the study with small technical groups or lectures to employees or students. Lectures that describe plans but discuss neither data nor results may be given to other groups without advance approval. (c) Required Language. Each publication or other printed report covered by Paragraph 80(a) above shall include the following statement on the cover page: i. This report was prepared for the FDOT State Safety Office, Department of Transportation, State of Florida, in cooperation with the National Highway Traffic Safety Administration, U.S. Department of Transportation and/or Federal Highway Administration, U.S. Department of Transportation. ii. The conclusions and opinions expressed in these reports are those of the Subrecipient and do not necessarily represent those of the FDOT State Safety Office, Department of Transportation, State of Florida, and/or the National Highway Traffic Safety Administration, U.S. Department of Transportation and/or Federal Highway Administration, or any other agency of the State or Federal Government. 81. Safety Belt Policy. Each Subrecipient shall have a written safety belt policy, which is enforced for all employees. A copy of the policy shall be maintained by the Subrecipient and made available for review if requested. 82. Special Conditions. SUB -2024- Boynton Bea -00224 Page 28 of 29 Amendment Number: Original 131 Project Title: Boynton Beach Speeding and Aggressive Driving Enforcement Project Number: SC -2024-00224 FDOT Contract Number: Part VI: Federal Financial Assistance (Single Audit Act) Federal resources awarded pursuant to this subgrant are as follows: CFDA Number and Title: ❑ 20.600 - State and Community Highway Traffic Safety Program (NHTSA 402 Funds) ❑ 20.614 - National Highway Traffic Safety Administration Discretionary Safety Grants (NHTSA 403 funds) ❑ 20.616 - National Priority Safety Program (NHTSA 405 Funds) ❑ 20.205 - Highway Planning and Construction (FHWA Federal Aid Highway Program, Federal Lands Highway Program) *Federal Funds Awarded: $42,000 Awarding AgencT. Florida Department of Transportation Indirect Cost Rate: 00 **Award is for R&D: No *The federal award amount may change with supplemental agreements **Research and Development as defined at §200.87, 2 CFR Part 20 Federal resources awarded pursuant to this subgrant are subject to the following audit requirements: 500-065-01 SAFETY 09/23 (a) 2 CFR Part 200 - Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards ....................._.... �cfir::.gov Federal resources awarded pursuant to this subgrant may also be subject to the following_ (a) Federal Funding Accountability and Transparency Act (FFATA) Sub -award Reporting System (FSRS) EMENOW (b) Infrastructure Investment and Jobs Act (IIJA) (Public Law 117-58, also known as the "Bipartisan Infrastructure Law") baps//vvww,.! cQ n. iress. ov 117 bi11s hr3684 8111...11..5 11 /Ihr.3684enir. df Federal Award Identification Number (FAIN): FAIN Award Date: SUB -2024- Boynton Bea -00224 Page 29 of 29 Amendment Number: Original 132 6.G Consent Agenda 11/7/2023 City of Boynton Beach Agenda Item Request Form Meeting Date: 11/ 7/2023 Proposed Resolution No. R23-164- Acceptance of the Florida Department of Transportation (FDOT) Occupant Protection Grant in the amount of $25,000. Requested Action: Approve and authorize the City Manager and Police Chief to sign all documents associated with the grant agreement, subject to the approval of the City Attorney, to accept the Florida Department of Transportation (FDOT) Occupant Protection Grant in the amount of $25,000. Explanation of Request: The Florida Department of Transportation (FDOT) State Safety Office has selected the City of Boynton Beach to receive $25,000 in sub -grant funding for the 2023-2024 funding cycle under the occupant protection and child passenger safety focus area. The funding is allocated for the payment of Officer overtime to conduct enforcement operations in high -frequency traffic crash and fatality locations. Enforcement of Florida's safety belt and child restraint laws will be accompanied with an educational opportunity to provide occupant protection information to the public. The Boynton Beach Police Department was awarded this grant in previous years. 2022/2023 - $45,000 2021/2022 - $35,000 How will this affect city programs or services? Preventative seat belt enforcement and education campaigns assist in reducing occupant protection related traffic crash injuries and fatalities. The Boynton Beach Police Department will review crash data to determine high frequency locations and conduct enforcement operations to raise awareness on the importance of adhering to occupant protection and child passenger safety laws. Fiscal Impact: No fiscal impact, grant funded. Attachments: R23-164 Resolution approving FDOT Occupant Protection Grant (2023-24) OP FDOTSubgrantAgreement-2024 (1).pdf 133 1 RESOLUTION NO. R23-164 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 AUTHORIZING THE CITY MANAGER AND POLICE CHIEF TO 5 SIGN ALL DOCUMENTS ASSOCIATED WITH THE GRANT 6 AGREEMENT, SUBJECT TO THE APPROVAL OF THE CITY 7 ATTORNEY, TO ACCEPT THE FLORIDA DEPARTMENT OF 8 TRANSPORTATION (FDOT) OCCUPANT PROTECTION 9 GRANT IN THE AMOUNT OF $25,000.00; AND PROVIDING 10 AN EFFECTIVE DATE. 11 12 13 WHEREAS, the Florida Department of Transportation (FDOT) State Safety Office has 14 selected the City of Boynton Beach to receive $25,000.00 in sub -grant funding for the 2023-24 15 funding cycle under the occupant protection and child passenger safety focus area; and 16 WHEREAS, the funding is allocated for the payment of Officer overtime to conduct 17 enforcement operations in high frequency traffic crash and fatality locations; and 18 WHEREAS, upon recommendation of staff, the City Commission has determined that 19 it is in the best interests of the residents of the City to approve and authorize the City Manager 20 and Police Chief to sign all documents associated with the grant agreement, subject to the 21 approval of the City Attorney, to accept the Florida Department of Transportation (FDOT) 22 Occupant Protection Grant in the amount of $25,000.00. 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 24 BOYNTON BEACH, FLORIDA, THAT: 25 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 26 being true and correct and are hereby made a specific part of this Resolution upon adoption 27 hereof. 28 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby S:ACA\RESO\Agreements\Grants\FDOT Occupant Protection Grant (2023-24) - Reso.docx 134 29 approve and authorize the City Manager and Police Chief to sign all documents associated with 30 the grant agreement, subject to the approval of the City Attorney, to accept the Florida 31 Department of Transportation (FDOT) Occupant Protection Grant in the amount of $25,000.00, 32 a copy of which is attached hereto as Exhibit "A". 33 Section 3. This Resolution shall become effective immediately upon passage. 34 PASSED AND ADOPTED this 7th day of November, 2023. 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 ATTEST: 53 54 55 Maylee De Jesus, MPA, MMC 56 City Clerk 57 58 59 (Corporate Seal) 60 61 62 63 64 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: Shawna G. Lamb City Attorney S:ACA\RESO\Agreements\Grants\FDOT Occupant Protection Grant (2023-24) - Reso.docx 135 Project Title: Boynton Beach Occupant Protection and Child Passenger Safety Program Project Number: OP -2024-00225 FDOT Contract Number: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) SUBGRANT FOR HIGHWAY TRAFFIC SAFETY FUNDS 500-065-01 SAFETY 09/23 For FD0T Use Only FDOT Contract Number: Project Number: OP -2024-00225 Federal Funds Awarded: $25,000 FDOT UEI/SAM Number: RFKGNHR7ZH37 Subgrant Award (Start) Date: Subgrant End Date: 09/30/2024 Part I: GENERAL ADMINISTRATIVE INFORMATION 1. Project Title: Boynton Beach Occupant Protection and Child Passenger Safety Program 2. Federal Funding: $25,000 Match: $ Total Cost: $25,000 3. Subrecipient Agency: 4. Implementing Agency: Agency Name: City of Boynton Beach Agency Name: Boynton Beach Police Department Address: 100 East Ocean Avenue Address: 2100 High Ridge Road City: Boynton Beach City: Boynton Beach State: Florida State: Florida Zip: 33435 Zip: 33426 5. Federal ID Number or 29 Digit FLAIR Account Number (State Agencies): 59-6000028 6. UEI/SAM Number: FYYMUAVJDKC6 7. Chief Financial Officer: 8. Project Director: (Can not receive any benefit under this subgrant) Name: Mara Frederiksen Name: Jaclyn Smith Address: 100 east Ocean Avenue Address: 2100 High Ridge Road City: Boynton Beach City: Boynton Beach State: Florida State: Florida Zip: 33435 Zip: 33426 Telephone: (561) 742-6312 Telephone: (561) 742-6195 E-mail: frederiksenm@bbfl.us E-mail: smithja@bbfl.us 9. Financial Reimbursement Contact: 10. Project Activity Contact: Name: Jaclyn Smith Name: Jaclyn Smith Title: Grants Manager Title: Grants Manager Telephone: (561) 742-6195 Telephone: (561) 742-6195 E -Mail: smithja@bbfl.us E -Mail: smithja@bbfl.us 11. Payment Remittance Address: Name: City of Boynton Beach Address: PO Box 310 City: Boynton Beach State: Florida Zip: 33425 SUB -2024- Boynton Bea -00225 Page 1 of 29 Amendment Number: Original 136 Project Title: Boynton Beach Occupant Protection and Child Passenger Safety Program Project Number: OP -2024-00225 FDOT Contract Number: Part II: PROJECT PLAN AND SUPPORTING DATA State clearly and in detail the aims of the project, precisely what will be done, who will be involved, and what is expected to result. Use the following major headings: 1. Statement of the Problem 2. Proposed Solution 3. Project Objectives 4. Evaluation 1. Statement of the Problem: 500-065-01 SAFETY 09/23 The City of Boynton Beach has an estimated population of approximately 80,000. During the winter months, there is a sharp increase in part time residents and tourist to the area. The City of Boynton Beach is located along the Atlantic Coast in the southern part of Palm Beach County. The city is approximately 16 square miles and lies between West Palm Beach, 10 miles to the north and City of Miami, which is approximately 50 miles to the south. There are nine major roadways within the city limits, including Boynton Beach Boulevard (State Road 804), which is the main roadway with an entrance/exit to Interstate 95 and Florida's Turnpike. According to the Florida Department of Transportation (FDOT) Fiscal Year 2024 Highway Safety Matrix - Ranking of Florida Cities, Occupant Protection category. Boynton Beach is ranked number 32 out of 37 Florida Group 1 Cities for serious injuries and fatalities in this category (Group 1: Population of 75,000 and above). Through our efforts over the years, the number of injuries and fatalities in relation to occupant protection in the City of Boynton Beach has slightly reduced. There is still a demonstrated need for dedicated education and enforcement programs to increase overall safety belt usage and decrease the number of injuries and fatalities associated with unrestrained or improperly restrained motor vehicle occupants. 2. Proposed Solution: The Boynton Beach Police Department (PD) has utilized funding from FDOT with great success over the past several years. With rapid growth and expansion comes a need to further enhance our efforts to reduce impaired driving related traffic crashes, fatalities and injuries through a comprehensive strategy based on deterrence enforcement, prevention, intervention, communication and outreach in and around this high incident area. The Boynton Beach Occupant Protection and Child Passenger Safety Program aims to reduce traffic crash fatalities and injuries due to unrestrained or improperly restrained occupants through education and enforcement. Boynton Beach PD will review available crash data in order to determine high frequency crash locations where occupants were not properly restrained. Through this funding, overtime will be paid to Boynton Beach PD officers to conduct high visibility enforcement operations at these locations. Enforcement of Florida's safety belt and child passenger restraint laws will be accompanied with an educational opportunity to provide occupant protection information to the public. The department will also participate in the National "Click It Or Ticket" public awareness and enforcement campaign. Boynton Beach PD will also conduct education initiatives in local high schools, senior centers, businesses, civic organizations and public forums to raise awareness of safety belts and child restraint laws. The department will review local traffic crash data to determine which population groups constitute a majority of the traffic crashes involving unrestrained or improperly restrained occupants. A special emphasis will be made to raise awareness within the identified groups. In addition, Boynton Beach PD will partner with local resources such as the Community Traffic Safety Team, the Law Enforcement Liaison Program, neighboring law enforcement agencies and local media outlets to promote occupant protection messages. Our agency will conduct a public engagement campaign through the use of message boards, local media outlets, social media, and/or press releases to raise awareness about the use of safety belts and child restraints least 8 times during the project period. In order to facilitate the delivery of this message, the Boynton Beach PD will partner with local resources such as Community Traffic Safety Team, Law Enforcement Liaison Program, neighboring law enforcement agencies and local media outlets. 3. Project Objectives: a. Start enforcement activities within 60 days of subgrant award, unless otherwise approved by the FDOT State Safety Office. SUB -2024- Boynton Bea -00225 Page 2 of 29 Amendment Number: Original 137 Project Title: Boynton Beach Occupant Protection and Child Passenger Safety Program Project Number: OP -2024-00225 FDOT Contract Number: 500-065-01 SAFETY 09/23 b. Strive to decrease occupant protection -related injuries and fatalities in the City of Boynton Beach by 3% when compared to the previous three-year average. c. Conduct a minimum of 12 occupant protection high visibility overtime enforcement operations during the project period. d. Participate in the National Click It Or Ticket campaign through occupant protection overtime enforcement operations and/or educational/community activities. e. Conduct and/or participate in 3 educational/community outreach events to increase occupant protection awareness during the project period. f. Provide occupant protection information and education to the public through the use of message boards, local media outlets, social media, and/or press releases at least 8 times during the project period. g. Increase the safety belt usage rate in the City of Boynton Beach by 2% during the project period. h. Conduct 3 nighttime occupant protection high visibility overtime enforcement operations during the project period. i. Conduct 3 child safety seat checks or child passenger safety classes during the project period. 4. Evaluation: a. Enforcement activity start date. b. Occupant protection -related injuries and fatalities are reduced by 3% in the City of Boynton Beach, compared to the previous three-year average. c. The number of occupant protection high visibility overtime enforcement operations conducted during the project period. d. The number of occupant protection -related overtime enforcement operations conducted and/or education/community activities conducted/participated in during the National Click It Or Ticket campaign. e. The number of educational/community outreach events conducted or participated in to increase occupant protection awareness during the project period. f. The number of instances that occupant protection information and education is provided to the public through the use of message boards, local media outlets, social media, and/or press releases during the project period. g. The safety belt usage rate in the City of Boynton Beach is increased by at least 2% during the project period. h. The number of nighttime (between the hours of 9:00 pm and 6:00 am) occupant protection high visibility overtime enforcement operations conducted during the project period. i. The number of child safety seat checks or child passenger safety classes conducted during the project period. SUB -2024- Boynton Bea -00225 Page 3 of 29 Amendment Number: Original 138 Project Title: Boynton Beach Occupant Protection and Child Passenger Safety Program 500-065-01 Project Number: OP -2024-00225 SAFETY FDOT Contract Number: 09/23 Part III: PROJECT DETAIL BUDGET Project Title: Boynton Beach Occupant Protection and Child Passenger Safety Program Project Number: OP -2024-00225 FDOT Contract Number: Each budget category subtotal and individual line item costs listed below cannot be exceeded. The FDOT State Safety Office may approve shifts between budget categories and line items via an amendment. BUDGET CATEGORY NARRATIVE FEDERAL FUNDS MATCH TOTAL COST INDIRECT ELIGIBLE A. Personnel Services Overtime Salary Only Overtime Salary for law enforcement officers. $25,000 $ $25,000 No Subtotal: $25,000 $ $25,000 B. Contractual Services Subtotal: $ $ $ C. Expenses Subtotal: $ $ $ D. Equipment Costing $5000 or More Subtotal: $ $ $ E. Indirect Cost Subtotal: $ $ Total Cost of Project: $25,000 $ $25,000 SUB -2024- Boynton Bea -00225 Page 4 of 29 Amendment Number: Original 139 Project Title: Boynton Beach Occupant Protection and Child Passenger Safety Program 500-065-01 Project Number: OP -2024-00225 SAFETY FDOT Contract Number: 09/23 Part IV: PERFORMANCE REPORT Project Title: Boynton Beach Occupant Protection and Child Passenger Safety Program Project Number: OP -2024-00225 FDOT Contract Number: Minimum Performance Standards The following are the minimum performance standards required in this subgrant agreement. The status of these standards will be reported using FDOT form number 500-065-19 Performance Report and shall be included with each request for reimbursement. 1. Submit request(s) for financial reimbursement. 2. Provide performance report(s). 3. Provide assistance and support for the Boynton Beach Occupant Protection and Child Passenger Safety Program. 4. Conduct occupant protection high visibility enforcement operations. 5. Conduct outreach/educational activities for occupant protection. 6. Collect and analyze crash data to determine focus areas for targeted occupant protection enforcement. National Highway Traffic Safety Administration (NHTSA) Required Activity Reporting The following statistics are required reporting for any traffic safety enforcement grant. (enforcement grants only) 1. Number of seat belt citations issued during subgrant-funded enforcement activities. 2. Number of impaired driving arrests made during subgrant-funded enforcement activities. 3. Number of speeding citations issued during subgrant-funded enforcement activities. SUB -2024- Boynton Bea -00225 Page 5 of 29 Amendment Number: Original 140 Project Title: Boynton Beach Occupant Protection and Child Passenger Safety Program 500-065-01 Project Number: OP -2024-00225 SAFETY FDOT Contract Number: 09/23 Part V: Acceptance and Agreement Conditions of Subgrant Agreement. Upon approval of this subgrant agreement for highway safety funds, the following terms and conditions shall become binding. The term "Subrecipient" referred to herein, will reference both the Subrecipient and its Implementing Agency. This agreement is line item specific and an amendment to the subgrant agreement is required for any reallocation of funds provided under this subgrant agreement. FEDERAL REGULATIONS 1. Access to Public Records and Monitoring. The Florida Department of Transportation (FDOT), National Highway Traffic Safety Administration (NHTSA), Federal Highway Administration (FHWA), Chief Financial Officer (CFO), and Auditor General (AG) of the State of Florida, or any of their duly authorized representatives, shall have access for the purpose of audit and examination of books, documents, papers, and records of the Subrecipient and to relevant books and records of the Subrecipient which are not protected from disclosure by State or Federal law, and its consultants and contractors under this subgrant agreement, as provided under applicable State or Federal law. In addition to review of audits conducted in accordance with 2 CFR Part 200, herein incorporated by reference, monitoring procedures will include on-site visits by Department staff, limited scope audits as defined by 2 CFR Part 200, and status checks of subgrant activity via telephone calls from FDOT State Safety Office staff to Subrecipients. By entering into this subgrant agreement, Subrecipients agree to comply and cooperate with monitoring procedures. In the event that a limited scope audit of the Subrecipient is performed, the Subrecipient agrees to bring the project into compliance with this subgrant agreement. The Subrecipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the CFO or AG to the extent allowed by State or Federal law. 2. Audit. The administration of resources awarded through the Department to the Subrecipient by this subgrant agreement may be subject to audits and/or monitoring by the Department. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of Federal awards or limit the authority of any State agency inspector general, the State of Florida Auditor General or any other State official. With the exception of documents protected by State law, the Subrecipient shall comply with all audit and audit reporting requirements as specified below. (a) In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F — Audit Requirements, monitoring procedures may include but not be limited to on-site visits by Department staff and/or other procedures including reviewing any required performance and financial reports, following up, ensuring corrective action, and issuing management decisions on weaknesses found through audits when those findings pertain to Federal awards provided through the Department by this subgrant agreement. By entering into this subgrant agreement, the Subrecipient agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. The Subrecipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Department, State of Florida Chief Financial Officer (CFO) or State of Florida Auditor General. (b) The Subrecipient, a non -Federal entity as defined by 2 CFR Part 200, Subpart F — Audit Requirements, as a subrecipient of a Federal award awarded by the Department through this subgrant agreement is subject to the following requirements: i. In the event the Subrecipient expends a total amount of Federal awards equal to or in excess of the threshold established by 2 CFR Part 200, Subpart F — Audit Requirements, the Subrecipient must have a Federal single or program -specific audit for such fiscal year conducted in accordance with the provisions of 2 CFR Part 200, Subpart F — Audit Requirements. Part VI to this subgrant agreement provides the required Federal award identification information needed by the Subrecipient to further comply with the requirements of 2 CFR Part 200, Subpart F — Audit Requirements. In determining Federal awards expended in a fiscal year, the Subrecipient must consider all sources of Federal awards based on when the activity related to the Federal award occurs, including the Federal award provided through the Department by this subgrant agreement. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by 2 CFR Part 200, Subpart F — Audit Requirements. An audit conducted by the State of Florida Auditor General in accordance with the provisions of 2 CFR Part 200, Subpart F — Audit Requirements, will meet the requirements of this part. ii. In connection with the audit requirements, the Subrecipient shall fulfill the requirements relative to the auditee responsibilities as provided in 2 CFR Part 200, Subpart F — Audit Requirements. SUB -2024- Boynton Bea -00225 Page 6 of 29 Amendment Number: Original 141 Project Title: Boynton Beach Occupant Protection and Child Passenger Safety Program Project Number: OP -2024-00225 FDOT Contract Number: 500-065-01 SAFETY 09/23 iii. In the event the Subrecipient expends less than the threshold established by 2 CFR Part 200, Subpart F — Audit Requirements, in Federal awards, the Subrecipient is exempt from Federal audit requirements for that fiscal year. However, the Subrecipient must provide a single audit exemption statement to the Department at 11:::1)011 SinglleAua.tit@dot.state„fl„us no later than nine months after the end of the Subrecipient's audit period for each applicable audit year. In the event the Subrecipient expends less than the threshold established by 2 CFR Part 200, Subpart F — Audit Requirements, in Federal awards in a fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F — Audit Requirements, the cost of the audit must be paid from non -Federal resources (i.e., the cost of such an audit must be paid from the Subrecipient's resources obtained from other than Federal entities). iv. Copies of reporting packages for audits conducted in accordance with 2 CFR Part 200, Subpart F — Audit Requirements, and required by this section, shall be submitted, when required by 2 CFR §200.512, by or on behalf of the Subrecipient directly to the Federal Audit Clearinghouse (FAC) as provided in 2 CFR §200.332 and §200.512. The FAC's website provides a data entry system and required forms for submitting the single audit reporting package. Updates to the location of the FAC and data entry system may be found at the OMB website. The FAC is the repository of record for audits required by 2 CFR Part 200, Subpart F — Audit Requirements, and this Agreement. However, the Department requires a copy of the audit reporting package also be submitted to FDOTSingleAudit@dot.state.fl.us within the earlier of 30 calendar days after receipt of the auditor's report(s) or nine months after the end of the audit period as required by 2 CFR Part 200, Subpart F — Audit Requirements. v. Within six months of acceptance of the audit report by the FAC, the Department will review the Subrecipient's audit reporting package, including corrective action plans and management letters, to the extent necessary to determine whether timely and appropriate action on all deficiencies has been taken pertaining to the Federal award provided through the Department by this subgrant agreement. If the Subrecipient fails to have an audit conducted in accordance with 2 CFR Part 200, Subpart F — Audit Requirements, the Department may impose additional conditions to remedy noncompliance. If the Department determines that noncompliance cannot be remedied by imposing additional conditions, the Department may take appropriate actions to enforce compliance, which actions may include but not be limited to the following: 1. Temporarily withhold cash payments pending correction of the deficiency by the Subrecipient or more severe enforcement action by the Department 2. Disallow (deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance 3. Wholly or partly suspend or terminate the Federal award 4. Initiate suspension or debarment proceedings as authorized under 2 CFR Part 180 and Federal awarding agency regulations (or in the case of the Department, recommend such a proceeding be initiated by the Federal awarding agency) 5. Withhold further Federal awards for the Project or program 6. Take other remedies that may be legally available vi. As a condition of receiving this Federal award, the Subrecipient shall permit the Department, or its designee, the CFO or State of Florida Auditor General access to the Subrecipient's records including financial statements, the independent auditor's working papers and project records as necessary. Records related to unresolved audit findings, appeals or litigation shall be retained until the action is complete or the dispute is resolved. vii. Copies of financial reporting packages required by this section shall be submitted by or on behalf of the Subrecipient directly to each of the following: Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0450 FDOTSingleAud it@dot.state.fl. us The Auditor General's Office at the following address: SUB -2024- Boynton Bea -00225 Page 7 of 29 Amendment Number: Original 142 Project Title: Boynton Beach Occupant Protection and Child Passenger Safety Program 500-065-01 Project Number: OP -2024-00225 SAFETY FOOT Contract Number: 09/23 Auditor General Local Government Audits/342 Claude Pepper Building, Room 401 111 West Madison Street Tallahassee, Florida 32399-1450 The Auditor General's website (https://flauditor.gov/) provides instructions for filing an electronic copy of a financial reporting package. viii. Any reports or other information required to be submitted to the Department pursuant to this Agreement shall be submitted timely in accordance with 2 CFR §200.512, section 215.97, Florida Statutes, and Chapters 10.550 (local government entities) and 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. ix. The Subrecipient, when submitting financial reporting packages to the Department for audits done in accordance with 2 CFR Part 200, Subpart F — Audit Requirements, or Chapters 10.550 (local government entities) and 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Subrecipient in correspondence accompanying the reporting package. (c) The Subrecipient shall retain sufficient records demonstrating its compliance with the terms of the award and this Agreement for a period of five years from the date the audit report is issued and shall allow the Department, or its designee, the CFO or State of Florida Auditor General access to such records upon request. The Subrecipient shall ensure that the audit working papers are made available to the Department, or its designee, the CFO, or State of Florida Auditor General upon request for a period of five years from the date the audit report is issued unless extended in writing by the Department. The Subrecipient shall further permit access to all Project records by the Secretary and Inspector General of the United States Department of Transportation and the Comptroller General of the United States, or their designees. (d) The Subrecipient shall permit, and shall require its contractors to permit, the Department's and NHTSA's authorized representatives to access the Project site; inspect all work, materials, payrolls, and records; and to audit the books, records and accounts pertaining to the financing and development of the Project. 3. Offsets. If, after subgrant completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this Agreement, the Department may offset the amount claimed from payments due for work or services under any other agreement it has with the Subrecipient if, upon demand, payment of the claimed amount is not made within 60 days to the Department. Offsetting any amount pursuant to this paragraph shall not be considered a breach of contract by the Department. 4. Buy America Act. The Subrecipient agrees to comply and require consultants and contractors to comply with all applicable standards, orders, and regulations issued pursuant to the Buy America Act, Buy America Act Waiver (Docket No. NHTSA-2015-0065) and NHTSA Guidance Buy American Act Procedure for Highway Safety Grant Programs (revised 11-20-2015) herein incorporated by reference. The Subrecipient shall include the following Buy America provisions in all subcontract awards: The Buy America Act prohibits the use of Federal highway safety grant funds to purchase any manufactured product or software/information technology systems whose unit purchase price is $5,000 or more, including motor vehicles, that is not produced in the United States. NHTSA may waive those requirements if (1) their application would be inconsistent with the public interest; (2) such materials and products are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or (3) the inclusion of domestic material will increase the cost of the overall project contract by more than 25 percent. Each manufactured end product must comply with the provisions of the Buy America Act. Additionally, any manufactured add-on to an end product is, itself, an end product that must comply with the Act. To be reimbursed with Federal highway safety grant funds for a purchase, a State must comply with the requirements of the Buy America Act. Non-compliance will result in denial of reimbursement. 5. Clean Air Act and Federal Water Pollution Control Act. Subgrant agreements for amounts in excess of $150,000 must comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). The Subrecipient shall include this provision in all subcontract awards in excess of $150,000. SUB -2024- Boynton Bea -00225 Page 8 of 29 Amendment Number: Original 143 Project Title: Boynton Beach Occupant Protection and Child Passenger Safety Program Project Number: OP -2024-00225 FDOT Contract Number: 500-065-01 SAFETY 09/23 6. Code of Conduct. The Subrecipient has established, will maintain, and enforce a written code or standard of conduct applicable to its officers, employees, board members or agents, and those individuals' relatives, that prohibits their involvement in the selection, award, or administration of any contract in connection with the Project if they have a present or potential financial or other significant interest therein and prohibits the acceptance of any gratuity, favor, or other thing of monetary value from any person interested or involved in the performance of work on the Project. (a) The Subrecipient agrees to the following disclosures: i. The Subrecipient shall disclose any conflict of interest identified as soon as reasonably possible, making an immediate and full disclosure in writing to NHTSA. The disclosure shall include a description of the action which the subrecipient has taken or proposes to take to avoid or mitigate such conflict. ii. NHTSA will review the disclosure and may require additional relevant information from the subrecipient. If a conflict of interest is found to exist, NHTSA may (a) terminate the award, or (b) determine that it is otherwise in the best interest of NHTSA to continue the award and include appropriate provisions to mitigate or avoid such conflict. iii. Conflicts of interests that require disclosure must include all past, present, or currently planned organizational, financial, contractual, or other interest(s) with an organization regulated by NHTSA or with an organization whose interests may be substantially affected by NHTSA activities, and which are related to this award. The interest(s) that require disclosure include those of any subrecipient, affiliate, proposed consultant, proposed subcontractor, and key personnel of any of the above. Past interest shall be limited to within one year of the date of the award. Key personnel shall include any person owning more than 20 percent interest in a subrecipient, and the officers, employees or agents of a subrecipient who are responsible for making decision or taking an action under an award where the decision or action can have an economic or other impact on the interests of a regulated or affected organization. 7. Conferences and Inspection of Work. Conferences may be held at the request of any party to this subgrant agreement. Representatives of the Department or the U.S. Department of Transportation (USDOT), or both, shall be privileged to visit the site for the purpose of inspection and assessment of work being performed at any time. 8. Contract Work Hours and Safety Standards Act. Where applicable, all subcontracts under this subgrant agreement in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 9. Debarment and Suspension. No subcontract issued under this subgrant agreement, will be made to parties listed on the governmentwide Excluded Parties List System in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR Part 1986 Comp., p. 189) and 12689 (3 CFR Part 1989 Comp., p. 235), "Debarment and Suspension." The Excluded Parties List System in SAM contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. 10. Disadvantaged Business Enterprises (DBE). (a) The Subrecipient agrees to the following assurance: The Subrecipient shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any USDOT-assisted contract or in the administration of its DBE program required by 49 CFR, Part 26, herein incorporated by reference. The Subrecipient shall take all necessary and reasonable steps under 49 CFR, Part 26 to ensure nondiscrimination in the award and administration of USDOT- assisted contracts. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this subgrant agreement. Upon notification to the Subrecipient of its failure to carry out its approved program, the USDOT may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.), herein incorporated by reference. SUB -2024- Boynton Bea -00225 Page 9 of 29 Amendment Number: Original 144 Project Title: Boynton Beach Occupant Protection and Child Passenger Safety Program Project Number: OP -2024-00225 FOOT Contract Number: 500-065-01 SAFETY 09/23 (b) The Subrecipient agrees to include the following assurance in each contract with a consultant or contractor and to require the consultant or contractor to include this assurance in all subcontract agreements: The consultant or contractor and subconsultant or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The consultant or contractor shall carry out applicable requirements of 49 CFR, Part 26 in the award and administration of USDOT-assisted contracts. Failure by the consultant or contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as the Subrecipient or the Department deems appropriate. 11. Methods of procurement. Subrecipients must follow the procurement standards in 2 CFR 200 sections 200.318 through 200.327. 12. Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms. (a) The Subrecipient must take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used when possible. (b) Affirmative steps must include: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; (5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and (6) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (b)(1) through (5) of this section. 13. Domestic Preference for Procurements. As appropriate and to the extent consistent with law, the Subrecipient should, to the greatest extent practicable under this Subgrant, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subcontracts including all purchase orders for work or products under this subgrant. For purposes of this section: (1) "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) "Manufactured products" means items and construction materials composed in whole or in part of non- ferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. 14. Equal Employment Opportunity. No person shall, on the grounds of race, color, religion, sex, handicap, or national origin, be excluded from participation in, be refused the benefits of, or be otherwise subjected to discrimination under this Agreement, or any project, program, or activity that receives or benefits from this Agreement. The Subrecipient agrees to comply with Executive Order (E.O.) 11246, as amended by E.O. 11375, and as supplemented by 41 CFR, Part 60, herein incorporated by reference. The Equal Opportunity Clause contained in 41 CFR section 60-1.4 is included in this Agreement by reference. SUB -2024- Boynton Bea -00225 Page 10 of 29 Amendment Number: Original 145 Project Title: Boynton Beach Occupant Protection and Child Passenger Safety Program Project Number: OP -2024-00225 FOOT Contract Number: 500-065-01 SAFETY 09/23 In connection with the carrying out of the Project, the Subrecipient shall not discriminate against any employee or applicant for employment because of race, age, creed, color, sex or national origin and will comply with all Federal statutes and implementing regulations relating to nondiscrimination. The Subrecipient will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, age, creed, color, sex, or national origin. Such action shall include, but not be limited to, the following: Employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Subrecipient shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the development or operation of the Project, except contracts for standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the Project involves installation, construction, demolition, removal, site improvement, or similar work, the Subrecipient shall post, in conspicuous places available to employees and applicants for employment for Project work, notices. 15. No Federal Obligation. This agreement is financed by federal funds. However, payments to the subrecipient will be made by the Department. The United States is not a party to this Agreement and no reference in this Agreement, to the United States, USDOT, NHTSA, or any representatives of the federal government makes the United States a party to this Agreement. 16. Nondiscrimination. Subrecipients will comply with all Federal statutes and implementing regulations relating to nondiscrimination ("Federal Nondiscrimination Authorities"). These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin), 49 CFR part 21, and 28 CFR 50.3 (b) The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects) (c) Federal -Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex) (d) Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27 (e) The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age) (f) The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal aid recipients, Subrecipient's and contractors, whether such programs or activities are Federally -funded or not) (g) Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38 (h) Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low - Income Populations (prevents discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations) (i) Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (guards against Title VI national origin discrimination/discrimination because of limited English proficiency (LEP) by ensuring that funding recipients take reasonable steps to ensure that LEP persons have meaningful access to programs (70 FR 74087-74100) (j) Executive Order 13985, Advancing Racial Equity and Support for Underserved Communities through the Federal Government by ensuring that equity is advanced across the Federal Government (k) Executive Order 13988, Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation by ensuring that sex discrimination includes discrimination on the grounds of gender identity or sexual orientation (1) Nondiscrimination Clause. During the performance of this subgrant, the Subrecipient agrees: (a) To comply with all Federal nondiscrimination laws and regulations, as may be amended from time to time SUB -2024- Boynton Bea -00225 Page 11 of 29 Amendment Number: Original 146 Project Title: Boynton Beach Occupant Protection and Child Passenger Safety Program Project Number: OP -2024-00225 FDOT Contract Number: 500-065-01 SAFETY 09/23 (b) Not to participate directly or indirectly in the discrimination prohibited by any Federal non-discrimination law or regulation, as set forth in Appendix B of 49 CFR Part 21 and herein (c) To permit access to its books, records, accounts, other sources of information, and its facilities as required by the FDOT State Safety Office, USDOT or NHTSA (d) That, in event a Subrecipient fails to comply with any nondiscrimination provisions in this subgrant, the FDOT State Safety Office will have the right to impose such subgrant sanctions as it or NHTSA determine are appropriate, including but not limited to withholding payments to the Subrecipient under the contract/agreement until the Subrecipient complies; and/or cancelling, terminating, or suspending a contract or funding agreement, in whole or in part. (e) To insert this clause, including paragraphs (a) through (e), in every subcontract and sub -agreement and in every solicitation for a subcontract or sub -agreement, which receives Federal funds under this program 17. Ownership of Data and Creative Material. The ownership of material, discoveries, inventions and results developed, produced, or discovered by this subgrant agreement are governed by the terms of 2 CFR, Section 200.315, Intangible Property, herein incorporated by reference. The Subrecipient may copyright any work that is subject to copyright and was developed, or for which ownership was acquired, under this Subgrant. The Federal and State awarding agency reserves a royalty -free, nonexclusive and irrevocable right to reproduce, publish, or otherwise use the work for Federal and State purposes, and to authorize others to do so. The Federal Government has the right to: (1) Obtain, reproduce, publish, or otherwise use the data produced under a Federal award; and (2) Authorize others to receive, reproduce, publish, or otherwise use such data for Federal and State purposes. 18. Political Activity. The Subrecipient will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 19. Prohibition on certain telecommunications and video surveillance services or equipment. Subrecipients are prohibited from obligating or expending loan or subgrant funds to: (1) Procure or obtain; (2) Extend or renew a contract to procure or obtain; or (3) Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). 20. Property Accountability. The Subrecipient shall establish and administer a system to control, protect, preserve, use, and maintain and dispose of any property furnished by the Department, or purchased pursuant to this subgrant agreement in accordance with Federal Property Management Standards as set forth in 49 CFR, Section 18.32, 49 CFR 19, Section 19.34, or 2 CFR, 200.310-200.316, herein incorporated by reference. This obligation continues as long as the property is retained by the Subrecipient notwithstanding the ending of this subgrant agreement. 21. Restrictions on Lobbying. The Subrecipient agrees to comply and require consultants and contractors to comply with 49 CFR, Part 20, New Restrictions on Lobbying, herein incorporated by reference, for filing of certification and disclosure forms. (a) Certification Regarding Federal Lobbying. The Subrecipient certifies, to the best of his or her knowledge and belief, that: i. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. SUB -2024- Boynton Bea -00225 Page 12 of 29 Amendment Number: Original 147 Project Title: Boynton Beach Occupant Protection and Child Passenger Safety Program 500-065-01 Project Number: OP -2024-00225 SAFETY FOOT Contract Number: 09/23 ii. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. iii. The Subrecipient shall require that the language of this certification be included in the award documents for all sub -award at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative agreements) and that all Subrecipients shall certify and disclose accordingly. iv. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 31 U.S.0 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. (b) Restriction on State Lobbying. None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., "grassroots") lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal. 22. Termination and Suspension. (a) Generally. If: (i) the Subrecipient abandons or, before the end of the federal fiscal year for which financial assistance for the Project is provided under this Agreement, finally discontinues the Project; (ii) the Subrecipient fails to comply with applicable law or the terms of this Agreement; or (iii) for any other reason, the commencement, prosecution, or timely completion of the Project by the Subrecipient is rendered improbable, infeasible, impossible, or illegal, the Department may, by written notice to the Subrecipient, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected, or the Department may terminate any or all of its obligations under this Agreement. Termination of this Agreement shall be governed by the provisions of 2 CFR Part 200.340-343. (b) Actions Upon Termination or Suspension. Upon receipt of any final termination or suspension notice from the Department, the Subrecipient shall proceed promptly to carry out the actions required in such notice, which may include any or all of the following: (1) necessary action to terminate or suspend, as the case may be, Project activities and contracts and such other action as may be required or desirable to keep to the minimum the costs upon the basis of which the financing is to be computed; (2) furnish a statement of the Project activities and contracts, and other undertakings the cost of which are otherwise includable as Project costs; and, (3) remit to the Department such portion of the financing and any advance payment previously received as is determined by the Department to be due under the provisions of the Agreement. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and budget as approved by the Department or upon the basis of terms and conditions imposed by the Department upon the failure of the Subrecipient to furnish the schedule, plan, and budget within a reasonable time. The approval of a remittance by the Subrecipient shall not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement. (c) Termination for Convenience. In accordance with Appendix II to 2 CFR Part 200—Contract Provisions for Non -Federal Entity Contracts Under Federal Awards, either Party may terminate this Agreement for convenience upon thirty (30) days' advance written notice to the other Party. Termination of this Agreement, as such, will not affect payment for services satisfactorily furnished prior to the termination. 23. Human Trafficking. The Subrecipient shall include a provision in each contract it enters into with a private entity in connection with the Project by which the Subrecipient's contractor agrees that it and its employees that perform any work on the Project shall not, during the term of this Agreement, engage in trafficking in persons, procure a commercial sex act, or use forced labor in the performance of work on the Project. 24. Unauthorized Aliens. The Department shall consider the employment by the Subrecipient of unauthorized aliens a violation of Section 274A of the Immigration and Nationality Act. If the Subrecipient knowingly employs unauthorized aliens, such violation will be cause for unilateral cancellation of this Agreement. SUB -2024- Boynton Bea -00225 Page 13 of 29 Amendment Number: Original 148 Project Title: Boynton Beach Occupant Protection and Child Passenger Safety Program Project Number: OP -2024-00225 FOOT Contract Number: 500-065-01 SAFETY 09/23 25. Title VII - Civil Rights Act of 1964. Execution of this Agreement constitutes a certification that the Subrecipient will comply with all the requirements imposed by Title VI I of the Civil Rights Act of 1964 (42 U.S.C. 1981, et seq.), which among other things, prohibits discrimination in employment on the basis of race, color, national origin, creed, sex, and age. 26. Americans with Disabilities Act of 1990 (ADA). Execution of this Agreement constitutes a certification that the Subrecipient will comply with all the requirements imposed by the ADA (42 U.S.C. 12101, et seq.), the regulations of the federal government issued thereunder, and the assurance by the Subrecipient pursuant thereto. 27. Integrity Certification. By signing this Subgrant Agreement, the Subrecipient certifies that neither it nor its contractors are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in this Agreement by any federal department or agency. This certification is a material representation of fact upon which the Department is relying in entering this Agreement. If it is later determined that the Subrecipient knowingly rendered an erroneous certification, in addition to other remedies available to the federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. The Subrecipient shall provide to the Department immediate written notice if at any time the Subrecipient learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 28. Federal Encouragements. (a) Vehicle Pursuits. Pursuant to 23 U.S.C. 4020), all law enforcement agencies are encouraged to follow the guidelines established for vehicular pursuits issued by the International Association of Chiefs of Police that are currently in effect. (b) Policy on Banning Text Messaging While Driving. In accordance with Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving, and DOT Order 3902.10, Text Messaging While Driving, subrecipients are encouraged to: i. Adopt and enforce workplace safety policies to decrease crashes caused by distracted driving, including policies to ban text messaging while driving company-owned or rented vehicles, Government-owned, leased or rented vehicles, or privately -owned vehicles when on official business or when performing any work on behalf of the subrecipient agency and/or the Government. ii. Conduct workplace safety initiatives in a manner commensurate with the size of the business, such as establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving, and education, awareness, and other outreach to employees about the safety risks associated with texting and driving. iii. Insert the substance of this section, including this sentence, in all sub-agreement/subcontracts funded with the subaward provided under this Agreement that are $15,000 or more. 29. Reversion of Unexpended Subgrant Funds. All funds granted by the Department under this Agreement that have not been expended during the term of this Agreement shall revert to the Department. STATE REGULATIONS 30. Compliance with State Procurement of Personal Property and Services Laws. The Subrecipient agrees to comply with all applicable provisions of Chapter 287, Florida Statutes (F.S.). The following provisions are stated in this subgrant agreement pursuant to sections 287.133(2)(a) and 287.134(2)(a), F.S. (a) Section 287.133 (2)(a), F.S. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in section 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. (b) Section 287.134 (2)(a), F.S. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. SUB -2024- Boynton Bea -00225 Page 14 of 29 Amendment Number: Original 149 Project Title: Boynton Beach Occupant Protection and Child Passenger Safety Program 500-065-01 Project Number: OP -2024-00225 SAFETY FOOT Contract Number: 09/23 (c) The convicted vendor list and discriminatory vendor list can be found on the Florida Department of Management Services (DMS) website. 31. Compliance with State Public Records Laws. The Subrecipient agrees to comply with all provisions provided in Chapter 119 F.S. If the Subrecipient receives a public records request concerning its work undertaken pursuant to this Department subgrant agreement, the Subrecipient must take appropriate action as required by Chapter 119, F.S. If the Subrecipient is unable to ascertain how best to comply with its obligations, it should seek the advice of counsel and/or FDOT State Safety Office. The Department shall unilaterally cancel this subgrant agreement if the Subrecipient refuses to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, F.S., and made or received by the Subrecipient in conjunction with this subgrant agreement. 32. Cooperation with Inspector General. It is the duty of every Subrecipient to cooperate with the inspector general in any investigation, audit, inspection, review, or hearing pursuant to this subgrant agreement. Section 20.055(5), F.S. The Subrecipient agrees to comply with Section 20.055(5), F.S., and to incorporate in all subcontracts the obligation to comply with Section 20.055(5), F.S. 33. E -Verify. Subrecipients: (a) Shall utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the Vendor/Contractor during the term of the contract; and (b) Shall expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. 34. Indemnification and Insurance. (a) Indemnification. To the extent permitted by law and as limited by and pursuant to the provisions of Section 768.28, Florida Statutes, the Subrecipient shall indemnify and hold harmless the Department, including the Department's officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the Subrecipient and persons employed or utilized by the Subrecipient in the performance of this Agreement. This indemnification shall survive the termination of this Agreement. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the State of Florida and the Subrecipient's sovereign immunity. (b) Subrecipient Contracts. Subrecipient agrees to include the following indemnification clause in all contracts with contractors, subcontractors, consultants, or subconsultants who perform work in connection with this Agreement (modified to appropriately identify the parties): "To the fullest extent permitted by law, the Subrecipient's contractor/consultant shall indemnify and hold harmless the Subrecipient and the State of Florida, Department of Transportation, including the Department's officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the contractor/consultant and persons employed or utilized by the contractor/consultant in the performance of this Agreement. This indemnification shall survive the termination of this Agreement. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the State of Florida and the Subrecipient's sovereign immunity." (c) Workers' Compensation. The Subrecipient shall provide Workers' Compensation Insurance in accordance with Florida's Workers' Compensation law for all employees. If contracting for any of the work, the Subrecipient shall ensure that its contractors have Workers' Compensation Insurance for their employees in accordance with Florida's Workers' Compensation law. If using "leased employees" or employees obtained through professional employer organizations ("PEO's"), the Subrecipient shall ensure that such employees are covered by Workers' Compensation insurance through the PEO's or other leasing entities. Ensure that any equipment rental agreements that include operators or other personnel who are employees of independent contractors, sole proprietorships or partners are covered by insurance required under Florida's Workers' Compensation law. 35. Reimbursement Obligation. The State of Florida's performance and obligation to reimburse the Subrecipient shall be subject to the availability of Federal highway safety funds and an annual appropriation by the Legislature. SUB -2024- Boynton Bea -00225 Page 15 of 29 Amendment Number: Original 150 Project Title: Boynton Beach Occupant Protection and Child Passenger Safety Program Project Number: OP -2024-00225 FOOT Contract Number: 500-065-01 SAFETY 09/23 36. Responsibility for Claims and Liability. Subject to the limitations of Section 768.28, F.S., the Subrecipient shall be required to defend, hold harmless and indemnify the Department, NHTSA, FHWA, and USDOT, from all claims and liability, or both, due to negligence, recklessness, or intentional wrongful misconduct of Subrecipient, and its contractor, consultant, agents and employees. The Subrecipient shall be liable for any loss of, or damage to, any material purchased or developed under this subgrant agreement which is caused by the Subrecipient's failure to exercise such care in regard to said material as a reasonable careful owner of similar materials would exercise. The parties executing this subgrant agreement specifically agree that no provision in this subgrant agreement is intended to create in the public or any member thereof, a third -party beneficiary, or to authorize anyone not a party to this subgrant agreement to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this subgrant agreement. 37. Restrictions on Lobbying. No funds subgranted hereunder shall be used for the purpose of lobbying the legislature, judicial branch, or state agencies, per Section 216.347, F.S. 38. Retention of Records. The Subrecipient shall retain sufficient records demonstrating its compliance with the terms of this subgrant agreement for a period of five years from the date the audit report is issued, and shall allow the Department, or its designee, the state CFO, or AG access to such records, which are not protected by State law, upon request. The Subrecipient shall ensure that the independent audit working papers are made available to the Department, or its designee, the state CFO, or AG upon request for a period of at least five years from the date the audit report is issued, unless extended in writing by the Department. 39. Tangible Property. Property purchased under this subcontract does not qualify as Tangible Personal Property as defined by Chapter 273, F.S. MISCELLANEOUS PROVISIONS 40. Prohibited Interests. The Subrecipient shall not enter into a contract or arrangement in connection with the Project or any property included or planned to be included in the Project, with any officer, director or employee of the Subrecipient, or any business entity of which the officer, director or employee or the officer's, director's or employee's spouse or child is an officer, partner, director, or proprietor or in which such officer, director or employee or the officer's, director's or employee's spouse or child, or any combination of them, has a material interest. i. "Material Interest" means direct or indirect ownership of more than 5% of the total assets or capital stock of any business entity. ii. The Subrecipient shall not enter into any contract or arrangement in connection with the Project or any property included or planned to be included in the Project, with any person or entity who was represented before the Subrecipient by any person who at any time during the immediately preceding two (2) years was an officer, director or employee of the Subrecipient. iii. The provisions of this subsection shall not be applicable to any agreement between the Subrecipient and its fiscal depositories, any agreement for utility services the rates for which are fixed or controlled by the government, or any agreement between the Subrecipient and an agency of state government. 41. Interest of Members of, or Delegates to, Congress or Legislature. No member or delegate to the Congress of the United States, or the State of Florida legislature, shall be admitted to any share or part of the Agreement or any benefit arising therefrom. 42. Department Not Obligated to Third Parties. The Department shall not be obligated or liable under this Agreement to any party other than the Subrecipient. It is specifically agreed between the Parties executing this Agreement that it is not intended by any of the provisions of any part of this Agreement to create in the public or any member thereof, a third -party beneficiary under this Agreement, or to authorize anyone not a party to this Agreement to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this Agreement. 43. Relationship of Panties. The Subrecipient, its employees, contractors, subcontractors, consultants, and subconsultants are not agents of the Department as a result of this Agreement. 44. When Rights and Remedies Not Waived. In no event shall the making by the Department of any payment to the Subrecipient constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist, on the part of the Subrecipient, and the making of such payment by the Department while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. 45. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. SUB -2024- Boynton Bea -00225 Page 16 of 29 Amendment Number: Original 151 Project Title: Boynton Beach Occupant Protection and Child Passenger Safety Program Project Number: OP -2024-00225 FOOT Contract Number: 500-065-01 SAFETY 09/23 46. Sovereign Immunity. Nothing in this Agreement shall constitute a waiver by either party of its sovereign immunity for any damages claimed by third parties. 47. Bonus or Commission. By execution of the Agreement the Subrecipient represents that it has not paid and, also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. 48. Notices. Any notice, demand, or request which is required to be given under this Agreement in writing shall be delivered to the following address: Florida Department of Transportation Attn: Traffic Safety Administrator State Safety Office, MS 53 605 Suwannee Street Tallahassee, Florida 32399-0450 49. Agreement Format. All words used in this Agreement in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. 50. Jury Trial Waiver. The Subrecipient and the Department hereby irrevocably and unconditionally waive trial by jury in any legal action or proceeding relating to this agreement and for any counterclaim therein. 51. Execution of Agreement. This Agreement may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same instrument. 52. Agreement not Assignable. The Subrecipient may not assign any of its rights or obligations under this Agreement. 53. IRS Form 990 Annual Report and Executive Compensation Reporting. Pursuant to Governor's Executive Order 20-44, if the Subrecipient is required by the Internal Revenue Code to file IRS Form 990 and is named in statute with which the Department must form a sole -source, public-private agreement; or through contract or other agreement with the State, annually receives 50% or more of its budget from the State or from a combination of State and Federal funds, Subrecipient-shall submit an Annual Report to the Department, including the most recent IRS Form 990, detailing the total compensation for each member of the Subrecipient-executive leadership team. Total compensation shall include salary, bonuses, cashed -in leave, cash equivalents, severance pay, retirement benefits, deferred compensation, real -property gifts, and any other payout. Subrecipient shall inform the Department of any changes in total executive compensation during the period between the filing of Annual Reports required by this Amendment within 60 days of any change taking effect. All compensation reports shall detail the percentage of executive leadership compensation received directly from all State and/or Federal allocations to the Subrecipient. Annual Reports shall be in the form approved by the Department and shall be submitted to the Department at fdotsingleaudit@dot.state.fl.us within 180 days following the end of each tax year of the Subrecipient-receiving Department funding. GRANT MANAGEMENT 54. Amendments. The Subrecipient shall obtain prior written approval from the FDOT State Safety Office for changes to this subgrant agreement. Amendments to this subgrant agreement will be approved if the modification(s) to be made will achieve or improve upon the outcome of this subgrant agreement's scope of work, or where factors beyond the control of the Subrecipient require the change. Requested amendments to this subgrant agreement shall be in the form of a written request signed by one of the original signatories of this subgrant agreement, or successor in the same position. Specific delegation(s) for amendments must be provided in writing from the original signatory of the Subrecipient. 55. Disputes and Appeals. Any dispute, disagreement, or question of fact arising under this subgrant agreement may be addressed to the Traffic Safety Administrator of the FDOT State Safety Office in writing. The Traffic Safety Administrator's decision may be appealed in writing within 30 calendar days from the notification to the Governor's Highway Safety Representative, whose decision is final. Addresses are: Florida Department of Transportation Florida Department of Transportation Attn: Traffic Safety Administrator Attn: Governor's Highway Safety Representative State Safety Office, MS 53 State Safety Office, MS 53 605 Suwannee Street 605 Suwannee Street Tallahassee, Florida 32399-0450 Tallahassee, Florida 32399-0450 The Subrecipient shall proceed diligently with the performance of this subgrant agreement and in accordance with the Department's decision(s). SUB -2024- Boynton Bea -00225 Page 17 of 29 Amendment Number: Original 152 Project Title: Boynton Beach Occupant Protection and Child Passenger Safety Program Project Number: OP -2024-00225 FOOT Contract Number: 500-065-01 SAFETY 09/23 56. Equipment. Any equipment purchased under this subgrant agreement with highway safety funds shall not replace previously purchased equipment that is damaged, stolen, lost, or that wears out as a result of misuse, whether the equipment was purchased with federal, state, or local funds. (a) Use of Equipment. All equipment shall be used for the originally authorized subgrant agreement purpose(s) for as long as needed for those purposes. Subrecipients must maintain an inventory control system that has adequate safeguards in place to prevent loss, damage, or theft. (b) Equipment Costing $5,000 or more. Equipment with a useful life of more than one year and an acquisition cost of $5,000 or more per unit shall be subject to the following requirements: i. Biannual certification of appropriate use and condition of equipment shall be provided to the FDOT State Safety Office. ii. Dispositions must be requested and shall receive prior written approval from the FDOT State Safety Office. (c) Disposition of Equipment Costing $5,000 or more. In the event the equipment is no longer needed for the originally authorized subgrant agreement purpose(s) or has reached the end of its useful life, Subrecipients should use the Equipment Disposition Request Form 500-065-026 to coordinate with the FDOT State Safety Office to obtain required approvals to dispose of the equipment or transfer the equipment to another agency for use. (d) Disposition of Equipment Costing Less than $5,000. Equipment that does not meet the unit purchase price threshold of $5,000 should be disposed of in accordance with the agency's own procurement and disposition policies. Documentation of this disposition should be noted in the Subrecipient files. (e) Equipment Replacement or Repair. The Subrecipient is responsible, at their own cost, for replacing or repairing any equipment purchased with Federal highway safety funds that is damaged, stolen, or lost, or that wears out as a result of misuse. The FDOT State Safety Office retains the right to replace or repair any equipment for statewide programs based on exceptional individual circumstances. (f) Equipment Repossession. Ownership of all equipment purchased with Federal highway safety funds rests with the Subrecipient; however, the USDOT maintains an interest in the equipment and title vests in the Subrecipient subject to several conditions and obligations under 2 CFR Section 200.313. The Subrecipient must use the equipment for the authorized purposes of the project, whether or not the project continues to be supported by the Federal award, unless the FDOT State Safety Office, on behalf of USDOT, provides written authorization for another use of the equipment that is permissible under 2 CFR Section 200.313. Any equipment purchased with Federal highway safety funds that is not being used by the Subrecipient for the purposes described in the project or in accordance with other authorized uses under 2 CFR Section 200.313, is subject to repossession by the FDOT State Safety Office, on behalf of the USDOT. Items that are repossessed shall be disbursed to agencies that agree to use the equipment for the activity described in this project or for other uses authorized by USDOT. 57. Expense Purchases for $200 or more: Any office, training, communication, or computer supplies (including computers) with a per item unit cost of $200 or more within the Expense Category, excluding software, must have FDOT State Safety Office written approval, prior to purchase. 58. Excusable Delays. Except with respect to the defaults of Subrecipient's consultants and contractors which shall be attributed to the Subrecipient, the Subrecipient shall not be in default by reason of any failure in performance of this subgrant agreement in accordance with its terms if such failure arises out of causes beyond the control and without the fault or negligence of the Subrecipient. Such causes are acts of God or of the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather, but in every case the failure to perform must be beyond the control and without the fault or negligence of the Subrecipient. If the failure to perform is caused by the failure of the Subrecipient's consultant or contractor to perform or make progress, and if such failure arises out of causes beyond the control of the Subrecipient and its consultant or contractor, and without the fault or negligence of any of them, the Subrecipient shall not be deemed to be in default, unless (1) the supplies or services to be furnished by the consultant or contractor were obtainable from other sources, (2) the FDOT State Safety Office shall have ordered the Subrecipient in writing to procure such supplies or services from other sources, and (3) the Subrecipient shall have failed to comply reasonably with such order. Upon request of the Subrecipient, the FDOT State Safety Office shall ascertain the facts and extent of such failure and, if it shall be determined that any failure to perform was occasioned by any one or more of the said causes, the delivery schedule shall be revised accordingly. SUB -2024- Boynton Bea -00225 Page 18 of 29 Amendment Number: Original 153 Project Title: Boynton Beach Occupant Protection and Child Passenger Safety Program Project Number: OP -2024-00225 FOOT Contract Number: 500-065-01 SAFETY 09/23 If the Subrecipient is unable to fulfill the activities stated in the Proposed Solution or Project Objectives in this agreement (Part II: PROJECT PLAN AND SUPPORTING DATA) due to the COVID-19 pandemic, the Subrecipient must contact the FDOT State Safety Office immediately to discuss potential amendments and/or alternate plans. 59. How this Subgrant Agreement is Affected by Provisions Being Held Invalid. If any provision of this subgrant agreement is held invalid, the remainder of this subgrant agreement shall not be affected. In such an instance, the remainder would then continue to conform to the terms and requirements of applicable law. The Subrecipient acknowledges that federal grant requirements are subject to change and agrees that the most recent requirements shall govern its obligations under this Agreement at all times. 60. Ineligibility for Future Funding. The Subrecipient agrees that the Department shall find the Subrecipient ineligible for future funding for any of the following reasons: (a) Failure to provide the required audits (b) Failure to provide required performance and final narrative reports in the required time frame (c) Failure to perform work described in Part II of this subgrant agreement (d) Failure to provide reimbursement requests and performance reports in a timely manner (e) Providing fraudulent performance reports or reimbursement requests (f) Misuse of equipment purchased with Federal highway safety funds 61. Performance. In the event of default, noncompliance, or violation of any provision of this subgrant agreement by the Subrecipient, the Subrecipient's consultant(s) or contractor(s) and supplier(s), the Subrecipient agrees that the Department will impose sanctions. Such sanctions include withholding of reimbursements, retainage, cancellation, termination, or suspension of this subgrant agreement in whole or in part. In such an event, the Department shall notify the Subrecipient of such decision 30 days in advance of the effective date of such sanction. The sanctions imposed by the Department will be based upon the severity of the violation, the ability to remedy, and the effect on the project. The Subrecipient shall be paid only for those services satisfactorily performed prior to the effective date of such sanction. 62. Personnel Hired or Paid Under this Subgrant Agreement. (a) Project Director. Persons holding the position of Project Director for this subgrant agreement shall not receive reimbursement for personnel hours nor receive any other benefit under this subgrant agreement. (b) Employer Responsibility. Any and all employees of the Subrecipient whose positions are funded, in whole or in part through this subgrant agreement, shall be the employee of the Subrecipient only, and any and all claims that may arise from said employment relationship shall be the sole obligation and responsibility of the Subrecipient. Personnel hours will only be reimbursed based on actual hours worked on this subgrant agreement. No other allocation method is allowable for reimbursement. (c) Bonuses or stipends. Bonuses or one-time stipends issued to Subrecipient employees will not be eligible for subgrant reimbursement, as they are not considered salary and are an addition to the salary amounts approved for Subgrant execution. Increases in Subgrant employee salary must be approved by the FDOT State Safety Office. Annual fluctuations in benefits approved in the Subgrant are allowable and eligible for reimbursement. (d) Overtime. i. Overtime Hours. Subgrant funds cannot be used to supplant standard activity hours; therefore, only hours qualifying as "overtime", per the Subrecipient policies will be eligible for reimbursement by this subgrant agreement. In the event a Subrecipient is awarded more than one subgrant agreement within a federal fiscal year, overtime hours for each traffic safety effort must be tracked, reported, and billed based on hours worked for each subgrant agreement type. ii. Reserve Officer Hours. Subgrant funds can be used to reimburse detail pay for reserve officers to perform traffic safety enforcement. An agency must have an active policy authorizing payment for reserve officer detail to receive reimbursement for reserve officer hours. SUB -2024- Boynton Bea -00225 Page 19 of 29 Amendment Number: Original 154 Project Title: Boynton Beach Occupant Protection and Child Passenger Safety Program Project Number: OP -2024-00225 FOOT Contract Number: 500-065-01 SAFETY 09/23 iii. Overtime Rate. Overtime hours are intended for enhanced/increased traffic safety activities. The overtime pay rate for personnel is based on actual cost per employee in accordance with the Subrecipient's payroll policy. Each Subrecipient shall comply with Fair Labor Standards Act (FLSA) requirements and thresholds for overtime accrual and payment and its own policies and procedures, insofar as those policies apply uniformly to both federally financed and other activities of the Subrecipient, as required by 2 CFR 200.403(c). Additional hours may be called overtime, off duty, extra, additional, etc., as long as it enhances/increases traffic safety activities. A copy of the policy shall be maintained by the Subrecipient and made available for review if requested. 63. Reports. The following reports are required for reimbursement of subgrant funding: (a) Performance Reports. (FDOT Form No. 500-065-19). A performance report shall be provided with each request for financial reimbursement, providing the status of the subgrant minimum performance standards, as described in Part IV of this subgrant agreement. (b) Final Narrative Report. (FDOT Form No. 500-065-20). A Final Narrative Report giving a chronological history of the subgrant activities, problems encountered, major accomplishments, and NHTSA Required Activity Reporting shall be submitted by October 31. Requests for reimbursement will not be processed and will be returned to the Subrecipient as unpaid if the required reports are not provided, following notification. (c) Enforcement Activity Reports. Enforcement Activity Report(s) for each type of enforcement shall be provided with each request for financial reimbursement for overtime worked. Agency specific activity reports may be used, if those reports include all information detailed in each FDOT Activity Form. (d) Other Reports. The FDOT State Safety Office reserves the right to require other reports not specified above, as necessary, for subgrant agreement monitoring. 64. Term of this Subgrant Agreement. Each subgrant agreement shall begin on the date the last party signs this subgrant agreement and shall end on September 30, unless otherwise stipulated by the FDOT State Safety Office on the first page of this respective subgrant agreement. In the event this subgrant agreement is for services in excess of $25,000.00 and a term for a period of more than 1 year, the provisions of Section 339.135 (6)(a), F.S., are hereby incorporated: "The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the Comptroller of the Department that such funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000.00 and which have a term for a period of more than 1 year." 65. Travel. (a) Required Forms. Travel costs for approved travel shall be submitted on the FDOT Contractor Travel Form (FDOT Form No. 300-000-06) or other approved Florida Department of Financial Services form and will be reimbursed in accordance with Section 112.061, F.S. and the most current version of the Disbursement Handbook for Employees and Managers. (b) Authorization and Restriction. All travel authorized under this subgrant shall be subject to any additional authorization requirements or restrictions imposed by: the Governor's Executive Order or other guidance; any requirements or forms for travel cost reimbursement imposed by the Subrecipient that do not violate FDOT travel cost reimbursement requirements; and/or FDOT during the subgrant period. (c) Prerequisite Approvals. All subgrant travel that has billable costs shall require a written request for approval from the FDOT State Safety Office prior to the incurring of actual travel costs. Request should include sufficient justification to prove that the travel will have significant benefits to the outcome of the subgrant activities and is within the travel budget of the project and relevant to the project. Additional detail is required if the travel meets any of the following criteria: i. Purchase of Air fare ii. Travel to conference iii. Travel which includes a registration fee iv. Out-of-subgrant-specified work area travel SUB -2024- Boynton Bea -00225 Page 20 of 29 Amendment Number: Original 155 Project Title: Boynton Beach Occupant Protection and Child Passenger Safety Program 500-065-01 Project Number: OP -2024-00225 SAFETY FOOT Contract Number: 09/23 v. Out-of-state travel Failure to receive prior written approval will deem the entire travel cost ineligible for payment, regardless of available funding in the travel budget. (d) Lodging Reimbursement Limit. The FDOT State Safety Office shall not pay for overnight lodging/hotel room rates that exceed $225.00 per night (before taxes and fees). A Subrecipient and/or traveler will be required to expend his or her own funds for paying the overnight lodging/hotel room rate in excess of $225.00 plus the applicable percentage of fees (other than flat fees). If multiple travelers share a room and the individual cost of the lodging/hotel exceeds the $225.00 per night limit, the Subrecipient and/or travelers will be required to expend his or her own funds for paying the excess amount. If another entity is covering the cost of the overnight lodging/hotel then this paragraph does not apply. (e) Lodging for Subgrant Funded Statewide Coalition Meetings and Conferences. Lodging contracts may be funded to accommodate attendance of subgrant funded statewide coalition meetings, conferences, and programs. If a lodging contract is executed to cover lodging cost, all travelers shall be expected to use the contract, and any attendees choosing alternate lodging accommodations based on preference, shall do so at their own out of pocket costs. Cost for these lodging contracts will be reviewed and approved for program appropriateness and costs savings to the State, as determined and approved by the FDOT State Safety Office. 66. Vehicles. Any Subrecipient receiving subgrant funds to purchase a vehicle (excluding law enforcement vehicles) shall maintain a travel log that contains the beginning and ending mileage, location, and purpose of travel. All agencies must report any vehicle use (excluding law enforcement vehicles) and maintenance with each request for reimbursement using the Safety Grant Vehicle Use Form (FDOT Form No. 500-065-21) and the Safety Grant Equipment Maintenance Form (FDOT Form No. 500-065-22). Vehicles purchased with federal highway safety funds shall be used for program use only and in accordance with Rule 6013-1.004 F.A.C. Subrecipients who are responsible for the operation and use vehicles for official state business are allowed to permit persons other than state officials or employees to travel in the vehicle provided these persons are conducting official state business or only on special occasions if the purpose of the travel can be more usefully served by including such persons and no additional expense is involved. It is permissible to transport persons other than state officials and employees during disasters and emergency situations where the state must protect life and property. Providing assistance to motorists whose vehicles are disabled may be considered as an emergency when there is a need to protect life and property. Any vehicles used for personal reasons or not being used by the Subrecipient for the purposes described in this subgrant agreement shall be subject to repossession by the FDOT State Safety Office. FINANCIAL/FISCAL 67. Allowable Costs. The allowability of costs incurred under this subgrant agreement shall be determined in accordance with the general principles of allowability and standards for selected cost items set forth in the Applicable Federal Law, state law, and the FDOT Disbursement Handbook for Employees and Managers, to be eligible for reimbursement. All funds not spent in accordance with the Applicable Federal Law will be subject to repayment by the Subrecipient. Only costs directly related to this subgrant agreement shall be allowable. 68. Subcontract Agreements. (a) Requirement for Pre- Approval. All subcontract agreements must be submitted to the FDOT State Safety Office in draft form for review and approval. Approval of this subgrant agreement does not constitute approval of subcontract agreements. (b) Minimum Mandatory Subcontract Language. All subcontract agreements shall include at a minimum the following information: i. Beginning and end dates of the subcontract agreement (not to exceed this subgrant agreement period) ii. Total contract amount iii. Scope of work/Services to be provided iv. Quantifiable, measurable, and verifiable units of deliverables v. Minimum level of service to be performed and criteria for evaluating successful completion vi. Budget/Cost Analysis vii. Method of compensation/Payment Schedule SUB -2024- Boynton Bea -00225 Page 21 of 29 Amendment Number: Original 156 Project Title: Boynton Beach Occupant Protection and Child Passenger Safety Program Project Number: OP -2024-00225 FOOT Contract Number: 500-065-01 SAFETY 09/23 (c) Additional Required Clauses. i. All subcontract agreements shall contain the following statement: "The parties to this contract shall be bound by all applicable sections of Part V: Acceptance and Agreement of Project # (insert project number). A final invoice must be received by (insert date) or payment will be forfeited." ii. Buy American Act clause (see Section 4 of Part V) iii. Certification Regarding Federal Lobbying (see Section 21 of Part V) iv. Cooperation with Inspector General (see Section 32 of Part V) v. DBE Clause (see Section 10 of Part V) vi. E -Verify clause (see Section 33 of Part V) vii. Nondiscrimination clause (see Section 16 of Part V) viii. Clean Air Act and Federal Water Pollution Control Act clause (subcontracts in excess of $150,000) (see Section 5 of Part V) ix. Integrity Certification Clause (see Section 27 of Part V) x. Contract Work Hours and Safety Standards Act (subcontracts in excess of $100,000) (see Section 8 of Part V) xi. Indemnification and Insurance (see Section 34 of Part V) xii. Policy on Banning Text Messaging While Driving Act (subcontracts in excess of $15, 000) (see Section 28 of Part V) xiii. Human Trafficking Clause (see Section 23 of Part V) xiv. Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms (see Section 12 of Part V) xv. Termination for Convenience (see Section 22 of Part V) 69. Indirect Costs. Indirect costs included in this subgrant agreement in Part III, under the indirect line item are based on the indirect costs rate the Subrecipient used in the competitive concept paper application process. The rate will be applied in accordance with 2 CFR 200 and the Subrecipients federally approved rate agreement. If the Subrecipient does not have a federally approved costs rate agreement, a de minimis rate of 10% of modified total direct costs in the manner described in 2 CFR 200.414 will be used. [The de minimis rate is available only to entities that have never had a negotiated indirect cost rate. When selected, the de minimis rate must be used consistently for all federal awards until such time the Subrecipient chooses to negotiate a rate. A de minimis certification form must be submitted to the Department for review and approval.] All subgrant awards are based on cost benefit, available funding, and if the indirect costs rate requested significantly affects the proposed project's ability to adequately address the traffic safety need. 70. Obligation of Subgrant Funds. Subgrant funds shall not be obligated prior to the effective date or subsequent to the end date of this subgrant agreement period. Only project costs incurred on or after the effective date and on or prior to the end date of this subgrant agreement are eligible for reimbursement. A cost is incurred when the Subrecipient's employee or approved contractor or consultant performs the service required or when goods are received by the Subrecipient, notwithstanding the date of order. 71. Procedures for Reimbursement. (a) Overview. The Department agrees to compensate the Subrecipient for services described in Part II (Project Plan and Supporting Data). The Schedule of Financial Assistance is included as Part III (Project Detail Budget). (b) Required Forms. All requests for reimbursement of subgrant costs must be submitted on forms provided by the Department (FDOT Form Numbers 500-065-04 through 09 and 19) unless otherwise approved. Forms must be completed in detail sufficient for a proper pre -audit and post audit based on the quantifiable, measurable, and verifiable units of deliverables and costs, including supportive documentation as established in Parts II (Project Plan and Supporting Data), III (Project Detail Budget), and IV (Performance Report. ALL requests for reimbursement shall include FDOT Form 500-065-019 Performance Report for the period of reimbursement. Deliverables must be received and accepted in writing by the Department's Project Manager prior to payments. SUB -2024- Boynton Bea -00225 Page 22 of 29 Amendment Number: Original 157 Project Title: Boynton Beach Occupant Protection and Child Passenger Safety Program Project Number: OP -2024-00225 FOOT Contract Number: 500-065-01 SAFETY 09/23 (c) Supporting Documentation. Supporting documentation must establish that the deliverables were received and accepted in writing by the Subrecipient and must also establish that the required minimum level of service to be performed based on the criteria for evaluating successful completion as specified in Parts II (Project Plan and Supporting Data), III (Project Detail Budget), and IV (Performance Report) was met. All costs invoiced shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of charges. Invoices for cost reimbursement subgrants must be supported by an itemized listing of expenditures by category (salary, travel, expenses, etc.). Supporting documentation shall be submitted for each amount for which reimbursement is being claimed indicating that the item has been paid. Documentation for each amount for which reimbursement is being claimed must indicate that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved subgrant budget may be reimbursed. These expenditures must be allowable (pursuant to law) and directly related to the services being provided. Contracts between state agencies may submit alternative documentation to substantiate the reimbursement request, which may be in the form of FLAIR reports or other detailed reports. The Florida Department of Financial Services, online Reference Guide for State Expenditures can be found at this web address: httD://www.fldfs.com/aadir/reference auide.htm Listed below are types and examples of supporting documentation: i. Personnel Services. a. Salaries: Timesheets that support the hours worked on the project or activity must be kept. A payroll register, or similar documentation should be maintained. The payroll register should show gross salary charges, fringe benefits, other deductions, and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. b. Fringe Benefits: Fringe benefits should be supported by invoices showing the amount paid on behalf of the employee, e.g., insurance premiums paid. If the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown. Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits. ii. Contractual Services. Should be supported by a copy of the approved subcontract agreement, invoice showing payment request and dates of service from the vendor, and proof of payment by the Subrecipient. iii. Expenses. Should be supported by a copy of any required pre -approvals, invoice showing payment request from the vendor, and proof of payment by the Subrecipient. iv. Travel. Reimbursement for travel must be in accordance with s. 112.061, F.S. and the most recent version of the FDOT Disbursement Handbook, which includes submission of the travel costs on an approved state travel form along with supporting receipts and invoices. v. Equipment Costing $5,000 or More. Should be supported by a copy of any required pre -approvals, invoice showing payment request from the vendor, and proof of payment by the Subrecipient. vi. Indirect Cost. If the subgrant stipulates that indirect costs will be paid based on a specified rate, then the calculation should be shown. Indirect costs must be in the approved agreement budget and the entity must be able to demonstrate that the costs are not duplicated elsewhere as direct costs. All indirect cost rates must be evaluated for reasonableness and for allowability and must be allocated consistently. All documentation should be readable and include the necessary calculations to support the amounts being requested. Illegible documents or documents for the wrong time -period or calculation amounts will require resubmittal by the Subrecipient. If documents provided do not equal the totals requested, additional documentation may be requested, or amounts reimbursed will be reduced to totals supported by documentation. Subgrant agreements between state agencies, and/or subgrant agreements between universities may submit alternative documentation to substantiate the reimbursement request that may be in the form of FLAIR reports or other detailed reports and do not have to include check numbers. (d) Frequency and Deadlines for Submission. SUB -2024- Boynton Bea -00225 Page 23 of 29 Amendment Number: Original 158 Project Title: Boynton Beach Occupant Protection and Child Passenger Safety Program Project Number: OP -2024-00225 FOOT Contract Number: 500-065-01 SAFETY 09/23 i. Partial Claims. Subrecipients should submit all costs for reimbursement monthly unless no costs were incurred within a month. Reimbursement for personnel costs may be submitted after each pay period, if desired. Failure to submit reimbursement requests in a timely manner may result in this subgrant agreement being terminated. ii. Final Claim. A final financial request for reimbursement shall be submitted and/or postmarked no later than October 31 following the end of this subgrant agreement period. Such request should be distinctly identified as Final. The Subrecipient agrees to forfeit reimbursement of any amount incurred or expended if the final request is not submitted and/or postmarked by October 31 following the end of this subgrant agreement period. (e) Travel Reimbursement. Bills for travel expenses specifically authorized in this subgrant agreement shall be submitted on the FDOT Contractor Travel Form (300-000-06) and will be paid in accordance with Section 112.061, F.S. and the most current version of the FDOT Disbursement Handbook for Employees and Managers. (f) Equipment Reimbursement. All requests for reimbursement of equipment having a unit cost of $5,000 or more and a useful life of one year or more shall be accompanied by an Equipment Accountability Form (FDOT Form No. 500-065-09). Reimbursement of these equipment costs shall not be made before receipt of this form. (g) Media Purchase Reimbursement. Proof of performance (e.g., copies and/or images of posters, air schedules, etc.) of all paid media purchased with subgrant funds shall be attached to reimbursement requests. (h) Signature Requirements. All requests for reimbursement shall be signed by an Authorized Representative of the Subrecipient. (i) Reimbursement Timeline. Subrecipients providing goods and services to the Department should be aware of the following time frames. The FDOT State Safety Office has a 30 -day review process to approve goods and services that starts on the date of receipt of financial reimbursement request. After that review and approval, the Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected, and approved. Financial reimbursement requests may be returned if not completed properly. If a payment is not available within 40 days from the FDOT State Safety Office approval, a separate interest penalty at a rate as established pursuant to Section 55.03(1), F.S., will be due and payable, in addition to the financial reimbursement request amount, to the Subrecipient. Interest penalties of less than one (1) dollar will not be enforced unless the Subrecipient requests payment. Financial reimbursement requests that have to be returned to a Subrecipient because of Subrecipient preparation errors will result in a delay in the payment. The financial reimbursement request payment requirements do not start until a properly completed financial reimbursement request is provided to the Department. (j) Financial Consequences. Payment shall be made only after receipt and approval of deliverables and costs incurred. If the Department determines that the performance of the Subrecipient is unsatisfactory, the Department shall notify the Subrecipient of the deficiency to be corrected, which correction shall be made within a timeframe to be specified by the Department. The Subrecipient shall, within five days after notice from the Department, provide the Department with a corrective action plan describing how the Subrecipient will address all issues of subgrant agreement non-performance, unacceptable performance, failure to meet the minimum performance levels, deliverable deficiencies, or subgrant agreement noncompliance. If the corrective action plan is unacceptable to the Department, the Subrecipient will not be reimbursed to the extent of the non-performance. The Subrecipient will not be reimbursed until the Subrecipient resolves the deficiency. If the deficiency is subsequently resolved, the Subrecipient may bill the Department for the unpaid reimbursement request(s) during the next billing period. If the Subrecipient is unable to resolve the deficiency, the funds shall be forfeited at the end of this subgrant agreement term. (k) Vendor Ombudsman. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Subrecipients who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 413-5516. (I) Projects with Non-profit Entities. Pursuant to Section 216.1366, Florida Statutes, the Subrecipient shall provide documentation to indicate the amount of state funds: i. Allocated to be used during the full term of this Agreement for remuneration to any member of the board of directors or an officer of the Subrecipient. SUB -2024- Boynton Bea -00225 Page 24 of 29 Amendment Number: Original 159 Project Title: Boynton Beach Occupant Protection and Child Passenger Safety Program Project Number: OP -2024-00225 FOOT Contract Number: 500-065-01 SAFETY 09/23 ii. Allocated under each payment by the Department to be used for remuneration of any member of the board of directors or an officer of the Subrecipient. The documentation must indicate the amounts and recipients of the remuneration. Such information will be posted by the Department to the Florida Accountability Contract Tracking System maintained pursuant to s. 215.985, Florida Statutes, and must additionally be posted to the Subrecipient's website, if the Subrecipient is a non-profit organization and maintains a website. The Subrecipient shall utilize FDOT Form No. 350-090-19, Compensation to Non -Profits Using State Funds, for purposes of documenting the compensation. The subject Form is required for every contract for services executed, amended, or extended on or after July 2023, with non-profit organizations. 72. Tracking and Retention of Financial Records. The Subrecipient shall maintain an accounting system or separate accounts to ensure funds and projects are tracked separately. Records of costs incurred under the terms of this subgrant agreement shall be maintained and made available upon request to the Department at all times during the period of this subgrant agreement and for five years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the Subrecipients general accounting records and the project records, together with supporting documents and records, of the contractor and all subcontractors performing work on the project, and all other records of the Contractor and subcontractors considered necessary by the Department for a proper audit of costs. 73. Program Income. Program income means gross income earned by Subrecipient that is directly generated by a supported activity or earned as a result of the subgrant award during the subgrant period of performance. Program income must be deducted from total allowable costs to determine the net allowable costs. Program income must be used for current costs and any remaining program income must be offset against the final request for reimbursement. Program income that the Subrecipient did not anticipate at the time of the subgrant award must be used to reduce the Federal award and Subrecipient contributions rather than to increase the funds committed to the project. 74. Registration for Attendance. No activities funded under this subgrant agreement shall charge a registration fee for attendance. 75. Responsibility of Subrecipient. The Subrecipient shall establish fiscal control and fund accounting procedures that assure proper disbursement and accounting of subgrant funds and required non-federal expenditures. All monies spent on this project shall be disbursed in accordance with the provisions of the Project Detail Budget as approved by the FDOT State Safety Office. All expenditures and cost accounting of funds shall conform to 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements For Federal Awards, herein incorporated by reference, (hereinafter referred to as Applicable Federal Law). REQUIREMENTS 76. Child Safety Seats. Any agency that receives child safety seats must have at least one staff member who is a current Certified Child Passenger Safety Technician. 77. Enforcement. (a) Automated Traffic Enforcement. No subgrant funds will be awarded or expended to carry out a program to purchase, operate, or maintain an automated traffic enforcement system. (23 U.S.C. 402(c)(4)). The term "automated traffic enforcement system" includes any camera that captures an image of a vehicle for the purposes only of red light and speed enforcement and does not include handheld radar and other devices operated by law enforcement officers to make an on -the -scene traffic stop, issue a citation, or other enforcement action at the time of violation. Subgrant funding will not be utilized or reimbursed for continuing priorly initiated investigations, court or Administrative Hearings, and enforcement from aircraft. (b) Aircraft Enforcement. Subgrant funding will not be utilized or reimbursed for enforcement from aircraft. (c) Investigations and Court. Subgrant funding will not be utilized or reimbursed for continuing priorly initiated investigations, court, or administrative hearings. (d) Data Driven. Selection of enforcement activity locations should be based on current data that identifies high-risk areas with the greatest number of crashes, serious injuries, fatalities, and/or traffic violations (citations). Data should be reviewed periodically to ensure that the most current high-risk areas are continually addressed throughout this subgrant agreement period. (e) High Visibility Enforcement. All law enforcement agencies shall conduct High Visibility Enforcement while conducting enforcement under this subgrant agreement. High Visibility Enforcement is defined as: SUB -2024- Boynton Bea -00225 Page 25 of 29 Amendment Number: Original 160 Project Title: Boynton Beach Occupant Protection and Child Passenger Safety Program 500-065-01 Project Number: OP -2024-00225 SAFETY FOOT Contract Number: 09/23 Intense: Enforcement activities are over and above what normally takes place. Frequent: Enforcement occurs often enough to create general deterrence. Visible: A majority of the public sees or hears about the enforcement. Strategic: Enforcement targets high-risk locations during high-risk times. (f) Hours Limit. Each officer is limited to a maximum of eight (8) hours of reimbursable overtime in any single day (defined as 12:00 a.m. to 11:59 p.m.), unless there are extenuating circumstances at the end of a shift that causes the hours to exceed this limit. Extenuating circumstances must be documented in the activity report. There is no pay period limit on hours worked. (g) Impaired Driving Enforcment. i. Hours of Emphasis. A strong emphasis of enforcement operations should be during the hours of 6:00 pm to 6:00 am. Expansion of enforcement operation hours can be adjusted based on supporting data and prior approval by the FDOT State Safety Office. Agencies should ensure that enforcement saturation/wolfpack/roving patrols are conducted in periods of no fewer than 3 consecutive hours. The FDOT State Safety Office reserves the right to request a copy of any subgrant funded checkpoint After Action Report. ii. Mobilization Participation. All law enforcement agencies that receive impaired driving subgrant funding should participate in all NHTSA impaired driving moblizations for the following holidays and events: New Year's Day, NFL Super Bowl, St. Patrick's Day, Cinco de Mayo, Independence Day, Labor Day, Halloween, and the end of year holiday season. iii. Required Credentials for Impaired Driving Enforcement. Any law enforcement officer who takes enforcement action and receives compensation under an impaired driving subgrant must have successfully completed at least one of the following within the last five years: a. NHTSA/IACP 24 hour DWI Detection and Standardized Field Sobriety Testing (SFST) course b. NHTSA/IACP 4 hour DWI Detection and Standardized Field Sobriety Testing (SFST) refresher course c. NHTSA/IACP DWI Detection and Standardized Field Sobriety Testing (SFST) Instructor Development course d. NHTSA/IACP 8 -hour DWI Detection and Standardized Field Sobriety Testing (SFST) Instructor Update course e. NHTSA/IACP Advanced Roadside Impaired Driving Enforcement (ARIDE) course f. Be an active certified Drug Recognition Expert (DRE) (h) Motorcycle Enforcement. No subgrant funds will be used for programs to check helmet usage or to create checkpoints that specifically target motorcyclists. (i) Occupant Protection Enforcement. All law enforcement agencies that receive occupant protection subgrant funding should participate in all NHTSA occupant protection mobilizations for Click It or Ticket and are encouraged to participate in Child Passenger Safety Week and National Seat Check Saturday. Safety belt enforcement is encouraged for both day and nighttime. Q) Speed and Aggressive Driving Enforcement. All law enforcement agencies that receive speed and aggressive driving subgrant funding should participate in the NHTSA Regional speed and aggressive driving moblization for Operation Southern Slow Down. i. Required Credentials for Speed Enforcement. Any law enforcement officer who is using a radar or lasar speed detection system, must be certified in the use of that piece of equipment. ii. Conforming Product List. Any speed measuring device purchse with subgrant funding should be in accordance with State approved Speed Measuring Devices listed in 15B-2.013 F.A.C. (k) Teen Safe Driving Enforcment. i. Hours of Emphasis. Emphasis of enforcement operations should be during the hours of 11:00 pm to 6:00 am aligning with the perameters of Florida's Grduated Driver Licesning (GDL) Laws. Expansion of enforcement operation hours can be adjusted based on supporting data and prior approval by the FDOT State Safety Office. The agency will maintain detailed records of enforcement operations.The FDOT State Safety Office reserves the right to request a copy of any subgrant funded Computer Aided Report (CAD). SUB -2024- Boynton Bea -00225 Page 26 of 29 Amendment Number: Original 161 Project Title: Boynton Beach Occupant Protection and Child Passenger Safety Program Project Number: OP -2024-00225 FOOT Contract Number: 500-065-01 SAFETY 09/23 ii. Required Credentials for High Visibility Enforcement. Any law enforcement officer who is using a radar or lasar speed detection system must be certified in the use of that piece of equipment. 78. Public Service Announcements, Marketing, and Advertisements. (a) Closed Caption Requirement. All public service announcements produced with Federal highway safety funds shall be closed captioned for the hearing impaired. (b) Media Plan. All paid media reimbursed with subgrant funds shall contain a traffic safety message. In order to maximize the effectiveness of the paid media, when marketing or advertising is included in subgrant activities, it shall be done only in conjunction with proven, effective countermeasures, and when the message of the media is designed to call attention to those countermeasures. Before incurring costs related to the paid media, a final draft of the media and media plan shall be submitted to the FDOT State Safety Office for review. Media plans should include the following: i. What program/policy the paid media is supporting ii. How the paid media will be implemented to support an operational enforcement program whether it be a periodic crackdown/mobilization or an on-going saturation or roving patrol iii. The amount allocated for paid media iv. Anticipated creative costs associated with the paid media v. The measures that will be used to assess message recognition and penetration of the target audience. (c) Tagging. All subgrant funded public service announcements, marketing, and advertisements shall be tagged "Funding provided by the Florida Department of Transportation, or Funded by FDOT", or FDOT logo, "Brought to you by ...." or "Provided by ..." may also be used for this requirement. Television commercials must include a statement as set forth above. The name of the Subrecipient and its logo can appear on the paid media, if approved by the FDOT State Safety Office, but the names of individuals connected with the Subrecipient shall not appear when paid for with Federal highway safety funds, unless otherwise approved by the FDOT State Safety Office. (d) Prohibition of Gifts. Contractual agreements for marketing and advertising which include communications, public information, and paid media expenditures shall not include gifts as defined by Section 112.312, F.S., which includes items such as tickets, seats, food, travel, apparel, memorabilia, etc., to any representative of this subgrant agreement or any of their traffic safety partners unless the item or service is regularly made available to the general public at no cost. 79. Public Information and Education Items. Public Information and Education Items are defined as materials whose purpose is to convey substantive information about highway safety. Paper, pamphlets, flash drives, CD- ROMs, and similar media that contain educational materials are all allowable because their purpose is to contain and convey educational information. In order to be considered educational, distributed material must provide substantial informational and educational content to the public (not merely a slogan) and have the sole purpose of conveying that information. If a Subrecipient chooses to provide educational content on a flash drive, CD- ROM, or similar device, that device must be an economical method of conveying the information. Before printing or ordering any public information and education items, a final draft or drawing of the items shall be submitted to the FDOT State Safety Office for review and approval. Requests should include the following: (a) What public information or educational item is being requested (b) What program/policy is the item supporting (c) Who the target audience is (d) How the item will be distributed (e) Estimated unit cost(s) for the item (f) Current inventory levels (if any) of the item The FDOT State Safety Office shall provide written approval for reimbursement if the items are appropriate for purchase under this subgrant agreement. Copies and/or images of all public information and education items purchased with highway safety funds shall be attached to the forms requesting reimbursement for the items. SUB -2024- Boynton Bea -00225 Page 27 of 29 Amendment Number: Original 162 Project Title: Boynton Beach Occupant Protection and Child Passenger Safety Program Project Number: OP -2024-00225 FOOT Contract Number: 500-065-01 SAFETY 09/23 Printed materials (tip cards, brochures, safety pledges, surveys, activity books, booklets, guides, etc.) can be freely distributed, however tangible items (helmets, DVDs, CD-ROMs, flash or thumb drives, reflective tape, etc.) require the person receiving the item to interact with the Subrecipient in some manner related to the goal of the project in order to receive the item. Interaction includes attending a presentation, having a discussion with a program representative, signing a pledge sheet, filling out a survey form, answering a traffic safety question, etc. The results of this interaction must be reported in the performance report. Where feasible, either the Florida Department of Transportation logo or the words "Funding provided by the Florida Department of Transportation or Funded by FDOT" Shall appear on or in all items. "Brought to you by" or "Provided by" may also be used for this requirement. The name of the Subrecipient and its logo can appear on any of the public information and education items. The names of individuals connected with the Subrecipient shall not appear on any printed materials, and advertisements paid for with highway safety funds. Per 2 CFR 200 and NHTSA Memo "Use of NHTSA Highway Safety Grant Funds for Certain Purchases" (dated May 18, 2016), Use of NHTSA grant funds to purchase promotional items or memorabilia (backpacks, cups, flashlights, key chains, magnets, shirts, stickers, sunglasses, umbrellas, etc.) is prohibited and therefore unallowable under this subgrant agreement. 80. Publication and Printing of Observational Surveys and Other Reports. (a) Review and Publication. During this subgrant agreement period, but before publication or printing, the final draft of any report or reports required under this subgrant agreement or pertaining to this subgrant agreement shall be submitted to the FDOT State Safety Office for review and concurrence. After this subgrant agreement period has concluded, Subrecipients may publish after providing the FDOT State Safety Office with at least a 15 -day prior written notice. (b) Discussion. Both written and oral releases are considered to be within the context of publication. However, there is no intention to limit discussion of the study with small technical groups or lectures to employees or students. Lectures that describe plans but discuss neither data nor results may be given to other groups without advance approval. (c) Required Language. Each publication or other printed report covered by Paragraph 80(a) above shall include the following statement on the cover page: i. This report was prepared for the FDOT State Safety Office, Department of Transportation, State of Florida, in cooperation with the National Highway Traffic Safety Administration, U.S. Department of Transportation and/or Federal Highway Administration, U.S. Department of Transportation. ii. The conclusions and opinions expressed in these reports are those of the Subrecipient and do not necessarily represent those of the FDOT State Safety Office, Department of Transportation, State of Florida, and/or the National Highway Traffic Safety Administration, U.S. Department of Transportation and/or Federal Highway Administration, or any other agency of the State or Federal Government. 81. Safety Belt Policy. Each Subrecipient shall have a written safety belt policy, which is enforced for all employees. A copy of the policy shall be maintained by the Subrecipient and made available for review if requested. 82. Special Conditions. SUB -2024- Boynton Bea -00225 Page 28 of 29 Amendment Number: Original 163 Project Title: Boynton Beach Occupant Protection and Child Passenger Safety Program Project Number: OP -2024-00225 MOT Contract Number: Part VI: Federal Financial Assistance (Single Audit Act) Federal resources awarded pursuant to this subgrant are as follows: CFDA Number and Title: ❑ 20.600 - State and Community Highway Traffic Safety Program (NHTSA 402 Funds) ❑ 20.614 - National Highway Traffic Safety Administration Discretionary Safety Grants (NHTSA 403 funds) ❑ 20.616 - National Priority Safety Program (NHTSA 405 Funds) ❑ 20.205 - Highway Planning and Construction (FHWA Federal Aid Highway Program, Federal Lands Highway Program) *Federal Funds Awarded: $25,000 Awarding AgencT. Florida Department of Transportation Indirect Cost Rate: 00 **Award is for R&D: No *The federal award amount may change with supplemental agreements **Research and Development as defined at §200.87, 2 CFR Part 20 Federal resources awarded pursuant to this subgrant are subject to the following audit requirements: 500-065-01 SAFETY 09/23 (a) 2 CFR Part 200 - Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards ....................._.... �cfir::.gov Federal resources awarded pursuant to this subgrant may also be subject to the following_ (a) Federal Funding Accountability and Transparency Act (FFATA) Sub -award Reporting System (FSRS) EMENOW (b) Infrastructure Investment and Jobs Act (IIJA) (Public Law 117-58, also known as the "Bipartisan Infrastructure Law") baps//vvww,.! cQ n. iress. ov 117 bi11s hr3684 8111...11..5 11 /Ihr.3684enir. df Federal Award Identification Number (FAIN): FAIN Award Date: SUB -2024- Boynton Bea -00225 Page 29 of 29 Amendment Number: Original 164 MM Consent Agenda 11/7/2023 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 November 7, 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 Contract No. 19- Mitel Software, 3441-00 City of Annual Estimated Maintenance and Newport News, October 2, 2023 Expenditure IPC Technologies Hardware Support Virginia - City of to October 1, Services Boynton Beach 2024 $40,000 Resolution No. R21-002 New Fence, City of Boynton November 5, 2023 Annual Estimated Martin Fence, Repairs, and Gate Beach Bid No. to November 4, Expenditure Alpha Fence Operators 001-2511-20/EM 2024 $60,000 165 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: $100K under REQUEST FOR BID EXTENSIONS November 7 2023 Report.docx Email-Contract#_19_3441_00_IPC_TECHNOLOGI ES_INC.pdf Renewal Interest Letter - New Fencing Repair Gate Operations - AlphaFence 23-24 Signed.pdf Renewal Interest Letter -New Fencing Repair Gate Operations-Martinfenceco 23-24 Signed.pdf Renewal Interest Letter - Parkmobile LLC 2023-2024 - Signed.pdf 166 City of Boynton Beach RFP 018- 2413-19/IT November 6, 2023 Annual Estimates Parkmobile, LLC Pay for Parking Resolution No. to November 5, Expenditure Services R19-119 & 2024 Amendment $82,000 Resolution No. 20-081 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: $100K under REQUEST FOR BID EXTENSIONS November 7 2023 Report.docx Email-Contract#_19_3441_00_IPC_TECHNOLOGI ES_INC.pdf Renewal Interest Letter - New Fencing Repair Gate Operations - AlphaFence 23-24 Signed.pdf Renewal Interest Letter -New Fencing Repair Gate Operations-Martinfenceco 23-24 Signed.pdf Renewal Interest Letter - Parkmobile LLC 2023-2024 - Signed.pdf 166 29 CITY OF BOYNTON BEACH REQUESTS FOR BID EXTENSIONS AND PIGGY -BACKS November 7, 2023 REQUESTING DEPARTMENT: ITS DEPARTMENT CONTACT: Charles Stevens TERM: October 2, 2023 to October 1, 2024 SOURCE FOR PURCHASE: Piggy -Back off the City of Newport News, Virginia ACCOUNT NUMBER: 001-1510-513-49-17 VENDOR(S): IPC Technologies, Inc. ANNUAL ESTIMATE: $40,000 DESCRIPTION: On January 5, 2021, Commission approved the City of Boynton Beach to utilize the City of Newport News, Virginia Contract Number 19-3441-00 for the purchase of Mitel Software and Hardware support services from IPC Technologies. The initial contract term was for one (1) year commencing on October 2, 2019, with an option to renew at the City of Newport News sole discretion, four (4) additional one-year periods through October 1, 2025. Renew the 4th one-year term for October 2, 2023 through October 1, 2024. REQUESTING DEPARTMENT. Public Works — Facilities Maintenance DEPARTMENT CONTACT: Adrianna Greco-Arencibia TERM: November 5, 2023 — November 4, 2024 SOURCE FOR PURCHASE: COBB Bid No. 001-2511-20/EM ACCOUNT NUMBER: 001-2511-519.49-17 (Facilities); 001-2730-572.46-98 (Parks & Grounds) VENDOR(S): MARTIN FENCE, ALPHA FENCE ANNUAL ESTIMATE: $60,000 DESCRIPTION: On November 5, 2019 City Commission awarded Bid No 001-2511-20/EM New Fencing, Repairs, and Gate Operators. Award was based on the lowest, most responsive, responsible bidder(s). Martin Fence and Alpha Fence both met all specifications to the bid and requirements and is utilized on an as -needed basis. The initial contract term was awarded for two (2) years with three (3) additional one-year renewal periods. This will be the 3 d renewal term of the contract. Approve the renewal for the term November 5, 2023 to November 4, 2024. REQUESTING DEPARTMENT. Recreation DEPARTMENT CONTACT: Kacy Young TERM: November 6, 2022 to November 5, 2023 SOURCE FOR PURCHASE: City of Boynton Beach RFP 018-2413-1911T ACCOUNT NUMBER: 001-2517-545-46-91 VENDOR(S): Parkmobile, LLC ANNUAL ESTIMATE: $82,000 ;r DESCRIPTION: On November 5, 2019, Commission approved the award of RFP No. 018-2413-19/IT for "Pay for Parking" authorizing the City Manager to a three (3) year agreement with two (2) one-year renewals with Parkmobile, LLC for metered parking. The initial contract term was November 6, 2019 through November 5, 2022. The agreement allows two (2) one-year renewals. Renew the 2nd one-year term for November 6, 2023 through November 5, 2024. ;r Vendor CITY OF NEWPORT NEWS, VIRGINIA OFFICE OF PURCHASING 2400 Washington Avenue Newport News, VA 23607 www.nnva.gov/purchasing (757) 926-8721 SUITE 0 FOREST7200 GLEN ■ RICHMOND, VA 23226 Vendor Number 4481 CONTRACT SUMMARY/ CONTRACT RENEWAL CONTRACT DESCRIPTION MITEL VOIP TELEPHONES AND INFRASTRUCTURE CONTRACT DETAILS Contract # 19-3441-00 Department INFORMATION TECHNOLOGY Contract Officer Jacob T. Van y e 757-926-8040 vandykeJt nnva, Ov Start: 10/02/2019 Current Term End: 10/01/2024 Final Option End: 10/01/2024 SEPTEMBER 29, 2023 CONTRACT RENEWAL THE CITY IS EXERCISING THE FINAL RENEWAL OPTION YEAR FOR THE ABOVE REFERENCED CONTRACT THROUGH OCTOBER 1, 2024. THE RENEWAL IS ISSUED UNDER THE SAME TERMS AND CONDITIONS OF THE INITIAL CONTRACT. THE REQUIRED INSURANCE COVERAGE SHALL BE MAINTAINED DURING THE ENTIRE RENEWAL TERM. PLEASE CONTACT THE CONTRACT OFFICER NOTED ABOVE WITHIN 7 DAYS OF RECEIPT OF THIS RENEWAL DOCUMENT IF YOUR FIRM DOES NOT ACCEPT THE RENEWAL. ALL REQUESTS FOR CONTRACT MODIFICATIONS MUST BE SUBMITTED TO THE CONTRACT OFFICER IN THE OFFICE OF PURCHASING FOR CONSIDERATION. A BLANKET PURCHASE ORDER OR INDIVIDUAL PURCHASE ORDERS WILL BE ISSUED WHEN GOODS ARE SERVICES ARE REQUIRED BY THE CITY. THE PRIMARY USER OF THE CONTRACT IS THE DEPARTMENT OF INFORMATION TECHNOLOGY, HOWEVER SERVICES MAY BE UTILIZED BY OTHER DEPARTMENTS WHEN APPROPRIATE. PA 41 rchasing 169 The City o, f Bo _ n ton Beach Finance/Procurement Services 100 E. Ocean Avenue Boynton Beach, FL 33435 P.D. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561) 742-6310 October 16, 2023 Alpha Fence Attn: Nicholas J. Doup 555 West Ocean Avenue Boynton Beach, FL 33426 VIA EMAIL TRANSMITTAL TO: admi )gjrh,mmfence com„ BID.: NEW FENCING, REPAIRS, AND GATE OPERATORS BID No.: No. 001-2511-20/EM CURRENT BID TERM: NOVEMBER 5, 2022 —NOVEMBER 4, 2023 Dear Mr. Doup: The current bid term for "NEW FENCING, REPAIRS, AND GATE OPERATORS" expires November 4, 2023. The agreement documents allow for three (3) additionalone (1) yearextensions. The City of Boynton Beach would like to extend the agreement forits 3rd renewal foran additional one-year period with the same terms, conditions, and pricing. Please indicate your response on the following page and return it to Procurement Services via email to prattte-bbfl.us at your earliest convenience. If you should have any questions, please do not hesitate to contact Taralyn Pratt, Assistant Purchasing Manager at (561) 742-6348. Sincerely, %ftu-a�.4 Mara Frederiksen Directorof Financial Services 170 America's Gateway to the Gulf Stream The City of Bo nton 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 October 16, 2023 BID: NEW FENCING, REPAIRS, AND GATE OPERATORS BID No.: 001-2511-20/EM Agreement between the City of Boynton Beach and ALPHA FENCE. AGREEMENT RENEWAL TERM: NOVEMBER 5, 2023 -- NOVEMBER 4, 2024 ° °.11' Yes, I agree to renew the existing agreement under the same terms, conditions, and pricing foran additional one-year term. No, I do not wish to renew the bid for the following reason(s) ALPHA FENCE NAME OF COMPANY NAME OF REPRESENTATNE (please print) DATE 2D ..... "I'll . ...... SIGNATURE � d ff�+ TITLE 6C..o.I..........10 -...�1 �0( (AREA CODE) TELEPHONE NUMBER ad.jnf n a) Ca rn E-MAIL 171 America's Gateway to the Gulf Stream The City If 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 October 16, 2023 BID: NEW FENCING, REPAIRS, AND GATE OPERATORS BID No.: 001-2511-20/EM Agreement between the City of Boynton Beach and Martin Fence Co. AGREEMENT RENEWAL TERM: NOVEMBER 5, 2023 —NOVEMBER 4, 2024 ZYes, I agree to renew the existing agreement under the same terms, conditions, and pricing for an additional one-year term. No, I do not wish to renew the bid for the following reason(s) MARTIN FENCE CO. NAME OF COMPANY NAME OF REPRESENTATIVE (please print) TITLE DATE (AREA CODE) TELEPHONE NUMBER E-MAIL America's Gateway to the Gulf Stream 172 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 October 18, 2023 Parkmobile, LLC Attn: Michael lamele 1100 Spring Street, NW Suite 200 Atlanta, GA 30309 VIA EMAIL TRANSMITTAL TO: Micheal.iamele(cDparkmobile.io : David. Holler(aDparkmobile.io RFP.: Pay for Parking Services RFP No.: 018-2413-19/IT CURRENT BID TERM: NOVEMBER 6,2019— NOVEMBER 5, 2022 Dear Mr. lamele: The current Agreement term for "PAY FOR PARKING SERVICES' expires November 5, 2023. The agreement documents allow for two (2) additional one-year terms. The City of Boynton Beach would like to extend the agreement for its 211 renewal for an additional one-year period with the same terms, conditions, and pricing. Please indicate your response on the following page and return it to Procurement Services via email to prattt(abbfl.us at your earliest convenience. If you should have any questions, please do not hesitate to contact Taralyn Pratt, Assistant Purchasing Manager at (561) 742-6308. Sincerely, a�-4" Mara Frederiksen Director of Financial Services tp America's Gateway to the Gulf Stream 173 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 October 18, 2023 RFP: PAY FOR PARKING SERVICES RFP No.: 018-2413-19/IT Agreement between the City of Boynton Beach and PARKMOBILE, LLC. AGREEMENT RENEWAL TERM: NOVEMBER 6,2023— NOVEMBER 5, 2024 XYes, I agree to renew the existing agreement under the same terms, conditions, and pricing for an additional one-year term. No, I do not wish to renew the bid for the following reason(s) PARKMOBILE, LLC NAME OF COMPANY John Blanton NAME OF REPRESENTATIVE (please print) October 25, 2023 DATE john.blanton@parkmobile.io E -MAI L iZN. U 6 It&4I SIGNATURE Sr. Account Manager TITLE 678-820-3349 (AREA CODE) TELEPHONE NUMBER America's Gateway to the Gulf Stream 174 6.1 Consent Agenda 11/7/2023 Legal Invoices September/October 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 $ 104,297.20 Other outside counsel $ 30,241.97 TOTAL $ 134,539.17 How will this affect city programs or services? n/a Fiscal Impact: No Fiscal Impact. All items are budgeted. Attachments: Lewis Longman E21- Litigation - September 2023.pdf Olds & Stephens - Smith vs Police Officers - Herny September 2023.pdf Johnson Anselmo - Ford August 2023.pdf Johnson Anselmo - Bozzacco - September 2023.pdf Johnson Anselmo - Geico aso Fernandez September 2023.pdf Wydler Law - Smith vs Police Officers September 2023.pdf Roberts Reynolds - Smith vs Police Officers - Sohn (September 2023).pdf Johnson Anselmo - Torocsik September 2023.pdf Weiss Serota September Invoice - BB -Labor.pdf Weiss Serota September 2023 Invoices.pdf Roberts Reynolds - Smith vs Police Officers - Sohn (September 2023).pdf Roberts Reynolds - Readon - September 2023.pdf Roberts Reynolds - Beecher vs Felix September 2023.pdf Roberts Reynolds - Geraci vs Zeller - September 2023.pdf 175 LEWIS LLONGMAN a M LW WALKER w�imm City of Boynton Beach 100 East Ocean Avenue Boynton Beach, FL 33435 CLIENT: 3772 - CITY OF BOYNTON BEACH Re: 005 Litgation - E2L Town Square 360 South Rosemary Avenue Suite 1100 West Palm Beach, FL 33401 Tel 561-640-0820 Fax 561-640-8202 Tax ID No. 65-0500793 October 10, 2023 Invoice No. KBR-154764 Date Services Hours 09/20/23 PJP Work session with K. Rossmell regarding drafting 1.70 and preparing materials for use after upcoming hearing; follow-up notes; review materials for same. 09/20/23 KBR Work session with P. Polito regarding drafting for 0.40 upcoming court filings; various follow up coordination with same. 09/21/23 PJP Review necessary documents including Second and 2.10 Third Amended Complaint, Boynton Beach and JKM's Motions to Dismiss, Orders on Motions to Dismiss, and JKM's Motion for Sanctions; begin incorporating Court Order text into documents. 09/22/23 LKW Review file documents and pleadings in preparation 1.30 of special set hearing on the City of Boynton Beach's Motion to Dismiss Third Amended Complaint; locate and highlight all case law in support of motion to be used for the Court's reference; prepare correspondence to Judge Gregory Keyser; organize and assemble documents, and prepare hearing binder; prepare correspondence to all parties of record forwarding same. 09/22/23 PJP Case law research regarding non -enforcement of 1.90 "Agreements to Agree." 09/22/23 KBR Receive and review email correspondence and letter 0.20 correspondence from Co -Defendant's attorney concerning upcoming hearing and correspondence with judge. Amount 467.50 154.00 577.50 305.50 522.50 77.00 176 Client Ref: 3772-005 October 10, 2023 Invoice No. KBR-154764 Page 2 Date Services Hours Amount 09/24/23 Pip Continue to draft and revise Memorandum of Law to 2.20 605.00 respond to Counts two and three of Plaintiffs Third Amended Complaint. 09/25/23 KBR Receive and review email correspondence from P. 0.30 115.50 Polito; receive and review various email communications regarding documents prepared for court in upcoming hearing. 09/25/23 ATP Review correspondence regarding hearing 0.40 152.00 preparation materials and confer with staff regarding transmittal of same to judge. 09/26/23 ATP Emails regarding preparation for Motion to Dismiss 0.20 76.00 hearing. 09/27/23 LKW Receive and review E21- Real Estate Solutions, 0.80 188.00 LLC'S Response In Opposition to City of Boynton Beach's Motion to Dismiss Verified Third Amended Complaint; receive and review E21- Real Estate Solutions, LLC'S Response In Opposition to the JKM Defendants' Motion to Dismiss Verified Third Amended Complaint; electronically catalogue same; update binder for use at the specially set hearing on City of Boynton Beach's Motion to Dismiss. 09/27/23 ATP Review responsive filings from opposing counsel in 0.40 152.00 anticipation of Motion to Dismiss hearing on October 2 and provide direction to staff regarding same. 09/29/23 ATP Review hearing materials binder with staff and 4.80 1,824.00 prepare for Motion to Dismiss hearing. Summary of Services Rate Hours Amount ATP Petrick, Amy T. 380.00 5.80 2,204.00 PJP Polito, Paul J. 275.00 7.90 2,172.50 KBR Rossmell, Kathryn B. 385.00 0.90 346.50 LKW Wood, Lisa K. 235.00 2.10 493.50 Total for Services 16.70 $5,216.50 177 Client Ref: 3772-005 October 10, 2023 Invoice No. KBR-154764 Page 3 Total for Services and Expenses $5,216.50 Previous Balance 20,877.50 Payments Since Last Invoice -20,877.50 Amount Due $5,216.50 178 Invoice No. KBR-154764 Invoice Date: October 10, 2023 Client Code: 3772 Client Name: CITY OF BOYNTON BEACH Matter Code: 005 Matter Name: Litgation - E21- Town Square Total for Services and Expenses $5,216.50 Previous Balance 20,877.50 Payments Since Last Invoice -20,877.50 Amount Due $5,216.50 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. 179 OLDS & STEPHENS, P.A. 312 Eleventh Street P. O. Box 4523 West Palm Beach, FL 33401 Invoice submitted to: Tennille DeCoste Human Resources and Risk Management 100 East Ocean Avenue Boynton Beach, FL 33435 October 03, 2023 In Reference To: Client/Insured Claimant: Claim No.: Date/Loss: Invoice # 10327 Boynton Beach Smith TAXPAYER I.D. NO.: 65-0385869 Professional Services 180 Hrs/Rate Amount 9/4/2023 DS Worked on identifying issues in case law 2.00 500.00 permitting evidence of prior arrests and convictions 250.00/hr 9/5/2023 DS Researched and reviewed case law re: Federal 3.40 850.00 Evidence Rule 609(b) 250.00/hr 9/6/2023 DS Reviewed Plaintiffs Criminal History 0.80 200.00 250.00/hr 9/7/2023 DS Reviewed Motion in Limine case law on Plaintiffs 2.00 500.00 arrests and convictions 250.00/hr DS Worked on Motion in Limine in Response to 2.40 600.00 Plaintiffs Motions in Limine 250.00/hr 9/12/2023 DS Receipt and review of email from Defense 0.10 25.00 Counsel re: Pre-trial Stipulation and Jury 250.00/hr Instructions 180 Tennille DeCoste Page 2 Hrs/Rate Amount 9/12/2023 DS Preparation of email to Defense Counsels re: 0.10 25.00 Pre-trial Stipulation and Jury Instructions 250.00/hr DS Reviewed emails from Defense Counsels re: filing 0.20 50.00 Joint Motion to Extend Pre-trial Deadlines 250.00/hr DS Receipt and review of Proposed Motion to Extend 0.20 50.00 Pre-trial deadlines and responded to same 250.00/hr 9/14/2023 DS Receipt and brief review of filed Joint Motion to 0.10 25.00 Stay 250.00/h r 9/18/2023 DS Received and reviewed email from client 0.10 25.00 250.00/hr DS Responded to client's email re: status of Motion to 0.10 25.00 Reset trial 250.00/hr 9/29/2023 DS Preparation of email to client and adjuster 0.10 25.00 attaching Order on Motions for Summary Judgment 250.00/hr DS Receipt, review, and analysis of Order on Motions 0.70 175.00 for Summary Judgment 250.00/hr For professional services rendered 12.30 $3,075.00 Previous balance $19,675.00 9/30/2023 Payment - thank you. Check No. #10319 ($12,625.00) Total payments and adjustments ($12,625.00) Balance due $10,125.00 User Summary Name DON STEPHENS Hours Rate Amount 12.30 250.00 $3,075.00 181 Johnson, Anselmo, Murdoch, Burke, Piper & Hochman, P.A. 2455 E. Sunrise Blvd. Suite #1000 Fort Lauderdale, Florida 33304 Tax I.D.#: 65-0220140 October 17, 2023 Billed Through 09/30/2023 Invoice 76400 / CJS 00281 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: 08/27/2023 CJS Review Order granting City's substitution of counsel Total Professional Services: Stearns, Chris J. 0.20 DISBURSEMENTS Summary: Total professional services Total Amount Billed Less Pre -Paid Applied Please Pay this Amount 30233 225.00 $45.00 $45.00 $0.00 $45.00 0.20 $45.00 $45.00 182 Johnson, Anselmo, Murdoch, Burke, Piper & Hochman, P.A. 2455 E. Sunrise Blvd. Suite #1000 Fort Lauderdale, Florida 33304 Tax I.D.#: 65-0220140 October 17, 2023 Billed Through 09/30/2023 Invoice 76402 / 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: 09/06/2023 CJS Review records in response to subpoena from Bethesda 0.30 Hospital/Radiology 09/07/2023 CJS Review records in response to subpoena from South Palm Orthopedics 1.20 09/08/2023 CJS Review records in response to subpoena from First Rehab Lake Worth 0.70 09/08/2023 CJS Review records in response to subpoena from Bethesda Hospital/Billing 0.20 09/13/2023 CJS Review correspondence from Cindy Rogozin regarding status 0.20 09/13/2023 CJS Prepare status update to Cindy Rogozin 0.30 09/13/2023 CJS Review correspondence from Cindy Rogozin regarding update and future 0.10 proceedings 09/13/2023 CJS Prepare second correspondence to Cindy Rogozin regarding update 0.10 09/15/2023 CJS Review Return of Service upon First Rehab of Lake Worth 0.10 09/15/2023 CJS Review Return of Service upon South Palm Orthopedics 0.10 09/15/2023 CJS Review Return of Service upon Ventina Gherghina, MD 0.10 09/15/2023 CJS Review correspondence from Ventina Gherghina, MD regarding 0.10 payment for records 09/16/2023 CJS Review Notice of Unavailability filed by co -counsel for Plaintiff 0.20 09/21/2023 CJS Review records in response to subpoena from T -Mobile 0.50 09/26/2023 MCN Telephone conference with the records custodian for Valentina 0.10 Gherghina, MD, PA regarding our request for Plaintiff's records 183 Invoice Number 76402 Page 2 Total Professional Services: $957.50 Stearns, Chris J. 4.20 225.00 $945.00 Nunez, Michelle C. 0.10 125.00 $12.50 DISBURSEMENTS 0910812023 Serv. of Process; On Time Legal Services Inv # 2023002589 served on: 30.00 Printing and Imaging Services Valentina Gherghina, MD, MRC 0913012023 0910812023 Serv. of Process; On Time Legal Services Inv # 20263002592 served on: 30.00 Total Expenses Advanced: South Palm Orthopedics, MRC Summary: 0910812023 Serv. of Process; On Time Legal Services Inv # 2023002588 served on: 30.00 Total professional services First Rehab of Lake Worth, MRC 0911812023 Verisma Systems; Invoice # 09/18/2023; Medical records from Bethesda 48.00 Total Amount Billed Hospital East 091 1812023 Chartswap; Invoice # 09/18/2023; Medical records from Diagnostic Centers 45.50 Please Pay this Amount of America 0911812023 Bethesda Hospital; Invoice # 09/18/2023; Medical records 38.35 0912012023 Bethesda Hospital; Invoice # 8353; Medical records/Radiology Films 38.35 0913012023 Printing and Imaging Services 2.45 0913012023 Postage Summary 2.59 Total Expenses Advanced: $265.24 Summary: Total professional services $957.50 Total expenses incurred +$265.24 Total Amount Billed $1,222.74 Less Pre -Paid Applied $0.00 Please Pay this Amount $1,222.74 184 Johnson, Anselmo, Murdoch, Burke, Piper & Hochman, P.A. 2455 E. Sunrise Blvd. Suite #1000 Fort Lauderdale, Florida 33304 Tax I.D.#: 65-0220140 October 17, 2023 Billed Through 09/30/2023 Invoice 76401 / 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: 09/06/2023 CJS Prepare correspondence to Morgan Chaloupka regarding cost check to 0.20 City by Geico 09/21/2023 CJS Telephone conference with Bart Cozad, Esq., regarding dismissal with 0.30 each party to bear their own costs 09/21/2023 CJS Prepare correspondence to Bart Cozad, Esq., regarding dismissal and 0.30 stipulation 09/21/2023 CJS Review correspondence from Bart Cozad, Esq., regarding dismissal 0.20 without prejudice rather than with prejudice 09/21/2023 CJS Prepare correspondence to Bart Cozad, Esq., regarding reasons for 0.20 dismissal without prejudice 09/21/2023 CJS Review correspondence from Bart Cozad, Esq., regarding agreement to 0.20 dismissal without prejudice 09/28/2023 CJS Prepare correspondence to City regarding dismissal of cross-claim and 0.20 closure of file 09/28/2023 CJS Review correspondence from Morgan Chaloupka regarding dismissal 0.20 and closure of file Total Professional Services: $405.00 Stearns, Chris J. 1.80 225.00 $405.00 DISBURSEMENTS 185 Invoice Number 76401 Page 2 0911112023 Federal Express; Invoice # 824573553; Express Mail to City of Boynton Beach, Ms. Morgan Chaloupka Summary: Total Expenses Advanced: Total professional services $405.00 Total expenses incurred +$11.43 Total Amount Billed $416.43 Less Pre -Paid Applied $0.00 Please Pay this Amount $416.43 11.43 $11.43 LAW 2600 Douglas Road PH -4 Coral Gables, FL 33134 (305) 446-5528 (305) 446-0995 Fax October 17, 2023 TAX I.D. 92-1828074 Claims/Human Resources and Risk Manageme City of Boynton Beach Invoice No. 6423 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 9/5/2023 WL Rec and rev e-mail exchange re Plaintiffs 0.40 $56.00 $56.00 filings WL Rec and rev e-mail exchange re pretrial 0.30 $42.00 $42.00 deadlines 9/6/2023 WL Legal Research re standard for future 0.80 $112.00 $112.00 earning capacity 9/7/2023 WL Rec and rev e-mail exchange re joint 0.90 $126.00 $126.00 response to motion in limine WL Review/revise response in opposition to 1.00 $140.00 $140.00 Plaintiffs motion in limine 9/8/2023 WL Draft response in opposition to motion in 0.20 $28.00 $28.00 limine 9/12/2023 WL Rec and rev e-mail exchange re pretrial 0.80 $112.00 $112.00 deadlines 9/13/2023 WL Rec and rev Defendants' joint motion to stay 0.30 $42.00 $42.00 remaining pretrial deadlines 9/29/2023 WL Rec and rev Order Granting In Part and 0.90 $126.00 $126.00 Denying In Part motion for summary judgment WL Rec and rev e-mail exchange re order on 0.40 $56.00 $56.00 motion for summary judgment 187 Claims/Human Resources and Risk Manageme 9/29/2023 WL Rec and rev e-mail from Nicole Sauvola-LaMay re motion for summary judgment ruling For professional services rendered Previous balance Balance due Timekeeper Summary Name Lourdes E. Wydler PLEASE MAKE CHECKS PAYABLE TO WYDLER LAW Hours Amount 0.20 $28.00 Page 2 Amount $28.00 6.20 $868.00 $1,888.00 oz, / 013.uu Hours Rate 6.20 140.00 188 Johnson, Anselmo, Murdoch, Burke, Piper & Hochman, P.A. 2455 E. Sunrise Blvd. Suite #1000 Fort Lauderdale, Florida 33304 Tax I.D.#: 65-0220140 October 18, 2023 Billed Through 09/30/2023 Invoice 76435 / 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: 09/08/2023 SDA Review and exchange drafts of Response to Motions in Limine on behalf 1.30 of all officers 09/12/2023 SDA Review and exchange 6 emails with Co -Defendant Counsel on obtaining 0.60 an extension as to the remianing pretrial deadlines 09/12/2023 SDA Prepare correspondence to all Counsel volunteering to prepare Motion 0.20 09/12/2023 SDA Research regarding 11th Circuit interlocutory jurisdiction and decisions 1.50 on resolving qualified immunity before requiring parties to face pretrial rigors 09/12/2023 SDA Prepare Motion to Suspend final Pretrial Deadlines 1.20 09/12/2023 SDA Circulate draft Motion to all parties 0.20 Total Professional Services: $1,125.00 Alexander, Scott D 5.00 225.00 $1,125.00 DISBURSEMENTS 0913012023 Printing and Imaging Services 7.00 0913012023 PACER Research 13.70 Total Expenses Advanced: $20.70 Summary: 189 Total professional services Total expenses incurred Total Amount Billed Less Pre -Paid Applied Please Pay this Amount Invoice Number 76435 Page 2 $1,125.00 +$20.70 $1,145.70 $0.00 $1,145.70 190 Johnson, Anselmo, Murdoch, Burke, Piper & Hochman, P.A. 2455 E. Sunrise Blvd. Suite #1000 Fort Lauderdale, Florida 33304 Tax I.D.