Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Agenda 02-11-25
1.Call to Order 2.Invocation 3.Pledge of Allegiance 4.Roll Call 5.Agenda Approval 6.Legal 7.Informational Items and Disclosures by Board Members and CRA Staff: 8.Information Only 9.Announcements and Awards 10.Public Comments Community Redevelopment Agency Board Meeting Tuesday, February 11, 2025 - 6:00 PM City Hall Chambers, 100 E. Ocean Avenue and Online Meeting 561-737-3256 AGENDA A. Additions, Deletions, Corrections to the Agenda B. Adoption of Agenda A. Disclosure of Conflicts, Contacts, and Relationships for Items Presented to the CRA Board on Agenda The public comment section of the meeting is for public comment on items on the consent agenda or items that are not on the agenda. For items on the agenda, the public will be given an opportunity to comment at the time each item is considered. Each speaker will be given a total of three (3) minutes to comment; however the Board retains the right to reduce the number of minutes prior to the start of public comment. Persons making public comment may not assign or donate their public comment time to another individual to allow that other individual additional time to comment; however, any persons requiring assistance will be accommodated as required by the Americans with Disabilities Act. Prior 1 11.Consent Agenda A.CRA Financial Report Period Ending January 31, 2025 B.Approval of the CRA Board Meeting Minutes for November 21, 2024 C.Approval of the CRA Board Meeting Minutes for December 10, 2024 D.Approval of the CRA Board Meeting Minutes for January 14, 2025 E.Approval of the Commercial Property Improvement Grant Program in the Amount of $59,750 to DSS Restaurant Management Inc. d/b/a Two Georges Waterfront Grill located at 728 Casa Loma Boulevard F.Approval of the Commercial Property Improvement Grant Program in the Amount of $27,900 to Robinsons BBQ Inc. located at 132 E. Martin Luther King Jr. Boulevard G.Approval of the Commercial Rent Reimbursement Grant Program in the Amount of $24,000 to Bungalow at Boynton LLC d/b/a The Bungalow Bar & Grill located at 511 NE 4th Street H.Approval of the Commercial Property Improvement Grant Program in the Amount of $9,571.48 to The Meaning Channel Group LLC located in Colonial Center at 1210 S. Federal Highway, Unit 101 I.Approval of a Second 90-Day Extension to Trilogy Fitness & MMA LLC located in Ocean Palm Plaza at 1550 N. Federal Highway Units 4-10 for their Commercial Property Improvement Grant J.Approval of the First Addendum to the Purchase and Sale Agreement for 225 NE 9th Avenue for an Extension of Time 12.Pulled Consent Agenda Items 13.CRA Advisory Board A.Pending Assignments - Assignments from the CRA Board Assigned at the February 13, 2024 and the January 14, 2025 CRA Monthly Board Meetings 14.Old Business A.Audited Financial Statements - Fiscal Year 2023-2024 B.Continued Discussion and Consideration of the Preliminary Designs for the MLK Entry Feature Park on the CRA-Owned Property Located at 1101 N. Federal Highway C.Circuit Transit Inc. 3rd Quarterly Report for Service Dated October 1, 2024 - December 30, 2024 D.Discussion and Consideration of Approval of Amendment No. 1 to the Agreement for On-Demand Transportation Service with Circuit Transit Inc. E.Discussion and Consideration of Approval of the First Amendment to the Interlocal Agreement (ILA) between the CRA and the City of Boynton Beach regarding Contract with Circuit Transit Inc. for the CRA Pilot Ride Share Program to addressing the Board, please go to the podium or unmute your device when prompted, and state your name and address for the record. 