#: 65-0220140 October 18, 2023 Billed Through 09/30/2023 Invoice 76436 / 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: 09/06/2023 JLH Review court docket regarding absence of filing of amended pleading 0.20 Total Professional Services: $45.00 Hochman, J L 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 $45.00 191 WEISS SEROTA HELFMAN COLE & BIERMAN, P.L. 2800 Ponce de Leon Boulevard Suite 1200 Coral Gables, FL 33134 305-854-0800 Fax 305-854-2323 Tax ID No. 20-8112403 THIS FROM PRIOR Boynton Beach, City of October 11, 2023 c/o Lynn Swanson Invoice # 275665 swansonl@bbfl.us Page 1 of 3 CLIENT: 5774 - Boynton Beach, City of Re: 001 General Labor and Employment Law For Professional Services Rendered Date Services Hours Amount 09/01/23 bjs Review And Respond To Correspondence From Ms. 0.20 56.00 Abaroa Re Revisions To Promotion Policy 09/01/23 bjs Review Biazar Separation Agreement; Review And 0.40 112.00 Respond To Correspondence From Ms. Swanson Re Same 09/01/23 bjs Telephone Conference With Ms. Swanson Re 0.30 84.00 Employee Severance Agreement 09/05/23 bjs Review And Respond To Various Correspondence 0.30 84.00 Re Employee Secondary Employment Issue 09/05/23 bjs Review And Analyze Various Correspondence Re 0.40 112.00 Updated Employment Letters 09/06/23 bjs Review And Respond To Various Correspondence 0.40 112.00 Re Mechanics Of Issuing Severance Pay Following Execution Of Severance Agreement; Confer Re Same 09/06/23 rwh Begin Researching Case Law Re: Retroactive 1.00 250.00 Ordinances 09/07/23 bjs Review And Respond To Correspondence From 0.20 56.00 Finance Department Re Issuance Of Severance Pay To Former Employee 09/07/23 rwh Continue Researching Ordinances And Retroactivity 1.70 425.00 09/07/23 bjs Review And Respond To Correspondence From Ms. 0.20 56.00 DeCoste Re Police Personnel Issue 09/07/23 bjs Review PERC Order Re Police Captain Recognition; 0.30 84.00 Review And Respond To Correspondence From Ms. DeCoste Re Same 09/08/23 bjs Review And Respond To Various Correspondence 0.30 84.00 Re Pending Issues 09/08/23 bjs Review Krusell Severance Agreement; Review And 0.40 112.00 Respond To Correspondence Re Same 192 For Professional Services Rendered Date Services 09/08/23 bjs Review And Respond To Various Correspondence 0.40 Re Public Records Issue Related To Pre Employment 0.50 Psychological Exams 09/08/23 bjs Telephone Conferences With Ms. DeCoste And Police Chief Re Police Captain Union Certification Issue 09/08/23 bjs Analyze Strategy Re Police Captain PERC Status 09/08/23 rwh Research PRR Re: Psychological Exam 09/08/23 rwh Review And Analyze Art Advisory Board Policy 09/11/23 bjs Review And Revise Draft last Chance Agreement For FF Bernard 09/11/23 bjs Review Draft Ordinance Increasing Civilian DROP Term to 8 Years; Review And Respond To Correspondence Re Draft MOU Adopting Same 09/12/23 bjs Review And Respond To Correspondence Re Potential Changes To Department Head Benefits 09/12/23 bjs Review And Respond To Various Correspondence Re pending Personnel Issues 09/12/23 cgs Gather Background Information Concerning SEIU CBA And DROP Ordinance And Prepare Draft MOU 09/13/23 bjs Review Draft MOU Adopting 8 Year DROP; Review And Respond To Correspondence Re Same 09/13/23 cgs Review And Revise MOU Re DROP Amendment 09/13/23 bjs Telephone Conference With Ms. DeCoste re Pending Personnel Issues 09/14/23 bjs Confer And Develop Strategy Re Pending Issues 09/14/23 bjs Review Updated Draft MOU Re Extension To Civilian Pension DROP 09/18/23 bjs Review Draft Updates To ADA Policy; Review And Respond To Correspondence RE Same 09/18/23 Imm Receipt And Review Of Draft ADA Policy 09/19/23 bjs Review And Analyze Correspondence Re Draft City Attorney Contract 09/20/23 bjs Telephone Conference With Ms. DeCoste Re Pending Personnel Issues 09/20/23 bjs Review And Respond To Various Correspondence Re pending Personnel Issues 09/21/23 bjs Review And Respond To Various Correspondence Re Pending Personnel Issues 09/21/23 bjs Review And Revise Draft Temporary Employment Offer Letter 09/21/23 bjs Review And Revise Draft Employment Agreement For City Attorney 09/22/23 bjs Review And Respond To Various Correspondence Re Proposed Revisions To City Attorney Employment Agreement 09/22/23 bjs Telephone Conference With Ms. Swanson Re Revisions To City Attorney Employment Agreement 09/26/23 bjs Telephone Conference With City HR Rep Re Fire Cancer Presumption 09/26/23 bjs Review And Analyze Client Documents And State Law Re Availability Of Cancer Benefit To Retired Firefighter; Review And Respond To Correspondence From Ms. Harvard Re Same Hours Amount 0.20 56.00 0.40 112.00 0.30 84.00 0.50 125.00 0.40 100.00 0.50 140.00 0.20 56.00 0.30 84.00 0.90 225.00 0.30 84.00 1.00 250.00 0.20 56.00 0.30 84.00 0.20 56.00 0.30 84.00 0.40 112.00 0.20 56.00 0.20 56.00 0.30 84.00 0.30 84.00 0.30 84.00 0.50 140.00 0.40 112.00 0.40 112.00 0.30 84.00 0.50 140.00 193 For Professional Services Rendered Date Services Hours Amount 09/27/23 bjs Review And Respond To Correspondence From Ms. 0.20 56.00 Swanson Re Pending Personnel issues 09/28/23 bjs Review And Respond To Correspondence From Ms. 0.20 56.00 Swanson Re Updated Employment Letters 09/29/23 bjs Review And Respond To Correspondence Re 0.20 56.00 Pending Personnel Issues 09/29/23 Imm Review And Revise Temporary Employment Offer 0.60 168.00 Letter For Park Ranger 09/29/23 bjs Review And Respond To Various Correspondence 0.30 84.00 Re Temporary Employment Offer Letter 09/29/23 bjs Review And Respond To Correspondence Re 0.20 56.00 Firefighter Pre -Determination Meeting 09/29/23 bjs Review And Respond To Correspondence Re 0.20 56.00 Pending Personnel Issues 09/30/23 bjs Confer Re Strategy For Pending Personnel Issues 0.30 84.00 Total Professional Services 18.40 $4,987.00 Invoice Summary For Professional Services 4,987.00 For Disbursements Incurred 0.00 Total this Invoice $4,987.00 Payments Can Be Wire Transferred To: City National Bank of Florida 2855 LeJeune Road Coral Gables, FL 33134 SWIFT Code: CNBFUS3M ABA#: 066004367 Account Name: Weiss Serota Helfman Cole & Bierman, P.L. Operating Account Account No.: 1753777107 PLEASE INCLUDE INVOICE NUMBER 194 Lnrn ANEISS... SER.O"'I'A 14"t."TFMAN COLE & BIERMAN, PA.'_.. 2800 Porice de keon Boulevard Suite 1200 Coral Gables, FT 33 134 .305-85d-0800 1',',ix 305-854-2323 "I'ax If:) No. 20-8112(103 "rHIS INVOICE MAY CONTAIN ATTORNEY I C LIENTINFO RMATI EXEMPT' FROM PUBLIC DISCLOSURE. CONTACT US PRIOR TO RELEASE,. Boynton Beach, City of October 11, 2023 c/o Lynn Swanson Invoice # 275629 swansonl@bbfl.us Page 1 of 12 CLIENT: 5774 - Boynton Beach, City of Re" 002 General Matters Date Services Hours Amount 09/0'1/23 jrn Telephone Conference With Judicial Assistant 0,20 56.00 Regarding City Contacts For Municipal Prosecutions 09/01/23 jrn Receipt And Review Of Correspondence And 0.20 56.00 Attachment Regarding Bryce Powers Municipal Prosecution Hearing Re -,Set, 09/01/23 dnt Review And Analyze Agenda Items For September 0,50 140.00 14th Meeting 09/01/23 dnt Review And Analyze Ethics Opinion Regarding City 0,50 '140.00 Firefighter Secondary Employment And Transmit To Fire Chief 09/01/23 dnt Review And Analyze Documents Associated With 0.40 112.00 Intracoastal Park Conservation Easement 09/05/23 anj Review And Respond To Concerns Regarding 0.20 50.00 F: -Verify Requirement 09/05/23 anj Review Agreement For Concession Services UO 56,00 09/05/23 anj Review, Analyze And Approve Agenda Items For 130 476.00 Sep'tember 14 Meeting, Including Iterns 599, 598, 597,550 09/05/23 jrn Receipt And Review Of Multiple Correspondence 0,60 168,00 From City Requesting Review Of Alarm Installation Agreement, And Preparation Of Responses To Same 09/05/23 anj Review Arid Analyze Agenda Iterns 478, 472, 467 0,80 224,00 Including All Background Information; Correspond With City Staff Regarding Various Issues Relating To Same 09/05/23 jrn Review And Revise Alarm Installation Agreement 0,90 252.00 09/05/23 drat Prepare For And Attend City Commission Meeting At 6.00 1,680,00 City Hall For Professional Services Rendered Date Services Hours Amount 09/05/23 dnt Attend Meeting With Mayor Penserga Regarding City 0.80 224.00 Commission Meeting Agenda And Related Legal Matters 09/05/23 dnt Attend Meeting With Mr. Mack Regarding Mangrove 0.30 84.00 Park Status 09/05/23 dnt Telephone Conference With Ms. Radigan, Mr. Oyer 0.60 168.00 Regarding Casa Del Mar Condition Of Development Related To Undergrounding Of Utilities 09/05/23 dnt Telephone Conference With Vice -Mayor Turkin 0.30 84.00 Regarding City Commission Meeting Agenda Items 09/05/23 dnt Review And Analyze Drainage Easement For 0.50 140.00 Coquina Cove/Mr. Keith - 801 Shore Drive 09/05/23 dnt Review And Revise Easement Agreement For Lot 52 0.50 140.00 - Quantum 09/05/23 dnt Review And Analyze Documents Related To 0.40 112.00 Intracoastal Park Mangrove Conservation Easement 09/05/23 dnt Review And Analyze Settlement Agreement For Lot 0.40 112.00 71 Quantum Park And Ability To Develop 09/05/23 dnt Review And Analyze Agenda For City Commission 0.60 168.00 Meeting 09/05/23 dnt Review And Analyze Issue Related To Public Hearing 0.30 84.00 For Millage And Budget Adoption 09/05/23 dnt Review And Analyze Issues Related To Adjustment 0.40 112.00 Of City Commission Salaries By Ordinance 09/05/23 dnt Review And Analyze Issue Related To City Employee 0.40 112.00 Working For Another Municipality's 911 Call Center 09/05/23 dnt Review And Analyze Correspondence Related To 0.30 84.00 The Cove PUD Short Term Rental Issue 09/05/23 clw Review Of Correspondence From ATT Re WCF 0.50 125.00 Ordinance; Analyze Issues Re WCF In Public Right Of Way; And Respond To Correspondence Re Same 09/05/23 ram Prepare For Public Records Seminar 1.00 280.00 09/05/23 ram Conference With City Attorney Concerning Public 0.30 84.00 Participation At Budget Hearings 09/06/23 anj Review, Analyze, And Approve Several New Agenda 2.90 812.00 Items For September 14 Commission Meeting, Including Agreements, Bids And Grants; Confer With Ms. Swanson Regarding Same 09/06/23 rwh Conference Regarding Ordinance And 0.20 50.00 Commissioners Right To Appeal 09/06/23 rwh Review And Analyze Documents Sent Re: Harmony 0.30 75.00 Sculpture In Relation To Right To Appeal 09/06/23 anj Review And Respond To Follow-up Concerns 0.20 56.00 Regarding E -Verify Requirement From Mr. Chakon 09/06/23 dnt Telephone Conference With Ms. Radigan And Ms. 0.50 140.00 Kim Regarding The Cove PUD And Short Term Rental Use 09/06/23 dnt Telephone Conference With Mr. Kuntzman And Mr. 0.50 140.00 Temple Regarding Lakeside Harbor Dock Issue 09/06/23 dnt Telephone Conference With Commissioner Cruz 0.60 168.00 Regarding Art In Public Places/Art Advisory Board Ordinance Issues 09/06/23 dnt Review And Analyze Agenda Items For City 0.50 140.00 Commission Meeting W rn T For Professional Services Rendered Date Services Hours Amount 09/06/23 clw Review Of Zoning Appeal Letter Re Short Term 1.20 300.00 Rental; Conference With Staff Re Same And Follow -Up 09/07/23 anj Review And Analyze Agenda Items 0.50 140.00 09/07/23 anj Prepare Response To Ms. Abaroa Regarding 0.20 56.00 Agreement With Criteria 09/07/23 anj Prepare Agreement To Sell Alcohol At Pirate Fest 0.70 196.00 09/07/23 jrn Receipt And Review Of Correspondence Regarding 0.20 56.00 Donation Of LETF Funds 09/07/23 jrn Receipt And Review Of Correspondence From City 0.30 84.00 Regarding Alarm Installation Agreement, And Preparation Of Response To Same 09/07/23 anj Review And Respond To Correspondence Regarding 0.20 56.00 Agreement With MetLife 09/07/23 jrn Telephone Call With Client Concerning Alarm 0.70 196.00 Installation Agreement Revisions 09/07/23 jrn Receipt And Review Of Correspondence From 0.30 84.00 Judicial Assistant Regarding Motions For Substitution Of Counsel, And Preparation Of Response To Same 09/07/23 dnt Review And Analyze Agenda Items For September 2.00 560.00 14th Commission Meeting 09/07/23 dnt Review And Analyze Documents Related To The 0.50 140.00 Tradewinds Master Plan PUD And PCD 09/07/23 anj Review And Respond To Correspondence Relating 0.20 56.00 To Chronic Nuisance Committee 09/08/23 jrn Receipt And Review Of Multiple Correspondence 0.60 168.00 From City Regarding Alarm Services Agreement, And Preparation Of Response To Same 09/08/23 jrn Review And Revise Latest Proposed Amendments 0.20 56.00 To Alarm Installation Agreement 09/10/23 anj Begin Review And Analysis Of Chronic Nuisance 0.70 196.00 Packet For The Cove And Related Correspondence 09/11/23 anj Continue To Prepare Draft Agreement With 2.20 616.00 Professional Concessions 09/11/23 rwh Research Vested Rights And Retroactivity 2.00 500.00 09/11/23 anj Develop Strategy Regarding Vested Interest Issue 0.30 84.00 Concerning Public Art Advisory Board Decisions 09/11/23 rwh Review Agenda 8.10.23 Re: Art Board Committee 0.70 175.00 And Conference Regarding Meeting 09/11/23 anj Confer Regarding Chronic Nuisance Ordinance And 0.30 84.00 State Statute 09/11/23 rwh Conference Re: Retro Ordinances 0.50 125.00 09/11/23 dnt Develop Strategy Concerning Art Advisory Board 0.80 224.00 Approval Of Artwork And Subsequent Ordinance Amendment 09/11/23 dnt Telephone Conference With Ms. Matos Regarding 0.20 56.00 Advisory Board Ordinance And Public Art Fee 09/12/23 jrn Prepare For And Attend Hearing On Bryce Powers 0.90 252.00 Municipal Prosecution For Professional Services Rendered Date Services Hours Amount 09/12/23 anj Attend To Matters During Office Hours Including 4.50 1,260.00 Meeting With Ms. Stone Regarding Abatement Issues; Reviewing And Revising Letter Agreements, Notices And Issues Relating To City Ordinance; Review And Compare New Abatement Agreements With Prior Agreements 09/12/23 jrn Receipt And Review Of Correspondence From Client 0.20 56.00 Regarding Alarm Installation Agreement Revisions 09/12/23 jrn Receipt And Review Of Multiple Correspondence 0.70 196.00 From City Requesting Review Of Docs For S.A.F.E. Grant Agreement, And Preparation Of Responses To Same 09/12/23 jrn Review S.A.F.E. Agreements, Including Revisions To 2.00 560.00 PBSO Interlocal Agreement 09/12/23 dnt Prepare For And Attend Joint CRA City Commission 1.00 280.00 Meeting At City Hall 09/12/23 dnt Develop Strategy Concerning Casa Del Mar 0.20 56.00 Condition Of Approval For Undergrounding - Discussion With Mr. Temple 09/12/23 dnt Telephone Conference With Ms. Rosmell Regarding 0.30 84.00 The Pierce Development - Extension Of Development Milestones 09/12/23 dnt Review And Analyze The Pierce Parking Agreement 0.40 112.00 And Related Documents To Determine City's Role 09/12/23 dnt Review And Analyze Issues Related To Approval Of 1.40 392.00 Public Art And Ability To Change Decision 09/12/23 dnt Telephone Conference With Commissioner Cruz 0.50 140.00 Regarding Approval Of Sculpture And Ability To Rescind Or Reverse Vote 09/12/23 dnt Draft E -Mail To Commissioner Cruz Regarding Legal 0.70 196.00 Analysis Of Revocation Of Art Advisory Board Action 09/12/23 dnt Attend Meeting With Mr. Mack, Ms. Walls, Mr. Young 0.80 224.00 Regarding Parks And Public Safety Bond Issue 09/12/23 ram Finalize Preparation For Public Records Workshop 0.50 140.00 09/12/23 eph Review Emails Concerning Fire Station 4 HVAC 0.30 84.00 Problems; Offer Assistance To Mr. Stinson 09/13/23 jrn Receipt And Review Of Correspondence From Police 0.30 84.00 Department Regarding Interlocal Agreement With Palm Beach County Sheriff's Office, And Preparation Of Response To Same 09/13/23 dnt Review And Analyze Agenda Items For City 0.50 140.00 Commission Meeting (SCRWTB Budget And Use Of Forfeiture Funds) 09/13/23 dnt Review And Analyze Issues Related To Approval Of 0.30 84.00 Budget And Millage 09/14/23 anj Attend To Matters During Office Hours, Including 4.50 1,260.00 Meeting With Ms. Guim; Review And Revise Various Agreements; Review And Analyze Police Reports And Redactions To Same; Call With Captain Burdelski 09/14/23 Isl Draft Bond Documents Resolution Calling For A 6.50 1,820.00 Bond Referendum 00 rn T For Professional Services Rendered Date Services Hours Amount 09/14/23 anj Review Correspondence Regarding County's 0.70 196.00 Adoption Of Website To Publish Legal Notices; Conduct Research Regarding Same; Call With Ms. De Jesus Regarding Same 09/14/23 dnt Prepare For And Attend City Commission Meeting At 5.80 1,624.00 City Hall 09/14/23 dnt Attend Meeting With Vice Mayor And City Staff 0.30 84.00 Regarding Agenda Review 09/14/23 dnt Telephone Conference With Ms. Kalkat, Ms. Prymus, 0.50 140.00 And Mr. Webber Regarding Lakeside Gardens Drainage Improvements And Letter From Mr. Landry 09/14/23 dnt Review And Analyze Correspondence From Mr. 0.50 140.00 Homer Regarding Lakeside Drainage Project 09/14/23 dnt Review And Analyze Draft Resolution Regarding 0.40 112.00 Bond Issue For Parks And Public Safety 09/14/23 dnt Review And Analyze Documents - Minutes And 0.80 224.00 Development Agreement Related To Casa Del Mar Undergrounding Of Electric Utilities 09/14/23 dnt Draft Drainage Easement For Shore Drive Property 1.10 308.00 Owned By Mr. Keith 09/14/23 ram Telephone Conference With City Attorney's Office 0.30 84.00 Concerning Public Records Request -- Police Department Records 09/15/23 dnt Telephone Conference With Ms. Kalkat Regarding 0.30 84.00 Utility Bill Processing In Light Of Proposed Rate Adjustment 09/15/23 dnt Follow Up On Items From Meeting Related To 0.50 140.00 Advisory Board Ordinance And Budget Hearing Recess 09/15/23 dnt Review And Revise Drainage Easement For Shore 0.40 112.00 Drive Property 09/15/23 dnt Review And Analyze Issues Related To Lien On 0.30 84.00 Property That Was Conveyed To City - Release Lien On Bride Of Christ Lot 09/15/23 ram Finalize Preparation For 9/19 Public Records 0.30 84.00 Workshop 09/15/23 anj Complete Review And Revision Of Agreement With 1.00 280.00 Palm Beach County 09/15/23 anj Begin To Review Agreement With Home Depot 0.30 84.00 09/15/23 jla Review And Analyze Agenda For Hearing On 0.60 168.00 September 20, 2023 09/17/23 anj Summarize Revisions And Correspond With City 0.30 84.00 Staff Regarding Agreements With Palm Beach County And Home Depo 09/17/23 anj Revise And Analyze Nuisance Abatement 1.30 364.00 Agreements, Security Requirements, And Cover Letter; Confirm Accuracy Of Information Contained In Same; Correspond With City Staff Regarding Same 09/17/23 anj Review, Analyze And Approve Agenda Items For Oct. 0.40 112.00 3 Meeting 09/17/23 anj Begin To Review, Analyze And Revise RFQ 1.40 392.00 PWE23-058 For Professional Services Rendered Date Services Hours Amount 09/18/23 anj Review And Revise Updated Version Of Agreement 0.70 196.00 With PCI; Correspond With City Staff Regarding Same 09/18/23 anj Review And Analyze Additional Terms Of Use With 0.60 168.00 Recycle Coach; Summarize Concerns And Correspond With Ms. Brown Regarding Same 09/18/23 anj Complete Review Of PWE23-058 And Attached Draft 2.30 644.00 Agreement; Summarize Recommended Changes 09/18/23 anj Confer Regarding Public Records Exemptions To 0.50 140.00 Police Reports 09/18/23 anj Review And Respond To Response From County 0.30 84.00 Regarding City's Proposed Revisions To Agreement For Swimming Lessons 09/18/23 anj Review And Revise Agreement With Lighting 0.50 140.00 Wireless Solutions And Proposed Addendum 09/18/23 anj Begin Review And Revision Of Roadway 0.40 112.00 Management Technologies 09/18/23 dnt Draft Correspondence To Mr. Franklin Regarding 1.20 336.00 Lakeside Gardens Drainage Project 09/18/23 dnt Telephone Conference With Ms. Jensen Regarding 0.30 84.00 8 -Year Drop Ordinance Scrivener's Error 09/18/23 dnt Review And Analyze Final Version Of Advisory Board 0.40 112.00 Ordinance 09/18/23 dnt Review And Analyze Issues Associated With 0.30 84.00 Execution Of Home Depot Credit Card Agreement 09/18/23 dnt Review And Analyze Documents Related To City 0.50 140.00 Conveyance Of Lot 701 And Associated Easement To FDOT For Gateway Interchange Improvements 09/19/23 anj Review, Analyze And Approve Agenda Items 0.80 224.00 09/19/23 anj Review And Respond To Proposed Revisions To 0.30 84.00 Ezell Hester Bid 09/19/23 anj Review And Revise RMT Agreement 2.30 644.00 09/19/23 anj Review And Analyze MetLife's Proposed Revisions 0.30 84.00 To Agreement For Fraud Protection 09/19/23 anj Begin Review Of In -Kind Sponsorship Agreements 0.20 56.00 09/19/23 anj Complete Review Of Incident Reports For Cove 1.50 420.00 Properties 09/19/23 dnt Attend Public Records Training With City Staff And 2.00 560.00 Mr. Meyers At City Hall 09/19/23 dnt Review And Analyze Attend Office Hours - Review 2.00 560.00 Documents Related To Gateway Dr Interchange Improvements And Other Pending Legal Matters 09/19/23 dnt Review And Revise Letter To Mr. Franklin Regarding 0.30 84.00 Lakeside Gardens Drainage Project 09/19/23 ram Attend And Facilitate Public Records Workshop 1.70 476.00 09/19/23 ram Finalize Preparation For Public Records Workshop 0.40 112.00 09/19/23 ram Conference Concerning Revisions Of Slides For 0.20 56.00 Public Records Training Workshop 09/20/23 anj Develop Strategy To Address Public Records 1.60 448.00 Concerns Relating To Redactions In Police Reports; Call With Captain Burdelski Regarding Same 09/20/23 anj Prepare Additional Revisions To Indemnification 0.50 140.00 Language In Agreement With MetLife; Correspond With City Staff Regarding Same 0 0 N For Professional Services Rendered Date Services Hours Amount 09/20/23 anj Review, Analyze And Research Current Language In 1.70 476.00 Section 252.363 Against 2022 Language To Address Ms. Radigan's Inquiry Regarding Applicable Tolling Periods 09/20/23 jrn Conference Concerning Code Violations, Nuisance 0.40 112.00 Panel, And Public Records Requests 09/20/23 anj Call With Ms. Stone Regarding Chronic Nuisance 0.50 140.00 Citation For Cove Properties 09/20/23 anj Review, Analyze, And Approve Agenda Items For 1.50 420.00 October 3 Meeting 09/20/23 dnt Review And Analyze Issues Related To Tolling And 0.70 196.00 Extension Of Development Orders Due To Executive Order Issuance 09/20/23 dnt Review And Analyze Status Of Execution Of 8 -Year 0.30 84.00 DROP Ordinance 09/20/23 dnt Review And Analyze Proposed SHIP Partnership 0.60 168.00 Agreement For Grant Funds 09/20/23 dnt Review And Analyze Harvey Oyer Boat Pier Initiative 0.30 84.00 Parnership With Sea Turtle Organization 09/20/23 dnt Review And Analyze Public Records Request From 0.30 84.00 Ms. Daly And Obligation To Pay $100 Processing Fee 09/21/23 jrn Receipt And Review Of Multiple Correspondence 0.50 140.00 From City Regarding Disposal Of Firearms And Prospective Contracting With Vendor, And Preparation Of Responses To Same 09/21/23 anj Conduct Additional Research And Analysis Of New 1.40 392.00 Legislation Relation To Section 252.363; Call With Florida League Of Cities Regarding Same 09/21/23 anj Begin Review Of Rafelis Contract And Related 0.30 84.00 Invoices 09/21/23 clw Conference Call With Staff Re Fortune Teller Use 0.50 125.00 09/21/23 anj Attend To Matters During Office Hours Including, 4.50 1,260.00 Review And Analysis Of Fee Dispute With Raftelis; Call With Mr. Young; Review And Revisions To Several Agreements 09/21/23 dnt Draft Letter To Mr. Homer Regarding Public Records 0.50 140.00 Request For Lakeside Gardens Project 09/21/23 dnt Telephone Conference With Ms. Matos Regarding 0.30 84.00 Use Of ARPA Funds 09/21/23 dnt Review And Analyze Ability Of City To Use ARPA 0.90 252.00 Funds For Improvements To Theatre (Lighting And Sound) 09/21/23 dnt Review And Analyze Extension Of Development 0.40 112.00 Orders Under Executive Order Statutory Provisions 09/21/23 dnt Review And Analyze Agreement With Sea Turtle 0.50 140.00 Adventures - Partnership - Oyer Park Program 09/21/23 dnt Review And Analyze RMT Agreement And FPL 0.40 112.00 Bundle Of Easements And Provide Recommendation 09/21/23 dnt Review And Revise SHIP Funding Partnership 0.40 112.00 Agreement 09/21/23 dnt Review And Analyze Request For Satisfaction Of City 0.40 112.00 Loan 2701 NW 2nd Street And Satisfaction Document T N For Professional Services Rendered Date Services Hours Amount 09/21/23 dnt Review And Analyze Issues Related To City's 0.40 112.00 Destruction Of Abandoned Firearms 09/22/23 anj Review, Analyze And Approve Agenda Item For 0.50 140.00 October 3 Meeting 09/22/23 anj Review And Analyze Requested Limitation To City's 0.60 168.00 Insurance Requirements For Agreement With KeyTrak; Correspond With City Staff Regarding Same 09/22/23 clw Receipt And Review Of Correspondence Re Boynton 0.50 125.00 Beach Office Condominium Development; Analyze Issues Re Same And Draft Correspondence 09/22/23 slt Confer re Applying Display Rules to Existing 0.20 56.00 Businesses 09/22/23 dnt Review And Analyze Ordinances And Documents 0.80 224.00 Related To Screening Of Retail Products - Tobacco Paraphernalia 09/22/23 dnt Telephone Conference With Ms. Radigan Regarding 0.40 112.00 Screening Of Retail Products - Tobacco Paraphernalia 09/22/23 dnt Review And Analyze Use Of Business Impact 0.80 224.00 Estimate As Required By State Law For Adoption Of Ordinances 09/22/23 dnt Review And Analyze Issues Related To Use Of 0.60 168.00 ARPA Funds For Auditorium Renovations And Need For Competitive Procurement 09/22/23 dnt Review And Analyze Insurance Provisions In 0.30 84.00 Agreement With KeyTrak 09/22/23 dnt Review And Analyze Request To Transfer Property 0.30 84.00 From City To CRA 1101 N Federal Highway 09/22/23 dnt Review And Analyze Documents Associated With 0.50 140.00 NFL Grant For Ezell Hester Center Football Field 09/23/23 dnt Draft Memorandum Related To Screening Of 0.60 168.00 Tobacco Paraphernalia 09/24/23 dnt Review And Revise Memorandum Related To 1.00 280.00 Screening Of Tobacco Paraphernalia 09/25/23 anj Review And Attend To Agenda Items For October 3 0.50 140.00 Meeting; Confer With City Staff Regarding The Same 09/25/23 anj Review And Analyze Concerns From Risk And 0.20 56.00 Procurement Regarding Golf Cart Rental Agreement 09/25/23 anj Review Barwis Field Project Agreement; Review And 0.30 84.00 Revise First Amendment To Same 09/25/23 anj Review And Analyze Final Language To Addendum 0.60 168.00 For Criteria Agreement; Compare Against City's Final Proposed Terms; Respond To Follow-up Inquires 09/25/23 anj Review And Analyze Preferred Government 1.30 364.00 Insurance Trust Agreement And Incorporated Interlocal Agreement 09/25/23 anj Review And Analyze Proposed Revisions From 0.40 112.00 Recycle Coach; Respond To Follow -Up Questions 09/25/23 anj Prepare Draft Response Arguments Justifying City's 1.70 476.00 Position For Mr. Young Regarding Fee Dispute With Rafelis; Analyze Agreement And Scope Of Services To Prepare Same N O N For Professional Services Rendered Date Services Hours Amount 09/25/23 anj Review Correspondence From Vendor Regarding 0.20 56.00 RMT Agreement; Respond To Same 09/25/23 anj Begin To Review And Analyze Contract Templates 0.50 140.00 From Procurement For Revision 09/25/23 anj Review AssetWorks Agreement For Fluid Focus 0.50 140.00 Interface Adaptor; Compare Against Previous Agenda Item And Agreement 09/25/23 anj Review And Analyze Agreement With Antasia OJT 0.30 84.00 09/25/23 clw Conference Call With Staff Re Unity of Control And 1.00 250.00 Follow -Up Re Same 09/26/23 jg Communicate With Counsel For Debtor Regarding 0.50 140.00 Utility; Review Bankruptcy Court Orders And Letter Regarding Yellow Corporation Bankruptcy 09/26/23 anj Attend To Matters During Office Hours Including 3.30 924.00 Meeting With Ms. Pinto; Call With Ms. Chaloupka; Review, Call With Ms. Favitta; Revise And Approve Several Agreements 09/26/23 anj Review And Confer Regarding Agreement With 0.20 56.00 MetLife 09/26/23 anj Review, Analyze And Approve Agenda Item For 0.50 140.00 October 3 Commission Meeting 09/26/23 anj Review And Respond To Issue Regarding 0.20 56.00 Employment Status For Antasia OJT Agreement 09/26/23 anj Exchange Correspondence Regarding Asset Works 0.20 56.00 Agreement And Need For Amendment 09/26/23 dnt Review And Analyze Documents And Agreements 0.80 224.00 Associated With Ezell Hester Park Improvements (Artificial Field Funding) 09/26/23 dnt Attend To Public Records Issues 0.70 196.00 09/26/23 dnt Review And Revise Memorandum Regarding 0.40 112.00 Screening Of Retail Displays 09/26/23 dnt Review And Revise First Amendmen To Barwis Field 0.50 140.00 Project Agreement 09/26/23 dnt Review And Analyze Police Impact Fee Study 0.40 112.00 Provided To City 09/27/23 jg Attend To Post -Petition Payout From Yellow 0.20 56.00 Corporation Bankruptcy 09/27/23 anj Research And Analyze Issue Relating To Whether 1.50 420.00 Death Certificates Contained In An Employees Personnel File Are Exempt From Public Disclosure; Summarize Same 09/27/23 anj Call With Ms. Radigan To Discuss Tolling Issue 0.20 56.00 09/27/23 anj Research And Analyze Whether Mortgage 2.30 644.00 Documents Contained In An Employee's Personnel Files Are Public Documents And Whether Loan Numbers Are Bank Account Numbers For Purposes Of Public Disclosure; Confer Regarding Same; Call With County Recorder's Office Regarding Same; Prepare Summary Of Same 09/27/23 Isl Review And Analyze Boynton Beach Police Impact 3.00 840.00 Fee Report 09/27/23 anj Review And Respond To Concerns Regarding 0.60 168.00 Revisions To MetLife Agreement And Status Of Same; Call With Ms. Harvard Regarding Same M O N For Professional Services Rendered Date Services Hours Amount 09/27/23 anj Review And Respond To Several Correspondence 0.60 168.00 To Address Additional Services For Asset Works Agreement; Review Additional Terms Regarding Same 09/27/23 anj Review, Analyze And Respond To Updated Version 0.70 196.00 Of Read Aloud And Sensory Bins Agreement; Exchange Several Correspondence Regarding Same 09/27/23 anj Call With City Staff To Discuss Sunshine Law Issue 0.20 56.00 Concerning Marine Advisory Board 09/27/23 anj Review Correspondence Regarding Employee 0.20 56.00 Personnel Files And Public Records; Call With Ms. DeCoste Regarding Same 09/27/23 anj Review Correspondence From Ms. Soplop Regarding 0.20 56.00 OJT Agreement 09/27/23 anj Call With Ms. Favitta Regarding Golf Cart Agreement 0.20 56.00 Update And Future Sponsorship Agreements 09/27/23 anj Review And Revise Terms And Conditions On 1.00 280.00 Purchasing Order To Update Same; Compare Same With Other Purchasing Orders From Other Municipalities 09/27/23 dnt Prepare For And Attend City Commission Continued 1.50 420.00 2nd Budget Hearing 09/27/23 dnt Attend Meeting With Mr. Mack And Ms. Whitefield 1.10 308.00 Regarding Town Square Matters 09/27/23 dnt Review And Analyze Agreement With Loggerhead 0.50 140.00 Marine Life Center For Fishing Line Disposal Cannisters 09/27/23 dnt Review And Analyze Business Impact Estimate Form 0.30 84.00 And Need For Publication/Posting 09/27/23 dnt Review And Analyze Cell Provider Collocation 0.30 84.00 Agreement And Related Matters 09/27/23 dnt Review And Analyze Issues Related To Documents 0.30 84.00 In Personnel File And Whether They Are Exempt From Production As Public Records 09/27/23 clw Follow -Up Re Unity Of Control; Conference With 0.80 200.00 Staff Re Same 09/28/23 anj Review And Revise Sports Provider Agreement, 2.30 644.00 Addendum To Same, And Related Interlocal Agreement With Palm Beach County 09/28/23 anj Review And Respond To Concerns Regarding New 0.60 168.00 Services For AssetWorks Agreements And Updated Information Relating To Same 09/28/23 anj Review And Respond To Several Inquires Regarding 1.90 532.00 In -Kind Agreements; Review Updated Version Of Axe Throwing Agreement; Review Ad Revise Updated Agreement To Incorporate Payment Terms And Further Address In -Kind Services 09/28/23 anj Call With Ms. Chaloupka Regarding Insurance, 0.50 140.00 Liability And Background Checks For Agreements With Sponsors For Pirate Fest 09/28/23 anj Review And Approve Catering Agreement For 0.20 56.00 League Of Cities Meeting 09/28/23 jrn Research Issue Concerning Use Of Forfeiture Funds 0.90 252.00 For Foundations Run By City Employees 0 N For Professional Services Rendered Date Services Hours Amount 09/28/23 jrn Receipt And Review Of Correspondence From City 0.30 84.00 Attorney Regarding Use Of Forfeiture Funds, And Preparation Of Response To Same 09/28/23 jrn Attend To Issues Concerning New Forfeiture Case 0.50 140.00 09/28/23 anj Review And Revise General Conditions And 2.80 784.00 Solicitation Terms For Procurement 09/28/23 dnt Review And Revise Agreement With MarineLife 1.50 420.00 Center And SeaTurtle Association For Oyer Park Monofilament Cannisters 09/28/23 dnt Review And Analyze Revisions To Sports Provider 0.40 112.00 Agreements 09/28/23 akr Draft And Final Trademark Application For "The 2.00 560.00 Links" 09/29/23 anj Review And Comment On MetLife's Recent 0.20 56.00 Revisions To Agreement 09/29/23 ram Analyze Ethics Issues Related To Foundation 0.40 112.00 Funding Run By City Employee 09/29/23 jrn Update Client Re Status Of Municipal Prosecutions 0.30 84.00 09/29/23 jrn Update Client Re Status Of Litigation Of Risk 0.30 84.00 Protection Orders 09/29/23 slt Review Summary of Police Impact Fee Report and 0.90 252.00 Confer re Methodology and Potential Issues 09/29/23 Isl Prepare Time line For General Obligation Bond 1.00 280.00 09/29/23 anj Review, Analyze And Revise Agreement With 0.70 196.00 Boynton Women's Club 09/29/23 anj Review And Revise Separate Sponsorship 2.20 616.00 Agreements For Holiday Events; Correspond With City Staff Regarding Same 09/29/23 anj Review And Revise Sponsorship Package 3.90 1,092.00 Agreements For First Friday Events For November 2023 And Each Month For 2024; Correspond With City Staff Regarding Same 09/29/23 anj Review And Respond To Comments From Mr. Young 0.30 84.00 Regarding Track And Field Facility Use Agreement And Interlocal Agreement With Palm Beach County 09/29/23 anj Review, Analyze And Revise Agreement For 1.50 420.00 Purchasing; Analyze Purchasing Policy Manual For Same 09/29/23 anj Correspond With City Staff Regarding Golf Cart 0.20 56.00 Agreement 09/29/23 dnt Review And Analyze MetLife Agreement With 0.30 84.00 Revisions To Indemnification Provisions 09/29/23 dnt Review And Analyze Request For Funds For Bill 0.40 112.00 Tome Foundation - Use Of LETF Monies For Programs And Potential Ethics Issues 09/29/23 dnt Review And Analyze Agreement With MarineLife 0.30 84.00 Center And Sea Turtle Adventure For Oyer Park Fishing Line Canisters 09/29/23 dnt Review And Analyze Temporary Employment Letter 0.30 84.00 For Mr. Perez 09/29/23 dnt Telephone Conference With Mr. Dugger Regarding 0.30 84.00 Personnel Matter - LO 0 N For Professional Services Rendered Date Services Hours Amount 09/30/23 anj Review And Analyze Agreement With FitThumb To 0.50 140.00 Determine Options For City To Terminate Same; Prepare Summary Of Same 09/30/23 anj Review Addendum For Additional Terms To Ensure 0.30 84.00 All Required Provisions Are Included 09/30/23 anj Begin To Review And Revise Template Terms And 1.90 532.00 Conditions For Federal Construction Contracts And Compare Against Federal Terms For Services And Goods Agreement 09/30/23 anj Begin Review And Revision Of Goods And Services 1.50 420.00 Terms For Federal Agreements 09/30/23 dnt Telephone Conference With Mr. Dugger Regarding 0.30 84.00 Personnel Matter 09/30/23 ram Analyze Employees Engaging In Political Activities 0.40 112.00 While Off -Duty And Confer With City Attorney Total Professional Services 195.10 $54,382.00 Invoice Summary For Professional Services 54,382.00 For Disbursements Incurred 0.00 Total this Invoice $54,382.00 Payments Can Be Wire Transferred To: City National Bank of Florida 2855 LeJeune Road Coral Gables, FL 33134 SWIFT Code: CNBFUS3M ABA#: 066004367 Account Name: Weiss Serota Helfman Cole & Bierman, P.L. Operating Account Account No.: 1753777107 PLEASE INCLUDE INVOICE NUMBER 0 N WEISS SERUFA EIELIAMAN COL4 E & BIERMAN, P.'I,.,. 2800 Ponce, de, Lex)n Bot]levard Suite 1200 Coi-al ('Talbles,' Ft. 33134 305-954-0800 F�ix 305-854-2323 Tax ID No, 20-8112403 71-11S INVOICE MAY CONTAIN ATTORNEY I CLJENT INFORMATION EXEMPT FROM PUBLIC DISC 1.0%) RE. CO TACT US PRIOR TO RELEASE. Boynton Beach, City of October 11, 2023 c/o Lynn Swanson Invoice # 276631 swansonl@bbfl,Ljs Page I of 2 CLIENT: 5774 - Boynton Beach, City of Re: 003 Red Light Cameras Date Services Hours Amount 09/01/23 siz Attend To Re -Filing Certain Notices Of Intent For 0 50 '140,00 Upcoming September Hearings Pursuant To Court Instructions 09/11/23 siz Prepare First Batch Of Notices Of Intent For October 1,00 280,00 Hearings 09/13123 siz Prepare Second Batch Of Notices Of Intent For 2,20 616,00 October Hearings 09/13/23 siz Finalize And File First Batch Of Notices Of Intent For 0,50 140.00 October Hearings 09/13/23 siz Review And Analyze Order Setting Remote Hearing; 030 84.00 And Draft Correspondence To Client Concerning Came 09/14/23 siz Prepare Fourth etch Of Notices Of Intent For 3.40 952.00 Upcoming October Hearings 09/15/23 siz Prepare Final Batch Of Notices Of Intent For October 2.50 700.00 Hearings 09/18/23 siz Finalize And File Final Batch Of Notices Of Intent For 0.50 140.00 October, Hearings 09/2,1/23 siz Review Subpoenas For November 1--learings 0.40 112.00 09/29/23 siz Attend To ISSUes Concerning Returned NOIs 0,30 84,00 09/29123 aig Review Correspondence Arid Materials Re City 2,00 56000 Scape Collocation Documents; Telephone Call With Ms, Moot z Re Sarne; Review Proposed Collocation Agreement — -- Total Professional Services 13.60 $3,808.00 For Professional Services For Disbursements Incurred Total this Invoice Account Name: Invoice Summary Payments Can Be Wire Transferred To: City National Bank of Florida 2855 LeJeune Road Coral Gables, FL 33134 SWIFT Code: CNBFUS3M ABA#: 066004367 Weiss Serota Helfman Cole & Bierman, P.L. Account No.: 1753777107 PLEASE INCLUDE INVOICE NUMBER 0 0 N 3,808.00 0.00 $3,808.00 Operating Account 'WEISS SEROJ'Affl"LIFMAN COLE &'BIE' I RMAN, P.L. 2800 Ponce de Leon, Boidevard Strite 1200 Cloral Gables, FL 33134 305-854-08(",)0 Fax 305-85/1-1323 'J"ax 11) No. 20-8112403 THIS INVOICE MAY ("ONTAW Kr'TORNEY I CUEN'T"'INFORMATIO N EXEMPTFRC) M PUBLIC DISCLOSURE. CSO NTACTUS PRI ORTCS RELEASE. Boynton Beach, City of October 11, 2023 c/o Lynn Swanson Invoice # 275632 swansonl@bbflA1S Page 1 of 2 CLIENT: 5774 - Boynton Beach, City of Re: 004 Foreclosures Date Services Hours Amount 09/05/23 eph Review And Respond To Hearing Request Re TD 0,40 1112.00 Bank v. Go and Go Foreclosure; Review Answer And Affirmative Defenses To Determine Whether City Has Opposition To Summary Judgment Motion 09/06/23 eph Review Proposed Order Re Summary Judgment Sent 0.30 84.00 By Plaintiff JD Bank v Go and Go Foreclosure) 09/11/23 eph Review New Foreclosure Suit Re 1908 PaIrriland 0.30 84.00 Drive, Unit '1 09/13/23 eph Review Email From Attorney Representing Lender 0.40 112.00 Re Design By Stephanie 0 Foreclosure; Follow Up With City, Respond To Email 09/13/23 eph Review And Respond To ReqUestTo Approve Final 0.40 112,00 Judgment Re TD Bank v. Go and Go 09/21/23 eph Review nnails From Attorney Representing 600 SW 0,40 112.00 1st St; Advise City And Recommend Response 09125/23 eph Review City Status Update Regarding 124 SW 12th 0,20 56,00 Avenue Property 09/27/23 eph Telephone Call With Ms, Swanson Re Partial Lien 0,30 84.00 Release For 1101 N Federal Highway 09/27/23 eph Review And Revise Draft Partial Release Of Lien For 0.60 140.00 1101 N Federal Highway 09/29/23 jrn Review And Revise Answer To PaIrriland Villa 0.30 8400 Foreclosure Answer 09/29/23 jrn Conference Concerning Answer Arid Petition To 0.20 5500 Participate In SurplUS mm Total Professional Services 3.70 $1,036.00 For Professional Services For Disbursements Incurred Total this Invoice Account Name Invoice Summary Payments Can Be Wire Transferred To: City National Bank of Florida 2855 LeJeune Road Coral Gables, FL 33134 SWIFT Code: CNBFUS3M ABA#: 066004367 Weiss Serota Helfman Cole & Bierman, P.L. Account No.: 1753777107 PLEASE INCLUDE INVOICE NUMBER 0 N 1,036.00 0.00 $1,036.00 Operating Account 'WEISS SEROTA I-JELFMA,N' (70LE & BIERMAN, 1`.1-'J. 2800 ]'once de Leon Boulevard Suite 1200 1 C"oral (1ables, F, L 33,134 305-854-0800 Fax 305-854-2323 Tax IDT o, 20-8112/103 ...... .. . .......... . ...... . THIS INVOICE MAY CONTAM ATTORNEY I CLIENTFORMA 'IO N EXEMPT FROM PUB1.1C DMCLOSURE,, CONTACT" US PRIOR,rO RELEASE. Boynton Beach, City of c/o Lynn Swanson swansonl@bbfIAIS CLIENT: 5774 - Boynton Beach, City of Re: 004-1 Pierre, Cathy and Cardinal Financial Company - Foreclosure For Professional Services Rendered Date Services Hours Amount 09/05/23 eph Finalize And File City's Answer To Complaint 0.40 112�00 Total Professional Services 0.40 $112.00 For Disbursements Incurred Data Description Amount Westlaw Research5.84 Total Disbursements Incurred $5.84 Invoice summaryFor Professional Services 112.00 For Disbursements Incurred 5.84 Total this Invoice $117.84 Payments Can Be Wire Transferred To:. City National Batik of Florida 2855 LeJeUne Road Coral Gables, FL 33134 SWIFT Code, CNBFUS3M ABA* 066004367 Account Name- Weiss Serota Helfrnan Cole & Bierman, P,I— Operating Account Account No.: 1753777107 PLEASE INCLUDE INVOICE NUMBER WEISS SER01"A 1-JELF"MAN COLE & BIERMAN. P.I.J. 28CIC) Ponce de Leon Boulevard Suite 1200 Cora] G41bles, F1, 33134 305-8511-0800 Fax 305-85,1-2323 Tax ID No. 20-8112d 03 . . ... . ....... . TIAS INVOICE MAY" CC ATTORNEY I CLIENT' NFORMAnON EXEMPT FROM PUBLIC DISCLA)SURL CONTACT US PRIOR TO RELEASE,, ... ............. ­­ ­_...__­­ ..... . .. .. Boynton Beach, City of October 11, 2023 c/o Lynn Swanson Invoice # 275635 swansonl@bbfl.us Page 1 of 2 CLIENT: 5774 - Boynton Beach, City of Re: 005 Litigation Date Services Hours Amount 09/12/23 akr Attend To Third -Party Subpoena Re Officer Baldino O.50 140,00 09112/23 akr Receipt And Review Of Correspondence Re Mr, O.30 84,00 Evan's Notice Of Suit And Review Documents Re Same 09/18/23 akr Receipt And Review Of Correspondences Re Custer 0.20 56.00 Claim 09/18/23 akr Attend To Correspondence From Ms. Taylor Re 0.50 140,00 Allstate Subrogation Matter 09/21/23 akr Telephone Conference With Ms. Chaloupka Re 0.30 84,00 Letter Of Preservation Questions 09/21/23 akr Attend To Issues Re Preservation Of E Download O.80 224,00 09/22/23 akr Attend To Issue Re Black Box Recording 0,50 140.00 09/25/23 akr Attend To ISSL,jes And Correspondence Re Allstate 0,40 112x00 Subrogation O�9/26/23 akr Draft Update To Client Re Status Of On -Going 2,00 560,00 Litigation Matters 09/27/23 akr Receipt And Review Of Subpoena Re Criminal Case 010 56,00 And Attend To Correspondence Re Same Total Professional Services 5.70 $1,596.00 Invoice SUrnmary For Professional Services 1,596.00 For Disbursements Incurred 0,00 Total this Invoice $1,596,00 Payments Can Be Wire Transferred To: City National Batik of Florida M SWIFT Code: CNBFUS3M N ABA#: 066004367 Account Name: Weiss Serota Helfman Cole & Bierman, P.L. Operating Account Account No.: 1753777107 PLEASE INCLUDE INVOICE NUMBER 'WEISS SEROJAIJELTMAN COI' -'.JE & BIERMANRL 2800 Pome de Lcon Bold ward Si,dte 1200 Cora] (J'able's, F'114 '33 134 305-854-0800 Fax 305-854-2323 J*ax H.) No20-811203 .. .. .......... - ------ . ............ T141S INVOICE MAY CONTAIN A 1"TORNEY I CLIENTINFORMAflON EXEMPT FFZOM PUBLIC DISCLOSURE,, CONTACTUS PRIOR TO RELEASE. . .. . ..... ...... .. . ............ . . Boynton Beach, City of October 11, 2023 c/o Lynn Swanson Invoice # 275641 swansonl@bbfIA1S Page 1 of 2 CLIENT: 5774 - Boynton Beach, City of Be, 005-2 Ylusse, Lucita - Alleged Stair Fall Date Services Hours Arnount 09/05/23 akr Telephone Conference With Mr, Clarke Be Discovery 0.20 45.00 09/06/23 imf Continued Preparation Of Discovery Requests 0,30 67,50 09/06/23 akr Prepare For And Attend Teleconference With Mr, 0.70 157,50 Clarke 09/06/23 akr Draft Follow Up Correspondence Be Discovery 0.20 45,00 Questions Following Meeting With Mr. Clarke 09/06/23 akr Consider Strategy Regarding Pending Discovery 01.30 67.50 Issues 09/07/23 akr Review And Reply To Co rrespo tide nce Be Discovery 0.20 45.00 From Ms, Chaloupka 09/08/23 inif Draft/revise Discovery Requests Onto Plaintiff 1.40 315,00 09/08/23 akr Review Arid Analyze Correspondences From Mr, 0,50 112,50 Naughton, Ms, Bencifelt, And Ms, Graves 09/08/23 akr Revise Interrogatory Answers And Objections And 2.00 450.00 Draft Correspondence To Client Re Same 09/08/23 akr Finalize Privilege Log 0,50 112.50 09/08/23 akr Revise And Finalize Response To Request For 'I .50 337,50 Production And Responsive Documents 09/08/23 akr Review And Reply To Correspondence Re Discovery 0,20 45.00 From Client 09/08/23 akr Review And Reply To Correspondence Re Discovery 0.20 45.00 F"rom M. Mootz 09/13/23 inif Finalize Discovery Requests To Plaintiff 0,20 45,00 09/13/23 akr Finalize Written Discovery To Plaintiff 0,80 180.00 09/15/23 akr Receipt And Review Of Trial Order 0.20 45.00 Total Professional Services 9.40 $2,115.00 For Professional Services For Disbursements Incurred Total this Invoice Account Name Invoice Summary Payments Can Be Wire Transferred To: City National Bank of Florida 2855 LeJeune Road Coral Gables, FL 33134 SWIFT Code: CNBFUS3M ABA#: 066004367 Weiss Serota Helfman Cole & Bierman, P.L. Account No.: 1753777107 PLEASE INCLUDE INVOICE NUMBER LO T- N 2,115.00 0.00 $2,115.00 Operating Account WEISS S1'"i.'R'C)"1."A IJELFMAN CSI_" -.E & .BIER MAN, I:. L.. 2800 Ponce de Leon Botilevard Sr6te 1.200 ,,oral, (J'ables, 11, 33 134 305-854-0800 Fax 305-8511-232,3 Tax 11') No. 20-8112403 . ......... . ...... 1 HIS INVOICE MAY CONTAIN ATTORNEY I CLIENTINFORMATION EEMPT FROM PUBLI'C DISCLOSURE, CONTACTUS PRIOR TO RELEASE, Xll Boynton Beach, City of October 11, 2023 c/o Lynn Swanson Invoice # 275647 swansonI@bbfI,us Page 1 of 19 CLIENT: 5774 - Boynton Beach, City of Re: 005-3 Alcin, Joey ­ Alleged Vehicle Incident Date Services Hours Amount 09/20/23 akr Initial Review Of Geico documents 0,40 11 .00 09/27/23 akr Receipt And Review Of Correspondence Re Medical 0.20 56.00 Records Subpoenas Total Professional Services 0.60 $168.00 For Disbursements Incurred Date Description Amount 09/19/23 Service of Process LRI - Process Service - MID 55,00 Transport;Check#147390 - Lance Randall, Inc. 09/19/23 Service of Process LRI - Process Service - U n ited Healthcare Ins 1907.99 Co;Check#147390 - Lance Randall, Inc, 09/19/23 Service of Process LRI - Process Service - Geico Indemnity 100,00 Co.;Check#147390 - Lance Randall, Inc. 09/19/23 Service of Process LRI - Process Service - Bethesa Hospital 65.00 East Ch eck#1 47390 - Lance Randall, Inc. 09/19123 Service of Process LRI - Process Service - Boynton Beach Fire 130,00 Dept.; Check#1 47390 - Lance Randall, Inc, 09119123 Service of Process L.R1 - Process Service ­ Internal 65,00 Medici ne -Check# 147390 - Lance Randall, Inc, 09/19/23 Service of Process LRI - Process Service - Golden 65W00 Chiropractic;Check#147390 - Lance Randall, Inc. 09/19/23 Service of Process LRI - Process Service - Cr. Stuart 65,00 Krost;Check#147390 - Lance Randall, Inc. 09/19/23 Service of Process LRI - Process Service - Dr. Alexander 65.00 Lenard; Ch eck#1 47390 - Lance Randall, Inc, 09/19/23 Service of Process LRI - Process Service - Dr, Thomas 65.00 R0U$h ,C heck# 147390 - Lance Randall, Inc. For Disbursements Incurred Date Description Amount 09/19/23 Service of Process LRI - Process Service - Imaging Center of West 65.00 Palm Beach; Check#147390 - Lance Randall, Inc. 09/19/23 Service of Process LRI - Process Service - Palm Beach Surgical 65.00 Suites; Check#147390 - Lance Randall, Inc. 09/19/23 Service of Process LRI - Process Service - Shree MRI;Check#147390 - 65.00 Lance Randall, Inc. 09/22/23 Service of Process LRI - Process Service - Deerfield Beach Outpatient 55.00 Surgical Center; Check#147434 - Lance Randall, Inc. 09/27/23 Medical Record Request Ortho Care - X -Ray Records of Joey 50.00 Alcid;Check#147425 - Orthopaedic Care Specialists 09/27/23 Medical Record Request Columna - Medical Records of Joey 120.72 Alcin;Check#147426 - Columna Inc. 09/28/23 Medical Record Request UHC - Records of Joey Alcin;Check#147427 - 35.00 United Healthcare Services 09/29/23 Medical Record Request Hars - Medical Records from Deerfield Beach 95.50 Outpatient Surgical;Check#147430 - Hars Consulting LLC 09/30/23 Service of Process LRI - Process Service - Concentra Urgent 65.00 Care; Check#147434 - Lance Randall, Inc. Total Disbursements Incurred $1,391.22 Invoice Summary For Professional Services For Disbursements Incurred Total this Invoice Payments Can Be Wire Transferred To: City National Bank of Florida 2855 LeJeune Road Coral Gables, FL 33134 SWIFT Code: CNBFUS3M ABA#: 066004367 Account Name: Weiss Serota Helfman Cole & Bierman, P.L. Account No.: 1753777107 PLEASE INCLUDE INVOICE NUMBER 1,391.22 $1,559.22 Operating Account ti T N N L.R.I. (Process Service & Litigation Support) 1011 South Federal Highway 2nd Floor Hollywood, FL 33020 Phone: (954) 944-3900 Fax: (954) 963-5186 65-1091980 Anne R. Flanigan WEISS SEROTA HELFMAN COLE & BIERMAN, P.L. 200 East Broward Boulevard Suite 1900 Fort Lauderdale„ FL 33301 Reference Number: 5774.005-3 Case Number: Palm Beach 502023CA00962OXXXXMB Plaintiff: Joey Alcin, Defendant: City of Boynton Beach, INVOICE Received: 9/6/2023 Served: 9/8/2023 2:38 pm AUTHORIZED To be served on: Medical Records Custodian MD Transport ITEMIZED LISTING Invoice #LRA -2023008157 9/8/2023 Line Item Quantity Price Amount Service Fee (Local) 1.00 55.00 55.00 TOTAL CHARGED: $55.00 BALANCE DUE: $55.00 Please enclose a copy of invoice with your payment. A $5.00 late fee is added every 30 days. Customer agrees to pay all costs of collections including Attorney's Fees. In Loving Memory of Lenny Randall (1940 - 2002). \ Copyright ® 1992-2023 D.WWse Services, Imo. - Process S—(. Toolbox W2i Pagel l l rn N 51'Q L[ , oc03 3 L.R.I. (Process Service R Litigation Support) INVOICE Invoice #LRA -2023008158 1011 South Federal Highway 9/11/2023 2nd Floor llII II (I(I ` Hollywood, 954) 63 58600 Fax(IIIIIIIIIIIIIIIIIII�IlIiI1�IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 65-1091980 Anne R. Flanigan WEISS SEROTA HELFMAN COLE R BIERMAN, P.L. 200 East Broward Boulevard Suite 1900 Fort Lauderdale„ FL 33301 Reference Number: 5774.005-3 Case Number: Palm Beach 502023CA00962OXXXXMB Plaintiff. Joey Alcin, Defendant: City of Boynton Beach, Received- 9/6/2023 Served: 9/7/2023 1:58 pm GOVERNMENT AGENCY To be served on: Medical Records Custodian United Healthcare Insurance Company C/o Florida Chief Financial Officer as R/ A ITEMIZED LISTING Line Item Quantity Price Amount Service Fee (Most Florida Counties) 1.00 85.00 85.00 Insurance Commissioner Fee 1.00 15.00 15.00 TOTAL CHARGED: $100.00 BALANCE DUE: $100.00 Please enclose a copy of invoice with your payment. A $5.00 late fee is added every 30 days. Customer agrees to pay all costs of collections including Attorney's Fees. In Loving Memory of Lenny Randall (1940 - 2002). O�� copyright©1992-2023 Date baseSamces,ina, - r—sse sesTcoibaxvesi Page 1 /1 0 N N L.R.I. (Process Service & Litigation Support) INVOICE 1011 South Federal Highway 2nd Floor Hollywood, FL 33020 Phone: (954) 944-3900 Fax: (954) 963-5186 65-1091980 Anne R. Flanigan WEISS SEROTA HELFMAN COLE & BIERMAN, P.L. 200 East Broward Boulevard Suite 1900 Fort Lauderdale„ FL 33301 Invoice IINIVIICV�IIIIII#9/11/2023 V111111W�f@�I Reference Number: 5774.005-3 Case Number: Palm Beach 502023CA00962OXXXXMB Plaintiff: Joey Alcin, Defendant: City of Boynton Beach, Received: 9/6/2023 Served: 9/7/2023 1:58 pm GOVERNMENT AGENCY To be served on: Medical Records Custodian Geico Indemnity Company, Officer, Reg. Agent C/o Florida Chief Financial Officer as R/A ITEMIZED LISTING Line Item Quantity Price Amount Service Fee (Most Florida Counties) 1.00 85.00 85.00 Insurance Commissioner Fee 1.00 15.00 15.00 TOTAL CHARGED: $100.00 BALANCE DUE: $100.00 Please enclose a copy of invoice with your payment. A $5.00 late fee is added every 30 days. Customer agrees to pay all costs of collections including Attorney's Fees. In Loving Memory of Lenny Randall (1940 - 2002). Q44Copyright®1992-2023 Database SaNices,Inc. -Process 5eners Too1boxV0.2i Page 1 / 1 T N N L.R.I. (Process Service & Litigation Support) 1011 South Federal Highway 2nd Floor Hollywood, FL 33020 Phone: (954) 944-3900 Fax: (954) 963-5186 65-1091980 Anne R. Flanigan WEISS SEROTA HELFMAN COLE & BIERMAN, P.L. 200 East Broward Boulevard Suite 1900 Fort Lauderdale„ FL 33301 Reference Number. 5774.005-3 Case Number: Palm Beach 502023CA00962OXXXXMB INVOICE Plaintiff. Joey Alcin, Defendant: City of Boynton Beach, Received: 9/6/2023 Served: 9/7/2023 10:10 am AUTHORIZED To be served on: Medical Records Custodian Bethesa Hospital East ITEMIZED LISTING Invoice 4LRA-2023008160 917/2023 Line Item Quantity Price Amount Service Fee (Palm Beach) 1.00 65.00 65.00 TOTAL CHARGED: BALANCE DUE: $65.00 $65.00 Please enclose a copy of invoice with your payment. A $5.00 late fee is added every 30 days. Customer agrees to pay all costs of collections including Attorney's Fees. In Loving Memory of Lenny Randall (1940 - 2002). qCopyright 01992-2023 Database Sentces, tnc. - Pro; ess Servers Tao!boz V8.2i Page 1 /1 L.R.I. (Process Service & Litigation Support) 1011 South Federal Highway 2nd Floor Hollywood, FL 33020 Phone: (954) 944-3900 Fax: (954) 963-5186 65-1091980 Anne R. Flanigan WEISS SEROTA HELFMAN COLE & BIERMAN, P.L. 200 East Broward Boulevard Suite 1900 Fort Lauderdale„ FL 33301 Reference Number. 5774.005-3 Case Number: Palm Beach 502023CA00962OXXXXMB Plaintiff: Joey Alcin, Defendant: City of Boynton Beach, INVOICE Received: 9/6/2023 Served: 9!7/2023 10:55 am AUTHORIZED To be served on: Medical Records Custodian Boynton Beach Fire Department ITEMIZED LISTING Invoice #LRA -2023008161 9!7/2023 Line Item Quantity Price Amount Service Fee (Palm Beach) -100 E. Boynton Beach Blvd Service Fee (Palm Beach) -2080 High Ridge Rd 1.00 65.00 65.00 1.00 65.00 65.00 TOTAL CHARGED: $130.00 BALANCE DUE: $130.00 Please enclose a copy of invoice with your payment. A $5.00 late fee is added every 30 days. Customer agrees to pay all costs of collections including Attorney's Fees. In Loving Memory of Lenny Randall (1940 - 2002). O'xiq Copyright O 1992-2023 DaWbase Senioes, Inc - Process Servers Toolbox VB.2i Page 1 / 1 M N N L.R.I. (Process Service & Litigation Support) 1011 South Federal Highway 2nd Floor Hollywood, FL 33020 Phone: (954) 944-3900 Fax: (954) 963-5186 65-1091980 Anne R. Flanigan WEISS SEROTA HELFMAN COLE & BIERMAN, P.L. 200 East Broward Boulevard Suite 1900 Fort Lauderdale„ FL 33301 Reference Number: 5774.005-3 Case Number: Palm Beach 502023CA00962OXXXXMB Plaintiff: Joey Alcin, Defendant: City of Boynton Beach, coS 3 INVOICE Invoice #LRA -2023008162 9/7/2023 Received: 9/6/2023 Served: 9/7/2023 9:10 am AUTHORIZED To be served on: Medical Records Custodian Internal Medicine ITEMIZED LISTING Line Item Quantity Price Amount Service Fee (Palm Beach) 1.00 65.00 65.00 TOTAL CHARGED: $65.00 BALANCE DUE: $65.00 Please enclose a copy of invoice with your payment. A $5.00 late fee is added every 30 days. Customer agrees to pay all costs of collections including Attorney's Fees. In Loving Memory of Lenny Randall (1940 - 2002)_ OD`C Copyright®7992-2023Ntaba—Sem—,Im.-ProcessS—ers ToolboxVa.2i Page 1 / 1 Iq N N L.R.I. (Process Service & Litigation Support) 1011 South Federal Highway 2nd Floor Hollywood, FL 33020 Phone: (954) 944-3900 Fax: (954) 963-5186 65-1091980 Anne R. Flanigan WEISS SEROTA HELFMAN COLE & BIERMAN, P.L. 200 East Broward Boulevard Suite 1900 Fort Lauderdale„ FL 33301 Reference Number: 5774.005-3 Case Number: Palm Beach 502023CA009620XXXXMB Plaintiff: Joey Alcin, Defendant: City of Boynton Beach, INVOICE 9/7/2023 I�I'Al��l��li'��I!IIIIIIII�N Received: 9/6/2023 Served: 9/7/2023 9:35 am AUTHORIZED To be served on: Medical Records Custodian Golden Chiropractic ITEMIZED LISTING Line Item Quantity Price Amount Service Fee (Palm Beach) 1.00 65.00 65.00 TOTAL CHARGED: $65.00 BALANCE DUE: $65.00 Please enclose a copy of invoice with your payment. A $5.00 late fee is added every 30 days. Customer agrees to pay all costs of collections including Attorney's Fees. in Loving Memory of Lenny Randall (1940 - 2002). O� Copyright B 1952-2023 Oatabasa Serrices, Im:. - Process Servers Toolbox ve.2i Pagel 11 In N N L.R.I. (Process Service & Litigation Support) 1011 South Federal Highway 2nd Floor Hollywood, FL 33020 Phone: (954) 944-3900 Fax: (954) 963-5186 65-1091980 Anne R. Flanigan WEISS SEROTA HELFMAN COLE & BIERMAN, P.L. 200 East Broward Boulevard Suite 1900 Fort Lauderdale„ FL 33301 Reference Number: 5774.005-3 Case Number: Palm Beach 502023CA009620XXXXMB INVOICE Plaintiff. Joey Alcin, Defendant: City of Boynton Beach, Received: 9/6/2023 Served: 9/7/2023 11:15 am AUTHORIZED To be served on: Medical Records Custodian Dr. Stuart Krost ITEMIZED LISTING Invoice #LRA -2023008165 9/7/2023 Line Item Quantity Price Amount Service Fee (Palm Beach) 1.00 65.00 65.00 TOTAL CHARGED: $65.00 BALANCE DUE: $65.00 Please enclose a copy of invoice with your payment. A $5.00 late fee is added every 30 days. Customer agrees to pay all costs of collections including Attorney's Fees. In Loving Memory of Lenny Randall (1940 - 2002). )1 Copyright®1992-2023 Dztb—Services, Inc. -Process S—&e T-Ib-V8.2i L 4tPage 1 / 1 N N L.R_I. (Process Service & Litigation Support) 1011 South Federal Highway 2nd Floor Hollywood, FL 33020 Phone: (954) 944-3900 Fax: (954) 963-5186 65-1091980 Anne R. Flanigan WEISS SEROTA HELFMAN COLE & BIERMAN, P.L. 200 East Broward Boulevard Suite 1900 Fort Lauderdale„ FL 33301 Reference Number: 5774.005-3 Case Number: Palm Beach 502023CA009620XXXXMB INVOICE Invoice #LRA -2023008166 9/7/2023 Plaintiff: Joey Alcin, Defendant: City of Boynton Beach, Received: 9/6/2023 Served: 9/7/2023 12:30 pm AUTHORIZED To be served on: Medical Records Custodian Dr_ Alexander Lenard ITEMIZED LISTING Line Item Quantity Price Amount Service Fee (Palm Beach) 1,00 65.00 65.00 TOTAL CHARGED: $65.00 BALANCE DUE: $65.00 Please enclose a copy of invoice with your payment. A $5.00 late fee is added every 30 days. Customer agrees to pay all costs of collections including Attorney's Fees. In Loving Memory of Lenny Randall (1940 - 2002). l y Copyright®1992-2o23Database Services,Ina-Pr—sere—esTootboxV821 Page i/1 ti N N L.R.I. (Process Service & Litigation Support) 1011 South Federal Highway 2nd Floor Hollywood, FL 33020 Phone: (954) 944-3900 Fax: (954) 963-5186 65-1091980 Anne R. Flanigan WEISS SEROTA HELFMAN COLE & BIERMAN, P.L. 200 East Broward Boulevard Suite 1900 Fort Lauderdale„ FL 33301 Reference Number: 5774.005-3 Case Number: Palm Beach 502023CA009620XXXXMB Plaintiff: Joey Alcin, Defendant: City of Boynton Beach, INVOICE Received: 9/6/2023 Served: 9/712023 11:35 am AUTHORIZED To be served on: Medical Records Custodian Dr. Thomas Roush ITEMIZED LISTING Invoice #LRA -2023008167 9/7/2023 Line Item Quantity Price Amount Service Fee (Palm Beach) 1.00 65.00 65.00 TOTAL CHARGED: BALANCE DUE: $65.00 $65.00 Please enclose a copy of invoice with your payment. A $5.00 late fee is added every 30 days. Customer agrees to pay all costs of collections including Attorney's Fees. In Loving Memory of Lenny Randall (1940 - 2002)- \'yA Copyright © 1992-2023 OaMat,— Services, Inc. -Pro— 5—ef Toolbox V02i Pagel / 1 L.R.I. (Process Service & Litigation Support) 1011 South Federal Highway 2nd Floor Hollywood, FL 33020 Phone: (954) 944-3900 Fax: (954) 963-5186 65-1091980 Anne R. Flanigan WEISS SEROTA HELFMAN COLE & BIERMAN, P.L. 200 East Broward Boulevard Suite 1900 Fort Lauderdale„ FL 33301 Reference Number: 5774.005-3 Case Number: Palm Beach 502023CA00962OXXXXMB Plaintiff: Joey Alcin, Defendant: City of Boynton Beach, INVOICE Received: 9/6/2023 Served: 9!7/2023 11:55 am AUTHORIZED To be served on: Medical Records Custodian Imaging Center of West Palm Beach ITEMIZED LISTING Invoice #LRA -2023008168 9n/2023 Line Item Quantity Price Amount Service Fee (Palm Beach) 1.00 65.00 65.00 TOTAL CHARGED: $65.00 BALANCE DUE: $65.00 Please enclose a copy of invoice with your payment. A $5.00 late fee is added every 30 days. Customer agrees to pay all costs of collections including Attorney's Fees. In Loving Memory of Lenny Randall (1940 - 2002). O�Dq Copyright B 1992-2023 Database Serrirvs, Inc. - Process Servees Toolbox V0.21 Page 1 / 1 00 N N rn N N L.R.I. (Process Service & Litigation Support) INVOICE 1011 South Federal Highway 2nd Floor Hollywood, FL 33020 Phone: (954) 944-3900 Fax: (954) 963-5186 65-1091980 Anne R. Flanigan WEISS SEROTA HELFMAN COLE & BIERMAN, P,L. 200 East Broward Boulevard Suite 1900 Fort Lauderdale„ FL 33301 Reference Number: 5774.005-3 Case Number: Palm Beach 502023CA00962OXXXXMB Plaintiff: Joey Alcin, Defendant: City of Boynton Beach, Received: 9/6/2023 Served: 9/7/2023 12:15 pm AUTHORIZED To be served on: Medical Records Custodian Palm Beach Surgical Suites ITEMIZED LISTING Invoice #LRA -2023008169 9/7/2023 Line Item Quantity Price Amount Service Fee (Palm Beach) 1.00 65.00 65,00 TOTAL CHARGED: $65.00 BALANCE DUE: $65.00 Please enclose a copy of invoice with your payment. A $5.00 late fee is added every 30 days. Customer agrees to pay all costs of collections including Attorney's Fees. In Loving Memory of Lenny Randall (1940 - 2002). �` _ Copyright©1992-2023 Database Services, 1 --Pr ssSmefsTcolbozV8.2i Pagel/1 0 M N L.R.I. (Process Service 8. Litigation Support) 1011 South Federal Highway 2nd Floor Hollywood, FL 33020 Phone: (954) 944-3900 Fax: (954) 963-5186 65-1091980 Anne R. Flanigan WEISS SEROTA HELFMAN COLE & BIERMAN, P.L. 200 East Broward Boulevard Suite 1900 Fort Lauderdale„ FL 33301 Reference Number: 5774.005-3 Case Number: Palm Beach 502023CA009620XXXXMB INVOICE Invoice #LRA -2023008170 i�IIIIIIV�1111119111111��IIIVVI Plaintiff: Joey Alcin, Defendant: City of Boynton Beach, Received: 9/6/2023 Served: 9/7/2023 1:10 pm AUTHORIZED To be served on: Medical Records Custodian Shree MRI ITEMIZED LISTING Line Item Quantity Price Amount Service Fee (Palm Beach) 1.00 65.00 65.00 TOTAL CHARGED: $65.00 BALANCE DUE: $65.00 Please enclose a copy of invoice with your payment. A $5.00 late fee is added every 30 days. Customer agrees to pay all costs of collections including Attorney's Fees. In Loving Memory of Lenny Randall (1940 - 2002)- �� �2 � Copy0ght©1992-2023DatabseSeM—, I..-P—S—ee TwlboxV89 Page 1 / 1 T M N L.R.I. (Process Service & Litigation Support) 1011 South Federal Highway 2nd Floor Hollywood, FL 33020 Phone: (954) 944-3900 Fax: (954) 963-5186 65-1091980 Anne R. Flanigan WEISS SEROTA HELFMAN COLE & BIERMAN, P.L. 200 East Broward Boulevard Suite 1900 Fort Lauderdale„ FL 33301 Reference Number: 5774.005-3 Case Number: Palm Beach 502023CA00962OXXXXMB Plaintiff: Joey Alcin, Defendant: City of Boynton Beach, INVOICE Invoice Illlllll��ll�l�llll'�IIz3008156 9114/2023 IYIRlflll Received: 9/6/2023 Served: 9/13/2023 2:27 pm AUTHORIZED To be served on: Medical Records Custodian Deerfield Beach Outpatient Surgical Center ITEMIZED LISTING Line Item Quantity Price Amount Service Fee (Local) 1.00 55.00 55.00 TOTAL CHARGED: $55.00 BALANCE DUE: $55.00 Please enclose a copy of invoice with your payment. A $5.00 late fee is added every 30 days. Customer agrees to pay all costs of collections including Attorney's Fees. In Loving Memory of Lenny Randall (1940 - 2002). \\ Copyright91992.2023DalabaceServices,Inc. - Pro— ServefsToolboxVB.2I Page 1 /I 01rajol) tl"An f., I "I'S "iAl Cl!'Wl tP()J'j 1% .\I',! INVOICE FOR XRAYS COPIES DATE: Z� V62 - CLIENT: REQUESTED BY: COST: DATES OF SERVICE: MAKE CHECK PAYABLE TO: ORTHOPAEDIC CARE SPFCIALISTS TAX IDN 650882367 MATTER 5774.005-003 CONTACT. JOAN FAIR, RT EXT 1013 c- <0- /1_/ Li .-1I4&-) cS T. 2723 M M N Bill To: WEISS, SEROTA HELFMAN COLE & BIERMAN P.L 200 EAST BROWARD BLVD STE 1900 FORT LAUDERDALE, FL 33301 D BOSC PT ACCT :9768 PT NAME: JOEY ALGIN CASE NO.50-2023-CA-009620 Medical Practice: Deerfield Beach Outpatient Surgical Date: 9/14/2023 INVOICE # 269 HAIRS CONSULTING LLC 11091 LADINO ST BOCA RATON, FL 954-815-4777 Email: Hailey@HARSConsultingllc.com MATI-ER # 5774.005-3 Balance due $95.50 Thank you for your business! HARS CONSULTING LLC 11091 LADINO ST BOCA RATON, FL 33428 L.R.I. (Process Service & Litigation Support) 1011 South Federal Highway 2nd Floor Hollywood, FL 33020 Phone: (954) 944-3900 Fax: (954) 963-5186 65-1091980 Anne R. Flanigan WEISS SEROTA HELFMAN COLE & BIERMAN, P.L. 200 East BroWafd Boulevard Suite 1900 Fort Lauderdale„ FL 33301 Reference Number: 5774.005-3 Case Number: Palm Beach 602023CA00962OXXXXMB INVOICE Plaintiff: Joey Alcin, Defendant: City of Boynton Beach, Received: 9/6/2023 Served: 9/7/2023 10:20 am AUTHORIZED To be served on: Medical Records Custodian CMC Boca Raton - Concentra Urgent Care ITEMIZED LISTING Invoice #LRA -2023008164 9/20/2023 Original Date: 9/19/2023 Line Item Quantity Price Amount Service Fee (Palm Beach) 1.00 65.00 65.00 TOTAL CHARGED: $65.00 BALANCE DUE: $65.00 Please enclose a copy of invoice with your payment. A $5.00 late fee is added every 30 days. Customer agrees to pay all costs of collections including Attomey's Fees. In Loving Memory of Lenny Randall (1940 - 2002). C—v .ht ©1092-2023 Database services Inn- Prnrrsssarver_e T-1bo VO 9i Page 1 /I M N Ln (Y) C14 WEISS SERUM FIETI-T-MAN COLE & BIERMAN, P.I.,... 2800 Potice de Leon Boulevard Suite 12,00 Coral Gables, F4, 33134 305-854-0800 J`ax 305-854-2323 T,,,ix ID Ica. 20- 8 1124 03 1111--11-1-I.- .......... .. . . . . .................... T11 INVOICE MAY CONIWN ATT0RW`.-Y I CSI_ ENT INFORMATION EXEMPT FROM PUBLIC DISCLOSURE. CONTACT US PRIOR TO RELEASE,. Boynton Beach, City of c/o Lynn Swanson swansonl@bbfl,us October 11, 2023 Invoice # 275649 Page 1 of 1 CLIENT: 5774 - Boynton Beach, City of Re: 005-4 Schulte, Devon and Staci and Devon Schulte as Father -and Natural Guardian T.S,, a Minor- Alleged Auto Accident Date Services Hours Amount 09/01123 akr Attend To Details Re Depositions Of Three Plaintiffs O�20 56,00 09/20/23 al(r Attend To Status Of Depositions Of Officers 0.20 56 00 09/22/23 akr Receipt And Review Of Order Re Case Management 0,20 56,00 Plan XiSXiM1X Total Professional Services 0.60 $168.00 Invoice Surnmary For Professional Services For Disbursements Incurred M Payments Can Be Wire 'Transferred To,, City National Bank of Florida 2855 LeJeune Road Coral Gables, FL 33134 SWIFT Code: CNBFUS3M ABA#: 066004367 Account Narne: Weiss Serota Helfman Cole & Bierman, P,L, Operating ACCOUnt Account No.: 1753777107 PLEASE INCLUDE INVOICE NUMBER WEISS SEROTA I IEI.'.,FM.A.N' COLE & BIERMAN, P.L.. 2800 Ponce de Leon Bor.,, evard Shite 1200 Co ra t Clab I es, FL 3 3 13 4 305-854-0800 f,'aN 305-854-2,323 Tax ID No, 20-8112403 . ....... .............. THIS INVOICE MAY CON'"I'AIN A r'T'ORNEY I CL]ENT INFORMATION EXEMPT FROM PUBLIC DISC1,0SURE.CONTACT US PRIOR TO RELEASE, . .. .... .... Boynton Beach, City of c/o Lynn Swanson swansonl@bbfl.us CLIENT: 5774 - Boynton Beach, City of =1 Re: 005-5 Frederick, Breaunta as Personal Representative of the Estate of Mathew Murphy, Jr,- Alleged Wrongful Death Action For Professional Services Rendered Date Services Hours Amount 09/01/23 akr Attend To Hearing Re Motion To Dismiss 020 45,00 09/22/23 akr Receipt And Review Of Motion Re Brief Extension 0.20 45 00 Total Professional Services 0.40 $90.00 Invoice Summary For Professional Services KOO For Disbursements Incurred 0,00 Total this Invoice $90.00 Payments Can Be Wire Transferred To: City National Bank of Florida 2855 LeJeune Road Coral Gables, FL 33134 SWIF"f"Code: CNBFUS3M ABA #: 066004367 Account Name: Weiss Serota Flelfman Cole & Bierman, P.L. Operating Account Account No,: 1753777107 PLEASE INCLUDE INVOICE NUMBER WEISS SER. FA 1­10,1"MAN" MIT & BIERMAN, PA"... 2800 Po,rice' de Leon Boulev,,'ird SL]itC 1200 Coral (Jables, FL 33 134 305-954-0800 Fax 305-85/1-2323 Tax 11) No� 20-8112403 .. ............... . . ..... . ..... . THIS INVOICE MAY CONTAIN ATTORNEY t C LIEN'T INFORMATION EXEMPTFROM PUBLIC DISCLOSURE CONTC TUS PRIOR 7'0 IllELEASE, . .... . .. .. . ..... .. .... ...... . ... .. ............ Boynton Beach, City of October 11, 2023 c/o Lynn Swanson Invoice # 2766511 swansonI@bbflA1S Page 1 of 2 CLIENT: 5774 - Boynton Beach, City of Re: 005-6 Sirnale, Jeffrey Randolph ­ Alleged Auto Accident Date Services Hours Amount 09/01/23 akr Revise Interrogatory Answers And Objections 1.00 280n00 09/01/23 akr Revise Request For Production Responses Arid 2,00 560,00 Review Documents Re Same 09107/23 imf Continued Draft Of Privilege Log 0.60 125,00 09/07/23 akr Revise And Finalize Interrogatory Answers, Request 3.00 840,00 For Production, Privilege Log, And Documents For Production 09/07123 akr, Receipt And Review Of Correspondence Re Mr. Ealy UO 56,00 09/07/23 akr Review Arid Reply To Correspondence Re Discovery 0,20 56,00 From Ms. Chaloupka 09/07/23 akr Consider Strategy Regarding Written Discovery To 0,20 56.00 Propound To Plaintiff 09/08/23 irnf Draft/revise Discovery Requests Onto Plaintiff 2,30 575,00 09/12/23 akr Receipt And Review Of Order Re Case Management 0,20 56.00 Conference 09/13/23 imf Finalize Discovery Requests To Plaintiff 0.20 50,00 09/13123 akr Finalize Written Discovery To Plaintiff 0.80 224.00 09/21123 akr Attend To Correspondences Re Revised Case 010 56.00 Management Conference 09/22/23 akr Receipt And Review Of Order Re Case Management 0,20 56.00 Plan 09/22/23 akr, Finalize Notice Re Dearing And Consider Strategy Re 0,20 56.00 Scheduling Same ____ ....... Total Professional Services 11.20 $3,046.00 Invoice Summary For Professional Services For Disbursements Incurred Total this Invoice Payments Can Be Wire Transferred To: City National Bank of Florida 2855 LeJeune Road Coral Gables, FL 33134 SWIFT Code: CNBFUS3M ABA#: 066004367 Account Name: Weiss Serota Helfman Cole & Bierman, P.L. Account No.: 1753777107 PLEASE INCLUDE INVOICE NUMBER M N 3,046.00 0.00 $3,046.00 Operating Account WEISS SEROTA 1JR.YMAN COLE & BIERMAN, P.I..... 2900 Poriee de Lcoji Boulevard Suite 1200 1 Coral Cy'ables, Ft, 33 134 .305-854-0800 [`vix 305-854-2323 J'ax 11) O. 20-8112403 - 11111�11�11-111 . . ...................... ... . .......... . . . .THIS INVOICE MAY CONTAIN ATTORNEY i CLIENT INFORMAnON EXEMPT FROM PUBLIC DtSCLOSURE. CONTACTUS PRIORTO RELEASE, Boynton Beach, City of c/o Lynn Swanson swansonI@bbfI,L1S October 11, 2023 Invoice # 275652 Page 1 of I CLIENT: 5774 - Boynton Beach, City of He: 005-7 Matute, E5da, as Natural Guardian and Parent of Minor Y.C.- Alleged Auto Accident Date Services Hours Amount 09122/23 akr Attend To Status Of Amended Complaint And 0.20 56.00 Hearing He Motion To Dismiss 09125/23 aki, Review And Reply To Correspondence He Motion To 0,20 5500 Dismiss Hearing 09127/23 akr Review And Reply To Correspondence He Hearing 0,20 50.00 On motion "ro Dismiss From Plaintiff's Counsel 09/28123 akr Review And Reply To Correspondence Re Motion To 0.30 84,00 Dismiss And Review Merit's Of Counsel's Arguments He Same Total Professional Services 0.90 $252.00 Invoice ,Summary For Professional Services For Disbursements Incurred Payments Can Be Wire Transferred To: City National Bank of Florida 2855 LeJeUne Road Coral Gables, FL 33134 SWIFT Code: CNBFUS3M ABA#: 066004367 Account Name: Weiss Serota Helfrnan Cole & Bierman, P,L. Operating Account ACCOLInt No.: 1753777107 PLEASE INCLUDE INVOICE NUMBER HE or, WEISS Sl -'R FA HEIJAMAN 2800 Ponce det,00,11 BOUICVMd Suite 1200 C"mal Gables, FT 33134 305-854-0800 F'ax 305..854-2323 Tax lt)'No, 20-8112403 THIS III "=E MAY CONTAIN ATTORNEY I CLIENT INFORMATION EXEMP*I" F'ROM PUBLIC WSCLOSURE. CON'I'AC'T US PRIOR "I'0 RM -EASE. Boynton Beach, City of October 11, 2023 c/o Lynn Swanson Invoice # 275653 swansonI@bbfIAAS Page 1 of I CLIENT: 5774 - Boynton Beach, City of R e'. 005-8 [Gauss, Scott M.- Alleged'T'rip and Fall Date Services Hours Amount 09/07/23 akr Finalize Notice Of Hearing Re Motion To Dismiss 010 56,00 09/08/23 akr Receipt And Review Of Correspondence Re Hearing 0,20 56,00 On Motion To Dismiss Invoice Summary For Professional Services For Disbursements Incurred Total this Invoice 0,40 $112.00 Payments Can Be Wire "transferred '1'`0: City National Bank of Florida 2855 LeJeune Road Coral Gables, FL 33134 SWIFT Code; CNBFUS3M ABAk 066004367 Account Name: Weiss Serota Flelfman Cole & Bierman, P.1- Operating Account Account No,: 1753777107 PLEASE INCLUDE INVOICE NUMBER 112.00 HE 0 IV C14 TMI Iq C14 WEIS'S SSER,017A HELF"MAN COIJE & BIERMAN),13.1,... 2800 fotice de Leon [loulevard S,uit,e 1200 Coral Gabtes, Ul. 33 134 3 05-854-0800 305-854-2323 Tax It) No, 20-9112403 . . . . ................ THIS iNVOICE MAY CONTAIN ATTORNEY I CLIENTINFORMA,rION Iµ: XEMPT FROM PUBLIC DISCLOSURE. CONTACT US III TO RELEASE. Boynton Beach, City of October 11, 2023 c/o Lynn Swanson Invoice # 275654 swansonl@bbfl.us Page 1 of 2 CLIENT: 5774 - Boynton Beach, City of Re: 005-9 Pas ti, Denes Alleged Trip and Fall Date Services Hours Amount 09105/23 akr Finalize Responsive Discovery And Document 2.00 560.00 Production 09/06123 akr Draft Written Discovery To Plaintiff 0,80 224,00 09/13/23 akr Telephone Conference With Plaintiff's Counsel Re 0.30 84.00 Litigation 09/13/23 akr Finalize Request For Production 0.50 140M00 09/14/23 al(r Receipt And Review Of Correspondence Re 0,20 55,501 Mediation 09/14/23 akr Attend To Correspondence Re Mediation 0.20 56,00 Dates/Mediator 09/15/23 akr Receipt And Review Of Order Re Mediation 0,20 56.00 09/20/23 akr Finalize Written Discovery To Plaintiff 1,50 420.00 09/21/23 akr Review And Reply To Correspondence Re 0.20 56,00 Correspondence From Ms. Taylor Re Litigation Report 09/24/23 akr Review And Analyze Tristar Reporting Requirements 1,50 420.00 Arid Overview Of Existing File Documents Re Canoe 09/27/23 akr Review And Analyze File And Draft Litigation And 6.00 1,680.00 Budget Report Total Professional Services 13.40 $3,752.00 Invoice Summary For Professional Services 3,752,00 For Disbursements Incurred 0,00 Total this Invoice $3,752.00 Payments Can Be Wire Transferred To: N Coral Gables, FL 33134 N SWIFT Code: CNBFUS3M ABA#: 066004367 Account Name: Weiss Serota Helfman Cole & Bierman, P.L. Operating Account Account No.: 1753777107 PLEASE INCLUDE INVOICE NUMBER JELEMAN COLE &BIERMAN", P.L. 2800 Ponce de Lxon Boulevard Suite 1200 C.'oral ("'tables, FL 33 t 34 31.6-85il-0800 Fax 305-854-2323 Tax IF) No. 20- 8112403 7`1111 INVOICE MAY CONTAIN Kri'ORNEY I CLIENT INFORMA710N EXEMP1' FROM PUBI-11C DISCLOSURE, CONTAC r US PRIOR 'rt) RELEASE. Boynton Beach, City of c/o Lynn Swanson swansoril@bbfl,us October 11, 2023 Invoice # 275636 Page 1 of 3 CLIENT: 5774 - Boynton Beach, City of Re: 005-12 Sands, Jeffrey Grant- Alleged Failure To Maintain Roadway Date Services Hours Amount 09/01/23 akr Review And Analyze Litigation Arid Presuit Files In 4,00 1,120.00 Preparation For Plaintiff's Deposition 09/05/23 akr Prepare For And Attend Deposition Of Plaintiff 4,00 1,120.00 09/05123 akr Receipt And Review Of Correspondence Re 0,20 56.00 Mediation 09/06/23 akr Receipt And Review Of Correspondence Frorn FDOT 0,20 56,00 09/06/23 akr Receipt And Review Of Correspondence Re 0,20 56.00 Mediation 09/08/23 akr Receipt And Review Of Notice Of Dropping Party 0.20 56,00 09/13/23 akr Attend To Correspondence And Strategy Re 0.50 14000 Mediation 09/14/23 akr Receipt And Review Of Correspondence Re Medical 0.20 56.00 Records 09/15/23 akr Draft Correspondence To Ms, Taylor Re Follow Up 0.50 140,00 Post -Plaintiff's Deposition 09/18/23 akr Receipt And Review Of Correspondence Froni Ms. O.20 56 00 Taylor 09/19/23 akr Initial Review Of Deposition Transcript Re Plaintiff 0.30 84.00 09/21/23 akr Prepare For And Attend Teleconference With Ms, 0,30 84,00 Taylor Re Case Strategy 09/22/23 akr Review And Reply To Correspondence Re Litigation 0,20 56.00 Arid Budget Report 09/26/23 irnf Draft SUrnmary Of Plaintiff's Deposition 3,50 875,00 09/27/23 inif Continued Draft Deposition Sumi-nary Of Plaintiff 4,40 1,100m 09/28123 irrif Draft Deposition SUrnmary Of Plaintiff's Deposition 3,00 750,,00 09/28/23 akr Review And Analyze Case File And Preparation Of 8.00 2,240,00 Budget/Litigation Report 09/29/23 irnf Finalize Deposition SUrnniary Of Plaintiff 3.90 975,00 Total Professional Services 3180 $9,020.00 Iq Iq N For Disbursements Incurred Date Description Amount 09/26/23 Court Reporter/Deposition/Transcripts US Legal - Transcript of 525.90 Deposition of Jeffrey Grant Sands 09/05/23 - U.S. Legal Support, Inc. Westlaw Research 7.24 Total Disbursements Incurred $533.14 Invoice Summary For Professional Services 9,020.00 For Disbursements Incurred 533.14 Total this Invoice $9,553.14 Payments Can Be Wire Transferred To: City National Bank of Florida 2855 LeJeune Road Coral Gables, FL 33134 SWIFT Code: CNBFUS3M ABA#: 066004367 Account Name: Weiss Serota Helfman Cole & Bierman, P.L. Operating Account Account No.: 1753777107 PLEASE INCLUDE INVOICE NUMBER i Supporl SE -WEST PALM BEACH 16625 Northchase Drive Suite 900 Houston TX 77060 Phone: 561-835-0220 Fax: 561-835-3583 Anne Flanigan, Esquire Weiss Serota Hellman Cole Bierman & Popok, P.L. 200 East Broward Boulevard # # 1900 Fort Lauderdale FL 33301 Ln IV N K 4 f InvoiceNo ;= Irivorce,Dete - Payment Terms ,'j 20230507937-12 9/18/2023 Net 30 )ob No 7ob'OaFe Balance 6440648 9/5/2023 $525.90 �- Pages Case.Name - I Jeffrey Grant Sands vs. Florida Department of Tramportation, et al. 77 .-., , .Case No. - — - 502022CA007621 '- 7ob Lacafinn - I f dered 13y' r. U.S. Legal Support - Remote Vdeo& erence Anne Flanigan, Esquire M Client Platter No:: Weiss Serota Hellman Cole Bierman & Popok, Oaim No: P.L. Insured: 200 Fast Broward Boulevard # # 1900 0/O/L: Fort Lauderdale FL 33301 116.00 6erVicesjItems, 'i ; ,', Units . 'Type -:i, �,, , RateChar9 ' ORIGINAL TRANSCRIPT OF: Jeffrey Grant Sands (+) Finance Charges/Late Fees $0,00 (_) New Balance $525.90 Original 116.00 Pages $3.90 $452.40 Exhibit 7.00 Pages $0.50 $3.50 Condensed Transcript 1,00 N/A $15.00 $15.00 Transcript Handling & Processing 1.00 N/A $30.00 $30.00 Litigation Technology, Support and Security Management 1.00 N/A 1 $25.00 $25.00 Total Due $525.90 AFTER 11/2/2023 PAY $604.79 MATTER #5774.005-12 (-) Payments/Credits $0.00 (+) Finance Charges/Late Fees $0,00 (_) New Balance $525.90 Tax ID : 76-0523238 Nevada Firm Registration # 067F Phone: 954-763-4242 Invoicesotpsid by duedate issubjectio interest of 1.5%permonth.1wrewill make reasor,tble efforss to allocate paymrntsproperly. U.S. Legal Supportmayrecoverary Res od costs it maul m collecting ayunpaid amounts. Any righ[,Terding allocations, refwds or adjustments after 90 days f paymentshallbewaitedbyPay- Rngew ow Tams & Conditions for additional information at cur website www.uslegalsupportmm. 'Please detach bottom portion and return lvith payvnent. " Anne Flanigan, Esquire Invoice No.___` 20230507937-12 1nvolcu;DaW'j9/18/2023 Weiss Semta Hellman Cole Bierman & Popok, P.L. Job No, ! 644064e Casd No: -i 502022C4007621 200 East Broward Boulevard # # 1900 - Fort Lauderdale FL 33301 '7 lalbu - _,_.?, Remit To: U.S. Legal Support, Inc. PAY BY CREDIT CARD 'MI -1 P.O. Box 4772 Houston, TX 77210 Cardholders Name: Card Number. Exp. Date: Phone: Billing Address: Zip: Card Security Code: Cardholders Signature: WEISS SEROTA1`1ELFMAN' COLE & BIERMAN, P.L. 2800 Ponce de Leon, Boulevard Suite 1200 1 C"'oral Ciables, 1.41. 33 134 305-854-0800 I -,ax 305-85.1-2323 T'ax ID'No. 20-81121103 . ..... .... ..... THIS INVOICE MAY CONTAIN ATTORNEY I CLIENT INFORMATION EXEMPT FROM PUBI-IC DISCLOSURE. ("'ONTACTUS PRIOR 1*0 RELEASE. Boynton Beach, City of c/o Lynn Swanson swansonl@bbfl.us CLIENT: 5774 - Boynton Beach, City of Re: 005-13 Morris, Darlton- Alleged Fall A 10 Date Services 09/20/23 akr Draft Request For Production And Interrogatories To 0,50 Plaintiff And Consider Strategy Re Sarne 09/21/23 akr Review And Reply To Correspondence Re Litigation Strategy From Ms. Klein And Review Files in Preparation For Same 09/21/23 akr Receipt And Review Of Ms. Klein's Correspondence Re Pre -Suit Investiation 00/x0/23 akr Attend To Preparations For Hearing Re Motion To Dismiss 09/26/23 akr Prepare For And Attend Hearing Re Motion To Dismiss 09/26/23 akr Draft Proposed Order, Cover Letter To Judge And Attend To Correspondence To Mr, Russo Re Same 09/28/23 akr Research Additional Case Law Re Failure To State A Claim Briefing 09/29/23 akr Receipt And Review Oftrder Re Motion To Dismiss 'Total Professional Services October 11, 2023 Invoice # 275637 Page 1 of 3 Hours Aniount 2,50 700,00 0,50 140.00 O20 56.00 O,20 56.00 2,00 560n00 0A0 112.00 200 560.00 020 56.00 Date Description 09/28/23 Court Reporter/Deposition/Transcripts United - Court Reporter for Hearing 09/26/23;Cliecl<,#109960-2467058 - United Reporting, Inc, Total Disbursements Incurred W IV C14 For Professional Services For Disbursements Incurred Total this Invoice Account Name Invoice Summary Payments Can Be Wire Transferred To: City National Bank of Florida 2855 LeJeune Road Coral Gables, FL 33134 SWIFT Code: CNBFUS3M ABA#: 066004367 Weiss Serota Helfman Cole & Bierman, P.L. Account No.: 1753777107 PLEASE INCLUDE INVOICE NUMBER ti Iq N 2,240.00 95.00 $2,335.00 Operating Account UNITED REPORTING, INC. Cou t Repor tfa Services Anne Flangan, Esq. Weiss, Serota, Hellman, Cole & Bierman, P.L. - Fort Lauderdale@ 200 EastBroward Boulevard Suite 1900 Fort Lauderdale, FL 33301 Hearing Before: Judge Scott Reporter Attendance: First Hour Holding approximately 10f1 315824 9/26/2023 401202 30� Dae � Case No 9/26/2023 502023CA006432XXXXMB CaseName ' Morris, Darkon vs. City of Boynton Beads Due upon receipt 1.00 Hours @ 95.000 95.00 20.00 Pages @ 0.000 0.00 TOTAL DUE >>> $95.00 Transcript not ordered HA/Bron s Payment is not contingent upon client reimbursement `Contact us immediately forbiling corrections as no adjustments will be madeafter30 days. Past due accounts accrue 1.5% monthly, all collection costs and attorney's fees. MATTER # 5774.005-13 Tax ID: 55-0793657 Please detach bots omport ion and re turn wit h paymeru. Job No. :401202 BU ID : UR Case No. : 502023CA006432XXXXMB Anne Flanigan, Esq. Case Name : Morris, Darton vs. City of Boynton Bea di Weiss, Serota, Hellman, Cole & Bierman, P.L. - Fort Lauderdale@ 200 East Broward Boulevard In voice No. :315824 Invoice Date :9/26/2023 Suite 1900 Total Due : $95.00 Fort Lauderdale, FL 3 330 1 Remit To: United Reporting, Inc. 633 South Andrews Avenue Suite 202 Fort Lauderdale, FL 33301 Phone: 954-525-22 211 Fax: 754- 263-59 05 PAYMENTWITH CREDIT CARD Cardholder's Name: Card Number: Exp. Date: Phone#: Billing Address: 71p: Card Secu rity Code: Amountto Charge: Cardholder's Signature: Email: 00 IV N 'WEISS SERO"FA IJE1,1"AMAN COLE & BIERMAN, P.L. 2800 Flonce de Leon Bouleval-d Suite1200 ( ( i ""oral lables, FL. 33 134 305-854-0800 Fax 305-854-2323 Tax ID No. 20-8 112403 .., .. ... .......... . . THIS WME MAY CONTAIN ATTORNEY I Cl.ff"N"r INFORMATION EXEMPT FF40M PUBLIC DISCLOSURE,, CONTACT US PRIOR TO RELEASE. Boynton Beach, City of October 11, 2023 c/o Lynn Swanson Invoice # 276638 swansonl@bbfl,us Page 1 of 2 CLIENT: 5774, - Boynton Beach, City of Rei 005-14 Priority I -owing, Inc.- Declaratory Judgment Date Services Hours Amount 09/01/23 rcp Draft Motion For Continuance 0,40 100,00 09/01/23 msk Revise Motion For Continuance 0,20 56,00 09/05/23 rcp Review And Analyze Discovery Files Regarding 2,00 500,00 Priority Towing Case 09/05/23 rcp Draft Analysis Regarding Pending Discovery; Need 1.00 250.00 For Supplemental Documentation For Motion For Surnmary Judgement 09/07/23 rusk Attend To Strategy Re Discovery Necessary 'To 0,70 196,00 Proceed With Hearing On Motion For Summary Judgment 09/07/23 rap Confer Regarding Strategy For MSJ 0,60 150,00 09/15/23 rcp Review And Analyze Discovery DOCUrnentation 1,00 250.00 Issues 09/17/23 rcp Review And Analyze Motion For Summary 1,50 375.00 Judgement And Affidavit In Opposition To Motion For. Summary Judgement, Review DOCUments And Exhibits In Support Of Both Pleadings; Review Caselaw Cited In MSJ and Affidavit In Opposition 09118/23 rcp Draft Analysis Regarding ,Summery Judgement 1 �50 375,00 Arguments 09/18/23 rnsk Review Correspondence Re Motion For Continuance 0,20 56,00 09/18/23 nisk Analyze Strategy Re Discovery Needed For 0,20 56 00 Summary Judgment 09/18/23 nisk Review And Finalize Motion For Continuance 0.20 5600 09/18/23 rcp Review And Analyze 15th Circuit Court Requirements 0,50 125,00 For Amendments To Case Management Order; Revise Motion For Continuance And Incorporate Amendments To Case Management 09119/23 rcp Confer With Opposing Counsel Regarding Motion U0 50.00 For Continuance For Professional Services Rendered Date Services Hours Amount 09/19/23 rcp Confer With City Staff Regarding Status Of Case And 0.20 50.00 Documentation Issues 09/20/23 akr Attend To Correspondence Re Beck's Towing 0.20 56.00 09/21/23 rcp Confer Regarding Motion For Continuation Filing 0.20 50.00 09/29/23 rcp Finalize Proposed Order For Continuance Motion; 0.20 50.00 Confer With OC Regarding Same Total Professional Services 11.00 $2,801.00 Invoice Summary For Professional Services 2,801.00 For Disbursements Incurred 0.00 Total this Invoice $2,801.00 Payments Can Be Wire Transferred To: City National Bank of Florida 2855 LeJeune Road Coral Gables, FL 33134 SWIFT Code: CNBFUS3M ABA#: 066004367 Account Name: Weiss Serota Helfman Cole & Bierman, P.L. Operating Account Account No.: 1753777107 PLEASE INCLUDE INVOICE NUMBER 0 LO N T_ Ln C14 WEISS SERor rA. HELFMAN COLE &BIERMAN, I'll, 2800 Ponce de Leon 13(,)uIevard Suite 1200 Coral Gables, FL, 33134 305-854-0800 Fax 305-8541-2323 Tax 11) No. 20-8112403 THIS INVOICE MAY CONTAIN ATTORNEY I CLlEN7INFORMATION EXEMPT V-ROPO PUBLIC DISCLOSURE. coa,rACT US PRIOR TO RELEASE, Boynton Beach, City of c/o Lynn Swanson swan son I @bbf1. LIS October 11, 2023 Invoice # 275639 Page 1 of 2 CLIENT: 5774 - Boynton Beach, City of Re: 005-15 Reaclon, Corye H., Sr., as Personal Rep of the Estate of Jayden Carlos Ethan Readon, et al- Alleged Wrongful Death Action Date Services Hours ArnOLInt 09/08/23 akar Receipt And Review Of Notice Of Appeal Re Officer 0.20 56.00 Sohrl 09/12/23 akr Receipt And Review Of Correspondence Re Appeal 0,20 50.00 09113/23 akr Receipt And Review Of Amended Notice Of Appeal 0,20 56.00 09/14/23 akr Consider Strategy Regarding Stay Of Trial Court 1.00 280.00 Action Pending Appeal And Draft Correspondence To Co- Defendant Re Same 09/14/23 akar Draft Motion To Stay Trial Court Action Pending 120 336,00 Appeal 09/103123 akr Receipt And Review Of Correspondence Frorn Fourth 0,20 56.00 DCA 09/21123 akr Receipt And Review Of Opposing Counsel's 0.20 56.00 Correspondences Re Appellate Brief Extension 09/22/23 alar Review And Reply To Correspondence Re Initial Brief 0,20 56,00 Extension And Motion To Stay 09/28/23 akr Research Drafting And Finalize Motion To Stay 1,30 364.00 Pending Interlocutory Appeal ­­­­_ ....... Total Professional Services 4.70 $1,316-00 Invoice Summary For Professional Services 1,316,00 For Disbursements Incurred 000 Total this Invoice $1,316.00 Payments Can Be Wire Transferred To: City National Bank of Florida N Ln SWIFT Code: CNBFUS3M N ABA#: 066004367 Account Name: Weiss Serota Helfman Cole & Bierman, P.L. Operating Account Account No.: 1753777107 PLEASE INCLUDE INVOICE NUMBER 'WHISS SEROTA HEITMAN COLE & BIERMAN, P.T.J. 2800 Ponce de Leon Botilevaixf Suite 1200 (',,',oi,aJ Jables, FL, 331,34 305-854-0900 P'ax 305,,,8511-2323 Tax 11) No. 20- 9112403 . .. ..... .. . ........ THIS INVOICE MAY CONTAIN ATTORNEY I CLIENT INFORMATION EXEMPT FROM 1.'IUBLIC DISCLOSURE. CONTACT US PRIOR TO RELEASE. Boynton Beach, City of c/o Lynn Swanson swansonl@bbfI.us CLIENT: 5774 - Boynton Beach, City of Re: 005-19 E21 Real Estate Solutions, LLC- Alleged Conti -act Litigation For Professional Services Rendered October 11, 2023 Invoice # 276640 Page 1 of I Date Services Hours Amount 09/22/23 akr Receipt And Review Of Correspondence Re Motion 0.20 56,00 To Dismiss Hearing 09/27/23 akr Initial Review Of Response To Motion To Dismiss 0,80 224.00 Total Professional Services 1.00 $280.00 For Professional Services For Disbursements Incurred Payments Can Be Wire Transferred To: City National Bank of Florida 2855 LeJeune Road Coral Gables, FL 33134 SWIFT Code, CNBFUS3M ABA066004367 Account Name: Weiss Serota Helfrnan Cole & Berman„ P.L. Operating Account Account No„ 1753777107 PLEASE INCLUDE INVOICE NUMBER 280.00 M3 CV) Ln C14 IV Ln C14 WEBS SEROTA HELFMAN COIT & BIERMAN, 1").L. 2800 Ponce de Leori Boulevard Suite 1200 ("oral Gables, F']-, 33 1,34, 305-854-0800 1 -'ax 305-854-2323 Tax 11) No. 20-8112403 . ... ... ... ............ . ....... 1111S INVOICE MAY COWAIN Al"TORNEY ) CLIENT WFORMATION EXEMPT FROM 1 31131-1C DtSCLOSURE, CONTACT US PRIOR TO RELEASE. . . . . ...... Boynton Beach, City of October 11, 2023 c/o Lynn Swanson Invoice # 275642 swansonl@bbfl.us Page I of 2 CLIENT`. 5774 - Boynton Beach, City of Re: 005-24 BatyGki, Wojciech- Alleged Slip and Fall Date Services Hours AMOUnt 09/01/23 akr Attend To Correspondence Re Hearing On Motions 0,20 56,00 To Dismiss 09/05/23 akr Receipt Arid Review Of Certificate Of Non -Objection 0.20 56,00 09/08/23 akr Receipt Arid Review Of Correspondences Re 0,20 56,00 Hearing Re Motion To Dismiss 09/08/23 akr Receipt And Review Of Notice Re Motions To 0.20 56.00 Dismiss 09/11/23 imf Review And Analyze File To Respond To Discovery 0,80 200,00 Requests 09/11/23 imf Prepare Responses To Plaintiff's Discovery Requests 4.90 1,225.00 09/11/23 imf Continued Preparation Of Plaintiff's Discovery 2.60 650,00 Requests 09/12/23 akr Review And Analyze Palm Beach County's Discovery 0,60 168.00 Responses Arid Amended Responses 09/12/23 akr Consider Strategy Regarding Draft Discovery 0.80 224.00 Responses 09/14/23 akr, Revise Response To Request For Admission And 2,00 560 00 Interrogatory Answers 09/15/23 akr Receipt And Review Of Notice Of Unavailability 0.20 56,00 09/15/23 akr- Receipt And Review Of Correspondence Re 0.20 55.00 Discovery 09/15/23 imf Draft Discovery Requests To Plaintiff 1.40 350,00 09/19/23 akr Attend To Correspondence Re Discovery 0.20 56.00 09/19/23 akr Review And Reply To Correspondence Re 010 5&00 Conference From OPPOSirIg Counsel 09/20/23 akr, Receipt And Review Of Correspondence, Re 0,20 56.00 Sidewalk Fror'n Client 09/21/23 akr Attend To Correspondence To Judge Re UMC 0,20 56.00 Hearing For Professional Services Rendered Date Services Hours 09/25/23 akr Review And Analyze Defendant HMRS' Response To 0.30 Request For Admissions 09/26/23 akr Review And Reply To Correspondence Re Hearing 0.20 On Motion To Dismiss From Plaintiff's Counsel 09/26/23 akr Attend To Follow Up Questions Re Discovery Issues 0.30 With Client 09/27/23 akr Review And Reply To Correspondence Re Hearing 0.20 On Motion To Dismiss From Mr. Baker 09/27/23 akr Prepare For And Attend Hearing On Motion to 1.50 Dismiss 09/27/23 akr Draft Proposed Order, Cover Letter, And 0.50 Correspondence Re Motion To Dismiss 09/29/23 akr Review And Reply To Correspondence Re Proposed 0.20 Order Total Professional Services 18.30 Invoice Summary For Professional Services For Disbursements Incurred Total this Invoice Amount 84.00 56.00 84.00 56.00 420.00 140.00 56.00 $4,833.00 4,833.00 0.00 $4,833.00 Payments Can Be Wire Transferred To: City National Bank of Florida 2855 LeJeune Road Coral Gables, FL 33134 SWIFT Code: CNBFUS3M ABA#: 066004367 Account Name: Weiss Serota Helfman Cole & Bierman, P.L. Operating Account Account No.: 1753777107 PLEASE INCLUDE INVOICE NUMBER LO LO N (D Ln C14 WEISS SERO".17A 1-1EITMAN COLE & BIERMAN, P.L. 2800 Pome deLeon Boulevard Suite 1200 Ca r,al Gables, FL 33134. 305-85?1-0800 Fax 305-8511-2323 Tax 11) No. 20-811203 .. . ... ... ... ... .... . .. ...... . .... --- --," — THIS INVOICE MAY CONTAIN ATTORNEY I CLIEN"r INFORMA"(10N EXEMPT"ROM PUBLIC DISCI.QSURE. CON'rACTUS PRIOR TO RELEASE. Boynton Beach, City of c/o Lynn Swanson swansonl@bbfi.us CLIENT: 5774 - Boynton Beach, City of lie: 005-25 Torocsik, Peter- Pro Be 1983 Act Date Services 09/21/23 akr Receipt And Review Of Correspondence To Court Re Motion To Dismiss Hearing Total Professional Services Invoice Sunirnary For Professional Services For Disbursements Incurred October 11, 2023 Invoice # 276643 Page I of 1 Hours Amount 010 56 00 0.20 $56.00 56.00 0,00 $56.00 Payments Can Be Wire Transferred To: City National Bank of Florida 2.855 LeJeune Road Coral Gables, FL 33134 SWIFT Code: CNBFUS3M ABA #: 066004367 Account Narne' Weiss Serota Helfrnan Cole & Bierman, P.L. Operating AccOL111t Account No.: 1753777107 PLEASE INCLUDE, INVOICE NUMBER I ­ Ln C14 WEISS SERor r,A, IJE1.1YMA,N COLE &BIERMAN, P.[,..,. 2800 I'lotice de Leon Boulevard Suite 1200 Cot -a] Gables, !1113 134, 3('15-854-0800 Fax 305-854-2323 Tax 11) No, 20-8112403 . . ............... . .................. ...... T111 INVOICE MAY CONTAIN ATTORNEY I CLIENT INF ORIVIATION EXEMPT FROM PUBLIC DISCLOSURE. CONJACTUS PRIG TO RELEASE. . ...... .... .. . . ... ... ­ ..... ..... ........ Boynton Beach, City of c/o Lynn Swanson swansonl@bbfl.us CLIEN'r- 5774 - Boynton Beach, City of Re: 005-27 Bernstein, Joshua - Alleged Auto Accident MI-If=1 Date 337.50 Services 09/12/23 akr Review And Analyze Claims File In Preparation For 0,20 45.00 Drafting Response To Complaint 09/13/23 akr Receipt And Review Of Order Re Case Management 0.70 157,50 Plan 09/13/23 akr Draft And Research Motion To Dismiss 09/13/23 akr Review And Reply To Correspondence Re Litigation $1,575.00 From Plaintiff's Counsel 09/14/23 akr Receipt And Review Of Order Re Case Management Plan 09121/23 akr Review And Reply To Correspondence Re Lifigatioi,i Frorn Mr, Dolman 09/22/23 akr Prepare For And Attend "I"eleconference With Plaintiff's Counsel Total Professional Services Invoice Summary For Professional Services For Disbursements Incurred Total this Invoice October 11, 2023 Invoice # 275644 Page 1 of I Hours Amount 1.50 337.50 O 20 45.00 4.00 90000 0,20 45.00 0.20 45.00 0.20 45.00 0.70 157,50 7.00 $1,576.00 1,575.00 0,00 $1,575.00 Payments Can Be Wire Transferred Tow City National Bank of Florida 2855 LeJeune Road Coral Gables, FL 33134 SWIFT Code: CNBFUS3M ABA#: 066004367 Account Name: Weiss Serota Helfman Cole & Bierman, P.L.Operating Account Account No.: 1753777107 PLEASE INCLUDE INVOICE NUMBER 00 Ln C14 'W E J'fSS(,,3'E.R0T AJ I M A N MIT & B11 I ERMAN.11".1'...1. 2800 11once de Leon Boulevard Suite 1200 Coral, Gables, Ft. 331 4 305-85,4-0800 I"ax 305-8511-2323 Tax 11) No. 20-8112403 THIS INVOME MAY CONTAIN ATTORNEY i CLIENT INFORMATION EXE MP'TFPOM PUBUC DISCLOSURE. CONTAC"TUS PRIOR TO RELEASE. Boynton Beach, City of October 11, 2023 c/o Lynn Swanson Invoice # 275646 swanson1@bbfl.us Page I of 1 CLIENT: 5774 - Boynton Beach, City of Re: 005-28 Mastrodornenico, Margarita - Alleged Trip and Fall Date Services Hours Amount 09/12/23 akr Initial Review Of Complaint And Correspondence Re 0,30 67.50 Sarne 09/14/23 akr Initial Review Of Documents Re Claim 1,50 337.50 09/22/23 akr Finalize Notice Of Appearance 0720 45.00 09/22/23 akr Consider Strategy Regarding Proposed Case 0.20 45,00 Management Plan Total Professional Services 2.20 $495.00 Invoice Summary For Professional Services 495.00 For Disbursements Incurred 0,00 Total this Invoice $496 00 Payments Can Be Wire Transferred To: City National Bank of Florida 2855 LeJeune Road Coral Gables, FL 33134 SWIFT Code: CNBFUS3M ABA#., 066004367 Account Name: Weiss Gerota Ffelfrnan Cole & Bierman, P.L, Operating Account Account No,: 1753777,107 PLEASE INCLUDE INVOICE NUMBER 0) Ln C14 WEISS SEROTA FIELTMAN COLE & BIERMAN',, P.11. 2800 Ponce de t,eon Boulevard SUitC 1200 C,oral Ciables, F1, 33134 3 05-854 -0800 F,tx 305-854-232 '3 Tax 11) No. 20-8112403 THIS IN MAY CONTAIN ATTORNEY I CUENT INF ORMA"TION EXE MPTFROM PUBLIC DISCLOSURE. CONTAC rS PRIOR 1 0 RELEASE. Boynton Beach, City of c/o Lynn Swanson swansonI@bbf1.US October 11, 2023 Invoice # 276655 Page 1 of 2 CLIENT: 5774 - Boynton Beach, City of Re; 017 Eminent Domain Matter of State of Florida Dept vs, Pientka Holdings, LLC, et al Case No. 2022 -CA -010804 Date Services Hours Amount 09/06/23 ag Review Notice Of Dropping Party And Draft 0.20 56.00 Correspondence To Mr, Rahenkamp Re His Inquiry On Curing The Property 09/18/23 ag Teleconference With Mr. Bratton Re Letter From The 0.20 56.00 City On A Variance 09/26/23 ag Review Letter Froin Pientka Holdings Engineer To 0.90 252,00 The City, The City's Response And The City Code And Draft Correspondence To Pientka Holdings' Attorney Re Same 09/27123 ag Review And Respond To Correspondence From The 0,30 84,00 Owners'Attorney 09/27/23 ag Review Response From The Planning Director Re 0,20 56.00 The Property Owner's Inquiry 09/28/23 ag Teleconference With The Planning Director To 0.20 56,00 DiSCL,ISS Pientka Moldings' Concerns 09/28/23 ag Draft Correspondence To Mr. Stratton Re Responses 030 196.00 To His InqUiries On The Certificate Of Conformity Total Professional Services Z70 $756.00 Invoice Summary For Professional Services 75600 For Disbursements Incurred 0.00 Total this Invoice �75�00 Payments Can Be Wire Transferred To: City National Bank of Florida CD SWIFT Code: CNBFUS3M N ABA#: 066004367 Account Name: Weiss Serota Helfman Cole & Bierman, P.L. Operating Account Account No.: 1753777107 PLEASE INCLUDE INVOICE NUMBER WEIRS SE.JR011A I IELTMAN 2800 11,)once ale Lem Boulevard SL[itC 1200 1 Cloral (Jables, Fl. 33 134 305-85'1-0800 ' 1 305-854-1323 Tax ID No, 20-811203 .................... . ..... .— -- ------ ............ - ". - - . . .... 'n,os INVOICE MAY CONTAIN ATTORNEY I CUENT INFORMATION EXEMP"I" FROM PUBLIC UISCLOSURE, CONTACT LIS PRIOR TO REl-EASE,, Boynton Beach, City of c/o Lynn Swanson swansonl@bbfl.us October 11, 2023 Invoice # 275656 Page 1 of 2 CLIENT: 5774 - Boynton Beach, City of Re: 018 Eminent Domain Matter Of Irache Partners, LLC et al Case No, 2022 -CA -012797 (Parcel Nos.109,707 Date Services Hours ArnOUnt 09/06/23 ag Phone Call To Mr. Sernonich Re FI OT Eminent 0.40 112.00 Domain Matters On Which 'They Are Seeking Assistance And Draft Follow Up Correspondence Re Same 09/06/23 ag Draft Correspondence To The City Re Mr, 0,20 5&00 Rahenkamp's Records Request Relating To FDOT's Erninent Domain Cases 09/11/23 ag Review The letters Arid Emails Provided By "The 030 196,00 City's Planning And Zoning Director In Response To The Property Owners' Requests And Respond To 'The City Planning And Zoning Director 09/11/23 ag Draft Correspondence To The Property Owners' 0,20 56,00 Representative (Mr, Semonich) Enclosing The Files Provided By The City 09/18/23 ag Review Partial Final Judgment "To Determine If The 0"30 84,00 City Can Claim Apportionment 1---11- ... . ....... Total Professional Services 1.80 $604.00 Invoice Summary For Professional Services 504,00 For Disbursements Incurred Total this Invoice Payments Can Be Wire Transferred To: City National Bank of Florida 2355 LeJeUne Road NM # T- CD C14 N w ABA#: 066004367 N Account Name: Weiss Serota Helfman Cole & Bierman, P.L. Operating Account Account No.: 1753777107 PLEASE INCLUDE INVOICE NUMBER WEISS SEROTA HE1,FMAN COLE & BIERMAN, f),I., 2800'F)once de Leon Boulevard Suite 1200 Coral (kables, 141, 33 134 305-854-0800 Fax 305-854-2323 "I"ax 11) No, 20-8112403 ............... . . ............................... --, . ............. . . ..... - . . .......... .. .. . . ...... ... -- THIS INVOICE MAY CONTAIN ATTORNEY) CLIENT INFORMATION EXEMPT FROM PUBLIC INSCLOSURE. CONTACT UIS PRIORl"O RELEASE, Boynton Beach, City of c/o Lynn Swanson swansonl@bbfl.us October 11, 2023 Invoice # 275657 Page 1 of I CLIENT: 5774 - Boynton Beach, City of Re: 021 Ibrahim, Muhannad Maher -Fisk Protection Order For Professional Services Rendered Date Services Hours 00/11/23 jrn Receipt And Review Of Correspondence From Court 0.20 Providing Executed Order Substituting Counsel Total Professional Services 0.20 For Professional Services For Dis bu rserne tits Incurred AMOUnt 56.00 $56.00 5& 00 0.00 56.00 Payn'ients Can Be Wire Transferred To: City National Batik of Florida 2855 LeJeune Road Coral Gables, FL 33134 SWIFI-Code: CNBFUS3M ABA* 066004367 Account Name: Weiss Serota Helfrnan Cole & Bierman, P.L. Operating Account Account No.: 1753777107 PLEASE INCLUDE INVOICE NUMBER WEISS SEROTA 111"'J"ITIMAN COLE & 131ERMAN' 2800 Ponce de LeOn 110Ldev'ard Suite 1200 Coral Gibles, Pt. 33 134 305-954-0800 Fax 305-854-2323 Tax IF) No, 20-81121103 'rHIS INVOICE MAY CONTAIN 770 CLIEN'r INFORMATION EXEMPT FROM PUBLIC DISCLOSURE. CONTACT US PRIOR TO RELEASE,, . ..... ... ... . . . ..... . .. . .... .... . ...... . Boynton Beach, City of c/o Lynn Swanson swanson1@bbfI,L1S CLIENT: 5774 .. Boynton Beach, City of Re: 022 Henderson, Warren Marcel -Frisk Protection Order Date Services 09/12/23 jrn Receipt And Review Of Executed Order, Granting Substitution Of Counsel Invoice Summary For Professional Services For Disbursements Incurred October 11, 2023 Invoice # 275658 Page 1 of 1 Hours Amount 0,20 56,00 M0 Payments Can Be Wire Transferred To: City National Bank of Florida 2855 LeJeune Road Coral Gables, FL 33134 SWIFT Code- CNBFUS3M ABA #, 066004367 Account Name: Weiss Serota Helfrnan Cole & Berman, P1, Operating Account ACCOUnt No.: 1753777107 PLEASE INCLUDE INVOICE NUMBER Ln CD C14 WE], I SS SEROTA HEITMAN COLE & BIERMAN,, RL 2800 Porice de f,0011 1301,11evard sl'[ite 1200 Coral ("J'ables, IT 33 134 305-854-0900 Fax 305-854-2323 Tax ID No. 20-8112403 .. ......... - . ... . ........ ... . .......... ......... . ........ THIS INVOICE MAY CON'TAIN ATTORNEY I CLIEN'r It FORMA NON EXEMPTFROM PUBLIC I' CLOS RE. CON"rACT L,IS PRIORm RELEASE. Boynton Beach, City of October 11, 2023 c/o Lynn Swanson Invoice # 275659 swansonl@[)bfl,us Page 1 of 2 CLIENT: 5774 - Boynton Beach, City of Re: 023 Wunsch, Jeffery - Risk Protection Order Date Services Hours Amount 09/07/23 jrn Receipt And Review Of Correspondence From O 30 84,00 Detective Providing Re$Lllt$ Of Follow Up On Consideration Of Extension, And Preparation Of Response To Sanie 09/12/23 jrn Receipt And Review Of Executed Order Granting 0.20 56,00 Stiplation For Substitution Of Counsel 09/27/23 jrn Preparation Of Multiple Correspondence To Detective 0.1,50 140,00 ReqUesting Update On Grounds For An Extension, And Receipt Arid Review Of Response To Same 09/27/23 jrn Receipt And Review Of Correspondence From Court 0,20 56,00 Regarding Notification Of Pending Expiration Of Order 09/28/23 jrn Preparation Of Multiple Correspondence To Detective 0,50 140,00 Regarding Status Of Evidence In Support Of Extension, And Receipt And Review Of Response To Same Total Professional Services 130 $476.00 Invoice Summary For Professional Services 476.00 For Disburse rnents Incurred 0,00 Total this Invoice 476.00 Payments Can Be Wire Transferred To: City National Bank of Florida 2855 LeJeUne Road Coral Gables, Fl- 33134 w co Account Name: Weiss Serota Helfman Cole & Bierman, P.L. Operating Account N Account No.: 1753777107 PLEASE INCLUDE INVOICE NUMBER J,Zor . - 4 TTMIAN 'WEISS SH I A COLE & RfERMAN, P.L. 2800 Ponce de L,eon Boulevard Suite 1200 C!ot-al Gables, F1, 331.34 305-8511-0800 Fax 305-85el-2323 J'Ix ID No, 20-8112403 . . . ... . ...... ............ . . . . .... .. ...... THIS INVOICE MAY CONTAIN KrTORNEY I CLIENTINFORNIAT ION EXEMPT FROM PUBLIC DISCLOSURE, CONTACT US PRIOR "TO RELEASE. ..... ...... . ..... .. — . . .... . ...... Boynton Beach, City of October 11, 2023 c/o Lynn Swanson Invoice # 275660 swansonl@bbfi.us, Page 1 of I CLIENT5774 - Boynton Beach, City of He; 024 Owen, John Edward - Risk Protection Order For Professional Services Rendered Date Services Hours ArnOUnt 09/12/23 jrn Receipt And Review Of Correspondence And 020 56,00 Attachment From Court Providing Executed Order Substituting Counsel Total Professional Services 0.20 $56.00 Invoice Summary For Professional Services 56,00 For Disbursements Incurred 0.00 Total this Invoice $56.00 Payments Can Be Wire Transferred To: City National Bank of Florida 2855 LeJeune Road Coral Gables, FL 33134 SWIFT Code: C1BFUS3M ABA#066004367 Account Name; Weiss Serota Fielfman Cole & Bierman, P.L, Operating Account Account No,- 1753777107 PLEASE INCLUDE INVOICE NUMBER 'WEISS SER01"'Al-111"IFMAN .4 C01-1 & BIFRMAN,111.. 2800 Ponce de Leon Boulevard Suite 1,200 Coral Gables, F lm, 1 305-854-0900 I`nx 305-854-2323 Tax 11) No, 20-811211,03 "rHIS INVOICE MAY CONTAIN Al TORNEY I CUENT INFORMATION EXEmp"r FROM PUBLICDISCLOSURE,, CONTACT US PRIORTO RELEASE,,, ... ........... ... ... ... .......... -'" . ..... . .. Boynton Beach, City of c/o Lynn Swanson swansonl@bbfl.Ll$ October 11, 2023 Invoice # 275661 Page I of I CLIENT: 5774 - Boynton Beach, City of Re, 025 Neddeff, Jennifer Lynn - Risk Protection Order For Professional Services Rendered Date Services Hours 09/12/23 jrn Receipt And Review Of Executed Order Stipulating 0.20 Substitution Of Counsel Total Professional Services 0.20 Invoice Summary For Disbursements Incurred 10TMIUMINEM Amount 56.00 $56.00 %00 0,00 $56.00 . .. . ............ ...... --- Payments Can Be Wire Transferred To; City National Bank of Florida 2855 LeJeLine Road Coral Gables, FL 33134 SWIFT Code: CNBFUS3M ABA #: 066004367 Account Name. Weiss Serota Helfman Cole & Biert-nan, P.L. Operating Account Account No.: 1753777107 PLEASE INCLUDE INVOICE NUMBER WEISS S1`-AR0`,1,`A HELYMAN COLE & B11 ' ARMAN', P.I., 2800 Ponce de L,cori Boulevard Suite 1200 Coral Gables, Ft-, 33134 305-954-0800 I'ax 305-85/1.2323 'Fax ID No, 20-8112403 THIS INVOICE MAY CONTAIN ATTORNEY'l CLIENT' INFORMATION EXEMPT FROM PUBLICDISCLOSURE. CON'rACT US PRIOR TO RELEASE. Boynton Beach, City of October 11, 2023 c/o Lynn Swanson Invoice # 275662 swansonI@bbfI,us Page 1 of 2 CLIENT; 5774 - Boynton each, City of Re: 026 Joseph, Vessle Deon - Risk Protection Order Date Services Hours Amount 09/01/23 jrn Preparation Of CorrespondenceTo Detective 010 56,00 Requesting Follow Up On Status Of Respondent In Consideration Of Extension 09/07/23 jrn Receipt And Review Of Correspondence From 030 84,00 Detective In Follow Up To Evidence For Petition For Extension, And Preparation Of Response To Sarna 09/08/23 jrn Receipt And Review Of Correspondence From 0,30 84.00 Detective Providing Paperwork For Baker Act Of Respondent, And Preparation Of Response To Sarae 09/12/23 jrn Receipt And Review Of Executed Order Grantirig 0.20 56,00 Substitution Of Counsel 09/13/23 jrn Preparation Of Correspondence To Detective In 0.20 56,00 Follow Up On Evidence For Extension 09/13/23 jrn Telephone Conference With Detective Regarding 0,20 56,00 Update On Follow Up Investigation On Respondent 09/26/23 jrn Receipt And Review Of Correspondence From Court 0,20 56.00 Providing Notice Of Pending Expiration Of Risk Protection Order 09/27/23 jrn Telephone Conference With Detective Regarding 0,20 56 00 Compilation Of Evidence For Extension Of Order 09/27/23 jrn Research Clerk Of Courts" Docket And Official 0.60 168.00 Records Regarding History For Vessle Joseph 09/28/23 jrn Preparation Of Multiple Correspondence To Detective 0,50 140,00 Regarding Update On Grounds For Extension Of Order, Arid Receipt And Review Of Response To Same 09/29/23 jrn Receipt And Review Of Correspondence From 0.30 84,00 Detective Regarding Involuntary Commitment Of Respondent, And Preparation Of Response To Same Payments Can Be Wire Transferred To: City National Bank of Florida 2855 LeJeune Road Coral Gables, FL 33134 SWIFT Code: CNBFUS3M ABA#: 066004367 Account Name: Weiss Serota Helfman Cole & Bierman, P.L. Operating Account Account No.: 1753777107 PLEASE INCLUDE INVOICE NUMBER 0 ti For Professional Services Rendered N Date Services Hours Amount 09/29/23 jrn Telephone Conference With Detective Concerning 0.40 112.00 Efforts To Support Petition For Extension - Multiple Conferences 09/29/23 jrn Preparation Of Petition For Extension Of Final Risk 2.00 560.00 Protection Order, And Accompanying Order And Exhibits 09/29/23 jrn Receipt And Review Of Correspondence From 0.30 84.00 Detective Providing Affidavit For Review And Preparation Of Response To Same 09/29/23 jrn Review And Revise Affidavit For Extension Of Final 0.30 84.00 Order Total Professional Services 6.20 $1,736.00 Invoice Summary For Professional Services 1,736.00 For Disbursements Incurred 0.00 Total this Invoice $1,736.00 Payments Can Be Wire Transferred To: City National Bank of Florida 2855 LeJeune Road Coral Gables, FL 33134 SWIFT Code: CNBFUS3M ABA#: 066004367 Account Name: Weiss Serota Helfman Cole & Bierman, P.L. Operating Account Account No.: 1753777107 PLEASE INCLUDE INVOICE NUMBER 'A 'WE.1% SEROTA FIELFMAN COLE & BIERMAN, P.L. 2800 Ponce de Leon Boulevard Suite 1200 Coral (1.3ables, I'l, 33 134 305-854-0800 Fax 305-854-2323 J'nx 11) No. 20-8112403 11,11S INVOICE MAY CONTAIN ATTORNEY / 131,JENT INFORMATION EXEMP"T'FROM PUBLIC DISCLOSURE. CONTAC"i"US PRIOR TO RELEASE,, . ... . ... . . . . . .... Boynton Beach, City of October 11, 2023 c/o Lynn Swanson Invoice # 275663 swansonI@bbfl,us Page 1 of 1 CLIEN"r: 5774 - Boynton Beach, City of Re, 028 Town Square Investigation For Professional Services Rendered Date Services Hours Amount 09/28123 dnt Review And Analyze Documents Related To RFP O 50 114000 And Award Of RFP For Development 09/28/'23 dnt Review And Analyze E -Mail Related To Easement 0,30 84.00 For Keith Property - Shore Drive 09/29/23 dnt Develop Strategy Concerning Review Of Town 0010 112,00 Square Documents For Investigation PUrposes Total Professional Services 1.20 $336.00 Invoice Summary For Professional Services For Disbu rsenie tits Incurred Total this Invoice 0.00 Payments Can Be Wire Transferred To: City National Bank of Florida 2855 LeJeune Road Coral Gables, FL 33134 SWIFTGodo: CNBFUS3M ABA#: 066004367 Account Narnw Weiss Serota Helfrnan Cole & Bierman, PA.. Operating Account Account No.: 1753777107 PLEASE INCLUDE INVOICE NUMBER ROBERTS, REYNOLDS, BEDARD & 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Telephone (561)688-6560 Tax ID No. 65-0004867 City of Boynton Beach Attn: Tennille DeCoste 100 East Ocean Avenue Boynton Beach, FL 33435 CLIENT: City of Boynton Beach MATTER: Smith (Joseph) v. Sohn et al. Claim # BILL FOR FEES AND COSTS THROUGH 09/30/23 PROFESSIONAL SERVICES Date Services TUZZIO, PLLC 09/01/23 Receipt and review of Herny's Reply to Plaintiffs Response to Motion to Continue Trial. 09/05/23 Communicate/Other Counsel correspondence with all defense counsel re plaintiff's motion in limine and joint response to same 09/06/23 Receipt and review of Court's Order on Burke's Motion to Withdraw as Counsel for Berben. 09/06/23 Legal research case law in support of Response in Opposition to Plaintiffs Motion in Limine specifically cases holding exclusion of expert testimony proper due to lack of compliance with Rule 26 expert reports 09/07/23 Communicate/Other Counsel correspondence with all defense counsel re response in opposition to plaintiffs motion in limine October 20, 2023 Bill No. 77506 032 22369 Attorney Hours SWK 0.30 SWK 0.40 SWK 0.10 SWK 1.10 SWK 09/07/23 Draft/Revise Defendants' Joint Response in Opposition to SWK Plaintiffs Motion in Limine (specifically, preparation of section and argument addressing exclusion of plaintiffs experts and revision of argument re prior arrests drafted by Mr. Stephens) 09/08/23 Review/Analyze Ms. Wydler and Mr. Stephens' proposed AGB replies to Plaintiff's Motion in Limine to incorporate into a joint omnibus reply as required by the Court 0.30 1.20 0.90 09/08/23 Communicate/Other Counsel correspondence from Ms. Wydler, AGB 0.20 Mr. Alexander, and Mr. Stephens re: additions and additional argument for joint omnibus reply to Plaintiffs motion in limine 09/08/23 correspondence to and from all counsel re: approval of joint AGB 0.20 omnibus reply to plaintiffs motion in limine 09/11/23 Review/Analyze Plaintiffs Rule 26 Disclosure list including SWK 0.30 Rebuttal Expert Witnesses and Exhibits. 272 Client: City of Boynton Beach October 20, 2023 Matter: 22369 - Smith (Joseph) v. Sohn et al. Page 2 PROFESSIONAL SERVICES Date Services Attorney Hours 09/12/23 Communicate/Other Counsel correspondence to all defense AGB 0.10 160.00 counsel re: pre-trial stipulation, jury instructions, and verdict SWK Stephanie W. Kaufer, Partner 5.10 form 943.50 09/12/23 Communicate/Other Counsel correspondence with all defense SWK 0.50 $1,183.50 counsel re upcoming pre-trial deadlines and strategy for $ seeking extension as to same in light of pending ruling on Balance Forward: motion for summary judgment 1,407.00 09/12/23 Communicate/Other Counsel correspondence with all counsel SWK 0.50 -1,407.00 re joint motion to extend deadlines and the parties' respective $ positions with respect to same and plaintiff's objection 09/29/23 Receipt and review of Court's Order on Defendant's Motion for SWK 0.40 Summary Judgment. 09/29/23 Communicate/Other Counsel correspondence to all defense AGB 0.10 counsel re: will be seeking relief pursuant to Rule 54(b) PROFESSIONAL SERVICES SUMMARY Code Name Hours Rate Amount AGB Ann G. Breeden, Associate 1.50 160.00 240.00 SWK Stephanie W. Kaufer, Partner 5.10 185.00 943.50 Total Professional Services 6.60 $1,183.50 CURRENT BILL TOTAL AMOUNT DUE $ 1,183.50 Balance Forward: 1,407.00 Payments & Adjustments: -1,407.00 Total Due: $ 1,183.50 273 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: 77506 Bill Date: October 20, 2023 Client Code: 032 Client Name: City of Boynton Beach Matter Code: 22369 Matter Name: Smith (Joseph) v. Sohn et al. Total Professional Services Total Disbursements CURRENT BILL TOTAL AMOUNT DUE Balance Forward: Payments & Adjustments: Total Due: Past Due Balance TOTAL AMOUNT DUE 1,183.50 0.00 $ 1,183.50 1,407.00 -1,407.00 $ 1,183.50 0.00 $1,183.50 274 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 Tristar Risk Management October 20, 2023 Attn: Karen Klein Bill No. 77507 P.O. Box 2805 Clinton, Iowa 52733-2805 CLIENT: Gallagher Bassett Services, Inc. 138 MATTER: Readon v. Boynton Beach 18187 Claim #001470 -000396 -AB -01 BILL FOR FEES AND COSTS THROUGH 09/30/23 PROFESSIONAL SERVICES Date Services Attorney Hours 09/08/23 Draft/Revise notice of appeal for submission to Fourth District AGB 0.30 Court of Appeal 09/08/23 Communicate/Other External correspondence to Mr. AGB 0.10 Weissblum re: 4th DCA filing fee 09/12/23 Receipt and review of Clerk's Order directing Appellant to file BLB 0.10 conformed copy of Lower Tribunal Order [Appeal] 09/12/23 Receipt and review of Acknowledgment of New Appeal Case BLB 0.10 4D2023-2192 [Appeal] 09/13/23 Draft/Revise Notice of Filing Order Denying Defendant, Mark BLB 0.20 Sohn's Motion for Summary Judgment in Lower State Court: [Appeal] 09/15/23 Receipt and review of Correspondence from Anne Flanigan re: BLB 0.30 interim city attorney and will case be stayed due to appeal. 09/20/23 Draft/Revise Agreed Motion for Extension of Time to File Initial AGB 0.50 Brief 09/20/23 Communicate/Other Counsel correspondence to all counsel re: AGB 0.10 whether there is any opposition to Officer Sohn's Motion for Extension of Time to file Initial Brief 09/21/23 Communicate/Other Counsel correspondence to all counsel re: AGB 0.10 if any objection to Officer Sohn's Motion for Extension of Time to file Initial Brief 09/21/23 Communicate/Other Counsel correspondence from Ms. AGB 0.10 Flanigan confirming no objection to Officer Sohn's Motion for Extension of Time to File Initial Brief 09/22/23 Communicate/Other Counsel correspondence from Ms. AGB 0.10 Flanigan re: staying the case during appeal 275 Client: Gallagher Bassett Services, Inc. October 20, 2023 Matter: 18187 - Readon v. Boynton Beach Page 2 PROFESSIONAL SERVICES Date Services Attorney Hours 09/22/23 Communicate/Other Counsel correspondence from Ms. AGB 0.10 185.00 203.50 Sharmin re: no objection to Officer Sohn's Motion for Extension 2.50 $427.50 of Time to file Initial Brief 09/28/23 Receipt and review of City of Boynton Beach's Motion to Stay BLB 0.30 pending appeal. 09/29/23 Receipt and review of Court's Order on Sohn's Motion for BLB 0.10 Extension of Time to Serve Intial Brief. PROFESSIONAL SERVICES SUMMARY Code Name Hours Rate Amount AGB Ann G. Breeden, Associate 1.40 160.00 224.00 BLB Benjamin L. Bedard, Partner 1.10 185.00 203.50 Total Professional Services 2.50 $427.50 DISBURSEMENTS Date Description Amount 09/08/23 Court Fees #4450978;Notice of Appeal - Palm Beach 103.50 County 09/13/23 Court Fees #181717706;Filing Fee - Fourth District Court 300.00 of Appeal Total Disbursements $403.50 CURRENT BILL TOTAL AMOUNT DUE Balance Forward: Payments & Adjustments: Total Due: $ 831.00 270.00 -270.00 $ 831.00 276 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: 77507 Bill Date: October 20, 2023 Client Code: 138 Client Name: Gallagher Bassett Services, Inc. Matter Code: 18187 Matter Name: Readon v. Boynton Beach Total Professional Services Total Disbursements CURRENT BILL TOTAL AMOUNT DUE Balance Forward: Payments & Adjustments: Total Due: Past Due Balance TOTAL AMOUNT DUE 427.50 403.50 $ 831.00 270.00 -270.00 $ 831.00 0.00 $831.00 277 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 October 16, 2023 100 East Ocean Avenue Bill No. 77342 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 09/30/23 PROFESSIONAL SERVICES Date Services Attorney Hours 09/01/23 Review Plaintiff, Julie Beecher's Response to City's Request for RKD 1.70 Production (210pgs) to identify treating physicians, insurance providers, employers, damages, liens, pre-existing conditions, or other defense leads. 09/02/23 Review Plaintiff, Julie Beecher's Answers to Defendant RKD 0.80 Neossaint's Interrogatories to compare with Answers to City's Interrogatories to identify any additional insurance providers, treating providers, pre-existing conditions, alleged damages, or other additional defense leads. 09/03/23 Preparation of case materials, including accident report, RKD 0.90 incident report, work order, photos, and other materials for use at pre -deposition meetings with City employees Ben Dexter, Warren Bazemore, and Gail Mootz. 09/03/23 Obtain Google Earth images of various years and angles of RKD 0.80 subject accident scene for use in preparation of upcoming depositions. 09/04/23 Review Plaintiff, Julie Beecher's Response to Defendant RKD 0.50 Neossaint's Request for Production (210pgs) to compare with Response to City's Request for Production to identify any additional insurance providers, treating providers, pre-existing conditions, alleged damages, or other additional defense leads (yet confirming same documents produced). 09/05/23 Preparation of initial prep of our updated case evaluation. LHR 1.90 09/05/23 Preparation of correspondence to Claims Examiner III, Diana LHR 0.30 Taylor, re: updated Litigated Claims Report. 09/06/23 Receipt and review of e-mail from Claims Examiner III, Diana LHR 0.20 Taylor, re: acknowledgment of updated Litigated Claims Report Form. 278 Client: City of Boynton Beach October 16, 2023 Matter: 22731 - Beecher v. Felix, Neossaint & City of Boynton Beach Page 2 PROFESSIONAL SERVICES Date Services Attorney Hours 09/06/23 Receipt and review of e-mail from Tristar Rep. Diana Taylor re: LHR 0.50 discussing defense strategy and providing FMIT insurance policy for City for 2020-2021, and review of same. 09/06/23 Receipt and review of e-mail from Tristar Rep. Diana Taylor re: LHR 0.10 requesting to copy FMIT Rep. Maxwell in case going forward. 09/08/23 Appear For/Attend Pre -Deposition Meetings with City JRJ 4.70 Employees Ben Dexter, Warren Bazemore, and Gail Mootz at Boynton Beach City Hall 09/08/23 Preparation of case materials, including pleadings, discovery RKD 0.80 responses, google maps, accident report, incident report, work order, photos, and other materials for use at and potential exhibits to deposition of Plaintiff, Julie Ann Beecher. 09/11/23 Review online databases to identify appropriate registered RKD 1.50 agents for serving subpoenas for records pertaining to Plaintiff, Julie Beecher, to AdventHealth Deltona ER, AdventHealth Fish Memorial, Bethesda Hospital, Dr. Kevin Brantley, Functional Evaluation Testing, Fusion Chiropractic Spa, Geico, MetroPCS, Dr. Ernesto Montesino, Optum Services, Precision MRI Group, Publix Pharmacy, State Farm, Sterling Emergency Services, SMA Behavioral Healthcare, University Orthopaedic Care, Walgreens. 09/12/23 Review Clerk of Court's online docket to identify and obtain all RKD 0.50 pleadings, discovery, or other documents filed with the Court prior to assignment of case. 09/12/23 Review online dockets of the Clerk of Court for Broward, Palm RKD 0.60 Beach, and Miami -Dade, Counties to identify and obtain copies of lawsuits, criminal charges, or other official records pertaining to Plaintiff, Julie Beecher. 09/12/23 Receipt and review of dockets obtains from online dockets of LHR 0.40 the Clerk of Court for Broward, Palm Beach and Miami -Dade Counties pertaining to Plaintiff, Julie Beecher. 09/12/23 Review online databases to identify records clerks for Broward, RKD 0.30 Palm Beach, and Miami -Dade to serve public records request for obtain records of Plaintiff, Julie Beecher. 09/12/23 Preparation for upcoming deposition of Plaintiff Julie Beecher. LHR 1.20 09/12/23 Preparation of Statement of Assurance (HIPAA) to Walgreens LHR 0.10 pertaining to Plaintiff, Julie Beecher. 09/12/23 Preparation of Notice of Production from Non -Party directed to LHR 0.20 Walgreens pertaining to Plaintiff, Julie Beecher. 09/12/23 Preparation of subpoena duces tecum directed to Walgreens LHR 0.20 pertaining to Plaintiff, Julie Beecher. 09/13/23 Preparation of e-mail to Co -Defendant, C. Richard Penalta, re: JRJ 0.30 follow up email pertaining to providing copies of your surveillance reports regarding the Plaintiff or damage estimates for the involved vehicles . 279 Client: City of Boynton Beach October 16, 2023 Matter: 22731 - Beecher v. Felix, Neossaint & City of Boynton Beach Page 3 PROFESSIONAL SERVICES Date Services Attorney Hours 09/13/23 Receipt and review of e-mail from Co -Defendant, C. Richard JRJ 0.30 Penalta, re: requesting if plaintiffs deposition for Julie Beecher is moving forward. 09/13/23 Preparation of e-mail to Co -Defendant, C. Richard Penalta, re: JRJ 0.30 confirming plaintiffs deposition for Julie Beecher is moving forward. 09/13/23 Preparation of e-mail to Co -Defendant, C. Richard Penalta, re: JRJ 0.30 providing zoom link, meeting id and Passcode for plaintiffs deposition for Julie Beecher. 09/13/23 Preparation of Statement of Assurance (HIPAA) to State Farm LHR 0.10 Mutual Automobile Insurance Company pertaining to Plaintiff, Julie Beecher. 09/13/23 Preparation of Statement of Assurance (HIPAA) to Sterling LHR 0.10 Emergency Services of Florida, P.A. pertaining to Plaintiff, Julie Beecher. 09/13/23 Preparation of Statement of Assurance (HIPAA) to SMA LHR 0.10 Behavioral Healthcare pertaining to Plaintiff, Julie Beecher. 09/13/23 Preparation of Statement of Assurance (HIPAA) to University LHR 0.10 Orthopaedic Care pertaining to Plaintiff, Julie Beecher. 09/13/23 Preparation of Notice of Production from Non -Party directed to LHR 0.20 State Farm Mutual Automobile Insurance Company pertaining to Plaintiff, Julie Beecher. 09/13/23 Preparation of Notice of Production from Non -Party directed to LHR 0.20 Sterling Emergency Services of Florida, P.A. pertaining to Plaintiff, Julie Beecher. 09/13/23 Preparation of Notice of Production from Non -Party directed to LHR 0.20 SMA Behavioral Healthcare pertaining to Plaintiff, Julie Beecher. 09/13/23 Preparation of Notice of Production from Non -Party directed to LHR 0.20 University Orthopaedic Care pertaining to Plaintiff, Julie Beecher. 09/13/23 Preparation of subpoena duces tecum directed to State Farm LHR 0.20 Mutual Automobile Insurance Company pertaining to Plaintiff, Julie Beecher. 09/13/23 Preparation of subpoena duces tecum directed to Sterling LHR 0.20 Emergency Services of Florida, P.A. pertaining to Plaintiff, Julie Beecher. 09/13/23 Preparation of subpoena duces tecum directed to SMA LHR 0.20 Behavioral Healthcare pertaining to Plaintiff, Julie Beecher. 09/13/23 Preparation of subpoena duces tecum directed to University LHR 0.20 Orthopaedic Care pertaining to Plaintiff, Julie Beecher. 09/14/23 Preparation of e-mail to Plaintiffs counsel, Glen Levine and JRJ 0.30 Co -Defendant, C. Richard Penalata, re: UMC Hearing on Defendant's, City of Boynton Beach, Motion to Amend Answer and Defenses before Judge Reid Scott. 280 Client: City of Boynton Beach October 16, 2023 Matter: 22731 - Beecher v. Felix, Neossaint & City of Boynton Beach Page 4 PROFESSIONAL SERVICES Date Services Attorney Hours 09/14/23 Preparation of Statement of Assurance (HIPAA) to Dr. Ernesto LHR 0.10 Montesino pertaining to Plaintiff, Julie Beecher. 09/14/23 Preparation of Statement of Assurance (HIPAA) to Optum LHR 0.10 Services, Inc. pertaining to Plaintiff, Julie Beecher. 09/14/23 Preparation of Statement of Assurance (HIPAA) to Precision LHR 0.10 MRI Group pertaining to Plaintiff, Julie Beecher. 09/14/23 Preparation of Statement of Assurance (HIPAA) to Publix LHR 0.10 Pharmacy pertaining to Plaintiff, Julie Beecher. 09/14/23 Preparation of Notice of Production from Non -Party directed to LHR 0.20 Dr. Ernesto Montesino pertaining to Plaintiff, Julie Beecher. 09/14/23 Preparation of Notice of Production from Non -Party directed to LHR 0.20 Optum Services, Inc. pertaining to Plaintiff, Julie Beecher. 09/14/23 Preparation of Notice of Production from Non -Party directed to LHR 0.20 Precision MRI Group pertaining to Plaintiff, Julie Beecher. 09/14/23 Preparation of Notice of Production from Non -Party directed to LHR 0.20 Publix Pharmacy pertaining to Plaintiff, Julie Beecher. 09/14/23 Preparation of subpoena duces tecum directed to Dr. Ernesto LHR 0.20 Montesino pertaining to Plaintiff, Julie Beecher. 09/14/23 Preparation of subpoena duces tecum directed to Optum LHR 0.20 Services, Inc. pertaining to Plaintiff, Julie Beecher. 09/14/23 Preparation of subpoena duces tecum directed to Precision LHR 0.20 MRI Group pertaining to Plaintiff, Julie Beecher. 09/14/23 Preparation of subpoena duces tecum directed to Publix LHR 0.20 Pharmacy pertaining to Plaintiff, Julie Beecher. 09/14/23 Attendance at deposition of Plaintiff Julie Beecher via Zoom. LHR 2.80 09/15/23 Receipt and review of Defendant Neossaint's Verified Answers LHR 0.50 to Plaintiffs Initial Interrogatories and Notice of Serving same. 09/15/23 Preparation of Statement of Assurance (HIPAA) to Functional LHR 0.10 Evaluation Testing of Florida, Inc. pertaining to Plaintiff, Julie Beecher. 09/15/23 Preparation of Statement of Assurance (HIPAA) to Fusion LHR 0.10 Chiropractic Spa pertaining to Plaintiff, Julie Beecher. 09/15/23 Preparation of Statement of Assurance (HIPAA) to GEICO LHR 0.10 General Insurance Company pertaining to Plaintiff, Julie Beecher. 09/15/23 Preparation of Statement of Assurance (HIPAA) to MetroPCS LHR 0.10 pertaining to Plaintiff, Julie Beecher. 09/15/23 Preparation of Notice of Production from Non -Party directed to LHR 0.20 Functional Evaluation Testing of Florida, Inc. pertaining to Plaintiff, Julie Beecher. 09/15/23 Preparation of Notice of Production from Non -Party directed to LHR 0.20 Fusion Chiropractic Spa pertaining to Plaintiff, Julie Beecher. 281 Client: City of Boynton Beach October 16, 2023 Matter: 22731 - Beecher v. Felix, Neossaint & City of Boynton Beach Page 5 PROFESSIONAL SERVICES Date Services Attorney Hours 09/15/23 Preparation of Notice of Production from Non -Party directed to LHR 0.20 GEICO General Insurance Company pertaining to Plaintiff, Julie Beecher. 09/15/23 Preparation of Notice of Production from Non -Party directed to LHR 0.20 MetroPCS pertaining to Plaintiff, Julie Beecher. 09/15/23 Preparation of subpoena duces tecum directed to Functional LHR 0.20 Evaluation Testing of Florida, Inc. pertaining to Plaintiff, Julie Beecher. 09/15/23 Preparation of subpoena duces tecum directed to Fusion LHR 0.20 Chiropractic Spa pertaining to Plaintiff, Julie Beecher. 09/15/23 Preparation of subpoena duces tecum directed to GEICO LHR 0.20 General Insurance Company pertaining to Plaintiff, Julie Beecher. 09/15/23 Preparation of subpoena duces tecum directed to MetroPCS LHR 0.20 pertaining to Plaintiff, Julie Beecher. 09/15/23 Preparation of public records request to Volusia County LHR 0.40 Sheriffs Office pertaining to Plaintiff, Julie Beecher. 09/18/23 Preparation of Statement of Assurance (HIPAA) to LHR 0.10 AdventHealth Deltona ER pertaining to Plaintiff, Julie Beecher. 09/18/23 Preparation of Statement of Assurance (HIPAA) to LHR 0.10 AdventHealth Deltona Fish Memorial pertaining to Plaintiff, Julie Beecher. 09/18/23 Preparation of Statement of Assurance (HIPAA) to Bethesda LHR 0.10 Hospital pertaining to Plaintiff, Julie Beecher. 09/18/23 Preparation of Statement of Assurance (HIPAA) to Dr. Kevin LHR 0.10 Brantley pertaining to Plaintiff, Julie Beecher. 09/18/23 Preparation of Notice of Production from Non -Party directed to LHR 0.20 AdventHealth Deltona ER pertaining to Plaintiff, Julie Beecher. 09/18/23 Preparation of Notice of Production from Non -Party directed to LHR 0.20 AdventHealth Deltona Fish Memorial pertaining to Plaintiff, Julie Beecher. 09/18/23 Preparation of Notice of Production from Non -Party directed to LHR 0.20 Bethesda Hospital pertaining to Plaintiff, Julie Beecher. 09/18/23 Preparation of Notice of Production from Non -Party directed to LHR 0.20 Dr. Kevin Brantley pertaining to Plaintiff, Julie Beecher. 09/18/23 Preparation of subpoena duces tecum directed to AdventHealth LHR 0.20 Deltona ER pertaining to Plaintiff, Julie Beecher. 09/18/23 Preparation of subpoena duces tecum directed to AdventHealth LHR 0.20 Deltona Fish Memorial pertaining to Plaintiff, Julie Beecher. 09/18/23 Preparation of subpoena duces tecum directed to Bethesda LHR 0.20 Hospital pertaining to Plaintiff, Julie Beecher. 09/18/23 Preparation of subpoena duces tecum directed to Dr. Kevin LHR 0.20 Brantley pertaining to Plaintiff, Julie Beecher. 282 Client: City of Boynton Beach October 16, 2023 Matter: 22731 - Beecher v. Felix, Neossaint & City of Boynton Beach Page 6 PROFESSIONAL SERVICES Date Services Attorney Hours 09/18/23 Preparation of Defendant, City of Boynton Beach's, Motion to LHR 1.20 Require Plaintiff, Julie Beecher, to Sign Authorizations. 09/18/23 Preparation of correspondence to Glen Levine, re: Defendant, LHR 0.30 City of Boynton Beach's, Motion to Require Plaintiff, Julie Beecher, to Sign Authorizations. 09/18/23 Preparation of Medicaid authorization for Plaintiff, Julie RKD 0.30 Beecher's, execution. 09/18/23 Preparation of Medicare authorization for Plaintiff, Julie RKD 0.30 Beecher's, execution. 09/18/23 Preparation of Social Security authorization for Plaintiff, Julie RKD 0.30 Beecher's, execution. 09/18/23 Preparation of public records request to City of Boynton Beach LHR 0.40 Police Department pertaining to Plaintiff, Julie Beecher. 09/18/23 Preparation of public records request to Daytona Beach Police LHR 0.40 Department pertaining to Plaintiff, Julie Beecher. 09/18/23 Preparation of public records request to DHSMV pertaining to LHR 0.40 Plaintiff, Julie Beecher. 09/18/23 Preparation of public records request to Palm Beach County LHR 0.40 Sheriffs Office pertaining to Plaintiff, Julie Beecher. 09/18/23 Receipt and review of e-mail from Volusia County Sheriff's LHR 0.10 Office re: status of public records request pertaining to Plaintiff, Julie Beecher. 09/18/23 Receipt and review of e-mail from Boynton Beach Police LHR 0.20 Department re: no records pertaining to Plaintiff, Julie Beecher, pursuant to public records request. 09/18/23 Review of the case file, discovery, and pleadings in preparation JRJ 0.90 for Plaintiffs deposition of Co -Defendant Fern Neossaint the next day. 09/18/23 Receipt and review of e-mail from Palm Beach County Sheriffs LHR 0.10 Office re: status of public records request pertaining to Plaintiff, Julie Beecher. 09/18/23 Receipt and review of e-mail from Plaintiffs counsel Levine re: LHR 0.20 advising he has not been able to obtain service on Sammie Gillion. 09/19/23 Correspondence to Claims Rep. Diana Taylor re: summary of LHR 1.20 deposition of Plaintiff Julie Beecher. 09/19/23 Preparation of e-mail to Plaintiffs counsel, Glen Levine and JRJ 0.30 Co -Defendant, C. Richard Penalata, re: follow up email re: UMC Hearing on Defendant's, City of Boynton Beach, Motion to Amend Answer and Defenses before Judge Reid Scott. 09/19/23 Receipt and review of e-mail from Co -Defendant, C. Richard JRJ 0.30 Penalata, re: confirming attendance for UMC Hearing on Defendant's, City of Boynton Beach, Motion to Amend Answer and Defenses before Judge Reid Scott. 283 Client: City of Boynton Beach October 16, 2023 Matter: 22731 - Beecher v. Felix, Neossaint & City of Boynton Beach Page 7 PROFESSIONAL SERVICES Date Services Attorney Hours 09/19/23 Receipt and review of Master Auto Body Estimate for Neossaint JRJ 0.40 vehicle. 09/19/23 Receipt and review of Surveillance Report on Plaintiff. JRJ 0.50 09/19/23 Attendance at Plaintiff's deposition of Co -Defendant Fern JRJ 0.90 Neossaint via Zoom (deposition cut short due to language barrier issues and will be reset with interpreter present). 09/19/23 Receipt and review of e-mail from Palm Beach County Sheriffs LHR 0.20 Office re: status of audio video portion of public records request pertaining to Plaintiff, Julie Beecher. 09/19/23 Receipt and review of e-mail from Palm Beach County Sheriffs LHR 0.20 Office re: status of 911 portion of public records request pertaining to Plaintiff, Julie Beecher. 09/19/23 Receipt and review of e-mail from Palm Beach County Sheriffs LHR 0.20 Office re: status of photo portion of public records request pertaining to Plaintiff, Julie Beecher. 09/19/23 Receipt and review of e-mail from Palm Beach County Sheriffs LHR 0.20 Office re: no photos pertaining to Plaintiff, Julie Beecher, pursuant to public records request. 09/19/23 Receipt and review of e-mail from Volusia Sheriff's Office re: LHR 0.10 status of public records request pertaining to Plaintiff, Julie Beecher. 09/20/23 Correspondence to Claims Rep. Diana Taylor re: summary of JRJ 0.70 partial deposition of Defendant Fern Neossaint. 09/20/23 Preparation of e-mail to Volusia Sheriffs Office re: status of LHR 0.20 public records request pertaining to Plaintiff, Julie Beecher. 09/20/23 Receipt and review of e-mail from Palm Beach County Sheriffs LHR 0.20 Office re: no records pertaining to Plaintiff, Julie Beecher, pursuant to public records request. 09/20/23 Receipt and review of e-mail from City Risk Manager Morgan LHR 0.20 Chaloupka re: status of deposition of City employee Warren Bazemore. 09/20/23 Receipt and review of e-mail from Plaintiffs counsel Levine re: LHR 0.20 cancellation of depositions of Richard Ignoffo and Warren Bazemore. 09/20/23 Preparation of second email to City Risk Manager Morgan LHR 0.20 Chaloupka re: advising of Plaintiff's cancellation of deposition of City employee Warren Bazemore. 09/20/23 Receipt and review of e-mail from City Rep. Nicole Aldrich re: LHR 0.20 deposition of Gail Mootz. 09/21/23 Receipt and review of e-mail from Volusia County Sheriff's LHR 0.20 Office re: status of public records request pertaining to Plaintiff, Julie Beecher. 09/21/23 Receipt and review of second e-mail from Volusia County LHR 0.10 Sheriffs Office re: status of public records request pertaining to Plaintiff, Julie Beecher. 284 Client: City of Boynton Beach October 16, 2023 Matter: 22731 - Beecher v. Felix, Neossaint & City of Boynton Beach Page 8 James R. Jimenez, Associate PROFESSIONAL SERVICES 160.00 Date Services Attorney Hours 09/21/23 Receipt and review of third email received from Volusia County LHR 0.10 RKD Sheriffs Office re: status of public records request pertaining to 9.30 110.00 Plaintiff, Julie Beecher. 09/21/23 Receipt and review of Plaintiffs Notice of Cancellation of LHR 0.20 $7,598.00 Deposition of Warren Bazemore. 09/21/23 Receipt and review of Plaintiffs Notice of Cancellation of LHR 0.20 Deposition of Richard Ignoffo. 09/21/23 Receipt and review of e-mail from City Rep. Morgan Chaloupka LHR 0.20 re: acknowledging cancellation of deposition of City Rep. Warren Bazemore. 09/22/23 Receipt and review of e-mail from Palm Beach County Sheriffs LHR 0.20 Office re: no records for 911 calls pertaining to Plaintiff, Julie Beecher, pursuant to public records request. 09/25/23 Preparation of public records request to Florida Division of LHR 0.40 Driver's Licenses pertaining to Plaintiff, Julie Beecher. 09/26/23 Receipt and review of e-mail from Palm Beach County Sheriff's LHR 0.20 Office re: no audio or video records pertaining to Plaintiff, Julie Beecher, pursuant to public records request. 09/27/23 Receipt and review of e-mail from Volusia Sheriff's Office re: LHR 0.20 status of body -worn camera video pertaining to Plaintiff, Julie Beecher, pursuant to public records request. 09/29/23 Preparation of e-mail to City Contact, Lynn Swanson, re: future JRJ 0.30 meeting with Officer Community Service Officer Jaimie Viverito (ID/Badge #084) to discuss matter. 09/29/23 Preparation of e-mail to Legal Advocate re: subpoenas LHR 0.20 pertaining to Plaintiff, Julie Beecher. 09/29/23 Receipt and review of e-mail from City Contact, Lynn Swanson, JRJ 0.30 re: acknowledgment of coordinating future meeting with Officer Community Service Officer Jaimie Viverito (ID/Badge #084) to discuss matter. 09/29/23 Receipt and review of email response from Legal Advocate re: LHR 0.10 subpoenas pertaining to Plaintiff, Julie Beecher. 09/29/23 Receipt and review of e-mail from Chief Financial Officer re: LHR 0.10 subpoenas pertaining to Plaintiff, Julie Beecher. PROFESSIONAL SERVICES SUMMARY Code Name Hours Rate Amount JRJ James R. Jimenez, Associate 10.80 160.00 1,728.00 LHR Lyman H. Reynolds, Jr., Partner 26.20 185.00 4,847.00 RKD Rebecca K. Davis, Paralegal 9.30 110.00 1,023.00 Total Professional Services 46.30 $7,598.00 285 Client: City of Boynton Beach October 16, 2023 Matter: 22731 - Beecher v. Felix, Neossaint & City of Boynton Beach Page 9 DISBURSEMENTS Date Description Amount 09/14/23 Litigation Support Vendors #191132: Taken but not 200.00 transcribed, deposition of Julie Beecher. - Florida Court Reporting 09/22/23 Outside Printing Division of Driver's Licenses public 10.00 records request for pertaining to Plaintiff, Julie Beecher. - Division of Driver's Licenses 09/29/23 Subpoena Fees Chief Financial Officer subpoena fee 31.10 pertaining to Plaintiff, Julie Beecher. Total Disbursements $241.10 CURRENT BILL TOTAL AMOUNT DUE $ 7,839.10 Balance Forward: 4,818.00 Payments & Adjustments: -3,684.00 Total Due: $ 8,973.10 286 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: 77342 Bill Date: October 16, 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 7,598.00 241.10 $ 7,839.10 4,818.00 -3,684.00 $ 8,973.10 1,134.00 $8,973.10 287 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 Attn: claims@bbfl.us 100 East Ocean Avenue Boynton Beach, FL 33435 CLIENT: City of Boynton Beach MATTER: Geraci v. Zeller Adj: Tennille DeCoste BILL FOR FEES AND COSTS THROUGH 09/30/23 PROFESSIONAL SERVICES Date Services 09/14/23 Telephone conference with defense expert, Dr. John Peters, re status of case and status of initial opinions. 09/18/23 Receipt and review of e-mail from Claims Examiner II, Karen Klein, re: case status pertaining to Plaintiff, Sanford Geraci. 09/18/23 Preparation of email response to Claims Examiner II, Karen Klein, re: case status pertaining to Plaintiff, Sanford Geraci. 09/18/23 Receipt and review of second e-mail from Claims Examiner II, Karen Klein, re: case status pertaining to Plaintiff, Sanford Geraci. 09/18/23 Preparation of second email to Claims Examiner II, Karen Klein, re: case status pertaining to Plaintiff, Sanford Geraci. PROFESSIONAL SERVICES SUMMARY Code Name LHR Lyman H. Reynolds, Jr., Partner RKD Rebecca K. Davis, Paralegal Total Professional Services October 16, 2023 Bill No. 77341 032 19132 Attorney Hours RKD 0.20 LHR 0.20 LHR 0.20 LHR 0.20 LHR 0.20 Hours Rate 0.80 185.00 0.20 110.00 1.00 Amount 148.00 22.00 $170.00 288 Client: City of Boynton Beach Matter: 19132 - Geraci v. Zeller CURRENT BILL TOTAL AMOUNT DUE Balance Forward: Payments & Adjustments: Total Due: October 16, 2023 Page 2 $ 170.00 777.50 -777.50 $ 170.00 289 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: 77341 Bill Date: October 16, 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 170.00 0.00 $ 170.00 777.50 -777.50 $ 170.00 0.00 $170.00 290 U Consent Agenda 11/7/2023 City of Boynton Beach Agenda Item Request Form Meeting Date: 11/ 7/2023 Commission Meeting Minutes. Requested Action: Approve minutes from the October 3, 2023 and October 17, 2023 City Commission Meetings. Explanation of Request: The City Commission met on October 3, 2023 and October 17, 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: 10-03-2023 City Commission Meeting Minutes.docx 10-17-2023 City Commission Meeting Minutes.docx 291 Minutes of the City Commission Meeting Held Online Via the GoToWebinar Platform and In -Person at the City Hall Commission Chambers 100 East Ocean Avenue, Boynton Beach, Florida On Tuesday, October 3, 2023, at 6:00 P.M. Present: Mayor Ty Penserga Vice Mayor Thomas Turkin Commissioner Angela Cruz Commissioner Woodrow L. Hay 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 Amalie Ash, First Presbyterian Church. Invocation was given by Pastor Ash. Pledge of Allegiance to the Flag led by Commissioner Aimee Kelley Commissioner Kelley led the Pledge of Allegiance to the Flag. Agenda Approval: 1. Additions, Deletions, Corrections Mayor Penserga stated that he would like to move up item #10A to after Public Audience. Commissioner Kelley stated that she has concerns with fleet and fleet management, in regards to production and parts, if staff can provide an update, due to the auto strike, and would like this on Future Agenda. Commissioner Cruz stated that she does not see her two items that she mentioned at a prior meeting on the agenda, under Future Agenda. 2. Adoption Motion: Vice Mayor Turkin moved to approve the agenda as amended. Commissioner Hay 292 Meeting Minutes City Commission Meeting and Second Budget Hearing Boynton Beach, FL October 3, 2023 seconded the motion. The motion passed unanimously. 2. Other A. Informational items by the Members of the City Commission. Commissioner Cruz stated that she spoke to two residents regarding item #5A. Vice Mayor Turkin stated that he received emails from all of the applicants outside of Margaret Roberts from the Arts Advisory Board, and that he spoke to a few CRA Advisory Board Members. He mentioned that he spoke to members of the Business Development Board concerning item #11A. Commissioner Hay stated that he received emails regarding item #5A, concerning the appointments. He said that his church celebrated their 115th Anniversary and thanked the Mayor for his comments during their celebration. Commissioner Kelley said that she received some emails regarding #5A too. Mayor Penserga said that he did not have any disclosures. 3. Announcements, Community and Special Events and Presentations A. Career Online High School Graduate - Certificate of Achievement. Mayor Penserga introduced the two students that are graduating. He presented plaques to them. Ange Lucie thanked everyone at the City that helped her get this certificate and her family. Veronica Caraballo thanked the City for this opportunity. She said that third time is a charm, and she thanked her family for their support. Jeannie Taylor, Library Director, spoke about the program, and how many people have graduated through this program B. Announcement of Fall Festival Mayor Penserga announced the festival and what will be included. C. Announcement of Senior Health Fair 4 293 Meeting Minutes City Commission Meeting and Second Budget Hearing Boynton Beach, FL October 3, 2023 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. Mayor Penserga announced the event and the band that will be playing. Commissioner Cruz gave a shout out to the Events and Marketing Team for working on this event. She said that it is a great opportunity to showcase the local Hispanic vendors. 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 Karageorge thanked the Mayor for attending the 115th St. John Anniversary Celebration. He gave a shout out to Commissioner Hay for all that he has done for the City. Mack McCray spoke about government and civility, and said that he witnessed unprofessionalism amongst the Commissioners last meeting. He said that there was disrespect amongst the Staff and Commissioners. He mentioned that speakers are allowed 3 minutes, no matter what they say. He stated that the decorum for the citizens should be for the Commissioners too. He said that the Commissioners should go through metal detectors as well. James Young said that he is a citizen of Boynton and is trying to find a job, and he has no support from the Mayor or Commissioners. He stated that he would like to have help from someone, for him to get a job. Dennis Caraballo said that his job is hiring, and he is able to help the resident get a job. Mario Guzman announced that Monday, October 16 to Friday, October 20 we will be having a Vegetation Amnesty Week, where nobody has to pay extra for large amounts of pickup. Veronica Carabello stated that they have been having problems with water going down the sewage, and it is starting to break the road. 10A. Proposed Resolution No. R23-140- Approval of In House Attorney Employment Letter (Contract). 3 294 Meeting Minutes City Commission Meeting and Second Budget Hearing Boynton Beach, FL October 3, 2023 Tennille DeCoste, Director of Human Resources and Risk Management, spoke about the negotiation process, and said that the final step is to approve the agreement. Vice Mayor Turkin thanked Ms. DeCoste for addressing his concerns. Commissioner Cruz said that regarding section 13.1, one of the reasons they wanted an Inhouse Attorney was to have them fully here, and not allow outside consulting. Vice Mayor Turkin asked if there is a need for Commission approval, if any other side work is going to be done. Interim City Attorney Tolces said that if she decides to do something down the road, she could request permission, such as teaching. Vice Mayor Turkin said that agrees with the concerns, he would be okay with 13.1, with the amendment that she is able to do side work after 5 P.M. Commissioner Hay asked if this is the first time they are seeing this agreement. Ms. DeCoste explained the steps to get to this point. Commissioner Hay said that what the Attorney does after hours is their own business, and if there is a conflict down the road, they have the right to address that. He stated that as long as work is not affected, he is fine with this. Commissioner Kelley asked if this is something that was asked for within the agreement. Ms. DeCoste said that this is standard with other City employment letters. Commissioner Kelley spoke about how there are Attorneys that teach at different conferences, and that there is a benefit to it. She suggested that the language may be tightened up a little bit. Shawna Lamb stated that as a City employee, she will be doing City work, and that will extend to anything that belongs to the City, such as equipment. She said that she takes time off to go to court, if needed. She mentioned that there are benefits to the City, by her being able to speak at events or conferences. She said that she has no interest in consulting, but would like to be able to teach, for CLE points. Commissioner Cruz asked if CLE is continuing education. 4 295 Meeting Minutes City Commission Meeting and Second Budget Hearing Boynton Beach, FL October 3, 2023 Ms. Lamb responded yes. Commissioner Cruz said that during the interview she asked if the City was going to be their sole source of income. She stated that for continuing education, she has no problem with that. She mentioned that she would not want any conflict with representing someone else. Ms. DeCoste stated that they can remove the outside consulting wording from the contract. Ms. Lamb suggested removing the language "5 P.M. and outside consulting or other business opportunities," and limit it to education. Mayor Penserga said that if they ask people to teach, it is a point of pride. Interim City Attorney Tolces read the resolution by title. P� 15.1". 1 Commissioner Cruz moved to approve Resolution No. R23-140, with the amendment to 13.1. Commissioner Kelley seconded the motion. The motion passed unanimously. 5. Administrative A. Advisory Board Annual Reappointments and Appointments. - Tabled from April 4, 2023. AFFORDABLE HOUSING ADVISORY COMMITTEE Mayor Penserga moved to appoint Tara Okler to the Low -Income Persons position on the AHAC. Vice Mayor Turkin moved to appoint Amanda Radian to the Serving on a Local Planning Agency position on the AHAC. Motion Commissioner Cruz moved to approve the appointments to the AHAC. Vice Mayor Turkin seconded the motion. The motion passed unanimously. ART ADVISORY BOARD 5 296 Meeting Minutes City Commission Meeting and Second Budget Hearing Boynton Beach, FL October 3, 2023 Vice Mayor Turkin moved to appoint Susan Froehlich to the Regular position on the Art Advisory Board. Commissioner Hay moved to appoint Margaret Roberts to the Regular position on the Art Advisory Board. Commissioner Kelley moved to appoint Ace Tilton Ratcliff to the Alternate position on the Art Advisory Board. Mayor Penserga moved to appoint Breion Moses to the Alternate position on the Art Advisory Board. Motion Commissioner Hay moved to approve the appointments. Commissioner Kelley seconded the motion. The motion passed unanimously. CRA ADVISORY BOARD Mayor Penserga moved to appoint Eric Anderson to the Regular position on the Community Redevelopment Agency Advisory Board. Vice Mayor Turkin moved to appoint Alexandria Lopresto to the Regular position on the Community Redevelopment Agency Advisory Board. Commissioner Cruz moved to appoint Courtlandt McQuire to the Regular position on the Community Redevelopment Agency Advisory Board. Commissioner Hay moved to appoint Chevette Gadson to the Regular position on the Community Redevelopment Agency Advisory Board. Commissioner Kelley moved to appoint Naomi Cobb to the Regular position on the Community Redevelopment Agency Advisory Board. Motion Commissioner Cruz moved to approve the appointments. Commissioner Hay seconded the motion. The motion passed unanimously. EDUCATION AND YOUTH ADVISORY BOARD Mayor Penserga moved to appoint Valorie Valcourt to the Regular position on the Education and Youth Advisory Board. 297 Meeting Minutes City Commission Meeting and Second Budget Hearing Boynton Beach, FL October 3, 2023 Vice Mayor Turkin moved to appoint Teresa Kasey-McClendon to the Regular position on the Education and Youth Advisory Board. Commissioner Hay moved to appoint Francois Calixte-Dieuvil to the Regular position on the Education and Youth Advisory Board. Mayor Penserga moved to appoint Gloria Nguyen to the student position on the Education and Youth Advisory Board. Vice Mayor Turkin moved to appoint Odalis Veloso to the Student position on the Education and Youth Advisory Board. Motion Commissioner Cruz moved to approve the appointments. Commissioner Hay seconded the motion. The motion passed unanimously. HISTORIC RESOURCES PRESERVATION BOARD Mayor Penserga moved to appoint Bradley Jackson to the Regular position on the Historic Resources Preservation Board. Vice Mayor Turkin moved to appoint Thomas Ramiccio to the Regular position on the Historic Resources Preservation Board. Commissioner Cruz moved to appoint Roy Smith to the Regular position on the Historic Resources Preservation Board. Motion Vice Mayor Turkin moved to approve the appointments. Commissioner Hay seconded the motion. The motion passed unanimously. LIBRARY BOARD Commissioner Cruz moved to appoint Marcia Levine to the Regular position on the Library Board. Commissioner Hay moved to appoint Lindsay Karten to the Regular position on the Library Board. Commissioner Kelley moved to appoint Ellen Jones to the Regular position on the Library Board. Mayor Penserga moved to appoint Joel Barsky to the Regular position on the Library 7 298 Meeting Minutes City Commission Meeting and Second Budget Hearing Boynton Beach, FL October 3, 2023 :0, • Motion Commissioner Kelley moved to approve the appointments. Commissioner Hay seconded the motion. The motion passed unanimously. RECREATION AND PARKS BOARD Commissioner Kelley moved to appoint Sarah Beveridge to the Regular position on the Recreation and Parks Board. Mayor Penserga moved to appoint Julie Hines to the Regular position on the Recreation and Parks Board. Vice Mayor Turkin moved to appoint Belinda Lasky to the Regular position on the Recreation and Parks Board. Motion Vice Mayor Turkin moved to approve the appointments. Commissioner Kelley seconded the motion. The motion passed unanimously. 6. Consent Agenda A. Proposed Resolution No. R23-135- Amendment FY 2022-23 Mausoleum Fund 632. B. Purchases for over $10,000 -August 2023 C. Bid Extensions and Piggy -Back Under $100,000. D. Proposed Resolution No. R23-136- 1st Amendment to Athletic Angels Foundation, Inc. Facility Use Agreement E. Proposed Resolution No. R23-137- NFL Grassroots Grant Fiscal Support Agreement with Youth Enrichment Association for Academics and Athletics, Inc. F. Legal Invoices July/August 2023. G. Commission Meeting Minutes. Motion: 299 Meeting Minutes City Commission Meeting and Second Budget Hearing Boynton Beach, FL October 3, 2023 Commissioner Cruz moved to approve the consent agenda. Vice Mayor Turkin seconded the motion. The motion passed unanimously. 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. B. Proposed Resolution No. R23-138- Bid No. UTL23-030 for West Wellfield Electrical Upgrade - 4W, 5W ,7W and 8W Project. C. Installation of utilities equipment canopies for portable generator storage. D. Proposed Resolution No. R23-139- Ezell Hester Park Improvements - Change order to PO 231014. E. Bid Extensions and Piggy -Back Over $100,000. Commissioner Hay pulled item #7D. Motion: Commissioner Hay moved to approve the Consent Bids and Purchases over $100,000, as amended. Vice Mayor Turkin seconded the motion. The motion passed unanimously. 7D. Proposed Resolution No. R23-139- Ezell Hester Park Improvements - Change order to PO 231014. Mario Guzman, Public Works Director, spoke about the agenda that they will speak about. Carl Frumenti, Project Manager III, spoke about the following: project update; field drainage, and parking lot drainage; field laser grading and turf installation; field turf logos; landscaping and irrigation; work in process- grandstand and bleachers foundation; and proposed concession and restroom building. Mr. Guzman spoke about funding for the different phases, and moving some components around from one phase to another. Commissioner Hay asked who does the approving of the grade field. 9 300 Meeting Minutes City Commission Meeting and Second Budget Hearing Boynton Beach, FL October 3, 2023 Mr. Frumenti spoke about the process that is done for the grading of the field. Commissioner Hay asked what the timeline is for completion. Mr. Guzman said February 2024, and said that they lowered the cost by $250K. Commissioner Hay asked if parking will be part of the first phase. Mr. Frumenti responded yes. Commissioner Hay invited everyone to take a look at this field, because it looks amazing. Andrew Mack, Deputy City Manager, stated that they used a local vendor on this project, and the total expenditure will be kept within the City. Commissioner Cruz thanked staff for maintaining the dollars in the City. Motion: Commissioner Kelley moved to approve Resolution No. R23-139. Commissioner Hay seconded the motion. The motion passed unanimously 8. Public Hearing 6 p.m. or as soon thereafter as the agenda permits. The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. Proposed Ordinance No. 23-021- Second Reading - The abandonment of 30' wide unimproved right-of-way for the Shalimar project. Interim City Attorney Tolces read the ordinance into the record. David Millage, applicant for the project, spoke about the conditions of approval. Shiloh Toler, Engineer I, said that staff recommends approval. Mayor Penserga opened the floor to public comments, there were none so he closed public comments. Motion 10 301 Meeting Minutes City Commission Meeting and Second Budget Hearing Boynton Beach, FL October 3, 2023 Vice Mayor Turkin moved to approve Ordinance No. 23-021. Commissioner Hay seconded the motion. In a roll call vote, the motion passed unanimously. 9. City Manager's Report- None 10. Unfinished Business A. Proposed Resolution No. R23-140- Approval of In House Attorney Employment Letter (Contract) This item was heard after Public Audience. 11. New Business A. Discussion on best practices in regards to regulating tints for paraphernalia shops. Vice Mayor Turkin thanked Interim City Attorney Tolces for getting this discussion together and looking into this. He said that there should be some form of consistency with all of the stores, and recommends creating some ordinance where paraphernalia shops are tinted. He said that we should be mindful of what we are hearing from residents. Interim City Attorney Tolces said that he provided a memo regarding regulating displays, with two possible avenues to go. He explained the two avenues, and said that it is a Commission policy that they have to make. He mentioned that there is a certain amount of visibility that is required, through code for the downtown. He stated that they should look into how many businesses will be impacted. Commissioner Kelley said that she thinks displays would be a better option, instead of looking at black window fronts. Mayor Penserga asked if the tinting or the visibility of the products is the problem. Vice Mayor Turkin stated that the visibility is the concern. Mayor Penserga said that there are different ways to address this concern. Vice Mayor Turkin said that regarding consistency, there are a lot of businesses and some are tinted, some are not. He stated that he would like uniformity across the City. Commissioner Hay stated that the concern is that the businesses were set up to sell 302 Meeting Minutes City Commission Meeting and Second Budget Hearing Boynton Beach, FL October 3, 2023 their products. He suggested that the businesses just have the items out of sight. He asked if we really have a problem or are we creating one. He mentioned that he is against tinting and would like the items out of sight. Vice Mayor Turkin stated that they each represent their constituents, and that his constituents have voiced their concerns, and he would support the other Commissioners with their concerns as well. He said that this is about solving problems. Commissioner Cruz stated that she completely agrees, and says that the Town of Lauderdale by the Sea has regulated this, and that she would support something similar. She said that they definitely should consider what is important to different Commissioners. She mentioned that she wants to support this moving forward, and asked if this would be moving forward. Interim City Attorney Tolces said that is correct. Commissioner Cruz said that we need to move quick on this, and that there was a new legislation regarding businesses that might affect this. Interim City Attorney Tolces spoke about the two new statute that might affect any new laws about this. Commissioner Hay clarified that he is a Commissioner for all of the City, he is just concerned that this is done correctly, but would like to make sure this is addressed. Vice Mayor Turkin said that he does not know the issues in other districts as well as the ones in his district, and that each Commissioner has a better pulse on what is happening in their districts. He commented that this will be complicated, but he would like staff to look at potentially being retroactive with the new rule, so that everyone who is already established has to follow the rules. Commissioner Cruz said that if another municipality was able to do this, we should be okay to be able to regulate the display. Mayor Penserga stated that there is consensus on some sort of policy change that staff will work on. 12. Legal 13. Future Agenda Items 12 303 Meeting Minutes City Commission Meeting and Second Budget Hearing Boynton Beach, FL October 3, 2023 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 B. Report regarding sewer spill into intracoastal waterway. - October 17, 2023 C. Discussion regarding regulations to support local businesses.- November 7, 2023 D. Discussion regarding annexation options and procedures. — December 5, 2023 E. Discussion regarding existing regional programs and best practices to combat homelessness in the City. - March 19, 2024 F. Discussion regarding the Art Assessment Fee. - TBD 14. Adjournment Motion Commissioner Cruz moved to adjourn the meeting. Commissioner Hay seconded the motion. The motion passed unanimously. There being no further business to discuss, the meeting was adjourned at 7:39 P.M. CITY OF BOYNTON BEACH ATTEST: Maylee De Jesus, MPA, MMC City Clerk 13 304 Minutes of the City Commission Meeting Held Online Via the GoToWebinar Platform and In -Person at the City Hall Commission Chambers 100 East Ocean Avenue, Boynton Beach, Florida On Tuesday, October 17, 2023, at 6:00 P.M. Present: Mayor Ty Penserga Vice Mayor Thomas Turkin Commissioner Angela Cruz Commissioner Woodrow L. Hay 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 6:06 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 Hutson. Pledge of Allegiance to the Flag led by Mayor Penserga. The Pledge of Allegiance was led by Mayor Penserga. Agenda Approval: 1. Additions, Deletions, Corrections Mayor Penserga added two parking agreements as Items 6T and 6U, and an addition to the announcement about Pirate Fest. Vice Mayor Turkin requested to have a discussion regarding the March Referendum and converting a part-time Commission position to a full-time position. Commissioner Cruz requested to add infrastructure to the discussion on Item 11A. Mayor Penserga added to Future Agenda Items: Combining City properties together to create senior affordable housing. 2. Adoption 305 Meeting Minutes City Commission Meeting Boynton Beach, FL October 17, 2023 Motion: Commissioner Kelley moved to approve the agenda, as amended. Commissioner Hay seconded the motion. The motion passed unanimously. 2. Other A. Informational items by the Members of the City Commission. Commissioner Cruz stated that she had a conversation about Item 8A many months ago. Vice Mayor Turkin stated that he had no disclosures. He said that the First Friday Concert had an awesome turn out for the Hispanic Heritage Month. He mentioned that he also participated in National Walk to School Day and gave a shout out to the Police Department for being a part of it. Commissioner Hay stated that he had no disclosures. He mentioned that he attended the First Friday for Hispanic Heritage, and he learned how to dance salsa. He said that he attended the Wastewater Pension Board Meeting. He noted that Calim Estime did an outstanding job with a resident in District Two, for going above and beyond while working his community standards job. Commissioner Kelley stated that it has been a great month for events. She acknowledged the Police Department and Boca Raton Police Department for the incident where a child was taken in a stolen vehicle. She disclosed that the met with people from Mint Eco in November 2022. Commissioner Cruz thanked all of the staff that attended the Hispanic Heritage Month. She recognized the employees for Fall Festival too. Mayor Penserga disclosed that he met with the representatives from Mint Eco. 3. Announcements, Community and Special Events and Presentations A. Announcement of the Grand Opening Ceremony for the Dog Park at Jaycee Park. Mayor Penserga announced the event. B. Presentation of NFL Grassroots Grant Funds by Youth Enrichment Association for Academics and Athletics. 306 Meeting Minutes City Commission Meeting Boynton Beach, FL October 17, 2023 Justin Johnson, Marketing and Outreach Manager, stated that there are members present from the Youth Enrichment Association, as well as Beverly Smith and Kim Miller. Michael Bird, President of Youth Enrichment Association, introduced himself and described what their organization is about. He presented a check to the City of Boynton Beach for $100K. Kacy Young, Recreation and Parks Director, stated that they wanted to give an opportunity for the representatives to say a few words about the grant. Kim Miller, on behalf of the Miami Dolphins, joined virtually and said that she is very excited about the grant for the Ezell Hester Center, and that this helps create a community partnership and an opportunity to build players. Mr. Young thanked the different foundations that were a part of this community partnership for the park. C. Announcement of Pirate Fest Mayor Penserga announced the event. Commissioner Hay said that the City is hosting the event this year since the CRA was only permitted to host it once. 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) Susan Oyer thanked the Commissioners for doing the right thing at the CRA. She said that she has sent an email about cemetery maintenance, because weeds are overgrown. She stated that the median on Quantum Blvd. needs to be fixed because it looks terrible. She asked who is taking the taxpayer -funded HSAs on the dais, so she can monitor it. Cindy Falco De Corrado asked where the rest of the money is from the $250K regarding the Hester Center. She spoke about impact fees, and that the money can be used better than what it is being used for right now. She said that she wants to see money for the parks, and where the money is coming from for the Juneteenth event. Ernest Mignoli stated that he is seeking help for his building because it keeps getting worse. 307 Meeting Minutes City Commission Meeting Boynton Beach, FL October 17, 2023 He said that he does not get any answers back from anyone. He spoke about incidents that come up at the Post Office and he keeps getting escorted out by the Police. Addie Jackson asked why Police Officers are not going through Golfview Harbor. She said that she was late on her doctor's appointment on Friday because the trash trucks have to stay in the middle of the road, since cars were parked on both sides of the road. She mentioned that she sees other Police Officers at her other property, but never in Golfview Harbor. She said that the Funfair magazines are not given to Golfview Harbor residents. City Manager Dugger asked her to see the Deputy Chief of Police, to get the Police presence that she needs. 2 hands raised virtually. Steven Grant thanked the City Commission and said that he attended the October 4th Police Event, and he commended the Police. He thanked Utilities for their support with the lights on the water tower, on behalf of Israel, and the Police Department for their donations to the Bill Tome Foundation. Valencia Anderson thanked Mayor Penserga for being a panelist for their Tri City Area Town Hall on October 5th and Tennille DeCoste for representing the City very well. Commissioner Kelley requested to add to Future Agenda: issues with the audio system. There was consensus to add it to Future Agenda. Vice Mayor Turkin addressed the alleyways and abandoning them to give to a homeowner next door. He asked for a map to identify them. Mayor Penserga asked that he speak to the City Manager and have staff handle that. 5. Administrative A. Advisory Board Annual Reappointments and Appointments. - Tabled from April 4, 2023. Mayor Penserga reviewed the vacancies on various Boards. Motion: Commissioner Cruz moved to appoint Shayaan Rahman to the Regular position on the Recreation and Parks Board. Commissioner Hay seconded the motion. The motion passed unanimously. 4 308 Meeting Minutes City Commission Meeting Boynton Beach, FL October 17, 2023 6. Consent Agenda A. Proposed Resolution No. R23-141- FPL Storm Resilience Easements - Various Locations. B. Proposed Resolution No. R23-142- Quantum Lake Villas West Apartment Community (Lot 52) Easement and Maintenance Agreement. C. Proposed Resolution No. R23-143- Administrator of Record for Abandoned, Foreclosed, Vacant Properties. D. Proposed Resolution No. R23-144- Interlocal Agreement for Law Enforcement Services Between Palm Beach County and the City of Boynton Beach - Manatee Protection Conservation Program. E. Proposed Resolution No. R23-145- WXEL Access Easement and Maintenance Agreement. F. Partnership Landscaping, LLC- Blanket Increase. G. ABM- Emergency Confirming Purchase Order. H. Proposed Resolution No. R24-146- Land Use Agreement - 3301 Quantum Parking Lot (2023 Pirate Fest). I. Proposed Resolution No. R23-147- Land Use Agreement - 209 East Ocean Investors, LLC (2023 Boynton Beach Pirate Fest). J. Proposed Resolution No. R23-148- Interlocal Agreement between the City of Boynton Beach and the Boynton Beach Community Redevelopment Agency for the Use of 115 N. Federal Highway, 409 Boynton Beach Blvd, 106 NE 3rd Avenue, and Cottage District site for the 2023 Boynton Beach Pirate Fest event. K. Proposed Resolution No. R23-149- FY 2023 COPS Technology and Equipment Program (Congressionally Directed Spending). L. Proposed Resolution No. R23-150- 2023 Edward Byrne Memorial Justice Assistance Grant Program (JAG) M. Proposed Resolution No. R23-151- BJA FY 23 National Sexual Assault Kit Initiative. 5 309 Meeting Minutes City Commission Meeting Boynton Beach, FL October 17, 2023 N. Proposed Resolution No. R23-153- Conveying City -owned property to the Boynton Beach Community Redevelopment Agency (BBCRA). O. Proposed Resolution No. R23-154- Sale of Vacant Parcel Located at NW 7th Court. P. State Forfeiture Donation - Law Enforcement Trust Fund. Q. Proposed Resolution No. R23-155- Approve and authorize the City Manager (or designee) to apply for the State permit necessary to temporarily close Federal Highway on Saturday, December 2, 2023, for the 52nd Annual Holiday Parade. R. Commission Meeting Minutes. Commissioner Hay pulled Item 6N. Motion: Commissioner Kelley moved to approve the remainders of the consent agenda, as amended. Commissioner Hay seconded the motion. The motion passed unanimously. 6N. Proposed Resolution No. R23-152- Sponsor agreement for the State Housing Initiatives and Partnership (SHIP) Rapid Re -housing Program with Vita Nova, Inc. RJ Ramirez, Community Improvement Manager, stated that this is from the SHIP Program, to help the homeless in the community. He said that a notice was posted, and he recommends giving Vita Nova $200K, to help assist homelessness in Boynton Beach. Commissioner Hay said that he is glad to hear about this. He asked if this is for one year. Mr. Ramirez explained what the grant requires and where the money is allowed to go to. He explained what Vita Nova does to help the homeless individuals in the City of Boynton Beach. Mayor Penserga said that after speaking with the school district, they have over 300 homeless and transient students. 310 Meeting Minutes City Commission Meeting Boynton Beach, FL October 17, 2023 Commissioner Kelley said that she supports this non-profit, and that they are doing great work for the community. She thanked Mr. Ramirez for being able to give this money to the community. Vice Mayor Turkin asked for clarification that this is SHIP funds. Mr. Ramirez explained that these are funds from the state, and what they are for. Vice Mayor Turkin thanked him. Commissioner Cruz thanked Mr. Ramirez and Vita Nova for all they do. She said that this is a great initiative. She stated that she would like for us to think about the seniors in the future, that are on the verge of homelessness. Mr. Ramirez clarified that these funds are for a specific program. He mentioned some grants that he has available for seniors. Motion: Commissioner Hay moved to approve Resolution No. R23-152. Vice Mayor Turkin seconded the motion. The motion passed unanimously. 7. Consent Bids and Purchases over $100,000 A. Approve Purchase Order for the design of Pioneer Canal Park Boat Ramp and Dock Improvements. B. Emergency Vehicle Purchase- Sunbelt Waste Equipment for Solid Waste. C. GovermentJobs.com d/b/a NEOGOV Purchase Order Increase. D. Bid Extensions and Piggy -Back Over $100,000. Commissioner Cruz requested to pull Item 7A. Motion: Vice Mayor Turkin moved to approve the remainder of the Consent Bids and Purchases over $100,000, as amended. Commissioner Kelley seconded the motion. The motion passed unanimously. 7A. Approve Purchase Order for the design of Pioneer Canal Park Boat 7 311 Meeting Minutes City Commission Meeting Boynton Beach, FL October 17, 2023 Ramp and Dock Improvements. Kevin Ramsey stated that the ramp needs replaced, and it is ADA compliant. Commissioner Cruz said a lot of times people don't know that we are doing great things. Commissioner Hay said he is happy to see some action here. Motion: Commissioner Hay moved to approve Item 7A. Commissioner Cruz seconded the motion. The motion passed unanimously. 8. Public Hearing 6 p.m. or as soon thereafter as the agenda permits. The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. Mint Eco Wash Conditional Use (COUS 23-001) and New Major Site Plan (NWSP 23-001). Interim City Attorney Tolces read the item into the record. He swore in anyone that might speak on this item. Jeff Jervis, Co -Founder of Mint Eco, spoke about the following: Mint Eco Car Wash and their history; we are committed to bettering our community- adopt a park; eco -friendly is not just words; and employment opportunities. Josh Nickels spoke about the following: requests; future land use and zoning designation; existing site (abandoned bank); proposed site plan; benefits of redevelopment; conditional use standards; and conclusion. Luis Benscome, Senior Planner, said that staff does not have anything else to add and they recommend approval. Commissioner Cruz said that the Palm Beach Lakes Boulevard location was very clean and nice and welcomes this company. She asked how we currently pay for our car washes. City Manager Dugger explained what our contracts that we currently have. 312 Meeting Minutes City Commission Meeting Boynton Beach, FL October 17, 2023 Commissioner Cruz asked about the average prices. Mr. Jervis explained the prices for the different packages. Commissioner Cruz asked if they would consider senior discounts. Mr. Jervis said that they do Military and Veterans discounts, but could consider it. Commissioner Cruz welcomed a new business into the City with employment opportunity, and said that he would like to see a nice ribbon cutting. Vice Mayor Turkin said that he is fine with staff's recommendation. He stated that he agrees with the senior discount. He asked for Boynton residents to be preferred when filling jobs. He asked about the adopting a park program. Mr. Jervis stated that some municipalities have a program, but they will invest and clean up a specific park close by, within a municipality. He said that they will have a preference for Boynton residents. Vice Mayor Turkin asked if we have an adopt a park program. Interim City Attorney Tolces stated that this is not necessarily a part of this consideration. Commissioner Hay said that he is happy to see these programs and is happy to see the reasonable prices. He asked about the number of jobs this location will have available. Mr. Jervis said payroll out -of -season is 20-25 people and up to 30+ staff in -season. Commissioner Hay said that this program looks good. Commissioner Kelley stated that she is glad that all of the problems have been addressed and fixed. Mayor Penserga opened to public comment. Jackie Long was sworn in. She asked why they need another car wash around the corner from another. She said that they did not hear how much the City is putting towards this. Cindy Longberg was sworn in. She said that the residents are not happy about the car wash and left a petition with the Clerk. 313 Meeting Minutes City Commission Meeting Boynton Beach, FL October 17, 2023 Ernest Mignoli said that there are too many car washes in this area. He stated that he would like to know how there is no pollution, when they are cleaning engines. He mentioned that the public has not been involved, and that he would not pay those prices. He said that these roads have bad flooding problems, and this will make it worse. No virtual comments. Mayor Penserga closed public comment. Mr. Jervis stated that they are not receiving City funding, and they post the chemistry they use and SDS sheet online. Commissioner Kelley asked for an explanation about the enhancing the south buffer. Mr. Jervis explained the buffers, landscaping, and no impact or noise to residents. He explained the wall that was added, and said that they would fix any noise complaints, if that became an issue. Commissioner Kelley asked what the hours will be. Mr. Jervis said the hours will be 7:00 A.M. to 7:00 P.M. during the week, 8:00 A.M. to 6:00 P.M. on Saturdays and 9:00 A.M. to 5:00 P.M. on Sundays. Vice Mayor Turkin said that if there is supply and demand, then why would they not create economic development. He asked when the busy times are. Mr. Jervis explained that the first and last two hours of the day make up for 50% of how busy they are. Motion: Commissioner Hay moved to approve Mint Eco Wash Conditional Use (COUS 23-001) and New Major Site Plan (NWSP 23-001). Commissioner Kelley seconded the motion. The motion passed unanimously. 9. City Manager's Report- None 10. Unfinished Business - None 11. New Business 10 314 Meeting Minutes City Commission Meeting Boynton Beach, FL October 17, 2023 A. Discussion regarding a parks and public safety bond referendum for upcoming March 19, 2024 Election. City Manager Dugger stated that they need direction for the monetary amounts of the bonds. Kacy Young, Parks and Recreation Director, discussed the following regarding the Parks and Public Safety Bond: agenda; introduction; park and proposal; parks bond improvement projects; Pence Park; Congress Middle School Athletic Complex; Meadows Park; and highlighted projects. Matthew Zeller, Deputy Police Chief, spoke about the Boynton Beach Police Department highlighted projects. Hugh Bruder, Fire Chief, spoke about the Fire Station 3 project, and the Boynton Beach Fire Department highlighted projects. Mr. Young spoke about the discussion topics. City Manager Dugger spoke about the bond that they currently have and said that this would be a general obligation bond, and letting the residents vote on it. He further explained what the bond can be used for. Mayor Penserga asked about the process, if it were on the ballot and passed, would the projects still come back to the Commission for approval. Interim City Attorney Tolces explained the process. Commissioner Cruz asked why this presentation was not added when the agenda was published. She said that all relevant items should be added to the agenda before being published. She asked for infrastructure to be included in this discussion, and why it was not thought about when they brought this up. She stated that she does not fully agree with the parks master plan, and that everything in there is accurate and adequate for the City. She commented that there was no survey sent to her or her constituents. She said that we need a bond, but we need to figure out the amount, and that she will push for the lower limits. Vice Mayor Turkin said that this is a complex discussion. He stated that there are a lot of high -ticket items that he is not happy to see on this. He asked if we take into mind the revenue from developer's impact fees. He explained park impact fees from different projects that are coming into the City. He spoke about the substations, annexation, and future growth. He said that he would not support the higher end or staff recommendation. 315 Meeting Minutes City Commission Meeting Boynton Beach, FL October 17, 2023 He mentioned that he does not have a problem with this going to a vote. He commented that there are other revenue generators that we can look at. He spoke about the different options that were proposed. City Manager Dugger stated that the wording can be crafted to include infrastructure. Vice Mayor Turkin said that these big-ticket items seem like they are CIP. There was discussion on: the different projects that are being proposed for the bond; and not being held to the certain projects in the list. Commissioner Hay said that the public will have no problem saying yes or no, and that these bonds usually do not have a good track record. He stated that there has to be good marketing, to show the residents what the benefits are. Mr. Young stated that these are not complete lists, those were only highlighted projects. Commissioner Hay said that he is all for it, but it is going to be an uphill battle to see what the benefits will be. He commented that he would like to go with the staff's recommendation. Commissioner Kelley said that there has to be more conversations with the public moving forward, and it is a huge ask to have the residents consider this. She asked about the life of the parks. Mr. Young said that the different items at the parks last about 10-15 years, as an average. Commissioner Kelley said that we have be realistic about how this can last, and we are not just looking at immediate improvements, and 10 years down the line, the bond money is not paid off yet. She wants to be realistic with the residents on what this could look like. She mentioned that we will be losing the penny surtax soon. She challenged the Fire Chief to better utilize the Fire Assessment Fees for projects, so that the residents know that this is for a specific purpose. She said that they have been promised a new fire station in District 4 and it has not happened. Chief Bruder stated that it has been added to this bond, because it is not easy to obtain $10M, and the Fire Assessment Fee is not enough. He said that grants are great, and they will continue to go after them, but they are not guaranteed. Commissioner Kelley asked if he sees their need changing in the future. 12 316 Meeting Minutes City Commission Meeting Boynton Beach, FL October 17, 2023 Chief Bruder stated that as the City continues to grow, we would be able to increase revenue, by increasing the number of people in the City. He further explained maintaining what we have and making tough decisions. Commissioner Kelley asked about the need of the Police Department in 5-10 years. Deputy Chief Zeller stated that they have to continue to be creative, but the Police Department has to be responsive to calls, and that means maintaining vehicles, and having the infrastructures to be able to be responsive. Commissioner Kelley thanked the City Manager Dugger for allowing the City residents to be involved. She supports moving forward with this, and asked what the public involvement will be. Deputy City Manager Mack spoke about what other cities have done to market the bonds, so that the residents know what these are for. He said that there is a short timeframe due to the deadline that the SOE has. Mayor Penserga said he is hearing mixed sentiments and asked for clarity from each Commissioner. He asked if they want to move forward tonight or table the item and come back with more information. If they want to move forward tonight, he needs to hear from Commissioners at what funding level they are interested in. Commissioner Cruz asked why we need this now, and how we have been able to maintain certain parks. She stated that she would like to support this, but she is concerned with the amount of funding. She said that the parks bond minimum as $50M is ridiculous and does not find that fair. She mentioned that the number has got to come down significantly. She asked why we are not including infrastructure in this. She said that a parks bond is not a need, that infrastructure is. She asked what the process of payment is for bonds. Commissioner Kelley left the dais at 8:45 P.M. Interim City Attorney Tolces explained the process, and said that the burden would fall on property owners, including the landlords of the properties. Commissioner Cruz said that she would like to understand this more. Mayor Penserga stated that he recommends a motion to table this so that all of the information is provided. Commissioner Kelley returned to the dais at 8:48 P.M. 13 317 Meeting Minutes City Commission Meeting Boynton Beach, FL October 17, 2023 Deputy City Manager Mack said that they have a little bit of time for this, and that this need by to be done before December 19. Vice Mayor Turkin said that we should have this kind of passion with all large projects. He explained that the roads are more important. Commissioner Kelley asked for clarity on infrastructure being included in this. Commissioner Hay asked what the timeline is for the consulting firm. Deputy City Manager Mack explained the two different parts of the consulting. Commissioner Hay said that maybe we can get another development to adopt a park and help maintain them. Motion: Vice Chair Turkin moved to table the item until the November 7, 2023, meeting. Commissioner Hay seconded the motion. The motion passed unanimously Commissioner Cruz spoke about approving projects and what they can and cannot approve. She asked if we could advertise the meeting and what it is for. She said that she is requesting a bond specifically for infrastructure and town hall meetings with constituents. Vice Mayor Turkin said that he supports that as well. Interim City Attorney Tolces stated that with any bond, there will be specific projects that will be identified. Commissioner Hay clarified that tabling the item means no more discussion. He said that he would like to move on. B. Conduct annual performance evaluation of the City Manager. Tennille DeCoste, Director of Human Resources and Risk Management, stated that the Commission will be doing an annual evaluation for the City Manager. She mentioned that she needs direction from staff. Commissioner Kelley stated that some of the questions are things that she is not privy too, and she said that she took a chance and has not been disappointed. She commented that he has built a strong executive leadership team. She mentioned that there have been 14 318 Meeting Minutes City Commission Meeting Boynton Beach, FL October 17, 2023 some very positive things from him and looks forward to him getting his education. She commented on this being a learning experience for him, and she looks forward to working with him more. Commissioner Hay said that he was not in favor of his qualifications at the beginning, but he is making progress, and they have a good understanding of him moving forward. He said that he gave City Manager Dugger a score of 3. Vice Mayor Turkin stated that there has been significant improvement in a year, especially with saving millions in the budget. He spoke about the staff being amazing and City Manager Dugger being able to have good relationships with all of the employees. He mentioned that City Manager Dugger will call the residents or have someone contact a resident. He stated that there has been a lot of wins, for the lack of experience that City Manager Dugger came in with. Commissioner Cruz said that she had a two-hour conversation with City Manager Dugger. She spoke about the different things they spoke about and him taking the policy and allowing staff to follow through and get responses back to them as soon as possible. She said that he has done a great job at building a team. She commented that there are always improvements that can be made, and she would like to see more community engagement. Mayor Penserga said that he gives a daily review to City Manager Dugger. He mentioned that between him and his executive team, they have been doing an amazing job. He said that there will always be room to grow. He stated that he demands excellence, and that he looks forward to what the second year would look like. He commented that these evaluation forms are not adequate or appropriate. He said the two items to consider are: do we want to entertain an annual raise and should we compensate him for his Master's MPA program semester costs. Commissioner Kelley said that section 11-7 (Education) is not consistent with other employees. Ms. DeCoste clarified that there is a cap for him, not other people. Commissioner Kelley said that she could support an increase consistent with employees. Ms. DeCoste said general employees just received 5%. Commissioner Hay said that there should be a cap. He said that he supports the 5% increase. 15 319 Meeting Minutes City Commission Meeting Boynton Beach, FL October 17, 2023 Vice Mayor Turkin said that for education he is open to discussion for increasing the cap. He stated that we need to look at what other City Manager's make, and what other cities make. Ms. DeCoste spoke about her research that she has completed from other City Manager's around the county. Vice Mayor Turkin said that he is okay with the increase and the education being paid for. Mayor Penserga said that he is already in the program, and the price won't change significantly. Commissioner Cruz said that she supports the expansion of the education cost for this specific program, and the 5%. Vice Mayor Turkin said that he is okay with the 5% and taking off the cap for the schooling. Commissioner Hay said that he would like to keep it with a cap. Mayor Penserga opened public comment. Ernest Mignoli said that there is always more being requested. There were no virtual comments. Mayor Penserga closed public comment. Motion: Vice Mayor Turkin moved to approve City Manager Daniel Dugger's 5% increase and removing the cap on education costs. Commissioner Hay seconded the motion. Commissioner Hay asked for clarification. Interim City Attorney Tolces said that it is for his current enrolled program. The motion passed unanimously. 12. Legal - None 13. Future Agenda Items 0 320 Meeting Minutes City Commission Meeting Boynton Beach, FL October 17, 2023 A Presentation regarding fleet management, due to the concerns with the auto strike, and the possible reduction in products - November 7, 2023 B Report regarding sewer spill into intracoastal waterway - November 7, 2023 C Presentation by Utilities Department on project to review existing utility infrastructure, development of risk matrix, and prioritization of repairs and/or replacement projects -November 7, 2023 D Discussion regarding regulations to support local businesses. - November 21, 2023 E Provide update on grant funded projects in the Capital Improvement Plan - November 21, 2023 F Adoption of Local Rules of Procedure and Quasi -Judicial Rules pertaining to all official meetings of the City Commission of Boynton Beach - November 21, 2023 G Discussion regarding annexation options and procedures. — December 5, 2023 H Discussion regarding existing regional programs and best practices to combat homelessness in the City. - March 19, 2024 Discussion regarding the Art Assessment Fee. - TBD 15. Adjournment Commissioner Hay mentioned that in the past they have not done a written evaluation every year, and asked if this will be every year, or are we skipping years. Ms. DeCoste said that per his contract, it is every year. Commissioner Kelley asked if she has gotten enough direction to change the form, so we don't wait a year to see the form again. Commissioner Hay asked if they could see the City Manager's comments. Ms. DeCoste said yes, because it is public record. Vice Chair Turkin agrees with shortening the form and thanked Shawna Lamb for showing 17 321 Meeting Minutes City Commission Meeting Boynton Beach, FL October 17, 2023 up. Interim City Attorney Tolces said that tonight is his last meeting, and he thanked the Commission for allowing him to serve. Motion: Vice Mayor Turkin moved to adjourn the meeting. Commissioner Hay seconded the motion. The motion passed unanimously. There being no further business to discuss, the meeting was adjourned at 9:38 P.M. CITY OF BOYNTON BEACH ATTEST: Maylee De Jesus, MPA, MMC City Clerk 18 322 Meeting Date: 11/ 7/2023 Increase the estimated annual expenditure of bid # 029-1412-19/MFD for the Annual Supply of Original Equipment Manufacturer (OEM) Service and Parts for Medium/Large and Heavy -Duty Vehicles and Equipment. Requested Action: Approve an increase to the estimated annual expenditure of bid # 029- 1412-19/MFD for the Annual Supply of Original Equipment Manufacturer (OEM) Service and Parts for Medium/Large and Heavy -Duty Vehicles and Equipment in the amount of $250,000. Increasing the estimated annual expenditure from $350,000 to $600,000. Explanation of Request: On July 16, 2019, City Commission approved Bid # 029-1412- 19/MFD to multiple vendors. These include: Dartco, Expert Diesel, Innovative Equipment, Lou Bachrodt, Nacarato, Nextran, Pat's Pump, Southern Sewer, Sunbelt and The Pete Store. This bid was renewed on May 18, 2021, June 7, 2022, and June 6, 2023. The renewal on June 6, 2023, requested $350,000 for the annual estimated expenditure. This was in anticipation of the transition to Napa for parts so the contract would be utilized for service -related items. Within the last couple of months, there has been a significant increase in the amount of service -related charges. These charges are for major repairs to solid waste trucks, Fire trucks and other large vehicles. These services are essential for the City's large fleet to operate. How will this affect city programs or services? To service the City's Fleet to operate effectively. Attachments: Agenda Item Cover Sheet.pdf Dartco. pdf Expert Diesel.pdf Innovative Equipment Services 2 LLC .pdf Nacarato.pdf Nextran.pdf Pat's Pump.pdf SBL Freightliner.pdf Southern Sewer.pdf Sunbelt.pdf 323 The Pete Store.pdf 324 7.A. CONSENT BIDS AND PURCHASES OVER $100,000- None 7/16/2019 i CITY OF BOYNTON BEACH AGENDAITEM REQUEST FORM COMMISSION MEETING DATE: 7/16/2019 REQUESTED ACTION BY COMMISSION: Approve the Bid for "ANNUAL SUPPLY OF ORIGI NAL EQUI PMENT MANUFACTURER (OEM) SERVICE AND PARTS FOR MEDIUM/LARGE AND HEAVY DUTY VEHICLES AND EQUIPMENT" Bid # 029-1412-19/MFD to the following ten (10) companies: Palm Truck, SBL Freightliner, Nextran, Trekker Tractor, Sunbelt, Pat's Pump, Dartco, Expert Diesel, General GMC and Southern Sewer on a lot by lot basis, to the lowest, most responsive, responsible bidders who met all specifications with an estimated annual expenditure of $500,000. EXPLANATION OF REQUEST: Contract Term: September 4, 2019 thru September 3, 2021 On June 18, 2019, Procurement Services opened and tabulated ten (10) bids for Service/Parts for Large Trucks. All bids were reviewed by the Manager of Materials and Distribution. It was determined to recommend award by a lot to lot basis to the ten (10) companies. The award is based on percentage discount and service cost per hour. The award is as follows: LOT#1 Palm Truck OEM Part Discount 16% Service Cost per Hour $115.00 LOT#2 SBL Freightliner OEM Part Discount OEM Part Discount 20% Service Cost per Hour $145.00 LOT#3 OEM Part Discount N extran OEM Part Discount 20% Service Cost per Hour $142.00 LOT#4 NO BID LOT#5 SBL Freightliner OEM Part Discount 20% Service Cost per Hour $145.00 LOT#6 Trekker Tractor OEM Part Discount OEM Part Discount 15% Service Cost per Hour $150.00 LOT#7 OEM Part Discount Sunbelt OEM Part Discount 20% Service Cost per Hour $125.00 LOT#8 Pat's Pump OEM Part Discount 10% Service Cost per Hour $80.00 LOT#9 NO BID LOT# 10 Pat's Pump OEM Part Discount 0% Service Cost per Hour $80.00 LOT# 11 SBL Freightliner (Primary) OEM Part Discount 20% Service Cost per Hour $145.00 Dartco (Secondary) OEM Part Discount 28% 325 Service Cost per Hour $135.00 LOT# 12 Expert Diesel (Primary) OEM Part Discount 40% Service Cost per Hour $225.22 General GMC (Secondary) OEM Part Discount 30% Service Cost per Hour $286.75 LOT# 13 Pat's Pump OEM Part Discount 0% Service Cost per Hour $80.00 LOT# 14 NO BID LOT# 15 Southern Sewer OEM Part Discount 0% Service Cost per Hour $120.00 Note' For LOT# 11, it is recommended to go to SBL Freightliner for repair and Dartco for parts. Dartco does not have a facility located in Florida for repairs. They are able to ship parts to our location. The City currently has a bid in place that will expire 9-3-19. This bid will take effect after the current one expires. The bid will be for two (2) years and will allow for three (3) additional one (1) year extensions at the same terms, conditions and prices subject to vendor acceptance, satisfactory performance and determination that the renewal is in the best interest of the City. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The purpose of this bid is to secure a source of supply for the purchase of service/parts for large trucks and heavy duty equipment. All orders are on an "AS NEEDED BASIS" and with high usage items being stocked within the City's Warehouse. FISCAL IMPACT: Budgeted Funds are budgeted and available for account number 502-0000-141-0100 FY 16/17 expenditures were $127,391 FY 17/18 expenditures were $205,164 FY 18/19 expenditures to date are $399,913.56 ALTERNATIVES: Obtain quotes on an "as needed" basis which would not be cost effective. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type D Addendum Description lf<ak: daftiion Sheet 326 The City of Boynton Beach June 28, 2023 PROCURAL MAIN71 SEI: VICKS 3301 0 [L 1 N77W HE VT) SUITE 101 P.O. BO -V31 0 BOYIVECkVBEACH IMORIDA 33425-0310 'M'ELEl'IIONKNO: (561) 742-6310 PlI is (561) 742-6316 Dartco Transmission Sales 3601 N. Graham Street Charlotte, NC. 28206 BID NAME: "ANNUAL SUPPLY OF ORIGINAL EQUIPMENT MANUFACTURER (OEM) SERVICE AND PARTS FOR MEDIUM/LARGE AND HEAVY-DUTY VEHICLES AND EQUIPMENT" BID # 029-1412-19/MFD EXTENSION PERIOD: SEPTEMBER 4, 2023 thru SEPTEMBER 3, 2024 To whom it may concern: At the Commission meeting held on June 6, 2023, the bid for "ANNUAL SUPPLY OF ORIGINAL EQUIPMENT MANUFACTURER (OEM) SERVICE AND PARTS FOR MEDIUM/LARGE AND HEAVY- DUTY VEHICLES AND EQUIPMENT" was approved for an additional year with the same terms, conditions and prices. Thank you for extending this Bid and we look forward to working with your company for an additional year. If you have any questions or concerns, please contact Michael Dauta, Manager of Materials and Distribution, at dautam@bbfl.us. Sincerely, Mara Frederiksen Director of Financial Services AJIRRICA'S GATE tiVAYTO THE 327 The City of Boynton Beach June 28, 2023 PROCUI: K_IMAIN7' SEI: VICKS 3301 01L1_V77 W HE VT) SUITE 101 P.O. BO -V31 0 BOYIVECkVBEACH IMORIDA 33425-0310 'M'ELEl'IIONKNO: (561) 742-6310 PlI is (561) 742-6316 KVP dba Expert Diesel 4700 Oakes Rd Suite G FT. Lauderdale, FL. 33314 BID NAME: "ANNUAL SUPPLY OF ORIGINAL EQUIPMENT MANUFACTURER (OEM) SERVICE AND PARTS FOR MEDIUM/LARGE AND HEAVY-DUTY VEHICLES AND EQUIPMENT" BID # 029-1412-19/MFD EXTENSION PERIOD: SEPTEMBER 4, 2023 thru SEPTEMBER 3, 2024 To whom it may concern: At the Commission meeting held on June 6, 2023, the bid for "ANNUAL SUPPLY OF ORIGINAL EQUIPMENT MANUFACTURER (OEM) SERVICE AND PARTS FOR MEDIUM/LARGE AND HEAVY- DUTY VEHICLES AND EQUIPMENT" was approved for an additional year with the same terms, conditions and prices. Thank you for extending this Bid and we look forward to working with your company for an additional year. If you have any questions or concerns, please contact Michael Dauta, Manager of Materials and Distribution, at dautam@bbfl.us. Sincerely, Mara Frederiksen Director of Financial Services AJIRRICA'S GATE tiVAYTO THE 328 The City of Boynton Beach June 28, 2023 PROCURAL MAIN71 SEI: VICKS 3301 0 [L 1 N77W HE VT) SUITE 101 P.O. BO -V31 0 BOYIVECkVBEACH IMORIDA 33425-0310 'M'ELEl'IIONKNO: (561) 742-6310 PlI is (561) 742-6316 Innovative Equipment Services 2 LLC 12601 W. Okeechobee Road Hialeah Gardens, FL. 33018 BID NAME: "ANNUAL SUPPLY OF ORIGINAL EQUIPMENT MANUFACTURER (OEM) SERVICE AND PARTS FOR MEDIUM/LARGE AND HEAVY-DUTY VEHICLES AND EQUIPMENT" BID # 029-1412-19/MFD EXTENSION PERIOD: SEPTEMBER 4, 2023 thru SEPTEMBER 3, 2024 To whom it may concern: At the Commission meeting held on June 6, 2023, the bid for "ANNUAL SUPPLY OF ORIGINAL EQUIPMENT MANUFACTURER (OEM) SERVICE AND PARTS FOR MEDIUM/LARGE AND HEAVY- DUTY VEHICLES AND EQUIPMENT" was approved for an additional year with the same terms, conditions and prices. Thank you for extending this Bid and we look forward to working with your company for an additional year. If you have any questions or concerns, please contact Michael Dauta, Manager of Materials and Distribution, at dautam@bbfl.us. Sincerely, Mara Frederiksen Director of Financial Services AJIRRICA'S GATE tiVAYTO THE 329 The City of Boynton Beach June 28, 2023 PROCURAL MAIN71 SEI: VICKS 3301 0 [L 1 N77W HE VT) SUITE 101 P.O. BO -V31 0 BOYIVECkVBEACH IMORIDA 33425-0310 'M'ELEl'IIONKNO: (561) 742-6310 PlI is (561) 742-6316 Nacarato Truck Centers As successor -in -interest to General GMC Truck Sales 360 South Military Trail West Palm Beach, FL. 33415 BID NAME: "ANNUAL SUPPLY OF ORIGINAL EQUIPMENT MANUFACTURER (OEM) SERVICE AND PARTS FOR MEDIUM/LARGE AND HEAVY-DUTY VEHICLES AND EQUIPMENT" BID # 029-1412-19/MFD EXTENSION PERIOD: SEPTEMBER 4, 2023 thru SEPTEMBER 3, 2024 To whom it may concern: At the Commission meeting held on June 6, 2023, the bid for "ANNUAL SUPPLY OF ORIGINAL EQUIPMENT MANUFACTURER (OEM) SERVICE AND PARTS FOR MEDIUM/LARGE AND HEAVY- DUTY VEHICLES AND EQUIPMENT" was approved for an additional year with the same terms, conditions and prices. Thank you for extending this Bid and we look forward to working with your company for an additional year. If you have any questions or concerns, please contact Michael Dauta, Manager of Materials and Distribution, at dautam@bbfl.us. Sincerely, Mara Frederiksen Director of Financial Services AJIRRICA'S GATE tiVAYTO THE 330 The City of Boynton Beach June 28, 2023 PROCUI: K_IMAIN7' SEI: VICKS 3301 01L1_V77 W HE VT) SUITE 101 P.O. BO -V31 0 BOYIVECkVBEACH IMORIDA 33425-0310 'M'ELEl'IIONKNO: (561) 742-6310 PlI is (561) 742-6316 Nextran Truck Centers 7151 Industrial Drive South Riviera Beach, FL. 33404 BID NAME: "ANNUAL SUPPLY OF ORIGINAL EQUIPMENT MANUFACTURER (OEM) SERVICE AND PARTS FOR MEDIUM/LARGE AND HEAVY-DUTY VEHICLES AND EQUIPMENT" BID # 029-1412-19/MFD EXTENSION PERIOD: SEPTEMBER 4, 2023 thru SEPTEMBER 3, 2024 To whom it may concern: At the Commission meeting held on June 6, 2023, the bid for "ANNUAL SUPPLY OF ORIGINAL EQUIPMENT MANUFACTURER (OEM) SERVICE AND PARTS FOR MEDIUM/LARGE AND HEAVY- DUTY VEHICLES AND EQUIPMENT" was approved for an additional year with the same terms, conditions and prices. Thank you for extending this Bid and we look forward to working with your company for an additional year. If you have any questions or concerns, please contact Michael Dauta, Manager of Materials and Distribution, at dautam@bbfl.us. Sincerely, Mara Frederiksen Director of Financial Services AJIRRICA'S GATE tiVAYTO THE 331 The City of Boynton Beach June 28, 2023 PROCURAL MAIN71 SEI: VICKS 3301 0 [L 1 N77W HE VT) SUITE 101 P.O. BO -V31 0 BOYIVECkVBEACH IMORIDA 33425-0310 'M'ELEl'IIONKNO: (561) 742-6310 PlI is (561) 742-6316 Pat's Pump & Blower 2141 West Church Street Orlando, FL. 32805 BID NAME: "ANNUAL SUPPLY OF ORIGINAL EQUIPMENT MANUFACTURER (OEM) SERVICE AND PARTS FOR MEDIUM/LARGE AND HEAVY-DUTY VEHICLES AND EQUIPMENT" BID # 029-1412-19/MFD EXTENSION PERIOD: SEPTEMBER 4, 2023 thru SEPTEMBER 3, 2024 To whom it may concern: At the Commission meeting held on June 6, 2023, the bid for "ANNUAL SUPPLY OF ORIGINAL EQUIPMENT MANUFACTURER (OEM) SERVICE AND PARTS FOR MEDIUM/LARGE AND HEAVY- DUTY VEHICLES AND EQUIPMENT" was approved for an additional year with the same terms, conditions and prices. Thank you for extending this Bid and we look forward to working with your company for an additional year. If you have any questions or concerns, please contact Michael Dauta, Manager of Materials and Distribution, at dautam@bbfl.us. Sincerely, Mara Frederiksen Director of Financial Services AJIRRICA'S GATE tiVAYTO THE 332 The City of Boynton Beach June 28, 2023 PROCURAL MAIN71 SEI: VICKS 3301 0 [L 1 N77W HE VT) SUITE 101 P.O. BO -V31 0 BOYIVECkVBEACH IMORIDA 33425-0310 'M'ELEl'IIONKNO: (561) 742-6310 PlI is (561) 742-6316 SBL Freightliner 2840 Center Port Circle Pompano Beach, FL. 33064 BID NAME: "ANNUAL SUPPLY OF ORIGINAL EQUIPMENT MANUFACTURER (OEM) SERVICE AND PARTS FOR MEDIUM/LARGE AND HEAVY-DUTY VEHICLES AND EQUIPMENT" BID # 029-1412-19/MFD EXTENSION PERIOD: SEPTEMBER 4, 2023 thru SEPTEMBER 3, 2024 To whom it may concern: At the Commission meeting held on June 6, 2023, the bid for "ANNUAL SUPPLY OF ORIGINAL EQUIPMENT MANUFACTURER (OEM) SERVICE AND PARTS FOR MEDIUM/LARGE AND HEAVY- DUTY VEHICLES AND EQUIPMENT" was approved for an additional year with the same terms, conditions and prices. Thank you for extending this Bid and we look forward to working with your company for an additional year. If you have any questions or concerns, please contact Michael Dauta, Manager of Materials and Distribution, at dautam@bbfl.us. Sincerely, Mara Frederiksen Director of Financial Services AJIRRICA'S GATE tiVAYTO THE 333 The City of Boynton Beach June 28, 2023 PROCUI: K_IMAIN7' SEI: VICKS 3301 01L1_V77 W HE VT) SUITE 101 P.O. BO -V31 0 BOYIVECkVBEACH IMORIDA 33425-0310 'M'ELEl'IIONKNO: (561) 742-6310 PlI is (561) 742-6316 SSSS dba Southern Sewer 3409 Industrial 27" Street Fort Pierce, FL. 34946 BID NAME: "ANNUAL SUPPLY OF ORIGINAL EQUIPMENT MANUFACTURER (OEM) SERVICE AND PARTS FOR MEDIUM/LARGE AND HEAVY-DUTY VEHICLES AND EQUIPMENT" BID # 029-1412-19/MFD EXTENSION PERIOD: SEPTEMBER 4, 2023 thru SEPTEMBER 3, 2024 To whom it may concern: At the Commission meeting held on June 6, 2023, the bid for "ANNUAL SUPPLY OF ORIGINAL EQUIPMENT MANUFACTURER (OEM) SERVICE AND PARTS FOR MEDIUM/LARGE AND HEAVY- DUTY VEHICLES AND EQUIPMENT" was approved for an additional year with the same terms, conditions and prices. Thank you for extending this Bid and we look forward to working with your company for an additional year. If you have any questions or concerns, please contact Michael Dauta, Manager of Materials and Distribution, at dautam@bbfl.us. Sincerely, Mara Frederiksen Director of Financial Services AJIRRICA'S GATE tiVAYTO THE 334 The City of Boynton Beach June 28, 2023 PROCURAL MAIN71 SEI: VICKS 3301 0 [L 1 N77W HE VT) SUITE 101 P.O. BO -V31 0 BOYIVECkVBEACH IMORIDA 33425-0310 'M'ELEl'IIONKNO: (561) 742-6310 PlI is (561) 742-6316 Sun Belt Hydraulics 2201 NW 22nl Street Pompano Beach, FL. 33069 BID NAME: "ANNUAL SUPPLY OF ORIGINAL EQUIPMENT MANUFACTURER (OEM) SERVICE AND PARTS FOR MEDIUM/LARGE AND HEAVY-DUTY VEHICLES AND EQUIPMENT" BID # 029-1412-19/MFD EXTENSION PERIOD: SEPTEMBER 4, 2023 thru SEPTEMBER 3, 2024 To whom it may concern: At the Commission meeting held on June 6, 2023, the bid for "ANNUAL SUPPLY OF ORIGINAL EQUIPMENT MANUFACTURER (OEM) SERVICE AND PARTS FOR MEDIUM/LARGE AND HEAVY- DUTY VEHICLES AND EQUIPMENT" was approved for an additional year with the same terms, conditions and prices. Thank you for extending this Bid and we look forward to working with your company for an additional year. If you have any questions or concerns, please contact Michael Dauta, Manager of Materials and Distribution, at dautam@bbfl.us. Sincerely, Mara Frederiksen Director of Financial Services AJIRRICA'S GATE tiVAYTO THE 335 The City of Boynton Beach June 28, 2023 PROCUI: K_IMAIN7' SEI: VICKS 3301 01L1_V77 W HE VT) SUITE 101 P.O. BO -V31 0 BOYIVECkVBEACH IMORIDA 33425-0310 'M'ELEl'IIONKNO: (561) 742-6310 PlI is (561) 742-6316 The Pete Store 2441 S. State Road 7 Ft. Lauderdale, FL. 33317 BID NAME: "ANNUAL SUPPLY OF ORIGINAL EQUIPMENT MANUFACTURER (OEM) SERVICE AND PARTS FOR MEDIUM/LARGE AND HEAVY-DUTY VEHICLES AND EQUIPMENT" BID # 029-1412-19/MFD EXTENSION PERIOD: SEPTEMBER 4, 2023 thru SEPTEMBER 3, 2024 To whom it may concern: At the Commission meeting held on June 6, 2023, the bid for "ANNUAL SUPPLY OF ORIGINAL EQUIPMENT MANUFACTURER (OEM) SERVICE AND PARTS FOR MEDIUM/LARGE AND HEAVY- DUTY VEHICLES AND EQUIPMENT" was approved for an additional year with the same terms, conditions and prices. Thank you for extending this Bid and we look forward to working with your company for an additional year. If you have any questions or concerns, please contact Michael Dauta, Manager of Materials and Distribution, at dautam@bbfl.us. Sincerely, Mara Frederiksen Director of Financial Services AJIRRICA'S GATE tiVAYTO THE 336 7.13 Consent Bids and Purchases over $100,000 11/7/2023 City of Boynton Beach Agenda Item Request Form Meeting Date: 11/ 7/2023 East Coast Mulch- Annual Expenditure. Requested Action: Approve an annual expenditure for East Coast Mulch in the amount of $150,000 for parks, playgrounds, medians, and various City buildings/facilities utilizing the Southeast Governmental Purchasing Cooperative Group contract award #E-28-23 for the period of the contract, which expires on September 25, 2024. The City of Boynton Beach is a participating cooperative group agency. Explanation of Request: The Public Works Department is requesting an annual expenditure in the amount of $150,000 with vendor East Coast Mulch for parks, medians, playgrounds, and various City buildings/facilities where mulch is needed, utilizing the Southeast Governmental Purchasing Cooperative Group, lead agency is City of Pompano Beach Contract E-28-23. The City of Boynton Beach participates in the SE Florida Governmental Purchasing Cooperative Group to secure goods and services at competitive pricing due to the quantities required for multiple municipalities. In addition the cooperative purchasing allows all of the participating Cities to seek economies of scale. The City will assign East Coast Mulch to blow in mulch at the City parks, playgrounds, and various City buildings/facilities. The playgrounds must have ADA mulch in order to be compliant and uphold safety standards. The City parks will be mulched to maintain weed control and enhance aesthetics. How will this affect city programs or services? This will assist in enhancing the City's aesthetics and the City's preventative maintenance programs in regards to mulching and playground surfacing. Fiscal Impact: This has been budgeted within the Parks and Grounds Division. Attachments: Southeast Florida Governmental Contract E-28-23 - Exp 09-25-24.pdf 337 338 Southeast Florida Governmental Purchasing Cooperative Group CONTRACT AWARD Please complete each of the applicable boxes and submit with bid documents, award notices and tabulations to Ipii.ripd)rrLyl�acas for placement on the NIGP SEFL website Cooperative contract page. PAGE 1 OF 2 BID/RFP No. E-28-23 Description/Title: Mulch Initial Contract Term: Start Date: 09/26/2023 End Date: 09/25/2024 Renewal Terms of the Contract: 4 Renewal Options for 1 -year (No. of Renewals) (Period of Time) Renewal No. Start Date: End Date: Renewal No. Start Date: End Date: Renewal No. Start Date: End Date: Renewal No. Start Date: End Date: SECTION #1 VENDOR AWARD Vendor Name: Advanced Mulch, Inc. [Item (Broward, Miami -Dade, & Palm Beach: K)] Vendor Address: PO Box 32943, Palm Beach Gardens, FL 33420 Contact: Dawn Corrado, Office Manager Phone: 877-256-9685 Fax: 561-733-4115 Cell/Pager: 561-722-1880 Email Address: info@advancedmulch.com Website: www•advancedmulch.com FEIN: 65-0916255 VENDOR AWARD Vendor Name: Eastcoast Mulch [Items (Broward: A, B, J, L, M, N) (Miami -Dade: D, K, M) ] Vendor Address: PO Box 1352, Jupiter, FL 33468 - [(Items (Palm Beach.: A, B, D, J, L, M, N Contact: George Henry, Director of OperationsNice President Phone: Cell/Pager: Website: 561-627-5539 561-262-0075 www.eastcoastmulch.com Fax: 561-972-7637 Email Address: rcmr@comcast.net FEIN: 65-0876231 339 PAGE 2OF2 VENDOR AWARD Vendor Name: FWR, LLC [Items (Broward: C, E, F, G) (Miami -Dade: A, B, C, E, F, G)] Vendor Address: 9651 NW 89 Avenue, Medley, FL 33178 - [(Items (Palm Beach.: C, E, F)] Contact: Harvey Schneider, Manager, Gene Advincula, Sales Representative Phone: 305-805-0033 Fax: 305-805-0034 Cell/Pager: 786-512-0860 Email Address: harveyfloridawood@gmail.con Website: geneadvincula13@gmail.com FEIN: 48-1263292 VENDOR AWARD Vendor Name: IAMWHOIAM, LLC [Items (Broward: H, 1) Vendor Address: 425 SE 1 st Street, # 1001, Pompano Beach, FL 33060 Contact: Danielle Rhoden, President, Corey Williams, Contact Phone: 305-527-9776 Fax: Cell/Pager: 305-527-9776 Email Address: iamwhoiamcompany@gmail.c Website: FEIN: 87-71728889 SECTION #2 AWARD/BACKGROUND INFORMATION Award Date: 09/26/2023 Resolution/Agenda Item No.: 09/26/2023 #2 Insurance Required: Yes X No Performance Bond Required: Yes No X SECTION #3 Agency Name: Agency Address: Agency Contact: Telephone: LEAD AGENCY City of Pompano Beach 1190 NE 3rd Avenue, Bldg. C, Pompano Beach, FL. 33060 Jeff English 954-786-4098 Email purchasing@copbfl.com Fax: 954-786-4168 340 100 West Atlantic Blvd. City of Pompano Beach Pompano Beach, FL 33060 ppp,�,,,�ll � ari I di Florida's Warmest Welcome Legislation Details (With Text) File #: 23-750 Version: 1 Name: Type: Approval Request / Consent Status: Passed Agenda File created: 9/12/2023 In control: City Commission On agenda: 9/26/2023 Final action: 9/26/2023 Title: Approval to award Invitation to Bid E-28-23, Mulch, to the lowest responsive and responsible bidders, Advanced Mulch, Inc., (Item K), and East Coast Mulch, (Items A, B, L, and M), for annual open-end contracts. The estimated annual cost to the City of Pompano Beach for mulch is $130,000.00. (Fiscal Impact: $130,000.00.) Sponsors: Indexes: Code sections: Attachments: 1. Purchasing Memo 23-035.pdf, 2. Public Works Memorandum No. 23-024.pdf, 3. Bid Award Recommendation (Advanced Mulch, Inc.).pdf, 4. Bid Award Recommendation (East Coast Mulch).pdf, 5. E-28-23 Tabulation.pdf, 6. E-28-23 Mulch - Cooperative Bid.pdf Date Ver. Action By Action Result 9/26/2023 1 City Commission Approval to award Invitation to Bid E-28-23, Mulch, to the lowest responsive and responsible bidders, Advanced Mulch, Inc., (Item K), and East Coast Mulch, (Items A, B, L, and M), for annual open-end contracts. The estimated annual cost to the City of Pompano Beach for mulch is $130,000.00. (Fiscal Impact: $130,000.00.) (Staff Contact: Robert McCaughan) Summary Explanation/Background: The City of Pompano Beach (City) issued Invitation to Bid (ITB) E-28-23 to establish annual open-end contracts for the purchase of mulch products for grounds maintenance to be ordered as needed. Products included in the ITB are mulch made of recycled wood dyed brown and red, and engineered wood fiber, delivered or installed. The City of Pompano Beach issued this ITB as the lead agency for the South Florida Governmental Purchasing Cooperative, on behalf of the City and (20) twenty other governmental agencies. Primary bid award is recommended to the lowest responsive and responsible bidder per item as previously described. Alternate bid awards are recommended to the remaining responsive bidders and are to be used should the material be unavailable from the primary awardees. All awards are at the unit prices bid per item. Based upon the prices bid, and the City's portion of the estimated contract usage, annual expenditures for mulch products could total $130,000.00. The contract period is one year, commencing upon award by the Commission, with possible contract renewals as stated in the ITB specifications. City Commission approval is requested. Origin of request for this action: Staff Fiscal impact and source of funding: $130,000.00 in as -needed mulch purchases will be made from funds in account 001-3040-530.46-10 Repair and Maintenance / Land Building Improvements. City of Pompano Beach Page 1 of 2 Printed on 9/28/202: 341 File #: 23-750, Version: 1 City of Pompano Beach Page 2 of 2 Printed on 9/28/202: 342 pnwori d 1--)/ 1 �,,„u *qr, MEMORANDUM Purchasing #23-035 September 14, 2023 To: Gregory P. Harrison, City Manager Through: Carla R. Byrd, General Services Director From: Jeffrey English, Purchasing Agent Subject: Award E-28-23 Mulch Cooperative Invitation to Bid Contract Need/Backaround The City of Pompano Beach (City) issued Invitation to Bid (ITB) E-28-23 to establish contracts for the purchase of mulch products, to be ordered as needed. Products included in the ITB are mulch made of recycled wood dyed brown and red, and engineered wood fiber, delivered or installed. The City issued this ITB as the lead agency for the South Florida Governmental Purchasing Cooperative (Cooperative), on behalf of the City and twenty (20) other governmental agencies. Primary bid award is recommended to the lowest responsive and responsible bidder per item in a geographical group. The three geographic groups are Broward, Miami -Dade, and Palm Beach Counties. The estimated quantities stated in the solicitation include anticipated requirements from all of the participating agencies, including the City. The City's Public Works Department requires mulch on an ongoing basis for use in landscaping throughout the City. The City's Public Works Department recommends the primary contract be awarded to East Coast Mulch Corp., the lowest responsive and responsible bidder for items A, B, L, and M and to Advanced Mulch, Inc., the lowest responsive and responsible bidder for item K. Alternate bid awards are recommended to the remaining responsive bidders and are to be used should the material be unavailable from the primary awardees. All awards are at the unit prices bid per item in its geographical group. It is anticipated that most orders will be placed with the primary contractor for each item to achieve the lowest cost to the City and Cooperative. Attached you will find copies of the memorandum and the bid award recommendation form submitted by the Public Works Department, the bid tabulation, and solicitation document. Bidders List The Bidders List was created by using companies suggested by the requesting department, companies that have responded to prior solicitations, companies that have requested their names be placed on the Bid List, and companies from appropriate listings in other source books. Number of companies responding with complete bids.............................................4 Advertising The ITB was advertised in the Sun Sentinel, and notices were sent to bid notice agencies throughout the nation. The ITB was also posted in the City's eBid system for download by interested companies. 343 Purchasing # 23-035 Page 2 September 14, 2023 Fundin Based upon the unit prices bid, and the City's estimated usage, the City's annual expenditures for mulch products could total $130,000.00. City purchases will be made, as needed, from budgeted funds in account, 001-3060-530.46-10, Repair & Maintenance 1 Land Building Improvements. Award Recommendation It is recommended that a contract be awarded to the low bidder per item as the primary contractor as follows: East Coast Mulch Corp., (Items A, B, L, and M), and Advanced Mulch, Inc. Alternate awards are recommended to the second low bidders, as outlined on the bid tabulation to be used if the primary contractor is unable to supply the product. enclosures cc: File Southeast Florida Governmental Purchasing Cooperative 344 p mpano eAbeach Florida's Warmest Welcome Phone: (954) 786-4107 City of Pompano Beach Fax: (954) 7884011 Public Works Department MEMORANDUM NO. 23-024 DATE: September 14, 2023 TO: Carla Byrd, General Services Director FROM: Anthony Orlando: Grounds Operations Manager - Subject: Award Bid: ITB E-28-23 Mulch- bulk, bagged On September 14"' 2023, the City opened and received bids for the Mulch Cooperative Bid E-28-23. Primary bid award recommended to the low bidders per item and alternate bid awards to the remaining responsive bidders per item. The ground maintenance Division utilizes over 5000 cubic yards of landscape mulch totaling approximately 130,000 dollars annually to control weeds along our highway median flowerbeds and throughout the City. By reducing lawn maintenance crew's time pulling weeds, continued usage of mulch will greatly increase the Grounds Maintenance Division's productivity. The mulch will be funded from account number 001-3040-530-4610 Repairs & Maintenance / Lands, Buildings, & improvements. Please have the bid award recommendation for this project placed on the agenda at the next available commission meeting. CC: Rob McCaughan, Director Public Works Harold Beard, Assistant Director Public Works Marlason Permenter Grounds Maintenance Supervisor 345 REQUEST FOR BID/QUOTE AWARD RECOMMENDATION FORM 1arorn: Purchasing Division Public Works Date 9/1412023 Department: 3040 Grounds At(n.: Sub . ect: Bid /Quote No. E-28-23 Item/service: Mulch Bid/ Item A, B, L, and M J Attached is the Bid/Quote'YahLdatiOn for subject item/service reqUiSitiOuCd by your department. Please complete this form in order Purchasing may complete the bid award. Your response should be typed. Please return this Form to the Purchasing Division within three weeks of receipt. lfre.jecting a low bidder you 111LISt explain your reason below, or in an attached memorandum. 2. SOURCA"OF FUNDS: BudgetedCode: 001-3040-530.46-10 Requisition 11: Title: _Repair Maintenance/hand ffilildin� Improvemens RFICOMMENDATION: (a) Which bidder do you recommend? East Coast Mulch (b) Is the recommended bid the lowest bid received? Yes No 11 Note: If YOU recommend award to other than the low bidder detailed justification must be furnished for rejection of all lower bids, in an accompanying memorandum. (c) It'references were required, were they checked'? Yes -7 No fi Not applicable for this bid., Imetor (Department Head or Authorized Representative) Date: 9/14/2023 GAPURCHASETORNISDOC RM 08/08 346 REQUEST Ilf(M BID/QIJOTE AWARD RECOMMENDATION FORM From: Purchasing Division Public Works Date 9/14/2023 Department: 3040 Grounds Attn.: Subject; Bid /Quote No. E-28-23 Item/service, Mulch Bid/ Item K Attached is the Bid/[quote Tabulation for subject i1cm/service requisitioned by your departmerit. Please complete this form in order Purchasing may complete the bid award. Your response should be typed. Please return this Conn to the Purchasing Division within three weeks of'receipt. Ifre.jecting a low bidder YOU 111LIst explain your reason below, or in an attached rnetnorandom. SOURCE OF FUNDS: Budgeted Code: 001-3040-530.46-10 Requisition fi: Title: Re airs Maintenance/Land Buildinxs I nitnovem c tits 2. RECOMMENDATION: (a) Which bidder do you recommend? Advanced Mulch [tic. (b) Is the recommended bid (lie lowest bid received? 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Sealed bids for Invitation to Bid (ITB) E- 28-23, Mulch will be received until 2:00:00 p.m. (local), September 14, 2023. This is a cooperative ITB issued by the City of Pompano Beach Purchasing Division on behalf of the participating Southeast Florida Governmental Purchasing Cooperative (Cooperative) agencies for the purchase of each agency's respective estimated annual requirements for mulch products. Bids must be submitted electronically through the eBid System on or before the due date and time as provided herein. A list of Bidders will be read aloud in a public forum. Bid openings are open to the public. Check the City's meetings page at http ://poll-panobeachP,, ctv/pages/ineetings. All Bidders and/or their representatives are invited to be present. Any bid received after the due date and time specified will not be considered. Any uncertainty regarding the time a bid is received will be resolved against the Bidder. Bidders must be registered on the City's eBid System in order to view the bid documents and respond to this ITB. The ITB documents can be downloaded for free from the eBid System as a pdf at: h.q. . The City is not responsible for the accuracy or completeness of any documentation the Bidder receives from any source other than from the eBid System. Bidder is solely responsible for downloading all required documents. Once opened, the bids will be tabulated, evaluated, and presented to the appropriate City officials for Contract award. There are three (3) sections in this Invitation for Bids: Specifications/Special Conditions, General Conditions, and Line Item Pricing. Please read all sections thoroughly. Complete the ITB in accordance with the instructions. Failure to do so may result in the rejection of your bid. If you need any additional information regarding this ITB, please contact Jeff English, Purchasing Agent, at (954) 786-4098. Page 1 of 29 354 SECTION I - SPECIFICATIONS/SPECIAL CONDITIONS A. Intent The intent of this Invitation for Bids is to establish annual, open-end Contracts for the purchase of mulch delivered in bulk or in bags, or delivered and installed, as and when needed. The City of Pompano Beach is acting as the lead agency for the Cooperative, and this ITB includes the requirements of both the City and the participating agencies named herein. Any reference to a single agency or location will, in fact, be understood as referring to all participating agencies referenced in the documents unless specifically noted otherwise. B. Contract Period Initial Contract price resulting from this ITB shall remain fixed for a period of no less than twelve (12) months from the Contract's initial effective date, commencing upon award by the appropriate City officials. The City reserves the right to renew this Contract for four (4) additional one-year periods subject to vendor acceptance, satisfactory performance, and determination that renewal will be in the best interest of the City. Except as set forth in the Cost Adjustment section, all terms, prices and conditions shall remain firm for the initial period of the Contract, and any renewal period. The City may require additions or deletions of participating agencies, if a Contract renewal is considered. This may entail additional agencies and locations, and/or deletion of previous participating agencies. The Contractor shall serve all required additions or deletions, as requested by the City, according to the terms and conditions of the bid. In the event delivery/service is scheduled to end because of the expiration of this Contract, the Contractor shall continue to deliver/service upon the request of the General Services Director. The extension period shall not extend for more than one hundred twenty (120) days beyond the expiration date of the existing Contract. The Contractor shall be compensated for the product/service at the rate in effect when this extension clause is invoked by the City. C. Quantities The total estimated annual quantity of each item is listed in the line item pricing section. No warranty or guarantee is given or implied as to the total amount to be purchased as a result of this Contract. The quantities provided in this Invitation for Bids are estimates of annual usage to be used for bid comparison purposes only. Mulch will be ordered as needed. Page 2 of 29 355 D. Basis of Award Bidders may bid on any or all items. The primary Contract award will be made to the lowest responsive and responsible Bidder per item or per geographic group, or both, whichever is in the best interest of the City and Cooperative. The three geographic groups are Broward, Miami -Dade, and Palm Beach Counties. Alternate awards will be made to the other responsive and responsible Bidders per item or per geographic group, or both, to provide the City and Cooperative a source of supply should the primary contractor be unable to supply product when required. The City reserves the right to award by item with or without geographic group distinction. It is anticipated that most orders will be placed with the primary awardee for each item to achieve the lowest cost to the City and Cooperative. E. Pricing All prices bid shall be F.O.B. destination/delivered to each location, as specified on the individual order. F. Cost Adjustment Following the initial twelve (12) month period, the fixed prices may be adjusted upward or downward on a yearly basis to prices based on changes in the following pricing index: Consumer Price Index (CPI), starting within most recent twelve (12) month period. It is the Contractor's responsibility to request any pricing adjustment under this provision. Adjustments to pricing bid for ITB E-28-23 pages 23 through 29 will be considered yearly on the Contract commencement anniversary date. For any adjustment to be considered, the Contractor's request for adjustment shall be submitted no less than ninety (90) calendar days prior to the anniversary date. The Contractor's adjustment request must not be in the excess of the relevant documented price indexes. Any adjustment received after ninety (90) calendar days from the anniversary date may not be considered. The City reserves the right to negotiate lower pricing based on market research information or other factors that influence price. The City reserves the right to apply any reduction in pricing for the additional twelve (12) month period based on the downward movement of the applicable index. It shall be further understood that the City reserves the right to reject any price adjustments submitted by the Contractor and/or to terminate the Contract with the Contractor based on such price adjustments. Any agreed upon increase shall not exceed 5% annually. The Contractors' price shall be inclusive of all costs, charges, and fees involved in providing the specified product. Additional charges of any kind added to the invoice submitted by the Contractor is prohibited Page 3 of 29 356 G. Delivery Bidders are to provide the number of calendar days after receipt of an order required for delivery. The City seeks a source of supply that will provide accurate and timely delivery. The Contractor must adhere to delivery schedules. If, in the opinion of the General Services Director, the Contractor(s) fail at any time to meet the requirements herein, including the delivery requirements, then, the Contract may be cancelled upon written notice. See Section II - General Conditions, (6) "Delivery", and (10) 'Default", for additional information. Each individual participating agency shall establish delivery requirements, delivery locations, and dates with the Contractor. The Contractor shall await release by the authorized contact person at each agency for all shipments. Contractors must agree to accept "blanket" purchase orders, with verbal or fax requests for partial shipments, if required by the participating entities. H. Addenda The issuance of a written addendum or posting of an answer in response to a question submitted using the Questions feature in the eBid System are the only official methods whereby interpretation, clarification, or additional information can be given. If an addendum is issued to this ITB, the addendum will be issued via the eBid System. It shall be the responsibility of each Bidder, prior to submitting its bid, to check the eBid System to determine if an addendum was issued and to make such addendum a part of its bid. An addendum will be posted to this ITB in the eBid System. Current Contracts Government entities listed as participants in this bid solicitation may have current contracts to purchase one or more of the items included in this bid. These agencies will place orders with the awarded Contractor(s), if additional product is needed, after the expiration of their current contract(s). Participating Agencies/Contact Persons/Delivery Locations/Special Requirements The following agencies are participating in this bid solicitation and the resulting contract: 1. City of Boca Raton, contact person Jeff Gomez, Purchasing Manager, (561) 393- 7872. Mulch, bulk, delivered, red, est. annual quantity 5,300 cubic yards. Mulch, bulk, delivered, brown, est. annual quantity 800 cubic yards. Page 4 of 29 357 Mulch, bulk, delivered, Melaleuca, est. annual quantity 1,000 cubic yards. Mulch, bagged, delivered, red, est. annual quantity 160 bags. Mulch, bagged, delivered, brown, est. annual quantity 160 bags. Fibar engineered wood fiber, bulk, installed, est. annual quantity 100 cubic yards. Playground safety wood chips, installed, est. annual quantity 800 cubic yards. Mulch, installed, red, est. annual quantity 4,500 cubic yards. Deliveries/installation to various locations within the City. 2. City of Boynton Beach, contact person Chris Pinto, Purchasing Manager, (561) 742- 6322. Mulch, bulk, delivered, brown, est. annual quantity 6,000 cubic yards. Mulch, bulk, delivered, gold, est. annual quantity 15,000 cubic yards. Mulch, bagged, delivered, brown, est. annual quantity 500 bags. Fibar engineered wood fiber, bulk, installed, est. annual quantity 5,000 cubic yards. Delivery location: 8020 Jog Rd., Boynton Beach, FL 33472 3. City of Coral Gables, contact Troy Hall, Golf Parks Superintendent, (305) 962-0310. Mulch, bulk, delivered, red, est. annual quantity 100 cubic yards. Mulch, bulk, delivered, gold, est. annual quantity 100 cubic yards. Mulch, bagged, delivered, red, est. annual quantity 1,000 bags. Mulch, bagged, delivered, brown, est. annual quantity 1,000 bags. Playground Safety Wood Chips, bulk, installed, est. annual quantity 150 cubic yards. Deliveries to various locations within the City. 4. City of Coral Springs, contact person Yasmin Teja, Purchasing Agent, (954) 344- 1102. Mulch, bulk, delivered, brown, est. annual quantity 1,500 cubic yards. Page 5 of 29 358 Fibar engineered wood fiber, bulk, installed, est. annual quantity 700 cubic yards. Mulch, installed, red, est. annual quantity 3,760 cubic yards. Deliveries/installation to various locations within the City. 5. City of Dania Beach, contact Carl Kallediaran, Landscape Manager, (954) 924-6800, ext. 2745. Fibar engineered wood fiber, bulk, installed, est. annual quantity 400 cubic yards. Mulch, installed, red, est. annual quantity 1,260 cubic yards. Deliveries to 1201 Stirling Road, Dania Bch. 6. Town of Davie, contact person Kevin Montaldi, Superintendent, (954) 327-3943. Playground Safety Wood Chips, bulk, installed, est. annual quantity 400 cubic yards. Mulch, installed, red, est. annual quantity 200 cubic yards. Delivery and/or installation to various locations within the City. 7. City of Deerfield Beach, contact person Sandra Francis, (954) 480-4381. Fibar engineered wood fiber, bulk, installed, est. annual quantity 400 cubic yards. Mulch, installed, brown, est. annual quantity 3,400 cubic yards. Installation to various locations within the City. 8. City of Delray Beach, contact person Joel Burzynski, Purchasing Agent, (561) 243- 7153. Mulch, bulk, delivered, red, est. annual quantity 2,500 cubic yards. Mulch, bulk, delivered, brown, est. annual quantity 4,000 cubic yards. Mulch, bagged, delivered, red, est. annual quantity 2,500 bags. Mulch, bagged, delivered, brown, est. annual quantity 4,000 bags. Mulch, bulk, delivered, Melaleuca, est. annual quantity 4,000 cubic yards. Page 6 of 29 359 Mulch, installed, red, est. annual quantity 2,500 cubic yards. Mulch, installed, brown, est. annual quantity 4,000 cubic yards. Playground Safety Wood Chips, installed, est. annual quantity 4,000 cubic yards. Deliveries to various locations within the City. 9. City of Fort Lauderdale, contact person Robert Dexter, Parks Manager, (954) 828- 5262. Mulch, bulk, delivered, red, est. annual quantity 400 cubic yards. Mulch, bagged, delivered, brown, est. annual quantity 11,700 bags Mulch, rubber, bagged, est. annual quantity 5 super sacks. Playground Safety Wood Chips, installed, est. annual quantity 1,340 cubic yards. Mulch, installed, brown, est. annual quantity 7,500 cubic yards. Deliveries to various locations within the City. 10. City of Hallandale Beach, contact person Robert Lowery, Procurement Assistant Director, (954) 457-1452. Mulch, bulk, installed, brown, est. annual quantity 2,000 cubic yards. Deliveries to various locations within the City. 11. Town of Hillsboro Beach, contact person Mac Serda, Town Manager, (954) 427- 4011. Mulch, bagged, delivered, brown, est. annual quantity 300 bags Deliveries to 1210 Hillsboro Mile, Hillsboro Beach, FL 33062. 12. City of Hollywood, contacts: Joshua Collazo, Public Works Superintendent, (954) 249-8857. Mulch, bulk, delivered, red est. annual quantity 400 cubic yards. Mulch, bulk, delivered, brown est. annual quantity 600 cubic yards. Mulch, bagged, delivered, red, est. annual quantity 300 bags. Page 7 of 29 360 Mulch, bagged, delivered, brown, est. annual quantity 100 bags. Mulch, Melaleuca, bagged, delivered, est. annual quantity 100 bags. Mulch, Melaleuca, bulk, delivered, est. annual quantity 600 cubic yards. Mulch, rubber, bagged, delivered, est. annual quantity 300 super sacks. Fibar engineered wood fiber, bulk, installed, est. annual quantity 100 cubic yards. Mulch, installed, red, est. annual quantity 200 cubic yards. Mulch, installed, brown, est. annual quantity 2,100 cubic yards. Playground Safety Wood Chips, bulk, delivered, estimated annual quantity 100 cubic yards. Delivery/Installation to various locations within the City. 13. Village of Key Biscayne, contact person Todd Hofferberth, (305) 365-5947. Playground Safety Wood Chips, installed, est. annual quantity 400 cubic yards. Delivery locations: Village Green, 450 Crandon Blvd., and Key Biscayne K-8 School 601 Ridgewood Rd., Key Biscayne FL 33149. 14. City of Lauderhill, contact person Brian Picnic, Parks Deputy Director, (954) 730- 3083. Mulch, bulk, delivered, red est. annual quantity 30 cubic yards. Mulch, bulk, delivered, brown est. annual quantity 30 cubic yards. Mulch, bulk, delivered, Melaleuca est. annual quantity 30 cubic yards. Mulch, bagged, delivered, red, est. annual quantity 1,000 bags. Mulch, Melaleuca, bagged, delivered, est. annual quantity 30 bags. Mulch, rubber, bagged, delivered, est. annual quantity 30 super sacks. Fibar engineered wood fiber, bulk, installed, est. annual quantity 30 cubic yards. Mulch, bagged, delivered, red, est annual quantity 25,200 bags. Page 8 of 29 361 Playground Safety Wood Chips, installed, est. annual quantity 1,030 cubic yards. Mulch, installed, red, est. annual quantity 1,000 cubic yards. Delivery location: 2101 NW 49th Ave. Installations to various City locations. 15. City of Margate, contact person Spencer Shambray, Purchasing Manager, (954) 935- 5341. Mulch, gold, bulk, delivered, est. annual quantity 168 cubic yards. Delivery location: 102 N Rock Island Rd., Margate. 16. City of Miami, contact person Carl Springer, Parks Superintendent(305) 960-3007. Mulch, bagged, delivered, red, est. annual quantity 16,000 bags. Delivery location: 1950 NW 12th Ave., Miami, FL 33136. 17. City of Miami Beach, contact Alex Dennis, Procurement Officer, (305) 673-7490. Mulch, bulk, delivered, red, est. annual quantity 40 cubic yards. Mulch, bagged, delivered, brown, est. annual quantity 240 bags Mulch, bulk, installed, brown, est. annual quantity 500 cubic yards. Deliveries to 2100 Meridian Ave., and installation to various City locations. 18. City of North Lauderdale, contact person Sam May, Public Works Director, (954) 742-7070. Mulch, bulk, delivered, red, est. annual quantity 40 cubic yards. Fibar engineered wood fiber, bulk, installed, est. annual quantity 450 cubic yards. Mulch, installed, brown, est. annual quantity 300 cubic yards. Mulch, installed, red, est. annual quantity 200 cubic yards. Deliveries/installation to various locations within the City. 19. City of North Miami Beach, contact person Shereece George, Chief Procurement Officer, (305) 948-2946, ext. 2629. Page 9 of 29 362 Mulch, bagged, delivered, brown, est. annual quantity 8,200 bags. Deliveries to various locations within the City. 20. City of Oakland Park, contact Lisa Bishop Hill, Public Works Manager, (954) 630- 4518. Mulch, Melaleuca, bagged, delivered, est. annual quantity 21,120 bags. Playground Safety Wood Chips, installed, est. annual quantity 350 cubic yards. Deliveries to City Maintenance Compound, 3650 N.E. 12th Avenue, Oakland Park. 21. City of Parkland, contact: Anthony Scerbo, Public Works Superintendent, (954) 757-4187. Mulch, bulk, delivered, brown est. annual quantity 120 cubic yards. Mulch, bulk, delivered, Melaleuca est. annual quantity 36 cubic yards. Mulch, bagged, delivered, brown, est. annual quantity 240 bags. Mulch, Melaleuca, bagged, delivered, est. annual quantity 120 bags. Playground Safety Wood Chips, installed, est. annual quantity 240 cubic yards. Mulch, installed, brown, est. annual quantity 360 cubic yards. Delivery/Installation to various locations within the City. 22. City of Pompano Beach, contact person Jeff English, Purchasing Agent, (954) 786- 4098. Mulch, bulk, delivered, red estimated annual quantity 3,500 cubic yards. Mulch, bulk, delivered, brown estimated annual quantity 3,500 cubic yards. Playground Safety Wood Chips, installed, est. annual quantity 500 cubic yards. Deliveries to various locations within the City. K. Detail Specifications 1. General Wood Mulch Specifications Page 10 of 29 363 a. Mulch shall be of the recycled, dyed variety and shall be free of sand, dirt, CCA treated lumber, seed, and other foreign matter. Size shall not exceed three inches (3"). b. Colors required: Red, Brown, and Gold. 2. Mulch, Bulk, Delivered a. Mulch product to be as specified above. b. Delivered in bulk and unloaded (dumped). C. Bidder to state size of truckload (cubic yards), and minimum order. 3. Mulch, Bagged, Delivered a. Mulch product to be as specified above. b. Mulch to be supplied in two (2) cubic foot bags. Bags to be water-resistant, delivered on pallets. There shall be no charge for pallets pending their return. Bidder to state number of bags per pallet. C. Delivered, pallets unloaded. 4. Mulch, Bulk, Installed a. Mulch product to be as specified above. b. The Contractor must have the ability to install a minimum of twenty (20) cubic yards within an eight (8) hour period. The Contractor shall be fully responsible for the performance of its company/firm and completion of all work as outlined in these specifications. The Contractor shall employ sound horticultural practices and methods standard in the industry. Supervision of personnel shall be conducted in a competent and professional manner. All personnel shall wear uniforms bearing the company/firm name and all vehicles shall be likewise identifiable. When working in traffic arterial medians, personnel are required to wear safety vests. Proper safety signage, such as "Men Working Ahead", cones, flagmen or other warning devices shall be used to alert motorists of work in the area. All signs shall be temporary and must be in accordance with the Florida Department of Transportation's Manual on Uniform Traffic Control Devices and Safe Practices. OSHA standards shall be Page 11 of 29 364 utilized where applicable. Installed price must include M.O.T. on roadways. Any damage to public and/or private property, including the road, facilities, services, utilities, irrigation lines, or vegetation caused by the action of the Contractor shall be repaired or replaced at the expense of the Contractor to the satisfaction of the customer. Failure to restore said property within three (3) working days following notification will result in a deduction from the vendor's invoice of customer expenses incurred through the execution of appropriate labor, material, and equipment use or rental to restore the property to its original condition. All equipment shall be maintained in an efficient and safe operating condition while performing work under the Contract. Equipment shall have proper safety devices maintained at all times while in use. If equipment does not contain proper safety devices and/or is being operated in an unsafe manner, the City shall direct the Contractor to remove such equipment and/or the operator until the deficiency is corrected to the satisfaction of the customer. The Contractor shall be responsible and liable for injury to persons caused by the operation of the equipment. C. Installation Specifications The Contractor shall be fully responsible for confirming the amount of mulch needed, coordinating delivery to the site, and for all transportation costs. The Contractor must coordinate all work with the designated customer contact. The designated customer contact reserves the right to inspect each truckload of material that is delivered to the job site prior to the material being unloaded. The Contractor shall meet with the designated customer contact prior to installation in order to discuss unusual needs in the area of work to be performed that day. Mulch shall be uniformly distributed at a minimum depth of three inches (3") to a maximum depth of four inches (4") around all trees and shrubs within the maintenance area. Mulch shall extend outward for a minimum of two feet (2') to a maximum of four feet (4'), from all shrubs and trees. A three to six-inch (3"- 6") band, free of mulch, shall be maintained around the tree trunks and shrubs. Mulch shall be pulled back from the base of shrubs and groundcovers. Mulching shall be completed within thirty (30) calendar days following receipt of order unless otherwise specified on written purchase order. Should the Contractor encounter any problems that might cause a delay in Page 12 of 29 365 mulch installation, it shall notify the designated customer contact within two (2) hours. Sidewalks, paved areas, and sodded areas shall be left free of mulch at time of job completion. 5. Melaleuca Mulch Specifications a. During processing, raw materials shall be stacked and stored in curing piles for no less than 120 days. b. Mulch shall be made entirely from the above ground portion wood and bark of the Melaleuca Quinquenervia Tree. It shall not contain more than 10% (by volume) bark and shall not contain roots or root pieces. Shreds and chips shall not be larger than 3/4 inch diameter and 1 1/2 inch in length. Mulch shall be free of weed seeds, soil and on other organic or inorganic material. C. Prior to its final processing, mulch will have been inspected and certified by the Florida Department of Agriculture and Consumer Services, Division of Plant Industry, as free of burrowing nematodes. All proofs of delivery shall bear the official State of Florida stamp of inspection and verification. d. Melaleuca mulch to be supplied in bulk, and in two (2) cubic foot bags. Bags to be water-resistant, delivered on pallets. There shall be no charge for pallets pending their return. Bidder to state number of bags per pallet. 6. Rubber Mulch Specifications a. For playground use, meeting Americans with Disabilities Act (ADA) and American Society for Testing and Materials (ASTM) standards. Various standard colors. b. To be furnished in "super sacks", 2,000 pounds per sack. 7. Certified Playground Safety Wood Chips Specifications a. Mulch shall be made entirely from Pine and other Hardwoods and shall be free of sand, dirt, CCA treated lumber, seed, and other foreign matter. Shreds and chips shall not be larger than 3/4 -inch diameter and 1 1/2 inch in length. Must meet all the requirements of ASTM F 1292 for safety, F2075 for purity, and F1951 for wheelchair access. All testing certified by the International Play Equipment Manufacturers Association (IPEMA). Page 13 of 29 Mulch shall be delivered in bulk. If installation is requested, delivery trucks must be capable of installing mulch into playground areas through use of hoses attached to blown in place systems on the trucks. b. Installation of Playground Chips Mulch shall be installed by being blown into place through hoses connected to the delivery truck. The contractor shall be fully responsible for confirming the amount of mulch installed, coordinating delivery to the site, and for all transportation costs. The Contractor must coordinate all work with the designated customer contact. The designated customer contact reserves the right to inspect each truckload of material that is delivered to the job site prior to the material being unloaded. The Contractor shall meet with the designated customer contact prior to installation in order to discuss unusual needs in the area of work to be performed that day. Mulch shall be uniformly distributed in the playground area, to bring the upper surface to the height designated by the designated customer contact. The designated customer contact will designate the depth and/or cubic yards to be installed at each location. Access to playgrounds may be limited. Trucks must have sufficient length of hose to provide installation to an area 250 feet from truck. 8. Fibar Engineered Wood Fiber (EWF) Specifications a. Fibar is made only from virgin wood. Fibar EWF meets all the requirements of ASTM F1292 for safety, F2075 for purity, and F1951 for wheelchair access. All testing certified by the International Play Equipment Manufacturers Association (IPEMA). Fibar is to be delivered in bulk, or installed, as requested. All installation specifications detailed herein apply to this product. Fibar is manufactured by The Fibar Group, LLC; contact information: nf�r_ r>f7iba oco , telephone (800) 342-2721, 80 Business Park Drive, Armonk, New York, 10504. L. Relevant Project Experience For mulch installation, Bidders shall show specific project experience as a Prime Contractor for a minimum of three projects within the last three years of similar or greater complexity and cost. Reference contact information must be furnished for all mulching projects claimed as relevant experience under this requirement including: Project Name, Page 14 of 29 367 the customer for whom the project was done, total project cost, when the project commenced and was completed, project manager with phone number. Include reference information with bid. IPEMA certification shall be submitted with bid. M. Insurance Contractor shall not commence services under the resulting Contract until certification or proof of insurance detailing terms and provisions have been received and approved in writing by the City's Risk Manager. If you are responding to this ITB and have questions regarding the insurance requirements hereunder, please contact the City's Purchasing Division of the General Services Department at (954) 786-4098. If the Contract has already been awarded, please direct any inquiries and proof of the requisite insurance coverage to City staff responsible for oversight of the subject project/Contract. Contractor is responsible to deliver to the City for timely review and written approval/disapproval Certificates of Insurance which evidence that all insurance required hereunder is in full force and effect and which name on a primary basis, the City as an additional insured on all such coverage. Such policy or policies shall be issued by United States Treasury approved companies/firms authorized to do business in the State of Florida. The policies shall be written on forms acceptable to the City's Risk Manager, meet a minimum financial A.M. Best and Company rating of no less than Excellent, and be part of the Florida Insurance Guarantee Association Act. No changes are to be made to these specifications without prior written approval of the City's Risk Manager. Throughout the term of the Contract, the City, by and through its Risk Manager, reserves the right to review, modify, reject or accept any insurance policies required by this Contract, including limits, coverages or endorsements. City reserves the right, but not the obligation, to review and reject any insurer providing coverage because of poor financial condition or failure to operate legally. Failure to maintain the required insurance shall be considered an event of default. The requirements herein, as well as the City's review or acceptance of insurance maintained by the Contractor, are not intended to and shall not in any way limit or qualify the liabilities and obligations assumed by the Contractor under the resulting Contract. Throughout the term of the Contract, the Contractor and all subcontractors or other agents hereunder, shall, at their sole expense, maintain in full force and effect, the following insurance coverages and limits described herein, including endorsements: I . Worker's Compensation Insurance covering all employees and providing benefits as required by Florida Statute, Chapter 440, regardless of the size of the company/firm (number of employees) or the state in which the work is to be performed or of the state in which the Contractor is obligated to pay compensation to employees engaged in the performance of the work. The Contractor further agrees to be responsible for employment, control and conduct of its employees and for any injury sustained by such employees in the course of their employment. Page 15 of 29 368 2. Liability Insurance. (a) Naming the City of Pompano Beach as an additional insured as City's interests may appear, on General Liability Insurance only, relative to claims which arise from the Contractor's negligent acts or omissions in connection with the Contractor's performance under this Contract. (b) Such Liability Insurance shall include the following checked types of insurance and indicated minimum policy limits. Type of Insurance Limits of Liability GENERAL LIABILITY: Per Occurrence Aggregate * Policy to be written on a claims occurrence basis $1,000,000 $2,000,000 XX comprehensive form bodily injury and property damage premises - operations bodily injury and property damage explosion & collapse hazard underground hazard XX products/completed bodily injury and property damage combined operations hazard XX contractual insurance bodily injury and property damage combined XX broad form property damage bodily injury and property damage combined XX Independent Contractors personal injury XX personal injury CG2010 ongoing operations (or its' equivalent) CG 2037 completed operations (or its' equivalent) sexual abuse/molestation Minimum $1,000,000 Per Occurrence and Aggregate -------------------------------------------------------------------------------------------------------------------- AUTOMOBILE LIABILITY: Minimum $1,000,000 Per Occurrence and Aggregate. Bodily injury (each person) bodily injury (each accident), property damage, bodily injury and property damage combined. XX comprehensive form XX owned XX hired XX non -owned REAL & PERSONAL PROPERTY * Policy to be written on a claims occurrence basis Page 16 of 29 369 comprehensive form Agent must show proof it has this coverage. --------------------------------------------------------------------------------------------------------- EXCESS / UMBRELLA LIABILITY Per Occurrence Aggregate * Policy to be written on a claims occurrence basis excess/umbrella bodily injury and property damage combined ------------------------------------------------------ PROFESSIONAL LIABILITY * Policy to be written on a claims made basis professional liability $5,000,000 $5,000,000 Per Occurrence Aggregate $1,000,000 $1,000,000 (c) If Professional Liability Insurance is required, Bidder agrees the indemnification and hold harmless provisions of the Contract shall survive the termination or expiration of the Contract for a period of three (3) years unless terminated sooner by the applicable statute of limitations. ---------------------------------------------------------------- ENVIRONMENTAL / POLLUTION LIABILITY * Policy to be written on a claims -made basis XX environmental/pollution liability ---------------------------------------------- CYBER LIABILITY * Policy to be written on a claims occurrence basis Per Occurrence Aggregate $1,000,000 $1,000,000 Per Occurrence Aggregate $1,000,000 $1,000,000 Network Security / Privacy Liability Breach Response / Notification Sublimit (minimum limit of 50% of policy aggregate) Technology Products E&O - $1,000,000 (only applicable for vendors supplying technology related services and or products) Coverage shall be maintained in effect during the period of the Contract and for not less than four (4) years after termination/ completion of the Contract. --------------------------------------------------------------------------------------------------------------------- 3. Employer's Liability. Contractor and all subcontractors shall, for the benefit of their employees, provide, carry, maintain and pay for Employer's Liability Insurance in the minimum amount of One Hundred Thousand Dollars ($100,000.00) per employee, Five Hundred Thousand Dollars ($500,000) per aggregate. Page 17 of 29 370 4. Policies: Whenever, under the provisions of the Contract, insurance is required of the Contractor, the Contractor shall promptly provide the following: a) Certificates of Insurance evidencing the required coverage; b) Names and addresses of firms providing coverage; C) Effective and expiration dates of policies; and d) A provision in all policies affording City thirty (30) days written notice by a carrier of any cancellation or material change in any policy. 5. Insurance Cancellation or Modification. Should any of the required insurance policies be canceled before the expiration date, or modified or substantially modified, the issuing company/firm shall provide thirty (30) days written notice to the City. 6. Waiver of Subrogation. Contractor hereby waives any and all right of subrogation against the City, its officers, employees and agents for each required policy. When required by the insurer, or should a policy condition not permit an insured to enter into a pre -loss Contract to waive subrogation without an endorsement, then, Contractor shall notify the insurer and request the policy be endorsed with a Waiver of Transfer of Rights of Recovery Against Others, or its equivalent. This Waiver of Subrogation requirement shall not apply to any policy which includes a condition to the policy not specifically prohibiting such an endorsement, or voids coverage should Contractor enter into such an Contract on a pre -loss basis. The certification or proof of insurance must contain a provision for notification to the City ten (10) days in advance of any material change in coverage or cancellation. The Contractor shall furnish to the City the certification or proof of insurance required by the provisions set forth above, within ten (10) days after notification of award of Contract. Certificate(s) to be issued to City of Pompano Beach, Attention Risk Manager, 100 West Atlantic Boulevard, Pompano Beach, Florida, 33060. N. Questions And Communication All questions regarding the ITB are to be submitted using the Questions feature in the eBid System. Questions must be received at least two (2) calendar days before the scheduled ITB opening. Oral and other interpretations or clarifications will be without legal effect. Addenda will be posted to the ITB in the eBid System, and it is the Bidder's responsibility to obtain all addenda before submitting a response to the ITB. Page 18 of 29 371 6.1. 6.2 SECTION 11- GENERAL CONDITIONS 6.3. Delivery time will be a factor for any orders placed as a result of this bid. The City reserves the right to cancel such order(s) or any part thereof, without obligation, if Submission and Receipt of Bids delivery is not made within the times) specified herein and hold the vendor in default. (See Section 10.) Bidders must use the forms furnished by the City. 7. Electronic Bid Considered an Offer Bids must submit their response via the eBid System. This electronic bid submitted via the eBid System is It will be the sole responsibility of the bidder to have considered an offer on the part of the bidder, which offer their bid submitted via the eBid system before the shall be considered accepted upon approval by the City closing hour and date shown for receipt of bids. Commission of the City of Pompano Beach (if required). The City of Pompano Beach will issue a purchase order Bidder's response shall not contain any alternation to the or a letter of authorization to the successful bidder, as document posted other than entering data in spaces authorization for delivery of the items awarded subject provided or including attachments as necessary. to requirements of detailed specifications and those contained herein. By submission of a response, Bidder affirms that a complete set of bid documents was obtained from the In the event of default on the part of the bidder after such eBid System and no alteration of any kind has been made acceptance, the City may take such action as it deems to the solicitation. appropriate including legal action for damages or specific performance. Late bids will not be considered. 8. Quality Bids transmitted by email or facsimile will not be accepted. All materials used for the manufacture or construction of any supplies, materials or equipment covered by this bid Completion of Bid Forms shall be new. The items bid must be new, the latest model, of the best quality and highest grade Bidder is to enter information into the eBid System and workmanship unless otherwise specified in this bid by upload any required attachments and forms as specified the City. in the solicitation. 9. Brand Names Electronic Signature Whenever proprietary names are used, (whether or not Bidder acknowledges that the user identification, followed by the words "or approved equal"), the items) password, entry of the user's full name, and entry of the will be subject to acceptance and/or approval by user's email address serves as their unique electronic authorized City personnel, and said personnel will deem signature for all bid responses and submissions as it their prerogative to select the items) which are lowest provided by 668.001, Fla. Stat. et. seq. Bidder further bid, item by item, meeting specifications from the agrees that only individuals with signature authority will information furnished by the bidder with the bid and/or submit a response. sample inspection or testing of the items) called for herein. Prices to be Finn 10. Default Provisions Bidder certifies that prices, terms and conditions in the bid will be firm for acceptance for a period of ninety (90) In the event of default by the bidder, the City reserves days from the date of b id open ing un less otherwise stated the right to procure the item(s) bid from other sources by the City. Bids may not be withdrawn before the and will hold the bidder responsible for excess costs expiration of ninety (90) days. Prices shall be firm, with incurred as a result. A contractor who defaults on a City no escalator clauses unless specified by the City. Bids contract may be banned from doing business with the may be withdrawn after ninety (90) days only upon City for a period of 36 months from the date of default. written notification to the City. 11, Samples Extensions Samples, when requested, must be famished at, or If there is an error in extensions (mathematical before, bid opening, (unless otherwise specified), and calculations), unit prices will prevail. will be delivered at no charge to the City. If not used and/or destroyed in testing, said sample(s) will, at Delivery bidder's request, be returned within thirty (30) days of bid award at bidder's expense. if requested by the City, All items are to be bid F.O.B. delivered with freight samples and/or inspection of like items are to be made charges prepaid and included, to designated addresses as available in the southeast Florida area. specified by the City on its purchase order(s) or in letters) of authorization. 12. Acceptance of Materials Bidder must state specific number of calendar days The material delivered as a result of this bid shall remain required for delivery of each item bid in attribute in the the property of the seller until a physical inspection and eBid System for consideration of award of this bid. actual usage of the item(s) is made and thereafter deemed Page 19 of 29 acceptable to the satisfaction of the City, in compliance 372 13 14. 15 16. 17 18 19 with the terms and specifications contained herein. In 20. Retention of Records and Right to Access Clause the event that the item(s) supplied to the City is/are found to be defective, or does/do not conform to specifications, The successful bidder shall preserve and make available the City reserves the tight to cancel the order upon all financial records, supporting documents, statistical written notice to the seller and return the item(s) to the records, and any other documents pertinent to this seller at the seller's expense. contract for a period of five (5) years after termination of this contract; or if an audit has been initiated and audit Manufacturers' Certifications findings have not been resolved at the end of these five (5) years, the records shall be retained until resolution of The City reserves the right to obtain separate audit finding. manufacturer certification of all statements made in the bid. 21. Qualifications/Inspection Copyrights and Patent Rights Bids will only be considered from films normalcy engaged in providing the types of commodities/services Bidder warrants that there has been no violation of specified herein. The City reserves the right to inspect copyrights or patent rights in manufacturing, producing the Bidder's facilities, equipment, personnel, and and/or selling the item(s) ordered or shipped as a result organization at any time, or to take any other action of this bid, and successful bidder agrees to hold the City necessary to determine Bidder's ability to perform. The harmless from any and all liability, loss or expense by General Services Director reserves the right to reject bids any such violation. where evidence or evaluation is determined to indicate inability to perform. Laws and Regulations 22. Anti -collusion Statement All applicable laws and regulations of the Federal government, the State of Florida, and ordinances of the By submitting this bid, the bidder affirms that this bid is City of Pompano Beach will apply to any resulting bid without previous understanding, agreement, or award. connection with any person, business, or corporation submitting a bid for the same materials, supplies, or Taxes equipment, and that this bid is in all respects fair, and without collusion or fraud. The City of Pompano Beach is exempt from any taxes imposed by the State and Federal government. Additionally, bidder agrees to abide by all conditions of Exemption certificates will be provided upon request. this bid and certifies that they have the legal authority to State sales tax exemption certificate #85 80126216720- submit this bid on behalf of the named Bidder. In 6 and Federal exemption tax #59 74 0083K apply and submitting a bid to the City of Pompano Beach, the appear on each purchase order. bidder offers and agrees that if the bid is accepted, the bidder will convey, sell, assign or transfer to the City of Conflict of Instructions Pompano Beach all rights, title and interest in and to all causes of action it may now or hereafter acquire under If a conflict exists between the General Conditions and the Anti trust laws of the United States and the State of instructions contained herein, and the Specific Florida for price fixing relating to the particular Conditions and instructions contained herein, the commodities or services purchased or acquired by the specifies shall govern. City of Pompano Beach. At the City's discretion, such assignment shall be made and become effective at the Exceptions to Specifications time the City tenders final payment to the bidder. For purposes of evaluation, bidder must indicate any 23. Indemnification exception to the specifications, terms, and/or conditions, no matter how minor. This includes any agreement or Contractor covenants and agrees that it will indcnmify contract forms supplied by the bidder that are required to and hold harmless the City and all of the City's officers, be signed by the City. If exceptions are not stated by the agents, and employees from any claim, loss, damage, bidder, in his bid, it will be understood that the costs, charge or expense arising out of any act, action, item(s)/services fully comply with the specifications, neglect or omission by contractor during the terms and/or conditions stated by the City. Exceptions performance of the contract, whether direct, or indirect, are to be listed by the bidder on an attachment included and whether to any person or property to which the City with his bid. The City will not determine exceptions of said parties may be subject, except that neither the based on a review of any attached sales or manufacturer's contractor nor any of its sub -contractors will be liable literature. under this section for damages arising out of injruy or damage to persons or property directly caused or Warranties resulting from the sole negligence of City or any of its officers, agents, or employees. The City of Pompano Beach will not accept any disclaimer of the warranties of merchantability and 24. Reservation for Rejections and Award fitness for a particular purpose for the product(s) offered. Proposals will clearly state any additional warranties and The City reserves the right to accept or reject any or all guarantees against defective materials and bids or parts of bids, to waive irregularities and workmanship. A copy of the complete manufacturer's technicalities, and to request re -bids. The City also warranty statement is to be submitted with the bid. reserves the right to award the contract on such items the Page 20 of 29 City deems will best serve the interests of the City. The 373 25 26 27 28 29 30. City further reserves the right to award the contract on a provide any goods or services to a public entity, may not "split order" basis, or such combination as shall best submit a bid on a contract with a public entity for the serve the interests of the City unless otherwise specified. construction or repair of a public building or public work, may not submit bids on leases of real property to Interpretations a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under Any questions concerning the conditions and a contract with any public entity, and may not transact specifications contained in this bid should be submitted business with any public entity in excess of the threshold in writing and received by the Purchasing Division no amount provided s. 287.017 for CATEGORY TWO for later than seven (7) calendar days prior to the bid a period of 36 months from the date of being placed on opening. The City of Pompano Beach shall not be the convicted vendor list. responsible for oral interpretations given by any City personnel or representative or others. The issuance of a 31. Governing Procedures written addendum is the only official method whereby interpretation, clarification or additional information can This bid is governed by the applicable sections of the be given. City's General Services Procedures Manual. A copy of the manual is available for review at the City Purchasing Failure to Respond office. If you elect not to bid, please return enclosed "Statement 32. Identical Tie Bids of No Response" form by the bid due date, and state your reasons) for not bidding. Failure to respond, either by In accordance with Section 287.087, State of Florida submitting a bid, or by submitting a "Statement of No Statutes, preference shall be given to businesses with Response" form, may result in your name being removed Drug-free Workplace Programs. Whenever two or more from our notification list. bids which are equal with respect to price, quality, and service are received for the procurement of commodities Bid Tabulations or contractual service, a bid received from a business that certifies that it has implemented a Drug-free Workplace Tabulations are posted to the Purchasing page of the Program shall be given preference in the award process. City's website. Bidders who wish to receive a copy of the bid tabulation should request it by enclosing a Established procedures for processing tie bids will be stamped, self addressed envelope with their bid, or by followed if none of the tied vendors have a Drug-free requesting a tabulation be sent to their fax machine. Bid Workplace Program. In order to have a Drug-free results will not be given out by telephone. The City does Workplace Program, a business shall: not notify unsuccessful bidders of contract awards. 1) Publish a statement notifying employees that the Assignment unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited Successful bidder may not assign or transfer this in the workplace and specifying the actions that will be contract, in whole or part, without prior written approval taken against employees for violations of such of the City of Pompano Beach. prohibition. Termination for Convenience of City 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug - Upon seven (7) calendar days written notice delivered by free workplace, any available drug counseling, certified mail, return receipt requested, to the successful rehabilitation, and employee assistance programs, and bidder, the City may without cause and without prejudice the penalties that may be imposed upon employees for to any other right or remedy, terminate the agreement for drug abuse violations. the City's convenience whenever the City determines that such termination is in the best interest of the City. 3) Give each employee engaged in providing the Where the agreement is terminated for the convenience commodities or contractual services that are under bid a of the City the notice of termination to the successful copy of the statement specified in subsection (1). bidder must state that the contract is being terminated for the convenience of the City under the termination clause 4) In the statement specified in subsection (1), notify the and the extent of the termination. Upon receipt of such employees that, as a condition of working on the notice, the contractor shall promptly discontinue all commodities or contractual services that are under bid, work at the time and to the extent indicated on the notice the employee will abide by the terms of the statement and of termination, terminate all outstanding sub -contractors will notify the employer of any conviction of, or plea of and purchase orders to the extent that they relate to the guilty or nolo contendere to, any violation of Chapter terminated portion of the contract and refrain from 893 or of any controlled substance law of the United placing further orders and subcontracts except as they States of any State, for a violation occurring in the may be necessary, and complete any continued portions workplace no later than five (5) days after such of the work. conviction. Public Entity Crimes 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation In accordance with Florida State Statute 287.133 (2)(a): program if such is available in the employee's A person or affiliate who has been placed on the community, by any employee who is so convicted. convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to Page 21 of 29 374 6) Make a good faith effort to continue to maintain a drug- free workplace through implementation of this section. 33. Invoicing/Payment All invoices should be sent to City of Pompano Beach, Accounts Payable, P.O. Drawer 1300, Pompano Beach, Florida, 33061. In accordance with Florida Statutes, Chapter 218, payment will be made within 45 days after receipt of merchandise and a proper invoice. The City will attempt to pay within fewer days if bidder offers a payment discount. The City cannot make advance payments, make deposits in advance of receipt of goods, or pay C.O.D. 34. Optional Contract Usage As provided in Section 287.042(17), Florida Statutes, State of Florida agencies may purchase from a contract resulting from this solicitation, provided the Department of Management Services, Division of Purchasing, has certified its use to be cost effective and in the best interest of the State. Contractor(s) may sell such commodities or services certified by the Division to State of Florida agencies at the contractor's option. 35. Non Discrimination There shall be no discrimination as to race, color, religion, gender, national origin, ancestry, and physical or mental disability in the operations conducted under this contract. Included as applicable activities by the contractor under this section are the solicitation for, or purchase of, goods or services, or the subcontracting of work in performance of this contract. 36. Notice To Contractor The employment of unauthorized aliens by any contractor is considered a violation of Section 274A(e) of the Immigration and Nationality Act. If the contractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of the contract. 37. Costs Incurred by Bidders All expenses associated with the preparation and/or presentation and submission of bids to the City, or any work performed in connection therewith, shall be the sole responsibility of the Bidder and shall not be reimbursed by the City. 38. Public Records 1) Any material submitted in response to this solicitation will become a public document pursuant to Section 119.071, Florida Statutes. This includes material which the responding bidder/proposer might consider to be confidential or a trade secret. Any claim of confidentiality is waived upon submission, effective after opening pursuant to Section 119.071, Florida Statutes. 2.1) The City of Pompano Beach is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law, as amended. Specifically, the Contractor shall: a. Keep and maintain public records that ordinarily and necessarily would be required by the City in order to perform the service; b. Upon request $om the City's custodian of public records, provide the City with a copy of requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes or as otherwise provided by law; C. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the City; d. Upon completion of the contract, transfer, at no cost to the City, all public records in possession of the Contractor, or keep and maintain public records required by the City to perform the service. If the Contractor transfers all public records to the City upon completion of the contract the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City's custodian of public records in a format that is compatible with the information technology systems of the City. e. Failure of the Contractor to provide the above described public records to the City within a reasonable time may subject Contractor to penalties under 119.10, Florida Statutes, as amended. PUBLIC RECORDS CUSTODIAN IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: CITY CLERK 100 W. Atlantic Blvd., Suite 253 Pompano Beach, Florida 33060 (954) 786-4611 RecordsCustodianCa.,copbfl.com 2.2) The failure of Contractor to comply with the provisions set forth in this Article shall constitute a Default and Breach of this Agreement and the City shall enforce the Default in accordance with the provisions set forth herein. Page 22 of 29 375 SECTION III — BID LINE ITEM PRICING BID LINE ITEM PRICING MUST BE SUBMITTED ELECTRONICALLY USING THE CITY'S EBID SYSTEM. Group 1: Broward County Line Item Quantity Description Unit Price Total 1 A 2,507 cubic yards mulch, bulk, delivered, red $ /cy $ # of yards per truckload: minimum order: 2 B 5,650 cubic yards mulch, bulk, delivered, brown $ /cy $ # of yards per truckload: minimum order: 3 C 168 cubic yards mulch, bulk, delivered, gold $ /cy $ # of yards per truckload: minimum order: 4 D 4,066 cubic yards mulch, bulk, delivered, Melaleuca $ /cy $ # of yards per truckload: minimum order: 5 E 5,000 bags mulch, bagged, delivered, red $ /bag $ # of bags per pallet: minimum order: Page 23 of 29 376 6 F 6,040 bags mulch, bagged, delivered, brown $ /bag $ # of bags per pallet: minimum order: 7 G 3,000 bags mulch, bagged, delivered, gold $ /bag $ # of bags per pallet: minimum order: 8 H 21,270 bags mulch, bagged, delivered, Melaleuca $ /bag $ # of bags per pallet: minimum order: 9 I 30 super sacks mulch, rubber, bagged, delivered $ /super sack $ # of bags per pallet: minimum order: 10 J 6,580 cubic yards engineered wood fiber, bulk, installed $ /cy $ minimum order: 11 K 6,020 cubic yards playground safety wood chips, bulk, installed $ /cy $ minimum order: 12 L 5,400 cubic yards mulch, bulk, installed, red, per cubic yard $ /cy $ minimum order: Page 24 of 29 377 13 M 5,400 cubic yards mulch, bulk, installed, brown, per cubic yard $ /cy $ 1 A minimum order: 14 N 2,550 cubic yards mulch, bulk, installed, gold, per cubic yard $ /cy $ # of yards per truckload: minimum order: Group 2: Miami -Dade County Line Item No. Quantily Description Unit Price Total 1 A 100 cubic ands mulch, bulk, delivered, red $ /cy $ # of yards per truckload: minimum order: 2 B 900 cubic yards mulch, bulk, delivered, brown $ /cy $ # of yards per truckload: minimum order: 3 C 100 cubic yards mulch, bulk, delivered, gold $ /cy $ # of yards per truckload: minimum order: 4 E 17,000 bags mulch, bagged, delivered, red $ /bag $ # of bags per pallet: minimum order: 5 F 8,440 bags mulch, bagged, delivered, brown $ /bag $ # of bags per pallet: minimum order: Page 25 of 29 378 6 G 1,000 bags mulch, bagged, delivered, gold $ /bag $ 1 A 11,300 cubic yards # of bags per pallet: $ /cy $ minimum order: 7 K 550 cubic yards Playground Safety Wood Chips, bulk, installed $ /cy $ 2 B minimum order: mulch, bulk, delivered, brown $ /cy 8 M 500 cubic ards mulch, bulk, installed, brown $ /cy $ minimum order: Group 3: Palm Beach County Line Ite Quantity Description Unit Price Total 1 A 11,300 cubic yards mulch, bulk, delivered, red $ /cy $ # of yards per truckload: minimum order: 2 B 800 cubic yards mulch, bulk, delivered, brown $ /cy $ # of yards per truckload: minimum order: 3 C 15,000 cubic yards mulch, bulk, delivered, gold $ /cy $ # of yards per truckload: minimum order: 4 D 1,000 cubic yards mulch, bulk, delivered, Melaleuca $ /cy $ # of yards per truckload: Page 26 of 29 379 Page 27 of 29 380 minimum order: 5 E 1660 bags mulch, bagged, delivered, red $ /bag $ # of bags per pallet: minimum order: 6 F 2,160 bags mulch, bagged, delivered, brown $ /bag $ # of bags per pallet: minimum order: 7 J 5,700 cubic yards Engineered Wood Fiber, bulk, installed $ /cy $ minimum order: 8 K 800 cubic yards Playground Safety Wood Chips, bulk, installed $ /cy $ minimum order: 9 L 5,000 cubic yards mulch, bulk, installed, red $ /cy $ minimum order: 10 M 1,500 cubic yards mulch, bulk, installed, brown $ /cy $ minimum order: 11 N 50 cubic yards mulch, bulk, installed, gold $ /cy $ minimum order: Page 27 of 29 380 ATTRIBUTES REQUESTED INFORMATION BELOW IS ON THE ATTRIBUTES TAB FOR THE BID IN THE EBID SYSTEM. PROVIDE THIS INFORMATION ELECTRONICALLY. Acknowledgment of the following Addenda is noted: Addendum Number(s) Date(s) Issued Delivery time after receipt of order calendar days. If awarded the Contract resulting from this bid, will your company/firm agree to sell additional items at the awarded Contract price? If so state the time period in calendar days applicable for such additional purchases: If awarded the Contract resulting from this bid, will your company/firm agree to extend the same prices, terms and conditions to other governmental entities? (Note -- Optional, Agreement not required for Contract award.) Yes No VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Respondent Vendor Name: Vendor FEIN: Section 215.4725, Florida Statutes, prohibits agencies from contracting (at any dollar amount) with companies on the Scrutinized Companies that Boycott Israel List, or with companies that are engaged in a boycott of Israel. As the person authorized to sign electronically on behalf of Respondent, I hereby certify by selecting the box below that the company/firm responding to this solicitation is not listed on the Scrutinized Companies that Boycott Israel List. I also certify that the company/firm responding to this solicitation is not participating in a boycott of Israel, and is not engaged in business operations in Syria or Cuba. I understand that pursuant to sections 28 7.13 5 and 215.4725, Florida Statutes, the submission of a false certification may subject company/firm to civil penalties, attorney's fees, and/or costs. I Certify 111 Page 28 of 29 381 Conflict of Interest: For purposes of determining any possible conflict of interest, all Bidders must disclose if any City of Pompano Beach employee is also an owner, corporate officer, or employee of their business. Indicate either "Yes" (a City employee is also associated with your business), or "No". (Note: If answer is "Yes", you must file a statement with the Supervisor of Elections, pursuant to Florida Statutes 112.313.) Yes No Drug -Free Workplace: Whenever two or more bids which are equal with respect to price, quality, and service are received for the procurement of commodities or contractual service, a bid received from a business that certifies that it has implemented a Drug-free Workplace Program shall be given preference in the award process. If Bidder's company/firm has a Drug-free Workplace Program as outlined in General Conditions, section 32., so certify below: Bidder has a drug-free workplace program? Yes No Page 29 of 29 382 7.0 Consent Bids and Purchases over $100,000 11/7/2023 Annual Expenditure Increase to Gehring Group as the City's Insurance Broker. Requested Action: Approve an increase to the annual expenditure for payment of Preferred Governmental Insurance Trust (PGIT) policies through Gehring Group as our Insurance Broker in the amount of $2,465,000 for the current and final year in the contract. Explanation of Request: On August 6, 2019, the Commission approved Resolution No. R19-069 awarding the contract for Insurance Broker Services. The annual expenditure for Gehring Group Broker Services is $73,543.75. Staff is requesting to increase the annual expenditure from $73,543.75 to $2,465,000. This increase would allow the City to issue payment for our Property, General Liability, and Workers' Compensation insurance through Preferred Governmental Insurance Trust (PGIT). PGIT requires the City to utilize a broker to purchase coverage, resulting in the payments being paid to the broker directly. Fiscal Impact: Property policies to be paid from 522-1710-519-45-05 FY 2023 Paid $704,704.00 paid directly to FMIT. Workers Compensation to be paid from 522-1710-519-45-09 FY 2023 Paid $118,269.00 paid directly to FMIT. General Liability to be paid from 522-1710-519-45-04 FY 2023 Paid $297,562.00 paid directly to FMIT. The Commercial Property Insurance Market saw its highest premiums increase in the last several years due to major catastrophic weather events. Property Insurers bared the cost of Hurricane Ian in 2022 and the reinsurance market. These costs caused several insolvencies within Florida, straining the market and increasing competition and availability of policies at the same limits from a year prior. The City worked with our insurance broker, Gehring Group, to mitigate cost increases as much as possible without waiving limits essential to cover City assets. For our General Liability and Workers' Compensation coverage, we were able to carry the same limits as our previous policy. The cost has increased for the coverages. In prior years, the carrier had allowed us to work with them directly to issue payments. With the new insurance carrier, it is a requirement that we go through our broker for the payments made for our PGIT policies. Due to this change, we are asking for increased expenditures not previously required when insured with our prior insurance company. 