2 F.Discussion and Consideration of the Second Amendment to the Purchase and Development Agreement and the First Amendment to the Tax Increment Revenue Funding Agreement between the CRA and BB QOZ, LLC for the 115 N. Federal Highway Mixed Use Project (The Pierce) G.Continued Discussion and Consideration of MLK Jr. Boulevard Corridor Mixed Use Project Update (d/b/a Heart of Boynton Shops) 15.New Business A.Discussion and Consideration of a Waiver and Ancillary Agreement for the Development Agreement with Wells Landing Apartments LLC for the Heart of Boynton Shops B.Discussion and Consideration of Fiscal Year 2023-2024 Budget Amendment for Unreserved Fund Balance C.CRA Board Discussion and Consideration of Acting Executive Director's Salary Review for Fiscal Year 2024-2025 16.CRA Projects in Progress A.Social Media & Print Marketing Update B.Social Media Outreach Program 1st Quarter Report for FY 2024-2025 (October 2024 - December 2024) C.CRA Economic & Business Development Grant Program Update D.Neighborhood Officer Program 1st Quarter Report for FY 2024-2025 (October 2024 - December 2024) 17.Future Agenda Items 18.Adjournment NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CRA BOARD 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 PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CRA 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 CRA. PLEASE CONTACT THE CRA, (561) 737-3256, AT LEAST 48 HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CRA TO REASONABLY ACCOMMODATE YOUR REQUEST. ADDITIONAL AGENDA ITEMS MAY BE ADDED SUBSEQUENT TO THE PUBLICATION OF THE AGENDA ON THE CRA'S WEB SITE. INFORMATION REGARDING ITEMS ADDED TO THE AGENDA AFTER IT IS PUBLISHED ON THE CRA'S WEB SITE CAN BE OBTAINED FROM THE CRA OFFICE. 3 •Attachment I - January 2025 Financial Summary COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: February 11, 2025 CONSENT AGENDA AGENDA ITEM 11.A SUBJECT: CRA Financial Report Period Ending January 31, 2025 SUMMARY: CRA Financial Services staff is providing the CRA Board with the January 31, 2025 (Attachment I): Statement of Revenues, Expenditures and Changes in Fund Balance Report, and Budget Comparison Schedule - General Fund. FISCAL IMPACT: FY 2024-2025 Annual Budget CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan and FY 2024-2025 CRA Budget CRA BOARD OPTIONS: Approve the CRA's monthly financial and budget reports for the period ending January 31, 2025. ATTACHMENTS: Description 4 General Fund Projects Fund Debt Service Fund Total Governmental Funds REVENUES Tax increment revenue 24,518,916 - - 24,518,916 Marina Rent & Fuel Sales 591,897 - - 591,897 Contributions and donations - - - - Interest and other income 118,384 2,672,483 5,503 2,796,371 Total revenues 25,229,197 2,672,483 5,503 27,907,184 EXPENDITURES General government 1,430,307 - - 1,430,307 Redevelopment projects - 3,762,173 - 3,762,173 Debt service:- Principal - - - - Interest and other charges - - - - Total expenditures 1,430,307 3,762,173 - 5,192,480 23,798,891 (1,089,690) 5,503 22,714,704 OTHER FINANCING SOURCES (USES) Funds Transfers in - 17,591,645 2,317,425 19,909,070 Funds Transfers out (19,909,070) - - (19,909,070) Total other financing sources (uses) (19,909,070) 17,591,645 2,317,425 - Net change in fund balances 3,889,821 16,501,955 2,322,928 22,714,704 Fund balances - beginning of year 4,869,740 19,070,941 230,912 24,171,593 Fund balances - end of year 8,759,561 35,572,896 2,553,840 46,886,297 Footnote: Transfers between funds include monies received from TIF and carryover from general fund balance. Excess (deficiency) of revenues over expenditures BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY Statement of Revenues, Expenditures and Changes in Fund Balances Through Year to Date - January 31, 2025 (A Component Unit of the City of Boynton Beach, Florida) The notes to the basic financial statements are an integral part of this statement. 