383 Attachments: R19-069-Gehring Group.pdf 10.03.23 - Boynton Beach - Law Enforcement - #1-091961.pdf 10.03.23 - Boynton Beach - General Liability - #1-091960.pdf 10.03.23 - Boynton Beach - Property - #1-091958.pdf 10.03.23 - Boynton Beach - Auto Physical - #1-091957.pdf 10.03.23 - Boynton Beach - Auto Liability - #1-091956.pdf 10.03.23 - Boynton Beach - Cyber - #1-091955.pdf 10.03.23 - Boynton Beach - Inland Marine - #1-092308.pdf 10.03.23 - Boynton Beach - Workers Comp - #1-092066.pdf 10.03.23 - Boynton Beach - Public Official - #1-091964.pdf 10.03.23 - Boynton Beach - Crime - #1-092370.pdf 384 RESOLUTION NO. R19- C) A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN A THREE YEAR AGREEMENT WITH THE GEHRING GROUP, INC., OF PALM BEACH GARDENS, FL FOR RFP NO. 0 1 7-1710-19/MFI) FOR INSURANCE, BROKER SERVICES IN THE ESTIMATED TOTAL THREE YEAR COST OF S2 10,000 FOR THE INITIAL PERIOD COVERING HJLY 3, 2019THRU3ULY 2,2022; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on May 14, 2019 City staff opened and tabulated three (3) proposals to RFJI No. 017-1 710-19/Ml,'I) for Insurance Brokerage Services; and WHEREAS, the proposals were reviewed by the evaluation committee and The Gehring GrOUJ) is recommended based on the evaluation criteria in the RFI); and WHEREAS, the Agreement is for three (3) years with two (2) one-year renewals with an increase of 2.5% for each renewal year; and WHEREAS, the City Commission of the City of Boynton Beach upon recommendation of staff', deerris it to be in the best interest of the citizens and residents to approve and authorize the City Manager to sign in Agreement with The Gehring Group, Inc., offlalm Beach Gardens, FL for RFP No. 017-1710-19/MLT) for Insurance Broker Services with an estimate three year cost of$21 0,000 for the initial period covering July 3, 2019 thrU July 2, 2022. NOW, THEREFORE, 13E IT' RESOLVED BY THE CITY COMMISSION OFTHE CITY OF BOYNTON BEACH, FLORIDA, TH AT: 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. , Fhe City Commission of the City of Boynton Beach, Florida, S \(.'A\R FSO\Ageem en ts'Ansurai ice Broker Services (Gchring) - Ides" (1()C.x 385 hereby approves and authorizes the City Manager to sign a three (3) year Agreement with The Gehring Group, Inc., ol'Palm Beach Gardens, FL for RFP No. 0 17-1710-1 9/MFD for Insurance Broker Set -vices with an estimate three year cost of $210,000 for the initial period covering July 3, 2019 thru July 2, 2022, a copy of the Agreement is attached hereto and incorporated herein as Exhibit "A". Section 3. That this Resolution shall become effective immediately. PASSED AND ADOPTED this day of 2019. Cl"FY OF BOYN'FON 13EACI 1, F1,0RIDA YES NO Mayor — Steven B. Grant Vice Mayor —.Justin Katz Commissioner — Mack McCray Commissioner — Christina L_ Rornelus Commissioner —Ty Penserga VOTFI, ATTE'ST: "Queenester Nieves Deputy City Clerk (Corporate Seal) S \(,'A\Rl�40\Agi-ceiiietits\liisui-aiice Broker Services (Gehring) - Reso d(.)cx I THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "the City", and The Gehring Group, Inc. hereinafter referred to as "the Broker", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. PROJECT DESIGNATION. The BROKER is retained by the City to perform INSURANCE BROKER SERVICES in connection with the project designated. 2. SCOPE OF SERVICES. Broker agrees to perform the services, identified on Exhibit "A" attached hereto and incorporated herein by reference, including the provision of all labor, materials, equipment and supplies. No modifications will be made to the original scope of work without the written approval of the City Manager or his designee. 3. TIME FOR PERFORMANCE. Work under this Agreement shall commence upon the giving of written notice by the City to the Broker to proceed. Broker shall perform all services and provide all work product required pursuant to this Agreement effective 2019. 4. TERM. This Agreement shall be for a period of three (3) years commencing upon the giving Agreement is executed' by the City, with optional renewals for two (2) one-year periods at the discretion of the City based on mutually agreed upon rates. 5. PAYMENT. The Broker shall be paid commissions by the appropriate insurance companies for coverage placement services provided to the City for services rendered under this Agreement as follows: a. The total contract price, $210,000, shall be the total amount of payment to Broker for services provided under this Agreement for the initial three (3) year term of the Agreement and $145,293.75 for optional years four (4) and five (5) itemized as follows: b. Payment as provided in this section shall be compensation for work performed and services rendered. c. The Broker's records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City and State for a period of three (3) years after the termination of the Agreement. Copies shall be made available upon request. 387 6. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and other materials produced by the Broker in connection with the services rendered under this agreement shall be the property of the City whether the project for which they are made is executed or not. The Broker shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with Broker's endeavors. 7. COMPLIANCE WITH LAWS. Broker shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this Agreement. 8. INDEMNIFICATION. Broker shall indemnify, defend and hold harmless the City, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including attorneys' fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to Broker's own employees, or damage to property occasioned by a negligent act, omission or failure of the Broker. 9. INSURANCE. The Broker shall secure and maintain in force throughout the duration of th" contract comprehensive general liability insurance with a minimum coverage of $1,000,0 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 p occurrence/aggregate for property damage, and professional liability insurance in th amount of $1,000,000 per occurrence to $2,000.000 aggregate with defense costs qddition to limits. I Said general liability policy shall name the City of Boynton Beach as an additional named insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this agreement. 10. INDEPENDENT CONTRACTOR. The Broker and the City agree that the Broker is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto, Neither Broker nor any employee of Broker shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or Social Security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to Broker, or any employee of Broker. 11. COVENANT AGAINST CONTINGENT FEES. The Broker warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Broker, to solicit or secure this contract, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Broker, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 12. DISCRIMINATION PROHIBITED. The Broker, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 13. ASSIGNMENT, The Broker shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 14. NON -WAIVER. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 15JERMINATION. a. The City reserves the right to terminate this Agreement at any time by giving thirty (30) days written notice to the Broker. b. In the event of the death of a member, partner or officer of the Broker, or any of its supervisory personnel assigned to the project, the surviving members of the Broker hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Broker and the City, if the City so chooses. 16. DISPUTES. Any disputes that arise between the parties with respect to the performance of this Agreement, which cannot be resolved through negotiations, shall be submitted to a court of competent jurisdiction in Palm Beach County, Florida. This Agreement shall be construed under Florida Law. 17. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: Lori LaVerriere, City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-031(t Notices to INSURANCE BROKER shall be sent to the following address: The Gehring Group, Inc. 4200 Northcorp Park�, Suite 185.. Palm Beach Gardens, Florida 33410 18. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the Broker and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both City and Broker. 19. 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. 389 The City is public agency subject to Chapter 119, Florida Statutes. The Broker shall comply with Florida's Public Records Law. Specifically, the Broker shall: A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Broker shall destroy all copies of such confidential and exempt records remaining in its possession once the Broker transfers the records in its possession to the CITY; and D. Upon completion of the contract, Broker shall transfer to the CITY, at no cost to the CITY, all public records in Broker's possession All records stored electronically by Broker 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. WIN IN M M a '1111101FAMI 561-742-6061 iiii! IF 1� By execution of this Agreement, Broker certifies that Broker is not participating in a boycott of Israel. Broker further certifies that Broker 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 Broker 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 Broker of the City's determination concerning the false certification. Broker 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, Broker 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 Broker does not demonstrate 4 390 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. DATED this day of Se:f, CA' C?Xyr�-\ e..X, ,2019. Lori LaVerriere, City Manager Signature of Authorized Official Attest/Authenticated: Title Pal Gibson, City Clerk Approved as to Form: Attest/AuthenticatELe Attorney THE GEHRING GROUP, INC. B r4swe-BIW-1 Secretary Attest/Authenticated: Cindy Thbmpson , Secretar 391 A t Z (C6 porftk'geal) A. IA Im pan . 'Qtj I Secretary Attest/Authenticated: Cindy Thbmpson , Secretar 391 EXHIBIT A ---------- ­­­ ------------- - ----------- WORKER'S COMPENSATION SERVICES INJURY MANAGEMENT 1:1 Assist with establishing written policies and procedures for workplace injuries El Assist with establishing incident and injury reporting procedures 1:1 Provide training and education to supervisors and employees regarding workers' compensation procedures and statutory requirements El Work with medical providers to implement consistent treatment and reporting policies El Provide service to assist management with initial claim assessment El Review injuries within forty-eight (48) hours of occurrence upon request 1:1 Assist with establishing written policy and assignment of "light duty" El Act as liaison to adjuster to review treatment, MMI assessment and release to "full duty" El Assist in open claims review meetings with carrier or Third -Party Administrator to ensure efficient and expeditious resolution. . ...... . .................. . ...................................................... --1-11 . ...... . ....... . . . ...... LEGAL ADMINISTRATION SUPPORT El Assist in production of records to claimant counsel El Act as liaison to claimant attorney and carrier assigned counsel as needed 0 Assist with mediation following through to claim settlement as needed ............................... . ...... ..... ...... . .... - ------ ....... . ............................................... . ........... . . .. . . . ....................... . .... . ........ - SAFETY PROGRAMS El Provide written safety procedure templates as requested 0 Provide safety training and education to supervisors & employees 1:1 Conduct monthly/quarterly departmental safety meetings as required El Provide literature and topics for monthly safety meetings 0 Assist with updating safety programs as necessary El Participate and assist with on-site safety inspections El Act as liaison to safety/loss control inspections with outside examiners 0 Provide research and recommendations regarding safety incentive programs El Write safety incentive program and present to management El implement safety incentive program . . .. . ... . . . ... . . . .. . . ............................... . ... . ... ......... . . . ..... . ................................... . ... . ... .... .... . ... . . ANALYTICAL SERVICES 0 Produce annual audit, based on actual payroll and exposure El Provide projected workers' compensation costs for budgetary purposes El Review quarterly losses and aid in the assessment of reserves with adjuster as necessary El Produce RFP for workers' compensation coverage El Evaluate RFP submittals consistent with the needs of the City El Prepare final written recommendation for coverage E] Present evaluation recommendation to management and staff . . . . . . . . ................. . ...... _­.__­­____.__..._­ .. ............. _­........__­_._._...__. . ... .... ---- - -- ­­­ . . . ... ................ . . 1-11-1-11".... . . . . ... . . ................ . . . . . . . ..................... 392 . ............ . ............. . ... .................... . . ......................... . . ............... ............. . .. . . . .. . . ........................... ................ ..... ...... ..... ...... ... . .. . ------ -- - -- -__ _ --- PROPERTY, CASUALTY & LIABILITY SERVICES CLAIM AND LOSS MANAGEMENT Assist with establishing written policies and procedures for losses, incident investigations, accidents and liability claims 11 Assist with establishing property loss, incident and accident reporting procedures 11 Provide training and education to management regarding reporting procedures 0 Work with adjusters, appraisers and investigators to research and assess claims 1:1 Provide service to assist management with initial claim and loss assessment FJ Review accidents and incidents within forty-eight (48) hours of occurrence upon request El Assist in claim filing and notification to carrier El Act as liaison to adjuster to facilitate closing of claim D Assist with open claims review meetings with carrier or TPA to ensure expeditious resolution . . . . ............. . . .... . ............... . ............ . ......... - - - - __- - - . .... . .... . ....... . .......... LEGAL ADMINISTRATION SUPPORT El Assist in production of records to claimant/plaintiff counsel El Act as liaison to claimant/plaintiff attorney and carrier assigned counsel as needed n Assist with compilation of Requests to Produce F.] Assist with mediation following through to claim settlement rTRO LOSS CONTROL PROGRAMS ­­­" ' - - - - — - -- - ------ ----- ---------------------------------- — - - - - - - - - - ­ - --------------------------------------- . ................ El Provide written loss control policies and procedure templates El Provide loss control training and education to management and supervisory staff 0 Update loss control programs as necessary 0 Participate and assist with on-site loss control inspections I.".] Act as liaison to loss control inspections with outside examiners . ......... . .... . .......... .................. . . . . ... .... . ................. - - - - - --- -- --- ­_­­­­______ . ...... .. . ....................... ANALYTICAL SERVICES El Assist with production of annual audit, based on actual budget, schedules and exposure [I Provide projected coverage costs for budgetary purposes El Review quarterly losses and assess reserves with adjuster as necessary El Assist with annual property appraisals El Review contracts for coverage sufficiency 0 Assist with compilation of property schedules El Produce RFP for property, casualty and liability coverage • Evaluate RFP submittals consistent with the needs of the City • Prepare final written recommendation for coverage 11 Present evaluation recommendation to staff CLIENT EDUCATION El Client attendance at Gehring Group Public Sector Insurance, Education and Excellence Summit E] Client networking and roundtable discussions El Onsite/offsite training, seminars and other education opportunities ____ ..... . ......... ........ ....... . . .. . .... . .... . ............. . . ......... 393 3500 Kyoto Gardens Dr Palm Beach Gardens, FL 33410 Tel: (561) 626-6797 Fax: (561) 626-6970 To: Boynton Beach, City of Attn: Richard Ignoffo 100 E. Boynton Beach Blvd Boynton Beach, FL 33435 Customer Dat o,, B0123 10/03/23 Desc ipflon Premium Due: Law Enforcement Liability Preferred Governmental Insurance Trust Policy Period: 10/01/2023 - 10/01/2024 Policy #: PX FL10502003 23-01 Commission 3.06% INVOICE DUE UPON RECEIPT Invoice Total Please make checks payable to: Gehring Group, Inc. Mail Payment To: 3500 Kyoto Gardens Dr., Palm Beach Gardens, FL 33410 Inv. No. 1-091961 Cha rge::a $168,296.56 $5,312.44 $173,609.00 394 CMA ( EHRING`' FrA G R 0 U P A DIVISION OF RISK STRATEGIES 3500 Kyoto Gardens Dr Palm Beach Gardens, FL 33410 Tel: (561) 626-6797 Fax: (561) 626-6970 To: Boynton Beach, City of Attn: Richard Ignoffo 100 E. Boynton Beach Blvd Boynton Beach, FL 33435 Customer Dat o,, B0123 10/03/23 Desc ipflon Premium Due: General Liability Preferred Governmental Insurance Trust Policy Period: 10/01/2023 - 10/01/2024 Policy #: PX FL10502003 23-01- 01 Commission 3.06% INVOICE DUE UPON RECEIPT Inv. No. 1-091960 Cha rge::a $36,933.17 $1,165.83 Invoice Total: $38,099.00 Please make checks payable to: Gehring Group, Inc. Mail Payment To: 3500 Kyoto Gardens Dr., Palm Beach Gardens, FL 33410 395 3500 Kyoto Gardens Dr Palm Beach Gardens, FL 33410 Tel: (561) 626-6797 Fax: (561) 626-6970 To: Boynton Beach, City of Attn: Richard Ignoffo 100 E. Boynton Beach Blvd Boynton Beach, FL 33435 Customer Dat o,, B0123 10/03/23 Desc ipflon Premium Due: Commercial Property Preferred Governmental Insurance Trust Policy Period: 10/01/2023 - 10/01/2024 Policy #: PX FL10502003 23-01- 01 Commission 3.06% INVOICE DUE UPON RECEIPT Invoice Total Please make checks payable to: Gehring Group, Inc. Mail Payment To: 3500 Kyoto Gardens Dr., Palm Beach Gardens, FL 33410 Inv. No. 1-091958 Cha umge::.a $1,585,445.94 $50,046.06 $1,635,492.00 396 C. EHRING` FrA G R 0 U P A DIVISION OF RISK STRATEGIES 3500 Kyoto Gardens Dr Palm Beach Gardens, FL 33410 Tel: (561) 626-6797 Fax: (561) 626-6970 To: Boynton Beach, City of Attn: Richard Ignoffo 100 E. Boynton Beach Blvd Boynton Beach, FL 33435 Customer Dat o,, B0123 10/03/23 Desc ipflon Premium Due: Auto Physical Damage Preferred Governmental Insurance Trust Policy Period: 10/01/2023 - 10/01/2024 Policy #: PX FL10502003 23-01- 01 Commission 3.06% INVOICE DUE UPON RECEIPT Inv. No. 1-091957 Charge::.: $29,918.59 $944.41 Invoice Total: $30,863.00 Please make checks payable to: Gehring Group, Inc. Mail Payment To: 3500 Kyoto Gardens Dr., Palm Beach Gardens, FL 33410 397 3500 Kyoto Gardens Dr Palm Beach Gardens, FL 33410 Tel: (561) 626-6797 Fax: (561) 626-6970 To: Boynton Beach, City of Attn: Richard Ignoffo 100 E. Boynton Beach Blvd Boynton Beach, FL 33435 Customer Dat o,, B0123 10/03/23 De sc ipflon Premium Due: Auto Liability Preferred Governmental Insurance Trust Policy Period: 10/01/2023 - 10/01/2024 Policy #: PX FL10502003 23-01- 01 Commission 3.06% INVOICE DUE UPON RECEIPT Invoice Total Please make checks payable to: Gehring Group, Inc. Mail Payment To: 3500 Kyoto Gardens Dr., Palm Beach Gardens, FL 33410 Inv. No. 1-091956 Cha rge::a $116,872.80 $3,689.20 $120,562.00 398 C. GEHRING` nFrA G R 0 U P A DIVISION OF RISK STRATEGIES 3500 Kyoto Gardens Dr Palm Beach Gardens, FL 33410 Tel: (561) 626-6797 Fax: (561) 626-6970 To: Boynton Beach, City of Attn: Richard Ignoffo 100 E. Boynton Beach Blvd Boynton Beach, FL 33435 Customer Dat o,, B0123 10/03/23 Desc ipflon Premium Due: Cyber Security (Network Security) Preferred Governmental Insurance Trust Policy Period: 10/01/2023 - 10/01/2024 Policy #: PX FL10502003 23-01- 01 Commission 3.06% INVOICE DUE UPON RECEIPT Inv. No. 1-091955 Cha rge::a $5,142.67 $162.33 Invoice Total: $5,305.00 Please make checks payable to: Gehring Group, Inc. Mail Payment To: 3500 Kyoto Gardens Dr., Palm Beach Gardens, FL 33410 399 CZ(EHRING`p' G R 0 U P A DIVISION OF RISK STRATEGIES 3500 Kyoto Gardens Dr Palm Beach Gardens, FL 33410 Tel: (561) 626-6797 Fax: (561) 626-6970 To: Boynton Beach, City of Attn: Richard Ignoffo 100 E. Boynton Beach Blvd Boynton Beach, FL 33435 Customer Dat o,, B0123 10/01/23 Desc ipflon Premium Due: Commercial Inland Marine Preferred Governmental Insurance Trust Policy Period: 10/01/2023 - 10/01/2024 Policy #: PX FL10502003 23-01 Commission 3.06% INVOICE DUE UPON RECEIPT Inv. No. 1-092308 Cha umge::.a $4,759.75 $150.25 Invoice Total: $4,910.00 Please make checks payable to: Gehring Group, Inc. Mail Payment To: 3500 Kyoto Gardens Dr., Palm Beach Gardens, FL 33410 400 3500 Kyoto Gardens Dr Palm Beach Gardens, FL 33410 Tel: (561) 626-6797 Fax: (561) 626-6970 To: Boynton Beach, City of Attn: Richard Ignoffo 100 E. Boynton Beach Blvd Boynton Beach, FL 33435 Customer Dat o,, B0123 10/03/23 De sc iptuon Premium Due: Workers Compensation Preferred Governmental Insurance Trust Policy Period: 10/01/2023 - 10/01/2024 Policy #: PX FL10502003 23-01- 01 Commission 3.06% INVOICE DUE UPON RECEIPT Inv. No. 1-092066 Cha rge::a $275,821.44 $8,706.56 Invoice Total: $284,528.00 Please make checks payable to: Gehring Group, Inc. Mail Payment To: 3500 Kyoto Gardens Dr., Palm Beach Gardens, FL 33410 401 C. EHRING' FrA G R 0 U P A DIVISION OF RISK STRATEGIES 3500 Kyoto Gardens Dr Palm Beach Gardens, FL 33410 Tel: (561) 626-6797 Fax: (561) 626-6970 To: Boynton Beach, City of Attn: Richard Ignoffo 100 E. Boynton Beach Blvd Boynton Beach, FL 33435 Customer Dat o,, B0123 10/03/23 Desc ipflon Premium Due: Public Officials Liability Preferred Governmental Insurance Trust Policy Period: 10/01/2023 - 10/01/2024 Policy #: PX FL10502003 23-01 Commission 3.06% INVOICE DUE UPON RECEIPT Inv. No. 1-091964 Cha umge::.a $89,757.72 $2,833.28 Invoice Total: $92,591.00 Please make checks payable to: Gehring Group, Inc. Mail Payment To: 3500 Kyoto Gardens Dr., Palm Beach Gardens, FL 33410 402 GEHRING G R 0 U P A DIVISION OF RISK STRATEGIES 3500 Kyoto Gardens Dr Palm Beach Gardens, FL 33410 Tel: (561) 626-6797 Fax: (561) 626-6970 To: Boynton Beach, City of Attn: Richard Ignoffo 100 E. Boynton Beach Blvd Boynton Beach, FL 33435 Customer Dat o,, B0123 10/03/23 Desc ipflon Premium Due: Crime Preferred Governmental Insurance Trust Policy Period: 10/01/2023 - 10/01/2024 Policy #: PX FL10502003 23-01 Commission 3.06% INVOICE DUE UPON RECEIPT Invoice Total Please make checks payable to: Gehring Group, Inc. Mail Payment To: 3500 Kyoto Gardens Dr., Palm Beach Gardens, FL 33410 Inv. No. 1-092370 Cha rge::a $934.50 $29.50 $964.00 403 7.D Consent Bids and Purchases over $100,000 11/7/2023 City of Boynton Beach Agenda Item Request Form Meeting Date: 11/ 7/2023 Amendment No. 1 for Purchase Order 220936 (Task Order UT -3D-06) with Baxter & Woodman, Inc. for additional engineering services to support construction of the Dimick Road and Potter Road Utility stormwater and water infrastructure Improvements. Requested Action: Approve Amendment 1 to PO 220936 (Task Order UT -3D-06) with Baxter & Woodman, Inc. in the amount of $82,520.08 for additional engineering services to support construction of the Dimick Road and Potter Road Utility stormwater and water infrastructure improvements increasing the contract to $254,389.08 in accordance with RFQ No. 046-2821-17/TP, General Consulting Services Contract, Scope Category D awarded by City Commission on August 7, 2018, renewed on August 16, 2022 - August 15, 2023. On May 16, 2023, by Resolution R23-060, Commission approved the Agreement extension for no longer than 180 days (February 16, 2024). Explanation of Request: Boynton Beach Utilities is utilizing the General Consulting Services Contract (RFQ No. 046- 2821-17/TP) to support implementation of the Utilities Capital Improvement Projects. Baxter & Woodman, Inc. is the engineer of record and is providing engineering services during construction for the Dimick Road and Potter Road utility stormwater and water infrastructure improvements in the Lakeside Gardens neighborhood located east of Federal Highway and adjacent to the Intracoastal Waterway. The Lakeside Gardens area is prone to flooding with water ponding during minor rainfall events to severe flooding during extreme rainfall events. Additionally, high tides during spring and King tides during the fall season create a nuisance that affect the resident's daily lives. On October 18, 2022 City Commission approved staff recommendation to Award of Bid No. UTL22-036 to the lowest responsive and responsible bidder, B&B Underground Construction Inc. with a Bid amount of $ 2,645,441,75. 404 Since the initial bid and notice to proceed for construction, the gravity sanitary clay pipe in the neighborhood was found to be in need of replacement as it is reaching end of life and can no longer be lined. It is more efficient and a cost saving for the Utility to replace the sanitary sewer system at the same time as the stormwater and water infrastructure system improvements. The Change Order needed to replace the sanitary sewer pipe increases the contract time by 65 days and cost by $246,159.68. The initial construction completion date for this project was April 2024, and with the additional sanitary sewer replacement scope of work, the construction is projected to be completed by June 2024. The projected completion date doesn't include additional delays due to weather or unexpected field conditions. Baxter & Woodman, Inc., the engineer of record, will continue to provide engineering, construction management, and part-time inspection services. Besides additional time, the change in scope also is projected to increase the cost of the project. The increase to PO 220936 is as follows: PO 220936 $171,869.00 Amendment 1 $ 82,520.08 Total $254,389.08 How will this affect city programs or services? The project addresses existing Lakeside Gardens neighborhood drainage issues. The project will result in an improved level of service to the neighborhood to reduce flooding and provide improved ingress/egress during minor and major storm events. In addition, the existing water mains and gravity sanitary line are being replaced, resulting in improved level of service and fire protection for the neighborhood. Fiscal Impact: Funds for the project are available in the Utilities CIP accounts. Increase by $82,520.08. Attachments: 405 Lakeside Gardens Baxter -Woodman Scope Amendment 1 20231012.pdf Baxter -Woodman PO 220936.pdf Lakeside Gardens Drainage Improvements Project Area Map.pdf 406 Task Order No. UT -3D-06, Supplement No. 1 Baxter and Woodman, Inc. For City of Boynton Beach Lakeside Gardens Improvements Engineering Services October 12, 2023 This Task Order Supplement No. 1, when executed, shall be incorporated in and become an integral part of the Agreement for professional services between the City of Boynton Beach (City), Florida and Baxter & Woodman, Inc. (Consultant), dated August 20, 2018, hereafter referred to as the Agreement. BACKGROUND The City selected Consultant to provide engineering services in support of the "Dimick and Potter Utility Stormwater and Water Improvements (Lakeside Gardens Drainage Improvements Phase 1)" (Project) that included successor engineering, constructability review, value engineering, permitting, bidding assistance, and construction management and part-time inspection services. The project is now under construction. The City has requested that Consultant provide additional engineering services in support of the Project that was not included in the original scope of work. Consultant has provided additional Construction Services and Resident Project Representative beyond the original intended scope of work. The budgeted hours for Construction Services and Resident Project Representative have been exceeded to assist the City to maintain a high level of service that is more representative of full time support during construction. This supplement includes an adjust to the monthly budget that is more in-line with the efforts provided to date, extended to the end of the original anticipated construction contract of 12 months. The City has approved Project Change Order No. 1 that includes the replacement of all existing gravity sanitary sewer mains along Dimick Road, Potter Road, and North Lake Drive. The additional work will require a contract extension of 65 days. Consultant will provide additional services to support Change Order No. 1, adjusted based on the efforts provided to date. The additional engineering services requested by the City of the Consultant is for the CCTV inspection of the existing 30 -inch outfall pipe (approximately 175 linear feet including stormwater structures #OS3 and OS3A) (Pipe) located at the intersection of Dimick Road and North Lake Drive that discharges to the Florida Intracoastal Waterway (ICW). An in-line check valve and manatee grate are located on the discharge end of the Pipe. The City also requested recommendations regarding the findings as well as recommendations for future maintenance of in-line check valves. SCOPE OF WORK The following is a description of the Additional Scope of Services to be provided under this Task Order No. UT -3D-06, Supplement No. 1, Consultant shall provide engineering services for the "Lakeside Gardens Engineering Services" project: 10/12/23 1 Baxter & Woodman, Inc. 407 10/12/23 Task 5 — Construction Services (Additional Services) Consultant shall provide additional services for Limited Construction Administration and Part Time Construction Inspections at the level of effort requested by the City that has been above the intent of the original contract and include the 65 -day extension to the project under construction contract Change Order No. 1. Limited Construction Engineering Services are as identified and further detailed below: Task 5.3 Progress Meetings (Additional Services): Construction Manager shall attend monthly construction progress meetings with the City and Contractor with an agenda and written summary of the issues discussed. Monthly Progress meetings will be conducted by the Construction Manager with the Inspector's also in attendance depending on work activities. The Formal Monthly Progress Meetings will be held at the City facilities. Two (2) additional progress meetings are included in the budget for this task. Task 5.4 Construction Clarifications/Daily Communication (Additional Services): Respond in writing to Contractor's Request for Information (RFI) regarding design documents during the construction period. Construction Manager shall issue interpretation and clarifications of the Contract Documents along with associated support materials as requested by the Contractor. Those interpretations will be rendered and a response prepared and submitted to the Contractor within a targeted time frame of 5 working days. This subtask also includes the necessary day-to-day communications with Contractor and City for coordination of the construction activities for the construction timeframe. Original contract assumed an average of 24.3 hours per month of Construction Manager/Engineer Technician time for a total of 292 hours over 12 months. Consultant has been providing an average of 30 hours per month of Construction Manager/Engineer Technician time. By the 10"' month of construction (November 2023) the 292 hours will be expended. The contractor's schedule shows a final completion of June 17, 2024. The supplemental hours requested are as follows: December 1, 2023 to June 17, 2024 6.5 Months * 30 Hours = 195 Hours Task 5.7 Resident Project Representative Phase (Additional Services): Consultant shall provide One (1) Part Time Inspector during construction of the work for the construction contract. Activities performed by Consultant under this task consist of furnishing a Part Time Inspector during the construction of the project, to observe the quality of the construction work, and to determine, in general, if the construction is proceeding in accordance with the Contract Documents. Original contract assumed an average of 41 hours per month of Inspector time for a total of 410 hours over 10 months. Consultant has been providing an average of 41 hours per month of Inspector time. 2 Baxter & Woodman, Inc. 408 10/12/23 The supplemental hours requested are as follows: 65 day extension for Change Order No. 1 2 Months * 41 Hours = 82 Hours Task 7 — CCTV Inspection Consultant shall perforin a CCTV inspection of the existing Pipe. Consultant shall review and assess the information collected by CCTV to provide an analysis of the existing condition of the pipe and provide recommendations for rehabilitation should they be necessary. In general, the work shall include the following: • Remove the manatee grate. • Isolate and dewater the Pipe. • Clean/de-silt the Pipe. • CCTV the Pipe. • Review condition of the manatee grate and in-line check valve. • Reinstall and secure manatee grate and in-line check valve. • Analyze the CCTV recording • Develop a technical memorandum (TM) based on the analysis of the CCTV recording with recommendations and preliminary costs for rehabilitation. Task 7.1 CCTV: Consultant shall contract with a sub -contractor to physically perform the CCTV work including removing and replacing the manatee grating and in- line check valve, isolating, dewatering, cleaning, and CCTV recording. The video shall be provided to the City within 48 hours of work completion. Task 7.2 Check Valve O&M: Consultant will coordinate with the in-line check valve manufacturer to confirm recommended maintenance cycles and procedures for the in-line check valve operation. Task 7.3 Technical Memorandum: Consultant shall prepare a TM that provides an analysis of the condition of the Pipe based on the CCTV recording and effectiveness of the Pipe based on hydraulic modeling. The TM shall include recommendations for the rehabilitation of the Pipe, a preliminary cost estimate, and recommended operation and maintenance for the Pipe. A DRAFT TM will be submitted to the City in electronic (.pdf) format for review. The City shall provide comments to the Consultant where a DRAFT TM review meeting will then be scheduled within 48 hours. Based on the City's comments from the review meeting, a FINAL TM will be prepared by the Consultant and submitted to the City in .pdf format. Task 7.4 Standard Operating Procedure (SOP): Consultant shall prepare a SOP that provides the recommended maintenance procedures and maintenance schedule for each outfall pipe along North Lake Drive within the vicinity of the Lakeside Gardens 3 Baxter & Woodman, Inc. 409 10/12/23 Drainage Improvement (Phase 2) project. The outfalls include the following from north to south: • 30" RCP — North Lake Drive and Dimick Road • 6" PVC - North Lake Drive and Potter Road • 36" RCP - North Lake Drive and Potter Road • 12" CMP - North Lake Drive and Potter Road • 18" RCP - North Lake Drive • 6" PVC - North Lake Drive A DRAFT SOP will be submitted to the City in electronic (.pdf) format for review. The City shall provide comments to the Consultant where a DRAFT SOP review meeting will then be scheduled within 48 hours. Based on the City's comments from the review meeting, a FINAL SOP will be prepared by the Consultant and submitted to the City in .pdf format. Task 7.5 Meetings: Consultant shall attend (2) meetings, a kick-off meeting, and a DRAFT TM and DRAFT SOP review meeting. Comments shall be provided by the City on the DRAFT TM and DRAFT SOP 48 hours in advance of the review meeting. Allowance — Manhole CM -1 Modification Consultant shall provide engineering, construction, and resident project representative services to support the modification to the existing manhole CM -1 that is located at the driveway to Casa del Mar at the intersection of Dimick Road and North Lake Drive. CM - 1 is an existing stormwater conflict structure with an existing 8" gravity sanitary sewer ductile iron pipe running through it. The City desires to modify CM -1 by placing a steel casing over the gravity sanitary sewer carrier pipe. Consultant will design the modification and provide a draft pdf drawing to the City for review. Consultant will issue a final pdf drawing based on the City's comments. The final pdf drawing will be issued to the Contractor as a Change Order. Consultant will administrate the Change Order and the Resident Project Representative will observe and document the construction of the modifications to CM -1. 4 Baxter & Woodman, Inc. 410 ASSUMPTIONS Work described herein is based upon the assumptions listed below. If conditions differ from those assumed in a manner that will affect schedule of Scope of Work, Consultant shall advise City in writing of the magnitude of the required adjustments. Changes in completion schedule or compensation to Consultant will be negotiated with City. 1. City will assist Consultant with in -field verification of affected existing City facilities by providing access to infrastructure as necessary. 2. Consultant will not be responsible for the acquisition of additional easements that may be required to perform the work described herein. All existing and proposed infrastructure improvements are or will be within City of Boynton Beach rights-of-way. 3. City staff shall be responsible for performing field inspections when Consultant is not available due to the limited nature of Consultant's contract for Resident Project Representative. 4. Consultant assumes that there are no contaminated soils or groundwater in the project area. 5. Consultant will be responsible for obtaining any required dewatering permits. 6. City will provide Consultant with the make and model of all backflow preventers for existing outfalls. 7. Consultant shall prepare the SOP assuming all outfall pipes and appurtenances are in working condition. 8. Consultant shall prepare the SOP for the outfall pipes from the terminal stormwater stricture our pump out connection to the outfall only. 9. Consultant is only preparing a condition assessment for the 30" outfall at Dimick Road and North Lake Drive. 10/12/23 5 Baxter & Woodman, Inc. 411 TIME OF PERFORMANCE Refer to Attachment for the project schedule. COMPENSATION The compensation for services provided shall be billed on an hourly basis plus reimbursable expenses for each task up to the following not to exceed cost for each task. Refer to Attachment B for budget summary. Engineering Services Estimated Fees Task 5 — Construction Services (Additional Services) $ 32,478.00 Task 7 - CCTV Inspection $ 39,542.08(') Allowance — Manhole CM -1 Modification $ 10,000.00 Reimbursable Expenses $ 500.00(2) TOTAL PROJECT COST $ 82,520.08 Notes: (1) Includes Consultant and sub -consultant (x 1.1 multiplier) fees. (2) Out -of -Pocket Expenses include the,following: printing/reproduction, mileage, andpostage. 10/12/23 Baxter & Woodman, Inc. 412 El r— CII) T" Re et 04 04 N 2 4) U - et C,4 4) 41 04 4) O E Cl) > 0 Z 4) Cl) Cl) .0 C,6 0 > > r- c C*4 u W w U .14 44Jf W 44 he be Z F- H F- F- F— F— r— CII) T" Re w 0 M N N O m LOLO O O O 0 41) H H (0 OO W W W N O (00 W LO C) O M N c0 V -It I� N CU ~ J N M EA 6s 6s e4 EA L6 Eii 6 efi EA OD 't cc C O gGH jg E O iO 0 0 CD U Q r- ❑ ccoi o 00 ❑ � Cv Qco v v � g D = CD n O coN00 c0 a C C gi3 H) (6 C O C N M O O �j � �..� O � I -cm c 0 _CN Co U w ~ U 1 O �6 N O gj M LU � (3) o O O O g i o M .O 6) Lo 3 O 37g N M N O to� O C LuLO C3) C� LO N N j V V M W V V N N a o j (0 N O LO W 00' o 00 N C O O EA pp M 7.0111 r O]'', C' O NO In C a` w � F[' M, O N m m o .�i m co u 7 Ogig O (n N -o 10 2 ° ¢ I O 9 a m m CC) r a co C) 3 N E U p H C a .0 i vQ m a1 asw Y_n?''I W O Q rn c@ o o a F''', r w o s m �1 fA U° O 06 O o@ E x U a U a o a a o o m cm m p o ❑ ?co U U CO CO O' m a ii > L)L o o c U U '', 3 E d F UaUm UUUF0)� �� (D W:: QOC a` 0 M N N O PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST OCEAN AVE P.O. BOX 310 P.O. #: 220936 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 01/28/22 VENDOR 16248 SHIP TO: TO: BAXTER & WOODMAN INC City of Boynton Beach 477 S. ROSEMARY AVE. PAST UTILITY ADMIN SUITE 330 124 E. WOOLBRIG14T ROAD WEST PALM BEACH, FL 33401 BOYNTON BEACH, FL 33435 REQUISITION NO, ORDERING DEPARTMENT: DATE NEEDED: x CONTRACT NO. 046282117 COMMISSION APPROVED: EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 171869.00 DL TASK 1 -SUCCESSOR ENGINEERING 1.0000 171869.00 Task 2- Constructability Review & Final Design Task 3- Permitting Task 4- Bidding Assistance. Task 5.- Construction Services Task 6= Public Outreach Coord During Construction Reimbfik.sable: E -x erase REMAR.IfS :" Baxter &.-Woodman TAS' -k order# UT -3D-06 ('Slope D) Dimick and' Potter Road Utility Stormwatipt: a:(id Water Improvements. This task order is to;ptovide engineering, permit.ting,,bidding and construction services for Dibizk an otter Koad neih 'hood I * g ­bpr improvements. General Consulting Serviq'e.Iq,:. Agreement -for�.the'%City of Boynton beach was, approved by'commissi6n on.Au gust 7,, 201.8 :and reviewed August 3, 2021 RFQ# 046­2821-;1!/TP.. Commission approved Task order 6n'12/7/2021. PROCUREMENT SERVICES: FLORIDA STATE S A' "I- E -S" -T- 'A'—X-E X" —EM- P" T"Ib"IN111111, IMPORTANT INSTRUCTIONS CERTIFICATE NO. 85-8012621644C-0 OUR PURCHASE ORDER NUMBER MUST APPEAR PACKAGES, TICKETS, INVOICES, STATEMENT THE CITY OF BOYNTON BEACH IS EXEMPT FROM I CORRESPONDENCE. FEDERAL EXCISE TAXES: WHERE TAX APPLIESj INVOICE MUST SHOW GROSS PRICE, AMOUNT OF THE MAIL INVOICES TO: TAX, AND NET PRICE. EXEMPTION CERTIFICATE WILL FINANCIAL SERVICES DEPARTMENT BE FURNISHED UPON REQUEST. P.O. BOX 310 BOYNTON BEACH, FL 33425-0;310 ORIGINAL P.O. irOTAL, 171869.00 1 -RENDER SEPARATE INVOICE -FOR THIS -- ORDER OR FOR EACH SHIPMENT THEREON S ON ALL AND IMMEDIATELY FOLLOWING SHIPMENT. 2PREPAID FREIGHT CHARGEABLE TO THE CITY OF BOYNTON BEACH MUST BE SUPPORTED BY CARRIER'S RECEIPT. 3JNVOICES AND STATEMENTS SUBJECT ....... L _T0 CAS DI COUNT SPEC IED HEREON 415 7.E Consent Bids and Purchases over $100,000 11/7/2023 City of Boynton Beach Agenda Item Request Form Meeting Date: 11/ 7/2023 Quicklime purchase for East Water Treatment Plant Requested Action: Approve the annual expenditure in the amount of $550,000 for Quicklime from Lhoist North America of Alabama, LLC from the Southeast Florida Governmental Purchasing Cooperative Group Contract. The City of Tamarac is the Lead Agency that issued Bid No. 23-36B. The City of Boynton Beach is a participating cooperative group agency. Explanation of Request: Contract Period: November 1, 2023 — October 31, 2026 with one (1) additional three-year renewal term. The Utilities Department utilizes Quicklime at the East Water Treatment Plant to soften drinking water in accordance with the Safe Drinking Water Act. The City of Boynton Beach participates in the SE Florida Governmental Purchasing Cooperative Group to secure goods and services at competitive pricing due to the quantities required for multiple municipalities. In addition, the cooperative purchasing allows of the participating cities to seek economies of scale. The City of Tamarac, as the lead agency, issued and awarded Bid No. 23-36B to Furnish, Deliver, and Discharge of Quicklime for an initial three (3) year term with one (1) additional three year renewal option. How will this affect city programs or services? This product is necessary for drinking water treatment. Fiscal Impact: This approval will have a planned fiscal impact of $550,000 as budgeted for Quicklime. Attachments: Quicklime_Contract Award_for Co-op_Web-site_2023.pdf 417 Southeast Florida Governmental Purchasing Cooperative Group CONTRACT AWARD Please complete each of the applicable boxes and submit with bid documents, award notices and tabulations to RWhitcomb@greenacresfl.gov for placement on the NIGP SEFL website Cooperative contract page. PAGE 1 OF 2 BID/RFP No. 23-36B Description/Title: Furnish, Deliver and Discharge of Quicklime Initial Contract Term: Start Date: November 1, 2023 End Date: October 31, 2026 Renewal Terms of the Contract: 1 Renewal Options for 3 Years (No. of Renewals) (Period of Time) Renewal No. Start Date: End Date: Renewal No. Start Date: End Date: Renewal No. Start Date: End Date: SECTION #1 VENDOR AWARD Vendor Name: Lhoist North America of Alabama, LLC Vendor Address: 5600 Clearfork Main Street, Suite 300, Fort Worth, TX 76109 Contact: Dale James, Florida Sales Manager or Elizabeth Hart. FL Sales Coordinator Phone: (863) 698-8769 (Orders) & (877) 644-9010 Fax: (863) 644-9030 Cell/Pager: (314) 614-4950 Email Address: dale.james@lhoist.com/elizabeth.hart@lhoist.com Website: http://www.Ihoist.com FEIN: 63-1002780 VENDOR AWARD Vendor Name: Carmeuse Lime and Stone, Inc. (City of Hollywood Hi Cal Granular Lime Only) Vendor Address: 11 Stanwix St., 21 st Floor, Pittsburgh, PA 15222 Contact: Inside Sales Phone: (866) 780-0974 Fax: Cell/Pager: Email Address: salesinquiries@carmeuse.com Website: http://www.carmeuse.com FEIN: 25-1254420 418 VENDOR AWARD Vendor Name: Vendor Address: Contact: Phone: Cell/Pager: Website: VENDOR AWARD Vendor Name: Vendor Address: Contact: Phone: Cell/Pager: Website: VENDOR AWARD Vendor Name: Vendor Address: Contact: Phone: Cell/Pager: Website: Ir" N/A N/A PAGE 2OF2 Fax: Email Address: FEIN: Fax: Email Address: FEIN: Fax: Email Address: FEIN: SECTION #2 AWARD/BACKGROUND INFORMATION Award Date: October 11, 2023 Resolution/Aeenda Item No.: R-2023-122 Insurance Required: Yes X No Performance Bond Required: Yes No X SECTION #3 Agency Name: Agency Address: Agency Contact: Telephone: LEAD AGENCY City of Tamarac 7525 NW 88th Avenue, Room 108 Rhonda Kaplan, PPA Email Rhonda.kaplan@tamarac.org (954) 597-3566 Fax: (954) 597-3565 419 City of Tamarac Interoffice Memorandum Financial Services Department PURCHASING DIVISION To: LeventSucuog|U,City Manager From: Keith K.Glatz,Purchasing & Contracts Manager Thru: Christine l C'uatm, Director mfFinancial Services Date: September 25,2O2J Re: Temp Reso #14019 — Award of Agreement — Bid #23-36B, "Furnish, Deliver and Discharge of Quicklime" The Director of Public Services and Purchasing and Contracts Manager recommend placement of the above referenced item on the consent agenda of the October 11, 2023 Commission meeting, authorizing the award of an Agreement for an initial three (3) year term effective November 1, 2023 through October 31.2O26.with one (1)additional three (3)year renewal option for Quicklime purchased from LhUistNorth 80ar|oo of &|aUanoo` LL[ (Lho|aU for the Qty of |a[narac, and twenty-three (23) oUd|UVDa| member agencies of the Southeast Florida Governmental Purchasing Cooperative (Co-op); and C8[DleUsnLimoe and Stone Inc. for high ca|dV0 granular quicklime on behalf ofone entity in the Co-op. The existing agreement with Lhoiatfor the Qty and the GE Florida Governmental Purchasing {}o -op; as well as aDexisting agreement with Ca[[OeUGeLime and Stone is set b]expire VVOctober 31.2O23. New bid #23-3OBwas recently solicited, and aDaward needs tnbeapproved sothat the City will have Bvendor to furniah, deliver and discharge quicklime at the City's Water Treatment Plant. The City utilizes quicklime in the Public Services Water Treatment Plant. The current agreement with LhOiatvvi|| expire on October 31. 2023' and due to some requested industry -wide market structural changes, vvewere unable tOexercise any 0fthe original contract renewal options. The current Agreement has been based onvarious federal and industry indices, providing for quarterly price adjustments. Asa result ofsignificant supply Chain issues which occurred during the pandemic and since that time, the indices were not able to compensate for radical changes that were occurring in the industry, as well in the transportation industry as aresult ofvolatility particularly incost Vffuel. After much discussion with firms in the industry, it was determined that the use of a fixed annual price could be more easily accommodated by industry based on our discussions with the primary vendors who normally bid on this Agreement. Accordingly, the City issued Bid number 23-36B "Furnish, Deliver and Discharge of Quicklime" on August 16. 2023. which was advertised inthe South Florida Sun Sentinel on August 19' 3023. and was posted ODthe City's e-prnourenOeDtplatform 3swell aaonUennandGtar.cO0. There were three /3\p|anho|derS that downloaded the bid' hOvvever. only two bids were submitted from LhoistGOd CorrneVSe Lime and Stone. The bid response submitted byLhoiotprovided the lowest pricing for all but one item on the bid. AS 8 reau|t, it is being recommended that the bid from LhOiai be awarded, and an Agreement executed on behalf of the City of Tamarac and on behalf of an additional twenty-three (23) participating governmental agencies Co-op. The bid response from Ca[meune Lime and Stone Inc. provided the lowest pricing for high calcium granular lime used by the City of Hollywood Wastewater treatment plant. The cost savings for the City of Hollywood by awarding one item to Car0auae Lime and Stone will beapproximately $8.51O.730.5Ofor the full three (3) year p8riod, justifying the split award. The bid response from Lhoist provided the lowest pricing for the City of Tamarac and the other twenty-three agencies in the 8E Florida Governmental Purchasing CV -Op. for anestimated three (3) year total Co-op cost Of$01,813.247.97. The initial term of the Agreement will be for three (3) years, beginning on November 1, 2023, with one (1) additional three (3) year nanevva| options that may be exercised based oDsatisfactory performance in accordance with an economic adjustment provision provided as a part of the Agreement. The pricing bid by both Lhoist and CarnneVsO Lime and Stone reflects aOapproximate increase Of 12.5% for Lhoist and by o similar amount for Ca/meuse for granular lime which is used only by the City Of Hollywood Wastewater Treatment Plant. We had originally anticipated an increase of 25% from the current Agreement, so we were pleased to see only a 12.5% increase. The Agreements also provide for quarterly adjustments for fuel surcharges for trucking, which will be based on a surcharge chert that the City has utilized for several years, and for rail fuel surcharges that will be provided through documentation 1Ob8provided each quarter bythe railroad line transporting the lime from kilns inAlabama tVSouth Florida. Please note be|ovv, however, that our bid price for the upcoming year is still lower than similar entities around the State which have recently opened bids. The Chart below shows pricing for other local entities for bids which have recently opened: FloridaCurrent Delivered Per Ton Pricing For Surrounding Entities For Recently Opened Bids: City of Lakeland Utilities $460.00 Keys Utilities $494.13 City Of{}[mond Beach $003.82 City OfTannar@c— SE FL Co -Op (as of July 1, 2023) $388.05 City OfTanlarOc— 8E FL CD -Op (effective Nov. 1. 2023) $440.85 ~ �- �~ ~ Overall, the PPI for lime shows a3596increase from November 2O2Ob}August 2O23when vvoissued our bid. (See graph above). The index value for November 2020, when we awarded the last Agreement, was 277.50for material without freight. The August 2O23index value was 8t43O.77for material without freight. The fairly steep incline is very evident in the PPI graph for lime shown above. The rapid escalation is due to increased costs for cO8| used to fuel the kilns that cure the lime; on well as quickly escalating demand for quicklime bythe steel industry which isadding significant new capacity for the first time inmany years. Accordingly, it is recommended that an award be made, and agreements executed with Lhoist for the City Of Tamarac, and on behalf Oftwenty-three (23) additional entities in the SVV\h8@St Florida Governmental Purchasing Co-op; and with Carmeuse Lime & Stone, Inc., for high calcium granular quicklime for the City of Hollywood for a period of three (3) years, and that the City W1aneg8[ be authorized to app/Ove any renewal option. Fiscal Impact: Based 0nour estimated use Ufapproximately 150Otons Vfquicklime annually, the City will beable tO account for projected budget costs for the next three (3) years, The annual estimated cost to the {|hv Of Tamarac for each of the three (5) years will be as fO||ovvs for G total three (8) year Cost of $2,224,375 � FY 24: $670.525,00 FY 25: $737'475.00 FY 26: $816.375.00 421 The percentage increase between FY 24 and FY25will be approximately 10%' and the percentage increase between FY 25 and FY2Owill also be approximately 1096. which provides for budget predictability for each of the three years. The Agreement provides for an economic adjustment provision for the renewal term, which only allows for the pass-through of costs, and no increase to the profit margin. It should be nVtod, however, that any unanticipated change in fud, raw material market prices or water usage patterns may significantly impact our cost and quantity assumptions. co: John Doherty Troy Gies Earl Henry Anthony Licata 422 W .e: U 0 a d LL LL 0 n z d C1 x i- U) W W z I-- 9 r1 0 LL w 0} F- U M LL 0 VOI&O���� i t� Lu ' JCBNC" Temp Reso #14019 Page 1 f� Rev. 1 October 3, 2023 r r r♦ i t r' ' RESOLUTION OF • OF THE CITY OF . .•. FLORIDA, AUTHORIZING THE APPROPRIATE r TO AWARD *r BID ."FURNISH,DELIVER. i DISCHARGE OF QUICKLIME" TO, AND EXECUTE AGREEMENTS O- AMERICA OF ALABAMA, i t OF a o r a AND AN ADDITIONAL TWENTY-THREE MEMBERS OF THE SOUTHEAST O" r r GOVERNMENTAL PURCHASING Cii- -' (CO-OP); AND WITH CARMEUSE LIME AND STONE ON ' Oi i' MEMBER, THE CITY OF HOLLYWOOD, FOR A PERIOD i • YEARSONE ADDITIONAL TH• .. RENEWAL OPTION,PROVIDING EXTENSION r RENEWAL OF AGREEMENTS OR APPROVAL OF ASSIGNMENTS AND OTHER AMENDMENTS i THE AGREEMENTS IN ACCORDANCE PROVISIONS OF AWARDED ' '" AND EXPENDITURE OF APPROPRIATED FUNDS BY MANAGER it APPROPRIATE OFFICIALS FOR A TOTALCONTRACT i TO THE CITY OF r r• r OF APPROXIMATELY $2,224,375 FOR THE THREEYEAR TERM OF THE AGREEMENT OR AS DETERMINED ACTUAL USAGE OF PRODUCT UP TO THE BUDGETED ' i PROVIDING i- • PROVIDING i -SEVERABILITY; AND PROVIDING M- AN DATE. WHEREAS, Florida Statutes provide that municipalities shall have the governmental, corporate, and proprietary powers to enable them to conduct municipal government, perform municipal functions, and render municipal service, and exercise any power for municipal purposes, except when expressly 423 Temp Reso #14019 Page 3 Rev. 1 October 3, 2023 three (23) other members of the Co-op, with a copy of the bid submitted on file with the City Clerk; and WHEREAS, Carmeuse Lime and Stone was deemed the lowest responsive and responsible bidder for high calcium granular quicklime for the City of Hollywood, a member of the Co-op, with a copy of the bid submitted on file with the City Clerk; and WHEREAS, the City of Tamarac, acting as lead agency for the Co-op acts on behalf of the Co-op when awarding contracts for quicklime; and WHEREAS, sufficient funds are available from the Public Services Department Operating funds; and WHEREAS, it is the recommendation of the Director of Public Services and the Purchasing and Contracts Manager that Bid 23-36B be awarded to and an agreement executed with Lhoist North America of Alabama, LLC for furnishing, delivering and discharging quicklime, for a period of three years with one additional three (3) year renewal option on behalf of the City of Tamarac for a total contract cost to the City of Tamarac of approximately $2,224,375 for the three (3) year term of the Agreement or as determined by the actual usage of the product up to the budgeted amount, and on behalf of twenty-three (23) other agencies in the Co-op based on pricing provided in the Agreement; and WHEREAS, it is the recommendation of the Director of Public Services and the Purchasing and Contracts Manager that Bid 23-36B be awarded to and an agreement executed with Carmeuse Lime and Stone for furnishing, delivering and discharging high calcium granular quicklime, for a period of three (3) years 424 Temp Reso #14019 Page 5 Rev. 1 October 3, 2023 findings of the City Commission and made a specific part of this Resolution-, all exhibits referenced and attached hereto are incorporated herein and made a specific part of this Resolution. SECTION 2- The award of Bid 23-36B, "Furnish, Deliver and Discharge of Quicklime", to Lhoist North America of Alabama, LLC, on behalf of the City of Tamarac for a total contract cost to the City of Tamarac of approximately $2,224,375 for the three (3) year term of the Agreement or as determined by the actual usage of the product up to the budgeted amount, and on behalf of twenty-three (23) other agencies in the Co-op based on pricing provided in the Agreement, is HEREBY AUTHORIZED. SECTION 3: The appropriate City officials are hereby authorized to execute an agreement with Lhoist North America of Alabama, LLC as part of said award, a copy of which is attached hereto as Exhibit "2" for prices as shown in Exhibit "1" on behalf of the City of Tamarac and twenty-three (23) other agencies within the Co-op. SECTION 4- The award of Bid 23-36B, "Furnish, Deliver and Discharge of Quicklime", to Carmeuse Lime and Stone, for the provision of high calcium granular lime for the City of Hollywood, an agency in the Co-op, is HEREBY AUTHORIZED. SECTION 5: The appropriate City officials are hereby authorized to execute an agreement with Carmeuse Lime and Stone as part of said award for high calcium quicklime, a copy of which is attached hereto as Exhibit "T' for 425 Temp Reso #14019 Page 7 Rev. 1 October 3, 2023 PASSED, ADOPTED AND APPROVED this day of 2023. ATTEST: 'KIMBERLY RILLON, CMC CITY CLERK MICHELLE J. GOMEZ MAYOR RECORD OF COMMISSION VOTE:. MAYOR GOMEZ DIST 1: VICE MAYOR BOLTON DIST 2: COMM. WRIGHT DIST 3: COMM. VILLALOBOS DIST 4: COMM. DANIEL APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR THE USE AND RELIANCE OF THE CITY OF TAMARAC ONLY. 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THIS AGREEMENT iomade and entered into thiaU'��� evof 2O93bxand between the City of Tamarac, a municipal corporation with principal offices located at 7525 N.W. 88th Ave., Ta[DaG3c, FL 33321 (the "CITY") and LLC - an Alabama corporation with principal offices located at 5600 Clearfork Main Street, Suite 300, Fort Worth, Texas 76109 (the "Contractor") to provide for Furnishing, Delivery and Discharge of Quicklime. Now the[efoFe, in consideration of the mutual covenants h8[8iOaft8[ set forth, the City and Contractor agree as follows: 1. The Contract Documents The contract documents consist of this Agreement, Bid Document No. 23-36B. "Furnish, Deliver and Discharge OUiddiOlG"` including all conditions therein, (General Terms and Conditions, Special Conditions and/or Special ProViSioAS),drawings, Technical Specifications, all addenda. the Contractor's bid/proposal included henain, and all modifications issued after execution of this Agreement; and Contract Exhibit A, which is a schedule of delivered pricing for individual delivery locations. These contract documents form the Agreement, and all are as fully a part of the Agreement as if attached to this Agreement or repeated therein. In the event that there is a conflict between Bid Document No. 23-38B,"Furnish Deliver and Discharge C)UicNinle". as issued by the City, and the Contractor's Proposal, Bid Document No. 23-36B, as issued by the City shall take precedence over the Contractor's Proposal. Furthennone, in the event of conflict between this document and any other contract documents, this Agreement shall prevail. 2. The Work 2'1. The Contractor shall perform all work for the City required by the contract documents as set forth below: 2.1.1 Contractor shall furnish all labor, Dlateria|s, and equipment necessary to Furnish, Deliver and Discharge Quicklime in accordance with the Technical 8peuificabono, terms and conditions contained in Bid Document 23-36B, "Furnish, Deliver and Oiaohoqye Quicklime". 2.1.2 Contractor shall supervise the work force (o ensure that all workers conduct themselves and perform their work in Gs8f8 and professional OMaDOe[. Contractor shall comply with all OSHA safety rules and naQu|aUono in the operation of equipment and in the performance of the work. Contractor shall otall times have mcompetent field supervisor onthe job site toenforce these policies and procedures at the Contractor's expense. 2.1.3 Contractor shall comply with any and all Federal, State, and hJc8| laws and 429 TAMARAC The City For Your Life City of Tamarac Purchasing and Contracts Division regulations now in effect, or hereinafter enacted during the term of this Agreement, which are applicable to the Contractor, its employees, agents or subcontractors, if any, with respect to the work and services described herein. 2.1.4 Contractor shall be required to complete and provide the "Contractor Pass Request Form" (See attached Appendix A to Bid Document No. 23-36B), with photo identification of all personnel authorized to be on premises at City delivery sites. This form will be sent to the awarded vendor(s) with the notification of award letter. 2.1.5 Personnel additions and/or deletions shall be reported to the City's designated representative in writing, via fax to a number to be provided by the using agency, within twenty four (24) hours of the personnel change, by modification of the names submitted on the original Contractor Pass Request Form. 2.1.6 All personnel shall check-in with the Security Guard or Operator on duty immediately upon arrival at any delivery location. Photo identification, purpose of visit, and name of City staff contact, shall be required for entry. 2.1.7 Contractor shall ensure that only authorized Contractor employees and/or authorized City personnel shall have access to Contractor/City vehicles, work site, equipment, work products, reports, electronic data and any/all other information pertaining to the City. Contractor shall not admit any unauthorized personnel onto any work site. Contractor will not release, discuss or share any information on systems, equipment and/or operations, to any non -City personnel. 2.1.8 Upon leaving premises, all personnel shall be required to check out with the Security Guard or Operator on duty. 3. Insurance 3.1. Contractor shall obtain at Contractor's expense all necessary insurance in such form and amount as specified in the original bid document or as required by the City's Risk and Safety Manager before beginning work under this Agreement including, but not limited to, Workers' Compensation, Commercial General Liability, Builder's Risk and all other insurance as required by the City, including Professional Liability when appropriate. Contractor shall maintain such insurance in full force and effect during the life of this Agreement. Contractor shall provide to the City's Risk and Safety Manager certificates of all insurances required under this section prior to beginning any work under this Agreement. The Contractor will ensure that all subcontractors comply with the above guidelines and will retain all necessary insurance in force throughout the term of this agreement. 3.2. Contractor shall indemnify and hold the City harmless for any damages resulting from failure of the Contractor to take out and maintain such insurance. Contractor's Liability Insurance policies shall be endorsed to add the City as an additional insured and shall list the City as the Certificate Holder. Contractor shall be responsible for payment of all deductibles and self-insurance retentions on Contractor's Liability Insurance policies. Insurance limits are outlined below: E, 191f TAMARAC The City For Your Life City of Tamarac Purchasing and Contracts Division o General Liability - $1 M per occ. / $2M aggregate o Automobile — $1M per occ. / $1M aggregate o Workers Comp — Statutory 3.3 Contractor shall at a minimum, provide the level of coverage provided for in Section 3.2 of this Agreement to any other organization in the Southeast Florida Governmental Purchasing Cooperative, and shall provide those agencies with their own Certificate of Insurance to validate coverage for their entity. 4. Term The contract term shall be for an initial period of three (3) years, beginning November 1, 2023. The City reserves the right to renew the contract for one additional three (3) year period or up to three (3) additional (1) year periods, whichever is in the best interest of the City and the Southeast Florida Governmental Purchasing Cooperative providing all parties agree to the extension and renewal terms. In the event that the agreement is set to expire, and no replacement agreement is in place, the Agreement shall continue on a month-to-month basis until a new Agreement is in place for a period of not to exceed six (6) months from the original date of scheduled expiration. Contract Sum The Contract Sum for the above work for entities listed in Contract Exhibit A (UNIT PRICING PROVIDED IN BID) shall be based on delivered cost per ton, F.O.B. Destination. The Contract sum includes all labor, materials and freight charges for the job also known as Bid No. 23-36B, "Furnish, Deliver, and Discharge Quicklime" for the Southeast Florida Government Purchasing Cooperative entities listed in Contract Exhibit A. All Terms and Conditions, except product price, freight, transfer, and rail and truck fuel surcharges shall remain firm through the term of the contract, Pricing shown in Contract Exhibit A for the initial year of the Agreement shall be firm for the period from November 1, 2023 through October 31, 2024; Pricing shown in Contract Exhibit A for the second year of the Agreement shall be firm for the period from November 1, 2024 through October 31, 2025 and Pricing shown in Contract Exhibit A for the third year of the Agreement shall be firm from November 1, 2025 through October 31, 2026. 5.1 Contract Pricing shall be based on delivered cost per ton. The Contract sum includes all labor, materials and freight charges pricing shall be firm for the as indicated in Exhibit A for each year of the contract for the periods from November 1, 2023 through October 31, 2024; November 1, 2024 through October 31, 2025 and November 1, 2025 through October 31, 2026. 5.2 In consideration of fluctuations in fuel prices, the City will allow rail and trucking fuel surcharges during the term of the contract. Such surcharges shall be updated quarterly with notice being provided to the City as detailed in Section 5.2.3 herein. 5.2.1 Rail Surcharge — The rail fuel surcharge rate will be based on actual contracts, invoices or published rates of the contractor's rail carrier. Contractor shall provide documentation regarding the rail carrier's pricing as a part of the request for an adjustment to the rail surcharge. No surcharge will be applied on top of another one. The Bidder should provide a rail fuel surcharge schedule as part of their bid submittal in the area provided in Appendix B herein. 431 TAMARAC City of Tamarac The City For Your Life Purchasing and Contructs Division 5.2.2 Trucking Surcharge - The truck fuel surcharge rate will be based OD the TRJCWO0 Fuel Surcharge Scale contained iDAppendix Bh8n8iD' which shall be determined by referencing the Rotoi|[)n'Highvvay Oioaa| Prioo— U.G. AVarage, as published by the U.S. Department of Energy, Energy Information Administration (D{JE)fo[thethind Monday ofthe final month Cf each quarte[. The truck fuel surcharge will be applied to the base contract price per [OD of quicklime transported effective with the start of the next quarter. No surcharge will be applied on [op of another one. The bidder shall utilize the trucking fuel surcharge scale included in Appendix 8 as basis for adjustment, and surcharge adjustments will be based on that scale. The DOE Retail On -Highway Diesel Price —US Average index may be found at: http://tonto.eia.doe.gov/oog/info/wohdp/diesel detail report combined.asp. 5.2.3 The City acknowledges that Contractor's rail and truck carriers adjust fuel surcharges monthly. The Contractor will apply fuel surcharges for each quarter based nOthe amount Vfthe rail and truck fuel surcharges iOeffect for the month preceding the quarterly price change as C@|CU|8ted in accordance with Section 5.2ofthis Agreement, utilizing Appendix Btothe original bid #23-38B.At the end ofeach quarter, the Contractor will process a "true up" by comparing the actual monthly rail and truck fuel surcharges for the quarter to the rail and truck fuel surcharges implemented at the time of the quarterly price change. Based on this comparison, the Contractor will issue the City a credit ordebit that represents the variance. 5'2.4 Cost adjustments, in all cases, shall reflect only a directpass-through of costs, and Onchanges tothe Contractor's profit margin shall bepermitted. The City and the Contractor may also utilize recognized govern 0eDyiDdUSt[y indices Or CO[DbiO3tiOD Of indices to be OnUtUa|k/ agreed upon bythe City and Contractor, when determining price increases. 5'3 Adjustment of Price for the Effects of Government Action: Notwithstanding anything else contained herein to the contrary, the price shall be adjusted for all costs incurred by Supplier hereunder in order to comply with any Federal, State or local |ovv, regulation or order enacted, changed or amended after the Effective Date including, without |imnitation, fuel and other taxes, |ovvo, regulations or orders relating to hea|th, eofeh/, ounaon/mUon, rao|ammtion, environmental protection, pollution control and air, water and soil standards but specifically excluding any and all income taxes. Supplier warrants that, to its kOoVv|edge, it is currently in CO[Dp|iaOCe with all applicable laws, reQU|aU0Os or O[denS (except where noncompliance would not have a material adverse effect on Supplier's performance under this A0noennen0, and the ouoto incurred hereunder for such compliance whether or not actually incurred have been included in the initial price. In the event that any Federal, State VF local |aVV, regulation or order is eOacted. changed or amended after the date of this Ag[8enleDt. Supplier 8h@|| determine prospectively the cost per ton to Supplier of complying with such laws, regulations or orders and advise Purchaser Ofsuch costs, verified byadequate supporting documentation. The amount eodetermined shall be added to the payment price as an adjustment to become effective as and when such costs are incurred by Supplier. When the actual costs are known, Supplier shall provide Purchaser with appropriate data showing net effect of change. This data shall be subject to 432 TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division Purchaser's audit. For this audit Supplier shall produce evidence of actual costs within twelve months from institution of the additional charge and will either invoice or credit Purchaser as appropriate for the difference between Supplier's initial assessment and the results of the final determination of the audit. 6.4 Hardship: Notwithstanding anything else contained herein to the contrary, if extraordinary circumstances beyond a party's reasonable control significantly increase the cost of performance by such party of its obligations hereunder, upon the request of the adversely affected party, the parties shall seek to adjust the conditions of this Agreement in order to reasonably alleviate the effect of such extraordinary circumstances upon the affected party. If the parties do not reach an agreement with regard to adjusted conditions occasioned by such extraordinary circumstances within thirty (30) days following the notification of the request, the party adversely affected by the extraordinary circumstances shall have the right, at its sole discretion, to terminate this Agreement upon thirty (30) days' notice to the other party. 6.6 Pricing for Subsequent Renewal Terms: Contractor shall propose pricing for renewal terms which shall be submitted to the City at least sixty (60) calendar days prior to the expiration of the initial contract term. Contractor shall include with the price proposal, justification and back-up materials which shall be used to validate any price increase. Contractor may utilize recognized government/industry indices or combination of indices to be mutually agreed upon by the City and Contractor, when determining price increases. Additionally, Contractor may include copies of correspondence and invoices from suppliers of material, services and transportation providers which may include, but not be limited to any additional documentation which will provide validation for such increases. Contractor shall also offer the City any decreases which may apply at the time of contract renewal. Under no circumstances will the City allow for any increase to Contractor's profit at the time of renewal. Increases shall reflect a direct pass-through of any applicable costs. 6 Payments A monthly payment will be made for work that is completed, accepted and properly invoiced. The City shall pay the Contractor for work performed subject to the specifications of Bid 23-36B. All payments shall be governed by the Local Government Prompt Payment Act, F.S., Part VII; Chapter 218. Conditions of Material & Warranties 7.1. All materials and products supplied by the Bidder in conjunction with this bid shall conform to the specifications of the bid. The City reserves the right to return the product to the Bidder and require the delivery of new product at no cost to the City. 7.2. ' Warranties. Supplier warrants that the Product shall conform to the specifications set forth herein and shall be free and clear of all liens and other encumbrances. SUPPLIER MAKES NO FURTHER WARRANTIES 433 TAMARAC The City For Your Life City of Tamarac Purchasing and Contracts Division OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY INTENDED USE OR PURPOSE. 8 Indemnification 8.1 The Contractor shall indemnify and hold harmless the City, its elected and appointed officials, employees, and agents from any and all claims, suits, actions, damages, liability, and expenses (including attorneys' fees) in connection with loss of life, bodily or personal injury, or property damage, including loss of use thereof, directly or indirectly caused by, resulting from, arising out of or occurring in connection with the operations of the Contractor or its officers, employees, agents, subcontractors, or independent Contractors, excepting only such loss of life, bodily or personal injury, or property damage solely attributable to the gross negligence or willful misconduct of the City or its elected or appointed officials and employees. The above provisions shall survive the termination of this Agreement and shall pertain to any occurrence during the term of this Agreement, even though the claim may be made after the termination hereof. 8.2 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. i. The Contractor shall pay all claims, losses, liens, settlements or judgments of any nature whatsoever in connection with the foregoing indemnifications including, but not limited to, reasonable attorney's fees (including appellate attorney's fees) and costs. ii. 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 under the indemnification agreement. 8.3 The City and Contractor recognize that various provisions of this Agreement, including but not limited to this Section, provide for indemnification by the Contractor and requires a specific consideration be given there for. The Parties therefore agree that the sum of Ten Dollars and 00/100 ($10.00), receipt of which is hereby acknowledged, is the specific consideration for such indemnities, and the providing of such indemnities is deemed to be part of the specifications with respect to the services to be provided by Contractor. Furthermore, the City and Contractor understand and agree that the covenants and representations relating to this indemnification provision shall serve the term of this Agreement and continue in full force and effect as to the City's and the Contractor's responsibility to indemnify. 8.4 Nothing contained herein is intended nor shall be construed to waive City's rights and immunities under the common law or Florida Statutes 768.28, as amended from time to time. 9 Non -Discrimination & Equal Opportunity Employment During the performance of the Contract, the Contractor and its subcontractors shall not discriminate against any employee or applicant for employment because of race, color, sex including pregnancy, religion, age, national origin, marital status, political affiliation, familial status, 434 TAMARAC The City F���u� �rv+n�mom, Purchasing and Contracts Division sexual VheOtabOO, gender identity and eXp[essiOO. or disability if qualified. The Contractor will take affirmative action to ensure that employees and those of its subcontractors are treated during enno|oynnert, without regard to their nace, co|or, sex including pnegnancy, na|iginn, age. national OhgiO. Dla[it8| statUs, pO|it|C8| aMi|iadiOD, f8nli|i8| status, sexual 0hent8t{0O, gender identity or expression, nrdisability ifqualified. Such actions must include, but not belimited to, the following: employment, promotion; demotion or transfer; nec[Vi[OleOt or recruitment advertising, layoff or termination; rates Of pay or other fO[[Ds of compensation; and selection for training, including apprenticeship. The Contractor and its subcontractors shall agree to post in conspicuous places, available to its employees and applicants for ennp|uynnent, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The Contractor further agrees that he/she will e0sVF8 that all subcontractors, if any, will be made avv@PB Of and will comply with this nondiscrimination clause. 18 Independent Contractor This Agreement does not create an employee/employer relationship between the Parties. |tisthe intent Vfthe Parties that the Contractor is anindependent contractor under this Agreement and not the City's employee for any purpooae, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act. the 8Voim| Security Act. the Federal Unemployment Tax Aot, the provisions of the Internal Revenue Code, the State Worker's Compensation Act, and the State Unemployment Insurance |8VV. The Contractor shall retain sole and absolute discretion iOthe judgment ofthe manner and means of carrying out Contractor's activities and responsibilities hereunder provided, further that administrative procedures applicable to services rendered under this Agreement shall be those of Contraotor, which policies of Contractor ahm|| not conflict with City, State, or United States policies, rules or regulations relating to the Use of Contractor's funds provided for herein. The Contractor agrees that it is 8 separate and independent enterprise from the Ci[y, that it had full opportunity to find other business, that it has made its own investment in its business, and that it will utilize high |axe| of skill necessary to perform the work. This Agreement shall not be construed as creating any joint employment relationship between the Contractor and the City and the City will not be liable for any obligation incurred by Contnector, including but not limited to unpaid minimum wages and/or overtime premiums. 11 Assignment and Subcontracting Contractor shall not transfer orassign thepedbmnmnoerequinadbvthieAonsemontvvithouk the prior consent of the [|hv. This Aor8e0le0t, or any pVdinD thereof, shall not be subcontracted without the prior written consent Vfthe city. 12 Notice Whenever either party desires o[isrequired under this Agreement to give notice to any other party, itmust begiven by written notice either delivered iDperson, sent byU.S.Certified Mai[ U.S. Express Mail, air or ground courier services, or by messenger service, as follows: City Manager City of Tamarac 7525N.W.88thAvenue 435 TAMARAC The City For Your Life City of Tamarac Purchasing and Contracts Division Tamarac, FL 33321 With a copy to the City Attorney at the same address: CONTRACTOR Lhoist North America of Alabama, LLC. Dr. Phillip Niemann, President / CEO 5600 Clearfork Main Street, Suite 300 Fort Worth, Texas, 76109 13 Termination 13.1 Termination for Convenience: This Agreement may be terminated by the City for convenience, upon seven (7) days of written notice by the terminating party to the other party for such termination in which event the Contractor shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the Contractor abandons this Agreement or causes it to be terminated, Contractor shall indemnify the city against loss pertaining to this termination. 13.2 Default by Contractor: In addition to all other remedies available to the City, this Agreement shall be subject to cancellation by the City for cause, should the Contractor neglect or fail to perform or observe any of the material terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) days after receipt by Contractor of written notice of such neglect or failure. 14 Uncontrollable Forces 14.1 Neither the City nor Contractor shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non-performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the nonperforming party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions. 14.2 Neither party shall, however, be excused from performance if nonperformance is due to forces, which are preventable, removable, or remediable, and which the nonperforming party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The nonperforming party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. 14.3 Hardship. Notwithstanding anything else contained herein to the contrary, if extraordinary circumstances beyond a party's reasonable control significantly increase the cost of performance by such party of its obligations hereunder, upon E, 19V TAMARAC The City For Your Life City of Tamarac Purchasing and Contracts Division the request of the adversely affected party, the parties shall seek to adjust the conditions of this Agreement in order to reasonably alleviate the effect of such extraordinary circumstances upon the affected party. If the parties do not reach an agreement with regard to adjusted conditions occasioned by such extraordinary circumstances within thirty (30) days following the notification of the request, the party adversely affected by the extraordinary circumstances shall have the right, at its sole discretion, to terminate this Agreement upon thirty (30) days' notice to the other party. 15 Limitation of Liability NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR ANY CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE PERFORMANCE OF THIS AGREEMENT, OR DEFAULT IN THE PERFORMANCE HEREOF, WHETHER BASED UPON CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), WARRANTY OR ANY OTHER LEGAL THEORY. SUPPLIER'S LIABILITY FOR DAMAGES SHALL BE LIMITED TO REPLACEMENT OF NON -CONFORMING PRODUCT OR REIMBURSEMENT OF THE PURCHASE PRICE FOR SUCH NON -CONFORMING PRODUCT 16 Agreement Subject to Funding This agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission of the City of Tamarac in the annual budget for each fiscal year of this Agreement and is subject to termination based on lack of funding. 17 Venue This Agreement shall be governed by the laws of the State of Florida as now and hereafter in force. The venue for actions arising out of this agreement is fixed in Broward County, Florida. 18 Signatory Authority The Contractor shall provide the City with copies of requisite documentation evidencing that the signatory for Contractor has the authority to enter into this Agreement. 19 Severability; Waiver of Provisions Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provisions in any other jurisdiction. The non -enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of this Agreement. 437 TAMARAC City of Tomoroc The City For Your Life 20 Mercier; Amendment This Agreement constitutes the entire Agreement between the Contractor and the City, and negotiations and oral understandings between the parties are merged herein. This Agreement can be supplemented and/or amended only by a written document executed by both the Contractor and the City. 21 No Construction Against Drafting Party Each party to this Agreement expressly recognizes that this Agreement results from the negotiation process in VVhidl each pgdx was represented by counsel and contributed to the drafting of this Agreement, Given this fact, DO legal or other presumptions against the party drafting this Agreement concerning its uonStruot|un, interpretation or otherwise 000ruo to the benefit of any party to the Agreement, and each party expressly waives the right toassert such a presumption in any proceedings or disputes connected vvith, arising out of, or involving this Agreement. 22 Scrutinized Companies -- 287.136 AND 215.473 22.1 By execution of this Aoreement. Contractor certifies that Contractor is not participating ina boycott 0fIsrael. Contractor further certifies that Contractor isnot DD the Scrutinized Companies that Boycott Israel list, not DD 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 inbusiness operations inSyria. Subject tolimited exceptions provided in state |avv. the City will not contract for the provision of goods or services with any scrutinized company referred tOabove. 22.2 Submitting a false certification shall be deemed a material breach of contract. The City ohoU provide ncdioe, in writing, to Contractor of the City's determination concerning the to|ee certification. Contractor oho|| have five (5) days from receipt of notice to refute the false certification g||e0aUoD. If such false certification is discovered during the active contract term, Contractor shall have ninety (9O)days fO||OVViD0 receipt Of the ADtiC8 to respond in VV[iUOQ and demonstrate that the determination of false certification was made in error. If Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. 23 Public Records 23.1 The City of Tamarac is a public agency subject to Chapter 119. Florida Statutes. The Contractor shall comply with Florida's Public Records Law, Specifically, the Contractor shall: 23'1.1 Keep and maintain public records required by the City in order to perform the service; 23.1.2 Upon request from the City's custodian of public records, provide the public agency with acopy Ofthe requested records Urallow the records 10 438 TAMARAC The City For Your Life of Tamarac Purchasing and Contracts Division to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 23.1.3 Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the City. 23.1.4 Upon completion of the contract, transfer, at no cost to the City, all public records in possession of the Contractor, or keep and maintain public records required by the City to perform the service. If the Contractor transfers all public records to the City upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the 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. 23.2 During the term of the contract, the Contractor shall maintain all books, reports and records in accordance with generally accepted accounting practices and standards for records directly related to this contract. The form of all records and reports shall be subject to the approval of the City's Auditor. The Contractor agrees to make available to the City's Auditor, during normal business hours and in Broward, Dade or Palm Beach Counties, all books of account, reports and records relating to this contract. 24 E -Verify Compliance As a condition precedent to entering into this Agreement, and in compliance with Section 448.095, Fla. Stat., Consultant and its subcontractors shall, register with and use the E -Verify system to verify work authorization status of all employees hired after January 1, 2021. Consultant shall require each of its subcontractors to provide Consultant with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. Consultant shall maintain a copy of the subcontractor's affidavit as part of and pursuant to the records retention requirements of this Agreement. City, Consultant, or any subcontractor/subconsultant who has a good faith belief that a person or entity with which it is contracting has knowingly violated Section 448.09(1), Fla. Stat. or the provisions of this section shall terminate the contract with the person or entity. City, upon good faith belief that a subcontractor knowingly violated the provisions of this section; but Consultant otherwise complied, shall promptly notify Consultant and Consultant shall immediately terminate the contract with the subcontractor. An agreement or contract terminated under the provisions of this section is not a breach of contract and may not be considered such. Any agreement or contract termination under the provisions of this section may be challenged pursuant to Section 448.095(2)(d), Fla. Stat. Consultant acknowledges that upon termination of this Agreement by the City for a violation ii 439 TAMARAC City of Tamarac Purchasing City For Your Life Purchosing ond Contracts Division of this section by Consultant, Consultant may not be awarded a public contract for at least one (1) year. Consultant further acknowledges that Consultant is liable for any additional costs incurred by the City as a result of termination of any contract for a violation of this section. Consultant or subcontractor shall insert in any subcontracts the clauses set forth in this section; requiring the subcontractors to include these clauses in any lower tier subcontracts. Consultant shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in this section. 25 Public Records Custodian IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: CITY CLERK 7525 NW 88TH AVENUE ROOM 101 TAMARAC, FL 33321 (954) 597-3505 CITYCLERK@TAMARAC.ORG Is 440 TAMARAC Tomaroc The City For Your Life Purchosina and Contracts Division IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature, CITY OF TAMARAC, signing by and through its Mayor and City Manager, and CONTRACTOR, signing by and through its President / CEO duly authorized to execute same. ATTEST rberly Dillon,,�4c ity Cler Date 1 6w ES "3, 0' • S Cj-\ L C) ATTEST: CCI lljrteWIO Signature of Carpo7rate Secre-ta-nj T,1pe?P-A"t Ksweaf Corporate Secy. (CORPORATE SEAL) CITY OF TAMARAC Michene J. Gomez, Mayor offallow Date oglu, City/Manager 2 Date Ap r e form and IE.,gal sufficiency: X ,NWs Ottinot, GityAttorney -Eate I hr%ia+ Me%r+h Amarit-n of Al barria, LLC. Compae r'e I 1aa re of Dr. Philipp Niemann, resident/CEO Dr. Philipp Niemann Name of President/CEO Dald It, 441 City of Tornoroc STATE OF 11,V mo-, COUNTY OF 'I�tVOY\A TAMARAC The City For Your Life Ss Purchasing and Contracts Division I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared 4>h� � N j�� a C.Grporaffon, to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that he/she executed the same. WITNESS my hand and official seal this' day of 20> 14 RACHEL GALVAN *-*i My NoWy ID # 128343346 EVIlm J* 30, 2028 14 Sjoature of Notary Public -State-of flor%at-E-arV - Print, Type or Stamp Name of Notary Public Personally known to me or ❑ Produced Identification Type of I.D. Produced ❑ DID take an oath, or DID NOT take an oath. 442 TAMARAC ..tet - .� (City ot Famerec The City For Yow urs Pu)vh2'3hAN and 9994N171y., CONTRACTOR PASS REQUEST THIS FORM IS AVAILABLE ON THE CITY'S ELECTRONIC SOLICITATION SITE, BIDS & TENDERS, AND BIDDERS MUST PROVIDE INFORMATION IN THE DESIGNATED AREA WITHIN THE BID DOCUMENT. (BIDDER MAY ADD ADDITIONAL ROWS.) RMTOTOTA Z F. I mm MLOk6 . . ........... .......... Vendor Contact Phone Number: List of Contractor Employees Requiring Entry to Facilities (Attach copy of Picture Identification for all persons listed below) RE E, E K 444 Contract Exhibit A - Schedule of Prices AGENCY DELIVERED PRICE PER TON YEAR I DELIVERED PRICE I PER TON YEAR 2 DELIVERED PRICE PER TON YEAR 3 Table I TYPE 1 - Pebble Limp City of Boynton Beach $ 446.96 $ 491.65 $ 640.81 Broward County Dist. 1 $ 446.95 $ 491.65 $ 540.81 Broward County Dist. 2 $ 446.95 $ 491.65 $ 540.81 City of Coral Springs (1) $ 446,95 $ 491.65 $ 540.81 Town of Davie $ 446.95 $ 491.65 $ 540.81 City of Dania Beach $ 446,95 $ 491.65 $ 540.81 City of Deerfield Beach $ 446.95 $ 491.65 $ 540,81 City of Fort Lauderdale (2) $ 446.95 $ 491.65 $ 540.81 City of Hallandale Beach (3) $ 446.95 $ 491.65 $ 540.81 City of Lake Worth Beach $ 446.95 $ 491.65 $ 540.81 City of Lauderhill $ 446.95 $ 491.65 $ 540.81 City of North Lauderdale $ 446.95 $ 491.65 $ 540.81 City of North Miami $ 448,38 $ 49122 $ 542.54 Village of Palm Springs $ 451.23 $ 496.36 $ 545.99 Village of Palm Springs $ 45123 $ 496,36 $ 545.99 City of Pompano Beach $ 446.95 $ 491.65 $ 540.03 City of Riviera Beach $ 451.23 $ 496.36 $ 545.99 City of Sunrise $ 446.95 $ 491.65 $ 540.81 City of Sunrise $ 446.95 $ 491.65 $ 540.81 Village of Wellington $ 449.791 $ 494.771 $ 54415 TABLE 2 TYPE 1A- Foundry/ Rice Lime City of Delray Beach $ 446.95 $ 491.65 $ 540,81 City of Hollywood $ 446.95 $ 491.65 $ 540.81 City of Margate $ 446.95 $ 491.65 $ 540.81 City of North Miami Beach $ 448.38 $ 493.22 $ 542.54 City of Pembroke Pines $ 446.95 $ 491.65 $ 540.81 City of Tamarac $ 446.951 $ 491.651 $ 544.25 City of West Palm Beach $ 449.791 $ 494.771 $ 544.25 445 TAMARAC The City For Your Life City of Tamarac Potchasing and Contracts Division 2023 TRUCK FUEL SURCHARGE SCALE Truck Fuel Surcharges are a percentage of the truck freight rate for product movement from the bidder's distribution origin to the customer's site. Truck Fuel Surcharges are subject to change quarterly. The percentage of the Monthly Truck Fuel Surcharge is computed by determining the Department of Energy's DOE Retail On -Highway Diesel Price - US Average index may be found at: published on the 3rd Monday of the last month of the quarter, DOE Diesel Prices may be found at the following website: https://www.eia.gov/petroleum/gasdiesel/ * Percentages change .5% for every $0.05 per gallon price change DIESEL FUEL PRICE FS = % OF DIESEL FUEL PRICE FS = % OF NATIONAL AVERAGE FREIGHT RATE NATIONAL AVERAGE FREIGHT RATE $1.75 0.00% $3.00 13.00% $1.80 1.00% $3.05 13.50% $1.85 1.50% $3.10 14.00% $1.90 2.00% $3.15 14-50% 2.50% $3.20 15.00% -$1.95 $2.00 3.00% $3.25 15.50% $2.05 3,50% $3.30 16.00% $2.10 4.00% $3.35 16.50% $2.15 4.50% $3.40 17.00% $2.20 5.00% $3.45 17.50% $2.25 5.50% $3.50 18.00% $2.30 6.00% $3.55 18.50% $2.35 6.50% $3.60 19.00% $2.40 7.00% $3.65 19,50% $2.45 7.50% $3.70 20.00% $2.50 8.00% $3.75 20.50% $2.55 8.50% $3.80 21.00% $2.60 9.00% $3.85 21.50% $2.65 9.50% $3.90 22.00% $2.70 10.00% $3.95 22.50% $2.75 10.50% $4.00 23.00% $2.80 11.00% $4.05 23.50% $2.85 11.50% $4.10 24.00% $2.90 12.00% $4.15 24.50% $2.95 12.50% $4.20 25.00% 446 ATTACHMENT A: PARTICIPATING AGENCIES Below is a list of thea encies participating in this bid and their respective delivelocations: AGENCY IDELIVERY ADDRESS ICITY / STATE I ZIP ICONTACT IPHONE / EMAIL Type I - Pebble Lime City of Boynton Beach 124 E. Woolbright Road Boynton Beach, Fl: 33435 William Newsome 561-7426593 NewsomeWObb1fl.us - 954-831-4115 Office 954-553- 0653 Mobile Broward County Dist. 1A 3701 N. State Road 7 Lauderdale Lakes, Fl: 33319 Pedro Berrios pberdos@broward.org 954-831-4115 Office 954-234- Broward County Dist, 2A 1390 NE 50th Street Deerfield Beach, Fl: 33064 Jose Otero 1034 Cell jotero@broward.org 954-345-2160 City of Coral Springs 3800 NW 85th Avenue Coral Springs Fl: 33065 Alvan Jones ajones@coralsprings.org 954-924-6808 ext. 3616 City of Dania Beach 1201 Stirling Road Dania Beach, Fl 33004 Nate Costa ncosta@daniabeachfi.gov Town of Davie 3500 NW 76th Ave Hollywood, Fl: 33024 Anand Maharaj 954-327-3748 954-480.43 City of Deerfield Beach 290 Goolsby Blvd. Deerfield Beach, Fl: 33442 Bakad Scott bscott@deerfieldbeach.com 954-828-7865 City of Ft. Lauderdale 949 NW 38th Street Ft. Lauderdale, Fl: Cesar Alza calza@fortlauderdale.gov City of Hallandale Beach 630 NW 2nd. Street Hallandale Beach, Fl: 33009 J. Fawcett 954-457-1632 nz 561-586-1713 City of Lake Worth Beach 301 College Street Lake Worth Beach:FL Garry Baker 11 gabaker@lakeworthbeachfl.gov 954-730.3057 City of Lauderhill 2101 NW 49th Avenue Lauderhill, Fl: Marc Celetti mcelefti@lauderhillfl.gov 954-597-4757 City of North Lauderdale 841 NW 71 st. Avenue North Lauderdale:Fl 33068 Neil Buckeridge nbuckeridge@nlauderdale.org City of North Miami 12098 NW1 1th Avenue North Miami, Fl: 561-584-8200 ext. 877 - Village of Palm Springs 360 Davis Road Palm Springs, Fl: 33461 David Burgin dburgin@vpsfl.org 561-584-8200 ext. 871 -T - Village of Palm Springs 5618 Basil Drive Boynton Beach, Fl: 33435 David Burgin dburgin@vpsfl.org City of Pompano Beach 301 NE 12th Street Pompano Beach 954-545-7018 City of Riviera Beach 800 W. Blue Heron Blvd. Riviera Beach, Fl: 33404 David Sales 561-723-2741 954-572-2427 City of Sunrise 15400 Watermill Road Davie, Fl: 33331 Hugo Ala is halagic@sunrisefl.gov 954-572-2427 City of Sunrise 4350 springtree Drive Sunrise, Fl: 33351 jJose Alvarez jalvarez@sunrisefl.gov 1 561-791-4128 Village of Wellington 1100 Wellington n Trace Wellington, FI: 33414 , Mike Zembrzuski mzembrzuski@wellingtonfl.gov 7 tpe 1A - Foundry / Rice Lime 561-531-0817 City of Delray Beach 201 SW 7th Street Delray Beach, Fl: 33444 Bryan Heller hellerb@mydelraybeach.com 954-967-4230 City of Hollywood 3441 Hollywood Blvd. Hollwood, Fl: 33021 Luis Montoya lmontoya@hollwoodfl.org 954-972-0828 City of Margate 980 NW 66th Ave. Margate, Fl: 33063 Richard Uber ruber@margate.com 786-586-8395 City of North Miami Beach 19150 NW 8th Ave. Miami Gardens, Fl: 33169 Carlos Carrazana carlos.carrazana@citynmb.com 754-260.4505 City of Pembroke Pines 7960 Johnson Street Pembroke Pines, Fl: Michael Cepeda michael.cepeda@jacobs.com 954-597-3775(3777 City of Tamarac 7803 NW 61st. Street Tamarac, FI: 33321 Anthony Licata anthony.licata@tamarac.org 561-351-4555 Igalloway@wpb.org Lester Galloway I 561-822-2290 ICity of West Palm Beach 1009 Banyan Blvd. West Palm Beach, Fl:33401 Sandra Feliciano sfeliciano@wpb.org 447 TAMAAC ORIGINAL The City For Your Life BETWEEN THE CITY OF TAMARAC AND CARMEUSE LIME AND STONE, INC. THIS AGREEMENT is made and entered into this 4day of 20q'3 by and between the City of Tamarac, a municipal corporation with principal offices located at 7525 N.W. 88th Ave., TanOgnac, FL 33321 (the "CITY") and Carmeuse Lime and Stone, Inc., a Pennsylvania corporation with principal offices located at 11 Stanwix Street,2111. Pittsburgh, Pennsylvania, 15222Delivery and /the "Contractor") to provide for Discharge of Quicklime. Now UlerefoF8, in consideration of the mutual covenants hereinafter set forth. the City and Contractor agree as follows: 1. The Contract Documents The contract documents consist of this Agreement, Bid Document No. 23-36B."FU0ish, Deliver and Discharge Quk:WiFOe", including all conditions therein, (General Terms and Conditions, Special Conditions and/or Special Provisions), drawings, Technical Specifications, all addenda, the Contractor's bid/proposal included henain, and all modifications issued after execution of this Agreement; and Contract Exhibit A. which is a schedule of delivered pricing for individual delivery locations. These contract documents form the Agreement, and all are asfully apart ofthe Agreement asifattached tothis Agreement orrepeated therein. In the event that there is a conflict between Bid Document No. 23-36B, "Furnish Deliver and Discharge Quicklime", as issued by the City, and the Contractor's Proposal, Bid Document No. 23-36B, as issued by the City shall take precedence over the Contractor's Proposal. Furthermore, inthe event ofmconflict between this document and any other contract documents, this Agreement shall prevail. 2. The Work 2.1. The Contractor shall perform all work for the City required by the contract documents as set forth below: 2.1.1 CVOtn]C[n[ shall furnish all h3b0r, m8[eha|s, and equipment necessary to Furnish, Deliver and Discharge Quicklime in accordance with the Technical 8peoifimaUonm, terms and conditions contained in Bid Document 23-36B, "Furnish, Deliver and Discharge Quicklime". 2.1.2 Contractor shall supervise the work force b)ensure that all workers conduct themselves and perform their work in aSafe and professional manner. Contractor shall comply with all OSHA safety rules and regulations in the operation of equipment and in the performance of the work. Contractor shall atall times have acompetent field supervisor onthe job site tuenforce these policies and procedures atthe Contractor's expense. 2.1.3 Contractor shall comply with any and all Federal, State, and local laws and 448 TAMARAC The City For Your Life ( ity of lfrw 'm I ..ti h r<.it;n ol)d t rlrl-t:, t' LU,t r"on regulations now in effect, or hereinafter enacted during the term of this Agreement, which are applicable to the Contractor, its employees, agents or subcontractors, if any, with respect to the work and services described herein. 2.1.4 Contractor shall be required to complete and provide the "Contractor Pass Request Form" (See attached Appendix A to Bid Document No. 23-36B), with photo identification of all personnel authorized to be on premises at City delivery sites. This form will be sent to the awarded vendor(s) with the notification of award letter. 2.1.5 Personnel additions and/or deletions shall be reported to the City's designated representative in writing, via fax to a number to be provided by the using agency, within twenty four (24) hours of the personnel change, by modification of the names submitted on the original Contractor Pass Request Form. 2.1.6 All personnel shall check-in with the Security Guard or Operator on duty immediately upon arrival at any delivery location. Photo identification, purpose of visit, and name of City staff contact, shall be required for entry. 2.1.7 Contractor shall ensure that only authorized Contractor employees and/or authorized City personnel shall have access to Contractor/City vehicles, work site, equipment, work products, reports, electronic data and any/all other information pertaining to the City. Contractor shall not admit any unauthorized personnel onto any work site. Contractor will not release, discuss or share any information on systems, equipment and/or operations, to any non -City personnel. 2.1.8 Upon leaving premises, all personnel shall be required to check out with the Security Guard or Operator on duty. 3. Insurance 3.1. Contractor shall obtain at Contractor's expense all necessary insurance in such form and amount as specified in the original bid document or as required by the City's Risk and Safety Manager before beginning work under this Agreement including, but not limited to, Workers' Compensation, Commercial General Liability, Builder's Risk and all other insurance as required by the City, including Professional Liability when appropriate. Contractor shall maintain such insurance in full force and effect during the life of this Agreement. Contractor shall provide to the City's Risk and Safety Manager certificates of all insurances required under this section prior to beginning any work under this Agreement. The Contractor will ensure that all subcontractors comply with the above guidelines and will retain all necessary insurance in force throughout the term of this agreement. 3.2. Contractor shall indemnify and hold the City harmless for any damages resulting from failure of the Contractor to take out and maintain such insurance. Contractor's Liability Insurance policies shall be endorsed to add the City as an additional insured and shall list the City as the Certificate Holder. Contractor shall be responsible for payment of all deductibles and self-insurance retentions on Contractor's Liability Insurance policies. Insurance limits are outlined below: 449 TAMARAC The City For Your Life u General Liability -$1yNper o:: /$2yWaggregate u Automobile —$1yNper 000./$1yNaggregate o Workers Comp —Statutory 3.3 Contractor shall ataminimum, provide the level ofcoverage provided for inSection 3.2 of this Agreement to any other organization in the Southeast Florida Governmental Purchasing Cooperativa, and aheU provide those agencies with their own Certificate of Insurance to validate coverage for their entity. The contract term shall be for an initial period of three (3) years, beg inning November 1, 2023. The City reserves the right0o renew the contract for one additional #lnae (3)year period orup0othree (3) additional (1) year pehnds, whichever is in the best interest ofthe City and the Southeast Florida Governmental Purchasing Cooperative providing all parties agree Uo the extension and renewal terms. |nthe event that the agreement imset 10expire, and noreplacement agreement is in place, the Agreement shall continue on a month-to-month basis until a new Agreement is in place for period of not to exceed six (8) months from the original date of scheduled expiration. 5. Contract Sum The Contract Sum for the above work for entities listed in Contract Exhibit A (UNIT PRICING PROVIDED IN BID) shall be based on delivered cost per ton, F.O.B. Destination. The Contract sum includes all labor, materials and height charges for the job also hDoxvD as Bid No. 23-36B. "Furnish, Deliver, and Discharge Quicklime" for the Southeast Florida Government Purchasing Cooperative entities listed iOContract Exhibit A. All Terms and Conditions, except product price, freight, t[aOsfer, and rail and truck fuel surcharges shall remain firm through the term of the contract, Pricing shown in Contract Exhibit Afor the initial year 0fthe Agreement shall be firm for the period from November 1, 2023 through October 31, 2024; Pricing Shown in Contract Exhibit Afor the second year of the Agreement shall be firm for the period from November 1, 2024 through October 31. 2025 and Pricing shown in Contract Exhibit A for the third year of the Agreement shall befirm from November 1.2O25through October 31.2O2O. 5.1 Contract Pricing shall be based on delivered cost per ton. The Contract munn includes all labor, mohehg|o and freight charges pricing shall be Onn for the as indicated inExhibit Afor each year ofthe contract for the periods from November 1.2O23through October 31.2O24;November 1.2O24through October 31.2025 and November 1.2O25through October 31.2O20. 5.2 In consideration of fluctuations in fuel prices. the City will allow rail and trucking fuel surcharges during the term ofthe contract. Such surcharges shall baupdated quarterly with notice being provided to the City as detailed in Section 5.2.3 herein. 5.2.1 Rail Surcharge —Thm rail fuel surcharge rate will ba based on actual nontraota, invoices or published rates of the contractor's rail carher. Contractor shall provide documentation regarding the rail carrier's pricing as o part of the request for an adjustment to the rail surcharge. No surcharge will baapplied ontop ofanother one. The Bidder should provide a rail fuel euvchoqJa schedule as part of their bid submittal in the area provided in Appendix B herein. 450 TAMARAC The City For Your Life 5.2.2 Truckinq Surcharge - The truck fuel surcharge rate will be based on the Trucking Fuel Surcharge Scale contained in Appendix B herein, which shall be determined by referencing the Retail On -Highway Diesel Price — U.S. Average, as published by the U.S. Department of Energy, Energy Information Administration (DOE) for the third Monday of the final month of each quarter. The truck fuel surcharge will be applied to the base contract price per ton of quicklime transported effective with the start of the next quarter. No surcharge will be applied on top of another one. The bidder shall utilize the trucking fuel surcharge scale included in Appendix B as a basis for adjustment, and surcharge adjustments will be based on that scale. The DOE Retail On -Highway Diesel Price — US Average index may be found at: htlp, tLtotiLo.eia.daoe.qoy/o�gg/irifo/wohdp/diesel detail r rt ccrrnni ied,as . p_ 5.2.3 The City acknowledges that Contractor's rail and truck carriers adjust fuel surcharges monthly. The Contractor will apply fuel surcharges for each quarter based on the amount of the rail and truck fuel surcharges in effect for the month preceding the quarterly price change as calculated in accordance with Section 5.2 of this Agreement, utilizing Appendix B to the original bid #23-36B. At the end of each quarter, the Contractor will process a "true up" by comparing the actual monthly rail and truck fuel surcharges for the quarter to the rail and truck fuel surcharges implemented at the time of the quarterly price change. Based on this comparison, the Contractor will issue the City a credit or debit that represents the variance. 5.2.4 Cost adjustments, in all cases, shall reflect only a direct pass-through of costs, and no changes to the Contractor's profit margin shall be permitted. The City and the Contractor may also utilize recognized govern ment/industry indices or combination of indices to be mutually agreed upon by the City and Contractor, when determining price increases. 5.3 Adjustment of Price for the Effects of Government Action: Notwithstanding anything else contained herein to the contrary, the price shall be adjusted for all costs incurred by Supplier hereunder in order to comply with any Federal, State or local law, regulation or order enacted, changed or amended after the Effective Date including, without limitation, fuel and other taxes, laws, regulations or orders relating to health, safety, conservation, reclamation, environmental protection, pollution control and air, water and soil standards but specifically excluding any and all income taxes. Supplier warrants that, to its knowledge, it is currently in compliance with all applicable laws, regulations or orders (except where noncompliance would not have a material adverse effect on Supplier's performance under this Agreement), and the costs incurred hereunder for such compliance whether or not actually incurred have been included in the initial price. In the event that any Federal, State or local law, regulation or order is enacted, changed or amended after the date of this Agreement, Supplier shall determine prospectively the cost per ton to Supplier of complying with such laws, regulations or orders and advise Purchaser of such costs, verified by adequate supporting documentation. The amount so determined shall be added to the payment price as an adjustment to become effective as and when such costs are incurred by Supplier. When the actual costs are known, Supplier shall provide Purchaser with appropriate data showing net effect of change. This data shall be subject to 451 TAMARAC (ity of lr,w�ow The City For Your Life I 1,f � hw.ftm olld t. 14,4" t, Oq­ "ot" Purchaser's audit. For this audit Supplier shall produce evidence of actual costs within twelve months from institution of the additional charge and will either invoice or credit Purchaser as appropriate for the difference between Suppliers initial assessment and the results of the final determination of the audit. 5.4 Hardship: Notwithstanding anything else contained herein to the contrary, if extraordinary circumstances beyond a party's reasonable control significantly increase the cost of performance by such party of its obligations hereunder, upon the request of the adversely affected party, the parties shall seek to adjust the conditions of this Agreement in order to reasonably alleviate the effect of such extraordinary circumstances upon the affected party. If the parties do not reach an agreement with regard to adjusted conditions occasioned by such extraordinary circumstances within thirty (30) days following the notification of the request, the party adversely affected by the extraordinary circumstances shall have the right, at its sole discretion, to terminate this Agreement upon thirty (30) days' notice to the other party. 5.5 Pricing for Subsequent Renewal Terms: Contractor shall propose pricing for renewal terms which shall be submitted to the City at least sixty (60) calendar days prior to the expiration of the initial contract term. Contractor shall include with the price proposal, justification and back-up materials which shall be used to validate any price increase. Contractor may utilize recognized government/industry indices or combination of indices to be mutually agreed upon by the City and Contractor, when determining price increases. Additionally, Contractor may include copies of correspondence and invoices from suppliers of material, services and transportation providers which may include, but not be limited to any additional documentation which will provide validation for such increases. Contractor shall also offer the City any decreases which may apply at the time of contract renewal. Under no circumstances will the City allow for any increase to Contractor's profit at the time of renewal. Increases shall reflect a direct pass-through of any applicable costs. 6 Payments A monthly payment will be made for work that is completed, accepted and properly invoiced. The City shall pay the Contractor for work performed subject to the specifications of Bid 23-36B. All payments shall be governed by the Local Government Prompt Payment Act, F.S., Part VII; Chapter 218. 7 Conditions of Material & Warranties 7.1. All materials and products supplied by the Bidder in conjunction with this bid shall conform to the specifications of the bid. The City reserves the right to return the product to the Bidder and require the delivery of new product at no cost to the City. 7.2. Warranties. Supplier specifications set forth other encumbrances. warrants that the Product shall conform to the herein and shall be free and clear of all liens and SUPPLIER MAKES NO FURTHER WARRANTIES 5 452 TAMARAC The City For Your Life i(y of Ir,rrnrn, I'tirtliu<.itl[7 [rrlli i nilttr,ctc tfiv,, ur; OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY INTENDED USE OR PURPOSE. 7 Indemnification 8.1 The Contractor shall indemnify and hold harmless the City, its elected and appointed officials, employees, and agents from any and all claims, suits, actions, damages, liability, and expenses (including attorneys' fees) in connection with loss of life, bodily or personal injury, or property damage, including loss of use thereof, directly or indirectly caused by, resulting from, arising out of or occurring in connection with the operations of the Contractor or its officers, employees, agents, subcontractors, or independent Contractors, excepting only such loss of life, bodily or personal injury, or property damage solely attributable to the gross negligence or willful misconduct of the City or its elected or appointed officials and employees. The above provisions shall survive the termination of this Agreement and shall pertain to any occurrence during the term of this Agreement, even though the claim may be made after the termination hereof. 8.2 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. L The Contractor shall pay all claims, losses, liens, settlements or judgments of any nature whatsoever in connection with the foregoing indemnifications including, but not limited to, reasonable attorney's fees (including appellate attorney's fees) and costs. ii. 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 under the indemnification agreement. 8.3 The City and Contractor recognize that various provisions of this Agreement, including but not limited to this Section, provide for indemnification by the Contractor and requires a specific consideration be given there for. The Parties therefore agree that the sum of Ten Dollars and 00/100 ($10.00), receipt of which is hereby acknowledged, is the specific consideration for such indemnities, and the providing of such indemnities is deemed to be part of the specifications with respect to the services to be provided by Contractor. Furthermore, the City and Contractor understand and agree that the covenants and representations relating to this indemnification provision shall serve the term of this Agreement and continue in full force and effect as to the City's and the Contractor's responsibility to indemnify. 8.4 Nothing contained herein is intended nor shall be construed to waive City's rights and immunities under the common law or Florida Statutes 768.28, as amended from time to time. 8 Non -Discrimination & Equal Opportunity Employment During the performance of the Contract, the Contractor and its subcontractors shall not discriminate against any employee or applicant for employment because of race, color, sex including pregnancy, religion, age, national origin, marital status, political affiliation, familial status, 6 453 TAMARAC The City For Your Life 01yof f'i��t Hc+�.ir�r trnrf i uii��ni t�1%rr;,4u� sexual orientation, gender identity and expression, or disability if qualified. The Contractor will take affirmative action to ensure that employees and those of its subcontractors are treated during employment, without regard to their race, color, sex including pregnancy, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, gender identity or expression, or disability if qualified. Such actions must include, but not be limited to, the following: employment, promotion; demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor and its subcontractors shall agree to post in conspicuous places, available to its employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The Contractor further agrees that he/she will ensure that all subcontractors, if any, will be made aware of and will comply with this nondiscrimination clause. 9 Independent Contractor This Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that the Contractor is an independent contractor under this Agreement and not the City's employee for any purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Worker's Compensation Act, and the State Unemployment Insurance law. The Contractor shall retain sole and absolute discretion in the judgment of the manner and means of carrying out Contractor's activities and responsibilities hereunder provided, further that administrative procedures applicable to services rendered under this Agreement shall be those of Contractor, which policies of Contractor shall not conflict with City, State, or United States policies, rules or regulations relating to the use of Contractor's funds provided for herein. The Contractor agrees that it is a separate and independent enterprise from the City, that it had full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. This Agreement shall not be construed as creating any joint employment relationship between the Contractor and the City and the City will not be liable for any obligation incurred by Contractor, including but not limited to unpaid minimum wages and/or overtime premiums. 10 Assignment and Subcontracting Contractor shall not transfer or assign the performance required by this Agreement without the prior consent of the City. This Agreement, or any portion thereof, shall not be subcontracted without the prior written consent of the city. 11 Notice Whenever either party desires or is required under this Agreement to give notice to any other party, it must be given by written notice either delivered in person, sent by U.S. Certified Mail, U.S. Express Mail, air or ground courier services, or by messenger service, as follows: CITY City Manager City of Tamarac 7525 N.W. 88th Avenue 454 TAMARAC The City For Your Life Cityuf innu�!ni Iii;r!Iir�Sirnnndlur�t�r�.tSDvi.'oi+ Tamarac, FL 33321 With a copy to the City Attorney at the same address: CONTRACTOR Carmeuse Lime and Stone, Inc. Yves Willems, President / CEO 11 Stanwix Street, 21 st. Floor Pittsburgh, Pennsylvania, 15222 12 Termination 13.1 Termination for Convenience: This Agreement may be terminated by the City for convenience, upon seven (7) days of written notice by the terminating party to the other party for such termination in which event the Contractor shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the Contractor abandons this Agreement or causes it to be terminated, Contractor shall indemnify the city against loss pertaining to this termination. 13.2 Default by Contractor: In addition to all other remedies available to the City, this Agreement shall be subject to cancellation by the City for cause, should the Contractor neglect or fail to perform or observe any of the material terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) days after receipt by Contractor of written notice of such neglect or failure. 14 Uncontrollable Forces 14.1 Neither the City nor Contractor shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non-performing parry could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the nonperforming party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions. 14.2 Neither party shall, however, be excused from performance if nonperformance is due to forces, which are preventable, removable, or remediable, and which the nonperforming party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The nonperforming party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. 14.3 Hardship. Notwithstanding anything else contained herein to the contrary, if extraordinary circumstances beyond a party's reasonable control significantly increase the cost of performance by such party of its obligations hereunder, upon s 455 TAMARAC The City For Your Life Puiclosinr nnrl Luut�a�ts 0!vis41; the request of the adversely affected party, the parties shall seek to adjust the conditions of this Agreement in order to reasonably alleviate the effect of such extraordinary circumstances upon the affected party. If the parties do not reach an agreement with regard to adjusted conditions occasioned by such extraordinary circumstances within thirty (30) days following the notification of the request, the party adversely affected by the extraordinary circumstances shall have the right, at its sole discretion, to terminate this Agreement upon thirty (30) days' notice to the other party. 15 Limitation of Liability NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR ANY CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE PERFORMANCE OF THIS AGREEMENT, OR DEFAULT IN THE PERFORMANCE HEREOF, WHETHER BASED UPON CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), WARRANTY OR ANY OTHER LEGAL THEORY. SUPPLIER'S LIABILITY FOR DAMAGES SHALL BE LIMITED TO REPLACEMENT OF NON -CONFORMING PRODUCT OR REIMBURSEMENT OF THE PURCHASE PRICE FOR SUCH NON -CONFORMING PRODUCT 16 Agreement Subject to Funding This agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission of the City of Tamarac in the annual budget for each fiscal year of this Agreement and is subject to termination based on lack of funding. 17 Venue This Agreement shall be governed by the laws of the State of Florida as now and hereafter in force. The venue for actions arising out of this agreement is fixed in Broward County, Florida. 18 Signatory Authority The Contractor shall provide the City with copies of requisite documentation evidencing that the signatory for Contractor has the authority to enter into this Agreement. 19 Severability; Waiver of Provisions Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provisions in any other jurisdiction. The non -enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of this Agreement. 9 /,W; TAMARAC The City For Your Life V"t, husitm and (ow,ri(t, Ow", or) 20 Merger; Amendment This Agreement constitutes the entire Agreement between the Contractor and the City, and negotiations and oral understandings between the parties are merged herein. This Agreement can be supplemented and/or amended only by a written document executed by both the Contractor and the City. 21 No Construction Against Drafting Party Each party to this Agreement expressly recognizes that this Agreement results from the negotiation process in which each party was represented by counsel and contributed to the drafting of this Agreement. Given this fact, no legal or other presumptions against the party drafting this Agreement concerning its construction, interpretation or otherwise accrue to the benefit of any party to the Agreement, and each party expressly waives the right to assert such a presumption in any proceedings or disputes connected with, arising out of, or involving this Agreement. 22 Scrutinized Companies -- 287.135 AND 215.473 22.1 By execution of this Agreement, Contractor certifies that Contractor is not participating in a boycott of Israel. Contractor further certifies that Contractor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. 22.2 Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to Contractor of the City's determination concerning the false certification. Contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If 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. 23 Public Records 23.1 The City of Tamarac is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: 23.1.1 Keep and maintain public records required by the City in order to perform the service; 23.1.2 Upon request from the City's custodian of public records, provide the public agency with a copy of the requested records or allow the records 10 457 TAMARAC The City For Your Life Ory of �r;�rxunr P„<<linsinr and (un-r,rts Uvi;h,n to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 23.1.3 Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the City. 23.1.4 Upon completion of the contract, transfer, at no cost to the City, all public records in possession of the Contractor, or keep and maintain public records required by the City to perform the service. If the Contractor transfers all public records to the City upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the 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. 23.2 During the term of the contract, the Contractor shall maintain all books, reports and records in accordance with generally accepted accounting practices and standards for records directly related to this contract. The form of all records and reports shall be subject to the approval of the City's Auditor. The Contractor agrees to make available to the City's Auditor, during normal business hours and in Broward, Dade or Palm Beach Counties, all books of account, reports and records relating to this contract. 24 E -Verify Compliance As a condition precedent to entering into this Agreement, and in compliance with Section 448.095, Fla. Stat., Consultant and its subcontractors shall, register with and use the E -Verify system to verify work authorization status of all employees hired after January 1, 2021. Consultant shall require each of its subcontractors to provide Consultant with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. Consultant shall maintain a copy of the subcontractor's affidavit as part of and pursuant to the records retention requirements of this Agreement. City, Consultant, or any subcontractor/subconsultant who has a good faith belief that a person or entity with which it is contracting has knowingly violated Section 448.09(1), Fla. Stat. or the provisions of this section shall terminate the contract with the person or entity. City, upon good faith belief that a subcontractor knowingly violated the provisions of this section; but Consultant otherwise complied, shall promptly notify Consultant and Consultant shall immediately terminate the contract with the subcontractor. An agreement or contract terminated under the provisions of this section is not a breach of contract and may not be considered such. Any agreement or contract termination under the provisions of this section may be challenged pursuant to Section 448.095(2)(d), Fla. Stat. Consultant acknowledges that upon termination of this Agreement by the City for a violation ipE TAMARAC of (n The City For Your Life Vol, 11w.mo ood (wWt" is oo of this section by Consultant, Consultant may not be awarded a public contract for at least one (1) year. Consultant further acknowledges that Consultant is liable for any additional costs incurred by the City as a result of termination of any contract for a violation of this section. Consultant or subcontractor shall insert in any subcontracts the clauses set forth in this section; requiring the subcontractors to include these clauses in any lower tier subcontracts. Consultant shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in this section. 25 Public Records Custodian IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: CITY CLERK 7525 NW 88TH AVENUE ROOM 101 TAMARAC, FL 33321 (954) 597-3505 C ITYC LERK@TAMARAC.ORG 12 459 i ltti' ,J TAMARAC The City For Your Life IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. CITY OF TAMARAC, signing by and through its Mayor and City Manager, and CONTRACTOR, signing by and through its President / CEO duly authorized to execute same. ATTIE "J *berly DilloK, CIVIC ity Clerk Date Z i-�jii,,ISHED -1963 SEAL ATTEST: cou 0010�0 Signature of Corporate Secretary Type/Print Name of CVporate Secy. Y'.z (CORPORATE SEAL) CITY OF TAMARAC Michelle JGomez, FLevent SNcuoglu, City Manager Date Appr v d"' 0 form and legal sufficiency: f�Xs Ottinot,City Attorney le k; Date Carmeuse Lime and Stone, Inc. C, o M -P a—n yAl a m e Signat&e of -v Q 181511,0w RP r -9-n �A000w'r Av WWI FTVIM Name of4ara&We"44,90 ?10e Date 13 460 TAMARAC The City For Your Life CORPORATE ACKNOWLEDGEMENT STATE OF COUNTY OF I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the -Slate nforp-mid and in the County aforesaid to take acknowledgments, personally appeared 40lo a _Corporation, to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that he/she executed the same. WITNESS my hand and official seal this Z,961� y of, DID take an oath, or 14 461 Commonwealth of Pennsylvania - Notary Seal T Dana Brooks, Notary Public Signature of Notary Public Allegheny County My commission expires December 31, 2025 State 0 af Large At fewf A461� Commission number 1281017 Member, Pennsylvania Association of Notaries Print, Type or Stamp Name of Notary Public Personally known to me or Pr -,4. ced Identification -Type of I.D. Produced DID take an oath, or 14 461 Exhibit A - Schedule of Prices AGENCY ANNUAL USAGE DELIVERED PRICE PER TON YEAR 1 DELIVERED PRICE PER TON YEAR 2 DELIVERED PRICE PER TON YEAR 3 City of Hollywood 1 5550 1 $ 475A0 $ 498.75 $ 523.68 ►, riv, 0 ACOR '70 CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDNYYY) `� 1(li2024 12/22/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER LOckton Companies CONTANAME: CT -- ..........F� _- Three City Place Drive, Suite 900 PHONE ........... ....._----..� A/C 10 1. _ St. Louis MO 63141-7081 -MAIL (314)432-0500 ADDRESS: _ INSURER S AFFORDING COVERAGE NAIC # $, 500 000 INSURER A: State -National InsuranceCojppanyzlnc._ _. 1.2831 INSURED Carmeuse Lime, Inc. and all subsidiaries 1356795 INSURER B National Union Fire Ins Co Pitts. PA — ---- -_ _ __.. 1-9445__, 11 Stanwix Street, 21 st Floor INSURER C AIU Insurance Company 19399 Pittsburgh PA 15222 INSURERD: INSURER E INSURER F: COVERAGES C'ARMIT CFRTIFICATF NtIMRFR- I1AAA1RA REVISION NUMBER: XXXXXXX THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. AD -DL 311BR __..._.._ __ .----... POLICY EFFPOLICY EXP LIMITS LTR TYPE OF INSURANCE POLICY NUMBER MMIDDIYYYY MM/DD A X.. COMMERCIAL GENERAL LIABILITY Y N RDN-11242-CGX 1/1/2023 1/1/2024 EACH OCCURRENCE . _._.. $ I UUU 000 _ r 1 DA A Ffizi $, 500 000 _ }(] CLAIMS -MADE ( . I OCCUR PREMISES (Ea nccurren�__- gAcpun — _ ...._.___ _...._._ — _.. MED EXP (Any one person) .. $ 15,000 _ __ PERSONAL 8 ADV INJURY $_j000,010 GEN'L ...__ _. AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,0_01,000 H_ POLICY I JECT '.I LOC PRODUCTS - COMP/OP AGG S 2 000,000 OTHER: $ B AUTOMOBILE LIABILITY N N 8682553 (AOS) 1/1/2023 )/1/2024 COMBINED SINGLE LIMIT Ea ac ideng_ $ 000000 � _. B C X ANY AUTO 8682554 VA) 8682555 MA) 1/1/2023 )/1/2023 1/1/2024 i(l 2024 BODILY INJURY (Per person)' S., XXXXXXX OWNED SCHEDULED BODILY INJURY (Per accident) $ XXXXXXX AUTOS ONLY _ AUTOS HIRED NON -OWNED PROPERTY DAMAGE $XXXXXXX AUTOS ONLY AUTOS ONLY IPer acrJdent) ___ „-__. _ _—_. $XXXXXXX A X UMBRELLA LIAR HOCCUR N N RDN-11243-UMX 1/1/2023 1/1/2024 EACH OCCURRENCE $ 5,000 000 EXCESS LIAB CLAIMS -MADE _ AGGREGATE _ 1111 $ S 000:000--___ DED RETENTION$ $ XXXXXXX �- WORKERS COMPENSATION ANDEMPLoYERS'LIABILITv 1V WC: 067713193 AOS) 1/1/2023 1/1/2024 X PER ERH _ __. C ANYPROPRIETOR/PARTNER/EXECUTIVE YIN WC 067713192 (WI) 1(1/2023 1/1/2024 E.L. EACH ACCIDENT $ 1 000,100 OFFICERMIEMBER EXCLUDED? (Mandatory In NH) NIA _ E.L. DISEASE - EA EMPLOYEE —� _ $ 1.Q�.000 ,... itSd describo under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ 1.000.000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 161, Additional Remarks Schedule, may be attached it more apace is required) CITY OF TAMARAC IS ADDITIONAL INSURED UNDER GENERAL LIABILITY AS REQUIRED BY WRIMiN CONTRACT. 12043280 CITY OF TAMARAC ATTN: KEITH K. GLATZ 7525 NW 88TH AVENUE TAMARAC FI, 33321 ACORD 25 (2016/03) Lf�\i Lia Fl1►:11i11]i. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED Oe1 The ACORD name and logo are registered marks of ACORD . All riahts reserved. ►, P& Attachment Code: D545910 Master ID: 1356795, Certificate ID: 12043280 CITY OF TAMARAC ATTN: KEITH K. GLATZ 7525 NW 88TH AVENUE TAMARAC FL 33321 To whom it may concern: In our continuing effort to provide timely certificate delivery, Lockton Companies is transitioning to paperless delivery of Certificates of Insurance. To ensure electronic delivery for future renewals of this certificate, we need your email address. Please contact us via one of the methods below, referencing Certificate ID 12043280. •Email: STL-edelivery@lockton.com •Phone: (866) 728-5657 (toll-free) If you received this certificate through an internet link where the current certificate is viewable, we have your email and no further action is needed. In the event your mailing address has changed, will change in the future, or you no longer require this certificate, please let us know using one of the methods above. The above inbox is for providing e -Delivery email addresses for next year's renewal certificates ONLY. Your information will be input within 90 days. Thank you for your cooperation and willingness in reducing our environmental footprint. Lockton Companies Lockton Companies DocuSign Envelope ID: 07809635-C84F-4B2C-8C4B-9114BI0ABBEF UNANIMOUS WRITTEN CONSENT OF THE BOARD OF DIRECTORS OF CARMEUSE LIME & STONE, INC. The undersigned, being all of the members of the Board of Directors of Can-neuse Lime & Stone, Inc., a Delaware Corporation (the "Corporation"), do hereby vote for, consent to, authorize and adopt the following resolutions by unanimous written consent pursuant to Section 141(f) of the Delaware General Corporation Law, with the same force and effect as if the undersigned had been present at a meeting of the Board of Directors of the Corporation and had voted for the same: WHEREAS, the Corporation desires to restate its entire list of officers in order to reflect changes in the management of the Corporation; RESOLVED, that the following persons be, and they hereby are, elected to the offices set forth opposite their names below and to hold such offices until their successors have been duly elected and qualified: Yves Willems President and CEO Jack Fabler Chief Operating Officer Jose Voisin Chief Information Officer Jonathan Bright Vice President, Finance Jeff Bittner Senior Vice President, Operations Melissa Croll Vice President, Human Resources Alain Baert Vice President, Engineering Phil Piggott Vice President, Sales and Marketing Eric Segal Vice President, Supply Chain Mary D. Colin Treasurer, Assistant Secretary Nicholas Bonarrigo VP Legal and Environmental, General Counsel and Secretary David Mikan Tax Director RESOLVED, that the above elected officers do hereby replace and supplant the previous officers of the Corporation, and the elected officers do hereby commence to serve as officers of the Corporation from the date hereof; RESOLVED, that the officers of the Corporation be, and they hereby are, authorized to do or cause to be done any and all such acts and things and execute and deliver any and all documents and papers as they may deem necessary or appropriate to carry out the purposes of the foregoing resolutions; RESOLVED, that a copy of this Unanimous Written Consent of the Board of Directors be delivered to the Secretary of the Corporation with direction that it be filed and maintained with the corporate records of the Corporation. DocuSign Envelope ID: 07809635-C84f--4B2C-8C4B-9114B10ABBEF IN WITNESS WHEREOF, the undersigned have executed this Unanimous Written Consent of the Board of Directors as of the I" Day of January, 2023. i DocuSigtied by: (A(�As v�o'�"S"454F 60F470-, Yves Willerns DocuSigned by, Fati&r 4/3p384F1649492— Jack Fahler Being all the Directors of Camieuse Lime & Stone,lnc. [Signature Page to UnaninIOLIS Consent in Writing of the Board of'Directors of Canneuse Lime & Stone, Inc.] ui�� 7.F Consent Bids and Purchases over $100,000 11/7/2023 Proposed Resolution No. R23-166- Approve CIP budget amendment and Task order UT - 2E -06 with Alexis Knight Architects, Inc., for design and construction management of the Arts and Cultural Center Auditorium. Requested Action: Approve the use of CIP fund balance in the amount of $119,895 to hire Alexis Knight Architects for design and construction management of the auditorium at the Boynton Beach Arts & Cultural Center. Explanation of Request: On March 21, 2023, the City Commission approved utilizing $750,000 in ARPA funds for the buildout of the auditorium at the Arts & Cultural Center. Staff subsequently met with multiple vendors both locally and out of state and after further evaluating the complexity of the integration of audio, acoustics and lighting, has determined the need to hire a consultant that has the specialized expertise needed to design and oversee construction of this project. Due to the procurement restrictions imposed by the use of ARPA funds, hiring an architecture firm from the City's General Consulting Services RFQ No. 046- 2821-17/TP will produce the best end product in the most expeditious manner. Therefore, additional funds are needed from the City's CIP fund balance. How will this affect city programs or services? Building out the internal components of tl initially intended to be part of the construc Center but was delayed due to lack of need manage the project. With the creation of activation of the Arts & Cultural Center, they the completion of the project. e auditorium at the Arts & Cultural Center was tion of the new City Hall and the Arts & Cultural during Covid and the lack of in-house expertise to the new Department of Arts & Culture and the is a renewed emphasis and capacity to oversee The project timeline provided by the consultant anticipates design completion by January 2024 and construction completion by Summer 2024. Fiscal Impact: The design and construction management budget of $120,000 will be funded from Fund 302 reserves. This action will amend the Capital Improvement Fund, thus creating a new project GG24xx in account 302-4415-572.62-01. With the significant cost increases in goods and services, paying the design and construction 467 oversight costs out of the CIP fund balance will partially alleviate the need for requesting additional funds for materials and equipment during construction. Attachments: Resolution approving FY23-24 Budget Amendment (Art&Cultural Center)) AKArchitects Proposal for Services - Boynton Beach Cultural Center.pdf Alexis Knight Architects Inc - 2-16-2024.pdf Fully Executed Agreement - Alexis Knight Architects.pdf FY2324 Fund 302 Budget Amendment for Arts&Culture Proj.pdf 468 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 RESOLUTION R23-166 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE FISCAL YEAR 2023-2024 BUDGET FOR THE CAPITAL IMPROVEMENT FUND (302) AND APPROVING THE USE OF CIP FUND BALANCE IN THE AMOUNT OF $119,895 TO HIRE ALEXIS KNIGHT ARCHITECTS FOR DESIGN AND CONSTRUCTION MANAGEMENT OF THE AUDITORIUM AT THE BOYNTON BEACH ARTS & CULTURAL CENTER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Fiscal Year 2023 -24 Budget was adopted September 27, 2023; and WHEREAS, on March 21, 2023, the City Commission approved utilizing $750,000 in ARPA funds for the buildout of the auditorium at the Arts & Cultural Center; and WHEREAS, Staff subsequently met with multiple vendors both locally and out of state and after further evaluating the complexity of the integration of audio, acoustics and lighting, has determined the need to hire a consultant that has the specialized expertise needed to design and oversee construction of this project; and WHEREAS, the design and construction management budget of $120,000 will be funded from Fund 302 reserves which will amend the Capital Improvement Fund, thus creating a new project GG24xx in account 302-4415-572.62-01; and WHEREAS, the Capital Improvement Fund (302) will be amended to reflect the increased appropriations from $6,387,691 to $6,507,691; and WHEREAS, accordingly staff is requesting Commission approval to amend the Fiscal Year 2023-24 budget as noted specifically on Exhibit A. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: 28 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 29 30 31 32 33 34 being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. That the City Commission hereby approves amending the Fiscal Year 2023-2024 Budget for the Capital Improvement Fund (302) accounts which will adjust budgeted appropriations, as noted on Exhibit "A" which Exhibit is attached hereto and incorporated herein by reference. S:ACA\RESO\Budget\2023 - 2024 BudgetTY23-24 Budget Amendment Resolution - (Art&Cultural Center)).Doex 469 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. That the City Commission hereby approves the use of CIP fund balance in the amount of $119,895 to hire Alexis Knight Architects for design and construction management of the auditorium at the Boynton Beach Arts & Cultural Center. Section 4. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this 7th day of November, 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: Shawna G. Lamb City Attorney S:ACA\RESO\Budget\2023 - 2024 Budget\FY23-24 Budget Amendment Resolution - (Art&Cultural Center)).Docx 470 CITY OF BOYNTON BEACH CAPITAL APPROPRIATION AMENDMENTS BUDGET YEAR 2023-24, Commission Meeting 11/07/23 2023/24 ADOPTED CAPITAL IMPROVEMENT FUND 302 -0000 -389.91 -OC FUND BALANCE APPROPRIATED Adopted Fund Total Revenues 302-4415-572.62-01 BUILDING IMPROVEMENTS Adopted Fund Total Expenses Amendment IDGET Revenue Budget 1,899,691 120,000 Exhibit A 2023/24 AMENDMENT AMENDED related to BUDGET PROJECT NUMBER ProiectName / Comments/ Vendor 2,019,691 6,387,691 120,000 6,507,691 - 120,000 120,000 GG24xx 6,387,691 120,000 6,507,691 Boynton Beach Arts & Cultural Center 5:\Finance\Budget Amendments and Transfers\FY2023-24\Current Year Amendment\FY2324 Fund 302 Budget Amendment for Arts&Culture ProjAtrs CIF Amendment 11072023 1471 :40 PM ALEXIS KNIGHT / \RC H ITECTS Sustainable Design + Innovative Solutions October 19, 2023 Mr. Kevin Ramsey The City of Boynton Beach Construction Department Manager 100 E Ocean Ave Boynton Beach, FL 33435 ramseyk(a)bbfl.us RE: Project Services for: The City of Boynton Beach Cultural Center Auditorium Improvements Phase I: Design Services Phase II: Construction Administration Services 125 East Ocean Avenue Boynton Beach, FL 33435 AKA No. 23.0063 Dear Mr. Ramsey; Alexis Knight Architect, Inc. (AKArchitects) is pleased to provide this revised proposal for architectural and engineering services. These services include the tasks defined in this proposal and will result in the preparation of the Phase I: Design Services and Phase II: Construction Administration Services for the improvements to the Cultural Center Auditorium, located at 125 East Ocean Avenue, in Boynton Beach, Florida. Please review the enclosed Architectural Services Agreement including Attachment A: Scope of Services, Attachment B: Professional Fees, and if acceptable, sign and return this agreement. AKArchitects will begin this project within five (5) business days of receiving written acceptance and execution of this agreement for these services. This written proposal will be valid for thirty (30) days from the date of this proposed agreement. cc: Project File Sincerely,`" i night *� itect, Ific. Steven W. KnX t, R.A., A.I.A. President %%, ALEXIS KNIGHT ARCHITECTS 100 NE 6th Street, Suite 102 Boynton Beach, FL 33435 561 374 9242 sknight@akarchitectsinc.com 472 Architectural Service Agreement October 19, 2023 Project Services for: Cultural Center Auditorium Improvements Phase I: Design Services Phase II: Construction Administration Services 125 East Ocean Avenue Boynton Beach, FL 33435 AKA No. 23.0063 This proposal is hereby issued this 19th day of October, 2023 and shall become the agreement between The City of Boynton Beach, subsequently referred to as the "Client, and Alexis Knight Architect, Inc. (AKArchitects), subsequently referred to as the "Architect." These services are being offered under our current General Consulting Services Agreement. By joining in this Agreement, the Client retains Alexis Knight Architects, Inc. to provide architectural and engineering services. These services include the tasks defined in this proposal and will result in the preparation of the Phase I: Design Services and Phase II: Construction Administration Services for the improvements to the Cultural Center Auditorium, located at 125 East Ocean Avenue, in Boynton Beach, Florida, subsequently referred to as "Project." By this Agreement, the scope of Alexis Knight Architect's services for this Project is limited to that described in Attachment A: Scope of Services. Client agrees to compensate Alexis Knight Architects for providing the above services in the manner described in Attachment B: Professional Fees. Client agrees to compensate Alexis Knight Architects for services in the manner described in Attachment C: Standard Hourly Rates as described in our General Consulting Services Agreement dated August 22, 2018. Client agrees to the contractual conditions as described in our General Consulting Services Agreement dated August 22, 2018. Alexis h Architect,lnc. 01 Steven W. Knight Title: President°.„„ Date: October 19, 2023 Client: The City of Boynton Beach M Date: ALEXIS KNIGHT ARCHITECTS 100 NE 6th Street, Suite 102 Boynton Beach, FL 33435 561 374 9242 sknight@akarchitectsinc.com 473 Architectural Service Agreement Attachment A: Scope of Services October 19, 2023 Project Services for: Cultural Center Auditorium Improvements Phase I: Design Services Phase II: Construction Administration Services 125 East Ocean Avenue Boynton Beach, FL 33435 AKA No. 23.0063 Project Description: This project includes selected improvements to the existing 5,954 square foot auditorium, including the stage and other portions of the auditorium located within the Boynton Beach Cultural Center, at 125 East Ocean Avenue, in Boynton Beach, Florida. AKArchitects will work with the Client to finalize the conceptual design and prepare the construction and permit drawings for the new interior improvements. The purpose of this project is for the design and installation of audio, digital video screens, stage lighting/ curtain systems, public address (PA) system, window shades, acoustical treatments and additional miscellaneous improvements/ upgrades to the auditorium space as necessary for a complete project installation at the City of Boynton Beach Arts & Cultural Center Auditorium Space. The auditorium is expected to be used as an event space and for performing arts activities. The scope of work shall be as discussed during our pre -proposal site visit which took place September 26, 2023. The project program includes, but may not be limited to the following: The design of Digital LCD Wall plus two digital screens, Acoustical Improvements as outlined in the Acoustical Study as provided by the Client, Electronic Window Coverings, Audio, Lighting, Rigging, Stage Curtains, Front of House Control Desk, outlined in the scope of work. Work includes but not limited to: • Audio System: Recommendation/ Design of audio system that includes all components, equipment, materials, etc. required for a complete installation, including but not limited to speakers, mixing consoles (portable), mix monitors, equipment rack, microphones (cordless), etc. • Digital Video System: Recommendation/ Design of IP digital 4K video wall designed to work in both a networked and traditional video wall, comprised of multiple thin bezel displays that includes all components, video controller, equipment., materials, etc. required for a complete installation. Inputs shall include, Cable TV ALEXIS KNIGHT ARCHITECTS 100 NE 6th Street, Suite 102 Boynton Beach, FL 33435 561 374 9242 sknight@akarchitectsinc.com 474 Tuner, video feeds from PC workstation video feeds, HDMI, dual input encoder, 3G -SDI, composite, VGA, separate digital displays located on both sides of stage -managed by video wall controller used to display additional content. • Stage Lighting System: Recommendation/ Design of stage lighting system, that includes all components, equipment., materials, etc. required for a complete installation, including but not limited to — lighting console with iPad, LED light fixtures, lighting support framing, stage rack, stage rigging, etc. Stage lighting must be able to be manipulated/ controlled electronically. • Stage Curtains System: Recommendation/ Design of stage curtain system that includes all components, equipment., materials, etc. required for a complete installation, including but not limited to- downstage main curtains, valance, mid -stage traveling curtains borders and pivot curtains. • Front of House Control Desk: Recommendation/ Design of a compatible control console that controls all systems audio, digital, lighting, curtain systems and window shade systems. Exact location shall be determined / coordinated with the City. • Public Address (PA) System: Recommendation/ Design of a public address (PA) system. • Window Shades: Recommendation/ Design of window shades with some acoustical properties to be installed at each window within the auditorium space. Window shades shall be controlled electronically with manual back-up (Electronic automation) to block natural light/ sunlight during performances. • Acoustical Improvements: Recommendation/ Design of any additional acoustical improvements that may be required for the existing space pending installation of stage curtains and acoustical window shades. • Stage Flooring: Evaluation and recommendation/ Design of existing stage flooring for appropriate upgrades. • Miscellaneous items: Design of all miscellaneous upgrades/ improvements to existing systems (electrical, mechanical, fire sprinkler, finishes, low voltage, etc.) as necessary to accommodate the new work. These documents will be used to solicit competitive bids, issue the required permit application package for the completion of these improvements. ALEXIS KNIGHT ARCHITECTS 100 NE 6th Street, Suite 102 Boynton Beach, FL 33435 561 374 9242 sknight@akarchitectsinc.com 475 Scope of Basic Services: AKArchitects shall perform the architectural and engineering services defined in this agreement. The services for this project will be provided in two phases. Phase I Services: Design and Preparation of Construction and Permit Drawings AKArchitects is hereby offering project due diligence, conceptual design and estimating services necessary to establish the scope and probable cost of the project After approval of our agreement and receiving authorization to proceed, the design team shall provide the following services and deliverables: • Due Diligence and Field Work • Conceptual Design • Preparation of Construction and Permit Drawings • Opinion of the Probable Cost of Construction These services will be provided by the Project Team: Alexis Knight Architects, Inc....................................................................................................Architectural Services ONMU Structural Engineers, Inc..........................................................Structural Engineering Services A.P. Consulting Engineers, Inc ...................................................Mechanical, Electrical, and Plumbing Engineering Peerson Audio....................................................................................................Audio Visual Services Edward Dugger + Associates, Inc................................................................Acoustic Engineering Services The Client and the above-mentioned design professionals will form the project team. The purpose of this project development phase of the project is to defined the existing conditions of the building, work scope, the program and the estimated cost of the improvements required to satisfy the requirements of the project program. Due Diligence and Field Work: AKArchitects will provide the field work and an assessment of the existing building conditions. The scope of this work will include the following: • The Architect and Engineers will visit the property and observe the conditions of the existing interior space. The Team will measure, record and photograph the conditions as required to prepare a written assessment report.. • The Architect and Engineers will assess the overall building (specifically in the areas of renovations) to determine the condition • The Architect will prepare an existing condition floor plan background. This plan will be used during the upcoming conceptual design phase of the project. ALEXIS KNIGHT ARCHITECTS 100 NE 6th Street, Suite 102 Boynton Beach, FL 33435 561 374 9242 sknight@akarchitectsinc.com 476 Conceptual Design: AKArchitects will prepare the conceptual design of this project. The conceptual design services will include the following: • The Architect will meet with the Client to establish the program (1 meeting). • The Architect will prepare a conceptual floor plan layout showing the new interior improvements. The final conceptual floor plan will become the basis for the preparation of the construction documentation offered as part of the basic services. Once the conceptual design has been developed, the design team will provide the services as required to complete the Construction and Permitting Documents. The Architect will work carefully to illustrate the best layout, based on the Client's needs. In an effort to best satisfy the requirements of the Client, the Architect will make revisions to the concept, until Client approves the concept. If this process becomes extensive, laborious and excessive changes persist, the Architect will ask the Client for fees required to compensate the Architect for additional time required to complete this phase of the project services. Preparation of Construction and Permit Drawings: AKArchitects will prepare the construction documents for this project. These documents will include drawings and specification annotations. The scope of the drawing preparation work will be based on the design development drawings and will include the following: The project deliverables shall include the following: • Architectural drawings including building improvements and annotations. • Electrical engineering and lighting design and annotations • Audiovisual design and engineering • Structural drawings and annotations • Acoustical engineering drawings and annotations The City will be conducting reviews on documents submittals at 30%, 60% & 100% completion levels. Preparation of an Opinion of the Probable Cost for Construction AKArchitects will prepare an Opinion of the Probable Cost for Construction. • The Cost Estimating Consultant will prepare a cost estimated, based on the completed construction drawings. • This deliverable will include a line -item cost presentation and a lump sum value. ALEXIS KNIGHT ARCHITECTS 100 NE 6th Street, Suite 102 Boynton Beach, FL 33435 561 374 9242 sknight@akarchitectsinc.com 6 477 Phase II Services: Construction Administration AKArchitects is hereby offering following construction administration services for this project. Permitting Assistance Services Bidding Assistance Services Construction Administration Services These services will be provided by the Project Team: Alexis Knight Architects, Inc....................................................................................................Architectural Services ONMU Structural Engineers, Inc..........................................................Structural Engineering Services A.P. Consulting Engineers, Inc ...................................................Mechanical, Electrical, and Plumbing Engineering Peerson Audio....................................................................................................Audio Visual Services Edward Dugger + Associates, Inc................................................................Acoustic Engineering Services The Client and the above-mentioned design professionals will form the project team. The purpose of this project development phase of the project is to defined the existing conditions of the building, work scope, the program and the estimated cost of the improvements required to satisfy the requirements of the project program. Permitting Assistance: AKArchitects will provide assistance in obtaining the building permits. The General Contractor or the Client will prepare the permit application and issue the required information to the local permitting department. AKArchitects will issue necessary interpretations, revisions and clarifications and prepare drawing revisions required by the building permit agency during the permitting process. Bidding Assistance: AKArchitects and their consultants will provide bidding assistance services for this project. The Architect will assist the Client as follows: • The Architect will assist the City of Boynton Beach in preparing a list of prospective bidders. • The Architect will prepare/review modifications and updated bid documents including drawings, invitation to bid and other documents as provided by the City of Boynton Beach. • The Architect will assist the Client in preparing a schedule for the bidding phase of the project. This schedule will include landmark dates such as the issuance and pre-bid meeting, final date for submission of requests for information (RFI's), issuance of final addendum and bid due date. • The Architect will assist the Client in administering a Pre -Bid Conference with the General Contractor. • The Architect will modify the documents to include additional information related to requests for information (RFI's) issued by the contractors during the bidding phase of the project. ALEXIS KNIGHT ARCHITECTS 100 NE 6th Street, Suite 102 Boynton Beach, FL 33435 561 374 9242 sknight@akarchitectsinc.com 478 • The Architect will prepare addenda and issue same to each bidder. • The Architect will receive, tabulate bids, review the bids with the Client and make a recommendation regarding the selection of the contractor. • The Architect will assist the Client in executing the Professional Agreement Between the City of Boynton Beach and Vendor. The Client's General Contractor will administer the formal bidding process and provide all other assistance during this phase of the project. Construction Administration: AKArchitects will provide construction phase administration services for services for the portion of work as defined in this proposal. Once the permits for the new work have been issued by the local authority having jurisdiction and the construction phase of the project begins, the Architect will provide the construction phase administration services, defined herein. The Architect and Engineers will provide the following services: Observation Services: • The Architect and Engineers will observe the project during the construction phase, to ensure that the materials, assemblies and finish product is consistent with the work included and defined in the construction documents. • The Architect and Engineers will provide site visits and progress reporting on an as needed basis. A site visit report will be prepared, defining the work observed and in progress Administration Services: • The Architect and Engineer will review shop drawing submittals issued by the General Contractor. • The Architect and Engineers will review monthly applications for payment as submitted by the general contractor. • The Architect and Engineer will answer RFI's and questions from the field and provide written clarification to the Client and contractor. • The Architect and Engineer will provide written clarification and drawing revisions as required by the local permitting authority. • The Architect will provide a final "punchlist" walk-through to ensure that the project has been completed in accordance with the contract drawings. ALEXIS KNIGHT ARCHITECTS 100 NE 6th Street, Suite 102 Boynton Beach, FL 33435 561 374 9242 sknight@akarchitectsinc.com 8 479 Qualifications and Exclusions: Please note that this fee proposal is based on our understanding of the project scope and the information that is presently available. This fee proposal is presented in accordance with the following Qualifications and Exclusions. Qualifications: AKArchitects will not provide any "value engineering" or any other "plan modifications" to reduce or alter the overall project cost, based on the Opinion of the Probable Cost for Construction as provided. Exclusions: AKArchitects will not provide the following services: Exclusions: AKArchitects will not provide the following services: • Value engineering — Making design and plan changes to reduce cost • Construction and material testing • Services for obtaining any variances, change in use permits or special approvals required by the building department for the physical installation of any portion of this project • Services for making client or contractors requested plan and design revisions which occur after final acceptance of the documents (100% completion levels) and during construction. • Services for additional building or site design beyond those necessary to support the scope of work defined in this proposal • Detailed cost estimating services Project Schedule: Please note that this schedule is based on our understanding of the project scope and the information that is presently available. The City of Boynton Beach would like to commence construction on this project by the beginning of the second quarter of 2024. Therefore, it is expected that final design documents be completed by January of 2024. Construction duration is assumed to be 4 months total — 3 months to substantial completion and 30 days to final. ALEXIS KNIGHT ARCHITECTS 100 NE 6th Street, Suite 102 Boynton Beach, FL 33435 561 374 9242 sknight@akarchitectsinc.com 480 Architectural Service Agreement Attachment B: Professional Fees October 19, 2023 Project Services for: Cultural Center Auditorium Improvements Phase I: Design Services Phase II: Construction Administration Services 125 East Ocean Avenue Boynton Beach, FL 33435 AKA No. 23.0063 Basis of Charges: Phase I Services: Design and Preparation of Construction and Permit Drawings Charges for basic Phase I professional services performed by our firm for services listed in the SCOPE OF SERVICES will be made on the basis of a Lump Sum Fee in the amount of $80.115.00 including expenses (not including any permitting fees). Due Diligence and Field Work................................................................................ $ 3,505.00 Conceptual Design Services................................................................................ ............$15,610.00 Construction and Permit Documentation Phase Services ......................................... ............$54,625.00 Opinion of the Probable Cost for Construction............................................................. $ 5,875.00 Expenses.......................................................................................................................$ 500.00 Total $80,115.00 Basis of Charges: Phase II Services: Construction Administration Charges for basic Phase I! professional services performed by our firm for services listed in the SCOPE OF SERVICES will be made on the basis of a Lump Sum Fee in the amount of $39,780.00.00, including expenses (not including any permitting fees). Bidding Assistance Services.................................................................................... $ 8,595.00 Permitting Assistance Services................................................................................. $ 6,130.00 Construction Phase Services.................................................................................... $24,555.00 Exaenses.......................................................................................................................$ 500.00 Total $39,780.00 The additional services defined in this proposal will be provided, based on the hourly rates as included in our agreement. A Not To Exceed fee, excluding expenses, will be negotiated for each additional task. ALEXIS KNIGHT ARCHITECTS 100 NE 6th Street, Suite 102 Boynton Beach, FL 33435 561 374 9242 sknight@akarchitectsinc.com 10 481 Architectural Service Agreement Attachment B: Professional Fees Alexis Knight Architect Inc. IOP NE 6th °itreet Suute 902 B rico Beach, FL 634Y Tek hrnne: l(r7 374YL41 I=ee Pia 111 ervlces - Phase t Desigh and ComstrOction Drawing - Boynton Beach Cultural Center Interior Improvements Due Diligence and Field Work Oct 19, 2023 $ 3,505.00 Conceptual Design Services $ 15,610.00 Construction and Pennil DOCOlnentatinn Phase Services $ 54,625.00 Opinion of the Probable Cost for Constn¢fiorr $ 6,875.00 Expenses Total Task Fee $ 500.00 $ 80,715.00 a%' n g Cgl'i Ct8 ................ grcirtteuturalServices Personnel Princi al ProectManor Senior Arch Architect CADD tech Admin Total Hours Hourly Rate $ 135.00 $ 95.00 $ 85.00 $7500 $ 75.00 $ 6600 Hours Total Fee Task Description Due Dili ence and Field Work 2 4 4 4 0 15 $1,365,00 '..,;.......,... !Conceptual Design :rer'W'ICaS 5 8 8 16 24 0 64 $ 5,520.00 Construction and Permit Documentation Phase Services 16 16 40 56 88 0 216 _ _ $17,880.00 Opinion of the Probable Cast for Construction 92 16 "1 0 0 0 29 $3,225,00 Expenses I 1 1 $ 500 GO : Total Hours 38 44 53 73 116 0 324 Total Task Fee $ 5,130.00 $ 4,18000 $ 4,505.00 $ 5,475.00 $ 8,700.00 $ 0.00 $ 28,490.00 gt9r» W Strucura" 'taearing Structural EngineeringServices Personnel Principal Projec4 Manager Prolect Engineer Engineer CARD Tech Admin Total Hours ........' Hourly Rate $ 135.00 $ 120.00 $'100.00 $ 95.00 $ 55.00 $ 60.00 Hours Total Fee Task Description Due Diligence and Field Work '1 2 U 1 0 0 4 $ 470.00 Conceptual Design Services '1 2 0 1 0 0 4 $ 477 0.(M _ m Construction and Permit Docvnnentation Phase Services 1 4 2 14 24 0 45 $3,94500 Opinion of the Probable Cost for C0115trUCi10 2 2 2 0 0 0 6 $ 7'10.(30 "'.... Total Hours 5 10 4 '18 24 0 59 Total Task Fee $ 675.00 $ 1,200.00 $ 400.00 $ 1,520.00 $ 2,040.00 $ 0.00 $ 5,595.00 Pearson Audie ................Audiovisual Design Services elect m Personnel Principal Project Manager Pr Engineer Enclincer CADD Tech Admin Total Hours Hourly Rate $ 150.00 $ 140.00 $ 100.00 $ 95 00 $ 85.00 $ 66.00 Hours Total Fee Task Description Due Diligence and Field Work 2 2 U 0 0 0 4 $58000 Conceptual Design Services €I 12 0 0 0 0 20 S2 R80 00 Construction and Permit Docunrentation Phase Services 8 16 24 40 64 0 152 $ 1444000 Opinion of the Probable Cost for Construction 2 2 0 0 0 0 4 Total Flours 20 1 32.. 24 40 1 64 0 100 ,. ........ '.. Total Task Fee $ 3,000.00 $ 4,480.00 $ 2,400.00 $ 3,800.00 $ 5,440.00 $ 0.00 $ 18,480.00 AA Consulting Erig'n is Electrical Lighting,andContrOlSwvB r Personnel Principal Senior Engineer Pr ect Engineer Engineer CADD Tech Adrnm Total Hours Hourly Rate $ 135.00 S12000 $100.00 $ 95 00 $ 8,5.00 $ 66 00 Hours Total Fee Task Description i Due Dili ence and Field Work 2 2 0 0 0 0 4 $ 5'1000 Conceptual Design Services 8 8 5 8 10 0 48 $ 4.,$00.00 `'. Construction and Permit Documentation Phase Services €I 4 24 32 56 0 124 $ 11,20000 Opinion of the Probable frost for Construction 2 1 1 0 7 $ 780.00 ' Totin1 Hours 20 41 73 0 103 Total Task Fee $ 2,700.00 00 $ 3,895.00 $ 6,205.00 $ 0.00 $ 17,290.00 EeWrslrrl our gar 4 Assoclates' - j$M140.00$1W0O AaouusticadEn lneerul ,Servtcea Personnel Principal ineer Engineer CADD Tech Admin Total Hours Hourly Rate $ '150.00 O $ 95.00 $ 85.00 $ 66.00 Hours Total Fee Task Description Due Diligence and Field Work 2 2 0 0 0 0 4 $ 580.00 Conceptual Design Services 2 2 0 8 8 0 20 $1,940 00 and Permit Documentation Phase Services 2 1 16 '15 48 0 83 $ 1 113000 Opinion of the Probable Cost fur f.6nsiR1Ch0n 2 2 0 D 0 0 4 1 580.00 EConstruction Total Hours B 7 10 24 56 0 477 Total Task Fee $ 1,200.00 $ 980.00 $ 1,600.00 $ 2,280.00 $ 4,760.00 $ 0.00 $ 10,260.00 .Total Fee 1 1 $ 80,115.00 ALEXIS KNIGHT ARCHITECTS 100 NE 6th Street, Suite 102 Boynton Beach, FL 33435 561 374 9242 sknight@akarchitectsinc.com �W' Architectural Service Agreement Attachment B: Professional Fees Alexis Knight Architect Inc. IUU ME. firth Street SuiPe. 9f12 6'a nion Eiew,ch, FL 334 Tele hone 561 374 9242 Fee Project Services,- Phase It, Construcffoin. AdminstratIon Sery les - Boynton Beach Cultlur Centel* Interrrot Improvements Bidding Assistance Services Oct.1S4023 i $ 8,595.00 , Permitting Assistance Services $ 6,130.00 Conskrucriorr Phase Services $ 24,555.00 'Expenses $ 500.00 - Total Task Fes $ 39,780.00 Ales Knl &d Architects ArchltasturM Sen+ices Personnel Principal Project Man r Senior Arch Architect CADD Tech Admin Total Hours Hourly Rate $ 13500 $ 95.00 $ 85 00 $ 751.00 $ 75.06 $ 66.00 Hours Total Fee Task Description Bidding Assistance Services 8 16 8 1 0 0 33 $ 3,355-00 'Ponnitting Assistance Services 4 10 8 1 8 0 31 $2,84500 ''... Conshrucllon Phase Services 8 (30 32 2 8 0 116 $ 16,250.(10 ',. Expenses $ 500..00 Total Hours 20 86 48 4 16 0 1 174 Total Task Fee $ 2,700.00 $ 8,170.00 $ 4,080.00 $ 300.00 $ 1,200.00 $ 0.00 $ 16,950.00 DNM&J Strucutaf Engineering Structural Eng'roaearrrtl SeNices Personnel Principal Project Manager Project Engineer Engineer CADD Tech Admin Total Hours Hourly Rate $ '135.00 $ 120.00 $ 100.00 $ 95.00 $ 85.00 $ 66.00 Hours Total Fee Task Description Bidding Assistance Services 1 2 0 1 0 0 4 $ 470.00 '.. Permitting 1 4 2 0 0 0 7 $ 815.00 Construction Phase Services 1 4 2 0 0 0 7 $ 815.00 ....... `. Total Hours 3 10 1 4 1 0 1 0 18 ....... Total Task Fee $ 405.00 $ 1,200.00 $ 400.00 $ 95.00 $ 0.00 $ 0.00 $ 2,100.00 Pearson Audio AtaitmlsuatAl t7e'sign Swices . Personnel Principal Prti ect Manager Fdo ect Engineer En ineer CADD Tech Admin Total Hours Hourly Rate $ 150.00 $ 140.00 $ 100.00 $ 95.00 $ 85.00 $ 66.00 Hours Total Fee ':. Task Descri 5tion Bidding Assistance Services 4 16 0 0 0 0 20 $ 2,840.00 Permit€in, Assistance Services 4 4 0 0 0 0 8 $1,160.00 Constn.lction Phase Services 4 4 32 24 1 0 65 $ 6,715.00 i Total Hours 12 24 32 24 1 0 93 Total Task Fee $ 1,800.00 $ 3,360.00 $ 3,200.00 $ 2,280.00 $ 85.00 $ 0.00 $ 10,715.00 A.P.400 nsulting EvOneers Electrical, La" h ing and Cortroll SeNfoea Personnel Principal Senior Engineer Pro ect Er ineer Engineer ineer CADD Tech Admin Total Hours Hourly Rate $ 135.00 $ 12000 $ '10000 $ 95.00 $ 85.00 $ 60.00 Hours Total Fee Task Description jBidding Assistance Services 4 8 0 0 0 0 12 $1 50000 Pennuffinq Assist, lice Services 4 4 0 6 0 0 8 $ 1.626.06 Construcrion Phase Services 4 16 16 16 1 0 53 $ 5,655.00 Total Hours 12 28 16 16 1 0 73 Total Task Fee $ 1,620.00 $ 3,360.00 $ 1,600.00 $ 1,520.00 $ 85.00 $ 0.00 $ 8,175.00 Edward 9ta ed+Aswclatea Acoustic$ Engineering Services '. Personnel Principal Project Manager Project Engineer Engineer CADD Tech Admin Total Hours , Hourly Rate $ '150.66 $ 140.00 $ 106.60 1 $ 95.00 $ 85.06 $ 66.00 Hours Total Fee Task Description Biddin Assistance Services 1 2 0 0 0 0 3 $ 430.00 ''. Permittinq Assistance Services I 1 0 0 0 0 2 $ 29000 ConstlrucCion Phase Services 1 2 52 0 0 10 $ 1,120 00 Total Hours 3 5 52 0 0 161 Total Task Fee $ 450.00 $ 700.00 $ 500.00 $ 190.00 1 $ 0.00 1 $ 0.00 $ 1,840.00 Total Fee I I i 1 $ 39,780.00 ALEXIS KNIGHT ARCHITECTS 100 NE 6th Street, Suite 102 Boynton Beach, FL 33435 561 374 9242 sknight@akarchitectsinc.com 12 483 Architectural Service Agreement Attachment C: Standard Hourly Rates October 19, 2023 Project Services for: Cultural Center Auditorium Improvements Phase I: Design Services Phase II: Construction Administration Services 125 East Ocean Avenue Boynton Beach, FL 33435 AKA No. 23.0063 ALEXIS KN 1133 HTAPCHITEcTS, INC Standard Hourly Rates Hourly Rates are as included in our general agreement Charges for additional professional services performed by our firm for all services listed in the Scope of Additional Services or as otherwise requested by the Client will be performed on the basis of an Hourly Fee excluding expenses. Billings will be issued at least monthly and will be based on the estimated percentage of the total scope of services that has been completed. ALEXIS KNIGHT ARCHITECTS 100 NE 6th Street, Suite 102 Boynton Beach, FL 33435 561 374 9242 sknight@akarchitectsinc.com 13 484 Architectural Service Agreement Conceptual Site Plan October 19, 2023 Project Services for: Cultural Center Auditorium Improvements Phase 1: Design Services Phase II: Construction Administration Services 125 East Ocean Avenue Boynton Beach, FL 33435 AKA No. 23.0063 A-1 auaraama 190tv naoft"A WINA'WORMA Ann Oil I J, I-. pq A". A wwy =17 Moo, r1Q1111111T B wl ted. I 14. 204 A-3 ALEXIS KNIGHT AFzCHITECTS 100 NE 6th Street, Suite 102 Boynton Beach, FL 33435 561 374 9242 sknight@akarchitectsinc.com 14 A 49 - 106 FBC / NFPA 101 485 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 May 3, 2023 Alexis Knight Architects, Inc. Attn: Steven W. Knight 100 NE 61" Street Suite 102 Boynton Beach, FL 33435 VIA EMAIL TRANSMITTAL TO: sknight(cDakarchitectsinc.com RFQ: 046-2821-17/TP- GENERAL CONSULTING SERVICES SCOPE E (Architectural & Landscape Design Services) CURRENT AGREEMENT TERM: AUGUST 22, 2022 —AUGUST 21, 2023 Dear Mr. Knight: The current agreement term for "GENERAL CONSULTING SERVICES — SCOPE E" expires August 21, 2023. The City of Boynton Beach is currently working on a new Request for Qualifications solicitation for General Consulting Services. In accordance with Article 2 — Term, section 2.2 of the agreement, the City would like to extend until February 16, 2024, which is not to exceed 180 days with the same terms, conditions, and pricing. Please indicate your response on the following page and return it to Procurement Services via email to prattt(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*k.L Mara Frederiksen Director of Financial Services tp America's Gateway to the Gulf Stream 486 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 May 3, 2023 BID: GENERAL CONSULTING SERVICES SCOPE E (Architectural & Landscape Design Services) BID No.: RFQ 046-2821-17/TP Agreement between the City of Boynton Beach and ALEXIS KNIGHT ARCHITECTS, INC EXTENSION TERM: AUGUST 21, 2023 — FEBRUARY 16, 2024 X Yes, I agree to extend the existing agreement under the same terms, conditions, and pricing. No, I do not wish to extend the agreement. ALEXIS KNIGHT ARCHITECTS, INC. NAME OF COMPANY Steven W. Knight NAME OF REPRESENTATIVE (please print) MAY 9, 2023 DATE sknight@akarchitectsinc.com E -MAI L SIGNATURE",,, President TITLE (561) 374 9242 (AREA CODE) TELEPHONE NUMBER America's Gateway to the Gulf Stream 487 GENERAL CONSULTING SERVICES AGREEMENT THIS AGREEMENT' is entered into between the City ofBoynton Beaoh, hereinafter referred to as "the CITY", and ALEXIS KNIGHT ARCHITECTS, INC., hereinafter referred toeo"the CONSULTANT^. in consideration ofthe mutual benefits, henns, and conditions hereinafter specified. VVHEREAG, pursuant to Section 287.055. Florida Statutes, the Consultants' Competitive Negotiation Act, the CITY'S Procurement Code, the City of Boynton Beach solicited proposals for professional consulting services from qualified engineering firms for required City services; and WHEREAS, THE CITY issued o Request for Qualifications for General Consulting Services for the City ofBoynton Beach, RFQNo. 046-2821-17/TP; and WHEREAS, the City Commission designated CONSULTANT as one of several qualified consulting firms toprovide General Consulting services tothe CITY; and NOW, THEREpORE, in consideration of the mutual covenants expressed xenain, the parties agree as follows: ARTICLE 1 -,SERVICES 1.1 CONSULTANT agrees mperform General Consulting Services by way of individual task orders, at the request of the CITY during the term of this Agreement, including the provision ofall labor, materials, equipment and supplies. The specified projects which may ueassigned tnCONSULTANT isinconjunction with: Scope Category A Water Plant Modifications, Cmpoob and Operations Evaluation Scope Category 8 Infrastructure Improvements and Evaluations Scope Category C Ancillary Studies and Services Scope Category D Transportation Services [� Scope Category E Architectural and Landscaping Design Services 1.2 SERVICE AND RESPONSIBILITIES 1.21 GENERAL: The CONSULTANT agrees mperform work assigned byTask Order(s) under such terms msset forth inthe Task 0rde«$The terms of the Task Order(s) shall be supplemental to the terms of this Agreement. 1.32 The CONSULTANT is responsible for defects inits work and inthe work of ' The term "Aomnmmrhas the same meaning mm,*rm "contrau'. Boynton Beach Utilities ' General Consulting Services v.5CLEAN FINAL C-1 488 its Gub-consultan�work. 1.2.3 PRELIMINARY SERVICES PHAGE: The CONSULTANT shall prepare preliminary studies and mportu, feasibility etudies, financial and fiscal stuUies, and evaluation of existing toci|ities, preparation of schematic layouts and sketches whore required; develop construction budgetn, opinions nfProbable Construction Cost, and shall consult and confer with the CITY aamay benecessary for the CITY toreach decisions concerning the subject matter. The CONSULTANT ohu|| attend meetings with the CITY Commission and CITY staff as may be mquied, and provide the CITY with atime schedule which shall include but not belimited tusubmittal ofall milestones related tuthe project uuoodelivery of10O96construction documents. 1�.4 During the preliminary services phase, the CONSULTANT shall advise the CITY, based on CONSULTANT'S professional opinion and the current project conditions and reasonably foreseeable conditions of the completeness of existing data and its suitability for the intended purposes of the project; CONSULTANT to obtain data from other sources; identify and analyze requirements of governmental authorities having jurisdiction to approve the design of the project; provide analyses of the CITY'S needs for surveys; perform site evaluations and comparative studies of prospective site and solutions; and prepare and furnish a report to the City setting forth the CONSULTANT'S findings and recommendations. /2�1 Providing any type of property surveys or related engineering services needed for the transfer ofinterests inreal property, and no|d surveys for design purposes and engineering surveys and staking to enable Contractor to proceed with their work, and providing other special field surveys. 12�2 Preliminary design services to be performed by the CONSULTANT shall include consultation and advice concerning the extent and scope of proposed work and preparation of preliminary design documents consisting of design o,ko,io, preliminary drawingo, and outline specifications as well as preliminary em|motoa of probable Construction Costs. This phase will also include preparation of preliminary site plan or schematic drawings when appropriate. Uptosix (0) copies m[ the preliminary design documents shall bofurnished tothe CITY, the exact number needed shall bodetermined bythe CITY. 1.2.4.3 CONSULTANT shall provide environmental osseoonnerx and impact statements msrequired Undetermine the suitability ofthe site and its surrounds for the proposed project; and/or 1.2.4.4 Upon authorization of the C/TY, the CONSULTANT will provide advice and assistance relating tooperoUnn and maintenance of project o, mhm, systems; evaluate and report on operations; assist the CITY in matters relating to regulatory agency Boynton Beach Utilities ' General Consulting Services v.5CLEAN FINAL C-2 489 operations review or operating permit non-compliance; assist with startup and operator training for newly installed mmodified equipment and pm0000es, and in the preparation of operating, maintenance and staffing manuals for the project. 1.2.5 BASIC SERVICES: The CONSULTANT shall consult and advise the CITY in the following manner: specifying the extent and scope of the work to be performed; prepare detailed construction drawings and specifications; revise and update, where necessary, previously designed construction plans and specifications, whether in whole or in part, to be incorporated into the proposed work and prepare construction documents and final estimate of probable Construction Cost. The final design services shall be provided in an electronic format, and shall also include furnishing up to six (6) copies of plans and specifications to the CITY; the exact number needed shall be determined by the CITY. 1�.6 Final design services shall also include preparation ofpermit applications oomay borequired h*such agencies auhave legal review authority over the project. These applications shall include but not bolimited \osite plan approvals or other permits and work e*nno and shall also consist of meetings at staff level and meetings with the appropriate governing body and the CITY. Unless specifically provided for under the final design phaoe, permit application services do not include applications requiring environmental impact statements o, environmental assessments, consumptive use permits and landfill permits. 12.6.1 The CONSULTANT based upon the approved design documents and any adjustments authorized by the QTY in each project, project schedule or onnovuohnn budget shall prepare for approval bythe CITY, design development documents consisting ofdrawings and other documents tofix and describe the size and character of each project's civil engineering. environmental, landscape, architectural, structural, mechanical, and electrical systems and any other requirements orsystems, materials and such other elements as may be appropriate for a complete project. The CONSULTANT shall also advise the CITY ufany adjustments 0othe preliminary estimate o[probable Construction Costs. 1.2.6.2 The CONSULTANT based on CITY approved design development documents and any further adjustments in the scope orquality ofthe project urinthe construction budget shall prepare Construction Documents within the number ofcalendar days specified within any notice issued by the CITY. The Construction Documents shall consist of drawings and specifications setting forth in detail the requirements for the construction ofthe project. 12.6.3 The CONSULTANT shall assist the CITY in the preparation of the necessary proposal information and forms. 1.2.0.4 The CONSULTANT shall advise the CITY ofany adjustments to previous estimates m[probable Construction Costs indicated by Boynton Beach Utilities ' General Consulting amiceo v.5CLEAN FINAL C-3 490 changes in codes, administrative and jurisdictional requirements of general market conditions. 1.2.6.5 The CONSULTANT shall submit to the CITY for each project, electronic format and up to six (6) copies of the Construction Documents, and a further revised estimate of total probable Construction Cost. 1.2.6.6 CONSULTANT shall include in the Construction Documents a requirement that the construction contractor shall provide a final as -built survey of the project in Autocad electronic format by a registered Land Surveyor, and provide marked up construction drawings to the CONSULTANT so that the CONSULTANT can prepare and deliver to the CITY the record drawings in the form required by the CITY and as required. 1.2.6.7 Prior to final approval of the Construction Documents by the CITY, the CONSULTANT shall conduct a thorough review and quality control evaluation of the entire work product for compliance with requirements of any local, state, or federal agency from which a permit or other approval is required. The CONSULTANT shall make sure that all necessary approvals have taken place. . 1.2.6.8 Prior to each phased submittal, the CONSULTANT shall conduct a thorough quality control review and assessment of the work product to determine whether the work is properly coordinated and confirm that the CITY and agency comments have been addressed and incorporated into the Contract Documents. The CONSULTANT shall provide to the CITY a Quality Assurance and Quality Control plan in a format that advises the CITY that all work has been performed as required. A report shall be submitted in accordance with those standards to apprise the CITY that due care has been taken in the preparation of the Contract Documents. 1.2.6.9 The CONSULTANT shall signify responsibility for the Contract Documents including technical specifications and drawings prepared pursuant to this Agreement by affixing a signature, date and seal as required by Florida Statutes Chapters 471 and 481, if applicable. The CONSULTANT shall comply with all of its governing laws, rules, regulations, codes, directives and other applicable federal, state and local requirements in preparation of the work. 1.2.7 The CONSULTANT shall provide the construction documents, technical specifications and drawings completed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. 1.2.8 The CONSULTANT following the CITY'S approval of the Construction Documents and the latest estimate of probable Construction Cost shall when so directed and authorized by the CITY, assist the CITY in obtaining proposals or negotiated proposals, and assist in preparing contracts for Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL C-4 491 construction 1.2.0 The CONSULTANT shall review and analyze the proposals received bythe CITY and shall make arecommendation for any award based on the CITY'S Procurement Administrative Policy Manual. 1.2.8.2 Any Opinion of the Construction Cost prepared by CONSULTANT represents its judgment aeodesign professional and is supplied for the general guidance of the CITY. Since CONSULTANT has no control over market oondiduns. CONSULTANT does not guarantee the accuracy of such opinions ascompared tncontractor bids u,actual cost vothe CITY. |fthe project ianot advertised for proposals within three (3) months after delivery ofFinal Design Plans, through nofault m[ the CONSULTANT o/ifeither local market conditions n,industry- wide prices have changed because of unusual or unanticipated events effecting the general level ofprices ortimes ofdelivery in the construction industry, the established Construction Cost limit may be adjusted an determined by the CITY'S Representative and aoapproved bythe CITY, ifnecessary. Additionally, ifthe CITY expands oproject scope «[ work after the CONSULTANT enders the Final estimated probable Construction Cost of the Final Design Plans, the CONSULTANT shall not beresponsible for any redesign without compensation which shall be mutually agreed tnbythe parties hereto. 1.2.8.3 The CONSULTANT ohm|| provide the CITY with a list of recommended prospective bidders. 1.2.8.4 The CONSULTANT shall attend all pre-proposal/per-bid conferences. 1.2.8.5 The CONSULTANT shall recommend any addenda, through the CITY'S representative eaappropriate, ooclarify, correct, o, change proposal documents. 12.8.8 If Pre -Qualification of bidders is required as set forth in the Request for Proposals o,Invitation VnBid (twustepbid pmoess). CONSULTANT shall assist the CITY, ifrequested indeveloping qualifications uriteha, review qualifications and recommend acceptance o,rejection ofthe bidders. 1,2,8.7 If requested, CONSULTANT ahoU evaluate proposals and bidders, and make recommendations regarding any award bythe 1.2.9 The CITY shall make decision on all claims regarding interpretation of the Construction Documents, and onall other matters relating 10the execution and progress nfthe Work after receiving a recommendation from the CONSULTANT. The CONSULTANT shall check oohedu|eo, shop drawings and mxor submissions for the limited purpose of checking conformance with the concept «[ the project, and for compliance with the information given by the Construction Documents. The CONSULTANT shall also review change orders prepared and submitted byContractor and review and make recommendations tothe City for progress payments to the Contractor based on each project schedule of values and the Boynton Beach Utilities General Consulting Services v.5CLEAN FINAL C-5 492 percentage of work completed. The CONSULTANT will neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences, or procedures, or for the safety precautions and programs in connection with the construction of the assigned task order projects. 1.2.9.1 The CITY shall maintain a record of all change orders which shall be categorized to the various types, causes, etc. that may be determined useful and necessary for its purpose. 1.2.9.2 If the CONSULTANT is not the Construction Manager for the construction, the CITY shall notify the CONSULTANT within three (3) days of the discovery of any architectural/engineering error or omission so that the CONSULTANT can be part of the negotiations resolving the claim between the CITY and the Contractor. 1.2.10 The CONSULTANT shall carefully review and examine the Contractor's schedule of values, together with any supporting documentation. The purpose of such review and examination will be to protect the CITY from an unbalanced schedule of values which allocates greater value to certain elements of each project than is indicated by industry standards, supporting documentation, or data. If the schedule of values is not found to be appropriate, it shall be returned to the Contractor for revision for supporting documentation. After making such examination, when the schedule of values is found to be appropriate, the CONSULTANT shall sign the schedule of values indicated informed belief that the schedule of values constitute a reasonable, balanced basis for payment of the Application for Payment to the Contractor. 1.2.11 The CONSULTANT shall perform on-site construction observation of each project based on the Construction Documents in accordance with paragraph 1.2.16 "Resident Project Services" of this Agreement. The CONSULTANT'S observation shall determine the progress of the work completed, and whether the work is proceeding in a manner indicating that the work when fully competed will be in accordance with the Construction Documents. On the basis of site visits, the CONSULTANT will provide the CITY with a written report of each site visit in order to reasonably inform the CITY of the progress of the portion of the Work completed. The CONSULTANT shall endeavor to identify for the CITY any defects and deficiencies in the work of contractors, and make written recommendation to the CITY where the work fails to conform to the Construction Documents. The CONSULTANT shall not have control over or charge of, or responsibility for the construction means, methods, techniques, sequences or procedures. or for safety precautions and programs in connection with the Work, nor shall the CONSULTANT be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The CONSULTANT shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor or of any other persons or entities performing portions of the Work. Based on such observation and the Contractor's Application for Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL C-6 493 Payment, the CONSULTANT shall determine the amount due mthe Contractor and shall issue Certificates for Payment insuch amount. These Certificates will constitute o representation tothe CITY based on such observations and the data comprising the Application for Payment that the work has progressed tothe point indicated. Byissuing aCertificate of Payment, the CONSULTANT will also represent tuthe CITY that tothe best ofits information and belief, based onwhat its observation have revealed. the Work is in accordance with the Construction Documents. The CONSULTANT uhoU conduct observations to determine the dates of substantial and final completion and issue a recommendation for final payment. 1�12 The CONSULTANT shall revise the Construction drawings and submit record or corrected drawings mthe CITY to show those changes made during the construction process based onthe marked up prints, drawings and other data furnished bythe Contractor. The record drawings shall b* provided |nelectronic format inclusive nfconformed PDF files and AutoCod files inoform compatible with the CITY'S version n[AutoCadformats for archival purposes, 1213The CONSULTANT shall attend regularly scheduled progresmeetings on site as otherwise determined based on o specific need established prior to construction by the CITY. 1.2.14 The CONSULTANT shall review change orders prepared and submitted by the Contractor for the CITY'S approval. CONSULTANT shall not authorize any changes in the work or time, no matter how minor without prior written approval by the CITY. 1.2.15 Each project's construction mdemolition shall be considered complete upon compilation ofapurchlist byCONSULTANT, which shall be timely completed byContractor tothe satisfaction of the CITY, written notification tuContractor byCONSULTANT that all releases ofliens are satisfied and written recommendation by CONSULTANT for final payment to the Contractor which shall beot the sole discretion ufthe CITY. 1.210RESIDENT PROJECT SERVICES: During the Construction progress of any work, the CONSULTANT will if authorized by the CITY, provide resident project observation o*micao to be performed by one or more authorized employees ("Resident Project Representative") of the CONSULTANT. Resident Project Representatives shall provide extensive observation services et the project site during construction. The Resident Project Representative will endeavor to identify for the CITY any defects and deficiencies in the work of the Contractor(s). Resident project observation services shall include but |onot limited tothe following: � Conducting all pre -construction conferences; � Conducting all necessary construction progress meetings; � Observation of the work in progress to the extent authorized by the CITY; * Receipt, review coordination and disbursement ofshop drawings and other submittals; aoymwneachou/m=-umeralconsumng Services v.5CLEAN FINAL, C-7 494 Maintenance and preparation of progress reports; :• Field observation and verification of quantities of equipment and materials installed; Verification of contractors' and subcontractors' payrolls and records for compliance with applicable contract requirements; Maintenance at each project site on a current basis of all drawings, specifications, contracts, samples, permits, and other project related documents, and at the completion of each project, deliver all such records to the CITY; Preparation, update and distribution of a project budget with each project schedule; Notification to the CITY immediately if it appears that either each project schedule or each project budget will not be met; Scheduling and conducting monthly progress meetings at which CITY, Engineer, general contractor, trade contractor, utilities representatives, suppliers can jointly discuss such matters as procedures, progress, problems and scheduling. Recommending courses of action, and enforcing action selected by the CITY, if so directed by the CITY, if the general and/or trade contractors are not meeting the requirements of the plans, specifications, and Construction Contract; Development and implementation of a system for the preparation, review, and processing of change orders; Maintenance of a daily log of each project; Recording the progress of each project, and submission of written monthly progress reports to the CITY including information on the Contractors' work and the percentage of completion; Determination of substantial and final completion of work and preparation of a list of incomplete and unsatisfactory items, and a schedule of their completion; and Securing and transmitting to the CITY, required guarantees; affidavits; releases; key manuals; record drawings; and maintenance stocks; The Resident Project Representative shall also investigate and report on complaints and unusual occurrences that may affect the responsibility of the CONSULTANT or the CITY in connection with the work. The Resident Project Representative shall be a person acceptable to the CITY, and the CITY shall have the right to employ personnel to observe the work in progress, provided however that such personnel as employed by the CITY, and such personnel will be responsible directly to the CITY in the performance of work that would otherwise be assumed and performed by the CONSULTANT. The Resident Project Representative shall not have control over or charge of, or responsibility for the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, nor shall the Resident Project Representative be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Resident Project Representative shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor or of any other persons or entities performing portions of the Work. Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL C-8 495 Although CONSULTANT shall not be responsible for health or safety programs or precautions related to CITY"s activities or those of CITY's other contractors and consultants or their respective subcontractors and vendors ("Contractors"), CONSULTANT shall nonetheless report to the Resident Project Representative health and safety conditions or deficiencies observed by CONSULTANT'S employees or representatives. CONSULTANT shall not be responsible for CITY's pre-existing site conditions or the aggravation of those preexisting site conditions to the extent not caused by the negligence or willful misconduct of CONSULTANT. CONSULTANT shall not be responsible for inspecting, observing, or correcting health or safety conditions or deficiencies of CITY, Contractors or others at project site ("Project Site") other than for CONSULTANT's employees, subconsultants and vendors. 1.3 ADDITIONAL SERVICES 1.3.1 When additional services are necessary they shall be specified in the written Task Order. Examples of additional (not exclusive) services are: Preparation of applications and supporting documents for private or governmental grants, loans or advances in connection with any particular project. :• Services to make measured drawings of or to investigate existing conditions or facilities, or to verify the accuracy of drawings or other information furnished by or to the CITY. Services resulting from significant changes in the general scope, extent or character of any particular project or its design including but not limited to, changes in size, complexity, the CITY'S schedule, character of construction or method of financing, and revising previously accepted studies, reports, design documents or Construction Contract Documents when such revisions are required by changes to laws, rules, regulations, ordinances, codes or orders enacted subsequent to the preparation of such studies, reports or documents, or are due to any other causes beyond the CONSULTANT'S control. Providing renderings or models for the CITY'S use. Preparing documents for alternate Proposals requested by the CITY for work that is not executed for documents for out -of -sequence work. Investigations and studies involving but not limited to, detailed considerations of operations, maintenance and overhead expenses; providing value engineering during the course of design; the preparation of feasibility studies; cash flow and economic evaluations, rate schedules and appraisals; assistance in obtaining financing for a project; evaluating processes available for licensing and assisting the CITY in obtaining process licensing; detailed quantity surveys of material, equipment and labor, and audits or inventories required in connection with construction performed by the CITY. Assistance in connection with Proposal/proposal protests, re -bidding or re -negotiating contracts for construction, materials, equipment or services, unless the need for such assistance is reasonably determined by the CITY to be caused by the CONSULTANT (e.g. defective plans Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL C-9 496 and/or specifications which inhibit contractors from submitting proposals) in which event there shall be no additional cost for the provision of such services. Preparing to serve or serving as a CONSULTANT or witness for the CITY in any litigation, arbitration or other legal or administrative proceeding. •:• Additional services in connection with a project not otherwise provided in this Agreement. Services in connection with a project not otherwise provided for in this Agreement. Services in connection with a field order or change order requested by the CITY. Providing artwork, models, or renderings as requested by the CITY. 1.3.2 When required by the Construction Contract documents in circumstances beyond the CONSULTANT'S control, and upon the CITY'S authorization, it will furnish the following additional services. Services in connection with work changes necessitated by unforeseen conditions encountered during construction. :• Services after the award of each contract in evaluating and determining the acceptability of an unreasonable or excessive number of claims submitted by Contractor, except to the extent such claims are caused by the errors or omissions of the CONSULTANT. Additional or extended services during construction made necessary by 1) work damaged by fire or other cause during construction, 2) a significant amount of defective or negligent work of any contractor, 3) acceleration of the progress schedule involving services beyond normal working hours, or 4) default by any contractor; provided however, if a fire occurs as a direct result of errors or omissions in the design by the CONSULTANT or if the CONSULTANT fails to notify the Contractor of the deficient quality of their workmanship pursuant to CONSULTANT'S duties as described in the Contract Documents, the CONSULTANT'S additional services shall be deemed part of Basic Services and compensated as such. Services in connection with any partial utilization of any part of a project by the CITY prior to Substantial Completion. :• Services to evaluate the propriety of substitutions or design alternates proposed by the Contractor and involving methods of construction, materials, or major project components either during bidding and/or Negotiation services or Construction Contract award. The cost of such services shall be borne by the Contractor, and this requirement shall be included in the construction contract. Services in making revisions to drawings and specifications occasioned by the acceptance of substitutions proposed by the Contractor, unless such substitutions are due to a design error by the CONSULTANT in which case such services shall be deemed Basic Services. Except when caused by a design error by the CONSULTANT, the cost of such services shall be borne by the Contractor, and this requirement shall be included in the construction contract. Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL C-10 497 1.4 CITY'S RESPONSIBILITIES 1.4.1 The CITY shall dothe following in a timely manner so as not to delay the services of the CONSULTANT: 1.411 Designate inwriting a person mpersons m act esthe CITY'S representative with respect to the services toberendered under this Agreement. Such pemon(o)shall have complete authority tn transmit instructions and receive information with respect to the CONSULTANT'S services for aparticular project. The CITY may have multiple CITY Repreaentative(o)urproject managers during the performance ofthis AGREEMENT based unthe specific task orders/written task orders from each o/the Scope Categories. 1.4.1.2 Provide all criteria and full information astuthe CITY'S requirements for the Pn4act, including design objectives and constraims, spaoe, capacity and performance requirements, flexibility and expandability, and any budgetary limitations. 1.4.1.3 Assist the CONSULTANT byproviding at the CONSULTANT'S request all available information pertinent tothe Project including previous reports and any other data relative to design or construction ofthe project. 1.4.1.4 Furnish tuthe CONSULTANT, ifrequired for the performance of CONSULTANT'S services (except where otherwise furnished by the CONSULTANT onAdditional 8umioee).the following: 1.415 Data prepared by, or services of othom, including without Umhaduno buhngn, pmbngs and subsurface exp|orodons, hydrographic surveys, laboratory mmo and inspection of samples, materials and equipment; 1.4.1.6 Appropriate professional interpretations ofall ofthe foregoing; 1.4.17 Environmental assessment and impact statements; 1.4.18 Pmperty, bnundory, eooement, right-uf-way, topographic and utility surveys; 1.41.8 Property descriptions; 1.4110 Zoning, deed and other land use restrictions; 1.4111 Approval and permits required in the CITY'S jurisdiction and those from outside agencies unless such approvals and permits are the responsibility ofthe CONSULTANT; and 14.1.12 Arrange for access tomake all provisions for the CONSULTANT to enter upon the CITY'S property as required for the CONSULTANT toperform services under this Agreement. 1.4.1.13 Consistent with the professional standard of care and unless otherwise specifically provided hemin. CONSULTANT shall be entitled to na|y upon the accuracy of data and information provided by the CITY nrothers without independent review ur Boynton Beach Utilities General Consulting Services v.5CLEAN FINAL 498 1.6 SEQUENCE OF EVENTS 1.5.1 Following receipt ofany task order/wh8entask order, the CONSULTANT soux submit to the CITY, at least five (5) days prim to actual commencement of nervicoo, a schedule of marviooa and expenses for approval bythe CITY before any services commence. The CITY reserves the right to make changes to the sequence as necessary to facilitate the services o,tominimize any conflict with operations. 15.2 Task orders will boissued tuthe CONSULTANT inthe order inwhich the CITY wishes, and shall beperformed and completed inthe order they are iaoued, unless otherwise specifically permitted by the CITY. Minor adjustments to the timetable for completion approved by the CITY in advonoe, in whUng, shall not constitute non-performance by CONSULTANT pursuant tothis Agreement. 1.5.3 Proposals received byCONSULTANT anuresult oftask ondonw,iftentask order that exceeds $25.000 in cost will require approval from CITY Commission before execution of services in accordance with the CITY'S Procurement Administrative Policy. 1.5.4 When the CITY issues task orders to the CONGULTANT, each authorization shall contain astated completion schedule. |fcaused bythe negligent errors or omissions of CONGULTANT.toi|ure of the CONSULTANT to meet the stated schedule shall constitute e default for which payment for services may bowithheld until default is cured. Time extensions will bereviewed upon request for extenuating circumstances. 1.5.5 It is anticipated and intended that the CONSULTANT will be authorized to begin new task orders ona^m|Ung^basis, assome already assigned task orders near timely completion. |fosubsequent Task Order ioissued tuthe CONSULTANT before it has completed the current task onder, the completion date for each Task Order will remain independent ofeach other so that the CONSULTANT will prioritize the uncompleted Task Order from the first Task Order and finish as soon as practical. Failure to complete the "older" task orders in atimely manner, may adversely impact upon continued early authorization tnstart asubsequent work. 1�.6 When the CONSULTANT has exceeded the stated completion dam including any extension for extenuating i mstonooawhich may have been gnmnted, owhtten notice ofDefault will be issued within seven Fq days ufthe date that the default became active with arequirement ofseven (7) days to cure said ddauh, to the CONSULTANT and payment for services rendered shall be withheld until such time that the CITY has determined that default has been cured. 1.5.7 Should the CONSULTANT exceed the assigned completion time, the CITY reserves the right not toissue tothe CONSULTANT any further task orders until such time ao bis no longer in defauk, and the CONSULTANT has demonstrated to the CITY'S satisfaction, the reasons for tardy completion Boynton Beach Utilities General Consulting Services v.5CLEAN FINAL 499 have been addressed and are not likely mberepeated in subsequent task orders, This restricted issuance provision may result inthe CONSULTANT not being issued all ofthe planned work the CITY anticipated inthis Agreement. The CONSULTANT shall have noright 0othe balance ofany work, ortoany compensation associated with these non -issued task orders due tothe CONSULTANT being rendered indefault. 1,5.8 Should the CONSULTANT remain in default for a period of fifteen (15) consecutive calendar days beyond the time frame provided in Paragraph 1.5.6 the CITY may aLits sole option retain another CONSULTANT 0n perform any work arising out ofthis Agreement and/or terminate this Agreement. 1.6 DEFINITION OF DEFAULT 1]l1. An event of default shall mean ematerial breach of this Agreement . Without limiting the generality of the nQ and in addition to Nnne instances referred 0oamamaterial breach, anevent ofdefault shall include � CONSULTANT has not performed services on otimely basis due to CONSULTANT'S negligent errors mromissions; * CONSULTANT has refused o,tailedtonupplyenoughpmpodyski|led personnel; * CONSULTANT has failed to make prompt payments to SUB - CONSULTANTS orsuppliers for any services after receiving payment from the CITY for such services orsupplies; * CONSULTANT has failed toobtain the approval o[the CITY where required bythis Agreement; * CONSULTANT has refused nrfailed toprovide the services aodefined mthis Agreement; � CONSULTANT hes filed bankruptcy o/ any other such insolvency proceeding and the same is not discharged within ninety (90) days of such date. � CITY hes failed to make payments to CONSULTANT in accordance with the requirements ofthis Agreement 1.6.2 In the event of Default, the CONSULTANT shall be liable for all damages resulting from the Default including: �The difference between the amount that has been paid to the CONSULTANT and the amount required to complete the CONSULTANT'S wmrk, provided the fees by the firm replacing the CONSULTANT are reasonable and the hourly rates donot exceed the CONSULTANT'S rates. This amount shall also include procurement and administrative costs incurred bythe CITY. * In the event of default by the City. CONSULTANT may suspend the Work pending receipt ofsuch payment. Boynton Beach Utilities ' General Consulting Services n5CLEAN FINAL 500 1.6.3. The CITY may take advantage of each and every remedy specifically existing at law or in equity. Each and every remedy shall be in addition to every other remedy given or otherwise existing, and may be exercised from time to time and as often and in such order as may be deemed expedient by the CITY. The exercise or the beginning of the exercise of one remedy shall not be deemed to be a waiver of the right to exercise any other remedy. The CITY'S rights and remedies as set forth in this Agreement are not exclusive and are in addition to any other rights and remedies available to the CITY in law or in equity. ARTICLE 2 - TERM 2.1 The initial Contract period shall be for an initial two (2) years, commencing at the execution of the contract, and the City reserves the right to unilaterally renew the contract for three (3) additional one (1) year periods under the same terms, conditions. The CONSULTANT understands and acknowledges that the Services to be performed during the two (2) year term will be governed by this Agreement, and that there is no guarantee of future work being given to the CONSULTANT. 2.2 In the event that services are scheduled to end either by contract expiration or by termination by the CITY (at the CITY'S discretion), the CONSULTANT shall continue the services, if requested by the CITY, or until task or tasks is/are completed. At no time shall this transitional period extend more than one -hundred and eighty (180) calendar days beyond the expiration date of the existing contract. The CONSULTANT will be reimbursed for this service at the rate in effect when this transitional period clause was invoked by the CITY. ARTICLE 3 - TIME OF PERFORMANCE 3.1 Work under this Contract shall commence upon the giving of written notice by the CITY to the CONSULTANT by way of an executed task order and resultant task order. CONSULTANT shall perform all services and provide all work product required pursuant to this Contract and the specific task order by the Sequence of Events, or unless an extension of time is granted in writing by the CITY. ARTICLE 4 -.PAYMENT 4.1 The CONSULTANT shall be paid by the CITY for completed work and for services rendered under this agreement as follows: *e Payment for the work provided by CONSULTANT shall be made in accordance with the Fee Schedule as provided in Exhibit "A" attached hereto. Payment as provided in this Section shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. Compensation for sub -CONSULTANTS will be negotiated based on each task order. Compensation will be through a direct mark-up in Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL C-14 501 accordance with the Schedule of Professional Fees attached hereto. Sub -consulting services shall be approved by the CITY'S representative prior to performance of the sub -consulting work. Consulting time for processing and management of the sub - CONSULTANT shall not be included in direct costs as the direct mark- up is applied for management efforts. The CONSULTANT may submit vouchers to the CITY once per month during the progress of the Work for partial payment for project completed to date. Such vouchers will be verified by the CITY, and upon approval thereof, payment will be made to the CONSULTANT in the amount approved. :• In certain cases where incremental billing for partially completed Work is permitted by the CITY'S representative, the total incremental billings shall not exceed the percentage of estimated completion of identifiable deliverables or accepted deliverables as of the billing date. Computation of Time Charges/Not-to-Exceed Method of Payment: When a service is to be compensated based on time charge/not-to- exceed method, the CONSULTANT shall submit a not -to -exceed proposal to the CITY'S representative for prior approval based on estimated labor hours and hourly rates which shall not exceed the established hourly rates as per the Schedule of Professional Fees attached hereto, plus sub -CONSULTANT services and other related costs supporting the proposed work. The CITY shall not be obligated to reimburse the CONSULTANT for costs incurred in excess of the total not -to -exceed cost amount. Final payment of any balance due the CONSULTANT of the total contract price earned will be made promptly upon its ascertainment and verification by the CITY after the completion of the Work under this Agreement and its acceptance by the CITY, which shall occur no later than 30 days following receipt of the invoice. :• Final Invoice: In order for both parties herein to close their books and records, the CONSULTANT will clearly state "final invoice" on the CONSULTANT'S final/last billing to the CITY. The final invoice certifies that all services have been properly performed and all charges and costs have been invoiced to the CITY. Since this account will thereupon be closed, and any other further charges if not properly included on this invoice are considered waived by the CONSULTANT. The cost of all services as stated herein shall remain fixed and firm for the initial two (2) year period of the contract. Costs for subsequent years and any extension terms shall be subject to an adjustment only if increases incur in the industry. However, unless very unusual and significant changes have occurred in the industry, such increases shall not exceed 5% per year, or whichever is less, the latest yearly percentage increase in the All Urban Consumers Price Index (CPI -U) (National) as published by the Bureau of Labor Statistics, U.S. Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL C-15 502 Department Labor. The yearly increase, or decrease inthe CPI shall bethe latest index published and available ninety (90) days prior to the end o/the contract year then ineffect, compared ¢, the index for the same month one (1)year prior. Any requested cost increase shall be fully documented and submitted tuthe CITY a|least sixty (0U) days prior tothe contract anniversary date. Any approved cost adjustments shall become effective upon the anniversary date of the contract. In the event the CPI or industry costs decline, the CITY shall have the right to receive from the CONGULTANT, a reasonable reduction in costs that reflect such changes inthe industry. * The CITY may after examination, refuse tuaccept the adjusted costs if they are not properly documented, increases are considered to be excessive, nrdecreases are considered 0obeinsufficient. |nthe event the CITY does not wish to accept the adjusted onotu and the matte, cannot beresolved tothe satisfaction ufthe CITY, the Contract may be cancelled by the CITY upon giving thirty (30) calendar days written notice tothe CONSULTANT ARTICLE 5OWNERSHIP AND USE OF DOCUMENTS - 5.1 Upon completion of the project and final payment to CONSULTANT, all documents, specifications and other materials produced by the CONSULTANT mconnection with the services rendered under this Contract the documents shall hothe property ofthe CITY whether the Project for which they are made is executed or not. Notwithstanding the foregoing, the CONSULTANT shall maintain the rights to reuse standard details and other design features on other projects. The CONSULTANT shall bepermitted tu retain copioe, including reproducible copies, of drawings and specifications for information, reference and use in connection with CONSULTANT'S endeavors. Any use of the documents for purposes other than as originally intended by this Contract, without the written consent nfCONSULTANT, shall beat the CITY'S sole risk and without liability to CONSULTANT and CONSULTANT'S out~CONGULTANTG. ARTICLE V'FLINDINGi 6.1 This Contract shall remain in full force and effect only as long as the expenditures provided in the Contract have been appropriated by the City Commission of Boynton Beach in the annual budget for each fiscal year of this Contract, and is subject to termination based on lack of funding. ARTICLE 7WARRANTIES AND REPRESENTATIONS - 7.1 CONSULTANT represents and warrants tothe CITY that itincompetent to engage inthe scope o/services contemplated under this Contract and that hwill retain and assign qualified pmbmoiooe|n to all assigned projects during the uann of this Contract. CONSULTANT'S services shall meet astandard ofcare for professional engineering and e|ouad services equal tomo standard nfcare for engineering aoynmBeachculities-omeralmmmng Services v.5CLEAN FINAL 503 professional practicing under similar conditions. In submitting its response to the RFQ, CONSULTANT has represented to CITY that certain individuals employed by CONSULTANT shall provide services to CITY pursuant to this Contract. CITY has relied upon such representations. Therefore, CONSULTANT shall not change the designated Project Manager for any project without the advance written approval of the CITY, which consent shall not be unreasonably withheld. ARTICLE 8 - COMPLIANCE WITH LAWS 8.1 CONSULTANT shall, in performing the services contemplated by this service Contract, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this Contract, shall review and comply with laws, regulations, codes and standards in effect as of the date of this agreement that are applicable to CONSULTANT'S services and shall exercise professional care and judgment to comply with requirements imposed by governmental authorities having jurisdiction over the project. Should changes in any law, ordinance, or regulation result in increased costs or delays to services rendered, both parties agree to an equitable adjustment to schedules and prices. ARTICLE 9 - 9.1 Subject to the limiting provisions of Florida Statute 725.08, CONSULTANT shall indemnify, and hold harmless the CITY, its offices, agents and employees, from and against any and all losses, or any portion thereof, including reasonable attorneys' fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to CONSULTANT'S own employees, or damage to property to the extent caused by negligence, recklessness, or intentionally wrongful conduct of CONSULTANT or other persons employed or utilized by CONSULTANT in performance of CONSULTANT'S duties. Neither party to this Contract shall be liable for any special, incidental, indirect or consequential damages of any kind, including but not limited to lost profits or use that my result from this Contract or out of the services or goods furnished hereunder. 9.2 To the greatest extent permitted pursuant to Section 725.06, Florida Statutes, CONSULTANT's indemnification obligation (when providing services to CITY) shall not exceed the value of CONSULTANT's total compensation. Such obligation shall not be construed to negate, abridge or otherwise reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Article. PURSUANT TO FLORIDA STATUTE, NO INDIVIDUAL DESIGN PROFESSIONAL EMPLOYED BY OR ACTING AS AN AGENT OF CONSULTANT MAY BE HELD INDIVIDUALLY LIABLE FOR DAMAGES RESULTING FROM THE NEGLIGENCE OCCURRING WITHIN THE COURSE AND SCOPE OF THIS PROFESSIONAL SERVICES AGREEMENT Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL C-17 504 ARTICLE 10 - INSURANCE 10.1 During the performance of the services under this Contract, CONSULTANT shall maintain the following insurance policies, and provide certificates of insurance evidencing such coverages and limits, and shall be written by an insurance company authorized to do business in Florida. 10.1.1 Worker's Compensation Insurance: The CONSULTANT shall procure and maintain for the life of this Contract, Worker's Compensation Insurance covering all employees with limits meeting all applicable state and federal laws. CONSULTANT shall include the Worker's Compensation and Employer's Liability Insurance requirements in its subcontracts. This coverage shall include Employer's Liability with limits meeting all applicable state and federal laws. This coverage must extend to any sub - CONSULTANT that does not have their own Worker's Compensation and Employer's Liability Insurance, unless not required by statute. The policy must contain a waiver of subrogation in favor of the CITY of Boynton Beach, executed by the insurance company. 10.1.2 Comprehensive General Liability: The CONSULTANT shall procure and maintain for the life of this Contract, Comprehensive General Liability Insurance. This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and Operations; Independent Contractors, Products Completed Operations and Contractual Liability with specific reference of Article 9, "Indemnification" of this Contract. This policy shall provide coverage for death, personal injury or property damage that could arise directly or indirectly from CONSULTANT'S negligent performance of this Agreement. CONTRACTOR shall maintain a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury/ and $1,000.000 per occurrence/aggregate for property damage. The general liability insurance shall include the CITY as an additional insured and shall include a provision prohibiting cancellation of the policy upon thirty (30) days prior written notice to the CITY, except for cancellation due to non-payment of premium. 10.1.3 Business Automobile Liability: The CONSULTANT shall procure and maintain, for the life of this Contract, Business Automobile Liability Insurance. The CONSULTANT shall maintain a $1,000,000 combined single limit for bodily injury and property damage liability to protect the CONSULTANT from claims for damage for bodily and personal injury, including death, as well as from claims for property damage, which may arise from the ownership, use of maintenance of owned and non -owned automobile, included rented automobiles, whether such operations be by the CONSULTANT or by anyone directly or indirectly employed by the CONSULTANT. 10.1.4 Professional Liability (Errors and Omissions) Insurance: The CONSULTANT shall procure and maintain for the life of this Contract in the minimum amount of $1,000,000 per claim/aggregate. Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL C-18 505 10.2 It shall be the responsibility of the CONSULTANT to ensure that all sub - CONSULTANTS comply with the same insurance requirements referenced above. 10.3 In the judgment of the CITY, prevailing conditions warrant the provision by the CONSULTANT of additional liability insurance coverage or coverage which is different in kind, the CITY reserves the right to require the provision by CONSULTANT of an amount of coverage different from the amounts or kind previously required and shall afford written notice of such change in requirements thirty (30) days prior to the date on which the requirements shall take effect. Should the CONSULTANT fail or refuse to satisfy the requirement of changed coverage within the thirty (30) days following the CITY'S written notice, the CITY, at its sole option, may terminate the Contract upon written notice to the CONSULTANT, said termination taking effect on the date that the required change in policy coverage would otherwise take effect. 10.4 CONSULTANT shall, for a period of two (2) years following the termination of the Agreement, maintain a "tail coverage" in an amount equal to that described above if coverage is not otherwise renewed for Comprehensive Liability Insurance on a claims -made policy only. ARTICLE 11 - INDEPENDENT CONTRACTOR 11.1 The CONSULTANT and the CITY agree that the CONSULTANT is an independent CONSULTANT with respect to the services provided pursuant to this Contract. Nothing in this Contract shall be considered to create the relationship of employer and employee between the parties hereto. Neither CONSULTANT nor any employee of CONSULTANT shall be entitled to any benefits accorded CITY employees by virtue of the services provided under this Contract. The CITY shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to CONSULTANT, or any employee of CONSULTANT. 11.2 CONSULTANT acknowledges and understands that, as an independent CONSULTANT pursuant to this Agreement, CONSULTANT shall comply with Chapter 119, Florida Statutes, as amended (Public Records). CONSULTANT'S obligation includes, but is not limited to CONSULTANT'S obligation to preserve public records and make public records available to third parties in addition to the CITY. ARTICLE 12 - COVENANT AGAINST CONTINGENT FEES 12.1 The CONSULTANT warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the CONSULTANT, to solicit or secure this Contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, the CITY shall have the right to annul this Contract without liability or, in its discretion to deduct from the contract Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL C-19 506 price o, nnnnidemdnn, or otherwise recover, the *u|| amount of such fee, oommissiun, percentage, brokerage fee, gift, o/contingent fee. ARTICLE 13 — TRUTH -IN -NEGOTIATION CERTIFICATE 13.1 Execution of this Contract by the CONSULTANT shall act aathe execution ofa truth -in -negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for inthis Contract iaaccurate, complete, and current asufthe date ofthe Contract, 13.2 The said rates and cost shall boadjusted toexclude any significant sums should the QTY determine that the rates and costs were increased due to inaccurate, incomplete, ornon-current wage rates or due 0ninaccurate representations offees paid to outside CONSULTANTS. The City shall exercise its rights under this "Certificate" within one (1) year following payment. ARTICLE 14SUBCONTRACTING - 14.1 The CITY reserves the right maccept the use ofaSUB-CONSULTANT ormreject the selection ufoparticular sub -CONSULTANT and toinspect all facilities nfany SUB -CONSULTANTS inorder mmake odetermination autnthe capability nfthe SUB -CONSULTANT toperform properly under this contract. The CONSULTANT is encouraged to seek local vendors for participation in subcontracting opportunities. |fthe CONSULTANT uses any sub CONSULTANTS nnthis project the following provisions of this Article shall apply: 14.2 Ifo SU8'CONGULTANTfoUn to perform or make progress, as required by this Contract, and it is necessary to replace the SUB -CONSULTANT to complete the work in a timely fashion, the CONSULTANT shall promptly do so, subject to acceptance of the new SUB -CONSULTANT by the CITY. The substitution of a subcontractor shall not be adequate cause to excuse a delay in the performance any portion of this contract as set forth in the Scope of Work. 14.3 The CONSULTANT, heGUB/CONGULTANTG. agents, oemams, or employees agree tobebound by the Terms and Conditions of this Contract and it's agreement with the SUB -CONSULTANT for work to be performed for the City the CONSULTANT must incorporate the terms ofthis contract. ARTICLE 16DISCRIMINATION PROHIBITED - 15.1 The CONSULTANT, with regard mthe work performed uyhunder this Contract, will not discriminate onthe grounds n[race, color, national origin, age, sex orthe presence nfany physical nrsensory handicap inthe selection and retention ufemployees o,procurement ofmaterials o,supplies. ARTICLE 1G -ASSIGNMENT 16.1 The CONSULTANT shall not sublet massign any of the services covered by this Contract without the express written consent of the CITY. Boynton Beach Utilities ' General Consulting Services v.5CLEAN FINAL 507 ARTICLE 17 - NON -WAIVER 17.1 A waiver by either CITY or CONSULTANT of any breach of this Contract shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other or further breach. The making or acceptance of a payment by either party with knowledge of the existence of a default or breach shall not operate or be construed to operate as a waiver of any subsequent default or breach. ARTICLE 18 — TERMINATION 18.1 Termination for Convenience: This Contract may be terminated by the CITY for convenience, upon ten (10) days of written notice by the terminating party to the other party for such termination in which event the CONSULTANT shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the CONSULTANT abandons the Contract or causes it to be terminated, CONSULTANT shall indemnify the CITY against loss pertaining to this termination. 18.2 Termination for Default: In addition to all other remedies available to the CITY, this Contract shall be subject to cancellation by the CITY for cause, should the CONSULTANT neglect or fail to perform or observe any of the material terms, provisions, conditions, or requirements herein contained, if such neglect or failure continue for a period of thirty (30) days after receipt by CONSULTANT of written notice of such neglect or failure. In the event of non-payment of other material breach of this Contract by CITY, the Contract is subject to cancellation by CONSULTANT should such condition continue for a period of thirty (30) days after receipt by CITY of written notice of breach. ARTICLE 19 — DISPUTES AND VENUE 19.1 Any dispute arising out of the terms or conditions of this Contract shall be adjudicated within the courts of Florida. Further, this Contract shall be construed under Florida Law. Claims, disputes or other matters in question between the parties to this Contract arising out of or relating to this Contract shall be in a court of law. The CITY does not consent to mediation or arbitration for any matter connected to this Contract. The parties agree that any action arising out of this Contract shall take place in Palm Beach County, Florida. ARTICLE 20 — UNCONTROLLABLE FORCES 20.1 Neither the CITY nor CONSULTANT shall be considered to be in default of this Contract if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non- performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Contract and which is beyond the reasonable control of the non-performing party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL C-21 508 governmental actions. In such circumstances, parties agree to an equitable adjustment of schedules and prices. 20.2 Neither party shall, however, be excused from performance if non-performance is due to forces which are preventable, removable, or remediable, and which the non- performing party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The non-performing party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Contract. ARTICLE 21 — CITY -PROVIDED INFORMATION AND SERVICES 21.1 CITY shall furnish CONSULTANT available studies, reports and other data pertinent to CONSULTANT'S services; obtain or authorize CONSULTANT to obtain or provide additional reports and data as required; furnish to CONSULTANT services of others required for the performance of CONSULTANT'S services hereunder, and CONSULTANT shall be entitled to use and rely upon all such information and services provided by CITY or others in performing CONSULTANT'S services under this Agreement. ARTICLE 22 — ESTIMATES AND PROJECTIONS 22.1 In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for potential projects, CONSULTANT has no control over cost or price of labor and material; unknown or latent conditions of existing equipment or structures that may affect operation and maintenance costs; competitive bidding procedures and market conditions; time or quality of performance of third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate project cost or schedule. Therefore, CONSULTANT makes no warranty that CITY'S actual project costs, financial aspects, economic feasibility, or schedules will not vary from CONSULTANT'S opinions, analyses, projections, or estimates. ARTICLE 23 — THIRD PARTIES 23.1 The services to be performed by CONSULTANT are intended solely for the benefit of CITY. No person or entity not a signatory to this Agreement shall be entitled to rely on CONSULTANT'S performance of its services hereunder, and no right to assert a claim against CONSULTANT by assignment of indemnity rights or otherwise shall accrue to a third party as a result of this Agreement or the performance of CONSULTANT'S services hereunder. Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL C-22 509 ARTICLE 24 - NOTICES 24.1 All notices required in this Contract shall be sent to the CITY and shall be mailed to: City of Boynton Beach _ Copy to: _ Attn: Utilities Director City of Boynton Beach 124 E. Woolbri ht Road Attn: Procurement Services Boynton Beach, FL 33435 P.O. Box 310 Boynton Beach, FL 33425 And Notices to CONSULTANT, shall be sent to the following address: Alexis Knight Architects, Inc. Attn: Steven W. Knight _ 100 NE 6 Street Suite 102 Boynton Beach, FL 33435 ARTICLE 25 - INTEGRATED AGREEMENT 25.1 This Contract, together with the RFQ/RFP and any addenda and/or attachments, represents the entire and integrated agreement between the CITY and the CONSULTANT and supersedes all prior negotiations, representations, or agreements written or oral. This Contract may be amended only by written instrument signed by both CITY and CONSULTANT. 25.2 In the event of a conflict between a provision of this Agreement and a provision of an individual Task Order, the provision of the Task Order will control. ARTICLE 26 - SOVEREIGN IMMUNITY 26.1 CITY is a political subdivision of the State of Florida and enjoys sovereign immunity. Nothing in the Agreement is intended, nor shall be construed or interpreted, to waive or modify the immunities and limitations on liability provided for in Section 768.28, Florida Statute, as may be emended from time to time, or any successor statute thereof. To the contrary, all terms and provisions contained in the Contract, or any disagreement or dispute concerning it, shall be construed or resolved so as to insure CITY of the limitation from liability provided to any successor statute thereof. To the contrary, all terms and provision contained in the Contract, or any disagreement or dispute concerning it, shall be construed or resolved so as to insure CITY of the limitation from liability provided to the State's subdivisions by state law. 26.2 In connection with any litigation or other proceeding arising out of the Contract, the prevailing party shall be entitled to recover its own costs and attorney fees through and including any appeals and any post -judgment proceedings. CITY'S liability for costs and attorney's fees, however, shall not alter or waive CITY'S entitlement to Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL. C-23 510 sovereign immunity, or extend CITY'S liability beyond the limits established in Section 768.28, Florida Statutes, as amended. ARTICLE 27 — PUBLIC RECORDS 27.1 The City is public agency subject to Chapter 119, Florida Statutes. The CONSULTANT shall comply with Florida's Public Records Law. Specifically, the Contractor steal I: A. Keep and maintain public records required by the CITY to perform the service: B. Upon request from the CITY'S custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law: C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY: and D. Upon completion of the contract. Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor's possession All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY'S custodian of public records, in a format that is compatible with the information technology systems of the CITY. E. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: (CITY CLERK) P.O. BOX 310 BOYNTON BEACH, FLORIDA, 33425 561-742-6061. PYLEJ(a-)BBFL.US Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL C-24 511 Article 28 - LIMITATION OF LIABILITY THE PARTIES HAVE EVALUATED THE RESPECTIVE RISKS AND REMEDIES UNDER THIS AGREEMENT AND AGREE TO ALLOCATE THE RISKS AND RESTRICT I HE REMEDIES TO REFLECT THAT EVALUATION. CITY AGREES 1-0 RESTRICT ITS REMEDIES UNDER THIS AGREEMENT AGAINST CONSULTANT. ITS PARENTS. AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS. SHAREHOLDERS AND EMPLOYEES. ("CONSULTANT'S COVERED PARTIES-), SO THAT THE TOTAL AGGREGATE LIABILITY OF THE CONSULTANT'S COVERED PARTIES SHALL NOT EXCEED THE VALUE OF CONSULTANT'S SERVICES UNDER THE ASSIGNED TASK ORDER, THIS RESTRICTION OF REMEDIES SHALL APPLY TO ALL SUITS, CLAIMS, ACTIONS, LOSSES, COSTS (INCLUDING ATTORNEY FEES) AND DAMAGES OF ANY NATURE ARISING FROM OR RELATED TO THIS AGREEMENT WITHOUT REGARD TO THE LEGAL THEORY UNDER WHICH SUCH LIABILITY IS IMPOSED. CLAIMS MUST BE BROUGHT WITHIN ONE CALENDAR YEAR FROM PERFORMANCE OF THE SERVICES UNLESS A LONGER PERIOD IS REQUIRED BY LAW. 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 l.) day of �4 aAd 20 / i 19 CITY OF BOYNTON BEACH City r Attest/Authenticated I 1 1-74" ( ' j'.'r'C Title City CI Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL CONSULT ",,Oqu . rc6 +: Cj SEALD 2011 Attest/Authenticated: eretary C-25 512 EXHIBIT "A" SCOPE E - FEE SCHEDULE FIRM: ALEXIS KNIGHT ARCHITECTS DATE: JULY 2 2018 REVISED Personnel Classifications Hourly Rate rincipal - Alexis Knight Architects $135.00 Project Manager - Alexis Knight Architects $95.00 for Engineer $130.00 for Planner $130.00 for Architect - Alexis Knight Architects $85.00 Senior Landscape Architect $110.00 Senior Surveyor/Mapper $120.00 Structural Engineer $120.00 Architect - Alexis Knight Architects $75.00 Urban Designer $95.00 Planner 580.00 Landscape Architect $95.00 Inspector (Zoning & Landscape) $75.00 Spectalist $120.00 itectural CAD/Technician - Alexis Knight Arc�utects $75.00 ning Technician Ln $75.00 cal/Administrative x_00 Reimbursable Expenses: Direct costs such as postage, prints, delivery service will be billed at cost. Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL C-26 513 EXHIBIT "B" City of Boynton Beach Risk Management Department INSURANCE ADVISORY FORM Under the terns and conditions of all contracts, leases. and agreements. the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as "Certificate I{older" and "The Cite of Boymon Beach is Additional Insured as respect to coverages noted." Insurance companies providing insurance coverages- must have a current rating by A.M. Best Co. of 13— or higher. 00Tf': .In insurance contract or binder mat be accepted as proofofinswance if`C'ernftcate is provided upon selection of vendor.) 'I he billowing is a list of types of insurance required of contractors. lessees. etc.. and the limits required by the City: (NOTE: This list is not all inclusive, and the City reserves the right to require additional types of insurance, or to raise or lower the stated limits, based upon identified risk) IM (Occurrence Based Only) MINIMUM LIMITS REOCIRFD General L.iabil tj° General Aggregate $ 1.000.000.00 Commercial General Liabili[< Products-Comp/Op Agg, S 1.000.000.00 Owners & Contractor's Protective (OCP) Personal & Adv. Injury S 1000,000.00 Liquor Liability Each Occurrence S 1,000.000.00 Professional [.lability Fire Damage Jany, one fire) S 50.000.00 Employees & Officers Med. Expense (any one person) S 5,000.00 Pollution Liability Asbestos Abatement Lead Abatement Broad Form Vendors Premises Operations Underground Explosion & Collapse Products Completed Operations Contractual Independent Contractors Broad Form Property Damage Fire Legal Liability ---------------_----------------------------------------------------------------------------------------------------------------------- Automobile Liability Combined Single Limit $ 500,000.00 Any Auto Bodily Injury (per person) to be determined All Ossned Autos Bodily Injury (per accident) to be determined Scheduled Amos Property Damage to be determined Ifired Autos Trailer Interchange $ 50.000.00 Nun -Owned Autos PIP Basic Intermodal ------------------------------------------------------------------------------------------------------------------------------------------ Garage Liability Auto Only. Each Accident $ 1.000.000.00 Any Auto Other Than Auto Only S 100,000.00 Garage Keepers Liability Each Accident $ 1.000.000.00 ------------------------------------------------.-------------------------------------_.-.-------------------------------------------- Aggregate S 1.000.000.00 E;xcess Liability Each Occurrence to be determined Umbrella Form --------------------------------------------------------.------------------------------------------------------------------------- Aggregate to be determined Worker's Compensation Statutory I units Employer's Liability Each Accident S 100,000.00 Disease, Policy Limit S 500.00000 ----------------------------------------------------------------------------------------------------------------------------------------- Disease Each Employee S 100.00200 Property Homeowners Revocable Permit $ 300,000 00 Builder's Risk -----------------------------------------------------------------.----------._--------------------------------------------------------- Limits based on ]'reject Cost Other- As Risk Identified to be determined Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL c -z7 514 EXHIBIT "C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS Date: 11 Name of Firm: Office Location: I. 1 Service: (Check One) - Planning/Study Activity, Report, Other - Design/Eng neering Services/Preliminary Bid Document - Final Document/Bidding/Contractor Award - Construction Phase/Completion 2. TName ofPrject: 1 Project Manager: CONSTRUCTION CONTRACT DATA 5. a. Engineer'sestimate: $ Final Cost: b. Substantial Construction Completion Date: c. Final Construction Completion Date: ---F—(Check 6. 1 Overall Rating One) Unsatisfactory Poor Fair Good Excellent 7. Recommended for Future Contracts? Yes T-77 No Conditional Ifother than yes, provide detailed explanafion on aseparate sheet ofoaper, S. Name, title, and office of rating officer (e.g. Utilities Director): 9. Signature of rating officer: Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL C-28 515 EXHIBIT "C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS (CONTINUED) DESIGN/ENGINEERING SERVICES AND PRELIMINARY BID DOCUMENT PREPARTION PHASE Rate numerically 1 to 5 with 5 being the highest score NIA 1. Thorough site investigation 1 1 2 3 1 4 5 2. Meeting cost limitations 1 2 3 4 5 3. Design/results suitability 1 2 3 4 5 4. Cooperative & responsive 1 2 3 4 5 5. Timeliness of submissions 1 2 3 4 5 6. *Plans clear/detailed 1 2 3 4 5 7. *Plan/s ec accuracy 1 2 3 4 5 *Preliminary administrative/limited staff review/evaluation of levels of clarity, accuracy, and coordination between disciplines. Name and title of rating officer (e.g. Utilities Director): Signature of rating officer: FINAL DOCUMENT PREPARATION, BID, & AWARD BY CONSULTANT Rate numerically 1 to 5 with 5 beinq the highest score N/A 1. Secs afford competition 1 2 3 4 5 2. Secs complete/thorough 1 2 3 4 5 3. Accuracy of documents 1 2 3 4 5 4. Requirements within engineer's estimate 1 2 3 4 5 5. Cooperative attitude 1 2 3 4 5 6. Timeliness of submissions 1 2 3 4 5 7. Pre-bid conference participation 1 2 3 4 5 8. Res onse to inquiries 1 2 3 4 5 9. Bid evaluation qualityltimeliness 1 2 3 4 5 10. Res onse to building & permitting agencies 1 2 3 4 5 11. Addendum preparation & permit applications 1 2 3 4 5 Name and title of rating officer (e.g. Utilities Director): Signature of rating officer: Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL C-29 516 EXHIBIT "C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS (CONTINUED) CONSTRUCTION PHASE COMPLETION Name and title of rating officer (e.g. Utilities Director): Signature of rating officer: Boynton Beach Utilities- General Consulting Services V.5 CLEAN FINAL C-30 517 Rate numerically I to 5 with 6 beinc. -- the highest score F N/A 1. Drawinqs Reflect True Conditions 1 2 3 4 5 2. Plans/Specs Accurate/Coordinated 1 2 3 4 _5 — 3. Design Constructability 1 2 3 4 5 4. Timeliness/Quality of Processing Submittals 1 2 3 4 5 5. Product/Equipment Selection Availability 1 2 3 4 5 6. Field Consultation and Investigations 1 2 3 4 5 7. Quality of Support Services 1 2 -3- —4 5 8. Overall Construction Contract Administration 1 2 3 4 5 9. Project Closeout Documentation Review 1 2 3 4 5 10. 1 Validity of Claims for Extra Costs 1 2 3 4 5 11. Did Consultant provide sufficient copies of signed plans to allow for timely review and approval by all Permittinq Agencies? 1 2 3 4 5 12. Did the Consultant actively participate in overcoming problems with the Contractor, Building Officials and/or Regulatory Agencies? 1 2 3 4 5 13. Change Order Processing (Accuracy, Timeliness, Documentation, etc.) 1 2 3 4 5 14. Did the Consultant exercise adequate/effecting coordination and control of subconsultant(s) or associate(s) work and paperwork? 1 2 15. Proactive Participation in Resolution of D Name and title of rating officer (e.g. Utilities Director): Signature of rating officer: Boynton Beach Utilities- General Consulting Services V.5 CLEAN FINAL C-30 517 EXHIBIT "C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS (continued) PLANNING/STUDY ACTIVITY, REPORT, OTHER Rate numericaliv 1 to 5 with S hPinn the hinhoat af-f%ra MIA 1. Thorough investigation of situation or activity I --2— 13 4 5 2. Cooperative attitude 1 T, 2 3 4 5 3. Timeliness of submissions 2 3 4 5 f- 4. Accuracy of documents -so— 1 2 3 411 5 5. Did the Consultant offer cost saving 1 2 3lutions? 3 4 1 5 6. Did the Consultant actively participate in problem solving? —1 2 3_ 4 5 7. Overall results Name and title of ratin officer (e.g. Utilities Director): Signature of rating officer: Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL C-31 518 Ac o® CERTIFICATE OF LIABILITY INSURANCE ATFiMMr°`"YY THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: N the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsemengs). PRODUCER I NAMEACI . Phyllis Constantino MEDALLION INSURANCE SERVICES PAHON�L 1704) 2566000 ( AX Not (704) 256-6001 __-- ___----'` 8'45 Ardre Keil Rd y ADDRESS Phyllis@medallioninsurance cors Suite 203 INSURER1Si AFFORDING COVERAGE NAIL a Charlotte NC 28277 INSURFRA Liberty Insurance UndenAnters 19917 INSURED INSURER B —+ Alexis Knlgh(Architer.IS. Inc INSURER C 100 NE 61h Sl INSURER D ------ Ste 10 INSURER E — L Boynton Beach FL 33435 INSURER I, l.{JVCKALiCs CFRTIFIr_GTF NINARFR UL11`JLUU44UU —inu ullaaneo. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQU1REMEN', TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS IORTLTR TYPE OF INSURANCE IN UCL�WVO AUTHORIZED REPRESENTATIVE POLICY NUMBER MMIDD/YI1'Y MML DIYYYY LIMITS COMMERCIAL GENERAL LIABILITY J.Cl1 fKCURRENCE S qX� _ �RFMI$ES lEa ,>vurrunce' S OLAIMSMAOE Cf,'��eP MED'cXP'An 11 P —11 S -,LHSu NAL&ADV NJIJRY S iE II A;GREGA' LIMI"A-LEI IER PRO � iENERALAGGR�(,ATE 5 ! PRCCt,CT$ CCM -OP AC'G _ 111L, (.;v JFti' LOC s CTHER AUTOMOBILE LIABILITY ( N AVTJ BOG L N UR" IP p u _� 1 NNFD BOOL' N--1 IFb l)HiRLD 5 1 AIL70, '' !;(N -.rv� v u' ; DN- n_UMBRELLA PRJPER vDAMA(.,F UMBRELLAUAB t -- EACH bCCI;RR=NCE S EXCESS LIAB___, C:J+IMS-MADE Arf RF.CATE S --__.--- S I�EU RE TEN'.CN > WORMERS COMPENSATION PER Orn AND EMPLOYERS'LIABILITY YIN STFI UTE ER L EACHACOCENT - ANY PROPRIETORIPARTNERIEXECUTIVF ❑N!A OFFICERIMEMBEREXCLUDED� _- =L DIS[A.SE • FA eMP1.0YEE S (MandMory In NH) IIYes descnbe under =L DISEASE POLICY JMIT S DESCRIPTION OF OPERATIONS below A Professional Liability T� AEXNYA816A000I 1 09120/2017 09(2012019 Each Claim $t 000.000 Aggregate $1,000000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Addeional R—ams Schedule, may be aaached if more space is mquimd) CERTIFICATE HOLDER CANCEI. I-ATInM C 1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25 (2018103) The ACORD name and logo are registered marks of ACORD 519 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE The City of Boynton Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 100 E. Boynton Beach Boulevard ACCORDANCE WITH THE POLICY PROVISIONS. Boynton Beach, FL 33435 AUTHORIZED REPRESENTATIVE C 1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25 (2018103) The ACORD name and logo are registered marks of ACORD 519 I DATE (MMIDOtYYYY) AC"Ra CERTIFICATE OF LIABILITY INSURANCE 116� A19119f)IA THIS CERTIFICATE IS ISSUED AS A MAT -TER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTA T NAME: Natalia M. Fraser Keyes Coverage Insurance PHONE F FAX 5900 Hiatus Road l. -724-7000 Nc, 1; 954-724-7024 IA/C.N.,E,d); 954No Tamarac FL 33321 ADDRESS: nfraser@keyescoverage,com .... . .. X INSURI AFFORDING COVERAGE NAIC # CLAIMS -MADE OCCUR INSURER A: Twin City Fire Insurance Co 235 INSURED 12012 INSURER 8: Hartford Casualty Insurance Co 29424 Alexis Knight Architects, Inc. & PERSONAL & ADV INJURY S1000. DOO Alexis Knight Architects, LLC INSURERC: 100 N.E. 6th Street INSURER 0: Suite 102 INSURER I Boynton Beach FL 33435 S 1 INSURER F: COVERAGES CERTIFICATE NUMBER: 213S3.50I RFVlqlnN NIAlli THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ACCORDANCE WITH THE POLICY PROVISIONS. NSR s 0(5ijcyExp TYPE OF INSURANCE (POUCYEFF LTR POLICY NUMBER MMIDDfYYYYI (MWDDIYYYY) LIMITS B X COMMERCIAL GENERAL LIABILITY Y Y 21 SBM Z15734 9/20/2017 9/20/2018 EACH OCCURRENCE $ 1.000.000 X DAMAGE TO RENTED CLAIMS -MADE OCCUR PREMISES LEa -cel$300,009 MED EXP (Anyone Person) S1009.0 PERSONAL & ADV INJURY S1000. DOO GEN1 AGGREGATE LIM IT APPLIES PER GENERAL AGGREGATE $2000000 X X � PRO- POLICY LOD PRODUCTS - COMPYCP AGG $2,000.000 OTHER S 8 AUTOMOBILE LIABILITY Y 21 SBM Z15734 9/20/2017 9/20j2018 COMBINED SINGLE LIMIT $ accident) __ D00,000_ EentL 1 ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per �Ident) S X NON -OWNED PROPERTY DAMAGE $__ HIRED AUTOS Perwadenti- B X UMBRELLA I X OCCUR 21 SBM Z15734 9120Y2017 9/2012018 EACH OCCURRENCE S2000000 EXCESS I CLAIMS -MADE AGGREGATE $2000000 DED X RETENTION$ III 000 A WORKERS COMPENSATION 21 MC ZT0586 1213/2017 1213/2018 X OT AND EMPLOYERS' LIABILITY YIN STATUTE ERH--- ANY PROPRIETOR/PARTNER/EXECUTIVE E L EACH ACCIDENT $ 1 000 000 OFFICER/MEMBER EXCLUDED'❑ I -- (Mandatory in NH) EL DISEASE � EA EMPLOYEE $ 1 000 000 If desenbe under ns, DESCRIPTION OF OPERATIONS below EL DISEASE - POLICY LIMIT $1 .000.000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: For continuing service agreements for unspecified projects. CERTIFICATE HOLDER CANCFI I ATION *In I I Ito I NnnPnv ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 26 (2014101) The ACORD name and logo are registered marks of ACORD 520 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. The City of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach FL 33435 AUTHORIZED REPRESENTATIVE 2 *Kp ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 26 (2014101) The ACORD name and logo are registered marks of ACORD 520 CITY OF BOYNTON BEACH CAPITAL APPROPRIATION AMENDMENTS BUDGET YEAR 2023-24, Commission Meeting 11/07/23 2023/24 ADOPTED CAPITAL IMPROVEMENT FUND 302 -0000 -389.91 -OC FUND BALANCE APPROPRIATED Adopted Fund Total Revenues 302-4415-572.62-01 BUILDING IMPROVEMENTS Adopted Fund Total Expenses Amendment IDGET Revenue Budget 1,899,691 120,000 Exhibit A 2023/24 AMENDMENT AMENDED related to BUDGET PROJECT NUMBER ProiectName / Comments/ Vendor 2,019,691 6,387,691 120,000 6,507,691 - 120,000 120,000 GG24xx 6,387,691 120,000 6,507,691 Boynton Beach Arts & Cultural Center 5:\Finance\Budget Amendments and Transfer5\FY2023-24\Current Year Amendment\FY2324 Fund 302 Budget Amendment for Arts&Culture PrgAtrs CIF Amendment 11072023 1521 :40 PM Consent Bids and Bid Extensions and Piggy -Back Over $100,000. 7.G Purchases over $100,000 11/7/2023 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 November 7, 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 RENEWAL AMOUNT SOLICIATION NUMBER TERM Delivery of Municipal Interlocal Agreement - Annual Solid Waste to Between the City of September Estimated Waste Management Designated Facilities Boynton Beach and 14, 2022 to Expenditure Inc. of Florida (WMIF) and For A Municipal Waste Management September Revenue Sharing Inc. of Florida (WMIF) 13, 2025 $490,000 Recycling Program Resolution R16-134 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: $100K over REQUEST FOR BID EXTENSIONS November 7 2023 Report Renewal Interest Letter - Waste Management Inc of Florida - 2022-2025 Commission Agenda from 10-4-2016 - Approving Interlocal Agreement 522 29 CITY OF BOYNTON BEACH REQUESTS FOR BID EXTENSIONS AND PIGGY -BACKS November 7, 2023 REQUESTING DEPARTMENT: Solid Waste DEPARTMENT CONTACT: Mario Guzman TERM: September 14, 2022 to September 13, 2025 SOURCE FOR PURCHASE: Interlocal Agreement for the Delivery of Municipal Solid Waste to Designated Facilities and for A Municipal Revenue Sharing Recycling Program ACCOUNT NUMBER: 431-2515-534.34-62 VENDOR(S): Waste Management Inc. of Florida ANNUAL ESTIMATE: $490,000 DESCRIPTION: On October 4, 2016, Commission authorized the City Manager to sign the Interlocal Agreement between the City of Boynton Beach and Waste Management Inc. of Florida by Resolution No. R09-032 & R16-134. The local Agreement initial contract term was for three (3) years commencing on September 14, 2019 to September 13, 2022, with two (2) additional three-year renewal terms. Renew the 2nd three-year term for September 14, 2022 through September 13, 2025. R13 90" 'lip' sW't FinanceJProcurement Services P.O. Box 310 Baynton Beach, Florida 33425-0310 Telephone No: (561) 742-6310 FAX. (561) 742-6316 REF: INTERLOCAL AGREEMENT FOR THE DELIVERY OF MUNICIPAL SOLID WASTE TO DESIGNEATED FACILITIES AND FOR A MUNICIPAL REVENUE SHARING RECYCLING PROGRAM RESOLUTION: R16-134 Agreement between the City of Boynton Beach and Waste Management Inc. of Florida (WMIF) RENEWAL TERM: September 14, 2022 THROUGH September 13, 2025 X Yes, I agree to renew the existing agreement under the same terms and conditions, except for pricing. Waste Management, Inc. of Florida (WMIF) requests rates adjustments to reflect the market and economic conditions impacting todays industry. Therefore, the new rates for the additional three-year renewal term will be as follows: $60.00 per ton for C+D; $60.00 per ton for Bulk Waste; $60.00 per ton for Roofing Materials, $60.00 per ton for Land Clearing Materials; $47.00 per ton for Yard Waste; $60.00 per ton for other C+D Waste not listed. No, I do not wish to renew the bid for the following reason(s) Waste Management Inc. of Florida NAME OF COMPANY James F. Lambros NAME OF REPRESENTATIVE (please print) October 26, 2023 DATE JLambros@wm.com E-MAIL SI TU Vi resident" TITLE 954-984-2007 (AREA CODE) TELEPHONE NUMBER ,America's Gateway to the Gulf Stream It N L0 7.8. Consent Bids and Purchases Over $100,000 10/6/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 101612020 Requested Action by Commission: Approve an increase to estimated annual expenditure to Waste Management from $310,000 to $385,000 for the disposal of construction related debris and recycling. Explanation of Request: The Commission approved resolution #R16-134 on September 14, 2016 between the City and Waste Management with an estimated annual expenditure of $310,000 for the disposal of recycle and construction debris. The Solid Waste Division has experienced a high volume in debris disposal due to the increase commercial construction throughout the City, which has resulted in exceeding the original estimate of $310,000. Accordingly staff are requesting an increase to the annual expenditure to $385,000 in order to have the necessary funds to process pending invoices and it will supply us with a sufficient amount to cover expenses for this fiscal year and future. How will this affect city programs or services? This will allow the Solid Waste Division to dispose of debris. Fiscal Impact: Budgeted Budgeted funding is in Solid Waste account # 431-2515-534-3462 Alternatives: None Strategic Plan: Strategic Plan Appf Ication; Climate Action: No Climate Action Discussion* Is this a grant? No Grant Amount: . ......... ",-- . . ... ............ .......... ------- ----- - . . . . ..... Contracts Vendor Name: Waste Management Start Date* End Date: Contract Value: Minority Owned Contractor?: No Extension Available?: No Extension Explanation: ATTACHMENTS: Type Description 0 AIWIaml Backup D Mu�:hmmt Attachment 525 W REQUESTED ACTION BY COMMISSION: Approve the one-year extension for RFPs/Bids and/ or piggy -backs for the procurement of services and/or commodities as described in the written report for July 16, 2019- "Request for Extensions and/or Piggybacks." 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 SOLICITATIOJR RENEWAL TERK' SOLICITATION mmmmNUMBER INTERLOCALR16- SEPTEMBER 14, MANAGEMENT INC. AGREEMENT FOR 134 2019 TH RU OF FLORIDA THE DELIVERY OF SEPTEMBER 13, MUNICIPAL SOLID 2022 WASTE TO DESIGNATED FACILITIES AND FOR A MUNICIPAL REVENUE SHARING RECYCLING PROGRAM 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. Budgeted Funds have been budgeted under line items as noted on the attached report. ALTERNATIVES: Not approve renewals and require new solicitations to be issued. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION, CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type A09nd-m Description Renewal Agreement Original Agreernent Bid Extension Request 527 528 F140=00'ocurement Services P.O. Box 310 Boynton Breach, Florida 33425-0310 Telephone No: (561) 742-6310 FAX' (561) 742-6316 June 14, 2019 REF: INTERLOCAL AGREEMENT FOR THE DELIVERY OF MUNICIPAL SOLID WASTE TO DESIGNATED FACILITIES AND FOR A MUNICIPICAL REVENUE SHARING RECYCLING PROGRAM Rewlutlon: 8I6-134 CURRENT AGREEMENT TERM: 9/14*016-911312019 Agreement between the City of Boynton Beach and WMISW Management Inc. of Florida (WMIF) AGREEMENT RENEWAL TERM: 91IW201"11312o22 —X— Yes, I agree to renew the existing agreement under the same terms, conditions, and pricing for an additional one-year term, DAM #A. MYNAN, PRES. NAME C7F REPRESENTATIVE (please print) 0 Of /1) I d4tt-"-" . . . . ...... .......... 4; .. . .. .. . . ............ TITLE 95 11 9 AB . ........ ..... .. (AREA I C " 0 " D , E }TELEPHONE 11 I " NUMBER'—'- , America's Gateway to the Gulf Stream 529 530 19 3 RESOLUTION NO. R16 -134 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN A THREE YEAR PROCESSING AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND WASTE MANAGEMENT, INC., TO ALLOW THE CITY TO TRANSFER RECYCLING MATERIAL INCLUDING YARD WASTE, MIXED RECYCLABLES AND CONSTRUCTION AND DEMOLITION DEBRIS TO THE WASTE MANAGEMENT FACILITY LOCATED IN LANTANA, FLORIDA IN AN ESTIMATED EXPENDITURE OF $310,000.00 PER YEAR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City has an Interlocal Agreement with Solid Waste Authority of Palm Beach County for a Municipal Recycling Program and the delivery of municipal solid waste to a designated facility; and WHEREAS, Waste Management, Inc., owns and operates a solid waste processing center in Lantana, Florida which is fully permitted and licensed by the Solid Waste Authority of Palm Beach County (SWA) and will receive construction and demolition debris from the City as defined in Chapter 403, Part TV, Florida Statutes; and WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the recommendation of staff, deems it to be in the best interests of the City residents to enter into a Processing Agreement with Waste Management, Inc., to allow the City to transfer recycling materials including yard waste, mixed recyclables and construction and demolition debris to the Waste Management facility in Lantana, Florida. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: C:\Users\StanioneMppDataTocaWicrosoMWindows\l*emporety Internet Files\Content.IE5\SATNOEVN\Waste—Management—Processing_Agreement---Reso,doe 531 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof Section 2. The City Commission of the City of Boynton Beach, Florida does hereby authorize and direct the City Manager to sign a Processing Agreement, for a period of three years with two (2) three year renewals, between the City of Boynton Beach and Waste Management, Inc., to allow the City to transfer recycling materials including yard waste, mixed recyclables and construction and demolition debris to the Waste Management facility 411 located in Lantana, Florida for an estimated annual expenditure of $310,000.00, a copy of said Agreement is attached hereto as Exhibit "A." Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this '-/4 day of A , 2016. Mayor — Steven B. Grant Vice Mayor — Mack McCray 5 1 51 Commissioner — Justin Katz Commissioner — Christina L. Romelus Commissioner — Joe Casello 5;j 5 VOTE 6'7) n. ATTEST: Judity) Pyle, CMC &7 t, )/� City Aerk (Corporate Seal) C:1Users\Stanzione7lAppDataUcal\Microsoft\WiridowskTcmpotary Intemet Filcs\Content.IEStSAI'NOEVN\Waste—Management—Proce,ssing_Agr=ment---Rcso.doo 532 6.D. Consent Agenda 10/4/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/412016 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R16-134 - Authorize the City Manager to sign a three-year Processing Agreement between Waste Management Inc. 2700 Wiles Road, Pompano Beach, Florida 33073 and the City Of Boynton Beach to allow the City to transfer recycling material including yard waste, mixed recyclables and construction and demolition debris to the Waste Management facility located in Lantana, Florida. EXPLANATION OF REQUEST. Contract Period: October 4, 2016 to September 30, 2019, provision for two (2) additional three (3) year renewals. The City has an Interlocal Agreement with Solid Waste Authority of Palm Beach County (R09-032 attached) for a Municipal Recycling Program and the delivery of municipal solid waste to a designated facility. Waste Management, Inc. owns and operates a solid waste processing center in Lantana, Florida in Palm Beach County. The processing facilities process, recycle, and market recycled solid waste products using advanced technology. Waste Management at Lantana is fully permitted and licensed by the Solid Waste Authority of Palm Beach County (SWA), and YAII receive construction and demolition debris from the City as defined in Chapter 403, Part IV, Florida Statutes. The Lantana site is approximately 10 miles from the City, the next closest approved processing site is on 45th Street in West Palm Beach approximately 30 miles from the City. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The processing center is available to the City to allow it to reach its recycling goals and those required by Chapter 403, Part IV, Florida Statutes, including but not limited to the long term goal (2020) of the City to reduce the amount of recyclable solid waste disposed of by a statewide average of at least 75 percent. FISCAL IMPACT: Budgeted Estimated expenditures for disposal fees are $310,000 per year charged to Acct.#431-2515-534-34-62. All disposal fees are charged back to the customer. ALTERNATIVES: The approved Lantana site by SWAat the Waste Management processing center is approximately 10 miles from the City. If not approved, drivers will have to take debris to a processing site on 45th Street which is approximately 30 miles from Public Works which would cause a delay in service and possibly the loss of being able to provide service to every roll -off customer. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: CONTRACTS VENDOR NAME: Waste Management START DATE: 10/4/2016 END DATE: 9130/2019 CONTRACT VALUE: $310,000/annually MINORITY OWNED CONTRACTOR?: No EXTENSION AVAILABLE?: Yes 533 EXTENSION EXPLANATION: Provision for two (2) additional three (3) year renewals. ATTACHMENTS: Type D Lddarlm"m a6tarjn2cA Description Resolution approving Processing Agreement with Waste Management Waste Management Processing Agreement SWA Interlocal REVIEWERS: Department Reviewer Action Date Public Works Answerer Approved 9/27/2016 - 8:04 AM Assistant City Manager Answerer Approved 9/2712016 - 9:00 AM Financial Services Answerer Approved 9/2712016 - 11:27 AM Legal Answerer Approved 9/28/2016 - 3:37 PM City Manager Answerer Approved 9/2812016 - 4:39 PM 534 PP1009009wa 1AGREERPMOT THIS PROCE3890' O 0'- S5REEDAMENT is MMIG 911"', IV- any by and bftwn WASM3 MANAGEMEENT 15,4 0. OF FLORMA ("WoMF ") a RCnda =M. of -000n, 270D WN30 P -Ma, -04, Pompmrao U-.pacrh, Fiar5,69- 33073ond tho C6TY nF SMSITCH c} Floiddemunlelpr-I coyporaMon ("CO Y"'), 1004 E -Mgt DaImten Bmmoh Moulzvord, rl,'oyntan Bush, FW16'zP. %*jHiEsmA3,, ,ImAOF ewnz innd cpzratop sel-ld vaiaom proo-sxclaZ oavYZcm and anens zi,1satimna; X10 es ti"�a PnoarnaBlnn baAnci 1aa:z:tz.FJ In Pvilm —.21aradh Countmi velth 2ha ctasout In prox1mity Cc 01"M/ iaom-'�od in Tc;vfn di Larstmno, which oparaLage ,'ram 7:00 AM- to 5:00 PUL The. praL--)zslru�.� f�LoINN-sa pracasw- , rorAyale, and mm6l.st TeWotud cofld wa-sts pr Suc-ts UVA,la advonlod amd "An Nua;ZRAS, CMqvifar 4,03, Part 5v, Florldn sgwhft6i, pr�Vldlos tho muki=rfty +m r,-,,nulre munWpoirolek,'j Ne MeqqvotWl,,f Picn a -red Prr0,,,f11,j,D eeftftfot. o. nVITOnmarAmIly V.-,m2o ntaA nagonnsnnV iand to "121@n fav- P-rdd raCUU-0 In Ele ract end env1mnwonLn-Ity aw0b mennoa the otomge, eMlacgan, ftr-OW4 roG)r-MMVnX1, r Mg, cirid (�:epwvZ of =R -A we� On arde? Ce pp�AarA the hus.,nKin, wind vnifew-jo. (DnNilnce th(-:�) en"AC-1,t)"mam ...&n& v=v, w patofvftO ior ftlejor mz(iu9naas",- zind WHEREA-Z, the WMW fm1INV mt Lvntane I--,, telly p&rmWm6, and gaconsed by the Golid We=i6 Av-thcA;y of Pmdm- 0(samh Caunty ("aWN'), th%- PiNrn Memah County Health rLyid ij;,mm Morlds Dsapmrtmont of EnAronme-ltai Prain-Wan nn d ;ot ,,.wc-MtijLAz- to tho Crt"�wf to help It to reocVa r CVCJ,*jM go,'Alo Mrid thazz voquIrcd by, hcplmr 4030 Part 'IV. Flartrj= StzyLvioz, P.ndqudin3 but rv�A livnEted to the Eong tmm gom-1 (2020) oq ihe CITY to duce tho -,:.irvuvunZ of V041jolin-biG solid I',--ffm9tG dI0[P0ZGd Of -by W s�itz,,Mde avt�ajvmgo of st least 75 perocidrAo. cmd W-9-11WRMAR, VIMP U.M Provicle Crry �l tho dounuirn,mratcjtlan tc zuppon CrrYz Lcadc,;.,,PohIr., In Enut-'y and Env:rcnrrjent3� DiGlgn OZ -20) Mrthlowftn for UTY pvyeala zo deedgrju)ud. 535 NOW THEREFORE. for good and valuable consideration, e parties ..4"iss 4F' • 1. The representations sept forth herein above are trues and correct and incorporated herein by reft mnce. .2. 1Ji IAI , at Re Lantana facility. will receive construction and demolition debris as deemed In Chapter -4,03, Fort Ila, F'lorid� Statutea from the CITY. The foregoing shall Include yard waste end reacycleble s generated by the CITY. 3. The Initial term of this Agreament shall be for three (3) years from the dates of execution by all parties. In addition, the CITY ball hmve the option to renew this Agreornent for two additional three-year periods by providing ninety (90) clays written notice of its election to soca so prier to the enol of the existing term. 4. Wi' IF agrees to charges the CITY and the CITY agues to pay as fclgows: a. $45.00 per ton for C&D b. $45.00 ,e . .. Bulk Waste a. r 4 $45.00 perton fbr Land Clearing Materials o. $24.00 per ton for Yard Waste f. 0 per ton forOther C&D Waste notabove ,, AJI material delivered • .r requirements shall meet the of applicable permft and t*hall not contain ainy reportable quantity o? garbaom or putresciblewaste,M • or other • • waste. WMIF may reject loads in whole or In part It It reasonably believes such load does not conform wlUi the sbove requirements., 5. WMIF shall +user Its roasonable best arforts to asset they CITY In receiving all appropriate recycling credits from the SWA and shred provide any required documentation, filings, andior confirmation of the CITY's documentation of its rsoyrAlng Pi 536 G. WMIF agrees that prier to the commencement of this Agreement, they will conduct an aducationai meeting vAth tho- CrT-Y and their salacted mpioye to discuss haw beast to facilitate the functioning of the Agreement and the coordination of the parties. 'tJ'r MIF agrees to conduct similar meatings on a ye viy bez6% during the t rm cY the A reern z;rot. S. WltfiIF agrQ��s to provide insurance meeting the requirements set forth In Exhibit A and the CITY shell be named as Asn additional insured. The Insurance policy shall includa a provision requiring thirty (30) days' notice to this CITY In the event of cancellation, termination, or lapse In area !ge. In addition to thm foregcalM, VliMIF agrees to Indemnify and hold the CITY and its employees harmlese from any and all liability relating to 1/Q MIPs activities pursuant to thi , Agreement +.c the,;-;,ftnt that thay that yrs In bresoi of its; permits or not In compliance with applicable laws, rules or regul=tions, Is negligent or wiliftelly wrongful conduct. g. This Agreement shy -all be conoterued In accordance with the lavers of the State of Florida and jurisdiction and venue shall be in Palm Beach County. 11w- yo ar4TI�161 9114#1 IN WITNESS S WIIEREC F, the parties have executed this Agreament tivi data and year first written above. Iran tix �. Cil 537 Name,, . . . ............... Title: - WASTE MANAGEMENT INC. OF FLORIDA .• Q. - TWO Name: 538 Septerabor 6, 2MS Publ[c Works / Wld Waft CRV of aww ton Bea ch 222 N.E. 9th Ave. I Baynton Read, Florida 33435Publlc Wtwb / Solid Waste � � 'tl IL+w♦� M �k As Per your request Waft mMnargeMM:ant is looking forward to continue our relationship wfth the CftV of Boytm seacb in proc"SIM the waste. To renter ft cow= we am of%eing the folbwirMg prices for the WM-Sun 5 Facility In Lantana. Be assured vie wll} continue to proalde the NO "I of service you h€mre carne to owmct f m us. 4n brehaff of the enft team at Waste PflanWmwt, I want to thank you for your huarim and wo tools forward to continuing to serve you. If you dauld have any questtorst, pkm feel free to cell. Resp#W* yours, matt Orr 85:9.623-989 John Clnelp 7 Dara rveyft eMraao OR to awbounwtva probetfoo, fbfnk Ower In* Waft merMevNeat. ftwoampWonm 539 w 1 I. : �I. S R : 41 1 . '.A :.t 1 :/„1 Y � y i , h � 1 „U x I `ol” •i l ' F=-Hty DWpa i= Sun Reqdip& UO Sm 5 #;# # 1 1 1 ^ r ,i # #I #!I Y f,. Yr can#.. # trul'.Y.# 1.+I,frf. f'd a:1 Iy41 t1 M1 ': #117t I 1; +'#-: iR.:5�1�# rrA ♦M .# :rin 'l.Of ^'^. : I:-{ 11 1 � = „I # ttt �, :,, ;!";v;,A #rh 1 .I Irl, ..fir RI #, i#;: #11 w#+.I;♦ 1 �'.` %I #.CIIY,w, #'. I„k #: :a �r•r Y In;Iii i .:U 71 #,. ,,# # d; `„+.: r r„ a-ttr,.alf k.r f� F1acft OP=tor. a awl Dete of1E7vM= 0abia 14,2018 A ! +��#I / k =j -•# 'I kl I,f +� #. .1 64 !: 4'i 5 �#: 4 f 1 1'LtY I# �# 1! { 4Y#1 � .i##' 'Y $'• #1 {' R:,nt,,l +�# '�,+51+,«I :,r t; A; # r#ti #, /r#.#i1,# #! . a wwwmm�awwa�r�'rn COP') OP' YI #! r ::.ti 'I Y t`I �++ � 17 14 :1.111- 7M Perin Ylag Read. Met Palm Beach, Fladde 33412 (601) 0484M ' (581) W -340D 540 cjt {�t;jjN #r ''S 1!" i A trot , , "1 " !re►.' ,q•" .;t 'tCC` A:ra*' ..0?� r'P ,►� tiit> ,u:1i..rh,r,a!°e`d: x:. ,w ;:-.,R+F 'Y:•+,,aYrK. - .1.u;'+► $f it $ ,•` '04V i.f.: M - ,R.�1.1`!e}.4 !. ' it. m: ;,►.� ^� i �I'' �. •., N'.ft,k`r,. A /r.} .' '. �4,% di',' 4'. s 3J i}; ' Yt i •4 i i► t 4' . 4 tMtl, : ,U'ri.r +^!, r: '%:!• a^ " ' itl# JW rr'.%lar� ;r�.! to , ", :*# ti' ' #z+t.•+. p�.j ;oy, r� � ;N :r v,"'it„ti,t: �a. !. are u�4' #'r r: .7r.4f1' +."4 ?1st. �sr t; �:%t �^'%Yr,#i�' �"'fi "a*P.0 it a:t�! 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'r +M.. �Y m Yry P,1"'= i' +M�` 1Y r f:M.". "J` ",m"a+., ^i,�Y: g'+,i C�'�"' Y:.YY in M. +y�f..e ".:!,y 5.w J�Vti; a•r ,�t:p''�� YY,*Y .i'Y.. i�.,:Y'"11"kd"�c Y' ;+& 5Y`*,vr�'+!'+f, :Y.: wi.ikl:4 .:.ecpY' ;e+ti 't.Qb;Yd.-`i..i" `Y+.f 'r�dvf:"Y^, g,eif f2 a' ;4;�YI`Y'fa" ;i%,#,,f Ia 'i ll4•r"x ;iYae"i"Y. tr"d. N..;F '... ,:M dl YPi` •1 ii• �:.+sLry .fry Yar+,� f`oe 'i f;1, S,y 'Y'S "8 ., 5:V'i:. M:". ?s;Y s. °�•i".a 9S"'C!'I kii+x n 0))"K4, 0i c. "Y r.• .y.r PY'i, M,7-74 rn"v ,Y .!' Yu6 1' •ui,K� arty. fS'Y,'"st" '�%ir:r:', l.1",.'r+>!J'r�.Y r"•. !'i.dq 's i` �"Yg"r?++i'+=rt Yn �.Y"Pi'r ri +, `Y,f• �71�. {:��iY Viz^ `+ai•!r F '; k'pS`Y% 542 543 •� (��. '. x�il i43,�!i if i'i 417 ''` 544 9. In the event the Florida Depadmot of Envir o nental P'wfttkm waives or remom the requirement for Ow bond to clean up ,and close dw facility, dw p=nnittee Bail wdfy the Auftnity, and the Au ority shall rcqWm a bond for clan up ad closum The pmnidw shall submit writtes,p vffoffbond rea owd an an annual basis. 0 "��tt4; x " f t !^ 13I,Y.. M 1 ri ff ll 'L,G t; 4;1'/: and A 4`I Y I.t'1 4 r:. 1 4, !v,11. f „ ,4"^W.w.4. , 11 ! 41 tai A.1 ,f'I.,4w>I',. 41t, 7!,` : Y.1: Chm M�1 waft 1 Ila: may4; 4.+'f :teresult `4f �4! 1 aS.f. :S lr^.4 ,1 4 '1 !31.-+4 ;t - 1 1 ; FI r " I' o 4 :1 the11 f5 ••1 : daf �i ♦Y. 1l1 •x':•'1..1 �l,l'li 41 �CH�: 4 ^I 145:61 Y' ..; 4 7 4 dY4 M. :II h4!1,"iN 4114. 47, 77y.% �!.♦ n1!! i a 4;:•(, .f, 545 Wrt 546 12. Waste MMAPOSBUt Jnc. OfFlorids will limit its hours ofopendion hr. 7. -CO aim to 7:00 P.M. for the pmeessing of CAD dem, Movement of trucks and external actividw relatigg to the fbac den ofthe waste processing facility. Work within the enclosed building,, such as clam up, and clerical, corpo,Ve, aaeWcw office and business hoc& s Umvided to the processing fscllity are excluded ilom #base hours of op enflo„ Wil= 13. Upon receiving a request from the Osborne comity, a re�resentadve of Waste Management bm ofFlorwa, will sump a quartarly meeting ofthat community Swup at which meeting a mutter rehfing to the hcwty`s opuations will be discussed, and, ha"s will be available to raapond to any imues which Mate to the oparatiou of its fcuity; to be available for an ong ni'i g dialog with of the Osbotaaca community to bona understand the coacerrns and problems which may exist within the connimity; sad, thus, holds itself md, where appropdata and passible, to be of+assistancre is mitigating or eliaura dM any Such pmbW=. Waste Management I= of Florida shall provide copies of any requWa or ware* den w cmmzbg meedW with the Okem gena =ity to the Authority. Audicoty+ staff'" also request copies ofall regarding Waste Management Inc. ofFlorida fiom the Osbo m community gmW. Waste Mar,aga meat bm of Fladda shall sand a xcapresentative to nay meeting sc adul ed by the Authority with the Osborne emmpunity SmV that concarns the ity. 14. W as+eat Jac. of FWda will MA n m t%va pest coft'd poitcy and I5. TMIM will bout enter ad =it the fl,ality through the driveway off ofIh-Ubm& Strceet k=W at the Son& east portion, ofthe bcillty. 16. No maintenance of brash and dabris conttaiam shall take place outside the b ms of B:OQ a.m. to 4:00 p.m. Monday ugh Saturday. No maintenance of vehicles is allonwed, except for cy vehicle repairs to address unsaSe opwathng conditions that reegqufte �I 1 ' f '%1 ♦ r ' . iI.' 1 44 114 #1 ,'lot li :11.. -7, I X1.1; "n . f ♦.1 1 t r1 11 t .r /J i f 1:� 41 :.1 k +Clf 'I'-1 i + f �. r t 4't #1 21; 1 :7t •r .",t r: f..4 i+1 'll 1T�i., iTr% 1 till SI/M ..Y '=11'1 4 r,rl� r'+ l^:I t'1 r: ,'„rl rnll-*1 4r' wl M# ii /C,I wi."',+ii .•,t 1'1 . r 4 i. 1.4n.••+1 i '•.i. fi •fff r' -+r ` ill .I-1 i'�1 41 I I "n 11IIi1$ �1{5r M-:19 ..'. 1.: Id .- 1: �'1 H� !:/.#. i1' .•. lt4 t,i 4 rIr#" 1 t h.:Y of 'r1fU FIR ^: �.. 1 .1 1 '.!1 4rl 14 ;1 1r: 7 1 :-• If 1 {�f11f 547 9 W—.\l r. "ria 0 u: PAPTIZ rtit 01A ,i:iia al, cfD YT oditz DMOSAL FACULTY cim I cimm ROM plint 70801 rom-41,909 fwd, PC% pxetik'M nk (Coil�mv! -0.4 ME (G'il) tv,13-wea 548 2 ZAlfi **-] f z ... owns K operates solid processingcenters and transfer stations;two Kthe processin«, centers being located In Palm Beach Countycs proximity K the CITY located In the Town of Lantana, whi operates from 7:00 AM to 6.*00 PM. The processing facilrd process, recycle. ib.. market recycled solid K M 'iA using advanced technology,* and WHEREAS, Chapter 403, Part IV, Florida Statutes, provides the authority to require municipalities "to adequately plan and provide efficient, environmentally acceptable solid waste management! and to "plan for andregulate the most economically IIC cost-effective Menvironmentally manner the storage, collection, transport,separation, processing, recycling, and disposalof solidwaste order +K protect health, safety and welfare, enhance the environment 1 f recoverresources the• K '.1 for further ussfulneW; andAA`,. K'... Al . ,. K: K , 'K If'.. �* i yy ,�.. , • n Ah i 1Y M. K; iG;Kk' AAi K AIA ,Yr; Ak All: K K Z " M' AA M illu WHEREAS, WMIF will provide AA locurnentation to support CITY's Leadership In , Energy and Environmental Design (LEED) certification for CITY projects so a%signated. 549 NOW THEREFORE, r' consideration, the parties agree as follows* I . The representations set forth herein above and correct andInoorporated heroin by reference. 2. / t will receive constniction debrisand demolition doomedIn Part r foregoing, FloridaStatutes from the CITY. The and racyclables generated/, the CITY. r'. WMIFagreesto charge ;e CITY and the CITY agrees to pay as is �r F I f El 550 weighedcredits, All of the CrTY"s vehicles shall be i scales and all weigh tickets shall reflect recycled material. IN WITNESS WHEREOF, the parties have executed this Agreement the date and year first written above. sealed and delivered In the presence of, 551 Cfty Clark .. , �d}. ■ «2:: «., , . 552 01"NOWWA& "WARROU's, wug 7700 SE Brkfp Rftd HObe SMA K 3W5 (772) %&77CO Vnvc Works / 501W Wage atV of Bowton Beach 222 KE 9th Ave. I &*ft" Beach, Florlda 3343SPubtle Woft / Solid Wgst,- As per your request W4ft MInAPMent Is looking f0tward to continue our relglir,.--rewU T ., Agg, i Be assured we will continue to Provide the ho level of wn** you have come to expect ftm us. On beW of the entire team at wage iviawpmeM I want to thank Vou for Your business and we look f*Mfd to Owtinuft to saw VM If you dwuW have any questions, please feet free to call. R*WWWV W^ Matt Orr 863423-7829 John Cineill W -347-25W 553 I q7;1 N 411M."I'll, 171, T-774 I I, � 0 JDW7, Tj A. i,. - !!!!! •w* A 4 1 1, 1 t .1 1 6 It I I I w , 1. 0. C-adlity Locz6m- 03 vAe nm& of the fidmection of Lubna Road and on ft north Ak of HiUbrs& Dive, Lmhumo FbiWiL M "ji 7,CZ77=7,7, 7WdO771 —2- 0 0 ;A n AA A".- ` ;r-, , ITi.-lt.Avii-.7v-,n7.IA. 717t'i,tAa,177qzWj', _IA w'«yAAiT—, -7 li (71 t1177777,71 F77, 1�=—i I of Olklw-i"i sis I i ... ... . . . . . rrv;��. QQM rk 7-1 rMs A i+14 a 0 -Ij I I J�A I A' T 4� b1, 10 T '-7171, 4; s7 -T 7 it- 7 10=71F.5A A V =Mi i , 4 t 11 r o I t 7 11,1fM Nvulki berg Ulaild, 'I'dwillPralm, MascA, Hadide,81NOW (Iffl) 848,44fl,04, 554 4101 "IN 1 1171 Al I ( 0 11 1:4 to Of # , - .l Ili 4 OV., . .03 #1 1 44 I If I :1710;llrwxic *1 -*;# M'.t. 'I I I WIle", M. OID—fMil $7N, IV+ # #+A# A$ itV, I 1,.•1¢#. of 1-1 , To �71-1&775 ....... k , 7: 4 f7i 3. 'Ibe iuusm of *4 permit does re convey any vaW ''A# 1: or any adusive privilegeL Naw dow it sudwrin any injury to ptg�k or private property or my kmWon of pwonal fio% nor any tobitgement of hderaL state, or kxW laws or regukdonL This painit is rA a waiver of or appwval of any odw pesmit dmt may be required tr o6er aspects of die total project which we M &ddremed MI Permit. 0 "IM 3 U r47 -#'r* r.1 4 � J r7t i- U; 7 1 r, I 4410 4V413 A# 'C$ SIA �l J'All $1 707 1 6 0 —ALI 1:.1 .WJi'4 IMF 555 ;T� to 'I At so #7 1�7 T U,771Fu%., #r4P 104i. 41 . I Zwlt"j n" #1 . it swilutmto 01M. Mimi sm 777�t 4171- is 0,0 4 'I'p 40 t°% Al t # it] )j0#QW -T 7T.7 t. I TAl it �fof 11 tA 7771 4-IT7,0#11-44.7,11 it 7M T I �04 11"41 M =4 174 0 0,40 1 i # 1, Isc ot%lot— It 4 1 �-!—( it 176930"ll", it t,.:,y"*F,". sa ,4tFA 4 1 C.". of i1t 556 11. ii permit }} i } .;u }., # only i# Mik; Autbixity approval with permitted '. M♦ ity } 1 the t=sfer isapproved A the ii} M 12. i i permit or acopyteredshall be 1 the #siteof the permitted activity. 13. Upon f: ,,.♦ r.s thepermittee ffimish all records and p.=required mWer AndmxiWrules.` ig .yx} ;# fr.+mnactions6 the retention MW } 1 11all .#'#i #y will }-^ ,i 4T+fi!M ./ automatically unlessothowiseill' .t,w# by the1 ) 1 14. Wb., -.# -+.sW} by the Anthmity, pmmittee shell withina reasonabletime i }i } 1, 'i #C fM # A 4 required *^#. #law which needed R 1 ter }} -1i compliance with thepermit. the'M ,.+ }} IR'.«. becomes awsre That relevent ficts werenot submitted 14 were incorrect in the permit application at i4 .M}reportto the Authority, j } t.ct or I ial }} # MY}shall, be wlxw }.k promptly. 557 PI 4 YN 14 (6r*--Cz PI# i CON, The Wowing terms. cwdifiot% bmiwions, and restrictiow ad kdh in this Part we 'Specific Pant Con&iwsm and are 1ft on the Permium Balbroemiw of dwe oonditiow Aban be pursuant to the provisi(m of 1? 41 2001-331, lAws of Florida and AWwft rules adopted PM%wwdK=w. 47 1, 1j 11 .. ]I silij I I T,11 I 'M A. ,i7 K"77f4.MT#;jj�, Mi 5ij lie �j I I I a - $' i fp I F-' ; w , fj wj'i I I j#1 01 P. 1 I; M =-A-47-r o k I I E-1 721 4. low Paimibw apm to skm wVrocessed C and D materials, in volumes indicated on the appmved operational site p1m S. IU Pamifte agrees *9 no non-racyclable residue will remain on dw site over 7 days, 6. 11w Pamiftc diall, dispose of all waste requirisig disposal in a Clan I or a Class III IwAfill at a Solid Waste AvOwity ftcift. 7. IU Permittee shall submit mnatfily transectim reports ditteiling tha quantity, in Ows or cubic yards, au received at the #16 the amount of CID 1... 111 hr processin& the ,a11 1!."111 of CID stockpiled. and the amount of non-pmoessed material dhpowd. A copy of die flicility report ftm is artedied and hereby me& part offln perml S. ne Permifte " keep accurate and vw1fiable records of all reports and dft mp*ed by this pennit 558 �4' 1 11 >al AIY IY 1 07,77M, .�1 :r 1 +a l+ ilt ►, ,. 1 4 1 1 f;1 f„ 1 1 Ls1 ♦•: *� 11 Y.' 1 � ,.• 'll Ari,. ',. 1 �.� 1 � f1; " " 111�1 = 1a1 1 •. I) 1 A +1 A 1 1 A� :AI 'J� AI � 1+, 1 1 A��y1 111. 1 ir. '. M M� 1 1Af#. 'i# 1 1... 1'--. 4 � 1(. •.# .r 4. R �1114p .+ ■^ , 0. no Permifte doll ff establish i 114 maintain A. ;ipos. MFI 11A 17 11 �#.,., �#'1=I Class 1 1.A Class 7 flat maybe generated .,: s ft 1 11, i .Iw.S. i,+M 11 ,... 1 Vf1.1' 11 r. MI i` Ak at 11a x;..11 1.: Am 1AY ►�. ,wl f1 ,.1 M 0,110 1'- All 11 : I,, fl # , I1+,.. 1^ war 1 11'1 `1', !1 17;0 IQ4 1, 1!, *1 1�1 ,rrlp 1 1+1 IA' 4 M„i A 1 1 i 4+e'-IA1 l .71 1.1 1 11 111 M - A +r( 11 4 ` *i1 559 M "7411 TOMISM xi 1 ,,,":I I II , r. iw 11 ZMTIJ The Scifity willbe utilized to # M Ir.+l ; only MMM fiM 1411 demolition ;tll Ytl*r 1 an enclowd building. 2. The facilityonly t^ 1,? conshviction mid demolition IIIc, to and wiU not handle any w•Mi ofwattrosh M"r VA*V. 3. 1 loading 1recovered motaials willt; 11 4withinthe confinesofthe strwture preswdy on the. 4. Thae willbe no outdoor .1.... # Manymoterials, whatsoever. The existing dracture will be toftfly enclosed. « =Mi. 1 e 1'; docts at thecost end M 1 !' focility whichcan beopened A Mallowbucks I eater and o lave, and them be M11 M 4i1 door MI !iM thenordwra4 thetwility which be opened 1.eM 1 1 for k * ptapose of allowing tracks to exit the ;aemisex. #s. M" 11 t," 4 tl . }1..fi. 1 1 IA al 1- .+ ! ; 1•; I LI .. 11 M. iM! 1 *,�;, ioill M M MttA " Iti, /:1, 1 1:: 1 I!*. +4/I 1 M # " / 11 w M tl::.. t 1 # 1 1 1 ±" 1 ii ..;1 ,,1 *A . MIl II • '.A I7 " 11, 1 # "" t - ^.1 # MY ai M,1 1 xl , 1% M. 'IP 9 The north= side1 diewall, which Nrin.., theresidents, ill be maintained 1 dean 1 u 1 1d; pointed condition. 10. o M `# #I1'.. 0... ,•, I'. I ' II,.+1 Inc.4..r Floridawill#A 1 M. # landscaping M i a diet.lt* border M the 1' M I between diM •:.. I side :: Mthe wall aW the M+;1 1 1 =+1, 4. which o 1 4I ,, the homes »-;; 1thepeople MI " "11 to north of the R"+el 11. Wade , 1 +;y -i I t 1 Inc.M Florida will lie: 1 1. (thelandscaping on the portion of the propertyalong l' 1 1 .,qM^.... fiwilitywhich 1" M+,~': 1,; O : # 14 t CommunityCanter and - 1 k f 1 * vi ,., 560 I k"J KU FAC :1 PERMWrM -. Son RtcydWg LLC, Sun V PERMIT #.