1 5 Original Budget Final Budget Actual REVENUES Tax increment revenue 24,279,354$ 24,279,354$ 24,518,916 Marina Rent & Fuel Sales 1,300,000 1,300,000 591,897 Interest and other income - - 118,384 Other financing sources (uses) - - - Total revenues 25,579,354 25,579,354 25,229,197 EXPENDITURES General government 5,670,284 5,750,059 1,430,307 Total expenditures 5,670,284 5,750,059 1,430,307 19,909,070 19,829,295 23,798,891 OTHER FINANCING SOURCES (USES) Carryover fund balance - Transfers out (19,909,070) (19,909,070) (19,909,070) Total other financing sources (uses) (19,909,070) (19,909,070) (19,909,070) Net change in fund balances -$ (79,775)$ 3,889,821 Fund balances - beginning of year 4,869,740 Fund balances - end of year 8,759,561 Excess of revenues over expenditures BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (A Component Unit of the City of Boynton Beach, Florida) Budgetary Comparison Schedule General Fund Through Year to Date - January 31, 2025 The notes to the basic financial statements are an integral part of this statement. 1 6 2/4/2025 9:48:22 AM Page 1 of 5 Detail vs Budget Report Boynton Beach CRA, FL Account Summary Date Range: 01/01/2025 - 01/31/2025 Account Name Beginning Balance Total Activity Ending BalanceFiscal Budget Budget RemainingEncumbrances % Remaining 01 - GENERAL FUND Revenue 01-41000 T.I.F. COLLECTIONS 239,562.00-24,518,916.000.00-24,518,916.00-24,279,354.000.00 0.99% 01-42115 MARINA RENTS -51,441.25-48,558.75-12,456.75-36,102.00-100,000.000.00 -51.44% 01-42116 MISCELLANEOUS RENTS FRO PROPER 87,838.76-87,838.76-15,760.94-72,077.820.000.00 0.00% 01-42117 MARINA FUEL SALES -748,398.33-451,601.67-160,316.44-291,285.23-1,200,000.000.00 -62.37% 01-42118 MARINA MISC INCOME 3,897.75-3,897.75-1,981.30-1,916.450.000.00 0.00% 01-46100 INTEREST INCOME 57,086.80-57,086.80-18,003.28-39,083.520.000.00 0.00% 01-47200 IN KIND REVENUE 49,704.68-49,704.68-10,911.17-38,793.510.000.00 0.00% 01-48100 MISCELLANEOUS INCOME 11,592.75-11,592.75-3,661.68-7,931.070.000.00 0.00% Revenue Totals:0.00 -25,579,354.00 -25,006,105.60 -223,091.56 -25,229,197.16 -350,156.84 -1.37% Expense 01-51010-200 CONTRACTUAL EXPENSE 25,603.091,239.00475.50763.5026,842.090.00 95.38% 01-51010-216 ADVERTISING & PUBLIC NOTICES 10,000.000.000.000.0010,000.000.00 100.00% 01-51010-225 ASSOC. MEETINGS & SEMINARS 24,966.024,033.980.004,033.9829,000.000.00 86.09% 01-51010-227 DELIVERY SERVICES 361.00139.000.00139.00500.000.00 72.20% 01-51010-310 OFFICE SUPPLIES 701.2698.7498.740.00800.000.00 87.66% 01-51230-100 PERSONNEL SERVICES 426,445.5687,994.4420,235.2067,759.24543,490.0029,050.00 78.46% 01-51230-115 CAR ALLOWANCE 8,395.401,204.60276.92927.689,600.000.00 87.45% 01-51230-225 ASSOC. MEETINGS & SEMINARS 16,225.60274.400.00274.4016,500.000.00 98.34% 01-51230-226 MEMBERSHIP DUES 13,114.505,285.50680.004,605.5018,400.000.00 71.27% 01-51230-227 DELIVERY SERVICES 500.000.000.000.00500.000.00 100.00% 01-51230-229 CAREER DEVELOPMENT 19,500.000.000.000.0019,500.000.00 100.00% 01-51230-310 OFFICE SUPPLIES 3,108.90-608.90-294.24-314.662,500.000.00 124.36% 01-51230-315 POSTAGE 2,900.00100.000.00100.003,000.000.00 96.67% 01-51230-340 CELLULAR PHONES 1,627.45372.5596.52276.032,000.000.00 81.37% 01-51230-355 SUBSCRIPTIONS 1,565.00135.000.00135.001,700.000.00 92.06% 01-51230-360 BOOKS & PUBLICATIONS 300.000.000.000.00300.000.00 100.00% 01-51230-400 EQUIPMENT COSTS 3,172.52827.48827.480.004,000.000.00 79.31% 01-51325-100 PERSONNEL SERVICES 178,728.0889,726.9220,650.4069,076.52268,455.000.00 66.58% 01-51325-115 CAR ALLOWANCE 2,395.401,204.60276.92927.683,600.000.00 66.54% 01-51325-200 CONTRACTUAL EXPENSE 125.00175.000.00175.00300.000.00 41.67% 01-51325-201 BANK FEES 5,946.0853.9213.4840.446,000.000.00 99.10% 01-51325-225 ASSOC. MEETINGS & SEMINARS 8,205.621,094.380.001,094.389,300.000.00 88.23% 01-51325-226 MEMBERSHIP DUES 1,700.000.000.000.001,700.000.00 100.00% 01-51325-227 DELIVERY COSTS 275.2824.7224.720.00300.000.00 91.76% 01-51325-229 CAREER DEVELOPMENT 12,000.000.000.000.0012,000.000.00 100.00% 7 Detail vs Budget Report Date Range: 01/01/2025 - 01/31/2025 2/4/2025 9:48:22 AM Page 2 of 5 Account Name Beginning Balance Total Activity Ending BalanceFiscal Budget Budget RemainingEncumbrances % Remaining 01-51325-310 OFFICE SUPPLIES 1,743.06256.94105.77151.172,000.000.00 87.15% 01-51325-340 CELLULAR PHONES 1,627.45372.5596.52276.032,000.000.00 81.37% 01-51325-355 SUBSCRIPTIONS 2,501.001,499.000.001,499.004,000.000.00 62.53% 01-51325-360 BOOKS & PUBLICATIONS 300.000.000.000.00300.000.00 100.00% 01-51325-365 OFFICE PRINTING COSTS 1,806.11193.8956.70137.192,000.000.00 90.31% 01-51325-400 EQUIPMENT COSTS 1,970.0129.9929.990.002,000.000.00 98.50% 01-51410-213 GENERAL PROPERTY COVERAGE 207,788.13192,705.870.00192,705.87400,494.000.00 51.88% 01-51420-200 CONTRACTUAL EXPENSE 32,156.5835,843.4215,059.0020,784.4268,000.000.00 47.29% 01-51420-201 CONTRACT LEGAL 180,619.5033,380.509,894.0023,486.50207,000.00-7,000.00 87.26% 01-51420-202 WEBSITE HOSTING, REDESIGN & MAINT 47,042.007,826.52381.637,444.8954,486.89-381.63 86.34% 01-51420-204 CITY STAFF COSTS 37,120.002,376.000.002,376.0039,496.000.00 93.98% 01-51440-100 PERSONNEL SERVICES 150,613.1675,995.8417,464.5558,531.29226,609.000.00 66.46% 01-51440-225 ASSOC. MEETINGS & SEMINARS 4,632.591,067.413.001,064.415,700.000.00 81.27% 01-51440-226 MEMBERSHIP DUES 1,315.00385.000.00385.001,700.000.00 77.35% 01-51440-227 DELIVERY SERVICES 520.9279.0840.0039.08600.000.00 86.82% 01-51440-229 CAREER DEVELOPMENT 15,967.4232.5832.580.0016,000.000.00 99.80% 01-51440-310 OFFICE SUPPLIES 1,668.77331.23297.4933.742,000.000.00 83.44% 01-51440-340 CELLULAR PHONES 867.00333.0090.00243.001,200.000.00 72.25% 01-51440-355 SUBSCRIPTIONS 2,000.000.000.000.002,000.000.00 100.00% 01-51440-360 BOOKS & PUBLICATIONS 500.000.000.000.00500.000.00 100.00% 01-51440-365 OFFICE PRINTING COSTS 2,000.000.000.000.002,000.000.00 100.00% 01-51620-200 CONTRACTUAL EXPENSE 4,910.0389.970.0089.975,000.000.00 98.20% 01-51620-201 PROPERTY TAXES & ASSOC. DUES 111,941.8092,929.413,438.0089,491.41204,871.210.00 54.64% 01-51620-202 MARINA POLICE 64,564.8710,033.066,718.283,314.7860,751.94-13,845.99 106.28% 01-51620-205 RENTAL OF OFFICES 24,816.005,184.000.005,184.0030,000.000.00 82.72% 01-51620-208 EQUIPMENT LEASES 10,935.651,428.69537.62891.0712,000.00-364.34 91.13% 01-51620-209 PROPERTY MAINTENENCE COST 491,211.2948,493.7110,078.3538,415.36531,327.00-8,378.00 92.45% 01-51620-210 IN KIND EXPENSE -49,704.6849,704.6810,911.1738,793.510.000.00 0.00% 01-51620-211 VEHICLE MAINTENANCE / FUEL 9,946.2353.776.5747.2010,000.000.00 99.46% 01-51620-212 HURRICANE/PROPERTY CONTINGENCY 35,000.000.000.000.0035,000.000.00 100.00% 01-51620-224 SIGNAGE 20,000.000.000.000.0020,000.000.00 100.00% 01-51620-325 ELECTRICITY COSTS 27,588.252,411.75604.321,807.4330,000.000.00 91.96% 01-51620-326 WATER CHARGES 23,204.561,795.44909.13886.3125,000.000.00 