- SW OW CM ADDRESS : 7" Mbra& Drhv, Liftaftnag FL WO PHONE -. 954024M CONTACT PERSON: Orift AA I "awnw, � armeemew, � � " mmaI11111111111,xim SHIPPED RZCElVWGFACMJff (tons) WAM TRANSUMMI) TO OTHER RECYCLING FALCUXM • 7f I I I i 0, 00'' OD YT Other DISPOSAL FACMM cim I clan m RSM .......... Prird ajoll alms "is, fl Head, wast Polml Shimah, FbAdho 1111,314,12 (Iliffil, ) V*4100 FAX (061) 444-340 562 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. 11/7/2023 City of Boynton Beach Agenda Item Request Form Meeting Date: 11/ 7/2023 Proposed Resolution No. R23-165- Public Hearing to adopt a resolution of intent to use the uniform method of collecting non -ad valorem special assessment for canal maintenance for FY 2024-25. Requested Action: Electing to use the uniform method of collecting non -ad valorem special assessment levied for Canal Maintenance for FY 2024-25 to fund the costs of annual canal aquatic maintenance for the four Lake Eden Canals and Lake Shore Haven Canal within the City. Pursuant to the provisions of Ordinance No. 21-011, Sections 166.021, 166.041, and 197.3632, Florida Statutes, and other applicable provisions of law. Explanation of Request: As defined in the Ordinance 21-011 the City implemented a special assessment to fund the costs of annual aquatic management for a limited number of canals located within the Lake View Haven and Lake Eden subdivisions of the City, the four Lake Eden Canals and Lake Shore Haven Canal. The aquatic management service funded by the special assessment includes monthly algae and aquatic weed control of these canals through spraying to provide safe and effective results, but will not include dredging or other capital items or repairs. The objective of aquatic management is: • to prevent the canals from becoming clogged with vegetation, • allow for vessel movement, • eliminate obstruction to the free-flow of storm water runoff, and • reduce health and safety risks associated with the proliferation of unwanted invasive aquatic vegetation. The proposed canal aquatic management special assessment will be levied on a limited number of waterfront properties that will receive special benefits from the canal aquatic management services to be provided by the City and funded by the special assessment. 563 For the Fiscal Year beginning October 1, 2024 the City intends to use the uniform method for collecting non -ad valorem special assessments for the cost of providing canal maintenance services to a limited number of waterfront properties located within the Lake View Haven and Lake Eden subdivisions of the City as authorized by section 197.3632, Florida Statutes, as amended, because this method will allow such special assessments to be collected annually commencing in November 2024, in the same manner as provided for ad valorem taxes. Section 197.3632, Florida Statutes, requires that the City hold a public hearing and adopt a resolution of intent to use the uniform method of collection for any assessment program in the calendar year prior to any such collection. Also requires that notice of the public hearing to adopt the resolution of intent be published in a newspaper of general circulation once a week for the four consecutive weeks immediately before the date of the hearing. The City duly advertised the public hearing prior to the adoption of this Resolution. The dates the publication run in the Palm Beach Post are: 1. Wednesday, October 11, 2023 2. Wednesday, October 18, 2023 3. Wednesday, October 25, 2023 4. Wednesday, November 1, 2023 The resolution, which does not obligate the City to use the method or impose a special assessment, must be adopted by January 1, 2024 and sent to the Palm Beach County Tax Collector, the Palm Beach County Property Appraiser and the Florida Department of Revenue by January 10, 2024. How will this affect city programs or services? The special assessment will address algae and aquatic weed overgrowth issues resulting in an improved level of service to the neighborhood to reduce clogging of the waterway due to vegetation and decaying algae and provide improved stormwater drainage and vessel movement. Fiscal Impact: Funds for the project are available in the Utilities operations account and will be recovered as part of special assessment non -ad valorem taxes for the water front properties receiving the benefit. Attachments: R23-165 Resolution providing For Uniform Method of Collection Non -Ad Valorem Assessments.pdf 564 WE-37467634 -proof.pdf Map Lake Shore Haven & Lake Eden Map.pdf 565 I RESOLUTION NO. R23-165 2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA ELECTING TO 3 USE THE UNIFORM METHOD OF COLLECTING NON -AD VALOREM 4 SPECIAL ASSESSMENTS LEVIED WITHIN THE INCORPORATED AREA OF 5 THE CITY; STATING A NEED FOR SUCH LEVY; PROVIDING FOR THE 6 MAILING OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE 7 DATE. 8 9 WHEREAS, the City of Boynton Beach, Florida (the "City") is contemplating the 10 imposition of special assessments for the provision of canal maintenance services; and 11 WHEREAS, the City intends to use the uniform method for collecting non -ad valorem 12 special assessments for the cost of providing canal maintenance services to property within the 13 incorporated area of the City as authorized by section 197.3632, Florida Statutes, as amended, 14 because this method will allow such special assessments to be collected annually commencing 15 in November 2024, in the same manner as provided for ad valorem taxes; and 16 WHEREAS, the City held a duly advertised public hearing prior to the adoption of this 17 Resolution, proof of publication of such hearing being attached hereto as Exhibit A. 18 NOW, THEREFORE BE IT RESOLVED: 19 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being 20 true and correct and are hereby made a specific part of this Resolution upon adoption hereof. 21 Section 2. Commencing with the Fiscal Year beginning on October 1, 2024, and 22 with the tax statement mailed for such Fiscal Year and continuing thereafter until discontinued 23 by the City, the City intends to use the uniform method of collecting non -ad valorem 24 assessments authorized in section 197.3632, Florida Statutes, as amended, for collecting non - 25 ad valorem assessments for the cost of providing canal maintenance services. Such non -ad 26 valorem assessments shall be levied within the incorporated area of the City. A legal description 27 of such area subject to the assessment is attached hereto as Exhibit B and incorporated by 28 reference. 29 Section 3. The City hereby determines that the levy of the assessments is needed 30 to fund the cost of canal maintenance services within the incorporated area of the City. 31 Section 4. Upon adoption, the City Clerk is hereby directed to send a copy of this 32 Resolution by United States mail to the Florida Department of Revenue, the Palm Beach County 33 Tax Collector, and the Palm Beach County Property Appraiser by January 10, 2024. 34 Section S. This Resolution shall be effective upon adoption. 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 PASSED AND ADOPTED this 7th day of November, 2023. CITY OF BOYNTON BEACH, FLORIDA Mayor — Ty Penserga Vice Mayor — Thomas Turkin Commissioner —Angela Cruz Commissioner —Woodrow L. Hay Commissioner — Aimee Kelley ATTEST: Maylee De Jesus, MPA, MMC Ty Penserga City Clerk Mayor (Corporate Seal) VOTE APPROVED AS TO FORM: Shawna G. Lamb City Attorney YES NO 567 EXHIBIT A PROOF OF PUBLICATION [INSERT PROOF OF PUBLICATION] 568 EXHIBIT B LEGAL DESCRIPTION 569 NOTICE OF INTENT TO USE UNIFORM METHOD OF COLLECTING NON -AD VALOREM ASSESSMENTS The City of Boynton Beach, Florida (the "City") hereby provides notice, pursuant to section 197.3632(3)(x), Florida Statutes, of its intent to use the uniform method of collecting non -ad valorem special assessments to be levied within the incorporated area of the City, for the cost of providing canal maintenance services commencing for the Fiscal Year beginning on October 1, 2024 and continuing until discontinued by the City. The City will consider the adoption of a resolution electing to use the uniform method of collecting such assessments authorized by section 197.3632, Florida Statutes, at a public hearing to be held at 6:00 p.m. on November 7, 2023 at the City Hall Commission Chambers, 100 E. Ocean Avenue, Boynton Beach, Florida. Such resolution will state the need for the levy and will contain a legal description of the boundaries of the real property subject to the levy. Copies of the proposed form of resolution, which contains the legal description of the real property subject to the levy, are on file at the Clerk's Office, 100 E. Ocean Avenue, Boynton Beach, Florida. All interested persons are invited to attend. In the event any person decides to appeal any decision by the City with respect to any matter relating to the consideration of the resolution at the above -referenced public hearing, a record of the proceeding may be needed and in such an event, such person may need to ensure that a verbatim record of the public hearing is made, which record includes the testimony and evidence on which the appeal is to be based. In accordance with the Americans with Disabilities Act, persons needing a special accommodation or an interpreter to participate in this proceeding should contact the City Clerk at (561) 742-6060, at least three (3) days prior to the date of the hearing. 3:Y �� �/°*„ %•t a �� i � cif �� ^� ,b,h � � s + it J Leh $}n g LEGEND �' d» AQUAPCM -Ary AREA 'pJJ,,.AREA&9u9JEC7 TO THE AESE 89NENT . �" -N % W r !M �x PARCEL&5mEE NuM W '.Jy ur si7? CITY OF BOYNTON BEACH MAYLEE DE JESUS, MMC CITY CLERK PUBLISH: The Palm Beach Post Monday, October 9, 2023 e�o Monday, October 16, 2023 v7 Monday, October 23, 2023 Monday, October 30, 2023 W 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. 11/7/2023 City of Boynton Beach Agenda Item Request Form Meeting Date: 11/ 7/2023 Athletic Angels - Field #1 Major Site Plan Modification (MSPM-2023.10.63102) Requested Action: Approve request for Major Site Plan Modification ( MSPM-2023.10.63102; for the Athletic Angels Foundation, Inc. to improve the existing Little League Park baseball field (a.k.a. Field #1) with high performance synthetic turf, including new dugouts and netting and fencing, on a 12.12 -acre parcel located at 300 West Woolbright Road, in the Rec (Recreation) zoning district. Applicant: Brian Casey, Athletic Angels Explanation of Request: The Boynton Beach Little League Park consists of four (4) baseball fields, restrooms, parking, and associated site amenities. Field #1, subject to review under this request, is located on the northwest side of the Little League park. The Athletic Angles Foundation, Inc. (the applicant) is requesting approval to revitalize and update the subject field. The Land Development Regulations require the Site Plan review for city -owned or operated facilities that may cause a significant impact to abutting and adjacent properties to secure City Commission approval. Therefore, the applicant is requesting Major Site Plan Modification (MSPM-2023.10.63102) approval to renovate the subject field with synthetic turf and new dugout structures. Furthermore, in order to provide additional protection to the surrounding areas, the applicant proposes to enhance the field with new 20 -foot tall netting along the foul lines and 25 -30 -foot tall fencing along the outfield. How will this affect city programs or services? Field #1 Improvements will increase park usage for residents and visitors. Fiscal Impact: No fiscal impacts are anticipated. Attachments: Staff Report—Athletic Angels - Field #1 Exhibit A - Location Map 572 Exhibit B - Drawings Exhibit C_Conditions of Approval Development_Order (Athletic Angels).docx Applicant PowerPoint Presentation 573 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 23-030 STAFF REPORT TO: Major Ty Penserga Members of the City Commission THRU: Amanda B. Radigan, AICP Planning and Zoning Director FROM: Luis Bencosme, Senior Planner DATE: November 7, 2023 PROJECT: Athletic Angles - Field #1 MSPM-2023.10.63102 REQUEST: Approve request for Major Site Plan Modification (MSPM- 2023.10.63102) for the Athletic Angels Foundation, Inc. to improve the existing Little League Park baseball field (a.k.a. Field #1) with high performance synthetic turf, including new dugouts, netting and fencing., on a 12.12 -acre parcel, located at 300 W. Woolbright Road, in the Rec (Recreation) zoning district. Applicant: Brian Casey, Athletic Angels Foundation, Inc. PROJECT DESCRIPTION Property Owner: City of Boynton Beach Applicant: Brian Casey, Athletic Angels Foundation, Inc. Location: 300 W. Woolbright Road Existing Land Use: R (Recreational) Proposed Land Use: R (Recreational Existing Zoning: REC (Recreation) Proposed Zoning: REC (Recreation) Existing & Proposed Use: Recreation Acreage: 12.12 574 Page 2 Athletic Angels - Field #1 MSPM-2023.10.63102 Adjacent Uses: North: Right -of -Way of W. Woolbright Road; further north, developed single-family residential properties South: Developed multi -family residential properties classified MEDR (Medium Density Residential) and zoned R-3 (Multi -Family Residential) East: Developed public property (Boynton Beach Memorial Park) classified PPGI (Public & Private Governmental/ Institutional) and zoned PU (Public Usage) West: Right -of -Way of SW 3rd Street; further west, developed multi -family residential properties classified MEDR (Medium Density Residential) and zoned R-3 (Multi -Family Residential) 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 has been posted and notices were mailed in accordance with Ordinance No. 04-007 and 05- 004. BACKGROUND / ANALYSIS The Boynton Beach Little League Park consists of four (4) baseball fields, restrooms, parking, and associated site amenities. Field #1, subject to review under this request, is located on the northwest side of the Little League park. The Athletic Angles Foundation, Inc. (the applicant) is requesting approval to revitalize and update the subject field. The Land Development Regulations require the Site Plan review for city -owned or operated facilities that may cause a significant impact to abutting and adjacent properties to secure City Commission approval. Therefore, the applicant is requesting Major Site Plan Modification (MSPM-2023.10.63102) approval to renovate the subject field with synthetic turf and new dugout structures. Furthermore, in order to provide additional protection to the surrounding areas, the applicant proposes to enhance the field with new 20 -foot tall netting along the foul lines and 25 -30 -foot tall fencing along the outfield. 2 575 Page 3 Athletic Angels - Field #1 MSPM-2023.10.63102 RECOMMENDATION Based on the information contained herein and compliance with the applicable development regulations and review criteria, staff recommends APPROVAL of the proposed Major Site Plan Modification (MSPM-2023.10.63102) subject to satisfying all comments indicated in Exhibit "C" — Conditions of Approval. 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Full drainage plans, including drainage calculations, in accordance with the 2010 LDR, Chapter 4, Article VIII, Section 3.G. will be X required at the time of permitting. 2. All catch basin and manhole covers shall be bicycle proof per the 2010 LDR, Chapter 4, Article VIII, Section 3.G.b. and Engineering X Design Manual Chapter 5, Paragraph D.1.b. 3. At the time of permitting, all projects one -acre or larger in size, shall submit a Notice of Intent (NOI) to the FDEP for coverage under the NPDES Generic Permit. Copies of the NOI shall be X provided to the City of Boynton Beach Department of Public Works, Engineering Division and Utilities Department. 4. The proposed retention pond on the north side is in conflict with the existing 8 -inch CIP raw water main. X 5. Provide a general hold harmless agreement for the 30 -foot tall netting system located on top of the existing 8 -inch CIP raw water X main. FIRE Comments: 6. Provide a current survey area of work clearly highlighted (highlight field #1), since not every field is included in the scope of work. X NFPA 1- 1.14.2 POLICE Comments: None. BUILDING Comments: 7. Provide accessibility throughout the project. X 595 East Boynton Little League Field #1 (MSPM-2023.10.63102) Conditions of Approval Paqe 2 of 2 DEPARTMENTS INCLUDE REJECT 8. This project is in a non-SFHA, verify that the finished floor of the press box is 12 inches above the median crown of the road. X PARKS AND RECREATION Comments: None. PLANNING AND ZONING Comments: 9. The application request must be publicly advertised in accordance with Ordinances 04-007 and 05-004. An affidavit with attachments (ownership list, radius map, and copy of mailing labels) is required X to be provided to the City Clerk and Planning & Zoning two (2) weeks prior to the first public hearing 10. City Commission approval is required for the proposed project, including the new dugout structures, synthetic turf field, 20 -foot & X 30 -foot tall chain-link fencing and 20 -foot tall netting. 11. Revisions to the approved plans that substantially change the site design may require an approved Site Plan Modification application X prior to permitting. CITY COMMISSION CONDITIONS Comments: TBD 596 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Athletic Angels - Field #1 (MSPM-2023.10.63102) APPLICANT: Brian Casey, Athletic Angels Foundation, Inc. APPLICANT'S ADDRESS: 378 Hillsborough Technology Drive, Deerfield Beach, FI 33441 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: November 7, 2023 APPROVAL SOUGHT: Approve request for Major Site Plan Modification (MSPM-2023.10.63102) for the Athletic Angels Foundation, Inc. to improve the existing Little League Park baseball field (a.k.a. Field #1) with high-performance synthetic turf, including new dugouts, netting and fencing., on a 12.12 -acre parcel. LOCATION OF PROPERTY: 300 W. Woolbright 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 in Exhibit "C" with the notation "Included." 4. The Applicant'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: City Clerk 597 U)- X: Alo %k Y Z �O wp D Z �w J r -I W � J 0 J W J LL LO 0 Y �� LUz Z: a tom"` Z pin LL= w UQD W Ur LL Z w i7 O w ma 2 r 0 v pQ Ow OD U Z Z H O J LL TINN m m I Ell Z=l 0 0 oo I T" CD CD hi T" CD CD 11 v T" CD CD L.*M 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. 11/7/2023 City of Boynton Beach Agenda Item Request Form Meeting Date: 11/ 7/2023 Guttersmith - Major Site Plan Modification (MSPM 23-001). Requested Action: Approve request for a Major Site Plan Modification (MSPM 23-001) to construct a one-story, 4,500 square foot warehouse building expansion and related site improvements. Explanation of Request: Guttersmith is an existing business classified as a contractor's workshop that is situated on approximately 0.82 acres of land located within the Heart of Boynton District as defined by the CRA Community Redevelopment Plan. The project contains a total of three (3) developed and undeveloped parcels, including the existing 3,915 square foot warehouse building. The applicant is requesting approval of a concurrent variance application for the construction of the proposed expansion. The concurrent variance application (ZNCV 23-001) is to request relief from Part III, Chapter 3, Article III, Section 3.D.3 "Building and Site Regulations" to grant a reduction of 4.3 feet from the required 15 -foot interior side setback, to allow for an interior side setback of 10.7 feet. How will this affect city programs or services? N/A Fiscal Impact: N/A Attachments: Staff Report.pdf Project Narrative.pdf Exhibit A - Location Map.pdf Exhibit B - Project Plans.pdf Exhibit C - Conditions of Approval.doc APPLICANT Presentation. pptx Development Order.doc STAFF Presentation. ppt 602 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 23-028 STAFF REPORT TO: Mayor Ty Penserga Members of the City Commission THRU: Amanda Radigan, AICP, LEED AP Planning and Zoning Director FROM: Craig Pinder, Senior Planner DATE: October 17, 2023 PROJECT NAME: Guttersmith Major Site Plan Modification (MSPM 23-001) REQUEST: Approval of a Major Site Plan Modification (MSPM 23-001) to construct a one-story, 4,500 square foot warehouse building expansion and related site improvements. PROJECT DESCRIPTION Property Owner: Michael Nixon Applicant: Michael Nixon Agent: Bradley Miller, Urban Design Studio Location: Generally located south of NE 6t" Avenue extending south to NE 5t" Avenue, and abutting developed commercial zoned properties on to the east, and farther east NE 31 Street, and abutting residential zoned property on the west, and farther west NE 211 Street. (see Exhibit A - Location Map) Existing Land Use: General Commercial (GC) Proposed Land Use: General Commercial (GC) Existing Zoning: General Commercial (C-4) Proposed Zoning: General Commercial (C-4) Proposed Use: Warehouse building addition, approximately 4,500 square feet in size to store products and materials in support of the existing use. Acreage: 0.82 acres 603 Guttersmith (MSPM 23-001) Memorandum No PZ 23-028 Page 2 Adjacent Uses: North: Right-of-way for NE 6th Avenue and farther north developed residential properties zoned R-2 (Single and Two -Family Residential); South: Right-of-way for NE 5th Avenue and farther south developed commercial property zoned C-4 (General Commercial); East: Developed commercial properties zoned C-4 (General Commercial) West: Developed residential properties zoned R-2 (Single and Two -Family Residential). PROPERTY OWNER NOTIFICATION A notice of the request was mailed to owners of properties within 400 feet of the subject properties, and signs were posted for the City Commission meeting date. The applicant has certified that they posted signage and mailed notices in accordance with Ordinance No. 04-007 & 05-004. BACKGROUND Proposal: Guttersmith is an existing business classified as a contractor's workshop that is situated on approximately 0.82 acres of land located within the Heart of Boynton District as defined by the CRA Community Redevelopment Plan. The project contains a total of three (3) developed and undeveloped parcels, including the existing 3,915 square foot warehouse building. The applicant is requesting approval of a concurrent variance application for the construction of the proposed expansion (see the respective staff reports). The concurrent variance application (ZNCV 23-001) is to request relief from Part III, Chapter 3, Article III, Section 3.D.3 "Building and Site Regulations" to grant a reduction of 4.3 feet from the required 15 -foot interior side setback, to allow for an interior side setback of 10.7 feet. ANALYSIS Traffic: The project is located within the boundaries of the City of Boynton Beach TCEA (Traffic Concurrency Exception Area), and therefore is not required to meet the Palm Beach County Traffic Performance Standards. Furthermore, the proposed building expansion will be used for storage only in support of the existing business, and is not anticipated to generate additional traffic. 2 604 Guttersmith (MSPM 23-001) Memorandum No PZ 23-028 Page 3 School: School concurrency is not required for this type of project. Utilities: The City's water capacity would meet the projected potable water demand for this project. The proposed building is a warehouse with an open floor plan that will be used for storage. The Utilities Department has required flow calculations demonstrating the City Code requirement of 1,500 gpm with 20 psi residual pressure at the time of permitting. All conditions of approval from the Utilities Department can be viewed in the Conditions of Approval (Exhibit "C"). Police/Fire: The Police and Fire Departments have reviewed the site plan and the applicant has addressed all review comments during the DART review process. The Fire Department notes that they 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: Conceptual drainage information was provided for the City's review. The Engineering Division has found the conceptual information to be adequate and recommended that the review of specific drainage solutions be deferred until time of permit review. Access: The proposed project's main vehicular access point is located on NE 6th Avenue with a secondary gated access point on NE 5th Avenue. Parking: Off-street parking for a single -tenant warehouse requires one (1) parking space per 800 square feet of gross floor area. Under this standard methodology for calculating required off-street parking spaces, a total of eleven (11) parking spaces is required. The site plan proposes thirteen (13) parking spaces, an excess of two (2) spaces. Regular parking space dimensions would conform to requirements of 9 feet by 18 feet for a standard 90 -degree parking stall within the CRA Districts. Landscaping: The Plant List (Sheet LP -1) indicates that the project would add a total of seventeen (17) trees, all of which being canopy trees, shrubs, accents, and groundcover plant material. Canopy trees are being maximized where spatially feasible along the east, west, and south boundaries of the property. All plant materials proposed for the landscape areas are required to be at least Florida number one grade and must be identified as having "low" or "medium" watering needs as indicated in the South Florida Water Management's "Waterwise" publication. Although not required, the applicant has selected several butterfly attracting plants and has exceeded the sustainability code's requirement of utilizing a minimum of 5% of the butterfly attracting plant material within the planting scheme. 3 605 Guttersmith (MSPM 23-001) Memorandum No PZ 23-028 Page 4 Lastly, a twelve (12) foot wide landscape buffer type 2 with a six (6) foot tall wall is proposed along the west property line intended to mitigate off site impacts to the adjacent single and two-family residential properties, and a minimum landscape buffer width of five (5) feet along the east property line to mitigate the impact of the requested variance for a reduced building setback. Building and Site: The proposed site area totals 0.82 acres (35,794 square feet). The proposed storage buillding expansion contains 4,500 square feet of enclosed floor area that can be accessed by overhead doors along the north and south facades of the building, and an open-air covered break area approximately 324 square feet in size. The proposed circulation around the expansion will connect with existing drive aisles to the north and proposed vehicular use area/drive aisles to south of the proposed building. As noted previously, the proposed parking will be accommodated on site utilizing a surface parking lot which can be accessed via the main vehicular ingress/egress located on NE 6th Avenue or gated secondary ingress/egress located on NE 5th Avenue. The proposed vehicular use area located along the south side of the site will be fully screened with landscaping along the south, east, and west property lines, and will be screened from the north by the proposed building. Building Height: The maximum building height allowed within the C-4 zoning district is 45 feet. The proposed building elevations depict the mean roof height at 19 feet and the tallest height indicated on the elevations is 21 feet 8 inches, measured to the peak height of the roof. Setbacks: The C-4 zoning district requires a front building setback of 25 feet, interior side setback of 15 feet unless abutting residential which requires a 30 - foot setback, and a rear setback of 20 -feet. As noted in the table below, the project site has two frontages and is required to provided two front setbacks. The proposed building complies with all setbacks with exception of the interior side setback along the east property line, which the applicant has submitted a Variance application (ZNCV 23-001) requesting to reduce the required setback by 4.3 feet to allow for a setback of 10.7 feet at the southeast corner of the proposed building. The east building setback varies between 10.7 feet and 20.1 feet. Approval of the Major Site Plan Modification request is contingent upon the approval of the Variance application request (see Exhibit C — Conditions of Approval). Please see the corresponding table below for the proposed setbacks, as provided on the architectural site plan (Exhibit B — Project Plans). 4 606 Guttersmith (MSPM 23-001) Memorandum No PZ 23-028 Page 5 Building Setbacks Required Provided Front (NE 6th Avenue) 25' 96.5' Interior Side (west) 30' 30' Interior Side (east) 15' 10.7'* Front NE 5t" Avenue 25' 96.5' *The east building setback varies between 10.7' and 20.1' as indicated on the architectural site plan. Amenities: The project proposes an open air covered break area for staff which connects to an uncovered existing patio/paved area on its east. Design: The proposed building is an addition and is designed to match the existing building's appearance. The proposed expansion will be painted to match the existing building, utilizes the same exterior material finish (metal), and features overhead doors along with a pitched roof matching the existing building. Sustainability: The proposed expansion is for a 4,500 square foot building addition and is not subject to the Sustainable Development Standards set forth within the Land Development Regulations. Lighting: The photometric plan (Sheet E-1) includes five (5) freestanding light pole fixtures, with a proposed pole height of twenty (20) feet above grade within the surface parking lot/vehicular circulation area. The height is consistent with guidelines and requirements of the code and does not exceed the height of the proposed building. Signage: Site and building signage have not been included as a part of the development application submittal. All signage proposed after development application approval will be reviewed against the Land Development Regulations and all other applicable codes during the building permit process. Public Art: The applicant has indicated that the project does not exceed a construction value of $250,000 and therefore is not subject to the Art in Public Places requirement. RECOMMENDATION Staff has reviewed this request for a Major Site Plan Modification and recommends APPROVAL contingent upon approval of the concurrent Variance request (ZNCV 23-001), and satisfying all comments indicated in Exhibit C — Conditions of Approval. Any additional conditions recommended or required by the City Commission shall be documented accordingly in the Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\Guttersmith\_Staff Report\MSPM 23-001\MSPM 23-001 Staff Report_FINAL.doc 5 607 GUTTERSMITH urban JUSTIFICATION STATEMENT ��I.Q1 Major Site Plan Amendment Application Original Submittal: October 5, 2022 Resubmittal: July 5, 2023 Resubmittal: August 14, 2023 OVERVIEW OF REQUESTS & PROPERTY INTRODUCTION Urban Design Land Planning Landscape Architecture On behalf of the property owner, Michael Nixon, Urban Design Studio (UDS) has prepared and hereby respectfully submits this request for a Major Site Plan Amendment Application including a Variance and a Major Site Plan for a proposed 4,500 SF addition commercial building and the combination of three parcels located on 234 NE 6th Ave and 315 NE 5th Ave. The property is currently designated with General Commercial Land Use Designation and C-4 Commercial Zoning. The site is identified by Property Control Numbers (PCNs) of 08-43-45-21-18-000-0730/0680/0690 and consists of a total of .83 acres. This property is the business location of Guttersmith, which is has operated in Boynton Beach for over 20 years. Their business has grown and they have purchased the southern parcels to allow for expansion and to provide a new building for storage of their supplies and materials. The northern building will remain as it exists and continue as the office location. A covered area will be constructed between the existing and proposed buildings to provide for a break area for employees and cover from the elements going between both buildings. The proposed building addition is pre -fabricated with 4,500 square feet and overhead doors on the north and south facades and pedestrian doors on the east and west facades. A loading area for the proposed building will be constructed using the existing grade change as much as possible. Approval of this application will allow Guttersmith to add land area and building area to continue serving the Boynton Beach area. BACKGROUND The subject property currently has an existing 3,915 SF commercial property located on the north parcel of 234 NE 6th Ave. The southern parcel, 315 NE 5th Avenue, is currently improved with two (2) structures which are nonconforming to setbacks and are dilapidated. The parcels are located approximately 1,000 feet north of East Boynton Beach Blvd and 1,000 feet east of North Seacrest Blvd and west of NE 3rd Street. The applicant is seeking concurrent approval of a variance and major site plan application to add a 1 story commercial building and to combine all three parcels. The property is located within the CRA District. There has been no prior Site Plan approval associated with the parcels. 610 Clematis Street, Suite CU02, West Palm Beach, FL 33401 P:561-366-1100 www.udsflorida.com LA0001739 608 Guttersmith Major Site Plan Modification SURROUNDING USES August 14, 2023 The surrounding area consists of small lot residential, commercial and light industrial uses. The area is presently designated with Medium Density Residential (MDR) and General Commercial (GC) Land Use and R2 Residential and C4 Commercial Zoning. A brief description of the surrounding properties is provided below. Surrounding Uses EXISTING USE ZONING DESIGNATION FLU PLAN DESIGNATION NORTH: R2 MEDR Single Family Residential EAST: C4 GC Single -Family Residential & Warehouse/Distribution SOUTH: C4 GC Church — Hosanna Evangelical Alliance WEST: R2 MEDR Residential PRE -APPLICATION APPOINTMENT/CONFERENCE A Pre -Application Conference was held with City staff on July 8, 2022 to discuss the proposed development plan and procedural requirements. The result of the pre - application conference was to prepare and process the applications submitted herein to request review and approval. APPLICATION REQUEST The proposed Site Plan has been developed to depict a 1 story, 4,500 SF commercial building on the southern portion of the property. This new building will replace the existing structures and boat storage lot while the balance of the property will remain the same. The subject property is comprised of three parcels that will be combined into one by unity of title prior to permit issuance. The proposed building addition is a pre -fabricated metal building system which will be utilized for Guttersmith's internal warehouse operations. The building height is proposed at 20' to the roof pitch. The new building as depicted on the site plan is an improvement from the existing conditions of the southern portion of the site and meets the required land development regulations besides a portion of the eastern wall for which a side setback variance is requested and further described in the variance section. The exterior finish color palate will be consistent with the other building on site. Page 2 of 6 609 Guttersmith Major Site Plan Modification August 14, 2023 The project requires one (1) parking space per 800 square feet of warehouse use, with a total of 8,415 square feet, 11 parking spaces are required and 13 spaces are provided exceeding the required amount of parking. The main access to the property will be provided by the existing full access driveways located on NE 6t" Avenue. A secondary gated access driveway will be provided on NE 5t" Avenue. There are no proposed modifications to the northern parcel which consists of an existing building used by Guttersmith. Waste pickup will continue as it does today served by roll out bins along NE 61" Avenue. Due to the size of the site and existing conditions on the northern portion, opportunities for landscape are limited. The applicant has made a significant effort to add landscaping along the southwestern and southeastern buffers where currently no landscaping exists as well as adding Orange Geiger signature trees at the projects southern entrance on NE 5t" Avenue. On the western buffer where adjacent to residential, the applicant is providing a consistent shrub planting of wild coffee and pigeon plum trees on the inside of the existing 8' high concrete block wall. Additionally, the foundation planting area for the western side of the building was relocated to the western buffer. On the eastern buffer where adjacent to existing commercial, the applicant is providing a consistent shrub planting of wild coffee and green buttonwood trees. On the southern buffer surrounding the gated entryway, the applicant is providing substantial landscape plantings including the orange Geiger signature trees, Wild Coffee, Dwarf Firebush, Ficus Green Island and Yellow Lantana. The proposed landscaping and site design result in increased setbacks on the west and south property lines as well as a buffer for the residential to the west. SUSTAINABLE DEVELOPMENT The Sustainable Development code, found in Chapter 4, Article XII I Sec.1 (B) of the City Code, states that "All applications for approval of a new site plan, major site plan modification, or minor site plan modification (resulting in an increase, or replacement, of building square footage by five thousand (5,000) square feet or more), involving multi- family and planned unit residential, non-residential, and mixed use development shall incorporate a sufficient number of sustainable design options from Table 3-1." The application request is for a 4,500 square foot building addition on the southern portion of the subject and therefore, the sustainable development criteria does not apply. REVIEW CRITERIA FOR MAJOR SITE PLAN AMENDMENT The review of the site plan will satisfy the review criteria of Section 2.13.3. of the Land Development Regulations for a major site plan application to confirm compliance with the applicable land development regulations of setbacks, landscape buffers, parking, and building height. VARIANCE (RELIEF) REQUEST Page 3 of 6 610 Guttersmith Major Site Plan Modification August 14, 2023 Concurrent to the major site plan modification, the application is requesting a variance from the land development regulations for a side setback on the east property line adjacent to other commercial uses. The applicant is requesting this major site plan modification to include the proposed building addition with the existing building on site. The applicant understands that removing the existing structures on the southern portion and adding the new building requires the southern portion of the site to come into conformance with current Boynton Beach code regulations. The following variance is being requested concurrent with the major site plan modification: Side setback (east) On the southeastern most portion of the proposed building, the side setback comes to a pinch point where the proposed setback will be 10.7'. The majority of the building will meet the required 15' side setback. The remaining sides of the building meet the required setbacks and land development regulations and provide greater separation and landscape buffers from the adjacent residential homes to the west. Ch 2, Article II, Sec.4, D. outlines the following criteria that should accompany a variance request. The code section is in bold and the applicant's response follows in italics. a. That special conditions and circumstances exist which are peculiar to the land, structure or building involved, and which are not applicable to other lands, structures or buildings in the same zoning district. This site layout is unique and is not comparable to other developed sites within this commercial and light industrial sub community. The existing building and business on the northern portion of the site will remain in place, the applicant has purchased the two properties on the southern portion of the site to expand the business operations and have another location to store materials. The southeastern property line is set on a diagonal limiting the developable and usable area of the site. The configuration of the building allows access to overhead doors from the north and south. The building is placed on site to allow proper circulation and access more importantly, providing the required setback from the residential homes to the west. In doing so, the southeast corner of the building encroaches into the angled setback that is parallel to the property line and adjacent to the commercial uses. These are the special conditions of the site that justify the variance request. b. That special conditions and circumstances do not result from the actions of the applicant for the variance. The site configuration has existed for many years, the proposed building location is needed to provide a safe amount of vehicular circulation areas on the west and southern portions of the site. The proposed layout ensures the proper setback on the west side where adjacent to residential. The applicant has placed their main entrance along NE 6r" Avenue and their back -of -house operations on the southern portion in order to accommodate as many land development regulations as possible. The applicant is improving the southern parcel by removing the existing and Page 4 of 6 611 Guttersmith Major Site Plan Modification August 14, 2023 nonconforming, dilapidated building and locating the new building further east with a proper landscape buffer. c. That granting the variance requested will not confer on the applicant any special privilege that is denied by this section to other lands, structures or buildings in the same zoning district. The granting of the variance will not confer any special privilege to the applicant. The site is located in a predominantly small -lot commercial area. The proposed building will be an overall improvement to the existing condition and will reduce the setback by less than 5' on a portion of the building. The applicant is providing an improvement to the existing conditions of this property and eliminating the nonconforming setback from the residential homes to the west. Additionally, the site layout limits the developable and usable area that the applicant could not make reasonable use of the land. d. That literal interpretations of the provisions of the ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would work unnecessary and undue hardship on the applicant. Literal enforcement of this code would cause an undue hardship on the applicant. The variance process exists to provide efficient relief to the applicant when a need is demonstrated. The lots were previously divided and a small wedge like parcel was created on the southeastern portion of the site which limits the developable area of the site. There are no other constructed lots with the same configuration within this area. The applicant is providing an overall visual improvement to this area which is currently two structures with outdoor recreational vehicle storage. e. That the variance granted is the minimum variance that will make possible reasonable use of the land, structure or building. The requested variance is the minimum variance that will make reasonable use of the land. The site configuration results in a diagonal boundary line and wedge shaped parcel on the southeastern portion where only a portion of the new building will require a variance, the maximum variance being requested is 4.3' reduction in required setback to accommodate the pre -fabricated metal storage system. The reduced setback is adjacent to commercial uses and will be separated by a landscape buffer. f. That the granting of the variance will be in harmony with the general intent and purpose of this chapter and that such variance will not be injurious to the area involved or be otherwise detrimental to the public welfare. The granting of the variance will be in harmony with the intent of the Land Development Regulations which promotes efficiency, effectiveness and equitability for property owners and residences alike. This area is predominantly small lot commercial and light industrial uses and the applicant understands the need for the Page 5 of 6 612 Guttersmith Major Site Plan Modification August 14, 2023 new building to meet current regulations, however the parcel layout limits the operations of the site. The proposed building and site improvements on the southern portion result in a visual improvement to the existing conditions of this property. The building as proposed will be further from residences to the west and will have more landscape than what is existing. CONCLUSION Approval of the proposed 4,500 square feet pre -fabricated building and associated loading area will allow Guttersmith to add land area and new addition to continue serving the Boynton Beach area. On behalf of the applicant and property owner Michael Nixon, UDS respectfully requests favorable review and consideration of the Variance and Major Site Plan Amendment request for the construction of a 4,500 SF commercial building and the combination of three parcels. The agents at Urban Design Studio are Bradley Miller and Lauren Sands who can be reached at (561) 366-1100 or via email at BMiller(a)udsflorida.com and LSands(a)udsflorida.com. Please feel free to contact the agent with any questions or for additional information in support of the requested applications. Page 6 of 6 613 614 z I 1� 7 PRSI �SETBA of 42j F'7 0som 0 K .0 z �z Oi 3. m 00O G M 42j F'7 0som 7 0 CD O (D 3 (D (D 0 Guttersmith j = - ® Boynton Beach, Florida Site Plan (D O < (D > (D 0 T u 0 K .0 z �z Oi 3. m 00O 7 0 CD O (D 3 (D (D 0 Guttersmith j = - ® Boynton Beach, Florida Site Plan (D O < (D > (D 0 T u AS FPU �ERAL —Y AILgNiII—w v.' Cn 2 1 615 m � Mrm m� � � Amm ��� mem �zx Dmo FQ 6) ODm ] 111t L Amo z z N fn III III _ III- III III r III �= I �A r� < m m a�a� 0mb hoz i co N a Q Q PROPOSED STORAGE f BUILDING Q, D EKHAN"'"""""""""°'E""`""E" 45 A MIEK � 9 ROAD = Guttersmith s WEST PALM BEACH FLORIDA PHONE. 56 rz5 4455 3 .r Boynton Beach, FL. 33435 ' `= EMAIL sT D zpo °zn � -T1z � � II W °ate A a Ada 6 a a�A 6 R6 m � Mrm m� � � Amm ��� mem �zx Dmo FQ 6) ODm ] 111t L Amo z z N fn III III _ III- III III r III �= I �A r� < m m a�a� 0mb hoz i co N a Q Q PROPOSED STORAGE f BUILDING Q, D EKHAN"'"""""""""°'E""`""E" 45 A MIEK � 9 ROAD = Guttersmith s WEST PALM BEACH FLORIDA PHONE. 56 rz5 4455 3 .r Boynton Beach, FL. 33435 ' `= EMAIL sT D zpo °zn � -T1z � � II W �w r7 ,p Ar t ww F 4 ci7 r Add ME WE' m Ell F71 ca Z 91 V A bbb J� h a g c Icn 't k PROPOSED STORAGE w�N BUILGuttersDINhG F w�aR�W� mR aNnE« a. m Boynton Beach, FL. 33435 w a , --------------------------------------------------- 11.1F ku rt �q 1 C-'7 m 1 v J 0 FT S y i 4� b r is a n n� 111 I i �_ �� � Ip rw PROPOSED STORAGE } y u tersDIhG GIIA r RORERMWAM xnxEROTE dRCN17EGT t 'y r ITi i � N t. Boynton Beach, FL 33435 ti ...... 618 ASY - oe! — =ems^—� _ — -- —�s — -mA -m e o e D E Fn4s U� _ y 21 RU _ Z.n Ek - ag— Ae h _ D a }} map I m z x o�EaH�o ��ooHs � —Ap1 _ � m y X rD v rD N W n 619 Or F F FAu ji �71 UP VI" x � ' 2 T c c..ii T T T i .... �� a, ��II � ��ar }� �� V 41 A F F FAu �71 VI" x � ' 2 T c c..ii T T T i .... �� a, ��II � ��ar }� �� V F ni ,a.Y � uq .� am d fi, . L1 6 E a f-- - ---- - - ----N _r fl --------------------- ------------------ .......... ......... ... . ........ ..... -- -- --- --- -- -- -- --- — A d M .... ...... I. 41 A 10 �71 41 A �71 am 620 MIMI: 4M,% .........w» / 2 / # a a 315 NE mn AVENUE eELD & WHEELER. INC. PROPOSED COMMaICTA L BUTLDTNG CIVIL ENGINEERINR PRELIMINARY « CURVETING PROPOSED : °\ 621 �w awz)°H\ / | |§_\ _ ;;;;;;;;;l;;;, ;|,§,],],�„! ;a 2 :o /z) ` §�j \ : ${;lf ! •f # a a 315 NE mn AVENUE eELD & WHEELER. INC. PROPOSED COMMaICTA L BUTLDTNG CIVIL ENGINEERINR PRELIMINARY « CURVETING PROPOSED : °\ 621 �w awz)°H\ 43. gag: vt EE -- � � - oo�o ag�es`fe �o�R`s 64 s s'�8aa ° npo m eR a R. ° goEps agyee£z ,� - _ i;Ra ,oma �gaPt 6TH AVENUE §�P9 NE 5TH AVE oz 1YEmE, - _ i;Ra ,oma �gaPt E,Q §�P9 Aga ag�v I 3Qa�3 oz 1YEmE, >, E,Q RE I I�D z S! a S! a Q R R s R o a o o N. N. 3nas' rr O' E £ 315 NE 5TH AVENUE CAULFIELD & WHEELER, INC. PROPOSED COMMERCIAL BUILDING �, SANEcsPE�ARCHITECTUREc CURVETNc ��� ti N� o PRELIMINARY PROPOSED REV PER CITY —MENTS H6/ 23 MVK PAVING, GRADING & DRAINAGE PLAN �soo cRATON ROAD – SUITE34ioo BOYNT—B-CH, rLosm,, PHONE (561F -2O ssi / FAX (561) 750 1452 r --------------------------------t.-- -- - -- --- L - NE 6TH AVENUE _— —- — -- —_— o �o P -as m .d ,'�,_... ,._ __... ..-_. i �P E y I -LL r acme �w �J f// ® LIT Vl rr s° m; o; F i � o m� �n w'- 41- STH AVENUE : SE I� 1 R V I =D s =m m z z o Q o '� v p o frl o 157 SIItEEia g n m o o 0 0 0 o ci a o v O o z 3F� SIREEr 4 4 F m m a m m AtA E £ 315 NE 5TH AVENUE CAU FIELD & WHEELER, INC. PROPOSED COMMHRCLAL, BUILDING / CIVIL ENCINEERws C.AJ� g PRELIMINARY VEHICULAR i C ' LaNDscnaE ARa:IrecmRE - suRvenNc REVIAIDNA BY 3s00 GLADES ROAD - SUITE :DO REV PER CITY —MENTS MOVEMENTPLAN /� , SOCA RATON, FLORIDA 334" BorvruN BEACH, F—IRV, PRONE (IOl)-3sriss1 / - (ssi)-T1s-1112 C�74+] aF„3 eal iw§ o ap;eee§ ' � agyeves 3 e l a ag e s.: a..z�Rs �3xaa R�5 pp B NE 6TH AVENUE eo n.�x✓ \ .d w Asa., ° �,ia uac ;. oa vEvn `For aa. Ro ca. aN s 1. —M ac xc m00% Po� Ir A Io reE.� oda= ag�es`fe �o�R`P 64 s'aPBaa P1 YO eR;m o °5�49A4P / 'g9�se a NE 5TH AVE III 3nas' E £ 315 NE 5TH AVENUE CAULFIELD & WHEELER, INC. PROPOSED COMMERCIAL BUILDING / CIVIL ENGINEERING PRELIMINARY PROPOSED i C' Lll....E"C'ITECT”—suRVPnNG ��� WATER & SEWER PLAN !' /�, Tsoo cEATEN RLGl — smTE ioo BOYNT—B-CH, F -RIC G PHONE (561) 2-1991 / FAX (saij Tsoaasz iw§ cp rlill 7g sf l pp g@� mo Q m o� "� lz m 4 v 4 III 3nas' E £ 315 NE 5TH AVENUE CAULFIELD & WHEELER, INC. PROPOSED COMMERCIAL BUILDING / CIVIL ENGINEERING PRELIMINARY PROPOSED i C' Lll....E"C'ITECT”—suRVPnNG ��� WATER & SEWER PLAN !' /�, Tsoo cEATEN RLGl — smTE ioo BOYNT—B-CH, F -RIC G PHONE (561) 2-1991 / FAX (saij Tsoaasz EXHIBIT "C" Conditions of Approval Project Name: Guttersmith File number: Major Site Plan Modification (MSPM 23-001) Reference: V review of plans identified as a Major Site Plan Modification with an August 14, 2023 Planning and Zoning Department date stamp marking_ DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES Comments: 1. Provide written statement that applicant/owner understands and acknowledges the requirements outlined in the Standard DART X Comments of the City of Boynton Beach Department of Public Works, Engineering Division, attached hereto. 2. The proposed fire hydrant on NE 6th Avenue only provides fire coverage for the existing building. Therefore, at the time of permitting, a new fire hydrant on NE 5th Avenue is required to X provide fire coverage for the new proposed 1 -story storage. 3. Fire flow calculations will be required demonstrating the City Code requirement of 1,500 gpm with 20 psi residual pressure as stated in the 2010 LDR, Chapter 4, Article VIII, Section 3.B.2.d., or the X requirement imposed by insurance underwriters, whichever is greater (Code of Ordinances, Section 26-16(b)). 4. Provide cross-section lines at each property line to show how what is proposed to be developed can be built without impacting the X adjacent property. 5. Changes or revisions to these plans may generate additional comments. Acceptance of these plans during the DART (Development Application Review Team) process does not ensure X that additional comments may not be generated by the City Commission and at permit review. FIRE Comments: None. All previous comments acknowledged at DART meeting. POLICE Comments: None. All previous comments acknowledged at DART meeting. BUILDING 625 Guttersmith (MSPM 23-001) Conditions of Approval Paqe 2 of 2 DEPARTMENTS INCLUDE REJECT Comments: None. All previous comments acknowledged at DART meeting. PLANNING AND ZONING Comments: 6. It is the applicant's responsibility to ensure that the application requests are publicly advertised in accordance with Ordinances 04-007 and 05-004. An affidavit with attachments (ownership list, X radius map, and copy of mailing labels) is required to be provided to the City Clerk and Planning & Zoning one (1) week prior to the first public hearing. 7. Approval of the Major Site Plan Modification application is contingent upon the approval of the Variance (ZNCV 23-001) X application. 8. At the time of permitting, revise the material legend on the color architectural elevation sheets to include the manufacturer paint X specifications. CITY COMMISSION CONDITIONS Comments: To be determined. 626 NO ............... m I'MININS? 06 cn r IL S p Gds 4 1`4 J1111 IN i m I'MININS? 06 cn r IL S p Gds 4 1`4 J1111 IN co N CD m N CD 0 M T M 1 04 U lid ... �,� f VJ GP.�'� 1 11 1 f w/ LL LL LL U U (0 • X O +- N o O LLI Cn o0 � d7 u�7 � CO O (N ('7 qzt oo 0 LL "Z� fel w E ro •� III a; 0 0 0 m I7 O cn c�U �cU- U- 12 It I 1 04 U lid VJ � VJ LL LL LL U U (0 • X O +- N o O LLI Cn o0 � d7 CO O (N ('7 qzt oo T - U) Q (0 • X O +- LLI 0- F- � E •� p 0 0 0 O cn c�U �cU- U- H m m (n CO Cn (n (n 0 r M M M M CD to m CD ti M co M CD M 0 Iq co aiad 0111141/ Cl ul �>- L" C) CL -i a OWO fir 5 M MR, T Iq CD N Iq CD H 0- rr 0 0 1 L M Iq CD Iq Iq co DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME APPLICANT: APPLICANT'S ADDRESS Guttersmith (MSPM 23-001) Michael Nixon, Guttersmith 234 NE 6th AVENUE, STE 1, BOYNTON BEACH, FLORIDA 33435 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: November 7, 2023 APPROVAL SOUGHT: Approval of a Major Site Plan Modification (MSPM 23-001) to construct a one- story, 4,500 square foot warehouse building expansion and related site improvements. LOCATION OF PROPERTY: Generally located south of NE 6th Avenue extending south to NE 5th Avenue, and abutting developed commercial zoned properties on to the east, and farther east NE 31 Street, and abutting residential zoned property on the west, and farther west NE 2nd Street. (see Exhibit A - Location Map) 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 X 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 Applicant's request is hereby X 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: City Clerk S:\Planning\SHARED\WP\PROJECTS\Guttersmith\_Staff Report\MSPM 23-001\MSPM 23-001 DO.doc 645 to Iq co 0 71 U 4- C: N •� p o cn C: O N -0 f/1 0 (n Z3 O 0 � •O co o �--� N O •� Q VrVY N � (nM ~ O 4-0 070 OO O c M" M C) 4— > O O }' U IL 2' O O U E co � U)� j � N N _ O i= _� _ N 0 O O V N }, Z U CM Fn N Q o iO co O .O V o — co co Co Co 0 N cn .� o . m ■ N ■ 0 71 co Iq co m Iq co U) C i O C/) E O O O 0 O � U LO n m M a)L .x a) O Lu O m Iq co I"Ldl PavLY�'Yf3, J"/Shrill^di'v dk-;J Cxl 'Bd"I RC';ICc O&hAL SNE, ETH AVENUE "Y EXEX I YO;W Qf 1113, 11 T U I fY 1II I� 1 drr TVIF t'Muurat'; � w.{ ..... Iia :sT'DRY I�I 1 I II1W}Uw9Fl"�C; IIxXI F S YJd11111f 'd,Tra n a; Yh N�Ya• "d C4 ry�l+ry i.r �IP¶ nA yl IE',.XISTING SITE fes' e r inn> > CflNDITIIf,NSTOI RLhrld'd.IIM+I TE rd PROPOSED SITE -1AIA�r'r#. ,wu j _.... 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U M CT J ' Z N Q O Q> p Z J •`n > U cn N •`n> v �Oz c `. O N v MO ry O > Q o Q (1) � U > (D -0 L C:L I 4LC: FL a) a� E 5 U .0 O E �� V cn Ov X ED M Ov N ■ Fol ti LO co co LO co F, R 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. 11/7/2023 City of Boynton Beach Agenda Item Request Form Meeting Date: 11/ 7/2023 Guttersmith Zoning Code Variance (ZNCV 23-001). Requested Action: Approval of variance request from Part III, Chapter 3, Article III, Section 3.D.3 "Building and Site Regulations" to grant a reduction of 4.3 feet from the required 15 -foot interior side setback, to allow for an interior side setback of 10.7 feet. Explanation of Request: The subject property is comprised of three parcels totaling approximately 35,794 square feet generally located south of NE 6th Avenue, north of NE 5th Avenue, west of developed properties zoned C-4 (General Commercial) and further west, the right-of-way of NE 3rd Street, and east of developed properties zoned R-2 (Single and Two-family Residential). The site contains a one-story 3,915 square feet metal building in which the applicant conducts business operations. The applicant proposes an approximately 4,500 square feet expansion to the existing metal warehouse, that will provide additional storage space with an open-air employee break area (Exhibit C — Project Plans). Pursuant to Part III, Chapter 3, Article III, Section 3.D.3, the project is required to provide a setback of at least fifteen (15) feet from the east property line (i.e. interior side setback) property line. Included within this setback is a required five (5) foot wide landscape buffer comprised of trees and shrubs. The interior side setback is intended to provide adequate distance separation between developments. How will this affect city programs or services? N/A Fiscal Impact: N/A Attachments: Staff Report.pdf Exhibit A - Location Map.pdf Exhibit B - Justification Statement.pdf Exhibit C - Project Plans.pdf Exhibit D - Conditions of Approval.doc 659 APPLICANT Presentation. pptx Development Order.doc STAFF Presentation. ppt 660 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 23-029 STAFF REPORT To: Mayor Ty Penserga Members of the City Commission Thru: Amanda B. Radigan, AICP LEED AP Planning and Zoning Director From: Craig Pinder Senior Planner Date: October 17, 2023 Project: Guttersmith — 234 NE 6` Avenue, Variance (ZNCV 23-001) Requests: Approval of variance request from Part III, Chapter 3, Article III, Section 3.D.3 "Building and Site Regulations" to grant a reduction of 4.3 feet from the required 15 -foot interior side setback, to allow for an interior side setback of 10.7 feet. BACKGROUND The subject property is comprised of three parcels totaling approximately 35,794 square feet generally located south of NE 6t" Avenue, north of NE 5th Avenue, west of developed properties zoned C-4 (General Commercial) and further west, the right-of-way of NE 3rd Street, and east of developed properties zoned R-2 (Single and Two-family Residential). The site contains a one- story 3,915 square feet metal building in which the applicant conducts business operations. The applicant proposes an approximately 4,500 square feet expansion to the existing metal warehouse, that will provide additional storage space with an open-air employee break area (Exhibit C — Project Plans). Pursuant to Part III, Chapter 3, Article III, Section 3.D.3, the project is required to provide a setback of at least fifteen (15) feet from the east property line (i.e. interior side setback) property line. Included within this setback is a required five (5) foot wide landscape buffer comprised of trees and shrubs. The interior side setback is intended to provide adequate distance separation between developments. PROPOSAL After working through site design issues to locate the proposed building addition on site, the applicant determined that a variance would be needed for relief from the interior side (east) building setback abutting the existing developed commercial property also zoned C-4. The current standard interior side setback for the C-4 zoning district is a minimum of fifteen (15) feet. The applicant proposes to demolish and remove two existing non -conforming buildings on site that do not meet the minimum thirty (30) foot interior side (west) setback which is required when 661 abutting a residential zoning district. In respect of the residential zoning district along the west property line, the applicant proposes an interior side (west) setback of 30 feet, a front (south) setback of 96.5 feet which is 71.5 feet further from the south property line than required by code, and an interior side (east) setback of 10.7 feet. It is important to note that due to the irregular shape of the parcel, the interior side (east) setback varies between 10.7 feet and 20.1 feet. As a result, the applicant is requesting a variance to reduce the minimum required interior side (east) building setback to 10.7 feet rather than 15 feet. This reduction equals a variance of 4.3 feet for approximately one-half of the width of the proposed addition. ANALYSIS The City Commission has the authority and duty to authorize, upon appeal, such a variance from the terms of the City ordinance as will not be contrary to the public interest when, owing to special conditions, a literal enforcement of the provisions of the City ordinance would result in unnecessary and undue hardship. In order to authorize the variance, the applicant must demonstrate that the request meets the following criteria (a -f). The applicant's justification and response to these criteria is attached (see Exhibit B - Justification Statement). a. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same zoning district. The geometry of the subject property is unique and unlike other properties within the same zoning district. As stated in the applicant's justification statement, a portion of the east property line is set on a diagonal, which impacts the developability of the parcel. In addition, the property is abutting a residential zoning district (R-2) along its west property line, which requires double the standard interior side setback (30 feet) from the west property line. The applicant states that the orientation of the proposed addition provides access to overhead doors from both the north and south sides of the building. Furthermore, the applicant states that the proposed building placement allows proper circulation and access while providing the required setback from the abutting residential properties. As such, the applicant has provided a front (south) setback of 96.5 feet in order to reduce the amount of encroachment into the interior side (east) building setback as much as feasible, while maintaining the necessary functionality of the building. b. That the special conditions and circumstances do not result from the actions of the applicant. The special conditions exist due to the geometry of the property and is not a result from the actions of the applicant. As stated in the applicant's justification, the site configuration is existing, and the proposed building placement is needed to provide sufficient vehicular circulation areas on the west and southern portions of the site. As mentioned in the response to criterion "a" above, the applicant has provided a building setback of 96.5 feet, measured from the south property line along NE 51 Avenue, which is 71.5 feet in addition to the required setback (25 feet). In addition, the applicant is improving the southern parcel by removing two existing and nonconforming buildings. 662 c. That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, buildings, or structures in the same zoning district. As previously noted, the geometry of the southern portion of the site is irregular in shape due to the southeastern property line being set on a diagonal. As a part of this application request, the applicant is removing nonconforming structures that are currently located within the required 30 -foot setback measured from the west property line and will in turn replace these structures with a building that complies with the required 30 -foot interior side setback. The fact that this variance request is to reduce the setback between the subject property and abutting commercially zoned properties, staff believes that no special privilege will be provided that would not be provided to other properties with similar circumstances. Additionally, the applicant states that the proposal will improve the existing conditions of this subject property. d. That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would work unnecessary and undue hardship on the applicant. The literal interpretation of the provisions of the ordinance may make the proposed development less feasible. Due to the nature of the proposed addition, which is a pre- fabricated building, the applicant is unable to modify the design of the structure to either follow the diagonally set southeastern property line or remove the portion of the building that encroaches into the required setback. The selection of a prefabricated building provides the applicant with both ease of construction and pre -designed drawings which do not need to be modified. Per the applicant's justification, the lots were previously divided and a small wedge-like parcel was created on the southeastern portion of the property which limits the developable area of the site, and that there are no other constructed lots with a similar configuration within the immediate area. e. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure. By allowing a reduction in the interior side (east) setback, the applicant can provide the minimum required 30 -foot setback from the west property line which is adjacent to residential zoned properties. The applicant can also provide the necessary screening and buffering, safe vehicular circulation between the north and south side of the property, and other additional required landscaping to meet the Land Development Regulations. The requested variance from a fifteen (15) foot setback to a 10.7 -foot setback is the minimum variance necessary to appropriately fit the prefabricated building on the subject property. As the proposed building design and placement does not require a setback reduction from the abutting residential properties, the impacts associated with the minimal setback reduction request for a portion of the building are negligible. The applicant believes the request is necessary to make reasonable use of the property. The applicant also states that the proposed development will provide positive impacts to neighboring properties by removing the two (2) existing nonconforming structures, screening 663 the residential development to the west, and accommodating other site requirements, such as improved circulation and site landscaping. In addition, the reduced setback is adjacent to commercial uses and will be separated by a landscape buffer. f. That the granting of the variance will be in harmony with the general intent and purpose of this chapter [ordinance] and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. Staff believes that granting this variance would have virtually no impacts upon surrounding properties considering the minimal intrusion into the setback abutting another commercially zoned property. The purpose of the building/site regulations within the zoning districts, specifically the minimum setback requirements, is to ensure compatibility and a sense of privacy between properties through the adequate separation of structures. The granting of this variance would allow the proposed expansion to appropriately provide access to the overhead doors from the north and south side of site, which further aids in mitigating the impact of the business operations. The applicant believes that the granting of the requested variance would be in harmony with the general intent and purpose of this chapter of the Land Development Regulations, noting that the proposal will result in a visual improvement to the existing conditions of this property. The applicant also states that the building will be further from the residences to the west and will have more landscaping than what currently exists on site. CONCLUSIONS / RECOMMENDATION Based on the analysis contained herein, staff recommends APPROVAL of this variance request, to reduce the interior side (east) setback for a portion of the building, based on the following justification: 1. The uniqueness of this subject property, being relatively small in dimension with an irregular geometry that impacts the developable area of the site; 2. The reduction request is for a portion of the building that encroaches into the setback, and is located on the east side of the property which abuts another commercial zoned parcel; 3. The request includes the removal of two existing nonconforming structures that are almost entirely located within the minimum required 30 -foot setback from the residential zoned parcels; and 4. The request provides adequate separation between properties, while providing for proper site and emergency circulation, screening, and adequate air and natural light to adjacent properties. Staff has reviewed this request for a Zoning Code Variance and recommends APPROVAL based on the analysis contained herein. Staff does not have any conditions for the requested relief, however, any conditions recommended by the City Commission shall be documented accordingly in the Conditions of Approval in Exhibit "D". S:\Planning\SHARED\WP\PROJECTS\Guttersmith\_Staff Report\ZNCV 23-001\ZNCV 23-001 Staff Report_FINAL.docx 664 GUTTERSMITH JUSTIFICATION STATEMENT Major Site Plan Amendment Application Original Submittal: October 5, 2022 Resubmittal: July 5, 2023 Resubmittal: August 14, 2023 OVERVIEW OF REQUESTS & PROPERTY INTRODUCTION 11,11,111, %7, €€ urban Urban Design Land Planning Landscape Architecture On behalf of the property owner, Michael Nixon, Urban Design Studio (UDS) has prepared and hereby respectfully submits this request for a Major Site Plan Amendment Application including a Variance and a Major Site Plan for a proposed 4,500 SF addition commercial building and the combination of three parcels located on 234 NE 6th Ave and 315 NE 5th Ave. The property is currently designated with General Commercial Land Use Designation and C-4 Commercial Zoning. The site is identified by Property Control Numbers (PCNs) of 08-43-45-21-18-000-0730/0680/0690 and consists of a total of .83 acres. This property is the business location of Guttersmith, which is has operated in Boynton Beach for over 20 years. Their business has grown and they have purchased the southern parcels to allow for expansion and to provide a new building for storage of their supplies and materials. The northern building will remain as it exists and continue as the office location. A covered area will be constructed between the existing and proposed buildings to provide for a break area for employees and cover from the elements going between both buildings. The proposed building addition is pre -fabricated with 4,500 square feet and overhead doors on the north and south facades and pedestrian doors on the east and west facades. A loading area for the proposed building will be constructed using the existing grade change as much as possible. Approval of this application will allow Guttersmith to add land area and building area to continue serving the Boynton Beach area. BACKGROUND The subject property currently has an existing 3,915 SF commercial property located on the north parcel of 234 NE 6th Ave. The southern parcel, 315 NE 5th Avenue, is currently improved with two (2) structures which are nonconforming to setbacks and are dilapidated. The parcels are located approximately 1,000 feet north of East Boynton Beach Blvd and 1,000 feet east of North Seacrest Blvd and west of NE 3rd Street. The applicant is seeking concurrent approval of a variance and major site plan application to add a 1 story commercial building and to combine all three parcels. The property is located within the CRA District. There has been no prior Site Plan approval associated with the parcels. 610 Clematis Street, Suite CU02, West Palm Beach, FL 33401 P:561-366-1100 www.udsflorida.com LA0001739 666 Guttersmith Major Site Plan Modification SURROUNDING USES August 14, 2023 The surrounding area consists of small lot residential, commercial and light industrial uses. The area is presently designated with Medium Density Residential (MDR) and General Commercial (GC) Land Use and R2 Residential and C4 Commercial Zoning. A brief description of the surrounding properties is provided below. Surrounding Uses EXISTING USE ZONING DESIGNATION FLU PLAN DESIGNATION NORTH: R2 MEDR Single Family Residential EAST: C4 GC Single -Family Residential & Warehouse/Distribution SOUTH: C4 GC Church — Hosanna Evangelical Alliance WEST: R2 MEDR Residential PRE -APPLICATION APPOINTMENT/CONFERENCE A Pre -Application Conference was held with City staff on July 8, 2022 to discuss the proposed development plan and procedural requirements. The result of the pre - application conference was to prepare and process the applications submitted herein to request review and approval. APPLICATION REQUEST The proposed Site Plan has been developed to depict a 1 story, 4,500 SF commercial building on the southern portion of the property. This new building will replace the existing structures and boat storage lot while the balance of the property will remain the same. The subject property is comprised of three parcels that will be combined into one by unity of title prior to permit issuance. The proposed building addition is a pre -fabricated metal building system which will be utilized for Guttersmith's internal warehouse operations. The building height is proposed at 20' to the roof pitch. The new building as depicted on the site plan is an improvement from the existing conditions of the southern portion of the site and meets the required land development regulations besides a portion of the eastern wall for which a side setback variance is requested and further described in the variance section. The exterior finish color palate will be consistent with the other building on site. Page 2 of 6 667 Guttersmith Major Site Plan Modification August 14, 2023 The project requires one (1) parking space per 800 square feet of warehouse use, with a total of 8,415 square feet, 11 parking spaces are required and 13 spaces are provided exceeding the required amount of parking. The main access to the property will be provided by the existing full access driveways located on NE 6t" Avenue. A secondary gated access driveway will be provided on NE 5t" Avenue. There are no proposed modifications to the northern parcel which consists of an existing building used by Guttersmith. Waste pickup will continue as it does today served by roll out bins along NE 61" Avenue. Due to the size of the site and existing conditions on the northern portion, opportunities for landscape are limited. The applicant has made a significant effort to add landscaping along the southwestern and southeastern buffers where currently no landscaping exists as well as adding Orange Geiger signature trees at the projects southern entrance on NE 5t" Avenue. On the western buffer where adjacent to residential, the applicant is providing a consistent shrub planting of wild coffee and pigeon plum trees on the inside of the existing 8' high concrete block wall. Additionally, the foundation planting area for the western side of the building was relocated to the western buffer. On the eastern buffer where adjacent to existing commercial, the applicant is providing a consistent shrub planting of wild coffee and green buttonwood trees. On the southern buffer surrounding the gated entryway, the applicant is providing substantial landscape plantings including the orange Geiger signature trees, Wild Coffee, Dwarf Firebush, Ficus Green Island and Yellow Lantana. The proposed landscaping and site design result in increased setbacks on the west and south property lines as well as a buffer for the residential to the west. SUSTAINABLE DEVELOPMENT The Sustainable Development code, found in Chapter 4, Article XII I Sec.1 (B) of the City Code, states that "All applications for approval of a new site plan, major site plan modification, or minor site plan modification (resulting in an increase, or replacement, of building square footage by five thousand (5,000) square feet or more), involving multi- family and planned unit residential, non-residential, and mixed use development shall incorporate a sufficient number of sustainable design options from Table 3-1." The application request is for a 4,500 square foot building addition on the southern portion of the subject and therefore, the sustainable development criteria does not apply. REVIEW CRITERIA FOR MAJOR SITE PLAN AMENDMENT The review of the site plan will satisfy the review criteria of Section 2.13.3. of the Land Development Regulations for a major site plan application to confirm compliance with the applicable land development regulations of setbacks, landscape buffers, parking, and building height. VARIANCE (RELIEF) REQUEST Page 3 of 6 668 Guttersmith Major Site Plan Modification August 14, 2023 Concurrent to the major site plan modification, the application is requesting a variance from the land development regulations for a side setback on the east property line adjacent to other commercial uses. The applicant is requesting this major site plan modification to include the proposed building addition with the existing building on site. The applicant understands that removing the existing structures on the southern portion and adding the new building requires the southern portion of the site to come into conformance with current Boynton Beach code regulations. The following variance is being requested concurrent with the major site plan modification: Side setback (east) On the southeastern most portion of the proposed building, the side setback comes to a pinch point where the proposed setback will be 10.7'. The majority of the building will meet the required 15' side setback. The remaining sides of the building meet the required setbacks and land development regulations and provide greater separation and landscape buffers from the adjacent residential homes to the west. Ch 2, Article II, Sec.4, D. outlines the following criteria that should accompany a variance request. The code section is in bold and the applicant's response follows in italics. a. That special conditions and circumstances exist which are peculiar to the land, structure or building involved, and which are not applicable to other lands, structures or buildings in the same zoning district. This site layout is unique and is not comparable to other developed sites within this commercial and light industrial sub community. The existing building and business on the northern portion of the site will remain in place, the applicant has purchased the two properties on the southern portion of the site to expand the business operations and have another location to store materials. The southeastern property line is set on a diagonal limiting the developable and usable area of the site. The configuration of the building allows access to overhead doors from the north and south. The building is placed on site to allow proper circulation and access more importantly, providing the required setback from the residential homes to the west. In doing so, the southeast corner of the building encroaches into the angled setback that is parallel to the property line and adjacent to the commercial uses. These are the special conditions of the site that justify the variance request. b. That special conditions and circumstances do not result from the actions of the applicant for the variance. The site configuration has existed for many years, the proposed building location is needed to provide a safe amount of vehicular circulation areas on the west and southern portions of the site. The proposed layout ensures the proper setback on the west side where adjacent to residential. The applicant has placed their main entrance along NE 6r" Avenue and their back -of -house operations on the southern portion in order to accommodate as many land development regulations as possible. The applicant is improving the southern parcel by removing the existing and Page 4 of 6 669 Guttersmith Major Site Plan Modification August 14, 2023 nonconforming, dilapidated building and locating the new building further east with a proper landscape buffer. c. That granting the variance requested will not confer on the applicant any special privilege that is denied by this section to other lands, structures or buildings in the same zoning district. The granting of the variance will not confer any special privilege to the applicant. The site is located in a predominantly small -lot commercial area. The proposed building will be an overall improvement to the existing condition and will reduce the setback by less than 5' on a portion of the building. The applicant is providing an improvement to the existing conditions of this property and eliminating the nonconforming setback from the residential homes to the west. Additionally, the site layout limits the developable and usable area that the applicant could not make reasonable use of the land. d. That literal interpretations of the provisions of the ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would work unnecessary and undue hardship on the applicant. Literal enforcement of this code would cause an undue hardship on the applicant. The variance process exists to provide efficient relief to the applicant when a need is demonstrated. The lots were previously divided and a small wedge like parcel was created on the southeastern portion of the site which limits the developable area of the site. There are no other constructed lots with the same configuration within this area. The applicant is providing an overall visual improvement to this area which is currently two structures with outdoor recreational vehicle storage. e. That the variance granted is the minimum variance that will make possible reasonable use of the land, structure or building. The requested variance is the minimum variance that will make reasonable use of the land. The site configuration results in a diagonal boundary line and wedge shaped parcel on the southeastern portion where only a portion of the new building will require a variance, the maximum variance being requested is 4.3' reduction in required setback to accommodate the pre -fabricated metal storage system. The reduced setback is adjacent to commercial uses and will be separated by a landscape buffer. f. That the granting of the variance will be in harmony with the general intent and purpose of this chapter and that such variance will not be injurious to the area involved or be otherwise detrimental to the public welfare. The granting of the variance will be in harmony with the intent of the Land Development Regulations which promotes efficiency, effectiveness and equitability for property owners and residences alike. This area is predominantly small lot commercial and light industrial uses and the applicant understands the need for the Page 5 of 6 670 Guttersmith Major Site Plan Modification August 14, 2023 new building to meet current regulations, however the parcel layout limits the operations of the site. The proposed building and site improvements on the southern portion result in a visual improvement to the existing conditions of this property. The building as proposed will be further from residences to the west and will have more landscape than what is existing. CONCLUSION Approval of the proposed 4,500 square feet pre -fabricated building and associated loading area will allow Guttersmith to add land area and new addition to continue serving the Boynton Beach area. On behalf of the applicant and property owner Michael Nixon, UDS respectfully requests favorable review and consideration of the Variance and Major Site Plan Amendment request for the construction of a 4,500 SF commercial building and the combination of three parcels. The agents at Urban Design Studio are Bradley Miller and Lauren Sands who can be reached at (561) 366-1100 or via email at BMiller(a)udsflorida.com and LSands(a)udsflorida.com. Please feel free to contact the agent with any questions or for additional information in support of the requested applications. Page 6 of 6 671 z z a, (D CD 0- U) (D 0 CD D) 1&OIN- o aP Apo O TF[ -L z C; < I >z 0 7 0 CD O (D 3 (D (D 0 aA Guttersmith j = - ® Boynton Beach, Florida Site Plan (D < (D > (D 0 CL I 'A� G 5E3 ID O a, (D CD 0- U) (D 0 CD D) 1&OIN- o aP Apo O TF[ -L z C; < I >z 0 7 0 CD O (D 3 (D (D 0 aA Guttersmith j = - ® Boynton Beach, Florida Site Plan (D < (D > (D 0 3 FEL �ERAL -Y C 2 672 ° : m log _ mal O �s g Y' p — - e o e D W MR UI KIM —g�— I — 4 H- D n n w^ n n n n EXHIBIT "D" Conditions of Approval Project Name: Guttersmith File number: Variance (ZNCV 23-001) Reference: 3,d review of plans identified as a Major Site Plan Modification with an August 14, 2023 Planning and Zoning Department date stamp marking_ DEPARTMENTS INCLUDE REJECT PLANNING AND ZONING Comments: None. All previous comments acknowledged at DART meeting. CITY COMMISSION CONDITIONS Comments: To be determined. 674 NO ............... m I'MININS? 06 cn r IL S p Gds 4 1`4 J1111 IN i m I'MININS? 06 cn r IL S p Gds 4 1`4 J1111 IN ti ti co co I- CD ti co 0 0 co lid VJ GP.�'� 1 11 1 f w/ LL LL LL U U (0 • X O +- N o O LLI Cn oq � d7 u�7 � CO O (N ('7 qzt oo 0 LL "Z� fel w E ro •� III a; 0 0 0 m I7 O cn c�U �cU- U- 12 It I lid VJ � VJ LL LL LL U U (0 • X O +- N o O LLI Cn oq � d7 CO O (N ('7 qzt oo T - U) Q (0 • X O +- LLI 0- F- � E •� p 0 0 0 O cn c�U �cU- U- H m m (n CO Cn (n (n 0 r T 00 CD N 00 CD M 00 CD Iq 00 CD 00 co to 00 co r- 00 co co 00 co o, 4 aiad 0111141/ Cl ul �>- L" C) CL -i a OWO fir 5 M I'M I" I m 00 co 0 co ut gill H 0- rr 0 0 11 L N �D DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME APPLICANT: APPLICANT'S ADDRESS Guttersmith (ZNCV 23-001) Michael Nixon, Guttersmith 234 NE 6th AVENUE, STE 1, BOYNTON BEACH, FLORIDA 33435 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: November 7, 2023 APPROVAL SOUGHT: Approval of variance request from Part III, Chapter 3, Article III, Section 3.D.3 "Building and Site Regulations" to grant a reduction of 4.3 feet from the required 15 -foot interior side setback, to allow for an interior side setback of 10.7 feet. LOCATION OF PROPERTY: Generally located south of NE 6th Avenue extending south to NE 5th Avenue, and abutting developed commercial zoned properties on to the east, and farther east NE 3rd Street, and abutting residential zoned property on the west, and farther west NE 2nd Street. (see Exhibit A - Location Map) DRAWING(S): SEE EXHIBIT "C" 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: 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 X 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 "D" with notation "Included." 4. The Applicant's request is hereby X 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. 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U M CT J ' Z N Q O Q> p Z J •`n > U cn N •`n> v �Oz c `. O N v MO ry O > Q o Q (1) � U > (D -0 L C:L I 4LC: FL a) a� E 5 U .0 O E �� V cn Ov X ED M Ov N ■ Fol 0 ti City Manager's Report 11/7/2023 Update by City Manager on Future Agenda Items. Requested Action: Receive update from City Manager on pending items on the future agenda. 707 10.A Unfinished Business 11/7/2023 City of Boynton Beach Agenda Item Request Form Meeting Date: 11/ 7/2023 Discussion regarding an Infrastructure and Public Safety Bond Referendum for upcoming March 19, 2024 Election. Requested Action: Presentation to discuss and provide staff direction to pursue an Infrastructure Bond and Public Safety Bond Referendum for upcoming March 19, 2024 Election. Explanation of Request: This discussion is to provide staff with direction on developing an Infrastructure Bond and Public Safety Bond Referendum language for City Commission approval. How will this affect city programs or services? No affect on City programs or services. Fiscal Impact: There is no impact on the budget for this item. Attachments: Bond Discussion Presentation-11.7.23.pptx 708 m 0 ti 0 ti m m OJ OJ N O O _0N O N I N N O . 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On July 3, 2023, the Appellant submitted a written Zoning Determination request, attached as Exhibit B, seeking a determination as to whether the City's Code allows a "small percentage" of units on the Property to be used for short-term rentals. Staff reviewed the request against the City's Land Development Regulations, the approval history of the Woolbright Place PUD master plan (which governs the Property) (the "Master Plan"), and in consideration of Florida Statutes, Ch. 509.032 and Ch. 509.242. Upon its review, Staff correctly determined that the City cannot approve short-term rental use on the Property, because the governing ordinances and Settlement Agreement specifies that the Property must be developed with 252 dwelling units (emphasis added). The Applicant now seeks to appeal Staff's determination, disagreeing with Staff's determination and claiming in its appeal letter dated September 1, 2023 (attached as Exhibit "C") that there was no showing the Property was governed by the Woolbright Place PUD master plan. However, Ordinance No. 89-18 and the accompanying Stipulation Settlement Agreement ("SSA"), and Ordinance No. 98-26, as summarized below, evidences that the Property is not only governed by the Master Plan but if used as a short-term rental would violate the governing ordinances.[1] Ord. 89-18 — Tradewinds Development Corp. (original developer) rezoned property to PUD LUI Rating 5 (density 6.0 per ac). Section 3 of Ord 89-18 specifies that the development of the land as PUD in accordance with the SSA, as outlined in the judicial order (case no. 86-3661). 719 • Section 16 of the SSA specifies that the Master Plan was accepted and approved by the original developer (and successors) and the City. • Section 18.A.1 of the SSA specifies that a total of 520 dwelling units located on 85.3876 acres, which equates to a gross density of 6.00 dwelling units per ac. • Section 18.A.5 of the SSA specifies the property will be developed with multi -family housing, limited to 2 and 3 story condominiums. • Ord. No. 98-26 (adopted July 21, 1998), which amends Ordinance No. 89-38 — the Property was re -designated on the Future Land Use Map from Moderate Density (9.68 du/ac) to High Density (10.8 du/ac) to build 548 units (252 units — the Cove, which is the subject property) and (296 units — north apartment complex, which is not the subject property). The Property is zoned Planned Unit Development (PUD), specifically the Woolbright Place PUD,[2] which is governed by Ordinance No. 89-018, as amended by Ordinance No. 89-38 and Ordinance No. 98-26, and corresponding SSA. While the Florida Legislature has preempted the prohibition of vacation rentals, it provided an exemption for any local law, ordinance, or regulation adopted on or before June 1, 2011, pursuant to Section 166.021(7) (b), Florida Statutes, which the above -discussed Ordinances fall within. Ordinance No. 98-26 specifies that the property was to be developed with 252 dwelling units. The City Code defines dwelling and dwelling units as follows: DWELLING - A building or portion thereof used exclusively for residential occupancy or habitation but excluding hotels and motels, group homes, boats, recreation vehicles, tents, and the like. (emphasis added). DWELLING UNIT (DU) - A residential unit comprised of one (1) or more habitable rooms connected together, providing complete, independent living facilities for a single family, and which includes permanent provisions for living, cooking, eating, sleeping, and sanitation. For the purposes of determining impact fees, the term "residential unit" shall be considered an apartment, condominium, single-family detached house, mobile home, single-family attached house, or multi -family housing established for human habitation. The governing Ordinances and SSA by definition, prohibits hotels [3] and the like — which includes short-term rentals, used for transient occupancy. Therefore, Staff correctly determined that the City cannot approve the Property for short-term rentals. City Commission Review of Appeal Pursuant to Section 27-95(f), in exercising its powers, the City Commission "may, reverse or 720 affirm, wholly or partly, or may modify the order, requirement, decision, or determination made by an administrative official and may make any necessary order, requirement, decision, or determination, and to that end, shall have all the powers of the officer from whose action is being appealed." The concurring vote of a majority of the members present shall be necessary to reverse any order, requirement, decision, or determination of any administrative official or to decide in favor of the applicant on any matter upon which the board or commission is required to pass Staff recommends that the City Commission affirms Staff's determination, in whole, that the Property cannot be used for short-term rentals. [1 ] The above -referenced ordinances are collectively referred to as the governing Ordinances. [2] Note, the Woolbright PUD was amended to include the subject property, pursuant to Ordinance No. 89-38. [3] Article II of the City's Land Development Regulations defines a Hotel "A building or portion thereof offering temporary lodging of transient guests, with access to the guest rooms through the inside lobby, and accessory uses that may include conference facilities, restaurants, bars, and recreation, fitness amenities, and retail." How will this affect city programs or services? N/A Fiscal Impact: No fiscal impact Attachments: MEMO - Appeal of Cove Zoning Interpretation.pdf Appeal of Administrative Determination Location aerial photo.pdf 721 a ����R ,f E L F 6 �- °i� A C ,,11, C 0 L., E " I k I L, I P dl A ,,,1 MEMORANDUM To: Mayor Ty Penserga Members of the City Commission CC: Daniel Dugger, City Manager Shawna Lamb, City Attorney Amanda B. Radigan, Director, Planning and Zoning From: David N. Tolces, Outside Counsel Chanae L. Wood, Outside Counsel eZV Date: October 31, 2023 RE: RE: Notice of Appeal of Administrative Determination Zoning Verification Letter (ZCVL#23-00000044) For the Property Located at 10o New Lake Drive, Boynton Beach, Florida 33426, the Cove Apartment Community (the "Property"). Pursuant to Section 27-95(d)(1) of the City Code of Ordinances, SCG Atlas Boynton I, LLC (the "Appellant") has appealed the zoning verification letter issued on August 17, 2023 by the Development Department, Planning & Zoning Provision, attached as Exhibit "A" (the Zoning Letter") to the City Commission. On July 3, 2023, the Appellant submitted a written Zoning Determination request, attached as Exhibit "B," seeking a determination as to whether the City's Code allows a "small percentage" of units on the Property to be used for short-term rentals. Staff reviewed the request against the City's Land Development Regulations, the approval history of the Woolbright Place PUD master plan (which governs the Property) (the "Master Plan"), and in consideration of Florida Statutes, Ch. 509.032 and Ch. 509.242. Upon its review, Staff correctly determined that the City cannot approve short-term rental use on the Property, because the governing ordinances and Settlement Agreement specifies that the Property must be developed with 252 dwelling units (emphasis added). The Applicant now seeks to appeal Staff's determination, disagreeing with Staff's determination and claiming in its appeal 722 The Cove Zoning Interpretation Appeal October 31, 2023 Page 2 of 3 Letter dated September 1, 2023 (attached as Exhibit "C") that there was no showing the Property was governed by the Woolbright Place PUD master plan. However, Ordinance No. 89-18, and the accompanying Stipulation Settlement Agreement ("SSA"), which are attached to Exhibit "A," and Ordinance No. 98-26, attached hereto as Exhibit "D," as summarized below, evidences that the Property is not only governed by the Master Plan but if used as a short-term rental would violate the governing ordinances.'. • Ord. 89-18 - Tradewinds Development Corp. (original developer) rezoned property to PUD LUI Rating 5 (density 6.0 per ac). • Section 3 of Ord 8g-18 specifies that the development of the land as PUD in accordance With the SSA, as outlined in the judicial order (case no. 86-3661). • Section 16 of the SSA specifies that the Master Plan Was accepted and approved by the original developer (and successors) and the City. • Section 18.A.1 of the SSA specifies that a total of 520 dwelling units Located on 85.3876 acres, Which equates to a gross density of 6.00 dwelling units per ac. • Section 18.A.5 of the SSA specifies the property will be developed with multi -family housing, limited to 2 and 3 story condominiums. • Ord. No. 98-26 (adopted July 21, 1998), which amends Ordinance No. 89-38 - the Property was re -designated on the Future Land Use Map from Moderate Density (9.68 du/ac) to High Density (10.8 du/ac) to build 548 units (252 units - the Cove, which is the subject property) and (296 units - north apartment complex, which is not the subject property). The Property is zoned Planned Unit Development (PUD), specifically the Woolbright Place PUD '2 which is governed by Ordinance No. 89-o18, as amended by Ordinance No. 89-38, and Ordinance No. 98-26, and corresponding SSA. While the Florida Legislature has preempted the prohibition of vacation rentals, it provided an exemption for any local law, ordinance, or regulation adopted on or before June 1, 2011, pursuant to Section 166.021(7)(b), Florida Statutes, within which the above - discussed Ordinances fall. Ordinance No. 98-26 specifies that the property was to 1 The above -referenced ordinances are collectively referred to as the governing Ordinances. 2 Note, the Woolbright PUD was amended to include the subject property, pursuant to Ordinance No. 89- 38. MIAMI I FT. LAUDERDALE I BOCA RATON I TAMPA I GAINESVILLE I WSH-LAW.COM 723 The Cove Zoning Interpretation Appeal October 31, 2023 Page 3 of 3 be developed with 252 dwelling units. The City Code defines dwelling and dwelling units as follows: DWELLING - A building or portion thereof used exclusively for residential occupancy or habitation but excluding hotels and motels, group homes, boats, recreation vehicles, tents, and the like. (emphasis added). DWELLING UNIT (DU) - A residential unit comprised of one (1) or more habitable rooms connected together, providing complete, independent Living facilities for a single family, and which includes permanent provisions for living, cooking, eating, sleeping, and sanitation. For the purposes of determining impact fees, the term "residential unit" shall be considered an apartment, condominium, single-family detached house, mobile home, single-family attached house, or multi -family housing established for human habitation. The governing Ordinances and SSA by definition, prohibits hotels3 and the like - which includes short-term rentals, used for transient occupancy. Therefore, Staff correctly determined that the City cannot approve the Property for short-term rentals. • City Commission Review of Appeal Pursuant to Section 27-95(f), in exercising its powers, the City Commission "may, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination made by an administrative official and may make any necessary order, requirement, decision, or determination, and to that end, shaLL have aLL the powers of the officer from whose action is being appealed." The concurring vote of a majority of the members present shall be necessary to reverse any order, requirement, decision, or determination of any administrative official or to decide in favor of the applicant on any matter upon which the board or commission is required to pass Staff recommends that the City Commission affirm Staff's determination, in whole, that the Property cannot be used for short-term rentals. 3 Article II of the City's Land Development Regulations defines a Hotel "A building or portion thereof offering temporary lodging of transient guests, with access to the guest rooms through the inside Lobby, and accessory uses that may include conference facilities, restaurants, bars, and recreation, fitness amenities, and retail." MIAMI I FT. LAUDERDALE I BOCA RATON I TAMPA I GAINESVILLE I WSH-LAW.COM 724 Exhibit "A" The City of Boynton Beach August 17, 2023 Development Department Planning & Zoning Division 100 E Ocean Ave Boynton Beach, Florida 33425 (P): 561-742-6260 www.boynton-beach.org Mr. Jeffrey P. Buak Foley & Lardner, LLP 301 E. Pine St., Suite 1200 Orlando, FL 32801 jbuak@foley.com Re: Zoning Verification Letter (ZCVL # 23-00000044) The Cove at Boynton Beach Apartments - Use for short-term rentals Dear Mr. Buak: Your request for written Zoning Determination, dated July 3, 2023 has been reviewed by a staff team and a formal response has been prepared as follows. Information Requested: A determination as to whether the City's Code allows a "small percentage" of units at the above -referenced project to be used for short-term rentals. Please know that your request has been thoroughly reviewed against the City's Land Development Regulations, the approval history of the subject master plan known as the Woolbright Place PUD, and in consideration of Florida Statutes, Ch 509.032 and Ch 509.242. As previously conveyed by City staff and outlined below, the City cannot issue approval for the use of units as short-term rentals at the subject project. The subject property, The Cove, is a multi -family residential development zoned Planned Unit Development (PUD), specifically the Woolbright Place PUD,1 which is governed by Ordinance No. 89-018 (adopted June 27, 1989) and corresponding settlement agreement ("Woolbright Ordinance"). While the Florida Legislature has preempted the prohibition of vacation rentals, it provided an exemption for any local law, ordinance, or regulation adopted on or before June 1, 2011, pursuant to Section 166.021(7)(b), Florida Statutes — which the Woolbright Ordinance falls within. The Woolbright Ordinance specifies that the property was to be developed with 520 dwelling units. The City Code defines dwelling and dwelling units as follows: DWELLING - A building or portion thereof used exclusively for residential occupancy or habitation, but excluding hotels and motels, group homes, boats, recreation vehicles, tents, and the like. (emphasis added). DWELLING UNIT (DU) - A residential unit comprised of one (1) or more habitable rooms connected together, providing complete, independent, living facilities for a single family, and which includes permanent provisions for living, cooking, eating, sleeping, and sanitation. For the purposes of determining impact fees, the term "residential unit" shall be considered an apartment, condominium, single-family detached house, mobile home, single-family attached house, or multi -family housing established for human habitation. Note, the Woolbright PUD was amended to include the subject property, pursuant to Ordinance No. 89-38. S:\Planning\Interpretations and Clarifications\Interpretations\Interpretation - 100 New Lake Drive (ZCVL 23-044)\Interpretation Letter ZCVL 23-044.docx 725 The Woolbright Ordinance by definition prohibits hotels' and the like — which includes short term rentals, used for transient occupancy. Therefore, the City cannot grant your request. For your records, accompanying this letter is a copy Ordinance No. 89-018, Ordinance No. 89-38, and an excerpt from the Land Development Regulations, Chapter 3, Article IV (Use Regulations). Additional information on the City's Land Development Regulations including the zoning information and use regulations, please visit the City's online zoning portal at Ih.f.� s°1/I'll bo intoinbeaclh„ciiviic Ilus„corn'n/352/Oiriidiics. Should you have any additional questions or concerns, please feel free to contact me directly by email at irdiigarna _bbfll„us or phone at 561-742-6369. Sincerely, Amana B. Radigan, AICP Director of Planning & Zoning Enclosed 2 Article II of the City's Land Development Regulations defines a Hotel "A building or portion thereof offering temporary lodging of transient guests, with access to the guest rooms through the inside lobby, and accessory uses that may include conference facilities, restaurants, bars, and recreation, fitness amenities, and retail.” 726 4 ORDINANCE NO. 89-18 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 80-19 OF SAID CITY PURSUANT TO AN ORDER OF THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT BY REZONING SEVERAL PARCELS OF LAND WITHIN THE CITY OF BOYNTON BEACH, FLORIDA, FROM R -l -A (SINGLE-FAMILY RESIDENTIAL DISTRICT), R-3 (MULTIPLE -FAMILY DWELLING DISTRICT), AND REC (RECREATION DISTRICT) TO PLANNED UNIT DEVELOPMENT WITH A LAND USE INTENSITY OF 5.0 (PUD LUI 5.0), SAID PARCELS BEING MORE PARTICULARLY DESCRIBED HEREIN; AMENDING THE REVISED ZONING MAP ACCORDINGLY; PROVIDING THAT ALL DEVELOPMENT OF SAID PROPERTY SHALL PROCEED IN STRICT COMPLIANCE WITH THE DEVELOPMENT PLANS AS SUBMITTED AND APPROVED AND ALL APPLICABLE ORDINANCES OF THE CITY OF BOYNTON BEACH, FLORIDA; PROVIDING A CONFLICTS CLAUSE; A SEVERABILITY CLAUSE; AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the City Commission of the City of Boynton Beach, Florida, has heretofore adopted Ordinance No. 80-19 in which a revised zoning map was adopted for said City and; WHEREAS, Kieran J. Kilday, as agent for the applicant, Tradewinds Development Corp., d/b/a TRADEWINDS GROUP, and the owners of the subject parcels, has heretofore filed a Petition with the City of Boynton Beach, Florida pursuant to Section 9 of Appendix A -Zoning of the Code of ordinances, City of Boynton Beach, Florida for the purpose of rezoning certain parcels of land consisting of approximately 86.6191 acres (±) located within the municipal limits of said City, said property being more particularly described hereinafter, from R -l -A (Single Family Residential District), R-3 (Multiple -Family Dwelling District) and REC (Recreation District) to Planned Unit Development with a Land Use Intensity of 5.0 (PUD LUI 5.0); and WHEREAS, the City Commission entered into a Stipulation and Settlement Agreement which was approved by Judge Rudnick's order Approving Settlement Agreement on November 6, 1986, and subject to a further Order by Judge Rudnick on January 27, 1987, and subject also to a Mandate and opinion 727 ORDINANCE NO. 89-18 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 80-19 OF SAID CITY PURSUANT TO AN ORDER OF THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT BY REZONING SEVERAL PARCELS OF LAND WITHIN THE CITY OF BOYNTON BEACH, FLORIDA, FROM R -l -A (SINGLE-FAMILY RESIDENTIAL DISTRICT), R-3 (MULTIPLE -FAMILY DWELLING DISTRICT), AND REC (RECREATION DISTRICT) TO PLANNED UNIT DEVELOPMENT WITH A LAND USE INTENSITY OF 5.0 (PUD LUI 5.0), SAID PARCELS BEING MORE PARTICULARLY DESCRIBED HEREIN; AMENDING THE REVISED ZONING MAP ACCORDINGLY; PROVIDING THAT ALL DEVELOPMENT OF SAID PROPERTY SHALL PROCEED IN STRICT COMPLIANCE WITH THE DEVELOPMENT PLANS AS SUBMITTED AND APPROVED AND ALL APPLICABLE ORDINANCES OF THE CITY OF BOYNTON BEACH, FLORIDA; PROVIDING A CONFLICTS CLAUSE; A SEVERABILITY CLAUSE; AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the City Commission of the City of Boynton Beach, Florida, has heretofore adopted Ordinance No. 80-19 in which a revised zoning map was adopted for said City and; WHEREAS, Kieran J. Kilday, as agent for the applicant, Tradewinds Development Corp., d/b/a TRADEWINDS GROUP, and the owners of the subject parcels, has heretofore filed a Petition with the City of Boynton Beach, Florida pursuant to Section 9 of Appendix A -Zoning of the Code of ordinances, City of Boynton Beach, Florida for the purpose of rezoning certain parcels of land consisting of approximately 86.6191 acres (±) located within the municipal limits of said City, said property being more particularly described hereinafter, from R -l -A (Single Family Residential District), R-3 (Multiple -Family Dwelling District) and REC (Recreation District) to Planned Unit Development with a Land Use Intensity of 5.0 (PUD LUI 5.0); and WHEREAS, the City Commission entered into a Stipulation and Settlement Agreement which was approved by Judge Rudnick's order Approving Settlement Agreement on November 6, 1986, and subject to a further Order by Judge Rudnick on January 27, 1987, and subject also to a Mandate and opinion 727 from the Fourth District Court of Appeal on July 22, 1988, which affirmed the trial court's orders, and subject also to Judge Rodger's Order Granting Tradewinds Motion for Contempt on October 21, 1988, and lastly, subject to the Fourth District Court of Appeals Per Curiam Affirmation of Judge Rodger's Contempt Order on June 7, 1989, copies of which are all attached hereto, and the City Commission is, therefore, being required to comply with the aforesaid Stipulation 'and Settlement Agreement. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA; Section 1: That the following described land, located in the City of Boynton Beach, Florida, to wit: See attached Exhibit "A" be and the same is hereby rezoned from R -1-A (Single Family Residential District, R-3 (Multiple -Family Dwelling District), and REC (Recreation District) to Planned Unit Development with a Land Use Intensity of 5.0 (PUD LUI 5.0), which intensity is determined to be appropriate under the circumstances agreed upon by the City in said Stipulation and Settlement Agreement and in conformity with the Comprehensive Plan of the City of Boynton Beach, Florida. Section 2: That the aforesaid Revised Zoning Map of the City shall be amended accordingly. Section 3: That the application of the owners and agents of the subject property for rezoning is hereby granted for the purpose of permitting the development of said land as a Planned Unit Development (PUD) specifically in accordance with the aforementioned Stipulation and Settlement Agreement and Court Orders in Case No. 86-3661 (CL)A, all which respectively enforced the Stipulation and Settlement Agreement and found this City in contempt of court. Except as provided herein, the Applicant shall proceed to file site plans of any part or all of the PUD for review 728 by the appropriate departments of the City government in accordance with the Ordinances of the City of Boynton Beach, and the site plans shall also be subject to review with respect to subdivision, platting, building permitting, and any ar all applicable rules and regulations of any governmental entity having jurisdiction over land development and building permitting within the City of Boynton Beach. Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 5: Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 6: This Ordinance shall become effective immediately upon passage. FIRST READING this Q day of 1989. SECOND READING and FINAL PASSAGE this day of 1989. CITY OF AQYTOON BEACH, FLORIDA ATTEST City rrk (SEAL) Mayor Commissioner 729 EXHIBIT "A" DESCRIPTION: OVERALI, P.U.D. A Po-liTl'IUN UI' SI•;C.TION 29, TOWNS11111 45 SOUTIl, RANGE 43 RAST, PALM ❑IinC❑ CUIIY, FLORIDA AND A PORTION OF "LAKE' I10YN'TON ES'TA'TES, I'IA'1' 1", AS HECORDED IN PLAT BOOK 13,PAGE 32 AND 'LAKE BOYNTON ESTATES, PLAT 2", AS RECORDED IN PLAT BOOK 14, PAGE 17 AND 'LAKE BOYNTON ESTATES PLAT 3% AS RECORDED IN PLAT BOOK 13, PAGE 53, ALL IN THE. PUBLIC .RECORDS OF' PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING NP THE SOUTHEAST CORNER OF SAID SECTION 29, TOWNSHIP 45 SOUTH, RANGE 43 EAST; THENCE N. 01 34' 16" W. ALONG THE EAST 1,11115 OF SAID SECTION 29, A DISTANCE OF 1000.64 FEET TO THE POINT 01' BEGINNI.NG OF-1.1IIS DESCRIPTION; THENCE S. 88 26' 13" W., A DISTANCE OF 193.30 FEET TO A POINT OF CURVATURE; THENCE WESTERLY AEON(. Till-' ARC 01' A CURVE 1'0 THE RIGHT IIAVING A RADIUS OF 1,000,00 FEET, A CENTRALANGLE OF 10 42' 04", AN ARC DISTANCE OF 186.77 FEET TO A POINT OF REVERSE CURVATURE; THENCE CONTINUE WESTERLY ALONG '1'111: ARC OI' A CURVE TO TUE LEFT, IIAVING A RADIUS OF 1,000.00 FRET, A CENTRAL ANGLE OF 10 42' 04", AN ARC DISTANCE OF 186.77 FEET TO A POINT 01' TANGENCY; THENCE S. Oil 26' 13" W., A DISTANCE 01 5., J1 111 FE'E'T TO A POINT ON CURVE;; THENCE SOUTHERLY ALONG THE AIlC OF A CURVE. TO THE RIGHT WHOSE .RADIUS DEARS S. 70 47' 23" W., IIAVING A RADIUS OF 1030.00 FEET, A CENTRAL ANGLE OF 17 30' 50", AN ARC DISTANCE OF 563.64 FEET TO A POINT OF TANGENCY; THENCE S. It It 26' 13" W., A RADIAL DISTANCE OF 80.00 FEET; THENCE NORTHERLY ALONG '1'IIF AItC Ol' A CURVE TO THELEF"1' HAVING A RADIUS OF .1750.00 1'kl:'1', A CRN'TRAL ANGLE OF 11 291 34", AN ARC DISTANCE OF 351.03 FEET; '''HENCE S. BU 26' 13". W., A DISTANCE OF' 483.87 FELT TO A 1'01 NT OF INTERSECTION WITH THE EASTERLY RIGIIT-OF-WAY LINE OF THE LAKE WORTH DRAINAGE DI.S'TRICT CANAL. E-4, AS DESCRIBED IN QUIT CLAIM IN, 13) I'D LAKE WOR'TII DRAINAGE DISTRICT AND RECORDED IN 0.11. BOOK 21.46, PAGE 176 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY; THENCE N. 20 54' 51" W., ALONG SAID. EAST RIGHT-OF-WAY, A D1:;TANCI: OF 075.39 FEET TO AN IN'TERSEC'TION WITH TIIE WESTERLY PIZOJI,'CTION OF THE SOUTH LINE OF'TALM BEACH LEISUREVILLE SECTION 3", ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 28, PAGES 243 AND 244 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TIIENCE N. 65 52' 06" E., ALONG SAID SOUTH LINE, A DISTANCE OF 248.35 FEET TO THE SOUTHEAST CORNER OF LOT 4, BLOCK 23 OF' SAID "PALM BEACH LEISUREVILLE SECTION 3";THENCE N. 88. 26' 51" E., A DISTANCE OF 60.00 FEET TO THE EAST RIGHT-OF-WAY LINE OF S.W. OTH STREET; THENCE N. 01 33' 09"'. W. ALONG SAID FAST LINE OF S.W. OT11 STREET, A DISTANCE OF 1,640.00 ]FEET TO THE NORTHWEST CORNER OF LOT 12, BLOCK 20 OF SAID "LAKE BOYNTON -ESTATES PLAT 1"; '1'IIL:Nt'1; N. 1111 26' 13" 1.., ALONG THE NORTTI LINT: O1' SAID BLOCK 20, A DIS'T'ANCE OF 250.00 FEET TO THE NORTHWEST CORNER OF LOT 7 OF SAID HLOCK 20;. TIIENCi; S. 01 33' 09" E.., A DISTANCE OF 120.0 FEET TO THE SOUTHWEST CORNER OF SAID LOT 7;. :THENCE N. 8U 26' 13" E., A DISTANCE OF 50.0 FEET TO THE SOUTHEAST CORNER Or SAIDLOT7; TIIENCE S. 01 33' 09" E., A DISTANCE Of 170.0 FEET TO THE NORTHWEST CORNER OF LOT 6, BLOCK 211,OF AFORESAID "LAKE BOYNTON ESTATES PLAT 2"; THENCE N. 88 26'1!3" E., A DISTANCE OF 50.00 FP:11T TO THE NORTHEAST CORNER OF SAID LOT 6; THENCE S, 01 33' 09" it„ A DISTANCE OF 120.00 FEST TO THE SOUTHEAST CORNER ;OF SAID LOT 6; IIIiNCIi N. UU 26" 13" E. ALONG THE NORTH LINE OF THE SOUTII ONE - is 112) OP BLOCKS 21 AND 22 OF �SAIO "LAKE BOYNTON ESTATES PLAT 2", A DISTANCE OF 1,150.75 FEET TO THE SOUTHWEST CORNER Or LOT 6, BLACK 23 OF SAID "LAKE BOYNTON .ESTATES, PLAT IN; THENCE N. 01 34' 16" W. ALONG THE WEST LINE OF BLOCKS 23, 18A, 18 AND 13A, A DISTANCE OF 710.00 FEET TO THE NORTHWEST CORNER OFLOT 3, BLOCK IU 01' AFORESAID *LAKE BOYNTON ESTATES, PLAT. 1".;. THENCE EASTERLY ALONG TIED N-R'Tll LINE. OF SAID LOT 3 ALONG THE ARC. OF A CIRCULAR CURVE TO TIIL LEFT HAVING A RADIUS OF 390.36, A CHORD WHICH BEARS N 04 44' 58" E., A CENTRAL ANGLE OF 07 21'.32', AN ARC DISTANCE OF 50.54 FEET TO THE NORTHEAST CORNER THEREOF; THENCE N. 111 34' 16" W., A DISTANCE OF 186.70 FEET TO THE SOUTHEAST CORNER UP LOT 3, BLOCK 11A OF SAID "LAKE BOYNTON ESTATES, PLAT 1"; TIIENCE. S. 00 26' 13" W., AI DISTANCE OF 50;.00 FEET TO THE. SOUTIIWES'1' CORNER OF LOT 3; THENCE N. 01 34' 16" W. ALONG THE WEST LINE 01' SAID LOT 3, A DISTANCE OF 110.00 FEET TO THE NORTHWEST CORNER THEREOF; THENCE' F.ASTEZ1Y ALONG THE NORTH LINE OF LOTS 1, 2 AND 3 OF SAID BLOCK IIA, ALONG THE ARC OF A CIRCULAR CURVE TO THE LEFT, IIAVING A I RADIUS' 01' 352.92' F£E'T� AND WHOSE RADIUS POINT BEARS N. 01 34' 16" W. ,, HAVING A CENTRAL ANGLE OF 25 09' 00", AN ARC DISTANCE OF 154.93 FEET TO THE NORTHEAST CORNER OF SAID LOT 1 AND THE EAST LINE IOF SAID SECTION 29; THENCE S. 01 34' 16" E. ALONG SAID EAST LINE' OFSECTION 29, A DISTANCE 01' 3,023.49 FEET TO THE POINT OF BEI,GINNING 3 A 730 Ni TF(" Cl COURT OF I i it. 15TH JUDICIAL ciRcui,r, IN. i#Nij FOR PALM BEACH CUUNTY, PLURID14 CASE NO: 86-3661 (CL) A FLURIDA BAR NO: 005419 TRAUEWIINDS DEVELUPMENT';, CORPORATION, by its agent, KERAN J. KILDAY, Plaintiff, vs. THE CITY OF F.UYNTON REACH, Defendant. ---- ------------ -- ------- ---- STIPULATION AND SCTTLEMENT AGREEMENT TRADEWINDS DEVELOPMENT CORPORATION and THE CITY OF 60 VN 1Ur-1 8LACH, by and through their undersigned attorneys, after � settlement approval by the City Council of THE CITY OF BOYN,rQN L4 E A C 14, hereby stipulate and agree as follows: 1. TRADEWINDS DEVELOPMENT- CORPORATION, (hereinafter ref erred to as "TRADEWINDS") is the developer of a parcel ,:,f property la.-cated in the City"of Boynton beach, Florida. .2. In January, 1986, TRADEWINDS submitted an appill catic--n to the CITY OF DOYNTON BEACH (hereinafter referred to as the "CITY") to vez.--wis a parcel of property from R -1A (single farm l�y residential) and R-3 (multi -family residential) t a Plarinled Unit Development. This application and property shall be r-Wforred t..-, hervir, as the "Woolbright Place P.U.D.". 3. Or, March IE3, 1966, the CITY denied TRADCWINDS appl i1cat i. --.r# to re:one the "Ws.--olbright Place P.U.D.11. 4. As a result of the City's denial, TRADEWINUS filed 'A C.:mplaint f.:.t* Writ of Certiorari against the CITY on April 1'/, 198C, which is the subject matter, of this stipulation. S. In addition, ors April 1, 1986, TRADEWINDS submitted an -10PILCAtiOn t-,:- the CITY to rezone & parcel of property frcnm 14 - la uIr.912 fal.131Y rus.1dential), R-3 Oaulti-fara&ly residential) t,--. a Planned C.:.('11.100c I A I Deve I -:.prnent (P.C.D.). This property and application shall be t as the "W,;+:,1 bright Center P. C. D. EXHIBIT "A" 731 b. \ 'by this .,ppi scat iorr, THHUE:WINUS also s•:•e.egr,t a cher-qu ire the City's a:rolte ehen: ive lard use plan. 7. The We:e1:el br•i ght Center P. C. U. application pr•ogvessed r� thr,:-u 11 the Planning and Z•:-ming Commissions and the various board cc•restderatioris necessary under the City's ordinance. The woe:e l,br' 1 gh t Center P.C.D. application was eventually scheduled fetor Brea>l consideration before the City Council on July 14-ol* 1986. S. At the c•:-reclusiore of the hearing on July 14, 1986, the. City Ci:-urecii voted to postpone and table consideration of the W.:--:l,br• ► ght Center- P.C.D. application until the litigation of the W-:-•:,llbright Place P.U.D. application was terminated. S. Subsequent thereto, on September 3, 1986, the City ve)ected a c mpr•ehensive settlement offer road* by TRADEWINDS to the City. TRADEWINDS treated the rejection of its settlement offer• by the City Council as a denial of the Woolbright Corot at, P. C. D. appl icat ie?re and or, September 19, 1986, TRADEWINDS f i led an additional Writ of Certiorari in this action to include tho denial ::f the Woolbright Center P.C.D. application. On October- 7, 19c36, the CITY again considered the P.C.D. application and v,:-ted L to 2 to deny it. It:t. Subsegment thirvoto, on October 24), 1966" TRADEWINDS, by and thr,oug:h its attor•reey, submitted' a compe•ehensive settlement proposal to the city settling all matter's ire controversy and litigation between the City -arid TRADEWINDS. The settlement proposal was contained in a Iettar, dated August aO, 1986 from F. Martin Perry, attorney rof- TRADEWINDS DEVELOPMENT CORPORATION, to Kirk Friedland, special city attorney to THE CITY OF BOYNTON PEACH. A copy of said letter along with the enclosures thereto is attached hereto 4616 ExhxUit "A" andis specifically incorporated herein by vefor•erece. 11. On or about October 21, 1986, the City Council of THE C11'Y OF BOYNTON GGACH hold a regularly scheduled meeting at which time i t c-:•ns i dered the sett 1 ererent proposal. l.i. At that t ante, a Motion was made to accept the .et t t!✓raent pe C•pr.sal ,is Lt f.:•rth Ire the Octc•bet• 21e, 1961G• IC•ttvo al•:•r.yl with the additi r--1 ,e:yeairerneret that the two-, -:-mt-parcal•� Lee tnci•.eded ire thi. W•.:.lbrt4]tet tremor P.C.D. and that they be linutecl 732 fr.r rse by a barrkirig inatitutIon arid a qua 11ty sit d.:w restaurant. Further, the use of the out parcels f.ar a fast f r -est aur -ant with drivcr-irr windows was expressly pv,ohIbitad. A transcript of that part cof the meet my dealing with thra settlement pr^oposal is attached hereto as Exhibit "b" arrd is specifically incorporated herein by reference. ti 13. The City Council by a 3 to c vote accepted the sett Iement proposal as set forth in the October, 20, 1986 letter- fr•:•n TRADEWINDS along with the additional requiromwnts that the tw•_ :.rft-parcels be included in the P.C.D. and that they be IIrrrlltad for use by a banking institution and a quality sit down r-esl' a+want. Fur^thee, tho use of the out parcels for a fast fc-od restaurant with drive-in windows was expressly prohibited. 14. The Motion by the City Council to accept the settlement proposal along with the additional r-equir^eroents c.•rrcer-ming the two out -parcels was in •*%once a counteroffer of set't1ement. The ter•ros of said counteroffer were expressly agreed t arid accepted by TRAAL:WINDS through its counsel at the October, ::1,11986 meeting as evidenced by the transcript of said meeting. 15. As such, TRADEWINDS and the CITY hereby accept avid agr'Ie to the terms of the letter dated October, 20, 1986 from F. i'lar•ties Per-r•y to Kirk Friedland, attached hereto as Exhibit .A", arr Iamended by the motion. 16. TRADEWINDS and the CITY hereby accept and approv& thel master, plan attached to the above refevv,ed letter, and identified as that certain roaster plan prepared by Kilday and Ass,l:•ciates bear-ing drawing number, 85-34, last revised on October 17. TRADEWINDS shall be required and. agrees to irrclr.tde irr the Wt••:.lbrlyht. Center- F.C.D. the two out -parcels and to limit tmc-11r• $.rse fov, a banking institution and a sit down quality r Net.+vr ant. Vom*thor-, tho use of the out par -cels for w tat.t f•_••:d r•eslt<,•.u•ant with dr-ive-in wind•:•ws is her-e.by exp►•essly pr-ohibited. 18. F•:•r- pr.rr-p•,�r;s of clar-ificatiorr and c:.r.venier,ce, the ter•.ls set fov,th 1r. the Oct•_ber^ 1986 letter frc•m F. Martin. G er•I�r•y r. ,_. Niru 1=r•i r= d 1. a r.r 1, anrf ac)r^Qed to herein, ar^e as f•:,l Iow.: 3 733 N. �_jLL-kILHf PLAL:L P. U. G. he mat.Ltrt• ��► ,r, attar.hecl r,er•et•:, arid appr,:•ved by the parties retlects: 1. A total of 5Z0 dwelling units located ,:,r. 85.11876 acres which eq,raates to a gross density of 6.04) dwel l ing units per acre. c. A detached tringle family housing tract corisistirig of 71) single fancily dwelling units, a sand pine Pit, eser•vatl,an area and a .76 acre open space/passive recreati.,n areal wrapped around that portion of Lake Boynton Estates which borders the north property line of Tradewinds. 3. A 4.5 acre lake, single family homes, and a %arid pi rse pileservat ion area as well as a 50 foot barmad, fenced b,afrat, area between Palm beach Leisurevillo Homes lying adjacent to the S.W. 8th Street right-of-way and Tradewinds proposed , ,ani t+.;. 4. The recoAfiguration of S.W. filth Str&vt tr, crurate a T intersection within the P.U.O. 5. The multi -family housing, which will be 1 imi ted t,:, two and three story condominiums, is substantially separated by single family homes from the single family homes in Leisurevilie and Lake Boynton Estates. B. INDUSTRIAL ACCESS ROAD AND NEW RAILWAY ,.1 CROS'SING: The industrial access road and new railway crossing shall be located as recommended by Tradewinds traffic c•:•r,batltarrts, Murray-Oudack and Associates and Barton-Aschman & Assc,clates, as reflected on the attached roaster plan. the •, railil'oad crossing at Ocean Drive shall be closed. TRAOEWINDS shall withdraw its .,bjections to Mrs. Winchesterws coraprehcnsivc plan, araerndraent application fr.,r the road and the crossing. C. WOOLHR I GNT CENTER G. C. D.: There shall be a t.:•tal _-f 1990)(;11•i square feet consisting of 173,404) square feet of ret a i 1 arid 26,01:00 sgvar•e feet of office park. This reprecent r, sq -tare feet ,:,r P.C.D. on 29.64 acres which equates t,-, 15.4% sate c"vr:•rnge. D. CONDITIONS OF APPROVAL OF P.C.D. arid P. U. b. : 1. TRADEWINDS shall be b•:,ur,d only by the -w• U; r, Strcrt c^•_•rr id •r Hir]t1way Reg,•tir•ewents, Fair Share Impact 4 Ii I 734 Peres and Conclusions sc•t f-:,r•th on pages 25--:-8 inclusive of the Traffic Impact Analysis Hep•:.rt on the overall Woolbright Road - S. W. 8th Street Pv,:.jikts prepared on April 1, 1386 by Daniel N. M•.,rray, P. E. and of'l -_that* applicable ordinances of the City .:•f Eoyrrt.:.n beach relating to the development of the sits. 2. This stipulation and settlement agreement sha'iiI be s•Abject only tc• the conditions in the Murray—Dudeck r•ep'i:rt as described hereir+, and all other applicable ordinances of ,the City for development of the site. In this latter respect, Tr4dewirids acknowledges that the City cannot bind palm Beach Co,.rinty as to its Fair Shan• Traffic Impact Fee Ordinance and that Tr•AIyewind3 shall be subject to the County's implemontation of that o►•dzranco. 3. The City agrees to supplement arrd/•:u- ame'r.d the City's Comprehensive Plan Amendments and evaluation and App raisal report which have been _sent,to the Department of Community Affairs with appropriate documentation to reflect the agreements contemplated herein. 4. Tothe extent that ordinances may he r•eq�.iir•ed to implement any of these actions, the City agrees t•:. pr•ePare and adapt any and all ordinances necessary to implement the terms :.f this settlement. E. The parties agree to seek art -Girder from the G:.,tvt confirming and ratifying the agreement. The Court shall rat .Irn jurisdiction over this matter and the parties to insure that both partiesr adhere to the terms of this stipulation and settlement agreement. F. Tr•adewinds agrees that it will: 1. Reimburse the City for any and all atta,Y*neys fees and expenses it has incurred in conjunction with I the pending litigation within ten (irk) days of the receipt of an ir.v,.rce subsequent to the kPl-rc.val of the P.U.D. as contemplated her•t+i n. Deliver a full and complete release f --:-m Trader.,►nds, its .:-fficer-s, dIrectors, stockholders, empl•:yeres ar,ui, agents and rePI'L—L-tat Ives as to any ar.d all action*. .:r C J 735 t at- .:pro which it :.r they rosy .16 against the l ity •nd/•.r any of its -ofricials, s!rrpl�:�yees, c�nsrlltar�ts and/:r agents a,risinil OUt of the W.U.D. applications. This shall be delivered to the City upon Tradewinds receipt of the r•eq}risita executed ordinances of approval" and site plavi approval in conformity herewith. The releases shall be held in escrow by the Under•sigried and delivered to the City in accordance with this nrav}si:.n. A proposed fc-rm► is attached hereto as Exhibit "C". 3. Deliver a full and complete release fr:•ra Tradewinds, its officers, directors, stockholders, surpl:-y*es ar�d/r• agents and representatives as to any and all actions ,_r cai.rses of actic-n which it or they may have against the City and/•;.r, any of its officials, employees, consultants and/or agents arising .:.-.rt V.C.D. applications. This shall be delivered to the City 1.rp:.n Tradewinds receipt of the requisite executed ordinances :f approval and site plan approval in conformity herewith. The release shall be hold in escrow by the undersigned and delivered to the City in accordance with this provision. A proposed forrn is attached hereto as Exhibit "D". G. The approvals contemplated herein as to the G:,erpr; ehensive Plan Amendment and the P.C.D. shall be subject Only t•:. the successful review of Ahe Comprehensive plan Amendments by thio Department of Community Affairs. Kir-k,Fried1and, Esquire F. Martin perry i Assoc., P.A. Att*eney for Defendant, Co -Counsel for Plaintiff, Tne City of Boynton Beach Tradewinds Development Corp. Flagler Center, Suite 505 515 North Flagler Drive 51:11 S.:,.rth Flagler Drive Suite 701, Northbridge Centre West (Palm E♦each, FL 32401 West palm Beach, FL 32401 and i~r: � t `o_ �t �C Klein b Beranek, P.A. kK FRIEDLAND SQUIRE Attorney* for Plaintiff, r eys Tradewinds Development Cc,r•p. Flagler Center, Suite 503 501 South Flagler Drive IN THE CIRCUIT COURT OF THE 13TH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NOs 86-3661 (CL) A TRADEWINDS DEVELOPMENT -Z. CORPORATION, by its agent, KERAN J. KILDA.y, " Plaintiff, c vs. THE CITY OF BOYNTON BEACH, 14 40 Defendant. ---- ----------------- Y Ci ^_-_ -ORDER APPROVING SETTLEMENT AGREEMENT THIS CAUSE came on to be heard on the Joint Motion for Order Approving Settlement Agreement filed by TRADEWINDS DEVELOPMENT CORPORATION and THE CITY OF BOYNTON BEACH, and after considering said Motion, the Stipulation and Settlement Agreement filed herein, and the parties having agreed hereto, it is ORDERED and ADJUDOED1 1. That the Settlement Agreement entered into betweewi the Plaintiff, TRADEWINDS DEVELOPMENT CORPORATION, and the Defendant, THE CITY OF BOYNTON BEACH, is hereby approved, confirmed and ratified. A copy of the Stipulation and Settlement Agreement is attached hereto as Exhibit "1" and is specifically incorporated in this Order by reference. 2. The Plaintiff, TRADEWINDS DEVELOPMENT CORPORATION, and the Defendant, THE CITY OF BOYNTON BEACH, are hereby ordered to comply with the Settlement Agreement. 3. This Court retains jurisdiction of these proceedings and the parties to enforce the terms of the Settlement Agreement.rolls. DONE and ORDERED at West Palm B ach, Palm B ch Court y, Florida this _ a:�-6d of ,- __� 1966. CIRCUIT E Copies furnished: Kirk Friedland, Esquire John Beranek, s e 501 South Flagler Drive Klein & Barane P.A. Suite Sus, Flagler Center• 501 South Flag or Drive West Palm Beach, FL 33401 Suite 503, Flagler Center West Palm Beach, FL 334UI F. Martin Garry & Associates, P.A. 515 North Flagler Drive Suite 701, Northbridyr: Centre West Palm beach, FL 33401 a yJ EXHIBIT "B" 737 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT OF FLORIDA, IN AND FOR PALM BEACH COUNTY. CASE NO. 86-3661 (CL) A TRADEWINDS DEVELOPMENT CORP., by its agent, KIERAN J. KlLDAY, Plaintiff, VS. THE CITY OF BOYNTON BEACH, Defendant. ORDER This cause came on for consideration upon the Petitioner's Motion to Compel Compliance with Settlement Agreement and the Court considering the evidence adduced, hearing argument of counsel and being fully advised in the premises and noting that the instant proceedings have not been stayed although there is presently an appeal pending in the Fourth District Court of Appeal, it is thereupon CONSIDERED, ORDERED AND ADJUDGED that the Court grants the Motion to Compel Compliance with Settlement Agreement made by the Petitioners. The Defendant City shall proceed with the re -zoning process pursuant to the Stipulation of the parties and shall adopt ordinances relative to the Planned Unit Development in conformity with the Settlement Agreement. The ordinances shall be scheduled for reading as required by City Charter forthwith. The City of Boynton Beach shall file the Comprehensive Plan Amendment regarding the relevant portion of the Planned Commercial Development no later than thirty (30) days from the date of this Order utilizing the documentation the Petitioner provides within that time period. The Court notes that the Department of Community Affairs may have its own demands which, if not complied with, may prohibit the Defendant City from proceeding to ultimate conclusion in its re -zoning process. Should the Department of Community Affairs indicate ,its approval of the Comprehensive Plan Amendment, the City shall then adopt ordinances relative to the Planned Commercial Development inconformity with the Settlement Agreement. The ordinances shall be scheduled for reading as required by the City Ch.,it,r at that time. Ea;.,,', ch, S4-telca.,nt AF;ricc,ne, to require Plaintiff- to submit to new hearings and new voting g -procedures approving the art.lir, tl,n1:. which were thv sub.jvct of tho Svttlement At•tvemvnt would render it meaningless. The City shall, therefore, comply forthwith with EXHIBIT "C" 738 all remaining` terms of the Settlement Agreement. 1DONE AND ORDERED at West Palm Beach, Palm Beach County, Florida, this — day of 1987. ttu h� M. Ttub irk CIRCUIT JUDGE Copies furnished: Kirk Friedland, Esq., 501 S. Flagler Drive, Suite 505, West Palm Beach, F1. 33401 F. Martin Perry, Esq., 515 N. Flagler Drive, Suite 701, West Palm.Beach, Fl. 33401 John Beranek, Esq., 501 S. Flagler Drive, Suite 503, West Palm Beach. Fl. 33401 Terrall K. Arline, Esq., -325 -Clematis Street, Suite B. West Palm Beach. F1. 33401 Louis L. Williams, Esq.. P..O. Box 3887. West Palm Beach, Fl. 33402 I,N THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT JANUARY -TERM 1989 CITY OF BOYNTON BEACH, ) a Florida municipality, ) JOSEPH MOLINA and LAKE ) BOYNTON ESTATES HOMEOWNERS ) NOT FINAL UNM TIME fixPIR� ASSOCIATION, INC., ) TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. Appellants, ) V. ) CASE NOS. 88-3097 and 89-0503. TRADEWINDS DEVELOPMENT ) CORP., a Florida cprp., ) ) Appellee. ) Decision filed June 7, 1989 Consolidated_ appeals of a non - final order from the Circuit Court for Palm Beach County; Edward Rodgers, Judge. Fred W. Mattlin, Gregg W. McClosky and David M. Beckerman of Mattlin, �cClosky & North, Boca Raton, for Appellant -City of Boynton Beach. Terrell K. Arline of Terrell K. Arline, P.A., Palm Beach Gardens, for Appellants -Joseph Molina and Lake Boynton Estates Homeowners Association, Inc. Stephen N. Zack of Floyd Pearson Richman Greer Weil Zack & Brumbaugh, P.A., Miami, F. Martin Perry, West Palm Beach, and John Beranek of Klein, Beranek & Walsh, P.A., West Palm Beach, for appellee. h 740 HERSEY, C.J., GLICKSTEIN and DELL, JJ., concur. -2- 741 7__ 7 ORDINANCE NO. 89- 39 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, ADOPTING THE 1989 CITY OF BOYNTON BEACH COMPREHENSIVE PLAN, PROVIDING FOR THE AUTHORITY FOR THE ADOPTION OF THE COMPREHENSIVE PLAN; PROVIDING FOR THE PURPOSE AND INTENT; PROVIDING FOR THE ADOPTION OF THE 1989 BOYNTON BEACH COMPREHENSIVE PLAN; PROVIDING FOR PREEMPTION OF THE COMPREHENSIVE PLAN OVER LESS RESTRICTIVE DEVELOPMENT, REGULATIONS; PROVIDING FOR REPEAL OF ORDINANCE NO. 79-24 AS AMENDED, AND FOR REPEAL OFOTHER LAWS IN CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING AUTHORITY TO CODIFY; PROVIDING FOR EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, Section 163.3161, et. seq., Florida Statutes (1988), is entitled the Local Government Comprehensive Planning and Land Development Regulation Act; and WHEREAS, Section 163.3167, Florida Statutes, requires each City in the State of Florida to prepare and adopt a comprehensive plan; and WHEREAS, the City of Boynton Beach is required to adopt the 1989 City of Boynton Beach Comprehensive Plan, pursuant to the provisions of Section 163.3184(7), Florida Statutes; and WHEREAS, the City Commission of the City of Boynton Beach, Florida, has provided for the broad dissemination of proposals and alternatives, opportunity for written comments, public hearings after due public notice; provisions for open discussions, and consideration of and response to public comments concerning the provisions contained in the proposed 1989 Comprehensive Plan for the City of Boynton Beach, Florida; and WHEREAS, data, information, documents, and drafts of each of the Comprehensive Plan elements or sub -elements were continually disseminated in a timely manner to the public; and WHEREAS, Chapter 19 of the Code of Ordinances of this City designates the Planning and Zoning Board as the Local I 1 742 7 1 Planning Agency for the City, and sets forth the duties and responsibilities of said Local Planning Agency; and WHEREAS, the Planning and Zoning Board held public hearings on the proposed 1989 Plan after due public notice and considered the recommendations of citizen participation efforts at those public hearings and written and verbal communications of all interested parties, and recommended the submittal of the proposed 1989 Comprehensive Plan to the Department of Community Affairs; and WHEREAS, the City Commission of the City of Boynton Beach held public hearings on the proposed 1989 Comprehensive Plan after due public notice and considered the comments and recommendations by the public, and recommendation of the Planning and Zoning Board, and upon thorough and complete consideration and deliberation, approved the proposed 1989 Comprehensive Plan for transmittal to the Department of Community Affairs, pursuant to Chapter 163.3184(3) and Chapter 9J-11, Florida Administrative Code; and WHEREAS, the City received the Department of Community Affairs "objections, recommendations, and comments report" dated September 11, 1989, which was the Department's written review of the proposed 1989 Comprehensive Plan; and WHEREAS, subsequent to receipt of the "objections, recommendations and comments report" the City Commission informed the public of the objections, recommendations and comments of the Department of Community Affairs and provided direction to staff for the preparation of the final Comprehensive Plan; and WHEREAS, the Department of Community Affairs' "objections, recommendations and comments report" was available to the public at the Planning, Zoning Department; and WHEREAS, City staff held meetings with the staff of the Department of Community Affairs, and other governmental 2 743 agencies to review the submitted plan elements and discuss concerns during the agency review of that submitted plan; and WHEREAS, the City Commission held public workshops to review the written comments submitted by the Department of Community Affairs as the "objections, recommendations, and comments report" and to evaluate the recommendations of the citizens and staff; and WHEREAS, the City Commission of the City of Boynton Beach held public hearings after due public notice; reviewed the written comments by the Department of Community Affairs as the "objections, recommendations, and comments report"; and reviewed all other written or oral comments submitted by members of the public and governing agencies; and WHEREAS, the City Commission of the City of Boynton Beach finds that the proposed 1989 Comprehensive Plan to be adopted by this Ordinance complies with the requirements of the Local Government Comprehensive Planning and Land Development Regulations Act and Chapter 9J-5, Florida Administrative Code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. Authority. This Ordinance is adopted in compliance with, and pursuant to, the Local Government Comprehensive Planning and Land Development Regulation Act, Section 163.3184, et. seq., Florida Statutes, and Chapter 9J-5, Florida Administrative Code. Section 2. Purpose and Intent. A. It is hereby declared that the purpose and intent of this Ordinance is to preserve and enhance the existing quality of life; encourage the most appropriate use of land, water and resources consistent with the public interest; address current problems which have occurred because of the use and development of land; and deal effectively with 3 744 , future problems which may occur as a result of the use and development of land. Through the implementation of the 1989 Comprehensive Plan and those elements adopted herein by this ordinance, it is the intent of the City Commission of the City of Boynton Beach, Florida, to preserve, promote, protect and improve the public health, safety, comfort, good order, appearance, convenience, law enforcement and fire prevention, and general welfare; to prevent the overcrowding of land and to avoid undue concentration of populations; to minimize urban sprawl; to encourage the development and redevelopment of our coastal community; to ensure that the existing rights of property owners be preserved in accord with the Constitutions of the State of Florida and of the United States; to plan for and guide growth and development within the City by providing greater specificity and certainty in the land planning process, by preparing a financially feasible plan, by establishing a concurrency management system, by providing for appropriate minimum levels of service for the necessary public facilities to accommodate existing populations and future growth, by coordinating local decisions relating to growth and development, and by insuring consistency with the state, regional and county comprehensive plans. B. The provisions of the elements adopted by this Ordinance are declared to be the minimum requirements necessary to accomplish the aforesaid stated intent, purpose, and objectives of this Ordinance; and they are declared to be the minimum requirements to maintain, through orderly growth and development, the character and stability of present and future land use and development in this City. Nothing in this plan is to be construed to limit the powers and authority of the City Commission of the City of Boynton Beach to enact ordinances, rules or regulations that are more restrictive than the provisions of this Plan. 4 745 I , 6 C. Nothing in this Comprehensive Plan, or in the land use regulations adopted consistent with its requirements shall be construed or applied so as to result in an unconstitutional temporary or permanent taking of private property or the abrogation of validity existing vested rights. Section 3. Adoption of Comprehensive Plan. A. Pursuant to the Local Government Comprehensive Planning and Land Development Regulations Act, Section 163.3184, et. seq., Florida Statutes, the City of Boynton Beach hereby adopts the 1989 Comprehensive Plan of this City, consisting of the following elements: Future Land Use, Housing, Utilities (which includes the sub -elements of Sanitary Sewer, Potable Water, Solid Waste, Drainage, and Natural Groundwater Aquifer Recharge), Conservation, Recreation and Open Space, Traffic Circulation, Coastal Management, Intergovernmental Coordination, and Capital Improvement. Section 4. Preemption. In the event that the 1989 Comprehensive Plan is more restrictive than existing development regulations, the provisions of the 1989 Comprehensive Plan shall prevail. Section 5. Repeal of Laws in Conflict. Ordinance No. 79-24, as amended, is hereby repealed. In addition, all other laws and ordinances in conflict with any provisions of this ordinance are hereby repealed. Section 6. Severability. If any section, paragraph, sentence, clause, phrase, or word of this ordinance is for any reason held by the Court to be unconstitutional, inoperative or void, such holding shall not affect the remainder of this ordinance. Section 7. Authority to Codify. Authority is hereby granted to codify said Ordinance. 