92.82% 01-51630-200 CONTRACTUAL 600.000.000.000.00600.000.00 100.00% 01-51630-209 PROPERTY MAINTENENCE 96,190.9523,809.0512,268.3511,540.70120,000.000.00 80.16% 01-51630-241 MARINA FUEL MANAGEMENT 164,950.6080,049.4020,012.3460,037.06245,000.000.00 67.33% 01-51630-242 MARINE FUEL STATION OVERHEAD 51,107.978,892.033,052.725,839.3160,000.000.00 85.18% 01-51630-310 OFFICE SUPPLIES 902.62297.380.00297.381,200.000.00 75.22% 01-51630-325 ELECTRIC COSTS 12,407.953,592.051,547.452,044.6016,000.000.00 77.55% 01-51630-326 WATER COSTS 6,798.493,201.51958.422,243.0910,000.000.00 67.98% 01-51630-327 GASOLINE & DEISEL FUEL PURCHAS 576,460.15250,739.8589,121.94161,617.91827,200.000.00 69.69% 01-51630-328 MARINA DIESEL SALES TAX 18,080.911,919.09802.661,116.4320,000.000.00 90.40% 01-51650-200 CONTRACTUAL EXPENSE 1,800.000.000.000.001,800.000.00 100.00% 01-51650-210 CITY IT SUPPORT 27,185.007,815.000.007,815.0035,000.000.00 77.67% 8 Detail vs Budget Report Date Range: 01/01/2025 - 01/31/2025 2/4/2025 9:48:22 AM Page 3 of 5 Account Name Beginning Balance Total Activity Ending BalanceFiscal Budget Budget RemainingEncumbrances % Remaining 01-51650-211 COMPUTER SOFTWARE & LICENSES 6,000.000.000.000.006,000.000.00 100.00% 01-51650-212 FINANCIAL SOFTWARE MAINTENANCE 19,951.0022,109.000.0022,109.0042,060.000.00 47.43% 01-51650-330 TELEPHONE LINES 5,000.000.000.000.005,000.000.00 100.00% 01-51650-400 EQUIPMENT COSTS 7,146.065,853.940.005,853.9413,000.000.00 54.97% 01-51990-200 CONTRACTUAL EXPENSE - CONTINGENCY 100,000.000.000.000.00100,000.000.00 100.00% 01-57400-100 PERSONNEL SERVICES 117,736.0748,418.9310,858.0037,560.93166,155.000.00 70.86% 01-57400-216 ADVERTISING & PUBLIC NOTICES 43,705.005,295.001,400.003,895.0049,000.000.00 89.19% 01-57400-218 ANNUAL REPORT & BROCHURES 5,000.000.000.000.005,000.000.00 100.00% 01-57400-225 ASSOC. MEETINGS & SEMINARS 11,682.36317.640.00317.6412,000.000.00 97.35% 01-57400-226 MEMBERSHIP DUES 9,225.001,475.000.001,475.0010,700.000.00 86.21% 01-57400-227 DELIVERY SERVICES 1,500.000.000.000.001,500.000.00 100.00% 01-57400-229 CAREER DEVELOPMENT 10,500.000.000.000.0010,500.000.00 100.00% 01-57400-236 PHOTOGRAPHY / VIDEOS 20,000.000.000.000.0020,000.000.00 100.00% 01-57400-310 OFFICE SUPPLIES 1,790.44209.56130.7778.792,000.000.00 89.52% 01-57400-340 CELLULAR PHONES 1,464.76535.24140.56394.682,000.000.00 73.24% 01-57400-355 SUBSCRIPTIONS 2,100.000.000.000.002,100.000.00 100.00% 01-57400-360 BOOKS & PUBLICATIONS 500.000.000.000.00500.000.00 100.00% 01-57400-365 OFFICE PRINTING COSTS 4,000.000.000.000.004,000.000.00 100.00% 01-57500-100 PERSONNEL SERVICES 128,376.5237,844.488,709.8029,134.68166,221.000.00 77.23% 01-57500-225 ASSOC. MEETINGS & SEMINARS 9,915.0085.000.0085.0010,000.000.00 99.15% 01-57500-226 MEMBERSHIP DUES 2,215.00385.000.00385.002,600.000.00 85.19% 01-57500-229 CAREER DEVELOPMENT 11,895.00105.000.00105.0012,000.000.00 99.13% 01-57500-310 OFFICE SUPPLIES 1,776.25223.75290.81-67.062,000.000.00 88.81% 01-57500-340 CELLULAR PHONES 433.50166.5045.00121.50600.000.00 72.25% 01-57500-355 SUBSCRIPTIONS 500.000.000.000.00500.000.00 100.00% 01-57500-360 BOOKS & PUBLICATIONS 500.000.000.000.00500.000.00 100.00% 01-59000-151 F.I.C.A.59,162.4920,837.514,835.3516,002.1680,000.000.00 73.95% 01-59000-152 MEDICARE 19,962.125,037.881,130.853,907.0325,000.000.00 79.85% 01-59000-153 RETIREMENT PLAN 401(a)244,027.00105,973.0030,339.0075,634.00350,000.000.00 69.72% 01-59000-154 WORKERS COMP INSURANCE 15,000.000.000.000.0015,000.000.00 100.00% 01-59000-155 HEALTH INSURANCE 167,363.6732,636.3311,330.3121,306.02200,000.000.00 83.68% 01-59000-156 DENTAL INSURANCE 8,681.401,318.60329.59989.0110,000.000.00 86.81% 01-59000-157 LIFE INSURANCE 9,865.00135.0045.0090.0010,000.000.00 98.65% 01-59000-158 SHORT / LONG TERM DISABILITY 7,344.552,655.45531.092,124.3610,000.000.00 73.45% 01-59000-159 UNEMPLOYMENT CHARGES 5,000.000.000.000.005,000.000.00 100.00% 01-59000-160 VISION INSURANCE 2,835.20164.8041.20123.603,000.000.00 94.51% 01-59000-161 COMPENSATED ABSENSES 65,000.000.000.000.0065,000.000.00 100.00% 01-59800-990 TRANS OUT TO DEBT SERVICE FUND 0.002,317,425.002,317,425.000.002,317,425.000.00 0.00% 01-59999-990 INTERFUND TRANSFERS OUT 0.0017,591,645.0017,591,645.000.0017,591,645.000.00 0.00% Expense Totals:-919.96 25,659,129.13 1,112,269.08 20,227,107.52 21,339,376.60 4,320,672.49 16.84% 01 - GENERAL FUND Totals:-919.96 79,775.13 -23,893,836.52 20,004,015.96 -3,889,820.56 3,970,515.65 02 - PROJECTS FUND Revenue 9 Detail vs Budget Report Date Range: 01/01/2025 - 01/31/2025 2/4/2025 9:48:22 AM Page 4 of 5 Account Name Beginning Balance Total Activity Ending BalanceFiscal Budget Budget RemainingEncumbrances % Remaining 02-44100 FESTIVAL & EVENT INCOME 2,601.53-2,601.530.00-2,601.530.000.00 0.00% 02-46100 INTEREST INCOME 182,790.10-182,790.10-63,690.27-119,099.830.000.00 0.00% 02-47100 APPLICATION FEES 900.00-900.00-400.00-500.000.000.00 0.00% 02-48100 MISCELLANEOUS INCOME 2,486,191.39-2,486,191.39-11,047.78-2,475,143.610.000.00 0.00% 02-49100 OTHER FINANCING SOURCES -8,187,298.000.000.000.00-8,187,298.000.00 -100.00% 02-49900 TRANSFERS IN 0.00-17,591,645.00-17,591,645.000.00-17,591,645.000.00 0.00% Revenue Totals:0.00 -25,778,943.00 -2,597,344.97 -17,666,783.05 -20,264,128.02 -5,514,814.98 -21.39% Expense 02-58100-202 CONTINGENCY EXPENSE 200,000.000.000.000.00200,000.000.00 100.00% 02-58100-203 CONTRACTUAL EXPENSE 1,040,853.6610,296.342,996.347,300.001,051,150.000.00 99.02% 02-58100-213 LEGAL FEES 210,055.5075,333.5031,784.5043,549.00285,389.000.00 73.60% 02-58200-401 PROPERTY PURCHASES 7,531,109.531,349,219.92924,548.72424,671.207,959,315.60-921,013.85 94.62% 02-58200-402 IMPROVEMENTS 4,228,713.004,900.000.004,900.004,233,613.000.00 99.88% 02-58200-404 CONSTRUCTION IN PROGRESS 135,220.200.000.000.00135,220.200.00 100.00% 02-58200-405 SITE WORK AND DEMOLITION FEES 278,884.7437,287.78180.9937,106.79316,172.520.00 88.21% 02-58200-406 INFRASTRUCTURE AND STREETSCAPE 11,036,511.081,835,776.681,835,188.68588.0011,037,152.08-1,835,135.68 99.99% 02-58400-443 DIFA-ECONOMIC DEVELOPMENT 583,524.000.000.000.00583,524.000.00 100.00% 02-58400-444 ECONOMIC DEVELOPMENT GRANTS 1,001,341.44210,591.0320,496.40190,094.631,176,377.13-35,555.34 85.12% 02-58400-445 MARKETING INCENTIVES 217,836.83767.170.00767.17218,604.000.00 99.65% 02-58500-460 COMMUNITY POLICING INNOVATIONS 1,383,466.5620.9920.990.001,383,487.550.00 100.00% 02-58500-470 COMMUNITY SUPPORT PROJECTS 186,724.5398,749.7235,317.1963,432.53650,157.06364,682.81 28.72% 02-58500-480 COMMUNITY SPECIAL EVENTS 507,941.76139,230.2423,541.88115,688.36647,172.000.00 78.49% Expense Totals:-2,427,022.06 29,877,334.14 888,097.68 2,874,075.69 3,762,173.37 28,542,182.83 95.53% 02 - PROJECTS FUND Totals:-2,427,022.06 4,098,391.14 -1,709,247.29 -14,792,707.36 -16,501,954.65 23,027,367.85 03 - DEBT SERVICE Revenue 03-46100 INTEREST INCOME 5,503.48-5,503.48-4,065.83-1,437.650.000.00 0.00% 03-49900 TRANSFERS IN 0.00-2,317,425.00-2,317,425.000.00-2,317,425.000.00 0.00% Revenue Totals:0.00 -2,317,425.00 -1,437.65 -2,321,490.83 -2,322,928.48 5,503.48 0.24% Expense 03-59800-814 BOND 2012 PRINCIPAL 1,487,000.000.000.000.001,487,000.000.00 100.00% 03-59800-815 BOND 2015 PRINCIPAL 