9 746 Section 8. Effective Date. The provisions of this ordinance shall become effective immediately upon passage. FIRST READING THIS /7-11-1day of October, 1989. SECOND AND FINAL PASSAGE this -1�4 day of 4Le;0heA 1989. ATTEST: City erk (Corporate Seal) Commissioner 6 747 ARTICLE IV. USE REGULATIONS Sec. 1. Operational Performance Standards. All existing and subsequently considered uses of property including residential and home-based businesses located within the city shall conform to the operational performance standards set forth below, and shall be constructed, maintained and operated so as not to differ from what is considrered common within the immediate area and not noticeable to a degree it represents a nuisance or hazard to the normal senses of persons, and animals on adjacent or nearby properties or rights-of-way; or to interfere with the reasonable use or enjoyment of adjacent or nearby property by reason of noise, vibration, smoke, dust or other particulate matter; toxic or noxious matter; odors, glare, heat or humidity; radiation, electromagnetic interference, fire or explosion hazard, liquid waste discharge, or solid waste accumulation. Furthermore, no use shall be carried out so as to create any nuisance or hazard which is a violation of any applicable federal, state, county, or city law or permit, and all such laws and permits are hereby adopted as performance standards in these zoning regulations. A. Noise. No use shall be carried out in any zoning district so as to create sound which is in violation of City Code of Ordinances Part 11, Section 15-8. Any use wherein floorshows or other forms of entertainment consisting of one (1) or more persons, amplified or non -amplified sound, are provided indoors or outdoors, including but not limited to entertainment provided by a disc jockey (DJ), master of ceremonies (MC), karaoke, or the like shall be subject to the Live Entertainment Permit requirement of Part 11 (City Code of Ordinances), Chapter 13, Article IV, Section 13-80. B. Vibrations. No use shall be carried out in any zoning district so as to create inherently and recurrently generated ground vibrations which are perceptible without instruments at any point at or beyond the property lines of the property on which the use is located. C. Particulate Matter. No use shall be carried out within any zoning district so as to allow the emission of smoke, dust, dirt or other particular matter which may cause damage to property or vegetation, discomfort or harm to persons or animals, or prevent the reasonable use and enjoyment of property and rights-of-way, at or beyond the property lines of the property on which the use is located. Furthermore, no use shall be carried out so as to allow the emission of any substances in violation of any federal, state, county or city laws or permits governing the emission of such substances. D. Odor. No use shall be carried out in any industrial district so as to allow the emission of objectionable or offensive odors or fumes in such concentration as to be readily perceptible at any point at or beyond the boundary of industrial districts. For all non -industrial districts, the standards contained in this paragraph shall apply where the district abuts any residential district. E. Toxic Matter, No use shall be carried out in any zoning district so as to allow the discharge of any toxic or noxious matter in such concentrations as to cause damage to property or vegetation, discomfort or harm to persons or animals, or prevent the reasonable use and enjoyment of property or rights-of-way, at or beyond the property line of the property on which the use is located; or to contaminate any public waters or any groundwater. F. Fire and Explosions. No use shall be carried out in any zoning district so as to create a fire or explosion hazard to adjacent or nearby property or rights-of-way, or any persons or property thereon. Furthermore, the storage, use, 748 or production of flammable or explosive materials shall be in conformance with the provisions of City Code of Ordinances Part 11, Chapter 9. Co Heat, Humidity, and Glare, No use shall be carried out in any zoning district so as to produce heat, humidity or glare which is readily perceptible at any point at or beyond the property line of the property on which the use is located. Artificial lighting which is used to illuminate any property or use shall be directed away from any residential use which is a conforming use according to these zoning regulations, so as not to create a nuisance to such residential uses. 1. Liquid Waste. No use shall be carried out in any zoning district so as to dispose of liquid waste of any type, quantity, or manner which is not in conformance with the provisions of City Code of Ordinances Part 11, Chapter 26, or any applicable federal, state, or county laws or permits. 2. Solid Waste. No use shall be carried out in any zoning district so as to allow the accumulation or disposal of solid waste which is not in conformance with City Code of Ordinances Part 11, Chapter 10, or which would cause solid waste to be transferred in any manner to adjacent or nearby property or rights-of-way. 1. Electromagnetic Interference. No use shall be carried out in any zoning district so as to create electromagnetic radiation which causes abnormal degradation of performance of any electromagnetic receptor of quality and proper design as defined by the principles and standards adopted by the Institute of Electrical and Electronics Engineers, or the Electronic Industries Association, Furthermore, no use shall be carried out in any zoning district so as to cause electromagnetic radiation which does not comply with the Federal Communications Commission regulations, or which causes objectionable electromagnetic interference with normal radio or television reception in any zoning district. Sec. 2. Hazardous/Toxic Waste and Substances. A. Fire Department Hazardous Material Disclosure Form. Prior to the issuance or renewal of a business tax receipt in the city, the operator of any use that uses, handles, stores, displays, or generates hazardous materials, hazardous waste, or a toxic substance, as the same are defined in 40 Code of Federal Regulations, Part 261 or the Florida Substance List as set forth in Rule 4A-62.004, Florida Administrative Code, and requires a permit for same from a state or federal agency, or requires periodic reporting to a state or federal agency, shall be required to file a Fire Department Hazardous Material Disclosure Form in accordance with City Code of Ordinances Part 11, Chapter 9, Article dill, Section 9-122. B. Spill Containment System. The operator of any such use shall be required to design and construct, prior to occupancy, an appropriate separate spill containment system to hold spilled hazardous materials for cleanup, independent from the storm water drainage system, along with an appropriate early warning monitoring program. 749 The containment system and monitoring program shall be a type which is generally acceptable to the Florida Department of Environmental Regulation and the South Florida Water Management District, and shall serve all structures or areas where hazardous materials are used, handled, stored, or displayed, or where hazardous wastes are generated. C. Depressed Truck Wells. Depressed truck wells which are utilized by users of hazardous materials and generators of hazardous waste shall provide a drainage system which shall be designed and maintained to include oil and grease receptors, and open bottom sedimentation pumps as pollutant retardant structures. Such systems shall be designed so as to prevent pollutants from entering surface waters and groundwater. Parking areas and driveways adjacent to truck wells shall be designed to divert runoff to storage and exfiltrations systems on-site, prior to discharge into surface waters or storm sewers. D. Hazardous Materials Response Plan. Those using, storing, displaying, or generating hazardous materials, hazardous waste, or toxic substances shall develop hazardous materials response plans prior to the operation of such uses, which shall require the approval of the Fire Marshal, This plan shall identify appropriate measures for contamination response including, but not limited to: 1. Contamination Response. Provision of equipment and trained personnel on-site or a contract with a contamination response firm meeting Florida Department of Environmental Regulation standards, where 2. Water Quality Monitoring. Specification of follow-up water quality monitoring programs to be implemented in the event of contamination; 3. Containment. Specification of design and operational measures to contain and direct contaminated surface runoff away from lakes, ponds, canals, drainage structures and/or other connections to the surficial aquifer; 4. Early Warning Monitoring Program. Specifications for the development and implementation of an early warning monitoring program; 5. Cleanup Cost. Proof of financial responsibility which will assure that cleanup costs can be provided; 6. Permits, A copy of the permit issued by or application for permit to the governmental agency or agencies responsible for permitting the handling, storage, display, or generation of the particular hazardous materials, hazardous wastes, or toxic substances. Where only periodic reports are required to be supplied to such agencies, copies of these reports shall be provided to the Fire Marshal; and 7. Miscellaneous. Where the information required under 1. through 6, above is required as part of the Information required for permitting by or reporting to governmental agencies responsible for regulating hazardous materials or hazardous wastes, this information shall be considered sufficient for the purpose of this section. (Ord. 10-025, passed 12-7-10) 750 Sec. 3. Use Regulations. A. General. Except as otherwise provided in this article, regulations governing the use of land and structures are hereby established as shown in the following use matrix (Table 3-28). The use matrix is intended to classify uses on the basis of common functional characteristics and land use compatibility. The use matrix indicates eligible zoning districts for the various uses based on the exact nature of the use, and detailed requirements which specify permitted uses or any additional application requirements, as well as additional standards (see "Notes and Restrictions" of Section 3.E, below) that may be necessary to justify and establish each use. B. General Rules of Use Matrix. The following general rules are applicable to the use matrix: 1. Business Activity. All business activity and uses shall be conducted within a fully enclosed building, and on the same property, unless otherwise specified. External use of property, or use of abutting rights-of-way for accessory use, may require approval as described in Chapter 2 and/or from entities having jurisdiction over the subject rights-of-way. Although building and site regulations would not apply (i.e. minimum setbacks, minimum lot standards, maximum lot coverage, etc.), the accessory use or activity proposed off the premises must comply with the use regulations and performance standards, as well as all associated site development standards, building codes, and applicable approval requirements of any outside entity having jurisdiction. 2. Terms. Whenever the word "district" is used, it is construed to mean zoning district. 3. Column Headings in Title Block. a. The major column headings in the title block of the use matrix (i.e., residential, commercial, mixed use, industrial, and miscellaneous) are further defined in Chapter 1, Article 11, Definitions. b. The regulations of each zoning district (e.g., R-1-AAB, R -1 -AA, etc.) shown in the title block of the use matrix are described in Chapter 3, Article III, Zoning Districts and Overlay Zones. 4. Fire Department Hazardous Material Disclosure. Any use which uses, handles, stores, displays, or generates hazardous materials, hazardous waste, or a toxic substance, as defined by 40 Code of Federal Regulations, Part 261 or the Florida Substance List as set forth in Rule 4A-62,004, Florida Administrative Code, shall require Fire Department Hazardous Material Disclosure in accordance with City Code of Ordinances Part 11, Section 9-71. 5. Drive -Through Facilities. Drive -up, drive-through, and drive-in facilities require conditional use approval unless otherwise specified. The facility, including the stacking lanes, must not be visible from public rights-of-way where located within the SMU district, MU -L1 district, MU -1_2 district, and MU -1_3 district. Furthermore, these facilities are prohibited in the MU -H and PID districts for all establishments listed under the "commercial" and "public & civic" use groups. See Chapter 4, Article VI, Section 3Y. for additional standards regarding queuing and vehicular stacking. 6. Distribution of Narcotics and Other Controlled Substances. a. Purpose and Intent. These Regulations are in connection with the mass effort to discourage the misuse and abuse of narcotics and other controlled substances such as pain medications, and the impacts upon land uses that 751 are associated with businesses that would operate principally to dispense pain medications for chronic pain but without the services of typical medical offices that provide thorough on-site examinations, medical treatments or procedures, and continued medical oversight. Such businesses have been determined to be associated with the excessive use of, addictions to, and subsequent illegal sales/distribution of addictive controlled substances. b. Applicability. This section applies to all medical, professional and business offices, clinics, and any other use or establishment that dispenses narcotics and other controlled substances. Such uses shall be subject to the following: (1) On-site dispensing of controlled substances that are identified in Schedule 11, 111, or IV in F.S. §§ 893.03, 893.035 or 893.036, is prohibited, unless otherwise expressly permitted by statutory or general law. The following are exempt from this prohibition: (a) A healthcare practitioner when administering a controlled substance directly to a patient if the amount of the controlled substance is only intended to treat the patient during that particular treatment session. (b) A pharmacist or health care practitioner when administering a controlled substance to a patient or resident receiving care as a patient at a hospital, nursing home, ambulatory surgical center, hospice, or intermediate care facility for the developmentally disabled which is licensed in this state, (c) A health care practitioner when administering a controlled substance in the emergency room of a licensed hospital. (d) A health care practitioner when administering or dispensing a controlled substance to a person under the age of sixteen (16). (e) A healthcare practitioner when dispensing a one-time, seventy-two (72) -hour emergency resupply of a controlled substance to a patient. c. Enforcement. (1) Law enforcement officers shall, in connection with their duties imposed by law, diligently enforce the provisions of this section and may issue citations, arrest and arrest with warrant persons acting in violation of this section. (2) Law enforcement officers shall have the authority to seize, confiscate and impound any substance, or other article which, upon probable cause, they find to be used or possessed in violation of this section. (3) The city may prosecute violations by issuance of notices to appear for violation of a city ordinance, in which case, the penalty for a violation shall be as follows: (a) First violation - $100.00; (b) Second violation within twelve (12) months of adjudication of first violation - $500.00; and 752 (c) Third violation within eighteen (18) months of adjudication of first violation - $1,000.00. Each calendar day on which a violation exists shall constitute a separate violation for the purpose of determining the fine. (4) A violation of this section may be prosecuted as a nuisance. The City Attorney may bring suit on behalf of the city, or any affected citizen may bring suit in his/her name against the person or persons causing or maintaining the violation, or against the owner/agent of the building or property on which the violation exists. Relief may be granted according to the terms and conditions of Chapter 15, Article 8 of the City of Boynton Beach Code of Ordinances and/or F.S. Chapter 60. (5) Any person convicted of violating any of the terms or provisions of this article or any code, requirements, or standards adopted hereby shall be subject to the penalties as provided in Chapter 1, Section 1-6 of the City of Boynton Beach Code of Ordinances. In addition, the city may use any equitable or legal remedy available at law to enforce any violation of the terms or provisions of this section. 7. Prohibited Use of Public Parking Spaces. Major and minor motor vehicle or boat repair, including oil changes, adding of oil or lubricants, and installation of new tires, is prohibited in public parking lots or spaces, and commercial parking or loading areas and is declared to be a public nuisance. Commercial property owners engaged in the sale of motor vehicle or boat parts, oils, or lubricants, shall post notices within their premises in close proximity to check out counters or exit doors notifying customers of this prohibition. Violations of this provision of the code is subject to enforcement through code enforcement action, nuisance abatement action, municipal ordinance violation, or action for injunctive relief. Law enforcement officers are authorized to issue notice to appear for violation of this section. 8. Essential Services and Infrastructure. Essential services and infrastructure as defined in Chapter 1, Article 11 are allowed in all zoning districts, contingent upon meeting all city codes and regulations. Additional regulations and standards, such as landscaping or other types of screening, may apply on a case-by-case basis as determined by the Director of Planning and Zoning. 9, Miscellaneous. It should be noted that each use category may contain additional limitations or restrictions. Please refer to the definitions (see Chapter 1, Article 11), the applicable zoning district regulations in Chapter 3, Article III, and the supplemental regulations in Chapter 3, Article V. C. Use Matrix Legend, Uses regulated herein are classified in one (1) or more of the following categories: 1. "P" - Permitted Uses. A permitted use is allowed by right within a zoning district provided that all development regulations are met. A permitted use must be conducted on a site in order to have accessory or ancillary uses on that site. Uses identified with a "P" on the use matrix are permitted by right in the district, subject to compliance with 1) accompanying use footnote(s) number(s), which directly corresponds with Section 3.E, below; and 2) any other applicable requirements prescribed by these Land Development Regulations. 2. "C" - Conditional Uses. A use that because of special requirements or characteristics may be allowed in a particular zoning district but only with conditions as necessary to make the use compatible with other uses permitted in the same zone or vicinity. Uses identified with a "C" on the use matrix are allowed in the zoning district, 753 subject to compliance with the following: 1) accompanying use footnote(s) number(s), which directly corresponds with Section 3.E. below; 2) standards for evaluating conditional uses in accordance with Section 4 below; and 3) any other applicable requirements prescribed by these Land Development Regulations. 3. "A" - Accessory Uses. A use that is customarily incidental to the principal use. Uses identified with an "A" on the use matrix are permitted as an accessory use to a permitted principal use in the district, subject to compliance with the following: 1) accompanying use footnote(s) number(s), which directly corresponds with Section 3.Em below; and 2) any other applicable requirements prescribed by these Land Development Regulations. The nature of the principal use will determine the use review authority required to review and approve the accessory use. Accessory uses, unless otherwise provided, shall be located on the same premises as the principal use. 4. Vacant Box. A vacant box that contains no symbol signifies that the use category is not allowed within the corresponding zoning district. D. Use Matrix (Table 3-28). . P - Permitted R- ' ' ' C Conditional R-1- I- I- R_ R IPUD PUD MHP C_ C_ C-3 C-4 PCD MU MU_ M U_ MU_ MU_ M_ PID PU REC A Accessory AAB AA A 1 3 1 2 1 2 3 4 C I .......................... RESIDENTIAL & LODGING ..... .......... ..... ....... .................... .... ...... ....... ...... ..................... ..................................... Accessory P P P P P P P P Dwelling Unit 36 36 36 36 36 36 36 36 Bed & Breakfast C C C C C C C 37 37 37 37 37 37 37 Dwelling, Single- family (detached) P P P P P P P P P P Dwelling, Two- family (duplex) P P P P P P P P C Dwelling, Multi- P family (including P P P P P P 34 P Townhomes) 6 6 6 27 Dwelling Units in P P P Mixed Use P P P P P 6 6 27 Buildings 6 6 6 Group Home Type 1 (2 per room up P P P P P P to 10 residents, 40 40 40 40 40 40 limited service) Group Home Type 2 (2 per room up 14 C C to 14 residents, 40 40 40 limited service) Group Home Type C C C C P P C C C C 3 (comprehensive 14 40 40 40 40 40 40 40 40 40 service) 40 Home Based p p p P P P p P P P p P P Business 34 34 34 34 34 34 34 34 34 34 34 34 34 Hotel & Motel P P P P C C C C P P P 41 41 41 41 41 41 41 41 41 41 41 P P P P P P P Live -Work Units 42 42 42 42 42 42 27 Manufactured Home P COMMERCIAL Retail Sales Art, Book, Craft, Hobby, Music, P P p P P p p P p P A A Sporting Goods, & 18 1 P p 43 P 10 17 17 17 17 17 28 20 20 Toys 17 43 754 P=Permitted R-1- R R R- R- R- MU- MU- MU- MU- MU- M- C = ConditlonaI 1- 1- IPUD PUD MHP C-3 C-4 CBD PCD SMU PID PU REC A=Accessory AAB AA A 1 2 3 1 2 1 2 3 4 C 1 P P Auto Dealer, New 14 14 P 16 16 44 44 44 P P Auto Dealer, Used 14 14 P 16 16 44 44 44 Automotive Parts P P P P P P P P P P P Store 17 17 17 17 17 23 27 P Beer, Wine, & P P P P P P P P P 15 Liquor Store 35 35 35 17 17 17 17 17 17 27 35 35 35 35 35 35 35 A A Boat C 16 16 Dealer/Rental 45 45 45 P P P P P P P P P P P P P A 20 Brewpub 2 58 58 58 58 17 17 17 17 17 17 58 27 20 21 58 58 58 58 58 58 58 58 58 58 Cleaning Supply Store (swimming 1 P P P P 17 17 17 17 17 22 28 Pool, Janitorial) Clothing & P P P P P P P P P Accessories 18 1 P P P P 10 17 17 17 17 17 28 17 30 P Convenience 2 2 P P P P P P P P P P P 15 Store 3 3 3 3 7 35 17 17 17 17 1 17 22 27 8 35 35 35 35 35 35 35 35 11 35 35 35 35 Cosmetics, Beauty P P P P P P P P P supply, & Perfume 18 1 P P P P 10 17 28 30 Electronics & P P P P P P P P P P P P 28 Appliance Store 1 10 14 14 14 17 22 30 P Florist P P P P 17 17 18 8 1 17 17 17 17 22 27 P Furniture & Home P P P P P P P P P 2 furnishing 18 1 P P P P 10 17 17 17 17 17 22 28 30 C C Gasoline Station C C C C 16 16 46 46 46 46 46 46 P C P P P P P Grocery Store P P P 10 17 17 17 17 17 27 17 47 47 47 47 P P P P P P P P P P Hardware Store 2 P P 48 P 17 17 17 17 17 17 22 27 48 48 48 48 48 48 Health & Personal Care (Eyeglass, P 18 P P P P P P P P P P P P P P Medical Supplies, 17 17 17 17 17 17 22 27 Hearing -Aids) 68 Home P P Improvement P P 10 16 27 Center 16 49 Jewelry, Luggage, P P P P P P P P P & Leather Goods 18 1 P P P P 17 17 17 17 17 17 28 Marine 1 P P P P P 17 17 17 17 17 P P Accessories 50 17 50 50 50 50 50 22 28 Merchandise, New P p P P (Supercenter, 10 16 16 755 P=Permitted R-1- R_ R- R- R- R- C- C- MU- MU- MU- MU- MU- M- C = Conditional - 1- AAB 1 2 3 IPUD PUD MHP 1 2 C-3 C-4 CBD PCD SMU 12 3 4 C 1 PID PU REC A=Accessory AA A Discount.. ............. ............ ............. ............ ............ ............. ............ ............ ............ ............. ............ ............. ............. ............ ........._27......................... Department, Club) 51 Merchandise, P P P P P P P P P P P P P Used (Antique 18 1 52 52 52 52 17 17 17 17 17 17 27 Shop) 52 52 52 52 52 52 52 52 52 Merchandise, P p P P Used (Other) 53 53 53 152753 Micro -Brewery, C C C C C C C C C C C Micro -Winery, 104 104 104 104 15 17 17 17 17 17 104 Micro -Distillery 104 104 104 104 104 104 Mobile Vending P P p p P P P P P P p P Unit (MVU) 54 54 54 54 54 54 54 54 54 54 54 54 P Multiple- Vendor p p P 15 Market 55 55 55 27 55 Novelty, Gift, P A Souvenir, & P P P P P P P P P P 1 P P A 20 Miscellaneous 18 1 17 17 17 17 11 17 27 20 21 P P Nursery, Garden 2 P P P 3 Ctr. & Farm Supply 3 3 3 3 22 56 56 56 56 56 Office Supplies & P P P P p P P p P p p P Stationery 1 17 17 17 17 17 17 28 Pet Store & P P P P p P P P P P P P P Supplies 18 1 17 17 17 17 17 17 28 P Pharmacy & Drug 1 P 2 P p p 17 17 17 17 17 17 15 Store 57 57 57 57 57 57 57 57 57 57 57 57 27 57 P P P P P P P P P A A Restaurant 18 A 2 P P p P 17 17 17 17 17 17 P 27 20 20 58 58 58 58 58 58 58 58 58 58 58 58 58 58 58 58 21 58 A Restaurant, Take- P 2 P P P P P P P P P P P P P A 20 out 18 B 2 17 17 17 17 17 17 59 28 20 21 Showroom p warehouse (single- 10 P P P product line) 0 100 100 100 Specialty Food P P P P P P P P P P 2 P P Store 18 2 11 27 C C Tap -room C C C C C 14 14 C C C 16 16 16 16 16 27 P P P Tile and Carpet P P 10 17 17 17 17 22 24 17 28 COMMERCIAL Services Auto Broker P p p P P p P P C C C Auto/Car Wash A 60 60 60 A (Polishing, Waxing, 60 C C C 60 Detailing) 60 60 60 Auto/Car Wash, C C C Self- serve Bay P P P P Automobile Rental 61 61 61 16 16 16 16 61 61 61 61 Automotive, A C p C P A Minor Repair 62 62 62 62 62 62 756 P= Permitted R- R- R -M- C =Conditional 1- 1- IPUD PUD MHP C-3 C-4 CBD PCD SMU PID PU REC A=Accessory AAB AA A 1 2 3 1 2 1 2 3 4 C 1 Automotive, Major Repair Automotive Window Tinting/Stereo Installation/ Alarms Bar & Nightclub Caterer Check Cashing Coin- operated Laundry Crematorium Day & Trade Labor Pool (Temporary Help) Dry Cleaner Fortune Teller, Palm Reader, or Psychic Funeral Home Interior Decorator Studio Landscaping Debris Stockpiling Locksmith Mobile Vending Unit (MVU) Personal Care (Beauty, Hair, Nails) Pet Care (Boarding and Daycare) Pet Care (Grooming) Pet Care (Veterinary Services) Photography Studio Postal/Mail Center Rental of Moving Vehicles & Equipment Repair/ Maintenance, Personal and Household Goods Repair, Rental, & Maint of P 1 8 P 2 8 66 P 18 P 54 P P 18 8 68 68 P 18 P P P P P P P P P P P P P 17 17 17 17 17 22 P 3 P 13 P P 71 63 A P P C 12 P P 64 64 64 64 64 26 C C C C C C14 C 14 C C C 16 16 16 16 16 27 P P P P P 22 C P P P P 65 65 65 27 P P P P P P 1 P P P P 17 17 17 17 27 P P P C 13 P P P 2 P P P P P P P P P P 22 27 66 66 66 66 66 66 66 66 66 66 66 66 66 P 22 P P P C C C C C 3 3 3 16 16 16 P P P P P P P P P P P P 11 11 11 11 11 11 22 P C 10 3 P P 1 P P P P 22 P P P P P P P P P P P P P P P 54 54 54 54 54 54 54 54 54 54 54 54 54 54 P P P P P P P P P 1 P P P P 17 17 17 17 17 17 22 27 68 68 68 68 68 68 68 68 68 68 68 68 68 P C C C C 69 69 69 69 69 16 16 16 2 27 2 69 69 69 69 69 P P P P P P P P P P P P P 17 17 17 17 17 17 22 27 P P P P P P P P P P P P P P 16 16 16 16 16 16 22 27 P P P P P P P P P P P P P P 18 17 17 17 17 17 17 22 27 P P P P P P P P P A1 P P P P 16 16 16 16 16 16 22 28 70 70 70 70 70 70 70 70 70 70 70 70 70 70 A A P P P P P P P P 1 P P P P 17 17 17 17 17 22 P P P P P 71 71 12 A 3 67 P P 54 54 A A 20 20 757 Q R- dDOlfionditional 1- R- IPUD PUD MHP C C C-3 C-4 CBD PCD SMU MU- M- PID PU REC AA AAB 1 1 A =Accessory AA. A 2 2 3 1 2 1 1 2 2 3 3 4 4 C 1 Repair., Rental; & ..._........ ........ .............. ..... ................. ...... .......... .......... ... ................ ....... ..............P........P.... . . .... ......... . . .............. ....... ...... .., Maint of Office, P P P P P 10 17 P........ 17 P 17 P........ 17 P P Home Equip 17 18 1 Travel Agency 1 P P P P 17 17 17 17 17 17 22 27 19 19 Tuxedo, Formal Wear, Costume P 1 P P P P P 17 P 17 P 17 P 17 P 17 P 17 P 27 Rental Videos, Games & P P P P P P P P P P P P DVD Rental 1 14 14 14 27 OFFICE & HEALTH CARE Bank and Financial P P P P P P P P P P P P 27 Office 1 16 16 16 16 16 16 31 Business or P P P Professional 18 P P 18 P P P P P P P P P P P 28 Office 19 8 19 73 73 73 73 73 73 22 31 Call Center P P P P 5 P 5 5 5 5 5 5 13 29 Contractor P P P P P P P P Copying, Printing, P P P P P P P P P P P P P P and Sign Design 2 17 17 17 17 17 17 22 P Counseling P 1 P P P P 16 16 16 27 16 16 16 22 31 Diet/Nutrition P P P P P P P P P Center P 1 P P P P 17 17 17 17 17 17 22 27 31 Hospital P 72 Information and P P P P P P P P Data Processing 1 29 Investigative P P P P P P P P P P P P P P 27 Service 8 1 16 16 16 16 16 16 22 31 P Manufacturer P P 24 Representative 1 1 P P P P P P 28 31 P P P 14 14 14 P Medical Care or 10 10 10 14 Testing (I n- 1 1 1 10 1 patient) p 10 10 10 102 2 2 2 Medical or Dental P Imaging/Testing/ P 1 P P P P 16 16 Support Services 16 16 16 16 22 27 31 Medical or Dental P P P Laboratory 13 29 Medical or Dental P Office (Out- P P P P P P P P P P P P P 27 patient) 1 16 16 16 16 16 16 22 31 Real Estate 1S P P P P P P 27 Business 18 P P P P P 16 16 16 16 16 16 19 19 31 Social Service C C Agency 74 74 P P Temporary P Employment P P P P P P P P P P P P 27 Agency 16 16 16 16 16 16 31 ARTS, ENTERTAINMENT& RECREATIONAL Adult C C C 13 P Entertainment 75 75 75 75 75 758 P=Permitted R-1- R R R- R- R- C- MU- MU- MU- MU- M- C = Conditional 1- 1- IPUD PUD MHP C-3 C-4 CBD PCD SMU PID PU REC A=Accessory AAB AA A 1 2 3 1 2 1 2 3 4 C 1 Artist Studio P P P P P P P P P P P P P P A A 18 18 76 76 76 76 76 76 76 76 76 76 20 20 Arts Campus P P P 18 18 18 Entertainment, P 11 11 11 P P 22 P A Indoor 1 P P P P 11 11 11 27 21 77 14 14 14 77 Entertainment, C C Outdoor 78 78 Gym, Fitness & 18 P P P P 10 11 11 11 P P P Health Club 19 11 14 14 14 11 11 27 Indoor Athletic P A Instruction/ 18 1 P P P P 1 1 P P Training 19 1 4 14 14 1 21 P P P P P Marina, (including P P 11 11 11 11 11 Yacht Club) 79 79 79 79 79 79 79 P P P P Museum 18 18 P 18 Rentals, Recreational P P P (bicycles, canoes, P P P P P 11 11 14 11 14 11 14 P 11 P 11 A 21 personal SO 80 80 watercraft) Shooting Range, P Indoor P P P 4 29 Sightseeing & P P P P P P P P P P P P Scenic Tours 81 81 81 81 81 81 11 11 11 11 11 11 81 81 81 81 81 81 P P P P P P P P P P Theater 18 18 P P P P 11 11 11 11 11 11 20 18 82 82 82 82 82 82 82 14 82 14 82 14 82 82 82 82 82 PUBLIC & CIVIC USES A A A A A A A A Cemetery 3 3 3 3 3 3 3 3 P 83 83 83 83 83 83 83 83 C C C C Church 33 33 33 33 CC P P P 15 84 84 84 84 84 15 15 15 Civic & Fraternal C C C Club/ P P C 14 14 14 P Organization 3 3 15 15 15 15 3 Government, Municipal Office/ P P P P P P P P P P P P P P P P P P P P P P P P Emergency/ Civic 85 85 85 85 85 85 85 85 85 85 85 85 85 85 85 85 85 85 85 85 85 25 Facilities Government, Municipal Utility/ P Support Facilities P Government, P P P P P P P 24 Non -Municipal P p 1 P 1 1 5 P P 5 5 5 P 25 P Office Facilities 1 1 5 1 5 5 86 86 86 86 86 86 86 28 31 86 Government, Non- Municipal Utility/ Support p Facilities Government, Post Office C C C C C C C P EDUCATIONAL College, Seminary, P P P University p p C C 15 15 15 p 759 P=Permitted R-1- R R R- R- R- MU- MU- MU- MU- MU- M- C = Conditional 1- 1- IPUD PUD MHP C-3 C-4 CBD PCD SMU PID PU REC A=Accessory AAB AA A 1 2 3 1 2 1 2 3 4 C 1 C C C C C C P C P P P P P P P Day Care 33 33 33 33 87 87 8 C C C C C 87 11 11 11 11 11 11 22 87 87 87 87 87 14 14 14 School, Industrial P P & Trade C 22 26 School, Primary C C C C C C P P P and Secondary 33 33 33 33 25 P School, P P P P P P P 24 Professional & P P P P P 26 Technical 18 18 15 15 15 15 15 27 31 P Tutoring and P P P P C C P 24 Testing Centers P P P P C P 11 11 11 11 11 11 22 27 31 INDUSTRIAL Manufacturing, Fabrication & Processing Bakery, C P P Commercial 9 9 26 C P P Beverage Mfg 9 9 26 Brewery, Winery, C P P Distillery 9 9 26 Converted Paper P P Product 13 26 Processing Dairy Products C P P Mfg 9 9 26 Electrical Equipment, P P Appliance & 13 26 Component Assembly C P P Food Processing 9 9 26 Footwear& Other P P Leather Products 23 26 C P P Frozen Food 9 9 26 P P Furniture Products 23 26 P P Glass Products 23 26 Ice Cream & C P P Frozen Dessert 9 9 26 Jewelry Mfg P P 23 26 Medical Equipment & P 23 P 26 Supplies Metal, Fabricated P P Products 23 26 Motor Vehicle P P Seating & Interior 23 26 Trim Ornamental, China, Fine P P Earthenware, & 23 26 Pottery Paint, Coating & P P Adhesive 23 26 Pharmaceutical & P P Medicine 23 26 760 P=Permitted R-1- R R R- R- R- MU- MU- - C = ConditlonaI 1- 1- IPUD PUD MHP C-3 C-4 CBD PCD SMU MU- MU- MUM- PID PU REC A=Accessory AAB AA A 1 2 3 1 2 1 2 3 4 C 1 Plastic Products Rubber Products Soap & Toiletry Sporting Goods and Toys Stone cutting & finishing Textile Products Wood Products INDUSTRIAL Storage, Distribution & Wholesale Trade Packing & Shipping, Trucking, and Moving Storage, Boats/ Motor/ Recreational Vehicles Storage, Self - Service Warehouse, Internet Sales Warehousing Wholesale Trade INDUSTRIAL Services Boat Repair Carpet and Upholstery Cleaning Services Contractor's Workshop Dry Cleaning Plant Exterminating and Pest Control Glass and Mirror Janitorial and General Cleaning Lawn Maintenance & Landscaping Service Publishing & Commercial Printing Radio & TV Broadcasting A 89 P 90 P 94 P P P P P P 95 95 95 95 95 95 P P 23 26 P P 23 26 P P 23 26 P P 23 26 P P 23 26 88 88 P P 23 26 P P 23 26 P P 13 29 P A 13 89 89 P 90 P P 26 P P 23 26 P P 23 26 P 13 91 P P 22 26 P C 23 29 93 93 P P 13 26 P P 3 26 13 P P 23 26 P P 13 26 P 13 94 P P 23 26 P P 29 95 95 761 A A 89 89 C C C C 5 5 5 5 11 11 11 11 90 90 90 90 P P 23 26 P P 23 26 P P 23 26 P P 23 26 P P 23 26 88 88 P P 23 26 P P 23 26 P P 13 29 P A 13 89 89 P 90 P P 26 P P 23 26 P P 23 26 P 13 91 P P 22 26 P C 23 29 93 93 P P 13 26 P P 3 26 13 P P 23 26 P P 13 26 P 13 94 P P 23 26 P P 29 95 95 761 P = Permitted R-1- R- R- R- R- R- C- C- MU- MU- MU- MU- MU- -M C =Conditional 1- 1- IPUD PUD MHP C-3 C-4 CBD PCD SMU PID PU REC A=Accessory AAB AA A 1 2 3 1 2 1 2 3 4 C 1 Recording Studio Rental/Leasing, Industrial & Commercial Equipment Repair/ Maintenance, Industrial & Commercial Equipment Research & Development, Scientific/ Technological Security Services Sewer/Septic & Waste Mgmt Cleaning Taxi, Limo, Charter Bus Testing Laboratory Towing, Motor Vehicle P P P P P P P 1 P P C P 1 98 98 98 98 98 AGRICULTURAL Community P P P P P P P P P P P P P P P P P P P P P Garden 99 99 99 99 99 99 99 99 99 99 99 99 99 99 99 99 99 99 99 99 99 E. Use Footnotes, 1m General Note, Grass floor area shall not exceed five thousand (5„000) square feet, 2, General Nate, The gross floor area shall not exceed ten thousand (10,000) square feet, P P 29 P 13 32 P 13 32 P P 96 29 96 P P 13 29 P C 3 4 13 26 97 97 P 3 13 98 P C 13 26 P 3 13 3, General Neste, Conditional use approval shall be required if located within one hundred (100) feet from a residential zoning district or mixed use zoning district, 4, General Neste, As a principal or accessory use, it is allowed if there is a minimum separation of three hundred (300) feet between such use and a residential zoning district. The distance shall be measured in a straight line from the property line of the subject use to the property line of the residential zoning district, 5, General Note, This use shall be prohibited on the first floor, or not visible from rights- of -way. 6, General Note, This use is subject to requirements of Commercial/Active uses on ground floor, a,Mixed-use projects within urban mixed-use zoning districts will meet the requirement for the commercial uses on ground floor by including commercial uses serving the general public such as retail, restaurants, bars, entertainment, personal services, and office, 762 b. Residential -only projects within MU -1, MU -2, and MU -3 zoning districts located within the Federal Highway District and the Heart of Boynton District (as defined by the CRA Community Redevelopment Plan) will meet the requirement for the active uses on ground floor by using recommended design features. 7. General Note. Shall exclude drive-through facilities. 8. General Note. Non-residential uses located in a PUD must serve the needs of the PUD and not the general needs of a surrounding area. Areas designated for commercial activities shall not generally front on exterior or perimeter streets, and shall be located centrally within the project. The only exception to these rules is when a residential mixed-use project would promote new urbanism design standards and helps to further sustainable initiatives. Such developments shall also be designed to further any applicable recommendations within the corresponding redevelopment plan. 9. General Note. a. All districts. The maximum size of a tasting room shall be less than 50% of the gross floor area for that establishment. No use shall be carried out so as to allow the emission of objectionable or offensive odors or fumes in such concentration as to be readily perceptible at any point at or beyond the boundary of the zoning district. See Chapter 4, Article V, Section 2.E for additional regulations pertaining to off-street parking requirements for tasting rooms. b. C-4 district. If proposed on a site that fronts on an arterial or collector roadway, the establishment shall be required to have an accessory commercial component (i.e., tasting room or retail showroom) to the operation, The size of the tasting room/retail showroom shall be at least ten percent (10) of the gross floor area or one thousand (1,000) square feet, whichever is greater. This minimum size requirement is not applicable to those establishments which do not front on an arterial or collector roadway. See subparagraph d, below for additional provisions pertaining to beverage manufacturing establishments. c. M-1 District. (1) An accessory commercial component (i.e., tasting room or retail showroom) shall be required for any establishment located on an arterial roadway. In all other instances, an accessory commercial component is optional. (2) No drive -up, drive-through, or drive-in facilities shall be allowed. (3) See subparagraph do below for additional provisions pertaining to beverage manufacturing establishments, d. Beverage Manufacturing. (1) A tasting room, retail showroom, and/or facility tours shall not be open to the public after 10:00 p.m., except Fridays and Saturdays, whereby it may remain open until 11:00 p.m. 763 shall be allowed. (3) No permanent food preparation is allowed on premises. 10. General Note. Buildings greater than eighty thousand (80,000) square feet shall require conditional use approval. Maximum footprint is one hundred twenty-four thousand (124,000) square feet. Building elevations shall be enhanced with appropriate design elements to break up wall expanses (i.e. articulation, windows, columns, varied rooflines, etc.). 11. General Note. This use shall be integrated into a mixed use building or development. 12. General Note. This use is allowed, but it shall not be located on a lot that fronts on an arterial roadway. 13, General Note. This use is allowed, but it shall not be located on a lot that fronts on an arterial or collector 14, General Note. The subject use is only allowed on a lot that fronts on an arterial or collector street as defined in Part III, Chapter 1, Article 11 of the LDP under definitions for "Street -Arterial" and "Street -Col lector". Except for those Medical Care or Testing (in-patient) ises that are required to have Conditional Use approval, such uses shall be limited to lots that front on an arterial roadway. 15. General Note. This use shall be integrated into a mixed-use building or development. It must not 1) occupy more than fifty percent (50%) of the gross floor area of any given building; and 2) exceed twenty percent (20%) of the gross floor area of the mixed use development. 16. General Note. This use shall be integrated into a mixed-use building or development. It must not 1) occupy more than fifty percent (50%) of the gross floor area of any given building or 2) exceed thirty percent (30%) of the gross floor area of the mixed use development. 17. General Note. a. All Mixed -Use Districts, This use shall be integrated into a mixed-use building or development, It must not 1) occupy more than fifty percent (50%) of the gross floor area of any given building or 2) exceed thirty percent (30%) of the gross floor area of the mixed use development. b. MU -1 district, MU -2 district, MU -3 and MU -4 district, The subject use is only allowed on lots fronting on arterial or collector roadways. 18. Cultural District Overlay, a. This use is allowed in this zoning district only when proposed on a lot located within the Cultural District 764 b. Schools. Professional and Technical schools allowed in the CDO are limited to those that teach the culinary 111191MUMEM 19, General Note. This use shall be prohibited on the ground level of buildings located on lots that front on Ocean Avenue located within the Cultural District Overlay, 21, General Note. This use is allowed as an accessory use to any city -owned and operated park facility. 22. General Note. This non -industrial use is allowed within the M-1 district, provided that it 1) is located within a multiple -tenant development on a lot that fronts on an arterial roadway; 2) does not exceed five thousand (5,000) square feet; 3) excludes a drive -up, drive-through, or drive-in facility; and 4) complies with all off-street parking requirements of Chapter 4, Article V. In addition, the sale of used merchandise is only allowed as accessory to the sale of new merchandise. 23. General Note. This use is only allowed on an arterial or collector roadway within the M-1 district provided that the building containing the use does not have frontage on or is in view of Congress Avenue or if the use contains an accessory commercial component to the operation which meets the following criteria: a. Location. The accessory commercial component shall be located within a building situated on a lot that fronts on an arterial or collector roadway; and b. Interior. An indoor showroom of at least two hundred fifty (250) square feet for retail sales shall be required for establishments twenty-five thousand (25,000) square feet or less. An indoor showroom area of at least one percent (1%) of the gross floor area shall be required for establishments greater than twenty-five thousand (25,000) square feet. 24. General Note. This non -industrial use is allowed within the PID district provided it is located on a lot that has a Commercial (C) land use option, 25. General Note. This non -industrial use is allowed within the PID district provided it is located on a lot that has a Governmental & Institutional (G&I) land use option, 26. General Note. This use is allowed within the PID, except that if proposed in Quantum Park, it shall be restricted to a lot that has an Industrial (1) land use option. 27. General Note. This non -industrial use is allowed within the PID district provided it is located on a lot that has a Mixed Use (MU) land use option fronting on an arterial roadway or on a MU lot with a development order that is not solely for residential development. 28. General Note. This non -industrial use is allowed within the PID district provided it is located 1) on Lot 3B of the Boynton Commerce Center PID; or 2) on a lot with a Mixed Use (MU) land use option fronting on an arterial roadway or on a MU lot with a development order that is not solely for residential development. 765 29. General Note. This use is allowed within the PID, except on lots that have either a Governmental & Institutional (G&I) or Mixed Use (MU) land use option. 30. General Note. If proposed on Lot 3B of the Boynton Commerce Center PID, it shall be required to have an on-site manufacturing component to the operation. 31, General Note. This non -industrial use is allowed within the PID district provided it is located on a lot that has an Office (0) land use option. No drive-through facility shall be allowed in connection with this use. a. Landscaping. All exterior (temporary) storage of equipment shall be adequately screened. Additional buffering may be required as recommended by the Director of Planning & Zoning to ensure compatibility. 3MEMM 33, Non -Residential Uses in Single -Family Residential Districts. The following applies to facilities to be located within zoning districts limited to single-family homes (R-1-AAB district, R -1 -AA district, R -1-A district, and R-1 district): a. Location. Along the following roadway types as designated in the City of Boynton Beach Comprehensive Plan: arterials and collectors. b. Minimum Lot size. One (1) acre for all non-residential uses, except for day care establishments, which shall be regulated in accordance with Section 3.D.87 below. c. Frontage. Except for day care establishments, a minimum frontage of one hundred fifty (150) feet for all d. Landscaping. A minimum buffer width of five (5) feet and a landscaping barrier shall be required for all parking and vehicle use areas, and outdoor recreation areas that abut single-family residential zoning districts, e. Design. Building design shall be consistent with surrounding residential styles. f. Separation. Distances between residential properties and outdoor play areas shall be maximized. 34. Home-based business. a. Home-based business shall be permitted subject to these specific regulations intended to preserve and residential neighborhoods, implement and enforcing applicable state laws. In order for any home-based business to be permitted or continue to be permitted, the following performance standards shall be agreed to in writing: W& (1) Compatibility. The business activity shall be secondary to the use of the property as a residential dwelling, and the residential character and integrity of the neighborhood must not be degraded by the business activity. As viewed from the street or abutting properties, the occupational activity on the property shall be consistent with the uses of the residential areas that surround the property. (2) Size. A home occupation shall only be conducted as a secondary activity using less than fifty percent (50%) of the principal dwelling and any approved accessory structures on the property. The principal house shall not be used for the business in a manner that prevents on a daily basis, the use of that space as it is intended for residential purposes, The garage may be used to support the business activity in lieu of its intended purpose as vehicle storage, if there remains capacity for the minimum required parking spaces for the house, on driveway surfaces designed and approved pursuant to City standards, Also, see item below regarding "Parking* requirements. (3) On-site Restrictions. The home-based business shall be conducted at the approved address only by residents of that dwelling unit and a maximum of two non-resident employees, Business activity involving Interaction with customers, clients, associates or the like, shall only be conducted within the principal structure. (4) Performance Standards. A home-based business shall operate in full compliance with requirements of the Land Development Regulations, Chapter 3, Article IM. Operational Performance Standards, In general, no equipment or process shall be used in a home-based business that creates fumes, glare, noise, odors, vibration, electrical interference, etc, which are -detectable to the normal senses off the property thereby creating a nuisance or hazard to neighboring residents. -In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises. The use, handling or storage of any corrosive, combustible, or other hazardous or flammable materials or liquids must comply with all applicable local, state or federal requlations. (5) Traffic. No parking shall be generated by a home-based business that would not normally be expected at a similar residence where no business is conducted. Any vehicle or trailer used to operate the business and stored/parked on the premises must be parked in designated parking spaces and not within the right-Of-way,on or over the sidewalk, or on any unimproved surfaces at the residence. This includes yard or landscaped areas and the drainage swale. Parking spaces on the property must be in compliance with the requirements for the respective residential use as indicated in of the Land Development Regulations. In addition, truck parking on the property must also maintain compliance with the requirements of the Code of Ordinances, Part 2, Chapter 14. (6) Storage. All storage of materials or supplies used in the home occupation shall not be visible from adjacent residential units or the street. The garage may be used for the storage of vehicles, materials and supplies that support the business activity, only if there remains capacity. for the minimum required parking spaces for the house, on driveway surfaces designed and approved pursuant to City standards. (7) Signage, No sign, display or any object used to advertise the business shall be placed in the yard or on any principal or accessory structure. (3) Parking. A panel, pick-up truck, van, or similar type of truck that complies with the requirements of Chapter 14 of Part II, Code of Ordinances and used principally for the subject home occupation, may be parked in a 767 residential zoning district. Any vehicle or trailer used to operate the business and stored/parked on the premises must be -parked in designated parking spaces and not within the right-of-way, on or over the sidewalk, or on any unimproved surfaces at the residence. This includes yard or landscaped areas and the drainages ale, Parking spaces on the property must be in compliance with the requirements for the respective residential use as indicated in the Land Development Regulations, Chapter 4, Articles V and V1, and applicable technical drawers. Such vehicles or trailers must be used by a resident of the premises, or other business operator and no more than one (1) such truck shall be located on the premises, (9). Miscellaneous. A home occuoation shall be subject to all business ax provisions defined in Part 11 of the City ode of Ordinances. 35, Alcoholic Beverages. Subject to the provisions of City Code of Ordinances, Part 11, Chapter 3, Alcoholic ZZMEM 36, Accessory Dwelling Unit. a. All districts. An accessory dwelling unit is allowed as an accessory use to any lawful non-residential principal use within a non-residential building. Such unit shall have a minimum living area of seven hundred fifty (750) square feet and limited to occupancy by the property owner or business owner/operator. b. M-1 district. This use is allowed as an accessory to any lawful self-service storage facility and which meets the prerequisites contained therein. 37. Bed & Breakfast. a. Generally, A bed & breakfast is a private owner occupied residence having more than three (3) and less than ten (10) guest units, which are subordinate and incidental to the main residential use of the building. Prior to the establishment and operation of a bed & breakfast, all required business licenses and health permits shall be obtained in compliance with all building, sign, sanitary and fire codes. Prior to the issuance of a business tax certificate, which shall be renewed annually, the city shall conduct an inspection of the property to determine compliance with the current requirements of the city's regulations, state building codes, and conditions of approval. 10111111111 (1) Common Area. Within each bed & breakfast establishment, a common area must be provided for a central dining area and for at least one (1) sitting/reading/discussion room. (2) Number of Rooms. The number of bedrooms and bathrooms are to remain unchanged unless modifications are necessary to comply with building, fire, and/or health codes. c. Miscellaneous. (1) Cooking. Except as hereinafter provided, there shall be no cooking facilities or food storage in any guest unit. Breakfast shall be the only meal provided for paying overnight guests. The breakfast meal shall not be served 768 after 11:00 a.m. (2) Maximum Stay. The maximum stay for each guest shall be fourteen (14) consecutive days and not more than fourteen (14) days during any forty-five (45) day period. The owner and/or manager shall maintain a guest book, which accurately identifies all guests for each night's lodging. This register of guests shall be available for city inspection during reasonable business hours. Check-in and check-out shall take place between 8:00 a.m. and 8:00 (3) Owner. The owner of the bed & breakfast establishment must reside on the premises. (4) Commercial. Commercial social activities and events and the sale of merchandise to non -guests are prohibited in the bed & breakfast establishment. (5) Kitchenettes. Existing kitchenettes within one (1) or more guest units are considered within the scope of this section and will not have to be removed. 40. Group Home. a. Group Home Type 1. Maximum persons per unit. Two (2) persons per bedroom, not to exceed 10 persons Including a resident caretaker or overseer. b. Group Homes Type 1 and 2. (1) Common Area. At least ten percent (10%) of the total floor area shall be devoted to a common area, exclusive of halls, corridors, stairs, and elevator shafts, wherein a variety of recreational or therapeutic activities may offlowl (2) Rooms. Residents' rooms or suites shall, in no case, have kitchen facilities available for the preparation of (3) Design. Pursuant to Chapter 4, Article III, Section 3.G.1, the appearance of a group home shall be residential in character and similar in appearance to the surrounding neighborhood. (4) Parking. See Chapter 4, Article V for application parking requirements. c. Group Home Type 2. 111301111111111111111 , 1!1 11 1pip;111 111111 i ; � si;11111;ii ;I i, 1 11111111,1111 1111111101"RIM (2) Conditional use approval is not required within a Planning Unit Development (PUD) if approved on the master plan or modified master plan. d. Group Home Type 3. 769 (1) PUD or Mixed Use Zoning District. Conditional use approval is not required within a planned development zoning district (ie. PUD or MU Zoning District) if approved on the master plan or modified master plan. (2) MU -1, MU -2, MU -3 and MU -4. Projects require a minimum of 60% of the dwelling units to be for independent living with full kitchen and bath facilities, and not require licensing by the State of Florida Department of Health. 41. Hotel & Motel (includes Extended -stay). a. SMU District. Hotels require conditional use approval. Motels are prohibited uses. b. MU -1 District, MU -2 District, and MU -3 District. Hotels require conditional use approval. Motels are prohibited uses. c. MU -4 District and MU -C District, Motels are prohibited uses. d. PID district. This non -industrial use is allowed within the PID district provided it is located on a lot that has a Hotel (H) land use option. 42. Live -Work Units. a. SMU District. This subsection provides for the use of residential structures to accommodate live/work opportunities. Live -work units shall be specifically designated on the site plan, and comply with the following standards and requirements. These provisions are not applicable to dwellings or occupations that meet the definition of home occupation, All respective site plan pages shall identify all proposed live -work units and buildings. Live -work units shall be tallied in the site plan tabular data, (1) Location. To minimize impacts to the greater neighborhood, units planned for live -work units shall be located at the perimeter of the residential project or along the project's principal roadway, and/or where possible, adjacent to perimeter/external rights-of-way. (2) Use(s): Non-residential uses that are permitted in live -work units are generally limited to professional service, business service, or tutoring services. A listing of common uses permissible in live -work units, subject to issuance of occupational license are located in subsection (16) below. No work activity shall be permitted that by virtue of intensity or number of employees has the potential to create impacts by reason of traffic, parking issues, hazardous materials, or excess waste. The following list identifies the permitted uses within designated live -work units, subject to processing through the city's business tax office: Addressing service/mailing list compiler Arbitrator, mediator services Cleaning services, maid, housekeeping, janitorial Commercial artist/design studio 770 Commercial photography Computer programming service Computer software development Data processing Direct mail advertising services Editing, proofreading, typing service Paralegal Party supplies, rental/leasing (office only, no storage on-site) Private investigator Recording service Secretarial service Boat broker (office only) Alteration, dressmaking shop, tailor Abstract and/or title company Accountant/income tax services Adjusters, insurance Advertising office Appraiser Auctioneer (office only) Author Business analyst 771 Calculating and statistical service Court reporting/stenographers Credit reporting Engineer's office Importer/exporter (office only) Insurance agency/bond office Interior decorating Loan company office Market research office Model agency Notary public office Public relations office Real estate sales/management office Travel agency Tutoring or instruction (academics, music, art) Art studio with ancillary sales (3) Floor Area. The minimum floor area of a live -work unit shall be one thousand (1,000) square feet. No more than seven hundred fifty (750) square feet of the live -work unit shall be reserved for living space, including kitchen, bathroom, sleeping, and storage areas. The remaining gross floor area of each unit shall be reserved and regularly used for sleeping space. (4) Construction. Each live -work unit shall be a separate unit from other uses in the building. The ground floor of all live -work units shall meet the Florida Building Code requirements for mixed occupancy buildings. Each unit, including the garage, shall be separated by walls from other live -work units or other uses in the building. (5) Accessibility. Buildings designated as live -work units shall provide universal accessibility to the front and to the interior space of the non-residential area of the live -work unit from the public sidewalk adjacent to the street. 11111111 � 1111rilitnivisin ;1!111�1� 1!111111111 ill! 1111111 1111,111111 1 may undertake business activities from said unit. At least one (1) resident of an individual live -work unit shall 772 maintain a current occupational license for a business located in that unit. Acknowledgment, in the form of an affidavit, of the employee limitation shall be made by the unit resident, at the time of application for an occupational license. The work area shall not be rented separately from the living spaces apply to projects within zoning districts that contain master plans approved for live -work units: (1) Floor Area. The minimum floor area of a live -work unit shall be one thousand (1,000) square feet. No more than seven hundred fifty (750) square feet of the live -work unit shall be reserved for living space, including kitchen, bathroom, sleeping, and storage areas. The remaining gross floor area of each unit shall be reserved and regularly used for sleeping spaces in the zoning district, except that in order to protect the health and safety of persons who reside in a live -work unit, no work activity shall be permitted that by virtue of size, intensity, number of employees or the nature of the operation, has the potential to create significant impacts by reason of dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration or other impacts, or would be hazardous by way of materials, process, product or wastes. (3) Construction. Each live -work unit shall be a separate unit from other uses in the building. (4) Accessibility. Access to each live -work unit shall be provided from common access areas, common halls or corridors, or directly from the exterior of the building. (5) Separation. Each live -work unit shall be a separate unit from other uses in the building. Access to each live -work unit shall be provided from common access areas, common halls, or corridors, or directly from the exterior of the building. (6) Miscellaneous. At least one (1) resident of an individual live -work unit shall maintain a current business tax receipt for a business located in that unit. No portion of a live -work unit may be separately rented or sold as a commercial space for a person or persons not living in the premises or as a residential space for a person not working in the same unit. No live -work unit shall singly be changed to exclusively commercial or exclusively residential use. No conversion of all live -work units in a single structure to exclusively residential use shall be permitted where the work portion of the units is the only commercial use in a project, nor shall conversion to exclusively commercial use be permitted where the live portion of the units is the only residential use in a project. 43. Art, Book, Craft, Hobby, Music, Sporting Good, & Toy Store. a. CBD District. Bait and tackle shops are permitted as an accessory use to marinas, including yacht clubs. b. PID district. This use is also allowed as an accessory use to an artist studio. 44. Auto Dealer, (New & Used). 773 a. C-4 district. Allowed only as a conditional use accessory to the repair or customizing of motor vehicles. No outdoor storage of vehicles for sale shall be permitted. b. MU -L3 district and MU -H district. (1) General. Indoor storage/display only and shall not exceed ten thousand (10,000) square feet. This use excludes automotive, minor repair, and auto car/ ash, Conditional use approval shall be required if all or a portion of the inventory is located within a parking garage/structure. (2) Access. Shall not be directly from any major roadway. (3) Storage. No outside storage of materials, parts, and vehicles. (4) Design. Pursuant to Chapter 4, Article III, Section 3.A.7, overhead doors shall not be visible from any major roadway frontage. (5) Loudspeakers. No exterior loudspeakers or paging equipment shall be permitted on-site. c. M-1 district. Allowed only as a conditional use accessory to the repair, manufacturing, assembling or customizing of motor vehicles. No outdoor storage of vehicles for sale shall be permitted. d. PID district. This non -industrial use is allowed within the PID district as a conditional use. Also, within the Quantum Park PID such uses are limited to lots with an Industrial (1) use option or lndustrial/R (with retail sales) option. Vehicle inventories must be stored/displayed indoors. A pre- existing business located on Quantum Park lots 77 through 80 is exempt from the requirements relative to conditional use approval, outdoor storage or display of vehicle inventories, and locating on lots with the "I" and "I/Retail" use options, 45. Boat Dealer/Rental. a. C-3 District. Boat dealer/rental, as a principal use, shall exclude the repair or service of vessels on the premises. No outdoor storage of boats shall be permitted. b. C-4 District. Conditional use approval shall be required if merchandise is to be stored outdoors. Outdoor storage areas shall be adequately screened from abutting properties and rights-of-way, with the exception that a single merchandise item may be visible from abutting rights-of-way. The display must be in combination with project signage, and the setback, landscaping and design of this site feature shall minimize the visual impact on the adjacent roadway. If any vehicle use areas are not separated by an intervening building and visible from an arterial roadway, right -of- way landscaping shall be in accordance with the City's Urban Landscape Code except that the width shall be at least 10 feet, it shall include a berm, and enhanced with additional plants selected and maintenance to facilitate, varying growth heights to provide some screening of the space between the hedge material and tree canopies. The landscaping required to represent "adequate" screening, as well as the appropriate design of the merchandise display feature and right-of-way landscaping shall be determined as part of the conditional use review EMEM 774 c. PCD District. Boat dealer/rental, as a principal use, shall exclude the repair or service of vessels on the premises. No outdoor storage of boats shall be permitted. Inventories must be stored/displayed indoors. d. MU -4 District and MU -C District. Boat dealer/rental is allowed as an accessory use to a marina but conditional use approval is required. No exterior loudspeakers or paging equipment shall be permitted on-site. Storage/display allowed only in wet docks or indoor not to exceed ten thousand (10,000) square feet. The sales, rental, service, repairs, and storage of marine trailers are prohibited. e. M-1 District. Allowed only as a conditional use accessory to the repair, manufacturing, assembling or customizing of boats. Outdoor storage areas shall be adequately screened from abutting properties and rights -of - am f. PID District. Required conditional use approval. Also, within the Quantum Park PID such uses are limited to lots with an Industrial (1) use option or Industrial /R (with retail sales) option. Inventories must be stored/displayed indoors. 46. Gasoline Station. a. All Districts. (1) Location. Gasoline stations, except where otherwise allowed by these regulations, are only allowed on properties located at three-way or four-way intersections involving arterial and collector road of rights-of-way as designated by the Comprehensive Plan, excluding local streets and alleys. Interchanges with 1-95 are included as eligible intersections. Eligible properties at an intersection with 1-95 include the first parcel directly west or east of the toe embankment of the 1-95 interchange. This may also be defined as the first parcel with frontage on and access from the arterial road that intersects with the 1-95 right- of -way. A maximum of two (2) gasoline stations shall be allowed at each intersection, except this limitation shall not apply to eligible intersections, as defined by this paragraph, that consist of an urban principal arterial roadway. The purpose of this exception is to maximize service potential during times of designated emergencies involving major storm events and power outages, particularly along or near evacuation routes, A convenience store with retail gasoline sales is considered to be a gasoline station and is, therefore, restricted to these location requirements. (2) Lot Size. Minimum lot size: thirty thousand (30,000) square feet. (a) Only one (1) access driveway is allowed from each major street frontage. Driveways shall be located a minimum of fifty (50) feet from the intersection unless county or state standards require a greater distance; and (b) Driveways shall be a minimum of thirty (30) feet and a maximum of forty-five (45) feet in width. (a) No canopy shall be located less than twenty (20) feet from any property line; and 775 (b) No gasoline pump island shall be located less than thirty (30) feet from any property line. (5) Storage, No outside storage of materials, parts, and no overnight storage of vehicles outside. (6) Design. Pursuant to Chapter 4, Article III, Section 3.G.4., all gasoline stations located on designated out - parcels to shopping centers, business centers, or other planned commercial developments shall conform in design to the approved design plan of the principal center. (7) Landscaping. See landscaping standards in Chapter 4. (8) Lighting, See lighting standards in Chapter 4. (9) Except for where otherwise approved on a master sign program, gasoline stations shall only be permitted to advertise on signage located within the property boundaries. (11) A station existing prior to amendment of these regulations that is located on a lot that does not conform to the property development regulations of the zoning district, as defined in Section 11 of this chapter, may be enlarged, expanded, reconstructed or restored without limitation based on percent of property value, as long as the magnitude of the non -conformity is not worsened by the improvement. b. C-2 District, C-3 District, and C-4 District. (1) Use(s) Allowed: A convenience store; auto/car wash, automotive, minor repair; and automotive window tinting/stereo installation/alarms are allowed as accessory uses to gasoline stations. (2) Setbacks. Except for properties located within the Urban Commercial District Overlay Zone, the following building setbacks shall apply to all structures on the property including the primary structure, or any accessory structures such as car washes or above -ground storage facilities. (a) Building front (and side corner) - 35 feet; (b) Building side - 20 feet; (c) Building rear - 20 feet; (d) Automated car wash. The entrance to an automatic car wash shall be setback no less than seventy-five (75) feet from the street in order to provide for an area of vehicular queuing (stacking). An accessory auto/car wash shall be fully automatic and recycle all water used in the car washing process. (3) Exceptions to requirement for location at intersections as stated above under section a.(1). When a gas station is accessory to a principal retail use and when all requirements applicable to the PCD District are satisfied. 776 c. PCD District. (1) Use(s) Allowed: A convenience store; auto/car wash, automotive, minor repair; and automotive window tinting/stereo installation/alarms are allowed as accessory uses to gasoline stations. (2) Setbacks. The following building setbacks shall apply to all structures on the property including the primary structure, or any accessory structures such as car washes or above -ground storage facilities. (a) Building front (and side corner) - 35 feet; (b) Building side - 20 feet; (c) Building rear - 20 feet; (d) Automated car wash. The entrance to an automatic car wash shall be setback no less than seventy-five (75) feet from the street in order to provide for an area of vehicular queuing (stacking). An accessory auto/car wash shall be fully automatic and recycle all water used in the car washing process. (3) Separation. No gasoline pump island shall be located less than two hundred (200) feet from any public right-of-way. (4) Exceptions to requirement for location at intersections as stated above under section a,(1). Uses within the PCD District shall not be required to comply with the location standard described above in subsection a.(1). (5) Pre-existing uses. Gasoline stations that were in existence prior to the adoption of these regulations shall not be deemed non -conforming to the corresponding site standards if located in compliance with the location (intersection) standard stated above in section a. (6) Relief from Standards. Waivers from the following standards may be granted in accordance with Chapter 2, Article 11 by the City Commission for existing projects annexed into the city, when the regulation cannot be fully complied with, but where the intent of the LDR is met: (a) Section 3.D.46.a.(5)(a) above; (b) Section 3.D.46.a.(5)(b) above; (c) Section 3.D.46.c.(3)(a) above; or (d) Section 3.D.46.c.(3)(b) above. The applicant shall provide justification of the waiver and submit a mitigation plan off -setting the impact. d. MU -1_3 District and MU -H District, (1) Use(s) Allowed. A convenience store is allowed as an accessory use to a gasoline station. 777 (a) Building setbacks shall meet those required by the applicable zoning district. (b) Canopy structure over the fuel pumps shall be located either to the side or rear of its associated principal e. PID District. This non -industrial use shall be allowed within the PID district provided it is located on a lot with a Mixed Use (MU) land use option and at an intersection that would satisfy the location requirements of this note. (1) Use(s) Allowed. A convenience store; auto/car wash, automotive, minor repair; and automotive window tinting/stereo installation/alarms are allowed as accessory uses to gasoline stations. (2) Setbacks. Except for properties located within the Urban Commercial District Overlay Zone, the following building setbacks shall apply to all structures on the property including the primary structure, or any accessory structures such as car washes or above -ground storage facilities. (a) Building front (and side corner) - 35 feet; (b) Building side - 20 feet; (d) Automated car wash. The entrance to an automatic car wash shall be setback no less than seventy-five (75) feet from the street in order to provide for an area of vehicular queuing (stacking). An accessory auto/car wash shall be fully automatic and recycle all water used in the car washing process. 47. Grocery Store, 11 1 MIS 74111111,111"Nat 48. Hardware Store. a, CBD District. Excluding lumber or building materials dealers, lawn & garden shops, glass, electrical, plumbing, heating supplies, and the like. 111111IN1111111 111111111111111 11111111H display only and shall not exceed ten thousand (10,000) square feet. c. PID District. This use excludes an on-site lumberyard and any other exterior (outside) activity or storage. 49. Home Improvement Center. This use excludes an on-site lumberyard and any other exterior (outside) activity 778 50. Marine Accessories. a. C-2 District. Excluding any installation on premises, and excluding machine shop service. b. MU -1 District, MU -2 District, MU -3 District, MU -4 District and MU -C District. Indoor storage/display only and shall not exceed ten thousand (10,000) square feet. The sales, rental, service, repairs, and storage of marine trailers are prohibited. Marine customizing, detailing, service, parts, or repair is also prohibited. 51. Merchandise New. This use excludes an on-site lumberyard and any other exterior (outside) activity or IBM i I III] I;g 1111111111111al square feet if approved as a conditional use. This size restriction shall prevail if it conflicts with the size limit set by another applicable note. An auction house is allowed but only as an accessory use qualifying under this paragraph. 53. Merchandise, Used (Other). This establishment shall be limited to a maximum of five thousand (5,000) square feet of gross floor area except if proposed within the Community Redevelopment Area, the maximum size is twenty five hundred (2,500) square feet, and must be located a minimum distance of two thousand, four hundred (2,400) feet from another merchandise, used (other) or multiple -vendor market establishment, as measured by direct distance between property lines, The floor area of an existing merchandise, used (other) establishment shall not be expanded in instances where located less than the minimum separation requirement. All new applications to operate such uses or applications for building permits to expand such uses shall be accompanied by an affidavit certifying compliance with this restriction. Exterior storage and display in connection with such uses shall be Imam=] 54. Mobile Vending Unit (MVU). See Chapter 3, Article V, Section 10 for additional regulations regarding an MVU. 55. Multiple -Vendor Market. A multiple -vendor market shall be limited to five thousand (5,000) square feet of gross floor area and must be located a minimum distance of two thousand, four hundred (2,400) feet from another multiple -vendor market or merchandise used (other) establishment, as measured by direct distance between property lines. The floor area of an existing multiple -vendor market establishment shall not be expanded in instances where located less than the minimum separation requirement. All new applications to operate such uses or applications for building permits to expand such uses shall be accompanied by an affidavit certifying compliance with this restriction. Exterior storage and display in connection with such uses shall be prohibited. 56. Nursery, Garden Center, & Farm Supply. The exterior display of live plants is exempt from the three hundred (300) -foot distance requirement of Chapter 3, Article V, Section 5.D, and such plants may remain outdoors after normal business hours provided that their placement complies with the location criteria of Chapter 3, Article V, Section 5.C, 57. Pharmacy, Drug Store, and Medical Marijuana Dispensary. 779 a. All Districts, 1. No more than fifteen percent (15%) of the total number of prescriptions sold within a thirty (30) day period can be derived from the sale of Schedule 11 controlled substances as listed in FS, § 893-03. All pharmacies and drug stores shall be staffed by a state licensed pharmacist who shall be present during all hours the pharmacy, or pharmacy function of the drug store, is open for business. This restriction on prescription sales shall not apply to a pharmacy operating accessory to a facility licensed pursuant to F.S. Chapter 395 (e.g., hospital). (2) A medical marijuana dispensing facility may not be located within five hundred (500) feet of the real property that comprises a public or private elementary school, middle school, or secondary school. b. MU -4 and MU -C District. Use shall be subject to the following distance separation requirements from similar uses, measured in a straight line, using the shortest distance between property lines shall be the following: IMM (1) Seven hundred fifty (750) feet: For uses with less than five thousand (5,000) square feet of gross floor (2) One thousand, five hundred (1,500) feet: For uses with a gross floor area equal to or greater than five thousand (5,000) gross square feet. 58. Restaurant and Brewpub. a. All Districts, See Chapter 3, Article V, Supplemental Regulations regarding the sidewalk cafe permit. b. C-1 District. A restaurant is allowed as accessory use to a business or professional office and/or a medical or dental office but subject to the following conditions: (1) Signage. No external signage for the restaurant use shall be allowed; (2) Hours of operation shall be limited to coincide with the hours of operation of the principal use. c. M-1 district, This non -industrial use is allowed within the M-1 district, provided that it 1) is located within a multiple -tenant development on a lot that fronts on an arterial or collector roadway; 2) does not exceed two thousand, five hundred (2,500) square feet; 3) excludes a drive -up, drive-through, or drive-in facility; and 4) complies with all off-street parking requirements of Chapter 4, Article V. In addition, the sale of used merchandise is only allowed as accessory to the sale of new merchandise. 59. Restaurant (Take -Out). a. M-1 district. This non -industrial use is allowed within the M-1 district, provided that it 1) is located within a multiple -tenant development; 2) does not exceed two thousand, five hundred (2,500) square feet; 3) excludes a drive-through, or drive-in facility; 4) complies with all off-street parking requirements of Chapter 4, Article V; and 5) does not tender transactions on-site unless located on a lot that fronts an arterial or collector roadway. 60. Auto/Car Wash. 780 a. Auto/Car Wash (Polishing, Waxing, Detailing). (1) Full -Service, Establishments where the act of washing, drying, polishing, or vacuuming are conducted by the establishment either through mechanical means or through on-site employees, and may also include a component which allows for customers to vacuum or polish the vehicle themselves using on- site equipment and supplies. (i) All washing activities must occur within a fully- or semi -enclosed building. (ii) All other business activities, including areas for the detailing or vacuuming of vehicles, must occur within a fully- or semi- enclosed building or underneath a permanent, impermeable roof that provides shade and protection from the elements and is compatible with the principal structure. (iii) C-2 District. This subtype is not permitted within the C-2 zoning district. (iv) PID District. Only allowed as an accessory use to an auto dealer, new or used. (2) Fully -Automated, Establishments where the act of washing, drying, polishing, or vacuuming are fully automated with no on-site employee involvement. (i) All washing activities must occur within a fully- or semi -enclosed building. (ii) C-2 District, C-3 District, C-4 District, and PCD District. This subtype must be accessory to a gasoline station and must obtain conditional use approval prior to establishment. (iii) PID District. Only allowed as an accessory use to an auto dealer, new or used. b. Auto/Car Wash (Self -Serve Bay). (1) General. All business activities must occur within a fully- or semi -enclosed building. 61, Automobile Rental, a. C-3 District, C-4 District, and PCD District. Conditional use approval is required if use will require on- site storage of vehicles. (1) Automobile rental shall be subject to the following additional conditions: (a) Location. Automobile rental establishments shall be located at three-way or four-way intersections involving arterial and collector rights-of-way, as designated by the Comprehensive Plan; (b) Vehicle storage. Vehicles for rent may only be stored in marked stalls if said parking stalls are in excess of the minimum required parking spaces for the site/use(s). A maximum of twenty (20) vehicles may be stored in these marked stalls. An additional amount, up to another twenty (20) vehicles, may be allowed within service areas or non - circulation areas of the site, if determined by staff to be feasible and non -detrimental to service and emergency 781 operations, as well as general vehicular circulation. No required landscaping shall be removed to accommodate the supplemental parking area; (c) Vehicle maintenance. No fueling or servicing of automobiles shall be permitted on-site. Car washing and vacuuming may be allowed if conducted in a service area not visible from any right-of-way, or if located within a fully enclosed building; (d) Pre-existing uses. Any pre-existing and licensed automobile rental establishment will not be considered non -conforming and may apply to increase their rental inventory through the conditional use process. b. MU -3 District, MU -4 District, MU -C District, and S District. The indoor storage of rental vehicles shall be ME= (1) Automobile rental shall be subject to the following additional conditions: (a) Location. Automobile rental establishments shall be located at three-way or four-way intersections involving arterial and collector rights-of-way, as designated by the Comprehensive Plan. (b) Access. Shall not be directly from any major roadway. (c) Storage. No outside storage of materials, parts, and equipment. (d) Design. Pursuant to Chapter 4, Article III, Section 3.A.7., overhead doors shall not be visible from any major roadway frontage. (e) Vehicle storage. All rental vehicles must be located within marked stalls and only in parking spaces in excess of the minimum required parking spaces for the site/use(s). Said spaces shall be marked for the sole use of the rental operation only. (f) Vehicle maintenance. No fueling or servicing of automobiles shall be permitted on- site. Car washing and vacuuming may be allowed if conducted in a service area not visible from any right-of-way, or if located within a fully enclosed building. (g) Pre-existing uses. Any pre-existing and licensed automobile rental establishment will not be considered non -conforming and may apply to increase their rental inventory through the conditional use process. 62, Automotive, Minor Repair. approval is required for this component of the establishment. b. C-3 District. (1) As an Accessory Use. Automotive, minor repair is allowed as an accessory use to a gas station and also to automobile rental, provided that the service and maintenance of the fleet vehicles is relegated to the rental 782 operation and not open to the public. (2) As a Principal Use, Automotive, minor repair is allowed as a principal use, provided that it is located on a lot that is at least five (5) acres. The following restrictions shall also apply, where applicable: (a) On sites of greater than five (5) acres and less than seventy-five (75) acres, all such uses shall be located in either a principal building of a shopping center or in a subordinate, stand-alone building and/or outparcel within a commercial master plan, provided that the subordinate stand-alone building and/or outparcel within a commercial master plan is not located between the principal building and an adjoining right-of-way or between the principal building and abutting residentially zoned property. (b) On sites of greater than seventy-five (75) acres all such uses will be allowed to be located in a separate building in a shopping center. For the purpose of this section, motor vehicles shall mean only motorcycles, mopeds, passenger cars (a motor vehicle with motive power, except a multipurpose passenger vehicle or motorcycle, designed for carrying ten (10) persons or less), or multipurpose passenger vehicles (motor vehicle with motive power designed to carry ten (10) persons or less which is constructed either on a truck chassis or with special features for occasional off-road operation). All repair and service of vehicles shall be done within an enclosed building. c. C-4 District. This use is allowed within the C-4 district but it shall not be located on a lot that borders an arterial roadway. All repair functions must occur within enclosed buildings and exterior storage of vehicles in a damaged or disassembled condition must be adequately screened from rights -of- way and adjacent properties. d. PCD District, Automotive, minor repair is allowed as an accessory use to automobile rental, provided that the service and maintenance of the fleet vehicles is relegated to the rental operation and not open to the public. Automotive, minor repair is allowed as a principal use but conditional use approval is required. Uses listed as conditional uses would be considered permitted uses if the following conditions are met: (1) If shown on the originally approved master plan; (2) Uses will not be subject to the minimum acreage requirements of the C-3 zoning district if the site meets the minimum acreage requirement for rezoning to PCD; and (3) All portions of any building dedicated to such use are separated from residentially zoned property by a distance of two hundred (200) feet, e. M-1 District. Excluding the keeping of vehicles in violation of City of Boynton Beach Code of Ordinances, and excluding gasoline stations selling motor fuels at retail. Any exterior storage of motor vehicles or boats in a wrecked condition shall be permitted only in connection with a lawful principal use, and shall be adequately screened. t PID District. Only allowed as an accessory use to a retail auto dealer, new or used. 63. Automotive, Major Repair. Excluding the keeping of vehicles in violation of the City of Boynton Beach Code of Ordinances, and excluding gasoline stations selling motor fuels at retail. Any exterior storage of motor vehicles or 783 boats in a wrecked condition shall be permitted only in connection with a lawful principal use and shall be adequately screened. 64, Automotive Window Tinting/Stereo Installation/Alarms. a. C-2 District. Automotive window tinting/stereo installation/alarms is allowed as an accessory use to a gasoline station; merchandise, new (supercenter, discount, department, club); or an electronics & appliance store. Conditional use approval is required for this component of the establishment. b. C-3 district. (1) As an Accessory Use. Automotive window tinting/stereo installation/alarms is allowed as an accessory use to automobile rental, provided that the service and maintenance of the fleet vehicles is relegated to the rental operation and not open to the public. (2) As a Principal Use. Automotive window tinting/stereo installation/alarms is allowed as a principal use, provided that it is located on a lot that is at least five (5) acres. The following restrictions shall also apply, where applicable: (a) On sites of greater than five (5) acres and less than seventy-five (75) acres, all such uses shall be located in either a principal building of a shopping center or in a subordinate, stand-alone building and/or outparcel within a commercial master plan, provided that the subordinate stand-alone building and/or outparcel within a commercial master plan is not located between the principal building and an adjoining right-of-way or between the principal building and abutting residentially zoned property. (b) On sites of greater than seventy-five (75) acres all such uses will be allowed to be located in a separate building in a shopping center. For the purpose of this section, motor vehicles shall mean only motorcycles, mopeds, passenger cars (a motor vehicle with motive power, except a multipurpose passenger vehicle or motorcycle, designed for carrying ten (10) persons or less), or multipurpose passenger vehicles (motor vehicle with motive power designed to carry ten (10) persons or less which is constructed either on a truck chassis or with special features for occasional off-road operation), All repair and service of vehicles shall be done within an enclosed building. c. C-4 District. Automotive window tinting/stereo installation/alarms is allowed as an accessory use to automobile rental, provided that the service and maintenance of the fleet vehicles is relegated to the rental operation and not open to the public, d. PCD District. Automotive window tinting/stereo installation/alarms is allowed as an accessory use to automobile rental, provided that the service and maintenance of the fleet vehicles is relegated to the rental operation and not open to the public, Automotive window tinting/stereo installation/alarms is allowed as a principal use but conditional use approval is required. Uses listed as conditional uses would be considered permitted uses if the following conditions are met: 784 (1) If shown on the originally approved master plan; (2) Uses will not be subject to the minimum acreage requirements of the C-3 zoning district if the site meets the minimum acreage requirement for rezoning to PCD; and (3) All portions of any building dedicated to such use are separated from residentially zoned property by a distance of two hundred (200) feet. e. M-1 District. Excluding the keeping of vehicles in violation of the City of Boynton Beach Code of Ordinances, and excluding gasoline stations selling motor fuels at retail. Any exterior storage of motor vehicles or boats in a wrecked condition shall be permitted only in connection with a lawful principal use and shall be adequately 65. Check Cashing. a. C-3 District, C-4 District, and PCD District. Check cashing shall be limited to five thousand (5,000) square feet of gross floor area and must be located a minimum distance of two thousand, four hundred (2,400) feet from another such establishment, as measured by direct distance between property lines. The floor area of an existing check cashing establishment shall not be expanded in instances where located less than the minimum separation requirement. All new applications to operate such uses or applications for building permits to expand such uses shall be accompanied by an affidavit certifying compliance with this restriction. 66. Dry Cleaner. a. All Districts. Cleaning services are limited to retail customers and includes the alteration and/or repair of b. SMU District, MU -1 District, MU -2 District, MU -3 District, MU -4 District and MU -C District. On-site drop- off and pick-up is allowed as a permitted use; however, any cleaning or laundering activities conducted on the premises requires conditional use approval, and the floor area of such establishment cannot exceed two thousand (2,000) square feet. 67, Funeral Home, A funeral home is allowed as an accessory use to a cemetery. 68. Personal Care (Beauty, Hair, Nails). a. R-3 District, PUD District, C-2 District, C-3 District, C-4 District, CBD District, PCD District, all "Mixed Use" Districts and PID District. In these districts, body piercing and tattooing are allowed, but only as accessory to a lawful principal use. In the M-1 district however, such businesses are allowed as a principal use, but only in accordance with Section 3.D.4. above. 69. Pet Care (Boarding and Daycare). a. All Districts. Conditional use applications must include provisions for proper care and mitigation of potential impacts on adjacent properties. Pet care (boarding and daycare) is allowed as an accessory use to either a pet care 785 (grooming) or pet care (veterinary services) establishment, but it requires conditional use approval if it exceeds twenty-five percent (25%) of the floor area or two thousand, five hundred (2,500) square feet, whichever is less. b. C-2 District, C-3 District, C-4 District, CBD District, SMU District, MU -1 District, MU -2 District, and PID District. No external kenneling is allowed in these districts, either as a principal or accessory use. c. PCD District. No external kenneling is allowed, either as a principal or accessory use, Uses listed as conditional uses would be considered permitted uses if the following conditions are met: (1) If shown on the originally approved master plan; (2) Uses will not be subject to the minimum acreage requirements of the C-3 zoning district if the site meets the minimum acreage requirement for rezoning to PCD; and (3) All portions of any building dedicated to such use are separated from residentially zoned property by a distance of six hundred (600) feet. d. M-1 District. External kenneling shall only be allowed for those establishments located in excess of six hundred (600) feet from residentially zoned property. Such uses shall also comply with the requirements of City Code of Ordinances Part 11, Chapter 4, Section 4-4, except that the maximum enclosure size and area standards within 4-4(b)2.a, shall not apply. 70. Postal/Mail Center. a, All Districts. Storage of delivery trucks is prohibited. b. C-1 District. Allowed as an accessory use to a business or professional office or a medical or dental office. c. MU -4 District and MU -C District. This use shall be limited to a maximum gross floor area of two thousand, five hundred (2,500) square feet. 71, Repair, Rental, & Maintenance of Home/Garden Tools, a. C-3 District. Excluding exterior display or storage of merchandise. b. PCD District. Excluding exterior display or storage of merchandise. The repair and service of merchandise shall be permitted as either an accessory or principal use, for any merchandise, which is typically sold in the PCD district. 72. Hospital. A helipad (also known as a helistop) may be allowed as an accessory use to a hospital establishment, but it shall require conditional use approval. 73. Business or Professional Office. MR a. "Mixed Use" Districts. This use shall be integrated into a mixed use building or development. It must not 1) occupy more than fifty percent (50%) of the gross floor area of any given building or 2) exceed thirty percent (30%) of the gross floor area of the mixed use development. However, this requirement does not include those developments that contain such uses in excess of one hundred thousand (100,000) square feet, 74. Social Service Agency. a. R-2 District and R-3 District. (1) Location. Along the following roadway types as designated in the City of Boynton Beach Comprehensive Plan: Arterials and collectors. (2) Size. The maximum building size shall be limited to two thousand (2,000) square feet (per lot); however, for properties located within the boundaries of the Federal Highway Corridor Redevelopment Plan, the maximum building size may be larger, but not to exceed five thousand (5,000) square feet, (3) Design. Building design shall be consistent with surrounding residential styles. (4) Landscaping. A minimum buffer width of five (5) feet and a landscaping barrier shall be required for all parking and vehicle use areas, and outdoor recreation areas that abut single-family residential zoning districts. 75, Adult Entertainment. a. Finding of Fact. The city acknowledges that nude and exotic dancing and entertainment is an expression protected under the First Amendment of the Constitution of the United States, Such expression communicates a message to the intended audience but shall not be obscene, as defined by the courts, nor involve children. The Supreme Court has upheld local regulations that are not intended to preclude such protected expression, but rather to prevent the harmful side effects known as "secondary effects." Based on various reports, studies, and judicial opinions generated throughout the country, including within the State of Florida, the City of Boynton Beach finds it in the interest of health, safety, peace, property values, and general welfare of the people and businesses of the City of Boynton Beach to regulate said businesses to control the secondary effects associated with them. Secondary effects have been proven to include, in part, increased criminal activities, moral degradation, depreciation of property value, and harm to the economic welfare of the community as a whole. By limiting the location and concentration of such uses, by limiting the proximity of such uses to places of residence and public gathering, and by restricting the sale of alcohol within or nearby said establishments, the secondary effects referenced above will be avoided or minimized. Also contributing to the control of secondary effects are restrictions on operational characteristics, including the interaction between nude or partially nude entertainers, and patrons, customers, other employees and entertainers, given the threat they represent to the health of others through the spread of communicable and social disease. Requirements regarding buffers and stage designs are intended to protect public health while preserving the forms of expression intended by the protected nude and exotic entertainment. 787 b. Terms and Definitions. See Chapter 1, Article 11 for all terms and definitions (e.g., alcoholic beverage establishment; nudity; partial nudity) pertaining to adult entertainment establishments. c. All Districts. In addition to the requirements of the underlying zoning district, other applicable general regulations, county licensing requirements, and City Code of Ordinances Part 11, Section 3-6, the following requirements shall apply to adult entertainment establishments: (1) No adult entertainment establishment shall be located closer than seven hundred fifty (750) feet from any other adult entertainment establishment measured from lot boundary to lot boundary along a straight airline route, except when the property containing the adult entertainment establishment is separated from the above use by the 1-95 right-of-way and CSX rights-of-way, or the Boynton (C-16) Canal right-of-way, (2) No adult entertainment establishment shall be located closer than seven hundred fifty (750) feet from any church use (house of worship); residential zoning district (including a mixed use district containing a residential component or a mixed use pod of a planned industrial development); public usage (PU) district; recreation district except where the subject property is a preserved natural area not accessible to the general public; or schools measured from lot boundary to lot boundary along a straight airline route, except when the property containing the adult entertainment establishment is separated from the above uses by the 1-95 and CSX Railroad rights-of-way, or the Boynton (C-16) Canal right-of-way. 76. Artist Studio. a. C-3 District, C-4 District, CBD District, PCD District, and all "Mixed Use" Districts. The fabrication, bending, welding, assembly, or processing of any heavy metal, wood, plastic, or similar products shall only be allowed for establishments located within the M-1 district. 77. Entertainment, Indoor, arterial roadway. b. M-1 District. Limited to indoor playground/play centers and amusement arcades only. 78, Entertainment, Outdoor. a. C-3 District and PCD District. Must be at least one thousand (1,000) feet from a residential use. 79. Marina, Including Yacht Club. a. All Districts. Marinas, including yacht clubs, are limited to the following uses: mooring and docking of private pleasure craft; sale of fuels and lubricants; occupancy of private craft as living quarters provided that such craft are connected to public sewer facilities; operation of drift and charter fishing boats and sightseeing boats; bait and tackle shops. b. IPUD District. Private marinas, as a principal use, requires the following: 788 =1111 (1) Minimum lot area: Four (4) acres. (2) Minimum lot frontage: One hundred fifty (150) feet and minimum average width of two hundred (200) (3) Maximum height: Forty-five (45) feet. (4) Principal land uses may include boat and yacht clubs, and private or public marinas (see Chapter 1, Article 11, Definitions) contingent upon being located within an area identified with the "Preferred" siting designation by the 2007 Palm Beach County Manatee Protection Plan. However, major repairs and boatels, or residing on boats, shall be prohibited in the IPUD district. Additionally, all sale or minor repair of boats, or components thereof, shall only occur within a fully enclosed structure except as otherwise allowed by paragraph (6) below. The above noted principal uses, when combined with residential uses, in which the residential component occupies twenty-five percent (25%) or more of the total land area, shall be considered permitted uses, otherwise such marine uses shall require conditional use approval. (5) Boatels and the residing on boats shall be prohibited within the IPU D district, except that temporary stays shall be allowed for a maximum of three (3) nights within a twelve (12) -month period. (6) The following uses shall be allowed as accessory to one (1) of the principal marine uses described above: boat brokerages, ship's stores, tackle shops, maritime museums or other related educational uses, restaurants, boat ramps, and other launching facilities. (7) Marine -oriented and water dependent uses shall meet all the requirements of Section 3.C.5, above, except for subparagraph (a) in that a marina may be the sole principal use of a project and is not required as a component of a mixed use development containing dwelling units. (8) No outdoor dry storing or stacking of boats or other related items shall be allowed, except that outdoor displays are allowed for sales purposes as long as the boats are restricted to ground level display, are not visible from abutting rights-of-way or residential properties, and are not placed within landscape areas or required parking OEM (9) Wash down and other post -use servicing shall be done within the dry storage building or within an enclosed structure (e.g., three -sided and roofed) designed and oriented to minimize external impacts. (10) Water used for flushing and other cleaning activities shall be properly pretreated prior to discharge into the stormwater system, and conservation measures shall be considered to facilitate reclamation/recycling. (11) No outdoor speakers shall be allowed other than for low volume music that is not audible off-site, (12) In addition to adhering to the city's sound regulations, no equipment, machines, or tools shall be used .between the hours of 8:00 a.m. and 6:00 p.m. that generates noise unique to a residential neighborhood. 789 (13) See Chapter 4, Article III, Section 3.G.6, for additional design regulations for commercial buildings and boat storage facilities. (14) Landscaping above and beyond the regulations cited elsewhere in this Code shall be required for all non- residential buildings in excess of forty thousand (40,000) square feet, in order to reduce the perceived scale and massing of such buildings. (15) The width of the foundation planting areas visible from streets or residential properties shall be fifty percent (50%) of the facade height. The applicant may submit an alternate planting plan that depicts the required screening/softening of the large building facades, however in no instance shall the planting area be less than twelve (12) feet in width, (16) The height of the plant material shall be in relation to the height of the adjacent facade or wall. Further, the height of fifty percent (50%) of the required trees or palms shall be a minimum of two-thirds (2/3) of the height of the building. One (1) canopy tree or a cluster of three (3) palm trees shall be installed within the foundation planting area every twenty (20) feet on center along each facade visible from streets or residential properties. Canopy and palm trees shall be distributed along the entire facade where foundation landscaping areas are required, with understory plant material arranged in the areas between the low growing shrubs and tree or palm canopies. The applicant may submit an alternate planting plan that depicts the rearrangement of plant material in order not to interfere with required building enhances discussed herein. (17) A perimeter landscape barrier shall be required between incompatible uses and/or zoning districts; or where there are differences in density, intensity, or building heights or mass; or for those certain uses requiring additional screening in order to shield outdoor storage or operations. The barrier shall consist of a decorative buffer wall of at least six (6) feet in height, in addition to a variety of densely planted trees, hedges and shrubs. In areas where sufficient width is provided or staff determines additional buffering is warranted, a berm may be required in addition to the above regulations. (18) The applicant shall demonstrate through site design and buffering how sound associated with the non- residential components of the project will be mitigated, 80. Rentals, Recreational (Bicycles, Canoes, Personal Watercraft). I ! : 11m I 110111$1111%��= thousand (10,000) square feet. 81. Sightseeing &Scenic Tours. a. All Districts. Vehicles used in support of the operation that are of a size in excess of a standard parking stall shall be stored in a zoning district where outdoor storage of vehicles is allowed. b. CBD District, MU -1 District, MU -2 District, MU -3 District, MU -4 District and MU -C District. Sightseeing boats are allowed in conjunction with a marina, including yacht club. 790 82. Theater. All outdoor style theaters (i.e. band shell, amphitheater) require conditional use approval. a. C-1 District, C-2 District, C-3 District, C-4 District, PCD District, MU -1 District, MU -2 District, and MU -3 District. On parcels ten (10) acres or greater, a cemetery may be allowed as an accessory use to a funeral home establishment. a. R-1-AAB District, R -1 -AA District, R -1-A District, and R-1 District. Expansions and improvements to, and redevelopment of pre-existing places of worship that do not meet the minimum lot standards of the zoning district, or the other requirements of Section 3.D.33 above shall be allowed in accordance with the following requirements: (1) Improvements shall only be allowed if the subject property was under proper ownership prior to the adoption of these regulations. Ownership shall be based on the records of the County Property Appraiser's Office. (2) Rights-of-way for primary access shall be adequate and improved in accordance with (Engineering Design Handbook and Construction Standards); (3) The size of building improvements shall be allowed up to a maximum of 100% of the pre- existing area. (4) Expansions that would increase operational space or capacity, shall require that all existing parking areas and related landscaping meet the requirements of the city's land development regulations. (5) Parking. Projects eligible for parking space reductions of the MLK Overlay District, shall be required to meet a minimum of seventy-five percent (75%) of the spaces required under Chapter 4, Article V, Section 3.D. (6) Non -conforming and blighted conditions. Expansions that increase operational space or capacity shall require improvements to all existing facilities to raise them to a similar appearance level as the proposed improvement and additions. Sidewalks shall be added where partially or totally absent along the boundary of the subject use. This requirement shall apply to all parcels used to support the principal use, including those lots that abut the principal lot or that are separated from the principal lot by other properties or rights-of-way, (7) Design. Additions or new facilities shall be designed to be compatible with its surroundings and/or adopted community redevelopment plan to further the historic and architectural character of the neighborhood. (8) No newly proposed physical improvements other than a wall/fence or landscaping shall be placed closer than thirty (30) feet from a parcel containing or zoned for a single-family residence. (9) Any outdoor play areas shall be located a minimum of thirty (30) feet from a parcel containing or zoned for single-family residence. (10) The foregoing conditions shall also apply to any repairs or reconstruction required due to damage from fire, a major storm event, or other natural occurrence. 791 b. R-2 District and R-3 District. (1) Separation. Distances between residential properties and outdoor play areas shall be maximized. (2) Landscaping. A minimum buffer width of five (5) feet and a landscaping barrier shall be required for all parking and vehicle use areas, and outdoor recreation areas that abut single-family residential zoning districts. 85. Government, Municipal Office/Emergency/Civic Facilities. a. All Districts. Conditional use approval shall be required for gross floor area in excess of five thousand (5,000) M1189M 86, Government, Non -Municipal Office Facilities. a. All "Mixed Use," M-1 District, and PID District. This use shall be integrated into a multiple -tenant building. It must not 1) occupy more than fifty percent (50%) of the gross floor area of any given building; or 2) exceed thirty percent (30%) of the gross floor area of the mixed use development, where applicable. b. M-1 District. This non -industrial use is allowed within the M-1 district, provided that it 1) excludes a drive - up, drive-through, or drive-in facility; and 2) complies with all off-street parking requirements of Chapter 4, Article V. a. R -1 -AAO District, R -1 -AA District, R -1-A District, R-1 District, and PUD District. The following applies to facilities to be located within zoning districts limited to single-family homes: (1) Design. Building design shall be consistent with surrounding residential styles in accordance with Chapter 4, Article III, Section 5.G. (3) Separation. Minimum separation requirement between day cares shall be two thousand, four hundred (2,400) feet (this distance separation requirement should not apply to day care uses limited to specific groups such as church members, and should not be intended to place restrictive limits on the expansion/improvement of those uses existing prior to codification. b. R-2 District and R-3 District. (1) Location. Along the following roadway types as designated in the City of Boynton Beach Comprehensive Plan: arterials and collectors; (a) Lot size. A minimum of one-half (0.5) acre; (b) Landscaping. A minimum buffer width of five (5) feet and a landscaping barrier shall be required for all parking and vehicle use areas, and outdoor recreation areas that abut residential zoning districts. Distances between 792 outdoor play areas shall be maximized; (c) Design, Building design shall be consistent with surrounding residential styles in accordance with Chapter 4, Article III, Section 5.G. c. PCD District. Uses listed as conditional uses would be considered permitted uses if the following conditions (1) If shown on the originally approved master plan; (2) Uses will not be subject to the minimum acreage requirements of the C-3 zoning district if the site meets the minimum acreage requirement for rezoning to PCD; and (3) All portions of any building dedicated to such use are separated from residentially zoned property by a distance of two hundred (200) feet. IF Will iiii HIRE IN E1111 11 1111 1 of a residential zoning district or a Mixed Use Pod of a PID, 89, Storage, Boats/Motor/Recreational Vehicles. ill; V I I I I! ��Imlll 01 accessory use to a marina, including yacht club. The dry storage of boats shall be prohibited. b. M-1 District. No exterior storage of boats, motor, or recreational vehicles in a wrecked condition shall be (1) Landscaping. All exterior (temporary) storage of fleet vehicles shall be adequately screened. Additional buffering may be required as recommended by the Director of Planning and Zoning to ensure compatibility. (2) Lighting. If a facility abuts a residential zone, outdoor lighting fixtures shall be no more than twenty (20) feet in height and shall be shielded away from residential property, 90. Storage, Self -Service. a, All Districts. All self -storage facility uses shall comply with the following: (1) Rental Facility Office. A maximum of one thousand (1,000) square feet of the rental office may be devoted to the rental and/or sale of retail items used for moving and storage and including, but not limited to carton, tape and packing materials. (2) Security Quarters. A single residential unit for security purposes, not to exceed one thousand, two hundred (1,200) square feet may be established on the site of a self-service storage facility provided that said facilities are at least thirty thousand (30,000) square feet. This dwelling unit shall be considered a limited exception to the general prohibition of residential uses in industrial zones. The security quarters may continue only so long as 793 the self-service storage facility remains active. The security quarters shall be for the exclusive use of, and shall be occupied only by a guard, custodian, caretaker, owner, manager, or employee of the owner of the facility, and respective family. (3) Use of Bays. The use of storage bays shall be limited to dead storage of household goods, personal property, or records for commercial businesses. Storage bays shall not be used to manufacture, fabricate or process goods; service or repair vehicles, boats, small engines or electrical equipment, or to conduct similar repair activities; conduct garage sales or retail sales of any kind; or conduct any other commercial or industrial activity. Individual storage bays or private postal boxes within a self-service storage facility shall not be considered a premises for the purpose of assigning a legal address in order to obtain approval or other governmental permit or license to conduct business. Other prohibited uses include storage, sale, salvage, transfer, or disposal of junk, scrap, garbage, offal, refuse, or other waste materials, Further: (a) The maximum size of a storage bay shall be limited to four hundred fifty (450) square feet. (b) Storage bay doors shall not face any abutting property that is residentially zoned or any public or private (c) Lighting, If a facility abuts a residential zone, outdoor lighting fixtures shall be no more than twenty (20) feet in height and shall be shielded away from residential property. (d) Loudspeakers. No exterior loudspeakers or paging equipment shall be permitted on- site, (e) Design. For all self-service storage facilities adjacent to or visible from any right-of-way, the following MM1111MI (i) The exterior colors, fagades, windows, roof and building materials of all structures located on-site shall be compatible with the character of or vision for the surrounding area. Self-service storage facilities shall incorporate design elements to achieve the effect of office structures. (ii) All facades viewable from rights-of-way shall provide variety and interest. These facades shall not exceed fifty (50) feet in length without visual relief by means of a vertical reveal at least one (1) foot in depth and ten (10) feet in width, a perceptible change in wall angle, or a corner, Other design attributes shall include, roof slope and materials, windows, awnings, fencing and other aesthetic elements. MEMMZM=1MMM1I1 ��IMLWMMMM (g) Exterior storage, designated for landscaping buffering purposes. (ii) Pleasure boats stored on-site shall be placed and maintained upon wheeled trailers. No dry stacking shall be permitted on-site. 794 (iii) The outside storage area shall be constructed with a dust -free surface. b. Multi -Access Self -Storage Facilities. In addition to the general standards above, multi-access self-service storage facilities shall comply with the following regulations: (1) Lot Size. The minimum lot size for a multi-access self -storage facility shall be two (2) acres. (2) Circulation. The following on-site circulation standards shall apply: (a) Interior: Interior loading areas shall be provided in the form of aisleways adjacent to the storage bays. These aisleways shall be used both for circulation and temporary customer parking while using storage units, The minimum width of these aisleways shall be twenty-five (25) feet if only one-way traffic is permitted, and thirty (30) feet if two-way traffic is permitted. A minimum width of twelve (12) feet between aisleways will be required when utilized for outdoor storage. (b) Flow: The one- or two-way traffic flow patterns in aisleways shall be clearly marked. Markings shall consist of standard directional signage and painted lane markings with arrows. (c) Access: Appropriate access and circulation by vehicles and emergency equipment shall be ensured through the design of internal turning of aisleways. (3) Height, Limited access and combination multi-access and limited -access self-service storage facilities shall conform to the maximum height for that district. The maximum height for multi-access self-service storage facilities shall not exceed twenty-five (25) feet. These heights will include any screening required to conceal air-conditioning or any other mechanical equipment. c. Limited Access Self -Storage Facilities. In addition to the general standards above, limited -access self -storage facilities shall comply with the following regulations: (1) Lot Size. The minimum lot size for a limited access self -storage facility shall be one (1) acre. (a) Each entry point used to access hallways leading to the storage bays shall accommodate a minimum of (b) The loading areas shall not interfere with the primary circulation system on-site, (3) Circulation. The following on-site circulation standard shall apply: (a) Interior. If a minimum twenty (20) feet accessway is provided adjacent to the building and serves no other use except the self-service storage facility, then the loading area may be established parallel and adjacent to the building. It will be required to satisfy current regulations for driveway accessibility dependent on one-way or two-way traffic. 795 (ii) Two-way: 30 feet. d. SMU District, MU -1 District, MU -2 District, and MU -3 District. Only limited -access self-service storage facilities are allowed within mixed use districts. Multi-access self-service storage facilities are prohibited. (1) Location. Permitted only on lots fronting on major arterial roadways. Retail uses unrelated to the storage business are relegated to the ground -floor. Street frontages of the ground floor area shall be devoted to one (1) or more principal retail and office uses, not related to the self -storage use, to a depth of at least twenty (20) feet. (2) Driveways. Access to the self-service storage use portion of the structure shall not be from/to an arterial roadway and must be screened from public rights-of-way. (3) Design. Buildings shall be designed to have the appearance of a multi -story retail, office, and/or residential structure through the use of windows, shutters, and appropriate building elements on the upper floors. e. M-1 District, (1) Buffers. All perimeter buffers adjacent to residentially -zoned property shall contain a continuous wall or hedge and trees, installed no less than twenty-five (25) feet on -center. (2) Exterior Storage. In connection with a self-service storage facility, open storage of boats, motor, or recreational vehicles of the type customarily maintained by private individuals for their personal use and commercial vehicles shall be permitted provided the following: (a) The outdoor storage area shall not exceed forty percent (40%) of the area of the site. (b) Outdoor storage areas shall be entirely screened from public and private rights-of-way and non -industrial properties. Screening materials shall be comprised of a buffer wall, eight (8) feet in height, or by the project's principal and/or accessory building(s) or a combination thereof. Trees, installed no less than twenty-five (25) feet on - center, in conjunction with shrubs and/or other foundation plantings, shall be placed on the outside of the buffer wall, within a landscaping strip of at least five (5) feet in width, The shrubs and foundation plantings shall be at least four (4) feet in height at the time of installation. However, their inclusion may be waived by the Director of Planning and Zoning if determined to be unnecessary. (1) Use is not permitted on an arterial road. 91. Boat Repair. a. Landscaping. All exterior (temporary) storage shall be adequately screened. Additional buffering may be required as recommended by the Director of Planning and Zoning to ensure compatibility. 796 b. C-4 District. Shall not be located on a lot that borders an arterial roadway unless accessory to a Boat Dealer. No repair shall be allowed outside an enclosed structure, and exterior storage of boats and equipment must be adequately screened from adjacent rights-of-way and properties. c. M-1 District. The exterior storage of boats or equipment must be adequately screened from adjacent rights- of-way and properties. The dry stacking of any boats shall be prohibited. d. PID District. Only allowed as an accessory use to a retail boat dealer. 92. Carpet and Upholstery Cleaning Services. Permitted off -site only. 93. Contractor. a. Refuse. Dumpsters and trash receptacles shall be screened from view of adjacent lots and streets. b. C-4 District. (1) Location, This use is allowed within the C-4 district but it shall not be located on a lot that fronts on an arterial roadway. (2) Use(s) Allowed. (a) Office and showroom only as a permitted use. (b) Contractors' outdoor storage and workshop shall require conditional use approval if located within two hundred (200) feet of a residential zoning district. c. M-1 District. Contractors' outdoor storage and workshop shall require conditional use approval if located within two hundred (200) feet of a residential zoning district. 94. Lawn Maintenance & Landscaping Service. a. Refuse. Dumpsters and trash receptacles shall be screened from view of adjacent lots and streets. b. C-4 District. (1) Location. This use is allowed within the C-4 district but it shall not he located on a lot that fronts on an arterial roadway. (2) Use(s) Allowed. (a) Office and showroom only as a permitted use. (b) Outdoor storage and workshop shall require conditional use approval if located within two hundred (200) feet of a residential zoning district. 797 95. Radio & TV Broadcasting. Refer to the wireless communication facilities section in Chapter 3, Article V (Supplemental Regulations) of the Land Development Regulations. 96, Research & Development, Scientific/Technological. Excluding treatment, storage, or processing of human or animal bodies or body parts. Medical or scientific research which involves the use, treatment, storage, or processing of human or animal bodies or body parts would require conditional use approval. 97. Sewer/Septic & Waste Mgmt. Cleaning. This use excludes the storage, treatment, transfer, dumping, or disposal of waste on -premises. M 1��Imlwimllvm stored in a zoning district where storage, boats/motor/recreational vehicles is allowed. b. M-1 district. No exterior (temporary) storage of fleet vehicles in a wrecked condition shall be permitted. In addition, the following shall apply: (1) Landscaping. All exterior (temporary) storage of fleet vehicles shall be adequately screened. Additional buffering may be required as recommended by the Director of Planning and Zoning to ensure compatibility. (2) Lighting, If a facility abuts a residential zone, outdoor lighting fixtures shall be no more than twenty (20) feet in height and shall be shielded away from residential property. (3) Loudspeakers. No exterior loudspeakers or paging equipment shall be permitted on-site. 99. Community Garden. a. All Districts. (1) Setbacks. The cultivation area shall be setback or designed (planted) a minimum distance so as to not violate any cross -visibility requirements and safe -sight standards required near vehicular use areas, (2) Design. Walkways shall be unpaved except as necessary to meet the needs of individuals with disabilities. (3) Parking. Community gardens shall be exempt from the off-street parking requirements of Chapter 4, Article V, Minimum Off -Street Parking Requirements. No vehicles, including harvesting machinery shall be stored on the subject property or within the abutting right-of-way, except that such vehicles may be on the property as necessary for completion of grading performed in accordance with a land development permit. See Chapter 2, Article III, Section 3 for the regulations pertaining to the land development permit. (4) Hours of Operation. No activity shall be conducted on-site between the hours of 9:00 p.m. and 7:00 a.m. (5) Exterior Lighting. No temporary or permanent exterior lighting shall be used beyond the lawful hours of ME= 798 (6) Walls and Fences. Walls and fences shall be allowed and regulated in accordance with Chapter 3, Article V, ffimflMm (7) Open Burning. The open burning of neighborhood gardens shall be prohibited. See City Code of Ordinances Part 11, Chapter 9, Article 11, Section 9-18 for the restrictions on open burning. (8) Signage. Pursuant to Chapter 4, Article IV, Section 1.E., a non -illuminated sign with non- commercial copy is allowed, provided that it does not exceed three (3) square feet in area. If proposed as a freestanding structure, the sign shall not be greater than four (4) feet in height and must be located at least ten (10) feet from any property line. (9) Grading and Ground Elevation, The subject site shall not be excavated, graded, dredged, or filled to the extent that it would change existing drainage patterns or cause rainwater to outfall onto abutting properties or rights-of-way. b. Residential Districts. (1) IPUD District, PUD District, and MHP District. A community garden shall only be allowed on lands considered common area by the homeowners or property owners' association or upon lots that are owned by such (2) Lot Size. The maximum lot size shall not exceed one-half (0.5) acre. (3) Freestanding Structures and Site Amenities. No freestanding structures or site amenities allowed under Chapter 3, Article V, Section 3 (e.g., sheds and storage containers, generators and fuel tanks, compost bins and tumblers, agricultural structures) shall be allowed. (4) Seed and Fertilizer. No seed or fertilizer shall be stored on-site. (5) Approval Process. A community garden shall require the approval of a zoning permit in accordance with Chapter 2, Article 11, Section 5.B. c. All Commercial and Mixed Use Districts. (1) Lot Size. The maximum lot size shall not exceed one (1) acre. (2) Separation. A community garden shall be separated from another community garden by a minimum of one thousand (1,000) feet, (3) Freestanding Structures and Site Amenities. Freestanding structures and site amenities, including but not limited to sheds and storage containers, generators and fuel tanks, compost bins and tumblers, or agricultural structures are allowed, provided that they are installed, placed, erected, or constructed in accordance with the respective provisions of Chapter 3, Article V, Section 3. (4) Lot Coverage. The ground area of all freestanding structures and site amenities allowed under Chapter 3, Article V, Section 3 that are installed, placed, erected, or constructed shall count towards lot coverage; and all of 799 these, including principal structures, shall not exceed the maximum allowed by the respective zoning district. (5) Approval Process. A community garden shall require the approval of a zoning permit in accordance with Chapter 2, Article 11, Section 5.13. However, those containing storage and/or agricultural structures greater than one hundred (100) square feet as provided for in the Supplemental Regulations (Chapter 3, Article V, Section 3) shall require approval of conditional use and site plan applications in accordance with Chapter 2, Article 11, Section 2. (6) Retail Sales. The on-site sale of fruits, vegetables, nuts, or herbs harvested on-site is allowed, but only in connection with the approval of a special event permit. Any temporary farm stand used during the special event period shall be no larger than seventy-two (72) square feet and seven (7) feet in height. No fruits, vegetables, nuts, or herbs harvested off-site or any products produced off-site shall be brought to the subject property and sold on- site. 100. Warehouse, showroom (single product line). a. All Districts (for recreational vehicles only). (1) Minimum property size for the particular use shall be ten (10) acres. (2) Must be located in a multi -tenant building. (3) Interior display of recreational vehicles is required. Ancillary display outside an enclosed building shall not exceed one and one-half (1-1l2)times the number of units displayed indoors. (4) If ancillary outdoor display is proposed, the property shall not be located on an arterial or collector EMMA (5) Only one row of recreational vehicles may be displayed between the building and any road right-of-way. No recreational vehicle may be displayed within ninety (90) feet of any road right-of-way. (6) No ancillary outdoor display shall occur within required parking spaces. (7) Location of ancillary outdoor display shall not obstruct or impede vehicular movements or pedestrian (8) Landscaping shall be in conformance with either "perimeter landscape buffer" or "landscape strip abutting right-of-way" requirements, whichever is applicable. (9) No maintenance shall occur on site. 101. Medical Care or Testing (in-patient). Other requirements and site standards: a. Conditional use approval shall be required if there exists less than a fifty (50) foot setback between the subject use and an abutting residential or mixed use zoning district. This separation is intended to enable proper site design regarding secured access, private outdoor patron amenities, buffering, and the like. Conditional Use approval 800 may be waived for those uses found exempt from the requirements of items "b" and "c" below, that provide continuous client services designed or programmed to conclude within a 24 hour period, and that operate in less than 5,000 square feet. b. Site security shall be ensured through a minimum of surveillance cameras, limited and controlled access points, and operational procedures to restrict unauthorized and/or unarranged accessing or exiting of the facility and/or property. This subsection may be proven unnecessary based on the use or operation, surrounding land uses and/or site design. Justification shall be provided to staff in conjunction with site plan review or when applying for Certificate of Use approval. c. Privacy and access control shall be ensured through a minimum of perimeter fencing and landscape buffering intended to support the objective to control access and increase privacy of areas intended for client or patient use, This subsection may be proven unnecessary based on the use or operation, surrounding land uses and/or site design. Justification shall be provided to staff in conjunction with site plan review or when applying for Certificate of Use approval. d. In addition to the locational restriction of footnote No. 14 (arterial roadway frontage), allowed locations within the CRA shall exclude Planning Areas #2, #3, and #4 as defined within the Federal Highway Corridor Community Redevelopment Plan Update adopted in 2006, and the Boynton Beach Boulevard corridor. The intent of this standard is to reserve certain areas within the CRA to those uses that contribute to, and enhance, the entries into the downtown, the fabric of the streetscape, harmonious land use relationships, downtown retail and commerce, and other urban development efforts that establish a sense of place along the key routes leading to, and within, the downtown pursuant to an adopted redevelopment plan. 102. Pre-existing. Such pre-existing uses which are no longer allowed uses pursuant to amendments to the Zoning Matrix shall not be construed as non -conforming uses. However, major modifications to such uses shall be in accordance with the conditional use approval process if required pursuant to the Zoning Matrix, and adhere to the site design and operational restrictions of the applicable footnotes. 103. Landscape Debris Stockpiling. The commercial stockpiling of landscaping debris is allowed as a conditional use in the M-1 zoning district on properties that are located a minimum of 200 feet from a Residential, Commercial or Mixed Use Zoning District as defined within Chapter 1, Article 11 of the Land Development Regulations, and subject to the following additional requirements: a. Prior to commencing the operation of a landscaping debris storage site, a property owner must first obtain a Business Tax Receipt and Certificate of Use from the city. b. A site plan notated to show operational components of the storage facility (i.e. access, storage area, setback, etc) and represent compliance with the requirements herein, shall be submitted as part of the conditonal use review. c. No stockpiling of landscaping debris shall be permitted on properties of less than 0.5 acres. d. Provide a minimum 25 -foot wide stabilized all weather access road around the perimeter of the stockpile. 801 e. All stored landscaping debris shall be setback at least 25 feet from all other property lines, or a greater distance as determined necessary during the review for conditional use approval. f. Any related site preparation or actual storage of debris shall not cause an increase in off-site storm water drainage as confirmed by the City Engineer or his or her designees during the review for conditional use approval, or as necessary from time -to -time following commencement of the storage activity. g. No chipping of stockpiled debris is permitted on the site. h. The perimeter of a storage site shall be screened with a wall or fence that obstructs the view of the storage area from adjacent properties. The amount of landscaping required in combination with the wall or fence shall be determined during the review for conditional use approval. The screening material used shall be constructed and/or maintained at a minimum of 6 feet. L The hours of operation shall be limited to 8:00 a.m. to 6:00 p.m., Monday through Friday, and Saturday, from 8:00 a.m. to 2:00 p.m., or as established during the conditional use approval process. j. Access to operations shall be only from a public right-of-way, In no case, shall a delivery or removal of the stored landscaping debris utilize a private road or alley serving residential uses for access. k. The delivery, removal and storage shall utilize dust control measures. 1. Debris piles shall nal be placed on surfaces intended or designed for open space, or for parking or vehicle XMI m. Because of the possible attraction of vermin to stored and decomposing material, operator shall have an extermination plan overseen by a commercial exterminator. Measures used to prevent such presence of vermin shall be documented and such documentation shall be made available to city staff upon request. n. Storage areas shall include fire protection monitoring, alert and suppression systems as approved by the City Fire Marshal. The following are minimum requirements that must be demonstrated to obtain Fire Marshal approval: 1) No pile shall be higher than 10 feet, with height being determined/maintained with the placement of four (4), 10 -foot tall, 4 x 4 posts evenly spaced around the pile for use as reference points. During any declared drought the height shall be limited to six feet. 2) All piles shall be covered with a "breathable blanket" or site provided with a sprinkler system approved by the City Fire Marshal, 3) All piles shall be secured behind a fence or other approved barrier that will be locked at all times when not in use. 4) A working garden hose shall be at the ready at all times to put out small spot fires. 802 5) Each pile shall be turned/churned on a dally basis, a minimum of once per day. A log shall be maintained and made available to the Fire Marshal or his/her designee upon request that records dates and frequency of pile maintenance actions required by this standard, o. Review for revocation of Business Tax Certificate, Repeat violations in accordance with this section shall result in a review by the City Commission for revocation of business approval. If 3 or more violations of any of the requirements of this footnote occur during 2 consecutive months, staff shall notify the business operator and property owner that a 30- day probationary period has commenced, including an explanation of the probationary period. If any violations of these requirements occur during the probationary period, then staff will forward a report to the City Commission summarizing the violations, The City Commission shall have the options of ending the probationary time- period, extending the 30- day probationary period, or directing staff to revoke the business approval simultaneously establishing the time allowed for the operator to decease business operations on the subject property. If the probationary period is ended, then staff will continue monitoring and reporting repeat violations to the Commission in accordance with this section. If the Probationary period is extended, staff will monitor the operation for continued violations during the extended period and report the violations to the City Commission at the next available Commission meeting, The property owner shall be directly notified each time that staff forwards the item to the Commission, 104. Micro -Brewery, Micro -Winery, Micro Distillery (1) Drive -up, drive-through, and/or drive-in facilities are not permitted. (2) All business activities shall occur within a building with the exception of approved loading area and permitted outdoor seating, (3) This use required to have an approved delivery and loading area. The location of the delivery and loading area shall be located at the rear of the property and/or behind the building as to not be visible from any right-of-way (public or private) or residential property or use, (4) The establishment must submit proof of required licsensing and production quantities, (5) A minimum of 50% of beverages manufactured must be used for onsite consumption, passed 10-4-11; Am. Ord. 11-028, passed 10-18-11; Am. Ord. 12-006, passed 4-17-12; Am. Ord. 12-010, p io 19-12; Am, ®rd, 13-020, passed 7-2-13; Am, ®rd, 13-025, passed 10-1-13; Am, ®rd, 13-029, passed 11-19-13„ Am, ®rd, 15-002, passed 3-17-15; Am, Ord. 15-003, passed 3-17-15; Am, Ord. 15-019, passed 3-13-15; Am, ®rd, 15- 030, passed 11-3-15; Am. ®rd, 16-010, passed 7-5-169 Am, Card, 16-011, passed 7-5-16; Am, ®rd, 16-023, passed 1-3-17; Aar, Ord, 17-005, passed 2-21-17; Am. ®rd, 17-014, passed 7-18-17; Am, Ord, 17-023, passed 9-19-17; Am, Card, 17-031, passed 11-7-17; Am, Ord, 13-010, 7-3-13; Am, Card, 13-013, 7-17-18; Am, Ord. 13-013, 2, 3-7- 13; Am, Card, 19-013, passed 7-2-19; Am, ®rd, 19-024, passed 3-20-19; Am, Card, 19-032, passed 10-1-19; Am, Ord. 20-004, passed 3-3-20; Am, Ord. 20-019, passed 7-7-20; Am, Cord, 20-020, passed 7-7-20; Am, Ord. 20-021, 803 passed 7-7-20; Am. Ord. 20-027, passed 7-21-20; Am. Ord. 21-022, passed 7-6-21; Am. Ord. 22-022, passed 11- 14-22) Sec. 4. Conditional Uses. A. Applicability. Where zoning district regulations indicate that a use is allowed as a conditional use, the procedures, requirements, and standards set out in Chapter 2, Article 11, Section 2.C, and this section shall apply. B. Definition. See Chapter 1, Article 11, Definitions. C. Standards for Evaluating Conditional Uses. In evaluating an application for conditional use, the Board and Commission shall consider the effect of the proposed use on the general health, safety, and welfare of the community and make written findings certifying that satisfactory provisions has been made concerning all of the following standards, where applicable: 1. Ingress and egress to the subject property and proposed structures thereon, with particular reference to automobile and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe; 2. Off-street parking and loading areas where required, with particular attention to the items in subsection C.1, above, and the economic, glare, noise, and odor effects the conditional use will have on adjacent and nearby properties, and the city as a whole; 11 irerr I i: 1 1 1 IN NEI! 11 4. Utilities, with reference to locations, availability, and compatibility; 5. Screening, buffering and landscaping with reference to type, dimensions, and character; 6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and compatibility and harmony with adjacent and nearby properties; 7. Required setbacks and other open spaces; 8. General compatibility with adjacent properties, and other property in the zoning district; 9. Height of buildings and structures, with reference to compatibility and harmony to adjacent and nearby properties, and the city as a whole; 10. Economic effects on adjacent and nearby properties, and the city as a whole; 11. Where applicable, the proposed use furthers the purpose and intent of a corresponding mixed use zoning district or redevelopment plan; and 804 12. Compliance with and abatement of nuisances and hazards in accordance with the operational performance standards as indicated in Chapter 3, Article IV, Section 1 and the Noise Control Ordinance, and City Code of Ordinances Part 11, Chapter 15, Section 15-8. A sound impact analysis shall be required for new or expanding bar, nightclub or similar uses when involving property within 300 feet of a residential district. The analysis shall include mitigating solutions that would reduce or eliminate any potential for off-site nuisance conditions. Depending on the size of the proposed use, the distances to and level of compatibility with adjacent land uses, the sound analysis may be required to include information, diagrams and sketches indicating the types and locations of proposed sound emitting equipment, speaker orientations, maximum output, building or site design intended to mitigate sound impacts, and any operational standards including an affidavit documenting maximum sound limits to be maintained based on the findings of the analysis, A live entertainment permit shall be required for a bar/nightclub use pursuant to the requirements of Chapter 3, Article IV, Section La, and Part 11 (Code of Ordinances). Chapter 13, Article IV, Section 13-80. (Ord. 10-025, passed 12-7-10; Am. Ord. 12-010, passed 6-19-12; Am. Ord. 12-016, passed 10-2-12) Sec. 5. Nonconforming Uses. A. Definition. See Chapter 1, Article 11, Definitions. B. Existing Uses. 1. General. Any lawful use of land or structures existing on the effective date of the adoption or amendment of these zoning regulations, but which would become a nonconforming use under the terms of these Regulations or future amendments hereto, shall be permitted to continue, subject to the provisions of this section pertaining to its extension, alteration, reconstruction, business tax renewal, discontinuance or change. Any use or structure in lawful existence at the time of adoption or amendment of these zoning regulations which would thereafter require a conditional use approval under its provisions shall be construed to be a nonconforming use. Such uses or structures may become conforming upon application, review, and approval as a conditional use according to the procedures and standards set forth in these zoning regulations for conditional use approvals. However, if approval of a conditional use is not granted for such use or structure, then it shall continue to be construed as nonconforming. Any enlargement, increase, extension, or intensification of a use or structure would require such approval as if it were a new use or structure. Any alteration or movement of such use which the Development Director finds does not enlarge, increase, extend, or intensify the use, shall not require conditional use approval, but shall conform to all other applicable provisions contained in the Boynton Beach Land Development Regulations. 