705,000.000.000.000.00705,000.000.00 100.00% 03-59800-824 BOND 2012 INTEREST 77,235.000.000.000.0077,235.000.00 100.00% 03-59800-826 BOND 2015 INTEREST 47,190.000.000.000.0047,190.000.00 100.00% 03-59800-830 FINANCIAL AGENT FEES 1,000.000.000.000.001,000.000.00 100.00% Expense Totals:0.00 2,317,425.00 0.00 0.00 0.00 2,317,425.00 100.00% 03 - DEBT SERVICE Totals:0.00 0.00 -1,437.65 -2,321,490.83 -2,322,928.48 2,322,928.48 Report Total:-2,427,942.02 4,178,166.27 -25,604,521.46 2,889,817.77 -22,714,703.69 29,320,811.98 10 Detail vs Budget Report Date Range: 01/01/2025 - 01/31/2025 2/4/2025 9:48:22 AM Page 5 of 5 Fund Summary Fund Beginning Balance Total Activity Ending BalanceFiscal Budget Budget RemainingEncumbrances % Remaining -919.96 79,775.13 -23,893,836.52 20,004,015.96 -3,889,820.56 3,970,515.6501 - GENERAL FUND -2,427,022.06 4,098,391.14 -1,709,247.29 -14,792,707.36 -16,501,954.65 23,027,367.8502 - PROJECTS FUND 0.00 0.00 -1,437.65 -2,321,490.83 -2,322,928.48 2,322,928.4803 - DEBT SERVICE Report Total:-2,427,942.02 4,178,166.27 -25,604,521.46 2,889,817.77 -22,714,703.69 29,320,811.98 11 •Attachment I - November 21, 2024 CRA Meeting Minutes COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: February 11, 2025 CONSENT AGENDA AGENDA ITEM 11.B SUBJECT: Approval of the CRA Board Meeting Minutes for November 21, 2024 SUMMARY: See attached minutes. CRA BOARD OPTIONS: Approve the November 21, 2024 CRA Board Meeting Minutes. ATTACHMENTS: Description 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 •Attachment I - December 10, 2024 CRA Meeting Minutes COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: February 11, 2025 CONSENT AGENDA AGENDA ITEM 11.C SUBJECT: Approval of the CRA Board Meeting Minutes for December 10, 2024 SUMMARY: See attached minutes. CRA BOARD OPTIONS: Approve the December 10, 2024 CRA Board Meeting Minutes. ATTACHMENTS: Description 31 32 33 34 35 36 37 38 39 •Attachment I - January 14, 2025 CRA Meeting Minutes COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: February 11, 2025 CONSENT AGENDA AGENDA ITEM 11.D SUBJECT: Approval of the CRA Board Meeting Minutes for January 14, 2025 SUMMARY: See attached minutes. CRA BOARD OPTIONS: Approve the January 14, 2025 CRA Board Meeting Minutes. ATTACHMENTS: Description 40 41 42 43 44 45 46 47 48 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: February 11, 2025 CONSENT AGENDA AGENDA ITEM 11.E SUBJECT: Approval of the Commercial Property Improvement Grant Program in the Amount of $59,750 to DSS Restaurant Management Inc. d/b/a Two Georges Waterfront Grill located at 728 Casa Loma Boulevard SUMMARY: The CRA's Commercial Property Improvement Grant Program provides eligible businesses (new or existing) with financial assistance for the initial build-out costs associated with the construction, repaid, and/or rehabilitation of commercial building improvement. The Commercial Property Improvement Grant Programs provides a 50% reimbursement of the applicant's expenditure for the eligible improvements up to a maximum grant total of $50,000. Under the program guidelines eligible improvements must be permanent items that stay with the building. The Program also provides funding assistance related to the design fees for architectural, electrical, civil, mechanical, and/or plumbing improvements for eligible property improvements. Applicants are eligible to receive 50% of the applicant's project budget up to a maximum amount of $10,000. CRA staff has received a complete grant application from DSS Restaurant Management Inc. d/b/a Two Georges Waterfront Grill located at 728 Casa Loma Boulevard , Boynton