2. Exclusions (Ordinance 12-010). Any legally conforming use with previous city approval or in possession of an active Business Tax Receipt and/or Certificate of Use at the time of this ordinance, but no longer listed as 805 permitted or conditional in the zoning district in which it is located pursuant to Ordinance 12-010 shall continue to be considered conforming to the extent that it may expand business operations and/or associated building by up to twenty percent (20%), provided it does not expand onto an abutting lot. This same provision shall apply to the Land Use Option(s) of individual lots depicted on the Quantum Park Master Site Development Plan, C. Nonconforming Use Limitations, 1. Use of Land. No nonconforming use of land shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied on the effective date of the adoption or amendment of these Regulations, unless such use is subsequently changed to a use permitted in the district in which such use is located. No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use on the effective date of the adoption or amendment to these Regulations, nor shall such nonconforming use be moved to any other parcel or located in any district within which said use is not permitted. No additional structures or buildings shall be erected in connection with such nonconforming use of land. 2. Use of Structures. Any nonconforming use which occupies a portion of a building or other structure not originally designed or intended for such use shall not be extended to any other part of the building or structure. No nonconforming use may be extended to occupy any land outside the building or structure, nor any additional building or structure on the same plat, which was not used for such nonconforming use at the effective date of the adoption or amendment of these Regulations. No structure used for a nonconforming use shall be enlarged, extended, reconstructed, or structurally altered, unless the use is changed to one which complies with the provisions of these Regulations. However, ordinary repairs, maintenance and improvements, such as plumbing or wiring, replacement of non-bearing walls, fixtures or other interior alterations, shall be permitted each year in an amount not to exceed twenty-five percent (25%) of the assessed value of the building or structure for that year as determined by the Palm Beach County Property Appraiser, subject to the provisions of the preceding paragraph and provided such work does not increase the cubic volume of the structure, the floor area devoted to the nonconforming use or the number ofdwelling units, Nothing in these Regulations shall prevent compliance with applicable laws or ordinances relative to the safety and sanitation of a building occupied by nonconforming use. D. Change of Use. Any part of a structure or land occupied by a nonconforming use which is changed to or occupied by a conforming use shall not thereafter be used or occupied by a nonconforming use. A nonconforming use of land or structure shall not be changed to any other use except one which would be permitted as a conforming use in the district in which the land or building is located. However, no change shall be required in the plans, construction, or designed use of any structure for which a building permit was lawfully issued pursuant to Chapter 4, Article IX, and upon which construction has actually begun prior to the effective date of the adoption or amendment of these Regulations. E. Discontinuance. If for any reason a nonconforming use of land, structure or any part thereof ceases or is discontinued for a period of more than six (6) consecutive months, except when government action impedes access M thereto, the land shall not thereafter be used for a nonconforming use. The issuance or existence of a required business tax receipt, permit, or other governmental authorization to conduct such nonconforming use shall not mean that the use has not ceased, but that the lack of the same shall create a refutable presumption that the use has ceased. F. Nonconforming Lots/Structures. See Chapter 3, Article V, Section 11 for the regulations pertaining to nonconforming lots and structures. G. Designated Historic Sites. The restrictions of this Section that limit the extension, alteration, reconstruction, business tax renewal, discontinuance or change of a non -conforming use of property do not apply to a property that is listed on the City's Register of Historic Places. Sec. 6. Penalties. The city or any other legal authority shall enforce any violation of this article pursuant to the penalty provisions contained in Chapter 1, Article 1, Section 7 of these Land Development Regulations. 807 V CITY OF BOYN0NBEACH *** CUSTOMER RECEIPT *** Opar: 8Y82YLJ Type: OC Drawer: l Date: 7/11/23 01 Receipt no: 391774 Description Quantity Amount 99 MISCELLANEOUS 1.00 *200.0U 'Trans number: 10243484 8/L account number; 80188003419101 100 NEN LAKE 0R Tender detail CK CHECK 1591289 $200.00 Total tendered $200.00 Total payment $200.00 Trans date: 7/10/23 Time: 13:54:47 THANK YOU FOR YOUR PROMPT PAYMENT 808 fffwzgll� Project Number 23 00000044 Project Description ZCVL- INTERPRETATIONS -100 NEW LAKE DR. Deposit Balance .00 . ............ .. .. .. .... Select Amount to Apply Description Previously Applied Paid NaviLine HTML5 001 z I 10 14AMIN 19 Earn 11*1 ilk 14:4 ROM 200.00 Ms' =I hftps:llbyb2-nav5.aspgov.com:81001navilinelsession?fncid=PZS0000040&token=A6A49lC3FBA3E3C6F4A5C6CIDBClClClClCl D698D48791C8A... 809 FOLEY & LARDNER LLP July 3, 2023 Via E -Mail radi anA4bbfl.us Ms. Amanda Radigan, Director, Planning & Zoning City of Boynton Beach, Florida P.O. Box 310 Boynton Beach, Florida 33425 Re: Request for Formal Code Determination 100 New Lake Drive, Boynton Beach, Florida Dear Ms. Radigan, ATTORNEYS AT LAW 301 EAST PINE STREET, SUITE 1200 ORLANDO, FL 32801 407.423.7656 TEL 407.648.1743 FAX WWW.FOLEY.COM WRITER'S DIRECT LINE 407.244.7129 jbuak@Foley.com CLIENT/MATTER NUMBER 108627-0180 Our firm has the pleasure of representing the owners of The Cove at Boynton Beach Apartments (hereinafter, the "Pro e "), located at the above referenced address. They have asked us to seek a formal determination or interpretation of the City of Boynton's Code of Ordinances/Land Development Code (hereinafter, the "Code"). As you are aware our client desires to use a small percentage of the multi -family units existing at the Property for short-term rentals, and to date your department has taken the position that short- term rentals are transient lodging, which is not permitted within the Planned Use District ("PUD") zoning districts. We think it is important to point out initially, Section 509.032(7)(a & b), Florida Statutes, which the City of Boynton Beach is subject to, clearly preempts local jurisdictions from the regulation of public lodging establishments, and precludes local governments from prohibiting short-term vacation rentals or to restrict the duration or frequency of short-term vacation rentals.' A "public lodging establishment" includes transient public lodging establishments, which are any unit, group of units, dwelling, building or group of buildings within a single complex of buildings, which is rented to guests more than three times in a calendar year for periods of less than thirty (30) days or one (1) month, whichever is less, or which is advertised or held out to the public as a place regularly rented to guests. Under the state statutes, our clients proposed use would constitute a transient lodging establishment, for which the City is preempted from regulating or prohibiting ' This prohibition does not apply to any local law, ordinance or regulation adopted on or before June 1, 2011. AUSTIN DETROIT MEXICO CITY SACRAMENTO TALLAHASSEE BOSTON HOUSTON MIAMI SALT LAKE CITY TAMPA CHICAGO JACKSONVILLE MILWAUKEE SAN DIEGO WASHINGTON, D.C. DALLAS LOS ANGELES NEW YORK SAN FRANCISCO BRUSSELS DENVER MADISON ORLANDO SILICON VALLEY TOKYO 4862-0846-7821 1 810 FOLEY & LARDNER LLP July 3, 2023 Page 2 We have reviewed the City's Comprehensive Plan and found the Property to have a medium density residential classification, which would permit multi -family dwelling units. The Property is also zoned for the PUD district. Table 3-28 of the land development code establishes that Multi -Family Dwelling units are permitted by right in the PUD district. We have located no language within the land development code relative to the regulation of either public lodging establishments or vacation rentals. The term "land use" is defined in Section 163.3164(27), Florida Statutes, as the development that has occurred on the land, the development that is proposed by a developer on the land, or the use that is permitted or permissible on the land under the local jurisdictions land development code. Clearly, multi -family dwelling units are a permitted land use. Any regulation of the duration of a tenancy is specifically preempted under Florida law. There is limited Florida case law analyzing the preemption under Section 509.032, Florida Statutes. However, City of Miami v. AirBnB, Inc., 260 So. 3d 478, 482 (Fla. 3d DCA 2018) may be of assistance. In City of Miami, the court found that local zoning rules that banned short-term rentals in a residential zone of "predominantly permanent housing" was not preempted by 509.032(7)(b) because the local zoning rules were grandfathered as they were adopted in 2009. Even though the local zoning ordinance was updated after 509.032(7)(b) was put into effect, the court found that the local ordinance language was identical to the 2009 version, and therefore grandfathered into the exemption as if it were enacted before 509.032(7)(b). The court in City of Miami further found that the local ordinance clearly defined the zone in which it was prohibiting short-term and vacation rentals as "sub -urban" and "residential." And the city's express definition of "residential" is "land use functions redominantl o '" ermanent hausin." Because the city is regulating a zone that is predominantly permanent housing, instead of "temporary" or "transient" housing, the court found that the local ordinance is not prohibiting "vacation rentals," and therefore not preempted. That is not the case here. The City of Boynton Beach has not adopted an ordinance, prior to June 1, 2011 that banned short-term rentals in a residential zone of "predominantly permanent housing," as was the case in the City of Miami. Likewise, there are no code provisions that define or regulate vacation rentals, short-term rentals or public lodging establishments. "Municipal ordinances are subject to the same rules of construction as are state statutes." Rinker Materials Corp. v. City of North Miami, 286 So.2d 552, 553 (Fla. 1973). As with state statutes, courts "are prohibited from inserting words or phrases into municipal ordinances to express intentions that do not appear," Mandelstam v. City Comm`n of City of S. Miami, 539 So.2d 1139, 1140 (Fla. 3d DCA 1983), and must give the ordinance "the plain and ordinary meaning of the words employed by the legislative body," Rinker, 286 So.2d at 554. Moreover, "[z]oning laws are in derogation of the common law and, as a general rule, are subject to strict construction in favor of the 4862-0846-7821.1 811 FOLEY & LARDNER LLP July 3, 2023 Page 3 right of a property owner to the unrestricted use of his property." Mandelstam, 539 So.2d at 1140 (citing City of Miami Beach v. 100 Lincoln Road, Inc., 214 So.2d 39 (Fla. 3d DCA 1968)); see also Rinker, 286 So.2d at 553 ("Since zoning regulations are in derogation of private rights of ownership, words used in a zoning ordinance should be given their broadest meaning when there is no definition or clear intent to the contrary and the ordinance should be interpreted in favor of the property owner. Based upon the foregoing, we are asking the City to make a formal determination relating to short-term rentals at the Property. If prohibited, please provide the specific code provision upon which the City relies for its determination. We have enclosed a check for $200.00 to cover the expense of the Director's Determination. We look forward to hearing from you. Sincerely, Jeffrey P. Buak JPB:rdk Enclosure 4862-0846-7821.1 812 F0100000ii ATTORNEYS AT LAW mi�uY 301 EAST PINE STREET, SUITE 1200 °°°°°u . °°°°�°" ORLANDO, FL 32801 FOLEY & LARDNER LLP 407.423.407.648.11743743 FAX WWW.FOLEY.COM WRITER'S DIRECT LINE 407.244.7129 jbuak0foley.00m CLIENT/MATTER NUMBER 108627-0180 July 3, 2023 Via E -Mail radiaanAAbbfl.us Ms. Amanda Radigan, Director, Planning & Zoning City of Boynton Beach, Florida P.O. Box 310 Boynton Beach, Florida 33425 Re: Request for Formal Code Determination 100 New Lake Drive, Boynton Beach, Florida Dear Ms. Radigan, Our firm has the pleasure of representing the owners of The Cove at Boynton Beach Apartments (hereinafter, the "Property"), located at the above referenced address. They have asked us to seek a formal determination or interpretation of the City of Boynton's Code of Ordinances/Land Development Code (hereinafter, the "Code"). As you are aware our client desires to use a small percentage of the multi -family units existing at the Property for short-term rentals, and to date your department has taken the position that short- term rentals are transient lodging, which is not permitted within the Planned Use District ("PUD") zoning districts. We think it is important to point out initially, Section 509.032(7)(a & b), Florida Statutes, which the City of Boynton Beach is subject to, clearly preempts local jurisdictions from the regulation of public lodging establishments, and precludes local governments from prohibiting short-term vacation rentals or to restrict the duration or frequency of short-term vacation rentals.' A "public lodging establishment" includes transient public lodging establishments, which are any unit, group of units, dwelling, building or group of buildings within a single complex of buildings, which is rented to guests more than three times in a calendar year for periods of less than thirty (30) days or one (1) month, whichever is less, or which is advertised or held out to the public as a place regularly rented to guests. Under the state statutes, our clients proposed use would constitute a transient lodging establishment, for which the City is preempted from regulating or prohibiting ' This prohibition does not apply to any local law, ordinance or regulation adopted on or before June 1, 2011. AUSTIN DETROIT MEXICO CITY SACRAMENTO TALLAHASSEE BOSTON HOUSTON MIAMI SALT LAKE CITY TAMPA CHICAGO JACKSONVILLE MILWAUKEE SAN DIEGO WASHINGTON, D.C. DALLAS LOS ANGELES NEW YORK SAN FRANCISCO BRUSSELS DENVER MADISON ORLANDO SILICON VALLEY TOKYO 4862-0646-7821.1 814 CFOLEY FOLEY & LARDNER LLP July 3, 2023 Page 2 We have reviewed the City's Comprehensive Plan and found the Property to have a medium density residential classification, which would permit multi -family dwelling units. The Property is also zoned for the PUD district. Table 3-28 of the land development code establishes that Multi -Family Dwelling units are permitted by right in the PUD district. We have located no language within the land development code relative to the regulation of either public lodging establishments or vacation rentals. The term "land use" is defined in Section 163.3164(27), Florida Statutes, as the development that has occurred on the land, the development that is proposed by a developer on the land, or the use that is permitted or permissible on the land under the local jurisdictions land development code. Clearly, multi -family dwelling units are a permitted land use. Any regulation of the duration of a tenancy is specifically preempted under Florida law. There is limited Florida case law analyzing the preemption under Section 509.032, Florida Statutes. However, City of Miami v. AirBnB, Inc., 260 So. 3d 478, 482 (Fla. 3d DCA 2018) may be of assistance. In City of Miami, the court found that local zoning rules that banned short-term rentals in a residential zone of "predominantly permanent housing" was not preempted by 509.032(7)(b) because the local zoning rules were grandfathered as they were adopted in 2009. Even though the local zoning ordinance was updated after 509.032(7)(b) was put into effect, the court found that the local ordinance language was identical to the 2009 version, and therefore grandfathered into the exemption as if it were enacted before 509.032(7)(b). The court in City of Miami further found that the local ordinance clearly defined the zone in which it was prohibiting short-term and vacation rentals as "sub -urban" and "residential." And the city's express definition of "residential" is "land use functions . redominantl o'' : ermanent housing." Because the city is regulating a zone that is predominantly permanent housing, instead of "temporary" or "transient" housing, the court found that the local ordinance is not prohibiting "vacation rentals," and therefore not preempted. That is not the case here. The City of Boynton Beach has not adopted an ordinance, prior to June 1, 2011 that banned short-term rentals in a residential zone of "predominantly permanent housing," as was the case in the City of Miami. Likewise, there are no code provisions that define or regulate vacation rentals, short-term rentals or public lodging establishments. "Municipal ordinances are subject to the same rules of construction as are state statutes." Rinker Materials Corp. v. City of North Miami, 286 So.2d 552, 553 (Fla. 1973). As with state statutes, courts "are prohibited from inserting words or phrases into municipal ordinances to express intentions that do not appear," Mandelstam v. City Comm'n of City of S. Miami, 539 So.2d 1139, 1140 (Fla. 3d DCA 1983), and must give the ordinance "the plain and ordinary meaning of the words employed by the legislative body," Rinker, 286 So.2d at 554. Moreover, "[z)oning laws are in derogation of the common law and, as a general rule, are subject to strict construction in favor of the 4862-0846-7821.1 815 :FOLEY FOLEY & LARDNER LLP July 3, 2023 Page 3 right of a property owner to the unrestricted use of his property." Mandelstam, 539 So.2d at 1140 (citing City of Miami Beach v. 100 Lincoln Road, Inc., 214 So.2d 39 (Fla. 3d DCA 1968)); see also Rinker, 286 So.2d at 553 ("Since zoning regulations are in derogation of private rights of ownership, words used in a zoning ordinance should be given their broadest meaning when there is no definition or clear intent to the contrary and the ordinance should be interpreted in favor of the property owner. Based upon the foregoing, we are asking the City to make a formal determination relating to short-term rentals at the Property. If prohibited, please provide the specific code provision upon which the City relies for its determination. We have enclosed a check for $200.00 to cover the expense of the Director's Determination. We look forward to hearing from you, Sincerely, Jeffrey P. Buak JPB:rdk Enclosure 4862-0846-7821.1 816 Exhibit "C �M- 11 1 FOLEY & LARDNER LLP September 1, 2023 Via E -Mail and FedEx Deliver Development Department Planning & Zoning Division c/o Amana Radigan 100 E. Ocean Avenue Boynton Beach, Florida 33425 Email r a� k2',, l Re: Notice of Appeal of Administrative Determination Zoning Verification Letter (ZCVL #23-00000044) Dear Ms. Radigan, ATTORNEYS AT LAW 301 EAST PINE STREET, SUITE 1200 ORLANDO, FL 32801 407.423.7656 TEL 407.648.1743 FAX WW W.FOLEY.COM WRITER'S DIRECT LINE 407.244.7129 jbuakCfoley.00m CLIENT/MATTER NUMBER 108627-0180 As you know we represent SCG Atlas Boynton I, LLC, the owner of The Cove apartment community, located at 100 New Lake Drive, Boynton Beach, Florida 33426. In that regard, please allow this correspondence to serve as a Notice of Appeal of Zoning Verification Letter (ZCVL #23- 00000044). We have enclosed with this letter the filing fee of $750.00. As you are aware based on our understanding of applicable state law and local ordinances, my client and I do not agree with staff's interpretation of the Boynton Beach Code of Ordinances. First, despite our request for further detail, you have provided no evidence that our client's property was rezoned to planned unit development prior to June 1, 2011. However, even if the zoning occurred prior to June 1, 2011, your interpretation of the city's land development code is not consistent with either the city's code or state law. In particular, both state law and the city's code of ordinance define hotel and motel, and our client's proposed use of a small percentage of its rental units for short- term/vacation rentals clearly does not meet the intent of the definitions that they could be classified as either a hotel or motel. They are simply residential dwelling units and the real issue at hand is the duration of tenancy, which the city is prohibited from regulating. AUSTIN DETROIT MEXICO CITY SACRAMENTO TALLAHASSEE BOSTON HOUSTON MIAMI SALT LAKE CITY TAMPA CHICAGO JACKSONVILLE MILWAUKEE SAN DIEGO WASHINGTON, D.C. DALLAS LOS ANGELES NEW YORK SAN FRANCISCO BRUSSELS DENVER MADISON ORLANDO SILICON VALLEY TOKYO 4884-3421-78 817 fpkELYy FOLEY& LARDNER LLP FOLEY & LARDNER LLP September 1, 2023 Page 2 Please advise of the next steps for moving this matter forward to the City Commission for review. Sincerely, Jeffrey P. Buak JPB:rdk Enclosure 4884-3421-7E 818 FOLEY & LARDNER LLP 777 E Wisconsin Ave Milwaukee, WI 53202 PAY Seven Hundred Fifty and 001100 Dollar(s) PAY TO CITY OF BOYNTON'BEACH THE 100 E :Ocean Ave O RDE R Boynton Beach, FL 33425 FOR O. 1594394 Date September 01, 2023 Void After 90 Days 79.11601759 AMOUNT $.750.00 U S. Bank Wausau, Wisconsin . ,.M...a.aa......... ... � �,� �.....,..,,,.....µ..,....._..�....�_ 11'x,59439411' .1:Q?Sri I 6031: 755701992110 CHECKS OVER $50,000 REQUIRE TWO SIGNATURES 00000044 819 Exhibit "D" *RDINANCE NO. 098-,�?6 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING 66.16 ACRES OF LAND KNOWN AS WOOLBRIGHT PLACE PUD; AMENDING ORDINANCE 89-38 OF SAID CITY BY AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY BY ADOPTING THE PROPER LAND USE OF CERTAIN PROPERTY, MORE PARTICULARLY DESCRIBED HEREINAFTER; SAID LAND USE DESIGNATION IS BEING CHANGED FROM MODERATE DENSITY RESIDENTIAL TO HIGH DENSITY RESIDENTIAL; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element by Ordinance No. 89-38 in accordance with the Local Government Comprehensive Planning Act; and WHEREAS, the procedure for amendment of a Future Land Use Element of a Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and WHEREAS, after public hearing and study, the City Commission deems it in the best interest of the inhabitants of said City to amend the aforesaid Element of the Comprehensive Plan as adopted by the City herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY 820 COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section l: Ordinance No. 89-38 of the. City is hereby amended to reflect the following: That the Future Land Use of the following described land shall be designated as High Density Residential. Said land is more particularly described as follows: Woolbright Place Plat 1, according to the Plat thereof as recorded in Plat Book 67, pages 47 through 49 in the Public Records of Palm Beach County, Florida, Florida less Tract F, a total of 14.18 acres; and less 30 feet of the original 80 foot right- of-way, transferred from Woolbright Place PUD to Woolbright Place PCD, a total of 33,9000 square feet. Said lands lying and situate in Palm Beach County, Florida, containig 66.16 acres. Section 2: That any maps adopted in accordance with the Future Land Use Element shall be amended accordingly. Section 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4: Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 5: This effective date of this Ordinance shall be the date a final order is issued by the Department of 821 Community Affairs finding this amendment to be in compliance in accordance with Chapter 163.3184, F.S.; or the date a final order is issued by the Administration Commission finding this amendment to be in compliance in accordance with Chapter 163.3184, F.S. The notice of compliance becomes a final order 21 days following the issuance of the notice of compliance if during the 21 -day period no petitions are filed challenging the amendment. Once issued, the Notice of Intent shall be attached hereto as Exhibit " A" and made a part of this Ordinance by reference. FIRST READING this 7 day of July, 1998. SECOND, FINAL READING and PASSAGE this cam/ day of ooh �y 1998. ATTEST: (, Cit6 ty ��l1lft/® (Coo" ) s:coofid\w ... tl&�2e Church Land Use CITY OF BOYNTON BEACH, FLORIDA Mayor x.g " ltx n ice 5,001 Mayr Pro Tem Com ssioner 7WIU4 Commissioner ® X92 0i 822 FOLEY & LARDNER LLP September 1, 2023 Via E -Mail and FedEx Deliver Development Department Planning & Zoning Division c/o Amana Radigan 100 E. Ocean Avenue Boynton Beach, Florida 33425 Email r a� k2',, l Re: Notice of Appeal of Administrative Determination Zoning Verification Letter (ZCVL #23-00000044) Dear Ms. Radigan, ATTORNEYS AT LAW 301 EAST PINE STREET, SUITE 1200 ORLANDO, FL 32801 407.423.7656 TEL 407.648.1743 FAX WW W.FOLEY.COM WRITER'S DIRECT LINE 407.244.7129 jbuakCfoley.00m CLIENT/MATTER NUMBER 108627-0180 As you know we represent SCG Atlas Boynton I, LLC, the owner of The Cove apartment community, located at 100 New Lake Drive, Boynton Beach, Florida 33426. In that regard, please allow this correspondence to serve as a Notice of Appeal of Zoning Verification Letter (ZCVL #23- 00000044). We have enclosed with this letter the filing fee of $750.00. As you are aware based on our understanding of applicable state law and local ordinances, my client and I do not agree with staff's interpretation of the Boynton Beach Code of Ordinances. First, despite our request for further detail, you have provided no evidence that our client's property was rezoned to planned unit development prior to June 1, 2011. However, even if the zoning occurred prior to June 1, 2011, your interpretation of the city's land development code is not consistent with either the city's code or state law. In particular, both state law and the city's code of ordinance define hotel and motel, and our client's proposed use of a small percentage of its rental units for short- term/vacation rentals clearly does not meet the intent of the definitions that they could be classified as either a hotel or motel. They are simply residential dwelling units and the real issue at hand is the duration of tenancy, which the city is prohibited from regulating. AUSTIN DETROIT MEXICO CITY SACRAMENTO TALLAHASSEE BOSTON HOUSTON MIAMI SALT LAKE CITY TAMPA CHICAGO JACKSONVILLE MILWAUKEE SAN DIEGO WASHINGTON, D.C. DALLAS LOS ANGELES NEW YORK SAN FRANCISCO BRUSSELS DENVER MADISON ORLANDO SILICON VALLEY TOKYO 4884-3421-78 823 fpkELYy FOLEY& LARDNER LLP FOLEY & LARDNER LLP September 1, 2023 Page 2 Please advise of the next steps for moving this matter forward to the City Commission for review. Sincerely, Jeffrey P. Buak JPB:rdk Enclosure 4884-3421-7E 824 FOLEY & LARDNER LLP 777 E Wisconsin Ave Milwaukee, WI 53202 PAY Seven Hundred Fifty and 001100 Dollar(s) PAY TO CITY OF BOYNTON'BEACH THE 100 E :Ocean Ave O RDE R Boynton Beach, FL 33425 FOR O. 1594394 Date September 01, 2023 Void After 90 Days 79.11601759 AMOUNT $.750.00 U S. Bank Wausau, Wisconsin . ,.M...a.aa......... ... � �,� �.....,..,,,.....µ..,....._..�....�_ 11'x,59439411' .1:Q?Sri I 6031: 755701992110 CHECKS OVER $50,000 REQUIRE TWO SIGNATURES 00000044 825 v co N 00 O O O O O 'AO I N N LO M qql- 00 O W 3 i smV New Business 11/7/2023 Presentation regarding fleet management, due to the concerns with the auto strike, and the possible reduction in products. Requested Action: Requested by Commissioner Kelley. Attachments: Commission Presentation Fleet 827 olllt� JOY,qY . . . ....... . t'? g gg ...... ... . .. .. ..... . .......... A A 1,21f 'j"I"I"I'lln"I", /, " a g IM , 1��1111611 All E 06 kz E co LL 130 ui /, " a g IM , 1��1111611 c� a Z3 4-+ m /1 Al U) L -00-1 W c O 07 U i U) N C� Q Q Cn L m E E :3 /) N E N U N ry 0 M O L O U � O L0 Q E ca O cn O � � Ute'_' •o o o a' .� }, co c>n U O 0 .� a) N � a) ° �' o 0) 6 •— E- > � cn O a� z U CU CO i � NCM cn _0I '� N O Q L O M — O� L > 4-0m C C:O p C6 O M N �N E to E O" C:N O O U O O O O +� U g (6 Q i � co Q C/)U Q O T M ^U) W '�^� /) O O U U O N- 05 4-5 � O � _ Cn Z T M W L_ H r A--+ CU ti N M (1) c� o O U) .- LO ■� U .O cr n U M N L C/) O 0L. C/)_ O 0- C) L � 0L O C: C- > > M N M L O Q O p U) M, ti LO 0 U) U U El T�� tf coO O LO L O N U Q O co 0 cu W O 06 Ca > O N 0 Q - Q N Q 0L A-0 LL O E E O U U U O � _0 � o U) N A-0 4--p E _0 D O — LO N ti M N U Q O co 0 cu O 06 Ca L- Q - Q Q 0L O .E E O U U O � � M U) Z O /1 W D 0 od 12.A Legal 11/7/2023 City of Boynton Beach Agenda Item Request Form Meeting Date: 11/ 7/2023 Proposed Ordinance No. 23 -022 -First Reading- Police Impact Fee Ordinance. Requested Action: Approve an Ordinance of the City of Boynton Beach, Florida amending the Land Development Regulations, Chapter 2, Land Development Process; Article VI "Impact and Selected Fees" to amend Section 2 to adopt a Comprehensive Impact Fee Schedule for Police Facilities and adopting an Impact Fee Study. Explanation of Request: The City Commission retained the firm of Raftelis Financial Consultants, Inc. to study the need to impose impact fees for Police facilities. Raftelis Financial Consultants, Inc. has prepared and presented to the City Commission a report titled "City of Boynton Beach 2023 Police Impact Fee Study," dated September 25, 2023 (hereinafter the "Technical Report"), which establishes the proportionate share of new development's and/or business impacts on the public facilities for which impact fees are collected pursuant to this Ordinance. The City's Comprehensive Plan establishes a policy that incorporates a review process for assessing the adequacy of public services and facilities and does not allow new development unless adequate public capital facilities exist or are assured. The City's Comprehensive Plan further establishes the policy that new development is required to pay its proportionate share of required improvements for new or expanded public capital facilities required by such development. The City Commission has amended the Comprehensive Plan to include a Capital Improvement Schedule for public facility improvements to serve new development subject to the payment of impact fees, as supported by the Technical Report. To the extent new population growth and associated development imposes identifiable capital costs to municipal services, equity, and modern capital funding practices suggest the assignment of such cost to those new residents or system users responsible for such costs. The City of Boynton Beach (City) has recognized this capital funding strategy as being an appropriate method of funding certain growth -related capital requirements of the City. The City does not currently charge impact fees for police capital facilities. Raftelis Financial Consultants, Inc. (Raftelis) was retained to develop proposed impact fees for first time implementation for police capital facilities, as appropriate. 836 The following table summarizes the proposed impact fees for residential and non-residential classifications: Residential Impact Max Supportable Fee Unit Fee Single Family Dwelling $450 Unit Multi Family 2-4 Dwelling $416 units Unit Multi Family 5+ Dwelling $365 units Unit Non -Residential 1,000 Sq. $650 Commercial Hotel/Motel Per room $349 Office and 1,000 Sq. $227 Healthcare Ft. Institutional 1,000 Sq. $56 Industrial / 1,000 Sq. $24 Warehousing Ft. How will this affect city programs or services? N/A Fiscal Impact: The approval of the proposed ordinance adds Police Impact Fee revenue for growth related capital expenditures for the Police Department. Attachments: 23-022 Ordinance approving Police Impact Fee Police Impact Fee Study Report Consultant Presentation - Police Impact Fee Study Police Impact Fee Implementation Options 837 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 ORDINANCE NO. 23 - AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS ("LDRS"), CHAPTER 2, LAND DEVELOPMENT PROCESS; ARTICLE VI "IMPACT AND SELECTED FEES" TO AMEND SECTION 2 TO ADOPT A COMPREHENSIVE IMPACT FEE SCHEDULE FOR POLICE FACILITIES; ADOPTING AN IMPACT FEE STUDY FOR POLICE FACILITIES; AMENDING SECTION 9 TO CREATE AN IMPACT FEE SCHEDULE FOR POLICE FACILITIES; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, The City of Boynton Beach, Florida (the "City") has recently enacted Ordinance No. 23-013, dated July 18, 2023 (the "Impact Fee Ordinance"), which updated and amended impact fees relating to park and recreation facilities ("Park Impact Fees"), provided for adoption of the 2023 Parks and Recreation Impact Fee Study (the "Park Technical Report") prepared by Raftelis Financial Consultants, Inc. (the "Consultants") dated May 19, 2023, established criteria and administrative procedures for individual assessment of impact fees, refunds and collection of impact fees and amended Section 9 to create an impact fee schedule for parks and recreation impact fees; and WHEREAS The City does not currently charge impact fees for police capital facilities; and WHEREAS, The City Commission retained the Consultants to study the need to impose impact fees for police facilities ("Police Impact Fees"); and WHEREAS, The Consultant has prepared and presented to the City Commission a report titled, "City of Boynton Beach 2023 Police Impact Fee Study," dated October 20, 2023 (hereinafter the "Police Facilities Technical Report"), which establishes the proportionate share of new development's impacts on the police facilities for which Police Impact Fees are to be imposed and collected; and WHEREAS, the City of Boynton Beach's Comprehensive Plan establishes the policy that incorporates a review process for assessing the adequacy of public services and facilities and does not allow new development unless adequate public capital facilities exist or are assured; and CODING: Words in stfike thfatigk type are deletions from the existing law; Words in underscore type are additions. Page 1 of 14 838 32 WHEREAS, the City of Boynton Beach's Comprehensive Plan further establishes the policy that 33 new development is required to pay its proportionate share of required improvements for new or expanded 34 public capital facilities required by such development; and 35 WHEREAS, the City Commission has amended the Comprehensive Plan to include a Capital 36 Improvement Schedule for public facility improvements to serve new development subject to the payment 37 of impact fees; and 38 WHEREAS, pursuant to section 16' ).3180 Florida Statutes: 39 (a) the Police Facilities Technical Report and the Police Impact Fees recommended therein, are based 40 on the most recent and localized data; and 41 (b) the Impact Fee Ordinance included procedures for accounting and reporting of impact fee 42 collections and expenditures in order to ensure compliance with applicable legal standards; and 43 (c) the Impact Fee Ordinance included separate accounting funds for each public facility for which an 44 impact fee is collected; and 45 (d) administrative fees charged pursuant to the Impact Fee Ordinance for the collection of impact fees 46 are limited to actual costs; and 47 (e) the Impact Fee Ordinance requires audits of the City's financial statements to include an affidavit 48 of the City's chief financial officer stating that the requirements of section 163.31801, Florida 49 Statutes, have been complied with; and 5o (f) the Impact Fee Ordinance requires that the collection of the impact fee will not be required earlier 51 than the date of issuance of the building permit for the property that is subject to the fee; and 52 (g) the Police Facilities Technical Report demonstrates that the proposed Police Impact Fees are 53 proportional and reasonably connected to, or have a rational nexus with, the need for additional 54 capital facilities and the increased impact generated by new development, as described therein; 55 and CODING: Words in stfike tIretigk type are deletions from the existing law; Words in underscore type are additions. Page 2 of 14 839 56 (h) the Police Facilities Technical Report shows that the impact fees are proportional and reasonably 57 connected to, or have a rational nexus with, the expenditures of the funds collected from the Police 58 Impact Fees and the benefits accruing to new development; and 59 (i) the Impact Fee Ordinance specifically earmarks funds collected under the impact fee for use in 60 acquiring, constructing, or improving capital facilities to benefit new users and does not pay 61 existing debt or for previously approved projects unless the expenditure is reasonably connected 62 to, or has a rational nexus with, the increased impact generated by the new residential or 63 nonresidential construction; and 64 WHEREAS, in order to provide for the imposition and collection of the proposed Police Impact 65 Fees, it is necessary to amend the Impact Fee Ordinance to adopt and incorporate by reference the Police 66 Facility Technical Report and to create a Police Impact Fee schedule; and 67 WHEREAS, the Police Impact Fees assessed pursuant to this Ordinance are necessary to ensure 68 the public health, safety, and welfare of the residents of the City of Boynton Beach. 69 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY 70 OF BOYNTON BEACH, FLORIDA: 71 Section 1: The foregoing "WHEREAS" clauses are hereby ratified as being true and correct 72 and are hereby made a specific part of this Ordinance upon adoption hereof. 73 Section 2: Part 111, Land Development Regulations; Chapter 2, Land Development Process; 74 Article VI, Section 2, entitled "New Development Impact Fees" of the Code of Ordinances of the City of 75 Boynton Beach, is amended and restated to read as follows: 76 Sec. 2 New Development Impact Fees. 77 A. Procedural and Administrative Requirements 78 1. Purpose and Authority CODING: Words in stfike thretigk type are deletions from the existing law; Words in underscore type are additions. Page 3 of 14 840 79 a. The City Commission of the City of Boynton Beach recognizes that growth and development 80 in the City will require that the capacity of the City's public facilities be expanded in order to 81 maintain adequate levels of service, and that without a funded program for public facility 82 improvements, new growth, and development will have to be limited in order to protect the 83 health, safety, and welfare of the citizens of the City of Boynton Beach. 84 b. The City Commission has completed -a 4udy studies establishing the type, amount, and cost of 85 projected public facility improvements needed to serve new growth and development. 86 c. The purpose of this Section is to ensure that new growth and development that is approved by 87 the City pays a fair share of the costs of public facilities needed to serve new growth and 88 development. 89 d. This Section, which requires new development to pay reasonable impact fees, requires new 90 development to pay its pro rata share of the reasonably anticipated expansion costs of new 91 public facilities created by new growth and development, which is the responsibility of the City 92 in order to carry out its Comprehensive Plan, as amended, and adopted under -Ssections 93 163.3161, et seq., Florida Statutes, and is in the best interest of the public health, safety, and 94 welfare. 95 e. The City Commission of the City of Boyton Beach has determined that it is in the best economic 96 interests of the citizens of the City to ensure that certain forms of development be exempt from 97 the requirements of payment of certain impact fees. 98 f. The technical data, findings, and conclusions herein are based on the Comprehensive Plan, as 99 amended, and the Technical Reports. 100 2. Adoption of Technical Reports as Basis of Impact Fees. 101 a. The City hereby adopts and incorporates by reference; the report entitled "City of Boynton 102 Beach 2023 Parks and Recreation Impact Fee Study," prepared by Raftelis Financial 103 Consultants, Inc., dated May 19, 2023 (referred to herein as the "Park Facilites Technical 104 Report"), which, among other things, supports the amounts and reasonableness of the Park 105 impact fees imposed by this Article. CODING: Words in st+ike thfattgk type are deletions from the existing law; Words in underscore type are additions. Page 4 of 14 841 106 b. The City hereby adopts and incorporates by reference the report entitled "City of Bo. n o 107 Beach Police Impact Fee Study," prepared by Raftelis Financial Consultants, Inc., dated 108 October 20, 2023 (referred to herein as the "Police Facilities Technical Report," and to eg ther 109 with the Park Facilities Technical Report, the "Technical Reports"), which, among other things, 110 supports the amounts and reasonableness of the Police impact fees imposed by this Article. 111 3. Interpretations of Sections and fee schedule. 112 Interpretation of the provisions of this Section shall be made by the City Manager or the City 113 Manager's designee. 114 4. Effect on other regulations and requirements. 115 a. This Section may not be construed to alter, amend, or modify any other provision of the City's 116 LDRs and Code of Ordinances. Other provisions of the City's LDRs and Code of Ordinances 117 shall be operative and remain in full force and effect notwithstanding any contrary provisions, 118 definitions, or intentions that are or may be expressed or implied in this Section. 119 b. The payment of impact fees shall not entitle the applicant to a building permit unless all other 120 applicable land use, land development, zoning, planning, concurrency, and other applicable 121 requirements, standards, and conditions have been met. Such other requirements, standards, 122 and conditions are independent of the requirement for payment of impact fees required by this 123 Section. 124 c. This Section, including the specific impact fee ordinances for particular public facilities, shall 125 not affect, in any manner, the permissible use of property, density or intensity of development, 126 design and improvement standards, or other applicable standards or requirements of the LDRs. 127 B. Definitions 128 Article 113 of Part III of the LDRs entitled Definitions and general rules of construction shall apply 129 to this Article. However, the following words, terms, and phrases, when used in this Section, shall 130 have the meanings ascribed to them in this subsection, except where the context clearly indicates a 131 different meaning: 132 Alternate park impact fee shall mean the alternate to the parks and recreation impact fee 133 pursuant to Section 9 of Article VI of the LDRs. CODING: Words in strtlertgk type are deletions from the existing law; Words in underscore type are additions. Page 5 of 14 842 134 City park system shall include all parks and recreation facilities owned and operated by the 135 City and designed and intended to serve all City residents, including active parks, passive parks, 136 water access sites, and associated recreational facilities and buildings, but does not include those 137 parks and recreational facilities that are owned and operated by any private entity, the federal 138 government, or Palm Beach County or those parks and recreational facilities that are owned and 139 operated by the State of Florida. 140 City police department shall include police headquarters, other associated facilities, and 141 buildings owned and operated by the City and also includes police vehicles and equipment used in 142 connection with the performance of police duties, including communication, detection, 143 surveillance, defense, and detention, but does not include those police facilities that are owned and 144 operated by the federal government, State of Florida or Palm Beach County. 145 Developer shall mean a person, corporation, organization, or other legal entity undertaking 146 development. 147 Development shall mean any new residential or nonresidential construction or expansion 148 of building(s) or structure(s), or any changes in the use of any building(s) or structure(s) or land 149 use that will generate additional impact on the City's public facilities. 150 Encumbered shall mean legally obligated or otherwise committed to use by appropriation 151 or contract. 152 Fair share shall mean that share or portion of the cost of public facility improvements 153 which is reasonably connected to, or has a rational nexus with, the need for additional capital 154 facilities and the increased impact generated by the new residential or commercial construction. 155 Fee payer shall mean a person undertaking development who pays a fair share impact fee 156 in accordance with the terms of this Section. 157 Impact fee shall mean a fee imposed pursuant to this Section, including park and recreation 158 impact fees and police impact fees. 159 Impact fee account shall mean an account established by the City for the purpose of 160 segregating impact fee revenues collected for a particular public facility from all other City funds. CODING: Words in stfike thfattgk type are deletions from the existing law; Words in underscore type are additions. Page 6 of 14 843 161 Infrastructure means a fixed capital expenditure or fixed capital outlay, excluding the cost 162 of repairs or maintenance, associated with the construction, reconstruction, or improvement of 163 public facilities that have a life expectancy of at least 5 years; related land acquisition, land 164 improvement, design, engineering, and permitting costs; and other related construction costs 165 required to bring the public facility into service. The term also includes a fire department vehicle, 166 an emergency medical service vehicle, a police department vehicle, and the equipment necessary 167 to outfit the vehicle for its official use. 168 Level of service is a measure of the availability and accessibility of public facilities in 169 support of public facility services. 170 Non -commencement shall mean the cancellation of construction activity making a material 171 change in a structure; or the cancellation of any other development activity making a material 172 change in the use or appearance of land. 173 Parks and recreation facilities shall mean the land, buildings, structures, equipment, and 174 facilities as may be necessary to meet the needs €erof the City parks and recreation system, which 175 are created by new development, including those costs .ethat are incidental to the above. 176 Parks and recreation facilities capital costs include, but are not limited to, capital costs 177 associated with the planning, design, and construction of new or expanded parks and recreation 178 facilities, which have a life expectancy of five or more years, and the land acquisition, land 179 improvement, design, and engineering related thereto. Such costs do not include routine and 180 periodic maintenance expenditures or personnel, training, or other operating costs, but do include 181 the following as they relate to the provision of parks and recreation facilities: 182 (1) The cost of all labor and materials; 183 (2) The cost of all lands, property, rights, easements, and franchises acquired, including costs 184 of acquisition or condemnation; 185 (3) The cost of all plans and specifications; 186 (4) The cost of new equipment; 187 (5) The cost of all construction, new drainage facilities in conjunction with new buildings and 188 structures, and site improvements required in accordance with the Comprehensive Plan 189 and/or LDRs; CODING: Words in stfike thfattgk type are deletions from the existing law; Words in underscore type are additions. Page 7 of 14 844 190 (6) The cost of relocating utilities to accommodate new construction; 191 (7) The cost of planning, engineering, and legal services; 192 (8) The cost of all land surveying, and soils and materials testing; and 193 (9) The cost of mitigating negative impacts of construction, including natural resource impacts, 194 environmental impacts, noise impacts, air quality impacts, and community impacts. 195 Park and recreation impact fee shall mean impact fees relating to park and recreational 196 facilities. 197 Park tacilities tTechnical report shall mean the "City of Boynton Beach 2023 Parks and 198 Recreation Impact Fee Study, " prepared by Raftelis Financial Consultants, Inc., dffd dated May 199 19, 2023. 200 Police facilities shall mean the land, buildings, structures, equipment, and facilities as may 201 be necessary to meet the needs for the provision of police services at the same level of service, 202 which are created by new development, including those costs that are incidental to the above. 203 Policefacilitiestechnical report shall mean the "City of Boynton Beach Police Impact Fee 204 Study," prepared by Raftelis Financial Consultants, Inc., and dated October 20, 2023. 205 Police facilities capital costs include, but are not limited to, capital costs associated with 206 the planning, design, and construction of new or expanded police facilities, which have a life 207 expectancy of five or more years, and the land acquisition, land improvement, design, and 208 engineering related thereto. Such costs do not include routine and periodic maintenance 209 expenditures or personnel, training, or other operating costs, but do include the followingas s they 210 relate to the provision of police facilities: 211 (1) The cost of all labor and materials; 212 (2) The cost of all lands, property, rights, easements, and franchises acquired, 213 including costs of acquisition or condemnation; 214 (3) The cost of all plans and specifications; 215 (4) The cost of new equipment; CODING: Words in s4ike thfertgk type are deletions from the existing law; Words in underscore type are additions. Page 8of14 845 216 (5) The cost of all construction, new drainage facilities in conjunction with new 217 buildings and structures, and site improvements required in accordance with the Comprehensive 218 Plan and/or LDRs; 219 (6) The cost of relocating utilities to accommodate new construction; 220 (7) The cost of planning. engineering, and legal services; 221 (8) The cost of all land surveying, and soils and materials testing 222 (9) The cost of mitigating negative impacts of construction, including natural resource 223 impacts, environmental impacts, noise impacts, air quality impacts, and community impacts. 224 Police impact tee shall mean impact fees relating to police facilities. 225 Public facilities shall mean means major capital improvements, including; parks and 226 recreational facilities and police facilities for which impact fees are collected pursuant to this 227 Article. 228 Public facilities capital costs include parks and recreation facilities capital costs and police 229 facilities capital costs. 230 Technical Reports shall mean collectively, the park facilities technical report and the police 231 facilities technical report. 232 ... 233 E. Individual assessment of impact fees. 234 1. Any applicant, prior to or in conjunction with the submission of an application for a building permit 235 or within 30 days of the date of payment of impact fees, may petition the City Manager or City 236 Manager's designee for a determination that: i) the type of impact fee (park impact fee or police 237 impact fee), the amount of the impact fees imposed on the new development is inappropriate based 238 on the specific land use category applied to the residential or nonresidential development and/or 239 based on the amount of development used to calculate the impact fees and/or based on the service 240 units, as identified in the Technical Reports, to be generated by the applicant's new development as 241 documented by studies and data supported by qualified experts, or ii) the impact fees are otherwise 242 unlawfully imposed. The petition shall specify in detail the basis on which the applicant asserts that 243 the amount of the impact fees is inappropriate or unlawful. CODING: Words in s4ike thfertgk type are deletions from the existing law; Words in underscore type are additions. Page 9 of 14 846 244 ... 245 1. Updating, indexing, annual reporting, and audits. 246 1. At least once every five years, the City shall update the Technical Reports which provides the basis 247 for the impact fees imposed under this Section. 248 2. Audits of the City's financial statements, which are performed by a certified public accountant 249 pursuant to F.S. §218.39, and submitted to the auditor general, must include an affidavit signed by 250 the Finance Director, in compliance with the requirements of F.S. §163.31801. The City will 251 provide for annual accounting and reporting of impact fee collections and expenditures and will 252 account for the revenues and expenditures of such impact fee in a separate accounting fund. 253 3. All updates and annual adjustments to this Section shall comply with statutory requirements for 254 notice and publication. 255 Section 3: Part III, Land Development Regulations; Chapter 2, Land Development Process; 256 Article VI, Section 9, entitled "Imposition of impact fees" of the Code of Ordinances of the City of Boynton 257 Beach, is amended and restated as follows: 258 Sec. 9. Imposition of impact fees. 259 The following impact fees are hereby levied on all new development, as set forth in Section 2(C) 260 of Article VI of the LDRs: 261 A. Parks and recreation impact fee. MMJ Type of Dwelling Unit Impact Fee Per Dwelling Unit 10-16-2023 Impact Fee Per Dwelling Unit 10-16-2024 Single Family per Unit $1,920.00 $2,560.00 Dwellings AT/ 2-4 Units $1,725.00 $2,299.00 Multifamily 5+ Units $1,436.00 $1,914.00 f 264 1. A parks and recreation impact fee shall be assessed and collected from new development, 265 pursuant to all applicable provisions of this Article, in accordance with the fee schedule. 266 2. There is hereby established a parks and recreation impact fee account into which all parks and 267 recreation impact fees collected shall be deposited. Parks and recreation impact fee revenues CODING: Words in s4ike thfertgk type are deletions from the existing law; Words in underscore type are additions. Page 10 of 14 847 268 shall be spent only on parks and recreation facilities and parks and recreation facilities capital 269 costs as provided in this Section. 270 3. Alternate to parks and recreation impact fee: 271 a. Land Donation in lieu of impact fee. Some or all of the park and recreation facilities impact 272 fee obligation may be satisfied by dedication of land to the city for park and recreation 273 facilities. The process of donation may be initiated by the applicant or the city upon the 274 formal filing of a development application and prior to the completion of staff reviews. 275 When staff anticipates the need for a land dedication in lieu of an impact fee, staff shall 276 notify the property owner/applicant at the pre -application conference. Staffs notification 277 to the property owner/applicant shall include a statement that only the City Commission 278 has the authority to decide when a land dedication will be required in lieu of the payment 279 of the impact fee. In either case, the decision to accept land in lieu of a fee is reserved to 280 the City Commission. 281 b. Master or Site Plan. When either an applicant or the city proposes a land dedication in lieu 282 of all or part of the required cash fee, the applicant shall submit to the Director of Parks 283 and Recreation a proposed plan for the dedication of land for impact fee satisfaction. The 284 proposed plan shall include a legal description of the land and a written appraisal of the 285 land, along with a proposed date for the donation of the land. Upon receipt of the proposed 286 plan, the Director of Recreation and Parks shall schedule a hearing before the City 287 Commission and provide the applicant with written notice of the time and place of the 288 hearing. Such hearing shall be held in accordance with the City Commission rules for 289 conducting quasi-judicial hearings. The City Commission, following a written 290 recommendation from the Director of Parks and Recreation and the City Manager, shall, 291 following the public hearing, determine whether it shall require a land dedication in lieu of 292 a fee by consideration of the following: 293 (1) Suitability. The land should be suitable for future park and recreation facilities based 294 upon the size, shape, topography, geology, access, and location of the proposed 295 development; Page 11 of 14 CODING: Words in stfike * type are deletions from existing law; Words in underlined type are additions. 848 296 (2) No Defects. The land must have no known physical or environmental problems such 297 as with drainage or flooding, or on-site safety hazards associated with it; and 298 (3) Consistency. The location of the land and its potential for development should be 299 consistent with the city's Recreation and Parks Strategic Plan 300 c. Approval. Nothing contained herein should be construed to prevent the City Commission 301 from exercising its authority to decline the donation of land as partial or full satisfaction of the 302 parks and recreation impact fee. 303 d. Fair Market Value. The fair market value of said land dedicated in lieu of a cash fee will be 304 credited to the applicant against the impact fee as set forth in this section. If the fair market 305 value exceeds the applicant's impact fee obligation, the reimbursement will be made to the 306 applicant by direct cash payment from the trust fund. 307 e. Appraisal. The value of the proposed land to be dedicated shall be based upon a written 308 appraisal of fair market value by a qualified and professional appraiser, and based upon 309 comparable sales of similar property between unrelated parties in a bargaining transaction, if 310 available. The appraiser must: be a Member of the Appraisal Institute (M.A.I.); have his or her 311 principal office for business in Martin, Palm Beach, or Broward County; and have been 312 qualified to testify as an expert on land valuation in a court proceeding in at least three (3) legal 313 proceedings involving a governmental entity. The fee of the appraiser shall be paid by the 314 applicant when a dedication in lieu of a cash fee is requested by the applicant and by the city 315 when the dedication in lieu of a cash fee is initiated by the city. 316 B. Police impact fee. 317 (Remainder of the Page intentionally left blank) 318 319 320 321 322 323 324 Page 12 of 14 CODING: Words in stfike * type are deletions from existing law; Words in underlined type are additions. 849 325 326 327 328 329 330 331 332 POLICE IMPACT FEES DESCRIPTION UNIT OF MEASURE FEE Residential Single-family Dwellin Unit i4510.00 Multi -family — Buildings with 2 — 4 Units Dwelling Unit $416.00 Multi -family -Buildings with 5+ Units Dwellin Unit 365.00 Non-residential Commercial 1 000 S .Ft. $650.00 Hotel and Motel Per Room J149.00 Office and Healthcare 1 000 S .Ft. $227.00 Institutional 1,000 S .Ft. $ 56.00 Industrial/Warehousing 1,000 Sq.Ft. $ 24.00 f 11 Should none of the above land uses adequately define a proposed non-residential development as determined by the City Manager, at the Manager's discretion the following average charge per square foot of non- residential development is considered appropriate: $434.00 per 1,000 sq. ft. I. A police impact fee shall be assessed and collected from new development, pursuant to all applicable provisions of this Article, in accordance with the fee schedule above. 333 2. There is hereby established a police impact fee account into which all police impact fees 334 collected shall be deposited. Police impact fee revenues shall be spent only on police 335 facilities and police facilities capital costs as provided in this Section. 336 337 Section 4: Codification. It is the intention of the City Commission of the City of 338 Boynton Beach, and it is hereby ordained that the provisions of this Ordinance shall become and be made 339 a part of the Code and Ordinances of the City of Boynton Beach, Florida, and that Sections of this Ordinance 340 may be renumbered, re -lettered and the word "Ordinance" may be changed to "Section," "Article," or such 341 other word or phrase in order to accomplish such intention. 342 Section 5: Severability. If any clause, section, or other part of this Ordinance shall be held 343 by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid Page 13 of 14 CODING: Words in stfike * type are deletions from existing law; Words in underlined type are additions. 850 344 part shall be considered as eliminated and in no way affecting the validity of the other provisions of this 345 Ordinance. 346 Section 6: Conflicts. That all Ordinances or parts of Ordinances, Resolutions, or parts 347 of Resolutions in conflict herewith, be and the same are repealed to the extent of such conflict. 348 Section 7. Effective Date. That this Ordinance shall take effect 90 days after adoption and 349 signature by the Mayor. 350 FIRST READING this 7th day of November, 2023. 351 SECOND, FINAL READING AND PASSAGE this day of , 2023. 352 CITY OF BOYNTON BEACH, FLORIDA 353 354 355 356 357 358 359 360 361 362 363 364 365 366 ATTEST: 367 368 369 Maylee DeJestis, MMC 370 City Clerk 371 372 373 (Corporate Seal) 374 375 376 CODING: 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: Shawna G. Lamb City Attorney Page 14 of 14 Words in stfike * type are deletions from existing law; Words in underlined type are additions. 851 FEENWRIMMEM/01 I 1111111 IIIIII� cllt11111111111S''tUdy 111111`110 ASIG° Illi........... S 852 VIII :A F VIII VIII October 20, 2023 Honorable Mayor and Members of the City Commission City of Boynton Beach 100 E. Ocean Avenue Boynton Beach, FL 33435 Subject: Police Impact Fee Study Ladies and Gentlemen: We have completed our study of the police impact fees for the City of Boynton Beach (City) and have summarized the results of our analysis, assumptions, and conclusions in this report, which is submitted for your consideration. This report summarizes the basis for the proposed impact fees in order to provide funds to meet the City's capital expenditure requirements for such services allocable to new development. During the course of the study, it was determined that the proposed impact fees should meet a number of goals and objectives. These goals and objectives primarily deal with fee sufficiency and level. Specifically, the major objectives considered in this study include: r The Impact Fees should be sufficient to fund the portion of the capital requirements associated with providing service capacity to new development; The Impact Fees should not be used to fund deficiencies in capital needs, if any; and The Impact Fees should be based upon reasonable level of service standards, which meet the needs of the City and are similar to industry standards. The proposed police impact fees presented in this report should meet the above objectives, as identified during this study. As such, based on information provided by the City and the assumptions and considerations reflected in this report, Raftelis Financial Consultants, Inc. (Raftelis) considers the proposed fees to be cost -based, reasonable, and representative of the funding requirements of the City. (Remainder of page intentionally left blank) 3�411 1119 II allU airupl Nivenue, So.ulltia 300, 11A.,,alU aund, II"':II32751 vanuarw a naf Il e II lia„a. c o n nn 853 Honorable Mayor and Members of the City Commission City of Boynton Beach October 20, 2023 Page 2 We appreciate the cooperation and assistance given to us by the City and its staff in the completion of the study. Very truly yours, RAFTELIS FINANCIAL CONSULTANTS, INC. Henry L. Thomas Vice President Shawn A. Ocasio Manager HLT/dlc Attachments 854 TalbNeof Contents ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~ List Executive Suimimairy aind ��*����������U�m���~��U��� ................................................������ . ..-----------------------------------... ----..Es 1 |[,JGSA�'�,fl) G�JS---------------------------... ----..E!!!!!S 2 Section 1 1-1 |'iTiRo ��)UcT|0�--------------------------------------------'�-� ALTH�R|37AT|(}`4--------------------------------------... -----1-1 I",|AF0FR|V1F�%CTFE.-------------------------------... -----1-1 |KjF!IACTFEE0ETH(D D'D----------------------------------... -----..1-3 [----------------------------------------..1-3 Section 2 .- Clity --..----------------------------------------... ----'2-1 AT|(J[,JAi',H) TT-------------------------'2-1 1,) \j CT|��\Ai &T|CJt,,i/\LLOCA T|(J"'i----'--------------------... ----'2-2 .. 2-3 Section 3 .— PoN~ce Nimpact IFee Ain aNys 3-1 (SE',,iEFRA L--..---------------------------------------- ... ----'3-1 L[)F&EF�/|(,E"TAi',[A�!RDS-----------------------------... -----3�1 EEX|ST|\iGF'Gi AS&ETS---------------------------------... ----'3 2 CAP|TAi !!!!l Ai',i 3 3 DE&|G',,i 0F !!!!Vi ("AP|TALFAC|L|TY|%F!!�ACTFE1 3-3 POLICE CAPITAL FACILITIES IMPACT FEE ASSUMPTIONS ............................................................... 3-4 |��MF\A[[FEECO ��M !R|SONS 3 6 �����o in 1111311?,i! c::h lmrmd sh,ldy ltide o� (�onderl�s 855 Section 3 City 1)en°wgraplsics: 2-1 Population Detail and Housing Elements 2-2 Functional Population and Employment Data l tiomi ,3 Police lm :ice m�:llls� c FA �A � nalysiu - m„ ec 3-1 Summary of Existing Personnel 3-2 Summary of Existing Capital Equipment, Vehicles, and Facilities 3-3 Summary of Proposed Capital Equipment, Vehicles, and Facilities 3-4 Summary of Capital Costs to Provide Police Services 3-5 Impact Fee Design 3-6 Police Impact Fee Comparison App uillkes: A Florida Impact Fee Act B Functional Allocation of Existing Capital Equipment, Vehicles, and Facilities C Land Use Impact Fee Categorizations l'dilly o Ill111a ,loin Illl�ii� ,�q:;,�m / I r fli : IIn iia, + I 856 Executive �, i III .�i ,� I �i�, y The purpose of an impact fee is to assign, to the extent practical, growth -related capital costs to the new development responsible for such costs. To the extent new population growth and associated development imposes identifiable capital costs to municipal services, equity and modern capital funding practices suggest the assignment of such cost to those new residents or system users responsible for such costs. The City of Boynton Beach (City) has recognized this capital funding strategy as being an appropriate method of funding certain growth -related capital requirements of the City. The City does not currently charge impact fees for police capital facilities. Raftelis Financial Consultants, Inc. (Raftelis) was retained to develop proposed impact fees for first time implementation for police capital facilities, as appropriate. Based on the subsequent discussions in this section, the following table summarizes the proposed impact fees for residential and non-residential classifications as follows: Maximum Description Impact Fee Unit Supportable Fee Residential: Single-family Dwelling Unit $450.00 Multi -family — Buildings with 2 — 4 Units Dwelling Unit 416.00 Multi -family — Buildings with 5+ Units Dwelling Unit 365.00 Non-residential Commercial 1,000 Sq. Ft. $650.00 Hotel / Motel Per Room 349.00 Office and Healthcare 1,000 Sq. Ft. 227.00 Institutional 1,000 Sq. Ft. 56.00 Industrial / Warehousing 1,000 Sq. Ft. 24.00 [1] Should none of the above land uses adequately define a proposed non-residential development as determined by the City Manager, at the Manager's discretion the following average charge per square foot of non-residential development is considered appropriate: $434.00 per 1,000 sq. ft. (Remainder of page intentionally left blank) IlNt'ht of IIIIN�o,yntoin Illlt ,i! 4!r�::: m / I ri flk e irl"incI II ic& uh, 857 A comparison of the City's proposed single-family residential impact fees levels to other local municipalities is shown below for informational purposes. ",500 00 l e ideantiaal Single Faaannily Police lnnipaaet Fee Omiparisonn Proposed Rate - $450.00 C 4 > �`Mc> 41 Ilk 6 61 c sluhgh,Faaundly 4>khVVasIOVia8aC:"auvuxIM"XAtie ,°twa?s• 4e ($326.46) As shown on the previous page, the City's calculated impact fees are generally comparable to the impact fees charged by other Florida communities surveyed. The following is a summary of our observations and recommendations following the investigations and analyses included in the preparation of this report: The impact fees must be reasonably related to the cost of providing capital facilities / equipment needed to accommodate new growth. The impact fees collected must be used by the City to address the capital costs related to serving new development. Based on the information made available by the City, the proposed impact fees are intended to meet these Florida legal requirements. °2. Pursuant to Florida Statutes Section 163.31801, the City must provide notice no less than 90 days before the effective date of an ordinance or resolution imposing a new or increased impact fee. I Collection of the fee may not be required before the issuance of the building permit. l dii' 3f oIIII IIIN�an'Usin I1111iiNi,a!���!:h / Iriadce Ili iilwin 9 II i�: a: &Ni,,ar ��r `�+si7irri �i, � a���2 858 4 . In compliance with Florida Statutes the City should collect and maintain revenue from the municipal fee in designated sub -accounts and use such fees on those facilities designated for each purpose. The City should adopt the impact fees as proposed to ensure adequate funding sources are available to fund future service expansion projects needed to provide the identified level of service to new growth. The fees developed within this report reflect recovery of identified costs though the City has discretion to phase in or otherwise adopt less than the fully calculated fees. However, the adoption of fees less than the fully calculated rates should be applied to all land uses equally in order to maintain the calculations herein in correct proportion. Adopting less than the calculated rates would increase the reliance on General Fund and other revenue sources to meet the capital demands of growth. The subsequent sections of this report provide detailed discussions on the assumptions and methodology used in the development of the proposed impact fees for police capital facilities. (Remainder of page intentionally left blank) IlNtllp of 1:,:11o, mm�toin IIII; c::�:h i�rgl�ncl & uh, I � +,t.e'P,i�vr `wsi'1'ir1`r ri 4r.�a 859 .: roduct lam. The City of Boynton Beach (City) is located in Palm Beach County (County) north of Miami and south of West Palm Beach. The City comprises approximately 17 square miles and provides police services to year-round and seasonal residents. Based on the published U.S. Census in 2020, the City's permanent population was 80,380. Based on historical growth trends discussions with the City's Planning Department, the estimated 2022 permanent population was approximately 81,900 with an additional seasonal population of about 8,000. It is anticipated that the City will have modest growth over the next 30 years with the City's permanent population projected to reach 96,000 with approximately 39,800 housing units by 2050 (Forecast Period). In order to meet this anticipated growth and development and to maintain current levels of service, the City's Police Department will need to fund capital improvements to serve such development. The City's currently does not charge impact fees for police capital facilities but has recognized that impact fees are an appropriate funding strategy to recover the costs of capital facilities associated with growth. Therefore, the City authorized Raftelis to design police impact fees and develop proposed fees for consideration. Raftelis was authorized by the City to develop police impact fees pursuant to an agreement between the City and Raftelis. The scope of work for this project, as defined in the agreement, was to: Review and analyze the capital requirements of the City that are needed to meet the level of service standards for the police department's function. This analysis includes a review of i) the existing and future facility and equipment inventory of the department; ii) service area population and development demographics and future needs; and iii) fee application methodology. Where appropriate, develop a fee to be charged to new development in order to recover the capital costs associated with providing police capital facilities. This analysis includes the apportionment of costs among customer / development classifications, and the development of the fee per equivalent billing unit. Develop a comparison of police impact fees and associated billing attributes for similar charges imposed by other neighboring jurisdictions. Prepare a report that documents our analyses, assumptions, and conclusions for consideration by the City Manager and City Commission. 1 1)e1 1.a . , :1 1, D111: 11 � el The purpose of an impact fee is to assign, to the extent practical, growth -related capital costs to those new customers that benefit from the facilities funded by such expenditures. To the extent new population growth and associated development imposes identifiable capital costs to municipal services, equity and modern capital funding practices suggest the assignment of such costs to those new residents or system users responsible for 11:Illy of IllIlll�oymm�toin Illl;iii?,�q!r�::: m / I Ii�flw(�ii:� Ihnipad I 1:::e &:dk)n .Y in1r,rd,..i, GJorii 11-1 :.1 such costs rather than the existing population base. Generally, this practice has been labeled as "growth paying its own way." Historically, impact fees in Florida were a result of home rule powers with the requirements associated with the development, administration, accounting, and expenditure governed by case law. However, Section 163.31801 of the Florida Statutes, known as the "Florida Impact Fee Act," was created on June 14, 2006, which placed specific requirements and limitations on that home rule authority. This statute has been amended several times since its initial adoption, including significant additional provisions in 2021 such as limiting the percentage increase for a change in impact fees. Appendix A at the end of the report includes the full Florida impact fee statute. The statute provides specific impact fee criteria, certain precedents established by case law also constitute the legal requirements associated with impact fees. Some of the major criteria includes the following: The impact fee should be reasonably equitable to all parties; that is, the amount of the fee must bear a relationship to the demand for services; The system of fees and charges should be set up so that there is not an intentional windfall to existing users; The impact fee should, to the extent practical, only cover the capital cost of construction and related costs thereto (engineering, legal, financing, administrative, etc.) for increases in or expansions of capacity or capital requirements for major facilities that are required due to growth. Therefore, expenses due to normal renewal and replacement of a facility (e.g., replacement of a capital asset) should be borne by all users of the facility or municipality. Similarly, increased expenses due to operation and maintenance of that facility should be borne by all users of the facility; and The local government must adopt a revenue-producing ordinance that explicitly sets forth restrictions on revenues (uses thereof) that the imposition of the impact fee generates. Therefore, the funds collected from the impact fees should be retained in a separate account, and separate accounting must be made for those funds to ensure that they are used only for the lawful purposes described. Based on the criteria provided above, the impact fees herein will: i) include local current costs of improvements associated with the capacities needed to serve new growth; ii) not reflect costs of improvements associated with the renewal and replacement (R&R) of existing capital assets or deficiencies in level of service attributed to existing development; and iii) not include any costs of operation and maintenance of the capital improvements and equipment. This section provides only a general background regarding impact fees. Certain circumstances and issues regarding the interpretation of specific statutes or case law should be addressed by qualified legal counsel. (Remainder of page intentionally left blank) ry�,� Ill 1N:,mmm:ui Illlm ,�r��,m / r�mdi���,: Ih7ia �� �! �,�N.ed����,,, 861 There are different methods for the calculation of an impact fee. The calculation is dependent on the type of fee being calculated (e.g., police, recreational services, transportation, etc.), cost and engineering data available, and the availability of other local data such as household and population projections, current levels of service, and other related items. The proposed fees reflected in this report are predominantly based on a combination of two methods. These two methods were: i) the improvements -driven method; and ii) the buy -in or recoupment approach. These methods have been utilized in the development of impact fees for local governments throughout Florida. The improvements -driven method is an approach that utilizes a specific list of existing or planned capital improvements over a period of time. For example, the fee may correspond to the level of capital improvements that have been identified in the capital improvements element of the Comprehensive Plan or capital improvement budget of the entity. The buy -in or recoupment method is based on the historical cost of assets, and adjustments to the basis of these assets, currently in service and with capacity available to serve new growth. The primary difference between the two methodologies is how the capital costs, which must be recovered from the application of the fee, are calculated. The proposed impact fees herein for the police capital facilities include the application of these methods based on the capital facilities required to provide such services and meet the City's service level standards. For police services these level -of -service (LOS) standards can vary by community as each municipality establishes its unique vision for the quality of life. Where appropriate, the blending of methods occurred and a more complete discussion of the methods used for the development of the impact fees are presented in Section 3. �'"""�'LI II: II 21I II I Report In addition to Section 1, this report has been subdivided into two (2) other sections. The following is a brief discussion of the remaining sections included in this report. Section 2 — City Demographics. This section of the report provides a general discussion of the residential and proposed non-residential land use characteristics. Also presented in this section is a discussion on the functional population methodology used to develop the residential and nonresidential weighting factors as well as the forecast of the residential population and dwelling units that are necessary in the design of the impact fees for the municipal services. Section 3 — Police Capital Facilities Impact Fee Analysis. This section discusses the development of the police impact fee, including the capital requirements associated with providing police facilities to the City's residents, the methodology for the determination of the proposed fees, assumptions utilized in the design of the fees, and other factors associated with the fee determination. (Remainder of page intentionally left blank) 11:Illy of IllIlll�oymm�toin Illl;iii?,�q!r�::: m / I rimdw�ii:� I11�11pad I 1:::e°"��N��i����,�, 862 This section provides a general discussion of the current service area, including population and housing statistics and other demographic information related to land use. Additionally, a discussion of the anticipated growth in population and associated growth in residential dwelling units is also contained in this section along with a discussion on the functional population approach used to develop the non-residential land use factors. Population n 1n 111111, A forecast of the population of the City is needed in order to: i) have an appropriate planning horizon to ensure that capital improvement needs and costs are apportioned over a suitable growth segment; ii) link LOS requirements to the capital facility plan; and iii) identify any deficiencies in existing capital facilities related to the LOS standards and current population served. As shown in Table 2-1 at the end of this section, the City's total estimated population is 81,873 in 2022. Based on information provided by the City, it is estimated that the total population will approach approximately 88,578 permanent residents by 2023 and 96,038 residents by the year 2050. Thus, the population growth anticipated by the City is expected to be moderate, approximately 0.8% on an average annual basis through the year 2032 and then conservatively by 0.5% percent through the year 2050. [1] Future population estimates shown based on a review of historical population growth as obtained from the U.S. Census Bureau and discussions with City staff. To the extent the projection of fixture development materially changes, it would then be appropriate for the City to re-evaluate the impact fees developed in this report. (Remainder of page intentionally left blank) :Illy t IIl�II6; ym tm;: ui Illlt�ii ,r : r��:tm / r��dw �:: Ihril �,�+ I !� ,e 1k)ri ::1 I ;���ri 863 Total Permanent Avg. Permanent Permanent Seasonal and Seasonal Total Population per Year Population Population Population Dwelling Units Dwelling Unit [A] [B] =[A]/[B] 2022 [1] 81,873 8,024 89,897 33,943 2.41 2025 83,614 8,194 91,808 34,665 2.41 2030 87,549 8,580 96,129 36,296 2.41 2032 88,578 8,681 97,259 36,723 2.41 2035 90,144 8,834 98,978 37,372 2.41 2040 92,380 9,053 101,433 38,299 2.41 2045 94,207 9,232 103,439 39,057 2.41 2050 96,038 9,412 105,450 39,816 2.41 [1] Future population estimates shown based on a review of historical population growth as obtained from the U.S. Census Bureau and discussions with City staff. To the extent the projection of fixture development materially changes, it would then be appropriate for the City to re-evaluate the impact fees developed in this report. (Remainder of page intentionally left blank) :Illy t IIl�II6; ym tm;: ui Illlt�ii ,r : r��:tm / r��dw �:: Ihril �,�+ I !� ,e 1k)ri ::1 I ;���ri 863 In order to develop impact fees by land use, the capital costs need to be apportioned between residential and non- residential properties. The apportionment is accomplished through a functional population allocation method. The use of functional population[ll to develop more equitable impact fees has widely been used in Florida since the 1980s and remains a vital tool in estimating service demands between customer classes. Specifically, this methodology is applied to apportion capital costs associated with police protection services allocable to the non- residential classes. The concept of functional population is incorporated in order to spread capital costs more equitably between residential and non-residential land -uses. Businesses place demands upon public services in the same manner as residents do, and it is equitable to spread these costs based on the average number of people expected to be present. For residential use, the allocation is calculated per resident based on the average amount of time spent at the residence. The resident's remaining time is then allocated as either an employee and/or visitor to the remaining non- residential classes as determined using traffic generations, estimated employment data, and anticipated operations. The net result is the total number of person hours per location. Table 2-2 provides the details used to estimate the functional population coefficients. Generally, the following results were observed: Residential costs are based on the average amount of time spent at home or approximately 61% for each citizen on average. r Non-residential costs are based on the remaining time (39%) that each citizen serves as a visitor or employee within the community. Regarding nonresidential land uses, based on discussions with the City, five (5) main land use categories were developed for the purposes of applying the impact fees to new nonresidential development. These categories were developed to attempt to reasonably differentiate between the nonresidential land uses and their demands for police services while also not creating an administrative burden on the City. The main categories are listed below with a brief set of example land uses that would fall within them based on the City's land use matrix. Commercial — Restaurants, new and used merchandise stores, grocery stores, hardware stores, convenience stores, clothing stores, electronics and appliance stores, gas stations, automotive part stores, specialty food stores, car washes, bars and night clubs, etc. r Office and Healthcare — Business or professional officers, call centers, bank and financial offices, counseling offices, medical or dental offices, real estate businesses, investigative services, call centers, hospitals, etc. r Hotel and Motel — Hotel and motel establishments, bed and breakfasts, etc. r Institutional — Churches, civic and fraternal clubs, museums, art campuses, colleges, seminaries, universities, industrial and trade schools, primary and secondary schools, professional and technical schools, etc. [1] Nicholas, Nelson, and Juergensmeyer. A Practitioner's Guide to Development Impact Fees. American Planning Association, 1991. Ilii' 1 1i�.ri i1� f::ovr,i„m, �V7i�_��, nib � III�III: , mm m�: ui Illl iii �� r�;, m l I r�rdw �,o lh`ri �,�, ::u� �"��N�,��J� pn�1 2- 864 Industrial / Warehousing — Food processing facilities, commercial bakeries, medical equipment and supply, plastic products, rubber products, textile products, metal fabricated products, wood products, pharmaceutical and medicine products, storage facilities, warehousing, wholesale trade, etc. It should be noted that the listing of examples below is not exhaustive and that the full listing will be included as Appendix C to this report. The functional population results were used to develop the police capital facilities impact fees provided for in Section 3 of this report. In order to develop recreational impact fees based on the type of residential properties to estimate the impact on police capital facilities, Raftelis evaluated the existing residential units within the City. Based on the historical relationships of persons per dwelling unit for single-family and multi -family property types used in the existing fees as well as revised population and unit data from the Census Bureau an estimate of persons per unit was developed and is shown below. Single-family, Attached or Detached Persons per Household — 2.63 Dwellings in Buildings Containing Two (2) to Four (4) Units — 2.36 M Multi -family (Dwellings Containing Five [5] or More Units) — 1.97 (Remainder of page intentionally left blank) :Illy � IIl�II6: rmm m�: ui Illl : iii ,� r��: m / r�mdw �:: Ihril �,�+ :!� �"�;N�,°y ,e n 1k)n ::1 I 2,,,-3 865 Page 1 of 1 Section 2 City of Boynton Beach Utility and Municipal Impact Fee Study List of Tables Table Description 2-1 Population Detail and Housing Elements 2-2 Functional Population and Employment Data :.. Annual Line Average No. Fiscal Year Rate 1 2022 1.16% 2 2025 0.70% 3 2027 0.92% 4 2030 0.92% 5 2032 0.59% 6 2035 0.59% 7 2040 0.49% 8 2045 0.39% 9 2050 0.39% 10 Overall 2022 - 2050 0.57% Footnotes Page 1 of 1 Table 2-1 City, of Boynton Beach, Florida Municipal Impact Fee Study Population Detail and Housing Elements Permanent Seasonal Total Total Avg. Permanent Population [1] [2] Population Population Units [2] Pop. per Unit [A] [B] =[A]/[B] 81,873 8,024 89,897 33,943 2.41 83,614 8,194 91,808 34,665 2.41 85,166 8,346 93,513 35,308 2.41 87,549 8,580 96,129 36,296 2.41 88,578 8,681 97,259 36,723 2.41 90,144 8,834 98,978 37,372 2.41 92,380 9,053 101,433 38,299 2.41 94,207 9,232 103,439 39,057 2.41 96,038 9,412 105,450 39,816 2.41 [1] Fiscal Year 2022 population based on inforniation provided by the City. [2] Population projection based on County projections as provided by the City. 867 ! } § f/ \ 2 } \ n \ \ ) \ ) \\\ \ �\ \ ) - C.: 2 - ;}s 2 ----- ,){ \\\\\ \\ \\\ \\ \\ \ Ell I's ! } § f/ \ 2 } \ n \ \ ) \ ) \\\ \ �\ \ ) - C.: 2 - M� \ } \\\ \\ \ ) \\\\\ \\ \\\ \\ \\ \ M� V11J% , IF P This section provides a discussion of the development and design of the proposed impact fee for Police capital facilities. Included in this section is a discussion of the City's adopted level -of -service (LOS) standards, capital costs included as the basis for the fee determination, and the design of the fee to be applied to new growth within the City. In the evaluation of the capital facility needs for providing municipal services such as police protection, an LOS standard should be developed. Pursuant to Section 163.3164, Florida Statutes, the "level of service" means an indicator of the extent or degrees of service provided by, or proposed to be provided by, a facility based on and related to the operational characteristics of the facility. Level of service shall indicate the capacity per unit of demand for each public facility or service. Essentially, the level of service standards is established in order to ensure that adequate facility capacity will be provided for future development and for purposes of issuing development orders or permits, pursuant to Section 163.3202(2)(g) of the Florida Statutes. As further stated in the Administrative Code, each local government shall establish a LOS standard for each public facility located within the boundary, for which such local government has authority to issue development orders or permits. Such LOS standards are set for each individual facility or facility type and not on a system -wide basis. Based on information provided by the City's Police Department, there currently are 69.5 civilian and administrative FTE (Full Time Equivalent) positions and 162 FTEs for patrols officers funded in the amended 2023 budget to serve a total permanent population of approximately 81,900 permanent residents as shown in Table 3-1. The current level of service being provided is 1.98 full-time sworn officers per 1,000 population served. The City's currently level of service is generally comparable with police staffing guidelines as published by state and national law enforcement agencies as follows: r The Federal Bureau of Investigation, U.S. Department of Justice, Uniform Crime Report that indicated an average achieved standard of 2.4 police officers and support personnel per 1,000 inhabitants in the United States. 1111111 The Florida Department of Law Enforcement recognizes a state average of 2.42 officers per 1,000 population for police departments. Each full-time patrol officer requires a complement of personnel equipment, vehicles and other equipment, and base facilities, as follows: Personnel Equipment: Each sworn officer must be equipped with uniforms, weapons, and other relevant personal equipment to perform his/her duties. A few of the basic issue items include: q, Service weapons; 2, Ballistic (protective) vest; � nib � IIl�II6; m m;: ui Illl iii ,� r��: m / r�rdw �:: Ihril �,r+ ::��� :.' 3, Handcuffs and less lethal weapons; and 4. Portable radio. It should be noted that while these types of assets are necessary to provide police service the Florida Impact Fee Act limits the types of assets that can be included in the calculation of the impact fee and short-lived (useful lives of less than 5 years) minor equipment type assets are not included in our fee calculations. Vehicles and Other Equipment: The department maintains a fleet of patrol and administrative vehicles to provide police protection services to the City. The City anticipates having to add additional police officers by 2027 to keep pace with projected population growth while maintaining service levels. Generally, each vehicle must be equipped with relevant communications, detection / surveillance, and defense equipment. Other mission essential equipment used in operations include communication, detection / surveillance and defense equipment and also include radar units, computers, and less lethal weapons. These vehicles and equipment needs have been included in the impact fee calculation, which will allow the City to accrue a portion of costs over time from new growth. Base Facilities: The City's existing police headquarters currently accommodates the department's existing personnel and is anticipated to meet the needs of new growth as well. As discussed above, the City has made existing investments in police services, and plans to make future improvements that will serve new growth. Tables 3-2 and 3-3 at the end of this section provide a detailed listing of the existing and planned equipment, vehicles, and facilities, respectively. The combined investment totals after adjustments are approximately $24.0 million as shown in Table 3-4. Ex s . IIIA[ 11*cc, Assets In the development of the fee, the original costs of the existing assets and any grant funding or contributions towards those assets were considered. The City's existing assets are categorized by major type and are summarized below. Description Original Cost Includable Costs Machinery and Equipment $1,834,449 $0 Major Vehicles 3,877,904 3,877,904 Other Capital Equipment and Facilities 22,738,661 22,738,661 Subtotal $28,451,014 $26,616,565 Grant Funded Facilities ($0) ($0) Total $28,451,014 $26,616,565 [1] Amounts as shown on Table 3-2. As shown above, of the $28,451,014 in police assets, $26,616,565 is included in the calculation of the impact fee as the Florida Statutes limit the inclusion of short-lived capital equipment and as a result of the City obtaining no grant funding and capital contributions, which could offset the capital cost to the City. :Illy t IIl�II6; m tm;: ui Illl : iii ,� r��: m / r�rdw �:: Ihril �,r+ I !� seep ori 3, nilr,ac: e Ariinly i , I 3 2 870 (11'al') 1." Lai lrnproverIIIu!nt Plan In the development of the proposed fee, the following capital improvement requirements were provided by the City. Along with the City's existing investment in police assets, these capital requirements are anticipated and designed to maintain the department's ability to provide service to the City's buildout population level and fulfill the identified level of service standards. The City's capital requirements are categorized by type of expenditure and are summarized below. Description Amount Major Vehicles $2,005,200 Other Major Capital Equipment and Facilities 4,977,500 Subtotal $6,982,700 Grants (1,025,000) Net Future City Investments in Police Assets $5,957,700 [1] Amounts as provided by City staff and are shown on Table 3-3. As can be seen above, the City anticipates spending $6,982,700 in order to further develop the police assets and facilities to provide the desired level of service to the City as it grows through 2027. These amounts were then adjusted to account for grants by $1,025,000. The net amount recognized in the calculation of the fee was $5,957,700. Design of Poli'(-,Ri� Capital Fa(,-J',�Hfly Impael Fee The method used to determine the police services impact fee is a combination of the improvements -driven method and buy -in method as the recoupment of a portion of existing investments availability to serve new growth and the costs associated with adding additional capacity to service the City's future needs are recognized. This method was based upon a four -step process. Table 3-4 helps to illustrate the results of the approach. The following is a brief description of the method used in this study. Development of Total Capital Need — Based on the previously noted existing investment in the department that is includable in per the Florida Statutes plus the includable portion of the multiyear capital plan the total investment in police department capital facilities was developed. This amount then allocated based on the level of officers served by those assets is approximately $140,000 per officer. In order to maintain the existing level of service the City is projected to need an additional 7 officers for a total of 169 by 2027. The total includable investment on a per officer basis of $140,340 applied to these projected 169 officers comes to a total projected investment of $23,717,503. This amount is the total allocated capital cost to serve the projected population growth. Allocation of Base Capital Costs to Customer Classes — This step allocates the base capital costs, the reserved service capacity allocable to all customer classes irrespective of call demand. The base costs are calculated on a per person basis and then allocated between residential and non-residential land -uses based on "functional population" estimates. Allocation of Variable Costs to Customer Classes — This step allocates the remaining capital costs between the resident and non-residential land -uses based upon estimated call demand as provided by the City. � tni� t IIl�II6; ym tm;: ui Illl iii ,� r��: m / r�rdw �:: Ihril �,r+ I ::!� 871 Therefore, some classes of land -use, which may incur few or no service calls, will carry a lower cost than other high -demand sectors such as commercial. Calculation of Cost per Equivalent Impact Fee Unit — Once the allocated base and variable costs are identified per land -use, they are summarized and presented as a unit of measure basis; per dwelling unit, per 1,000 square feet, per bed, or per room. Table 4-5 provides a detailed listing of the proposed impact fees and their appropriate land -use and measures. POLICIE CAPITAL FACILITIES IMPACT T FI I USI I 'SII I The development of the police services impact fees required several assumptions. The major assumptions used in the development of the proposed impact fees are as follows: In the development of the capital costs to serve growth, the total existing and projected capital costs of providing police services were developed as described previously based on existing asset records and proposed capital expenditures through 2027. The total existing and projected investment of $23.7 million was the cost basis used in the development of the fees. :. In the development of the capital costs, it was assumed that the existing level of service would be maintained by the City by the end of the Forecast Period. This level of service includes only the number of full-time patrol officers to serve the general population of the City. As previously mentioned, the level of service assumed in this study is 1.98 full-time patrol officers per 1,000 of population. The estimated capital base costs or reserved service capacity, allocable to all customer classes were allocated between the residential and non-residential customer classes based on "functional population" estimates. The concept of functional population is incorporated in order to spread capital costs more equitably between residential and non-residential land -uses. Businesses place demands on police services in the same manner as residents do, and it is equitable to spread these costs based on the average number of people expected to be present. For the residential uses, the allocation is calculated per resident based on the average amount of time spent at the residence. The resident's remaining time is then allocated as either an employee and/or visitor to the remaining non-residential classes as determined using traffic generations, estimated employment data, and operational details. The net result is the total number of person hours per location as derived from Table 2-2 in Section 2. The base costs are calculated on a per person basis and then applied to the residential and non-residential land -uses based upon the respective functional population coefficient. 4 . The estimated variable capital cost of providing for a full-time patrol officer was allocated between the residential and non-residential customer classifications based on the estimated percentage of service calls made by the Police Department as provided by the City on a per class basis. IMPACT IF FEE CALCULATION Based on the above -referenced assumptions, the allocated capital facilities, and the population and land use projections of the City, the police services impact fees for the residential and non-residential customer classifications were developed. As shown in Table 3-5 at the end of this section, the cost per equivalent impact fee unit by customer classification was determined. The following summarizes the proposed changes to the residential police protection impact fees: � nib � IIl�II6; m m;: ui Illl iii ,� r��: m / r�rdw �:: Ihril �,r+ ::��� 872 Description Residential: Single-family Multi -family — Buildings with 2 — 4 Units Multi -family — Buildings with 5+ Units Non-residential: Commercial Hotel and Motel Office and Healthcare Institutional Industrial / Warehousing Unit of Measure Proposed Dwelling Unit $450.00 Dwelling Unit 416.00 Dwelling Unit 365.00 1,000 Sq. Ft. $650.00 Per Room 349.00 1,000 Sq. Ft. 227.00 1,000 Sq. Ft. 56.00 1,000 Sq. Ft. 24.00 [1] Should none of the above land uses adequately define a proposed non-residential development as determined by the City Manager, at the Manager's discretion the following average charge per square foot of non-residential development is considered appropriate: $434.00 per 1,000 sq. ft. Taking into account the methodology used for the determination of the fee and the estimates associated with determining the police capital needs of the City, it is concluded that the proposed impact fees are reasonable. It should be noted that in the development of the fee per equivalent impact fee unit, that no credits associated with developer land dedication or other similar activities have been recognized. Also, it should be noted that the proposed incremental capital improvements are stated in Fiscal Year 2023 dollars and do not include any inflationary allowances. To meet the City's needs in terms of providing the necessary police -related capital improvements required by growth, the City should implement the fees as demonstrated on the table above. In the development of the cost per equivalent impact fee unit, it was determined that the rate should be applied on a "per dwelling unit" basis for the residential class and primarily on a "per square footage" of commercial development for the non-residential class. As shown in Table 3-5, some non-residential land uses are measured by units other than square feet. These factors are common throughout the state as the equivalent impact fee unit for fee determination. The use of these equivalency factors was based on industry practices, discussions with the City, comparisons of fee applicability provisions of neighboring jurisdictions, and promotion of administrative simplicity. (Remainder of page intentionally left blank) IlNt'lp of II11ii1lo,yntoin Illlt r4!r�::: m i�rgl rc:I u:K, � e,� f orii 3, nilr,ac: e Am!rl„ i , I 3 5 873 "ifi ,111rlC l .. 1 '' In order to provide the City additional information about the proposed impact fees, a comparison of the proposed fees for the City and those charged by other jurisdictions was prepared. Table 3-6 at the end of this section summarizes the impact fees for police capital facilities charged by other communities with the proposed rates of the City. Please note that each community may establish a different LOS standard to meet its demographic needs for police services and capital facilities. The City can anticipate variances between other communities. I Residential Single Family Police Impact Fee Comparison Proposed Rate - $450.00 ` 4Y v qtr h �w�c"0 ro5 1 41 GY a shag a. Family q fi wr ti°'lorida Con i umnnifi es` Av erage ($w126,46) (Remainder of page intentionally left blank) 11:Illyollll III,1IIIaupm~mUsin Illi X11?,i!q!r�!!hhil•�mJ &udv SeUon ,, 1::1i:6:e liyigmca l :::iie Amtflh "i , 13 ill 874 Page 1 of 1 Section 3 City of Boynton Beach Police Impact Fee Study List of Tables Table Description 3-1 Summary of Existing Personnel 3-2 Summary of Existing Capital Equipment, Vehicles and Facilities 3-3 Inventory of Proposed Capital Equipment, Vehicles and Facilities 3-4 Summary of Capital Costs to Provide Police Services 3-5 Impact Fee Design 3-6 Police Impact Fee Comparison 875 Page 1 of 1 Table 3-1 City of Boynton Beach Police Impact Fee Study Summary of Existing Personnel Allocation to Future Officers Line Adopted Amended Allocation Achieved No. Description Budget [1] Budget [2] Basis LOS Personnel 1 Police Chief 1.0 1.0 2 Deputy Chief 1.0 1.0 3 Assistant Police Chief 2.0 2.0 4 Police Major 3.0 3.0 5 Police Captain 6.0 6.0 6 Police Sergeant 23.0 23.0 7 Police Officer (Funded by CRA) 3.0 3.0 8 Police Officer 117.0 123.0 9 Total Sworn Officers 156.0 162.0 Per 1,000 Population 1.98 10 Public Service Aides 6.0 6.0 11 Public Service Aides (CRA Funded) 1.0 1.0 12 Criminal Intelligence Analyst 1.0 1.0 13 Police Budget Services Administrator 1.0 1.0 14 Fitness and Wellness Coordinator 0.0 1.0 15 Police Administrative Specialist 1 5.0 4.0 16 Police Administrative Specialist Il 1.0 1.0 17 Redlight Camera Adminstrator 0.0 1.0 18 Accreditation Manager 1.0 1.0 19 Real Time Crime Center Analyst 1.0 1.0 20 Digital Forensic Specialist 1.0 1.0 21 Animal Cruelty Investigator 1.0 1.0 22 Victim Advocate 1.0 1.0 23 Police Services Manager 1.0 1.0 24 Evidence Technician 2.0 2.0 25 Crime Scene -Unspecified Personnel * 4.0 4.0 26 Police Records Manager 1.0 1.0 27 Police Records Technician 9.0 9.0 28 Manager, ITS 1.0 1.0 29 Network Administrator /Systems Engineer 1.0 1.0 30 Police Video & Technology Security Administrator 1.0 0.0 31 CAD & RMS Administrator 0.0 1.0 32 Communications/Network Coordinator 1.0 1.0 33 Police Digital Sys & Public Records Spec 1.0 0.0 34 Computer Support Specialist, Senior 1.0 1.0 35 Computer Support Specialist 1.0 2.0 36 Manager, Communications Systems 1.0 1.0 37 Communications QA Supervisor 1.0 1.0 38 Police Records Technician 0.5 0.5 39 Victim Advocate (Fund 105) 1.0 1.0 40 Communications Supervisors 4.0 4.0 41 Unspecified Personnel * 16.0 16.0 42 Assistant to the Chief 1.0 1.0 43 P10 1.0 0.0 44 Assistant Manager, Communications Systems 1.0 0.0 45 Total Personnel 226.5 231.5 Footnotes: [1 ] As shown in the Fiscal Year 2023 Adopted Budget as provided by the City. [2] As shown in the Fiscal Year 2023 Amended Budget as provided by the City. 876 Page 1 of 1 Table 3-2 City of Boynton Beach Police impact Fee Study Summary of Existing Capital Equipment, Vehicles and Facilities Line No. Description Estimated Costs [I] Allocation to Existing Units Allocated Costs Total Officers Served [2] Average Cost Per Officer Machinery & Equipment 1 General Equipment $1,834,449 0.0% $0 162.0 $0 2 Major Vehicles & Vehicle Related Equipment 3,877,905 100.0% 3,877,905 162.0 23,938 Other Capital Equipment and Facilities 3 Land, Building and Other Major Capital Equipment 22,738,661 100.0% 22,738,661 250.0 90,955 4 Subtotal Other Capital Equipment and Facilities $28,451,014 $26,616,565 $114,892 5 Grants Funded / Contributed Assets $o 100.0% $o 162.0 $0 6 Total Adjusted Existing Capital Investment $28,451,014 93.6% $26,616,565 $114,892 Footnotes: [1] Amounts shown based on cost information provided by the City and detailed in Appendix B. 877 0 O CL. C4 C4 c C4� m C v y aid �� m m cdcdZ72ZcCZa'wwzzz 0 0 0 0 0 0 0 o c c c c c c o o o o S �o O O M N n cn M O N V1 O O V] O O O O C N c ^ C JC V O O O C l� ai O �C Vl V V D1 n l� b Vl O O �n O O O O C NM C C �O O M C^ C w O C O C C O O C va o 0 0 o N o c o o l� O O O C V1 N C N B M w N � w 0 0 0 0 0 0 o N c N N N l0 C C C C C O C C C "c C C O O O C O C O N O N vi vi O O vi C S V w v, o C C c o C c C C o w 878 Page 1 of 1 Table 3-4 City of Boynton Beach Police Impact Fee Study Summary of Capital Costs to Provide Police Services Line No. Description Total Existing & Planned Costs [1] Amount of Officers Served [2] Average Cost Per Officer Total Officer Requirements [3] Total Projected Investment 162 Recoupment Costs [41 7 [4] Amounts derived from Table 2-2. [5] Amounts reflect existing and future facilities estimated to serve 250 officers. 1 Machinery & Equipment $0 162 $0 169 $0 2 Major Vehicles 3,877,905 162 23,938 169 4,045,468 3 Facilities & Other Capital Equipment [5] 22,738,661 250 90,955 169 15,371,335 4 Total Recoupment Costs $26,616,565 $114,892 $19,416,803 Proposed Capital Additions [61 5 Major Vehicles $2,005,200 169 $11,865 169 $2,005,200 6 Future Facilities 4,977,500 250 19,910 169 3,364,790 7 Total Proposed Costs $6,982,700 $31,775 $5,369,990 Additional Cost or Adjustments [7] 8 Less Proposed Future Capital Grants ($1,025,000) 162 ($6,327) 169 ($1,069,290) 9 Total Additional Costs or Adjustments ($1,025,000) ($6,327) ($1,069,290) 10 Total Allocated Costs $32,574,265 $140,340 $23,717,503 Footnotes: [ 1 ] Amounts based on information provided on Table 3-2 and Table 3-3. [2] Existing vehicles assumed to serve the current required number of officers of 165 as calculated below. For the purposes of allocating facility costs, both existing and future facilities estimated to serve 250 officers. [3] Future Patrol Officer Requirements based on level of Service Standards adopted by the City. Future Patrol Officer needs are calculated as follows: Projected Population at 2027 85,166 Targeted LOS per 1,000 population 1.98 Total Patrol Officers Required in 2027 169 Total Patrol Officers Required based on LOS 162 Total Additional Officers Required to Serve Growth 7 [4] Amounts derived from Table 2-2. [5] Amounts reflect existing and future facilities estimated to serve 250 officers. [6] Amounts derived from Table 2-3. [7] Amounts reflect credit for historical grants received for equipment needs. No future grants currently anticipated by staff. 879 Page 1 of 1 Table 3-5 City of Boynton Beach Police Impact Fee Study lmuact Fee Desien Footnotes [1] Base Capacity estimated as follows: Existing Population 81,873 Existing LOS per 1,000 population 1.98 Proposed Linc Minimum Service Level per 1,000 population 1.50 Functional Persons per Base Cost Base Cost Variable Cost Impact Fee No. Land Use Unit of Measure Pop. Factor Unit per Person [I] Per Unit Per Unit [2] (Rounded) Residential Total Estimated Capital Costs - Investment in Police Services Less Amount allocated to Base Capacity Total Variable Cost 1 Single Family Per Unit Dwelling Unit 0.605049 2.63 $211.65 $337.15 $112.85 $450.00 2 Multifamily -Buildings with 2-4 Dwelling Units Dwelling Unit 0.605049 2.36 211.65 302.70 112.85 416.00 3 Multifamily- Buildings with 5+ Dwelling Units Dwelling Unit 0.605049 1.97 211.65 252.10 112.85 365.00 Non -Residential 4 Industrial/Warehousing 1,000 Sq Ft 0.087542 N/A $211.65 $1853 $5.85 $24.00 5 Institutional 1,000 Sq Ft 0.200298 N/A 211.65 42.39 13.39 56.00 6 Hotel and Motel Rooms 1.253928 N/A 211.65 265.39 83.81 349.00 7 Office and Healthcare 1,000 Sq Ft 0.816132 N/A 211.65 172.73 54.55 227.00 8 Commercial 1,000 Sq Ft 2.332701 N/A 211.65 493.72 155.92 650.00 9 Should none of the above land uses adequately define a proposed non-residential development as determined by the City Manager, at the Manager's discretion the following average charge per non-residential development is considered appropriate: Non-residential 10 Total Cost per Person [ Base ] [L] 5211.65 11 Percent Allocable to Resident 70.00% 12 Amount Allocable to the Resident $148.16 13 Amount Allocable to Non-residential 563.49 14 Plus Cost per Person [ Variable ] [2] 66.84 15 Amount Allocable to Non-residential 5130.33 16 Square Feet of Non-residential Development per Person 300.00 17 Persons per 1,000 Square Feet 3.33 18 Avcrage Cost per 1,000 Square Feet of Non-residcntial Dcvclopmetht $434.00 19 Rounded Average Cost per 1,000 Square Feet ofNon-residential Development $434.00 Footnotes [1] Base Capacity estimated as follows: Existing Population 81,873 Existing LOS per 1,000 population 1.98 Total Papal Officers Acquired - LOS 162 Minimum Service Level per 1,000 population 1.50 Total Minimum Officers 123 Percent Base Capacity - TAS 76 Total Base capacity estimated as follows: Total Estimated Capital Costs - Investment in Police Services Percent Base Capacity Total Estimated Base Capacity Costs Total in Population 2027 Total Cost per Person [2] Variable Cost per Unit estimated as follows: Total Estimated Capital Costs - Investment in Police Services Less Amount allocated to Base Capacity Total Variable Cost Percent Residential (Historical Calls) Total Residential Costs Total Non-residential Costs Residential Variable Allocation Non-residential Variable Allocation Residential $23,717,503 76 $18025,302 85,166 $211.65 $23,717,503 18,025,302 $5,692,201 $1,707,660 Costa per Estimated Units Variable Assumed Carts Class 2027 Cost per Unit 100.00% $3,984,541 35,308 $112.85 Total Estimated Capital Costs - Investment in Police Services $1,707,660 Total Functional (Non-residential) Population 2027 25,550 Total Cost per Person [*] $66.84 [*] Applied on a functional population basis. 880 Page 1 of 1 Table 3-6 City of Boynton Beach Police impact Fee Study Police impact Fee Comparison II I Line No. Description Single Family Residential Multifamily 2-4 Units 5+ Units Non -Residential City of Boynton Beach 1 Existing Rate Per Unit N/A N/A N/A N/A 2 Proposed Rate Per Unit $450.00 $416.00 $365.00 N/A Other Florida Communities: 3 City of Cooper City $91.00 $91.00 $91.00 $0.0370 4 City of Coral Gables [1] 270.00 215.00 215.00 $0.213-$0.591 5 City of Dania Beach [1] 460.00 276.00 276.00 $0.0184 6 Town of Davie [2] 306.87 114.29 119.03 $0.048-$0300 7 City of Deerfield Beach 284.79 64.21 64.21 $0.0114-$0.68186 8 City of Miami 164.00 144.00 95.00 $0.038-$0.751 9 City of Miramar, Florida 543.00 543.00 543.00 $0.4200 10 City of Pahn Beach Gardens [1] 341.00 252.00 252.00 $0.016-$0.2307 11 City of Sunrise N/A N/A N/A N/A 12 City of Wilton Manors [1] 477.50 540.00 540.00 $0.034-$2.095 13 Other Florida Communities' Average $326.46 $248.83 $243.92 Footnotes: [1] The amount of the impact fee for a residential unit depends on the unit's size (sq. ft.). For the purpose of this comparison, it was assumed that a single family residence has 2,500 square feet square feet and that multi- family and mobile home residences contain 1,500 square feet of floored space. [2] Multifamily fees for parcels with 10 units or more are $119.03 per unit and those with less are $114.29 per unit. 881 882 8/31/2021 Statutes & Constitution :View Statutes : Online Sunshine Appendix A - Page 1 Select Year: 2021 v Go The 2021 Florida Statutes Title XI Chapter 163 View Entire COUNTY ORGANIZATION AND INTERGOVERNMENTAL INTERGOVERNMENTAL Chapter RELATIONS PROGRAMS 163.31801 Impact fees; short title; intent; minimum requirements; audits; challenges.— (1) This section may be cited as the "Florida Impact Fee Act." (2) The Legislature finds that impact fees are an important source of revenue for a local government to use in funding the infrastructure necessitated by new growth. The Legislature further finds that impact fees are an outgrowth of the home rule power of a local government to provide certain services within its jurisdiction. Due to the growth of impact fee collections and local governments' reliance on impact fees, it is the intent of the Legislature to ensure that, when a county or municipality adopts an impact fee by ordinance or a special district adopts an impact fee by resolution, the governing authority complies with this section. (3) For purposes of this section, the term: (a) "Infrastructure" means a fixed capital expenditure or fixed capital outlay, excluding the cost of repairs or maintenance, associated with the construction, reconstruction, or improvement of public facilities that have a life expectancy of at least 5 years; related land acquisition, land improvement, design, engineering, and permitting costs; and other related construction costs required to bring the public facility into service. The term also includes a fire department vehicle, an emergency medical service vehicle, a sheriff's office vehicle, a police department vehicle, a school bus as defined in s. 1006.25, and the equipment necessary to outfit the vehicle or bus for its official use. For independent special fire control districts, the term includes new facilities as defined in s. 191.009(4). (b) "Public facilities" has the same meaning as in s enforcement facilities. 163.3164 and includes emergency medical, fire, and law (4) At a minimum, each local government that adopts and collects an impact fee by ordinance and each special district that adopts, collects, and administers an impact fee by resolution must: (a) Ensure that the calculation of the impact fee is based on the most recent and localized data. (b) Provide for accounting and reporting of impact fee collections and expenditures and account for the revenues and expenditures of such impact fee in a separate accounting fund. (c) Limit administrative charges for the collection of impact fees to actual costs. (d) Provide notice at least 90 days before the effective date of an ordinance or resolution imposing a new or increased impact fee. A local government is not required to wait 90 days to decrease, suspend, or eliminate an impact fee. Unless the result is to reduce the total mitigation costs or impact fees imposed on an applicant, new or increased impact fees may not apply to current or pending permit applications submitted before the effective date of a new or increased impact fee. (e) Ensure that collection of the impact fee may not be required to occur earlier than the date of issuance of the building permit for the property that is subject to the fee. (f) Ensure that the impact fee is proportional and reasonably connected to, or has a rational nexus with, the need for additional capital facilities and the increased impact generated by the new residential or commercial construction. (g) Ensure that the impact fee is proportional and reasonably connected to, or has a rational nexus with, the expenditures of the funds collected and the benefits accruing to the new residential or nonresidential 883 www.Ieg. state.fl. us/statutes/i ndex.cfm?App_mod e=Display_Statute&U RL=0100-0199/0163/Sections/0163.31801. html 8/31/2021 Statutes & Constitution :View Statutes : Online Sunshine Appendix A - Page 2 construction. (h) Specifically earmark funds collected under the impact fee for use in acquiring, constructing, or improving capital facilities to benefit new users. (i) Ensure that revenues generated by the impact fee are not used, in whole or in part, to pay existing debt or for previously approved projects unless the expenditure is reasonably connected to, or has a rational nexus with, the increased impact generated by the new residential or nonresidential construction. (5)(a) Notwithstanding any charter provision, comprehensive plan policy, ordinance, development order, development permit, or resolution, the local government or special district must credit against the collection of the impact fee any contribution, whether identified in a proportionate share agreement or other form of exaction, related to public facilities or infrastructure, including land dedication, site planning and design, or construction. Any contribution must be applied on a dollar -for -dollar basis at fair market value to reduce any impact fee collected for the general category or class of public facilities or infrastructure for which the contribution was made. (b) If a local government or special district does not charge and collect an impact fee for the general category or class of public facilities or infrastructure contributed, a credit may not be applied under paragraph (a). (6) A local government, school district, or special district may increase an impact fee only as provided in this subsection. (a) An impact fee may be increased only pursuant to a plan for the imposition, collection, and use of the increased impact fees which complies with this section. (b) An increase to a current impact fee rate of not more than 25 percent of the current rate must be implemented in two equal annual increments beginning with the date on which the increased fee is adopted. (c) An increase to a current impact fee rate which exceeds 25 percent but is not more than 50 percent of the current rate must be implemented in four equal installments beginning with the date the increased fee is adopted. (d) An impact fee increase may not exceed 50 percent of the current impact fee rate. (e) An impact fee may not be increased more than once every 4 years. (f) An impact fee may not be increased retroactively for a previous or current fiscal or calendar year. (g) A local government, school district, or special district may increase an impact fee rate beyond the phase-in limitations established under paragraph (b), paragraph (c), paragraph (d), or paragraph (e) by establishing the need for such increase in full compliance with the requirements of subsection (4), provided the following criteria are met: 1. A demonstrated -need study justifying any increase in excess of those authorized in paragraph (b), paragraph (c), paragraph (d), or paragraph (e) has been completed within the 12 months before the adoption of the impact fee increase and expressly demonstrates the extraordinary circumstances necessitating the need to exceed the phase-in limitations. 2. The local government jurisdiction has held not less than two publicly noticed workshops dedicated to the extraordinary circumstances necessitating the need to exceed the phase-in limitations set forth in paragraph (b), paragraph (c), paragraph (d), or paragraph (e). 3. The impact fee increase ordinance is approved by at least a two-thirds vote of the governing body. (h) This subsection operates retroactively to January 1, 2021. (7) If an impact fee is increased, the holder of any impact fee credits, whether such credits are granted under s. 163.3180, s. 380.06, or otherwise, which were in existence before the increase, is entitled to the full benefit of the intensity or density prepaid by the credit balance as of the date it was first established. (8) A local government, school district, or special district must submit with its annual financial report required under s. 218.32 or its financial audit report required under s. 218.39 a separate affidavit signed by its chief financial officer or, if there is no chief financial officer, its executive officer attesting, to the best of his or her knowledge, that all impact fees were collected and expended by the local government, school district, or special district, or were collected and expended on its behalf, in full compliance with the spending period provision in the local ordinance or resolution, and that funds expended from each impact fee account were used only to acquire, construct, or improve specific infrastructure needs. www.Ieg. state.fl. us/statutes/i ndex.cfm?App_mod e=Display_Statute&U RL=0100-0199/0163/Sections/0163.31801. html $ $4 8/31/2021 Statutes & Constitution :View Statutes : Online Sunshine Appendix A - Page 3 (9) In any action challenging an impact fee or the government's failure to provide required dollar -for -dollar credits for the payment of impact fees as provided in s. 163.3180(6)(h)2.b., the government has the burden of proving by a preponderance of the evidence that the imposition or amount of the fee or credit meets the requirements of state legal precedent and this section. The court may not use a deferential standard for the benefit of the government. (10) Impact fee credits are assignable and transferable at anytime after establishment from one development or parcel to any other that is within the same impact fee zone or impact fee district or that is within an adjoining impact fee zone or impact fee district within the same local government jurisdiction and which receives benefits from the improvement or contribution that generated the credits. This subsection applies to all impact fee credits regardless of whether the credits were established before or after June 4, 2021. (11) A county, municipality, or special district may provide an exception or waiver for an impact fee for the development or construction of housing that is affordable, as defined in s. 420.9071. If a county, municipality, or special district provides such an exception or waiver, it is not required to use any revenues to offset the impact. (12) This section does not apply to water and sewer connection fees. (13) In addition to the items that must be reported in the annual financial reports under s. 218.32, a local government, school district, or special district must report all of the following information on all impact fees charged: (a) The specific purpose of the impact fee, including the specific infrastructure needs to be met, including, but not limited to, transportation, parks, water, sewer, and schools. (b) The impact fee schedule policy describing the method of calculating impact fees, such as flat fees, tiered scales based on number of bedrooms, or tiered scales based on square footage. (c) The amount assessed for each purpose and for each type of dwelling. (d) The total amount of impact fees charged by type of dwelling. (e) Each exception and waiver provided for construction or development of housing that is affordable. History.—s. 9, ch. 2006-218; s. 1, ch. 2009-49; s. 5, ch. 2009-96; s. 5, ch. 2011-14; s. 1, ch. 2011-149; s. 1, ch. 2019-106; s. 5, ch. 2019- 165; s. 5, ch. 2020-27; s. 1, ch. 2020-58; ss. 1, 2, ch. 2021-63. Copyright © 1995-2021 The Florida Legislature • Privacy Statement • Contact Us 885 www.Ieg. state.fl. us/statutes/i ndex.cfm?App_mod e=Display_Statute&U RL=0100-0199/0163/Sections/0163.31801. html U y O E v � vi O- C C C- co - O m C O C t w 6 ca aa�n, cv n.aa a,anancacaac c c o'c o as 00 �iW www- www�w��,;wwwmw�iw�iw�iwaiwwrar�w�r$cw =d od d �d a3 a3 — v -d =d �d - � Y N — C _ p N C a o o o 0 o c o c o c c. o 0 0 0 0 .. o. o. o. o..� PZ a L � c W G �l N N r r N PZ 3E � 3E _ N N � � F a ry Z V CJ 11 N ��zzz z�NNNN�ao�oa�a�a���uuuuuu.7uw¢o claw u�Wxo U U U v U U U Q, U ¢' � � �' w z w o K O U a 6¢Q"HFNN x'ama eF,a eF, V OF w_I >1Y Y�+?w a a adad wa��-,xQ¢ q Ua m E z E 2 E 2 Ea z z Q a H w a F w w a z x x H F H F H o ca o P o �a o Fa w c� w o x w¢ w o ¢z z z o o oc4r¢ o o 0 o a L z¢ a a c¢ x x z H 4 V P — m 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 C O O O O O O O O O O O O O O O O O O C O O z 886 V 4 O G m co V K V K V Y V Y V V V V V V V V V V V 0 -OO OTVw . 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G �l O C C7, - f�lQ \ \ \N N N \ \ \ 11 r 895 APPENDIX C P=Permitted Residential Commercial Mixed -Use Indust- Mise C = Conditional A = lial Accessory c a d ¢ _ — a r z z RESIDENTIAL & LODGING Acocssory Dwelling Unit P 36 P36 P3 P36 P36 P36 P36 P36 Bed & Breakfast C 37 C 37 C 37 C 37 C37 C 37 C 37 Dwelling, Shrgle- fro ily P P P P P P P P P P (detached) Dwelling, Two-family P P P P P P P P C (duplex) Dwelling, Multi - f rily P P P P P6 P6 P34 P2-1 (including rownhornes) 6 Dwelling Units in NI—d P P P6 P6 P6 P6 P6 P27 Use Bt ild ngs Groap Uome Type 1 (2 per P 40 P 40 P 40 P40 P40 P40 "cor, up to 10 residents, limited service) Group Ho— I ype 2 (2 per P 14 C 40 C 40 room up to 14 residents, 40 limited service) Group I tome Type 3 C14 C40 C40 C40 P40 P40 C40 C40 C40 C40 (comprehensive service) 40 nome-Based Business P34 P 34 P 34 P 34 P 34 P 34 134 1134 P 34 P 34 P 34 P 34 P 34 Hotel &Motel P41 P41 P41 P41 C41 C41 C41 C41 P41 P41 P41 Live- W mrk Units P 42 P 42 P 42 P 42 1142 1' 42 P 27 Me—finenned Home P COMMERCIAL Retail Sales Art, Boot:, Cia ft. l lobby, P 18 P I P P P43 P P10 P17 P17 P 17 P 17 P 17 P 28 A 20 A 20 Music, Sporting Goods, & 17 43 Toys Auto Dealer. New P 14 P 14 P 44 16 16 44 44 Auto Dcoler. Used P 14 P 14 P 44 16 l6 44 44 Automotive Parts Store P P P P P 17 P17 P17 P 17 P17 P23 P27 Beer, Wine. &Liquor Store P35 P35 P35 P17 P17 P17 P17 P17 P17 PLS 35 35 35 35 35 35 27 35 Boat Dealer/Rental C41 A A16 16 45 45 Brewpnb P 2 P 58 PIR P58 P 58 P 17 P 17 P 17 P 17 P 17 P 17 PIS P 27 A20 A 58 58 58 58 58 58 53 58 58 20 21 58 Clenning Supply Store P 1 P P P P P 17 P 17 P 17 P 17 P 17 P 22 P 28 (Swimming Pool, .Innitorial) Clothing & Accessories PIS P I P P P P P 10 P 17 P 17 P 17 P 17 P 17 P 28 17 30 Convenience Store P 2 P 2 P3 P 3 P 7 P 35 P 17 P 17 P 17 P 17 P 1 P 17 P 22 P 15 3 3 35 35 35 35 35 35 35 11 35 35 27 H 35 35 35 Page 1 of 8 Impact Fee Land Use Catezory N/A Hybrid Single Family Multifamily Multifam ly Multifam ly Office/Healthcare Office/Healthcare Office/Healthcare Single Family Hotel/Motel Hybrid Single Family Commercial Commercial Commercial Commercial Commercial Commercial Commercial Commercial Commercial Commercial APPENDIX C P=Permitted C = Conditional A = Accessory Residential Commercial Mixed -Use Indust- Iial Mise c a r z z Cosmetics, Beauty supply. P 18 P 1 P P P P P to P P P P 17 P P28 & Perfim e 30 Electronics R Appliance P 1 P P P P PLO P 14 114 114 117 P 122 128 Store 30 Florist 118 P1 P1 P P P P 117 117 P17 117 117 1 t 122 P27 s Furniture & Home 118 P 1 P P P P P 10 117 P t7 117 117 P t7 P22 P2 furnishing 17 28 30 Gasoline Statlon C 46 C 46 C 4(i C 46 C 16 C 16 46 46 Crrncery Stnre P P P P 10 C 17 P 17 P 17 P 17 P 17 127 17 47 47 47 47 Hardware Store 12 P P 148 P 117 P 17 P 17 P 17 P 17 P 17 P 22 P 27 48 48 48 48 48 48 Health & Personal Care P 18 P P P P P P 117 P 17 117 P 17 P 17 P 17 P 22 P 27 (Byeglass, Medical 68 Supplies, Hearing -Aids) Home Improvement Center P P 110 116 I6 27 49 .lewelry, Luggage, & P 18 P 1 P P P P P 17 P 17 P 17 P 17 P 17 P 17 P 28 Leather Goods Marine Aeocssaics P I P P P P P 17 P 17 P 17 P 17 P 17 P 17 122 128 50 50 50 50 50 50 Merchandise, New I I P 10 1116 (Superccntm. Discoum, 16 27 Department, Club) 51 Merchandise, Used P 18 P 1 152 152 152 152 P 17 P 17 P 17 P 17 P 17 P 17 127 (Antique Shop) 52 52 52 52 52 52 52 52 52 Much -dist, Used poll-) P53 P53 153 P 15 27 53 Micro -Brewery, Micro- C C C C 104 C 15 C 17 C 17 C 17 C 17 C 17 C wintry, Micro- rosfillcry 104 104 104 104 104 104 104 104 104 104 Mobile \'ending I nit P54 P54 1 14 154 114 P14 P54 P14 154 154 1 S4 1 14 (M V U) Multiple -Vendor Market 155 115 115 111 27 55 Novelty, (lift, Sm—nit, & P IS P 1 P P P P 117 P 17 P 17 P 17 P I P 17 P 27 A 20 A Miscellaneous 11 20 'I Nursery, Garden Or. & 12 P 3 13 13 13 Farm Supply 3 56 56 56 22 56 56 Office Supplies & P 1 P P P P 117 P 17 P 17 P 17 P 17 117 P27 Stationery Pet Store & Supplies P is P 1 P P P P P 17 P 17 P 17 P 17 P 17 P 17 P 28 Pharrnacy & Drop Store P 1 12 157 117 P 57 1 17 P 17 1 17 P 17 P 17 1 17 P 17 I'll 57 57 57 57 57 57 57 57 27 57 Rntaurant P 1 8 A 58 P 2 P58 1`58 P 58 P58 P 17 P 17 P 17 P 17 P 17 P 17 158 127 A 20 A 58 58 58 58 5L)S 58 58 58 58 20 21 58 Page 2 of 8 Impact Fee Land Use Catezory Commercial Commercial Commercial Commercial Commercial Commercial Commercial Commercial Commercial Commercial Commercial Commercial Commercial Commercial Commercial Commercial Commercial Commercial Commercial Commercial Commercial Commercial Commercial 897 Page 3 of 8 APPENDIX C P=Pernumcd Residential Commercial Mixed -Use Indust- Mise C = Conditional A = lial Accessory cc a ¢Impact Fee Land Use J �e :r �e ]'�, �`a Catezory x C z z a a L U U U U c a a Restaurant, Take-out P is P 2 P2 P P P P P 17 P 17 P 17 P 17 P 17 P 17 P 59 P28 A20 A Commercial 8 20 21 Showroom warehouse P P too P P 100 Commercial (ciugle-product line) 100 100 Spcciall) Food Store P 18 P 2 P P P P P P P P P2 P P 27 Commercial I1 Tap -Room C C C C C 16 C 14 C 14 CIO C 16 C 27 Commercial to 16 Tile and Carpet P P P P 10 P 17 P 17 P17 P 17 P 22 P 24 Commercial 7 28 COMMERCIAL se" ieea Auto Broker P P P P P P P P Commercial Auto'Cor W ash (Polishing, A 60 C W C 60 C 60 A60 Commercial Waxing, Detailing) Auto Car Wash, Self- serve C C C Commercial Bay Automobile Rental C 61 C 61 ('61 P 16 P 16 P 16 P 16 Commercial 61 61 61 61 Automotive, Minor Repair :A 62 C 62 P 3 C 62 P 3 A 62 Commercial 62 62 Automotive, Major Repair P 3 Commercial 11 63 Automotive W indoor A 64 P64 P64 C 64 1164 1126 Commercial Tinting/Stereo lnstallation/Alarms Bar & Nightclub C C C C C M C14 C 14 C 16 C 16 C 27 Commercial 16 16 Caterer P P P P P P22 C Commercial Check Cashing P 65 P 65 P 65 P 27 Commercial Coin-oNmIcd Laundry P 1 P 1 P P P P P17 P17 P17 P 17 P 27 Commercial d C"tr atonum P P Commercial Day &'trade Labor C P 13 Commercial Pool (Temporary I lclp) Dry Cleaner P 2 P2 P66 P 66 P 66 P 66 P 66 P 66 P66 1166 P 66 P 66 1122 P27 Commercial 8 66 66 66 (6 Fortune Teller, Palm P 22 Commercial Reader, or Psychic Funeral Ilome C C P3 P3 P3 C 16 C 16 C 16 A 3 Commercial 67 Interior- Decorator P 18 P P P P P P I I P 11 P 11 P 11 P 11 P 11 P22 P Commercial Studio Landscaping Debris C Commercial Stockpiling 103 Locksmith P I P P P P P22 P Commercial Mobile Fending Unit P 54 P 54 P14 P54 P54 P54 P54 P 54 P 54 PIT P54 P54 54 P 54 P 54 P S4 P Commercial (MVU) IP 54 Personal Care (Beauty, ills P 8 PI P 68 P68 P 68 P 68 P 17 P 17 P 17 1' 17 P 17 P 17 H!t Commercial 11 air. Nals) 68 68 68 68 68 G8 68 G8 G8 898 PPENDIX C P=Perntmea Residential C = Conditional A = Accessory Commercial Mixed -Use Postal/Mal Center cc A 70 P IP 70 P 70 P 70 P 70 P 16 P 16 P 16 P 16 P 16 P 16 P 22 P 28 70 a r z 70 70 70 70 70 70 Rental of Moving Vehicles Pet Care (Boarding and A 69 C 69 C 69 C 69 C 69 C 16 C 16 C 16 IC 27 Daycare) 69 69 69 Repair/Meintcnance, 2269 P I P 1 P P P P P 17 P 17 P 17 P 17 P 17 P 2 P 69 Pet Care (C naming) 8 P P P P P P 17 P 17 P 17 P 17 P 17 P 17 P 22 P 27 Postal/Mal Center A 70 P IP 70 P 70 P 70 P 70 P 16 P 16 P 16 P 16 P 16 P 16 P 22 P 28 70 70 70 70 70 70 70 70 70 Rental of Moving Vehicles n A & Equipment Repair/Meintcnance, P I P 1 P P P P P 17 P 17 P 17 P 17 P 17 P 2 P Personal and Household 8 Goods Rcpair. Rental. & Maint of P 71 P P 71 P 12 Home/Garden'1 ools Rcpair. Rental. & Maint of P P P P P PIU P 17 P 17 P 17 P 17 P P Office. Home Equip 17 Tree cl .\gcnoy P 18 P 1 P I P P P P P 17 P 17 P 17 P 17 P 17 P 17 P 22 P 27 19 19 Tuxedo, Formal Wear, P I P P P P P 17 P 17 P 17 P 17 P 17 P 17 P 27 Costume Rental Videos. Games & DVD Itp P P P P P P 14 P 14 P 14 P P P 27 Rental OFFICE & HEALTH CARE Bank and Financwl Office I I P P 1 P P P P P 16 P 16 P 16 P 16 P 16 P 16 I IP27 91 Business or Pmf sional P 18 P S P �Pil P P P P [7]P]P]P73 P P21 P21 Off", 19 19 91 Fall Center I I IP I P I P I P IP5 IP IPI IP5 IPI IP5 IP5 IPI IPt3 IC29 Contractor I I I I I I I I I IP IP IP IP IP IP I I I I I I IP IP Copying, Printing, and Sign I P 112 P P P P P 17 P 17 P 17 P 17 P 17 P 17 1112 P Design Conaeling P P1 P P P P P16 P16 P16 P16 P16 P16 P22 P'''7 �H 11 LUM and Data I P P I P P P P I I I I I I P IP21 ; Set, °ice I I IPS I IP IPI IP IP IP IP Plfi PI6 PI6 P16 IP161PI61P221P27 Vledicat Cafe or Testing (Inj I I I I I I I I P 14 P I4 P 14 P 14 ,,tient) 701 101 I01 lot 102 10^_ 10^_ 102 Medical nr Bernet P P I P P P P P 16 P Iti P 16 P 16 P 16 P Ifi [22 P rag Testung/Support I Page 4 of 8 Impact Fee Land Use Catezory Commercial Commercial Office/Healthcare Commercial Commercial Commercial Commercial Commercial Commercial Commercial Commercial Commercial Office/Healthcare Office/Healthcare Office/Healthcare Office/Healthcare Office/Healthcare Office/Healthcare Office/Healthcare Office/Healthcare Office/Healthcare Office/Healthcare Office/Healthcare Office/Healthcare Office/Healthcare 899 APPENDIX C P=Permitted Residential Commercial Mixed -Use Indust- Mise C = Conditional A = lial Accessory c a r z z r a J a 7 u u c `a a a Medical or Dental P P 13 P 29 Laboratory Medical or Dental Office P P I P P P P P 16 P 16 P 16 P 16 P 16 P 16 P 22 P 27 (Om -patient) 31 Real Estate Business P 18 P P 18 P P P P P 16 P 16 P 16 P 16 P 16 P 16 P 27 19 19 31 Social Service Agency C 74 C 74 P P Tempnmry Employment P P P P P P P 16 P 10 P 16 P 16 P 16 P I6 P 27 Agency 31 ARTS, ENTERTAINMENT & RECREATIONAL Adult Fntercaininent C75 C75 C 75 P 13 P 75 75 Artist St ho P 18 P 18 P 76 P 76 P 76 P 76 P 76 P 76 P 76 P 76 P 76 P 76 P P A 20 A 20 Arts Campus P 18 PIS PIS Entertainment, Indoor P 1 P P P P PH PH P 11 P I I P 11 P I I P 22 P 27 A 21 77 14 14 14 77 Entertainment, Outdoor C 78 C 78 Gym, Fitness & Health P 18 P P P P P 10 P 11 P 11 P 11 P 11 P 11 P27 Club 19 11 14 14 14 Indoor Athletic P IS P 1 P P P I P P P 14 P 14 P 14 P I P I P P Instructiou/Training 19 Marina, (including Yacht P 79 P 79 P I I P I I P I I P I I P 11 Club) 79 79 79 79 79 Museum P IS P 18 P P P 18 Rentals, Reereational P p P P Pit Pit P it Pit III1 PH l A 21 (bicycles, canoes, personal 14 14 14 watercraft) 80 so 80 Shooting Range, Indoor P P P P4 29 Sightsccing & Secnic ToursP sl P 81 P 81 P 81 PSI P81 P 11 P 11 P 11 P 11 P 11 P 11 81 81 81 81 81 81 Theater P 18 P 18 PSI P 82 P 82 P82 Pit P I1 Pit P I I P I I Pit P 20 P 18 82 82 82 14 14 14 82 82 92 82 82 82 82 PUBLIC & CIVIC USES Cemetery A3 A3 A3 A3 A3 A3 A3 A3 P 83 83 83 83 83 83 83 83 Church ('33 U33 ('33 C 33 C 84 C 84 P P P P 15 P 15 P 15 P 15 84 84 84 84 Civic & Fratcrnnl Clubs P 3 P 3 C 15 C 14 C 14 C 14 P 31 Organization 15 15 15 G—ramcnt, Municipal P 85 P 85 P 85 P85 P85 P85 P85 PS P 35 PBS PBS P 85 P 85 PRS P 85 P 85 P 85 P 85 P 85 P 85 P 85 P 25 P P Office. Emargency/Civic Facilities Goverment, Municipal P Utility/ Support Faclitics Page 5 of 8 Impact Fee Land Use Catezory Office/Healthcare Office/Healthcare Office/Healthcare Office/Healthcare Office/Healthcare Commercial Commercial Institutional Commercial Commercial Commercial Commercial Commercial Institutional Commercial Commercial Commercial Commercial Institutional Institutional Institutional I1lsfitutlona1 Institutional 900 APPENDIX C P=Permitted Residential Commercial Mixed -Use Indust- Mise C = Conditional A = tial Accessory c T'. a d ¢ _ — a r z z Government, Non- PI PI PI PI PI PI P5 P 86 P 86 P 5 P 5 P5 P86 P24 P Municipal Office Facilities 5 5 5 86 86 86 86 25 28 31 86 Government, Non- P Municipal Utility Support Faeilitie, Government, Post Office C C C C C C C P EDUCATIONAL College, semivaty, P P C C P 15 P t5 P 15 P U1111 -111y DayCarc (73 C33 C33C87C87 P8 C C C C C C87 Pll P11 Pll P11 P11 Pll P22 87 87 87 87 87 14 t4 14 School_ Industrial & Trade C P 22 P 26 School, Primary and C. 33 C 33 C 33 C 33 C C P P25 P Secondary Sehool, Professional & Ills P P 18 P P Y P P 15 P 15 P 15 P 15 P 15 1124 Technical 26 27 31 Tutoring and Testing P P P P C P P I1 P 11 P I1 P M III CM P22 P 24 Centers 27 31 INDUSTRIAL Vlanaracturing, Fabrieation & Prucessing Bakery, Cornnereial C 9 P9 P26 Beverage Mfg C 9 P 9 P 26 Bru—y, Wincry, Distillery C9 P9 P26 Concerted Paper Product P 13 P 26 Processing Dairy Products Mfg C 9 P 9 P 26 Electrical Equipment, P 13 P 26 Appliance & Component Assembly Food Processing C 9 P 9 P 26 Footwear & Other Leather P 23 P 26 Prndnets Frozen Food C 9 P 9 P 26 Furniture Products 1123 1126 Glass Products P 23 P 26 lee Cicam & Fro,en C 9 P 9 P 26 llo,— .les,-elry Mfg P 23 P 26 Medieat Equipment & P23 P26 Supplies Metal, Fabricated Product P 23 P26 Motor Vchicic Seating & P 23 P 2G Interior frim Ornamental, China, FineP 23 P 26 Farthemvare, & Pottery Page 6 of 8 Impact Fee Land Use Catezory Institutional Institutional Institutional Institutional Institutional Institutional Institutional Institutional Institutional Industrial/Warehousing Industrial/W archousing Industrial/Warehousing Indu stri al/W areho us ing Industrial/Warehousing Industrial/Warehousing Industrial/Warehousing Industrial/Warehousing Industrial/Warehousing Industrial/Warehousing Industrial/Warehousing Industrial/Warehousing Ind a stri al/W areho u s ing Industrial/Warehousing Industrial/Warchousing Industrial/W arehousing Industrial/Warehousing 901 PPENDIX C P=Pe—med Residential Commercial Mixed -Use Indust - C = Conditional A = tial Accessory cc — �S a r z z Paint, Coating & Adhesive P 23 P26 Pha roaccutical & Medicine P 23 P 26 Plastic Products P 23 P 26 Rubber Products P 23 P26 Soap & Toiletry P 23 P 26 Sporting Good, and Toy, P 23 P 26 St.- cutting & finishing P 23 P 2u 88 88 re file Products P23, P26 Wood Products I I I I I I I I I I I I I I I I I I I I I IP231P2( INDUSTRLIL Storage, Distribution & Wholesale Trade Packing & Shipping, P t3 P29 Tracking, and Moving Storage, Boats/ A89 A 89 A 89 A 89 P 13 Moloy/Rccroational 89 Vehicles Storage, Self -Service I I I I I I I I I I I I IP901 1 ICs ICs ICs ICs 1 1 I1'90 ar�oR�®ore W'archeuse, Interact Sales I P P P 26 Warehoosine I C 121 1 1 1P23 P26 nual Repair Carpct and Upholstery Cleaning Services Contractor's Workshop Dry Cleaning Plant Exterminating and Pest Control Glans and Mirror Janitorial and Genctal Cleatung Lawn Maintenance & Landscaping Service Publishing & Commercial Punting Radio & TV Broadcasting INDUSTRIAL Scrvic s 94 95 1' 95 1' 95 1' 95 P 95 1' 95 r P P P P 13 91 P 22 P 26 P 23 C 29 93 93 P L3 P 26 P3 P26 t3 P23 P26 P13 P26 P 13 94 P23 P26 ['99 P29 Page 7 of 8 Impact Fee Land Use Catezory Industrial/Warehousing Industrial/Warehousing Industrial/Warehousing Industrial/Warchousing hldustrial/Warehousing Industrial/Warehousing Industrial/Warehousing Industri al/ W areho using Industrial/Warehousing Industrial/Warehousing Industrial/ W areho us i n g Industrial/Warehousing Industrial/Warehousing Industrial/Warehousing Industrial/Warehousing hldustrial/Warehousing Industrial/Warehousing Industrial/Warehousing Industrial/Warehousing Industrial/Warehousing Industrial/Warehousing Industrial/Warehousing Industrial/Warehousing Industrial/Warehousing Industrial/Warehousing Industrial/Warehousing 902 APPENDIX C P=Pen med Residential Commercial Mixed -Use Indust- Mise C = Conditional A = tial Accessory c a r z z a a R-W/Leasing, Industrial P 13 & Commercial Equipment 32 Repair/Maintenance, P 13 Industrial & Commercial 32 Egnipment Research & Development, P 96 P 29 Scientific/ Technological 96 Security Services P P P P t3 P29 Scwcr/Scptie & Waste P 3 C 4 Mygnt Cleaning t3 26 9 9 'rasa. Limo, Charter B., P 1 1198 119ft C 98 r 98 P3 98 13 98 Testing Laboratory P 13 C 26 Towing, Motor N chicle P 3 u AGRICULTURAL Community Garden P 99 P 99 P 99 P 99 P 99 P 99 P 99 P 99 P 99 P 99 P 99 P 99 P 99 P 99 P 99 P 99 P 99 P 99 P 99 P 99 P 99 Page 8 of 8 Impact Fee Land Use Catezpry Industrial/Warehousing Industrial/Warehousing Industrial/Warchousing Industrial/Warchousing Industrial/Warehousing Industrial/Warehousing Industrial/Warehousing Industrial/Warehousing Industrial/W archousing 903 i U) M N N N LL Ln N Uw C� -0 U � O a� a v J W H L1. 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