Beach, FL 33435 (see Attachments I-III). Two Georges has been long been a staple to Boynton Beach offering welcoming waterfront dining. For over 27 years, Two Georges has been serving delicious food and cold drinks with priceless views along the Intracoastal Waterway. As a restaurant, the applicant falls under the terms of a Tier I business as outlined in the grant application. The applicant is seeking reimbursement for eligible improvements to the exterior docks used as the dining space for the restaurant. The total cost of eligible property improvements is approximately $847,000 (see Attachment IV). The associated design fees for the project are approximately $19,500 (see Attachment V). If approved, the applicant is eligible to receive a maximum grant of $50,000 in reimbursable funding for the property improvements and $9,750 in design fees provided that the applicant expends an equal amount in matching funds as required under the terms of the grant. The grant is reimbursed to the applicant once the City of Boynton Beach Building Department approves all permit requirements and the proper reimbursement documentation is submitted to CRA staff or approval. 49 •Attachment I - Commercial Property Improvement Grant Application •Attachment II - Location Map •Attachment III - Lease •Attachment IV - Project Quote •Attachment V - Design Fees FISCAL IMPACT: FY 2024-2025 Budget Project Fund, Line Item 02-58400-444, $50,000 for Property Improvements. $9,750 for Design Fees CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: Approval of a Commercial Property Improvement Grant Program in the Amount of $59,750 to DSS Restaurant Management Inc. d/b/a Two Georges Waterfront Grill located at 728 Casa Loma Boulevard, Boynton Beach, FL 33435. ATTACHMENTS: Description 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 Business Information Additional Information Application Commercial Property Improvement Grant Application Status Awaiting Decision Business Name Two Georges Waterfront Grille Contact Legal Name Steven Scaggs Contact Preferred Name Kevin Kudlinski Email kud127@yahoo.com Address 728 Casa Loma Blvd, Boynton Beach , Fl 33435, Boynton Beach, Florida 33435, United States Phone 561-736-2717 Website http://www.Twogeorgesrestaurant.com Special Requests Submitted Time Dec 27, 2024 3:36 pm Tags Boynton Beach Business Address: n/a Provide a list of all principal owners listed on the corporate documents Steven Scaggs Business Mission Statement attached Are you an existing business in Boynton Beach? 12/30/24, 11:00 AM Artist, Vendor & Exhibitor Submission - BBCRA Economic Development Grant Programs - Eventeny https://www.eventeny.com/dashboard/events/event/vendors/list/view/?id=12701&vend_id=463109 1/567 Yes Numbers of years in existence 28 Are you a new business in Boynton Beach? No Description of your business Waterfront Restaurant in Boynton Marina Type of Business Tier I Base Rent (include CAM if applicable) o Square Footage of Current Location 5288 Square Footage of New Location (No response submitted) Number of Employees & Job Descriptions Over 100 employees Hours of Operation sun -Mon 11am to 11pm Are you applying for grant assitance under any other program offered by the BBCRA? None Are you applying for grant assistance under any other governmental agencies? n/a Landlord Contact Information Steven Scaggs In the following sections, please upload the requested documents. If more than one file is needed in a response to an individual prompt, go to "Choose Files," select multiple files at the same time in order for them to upload. I understand Upload resumes for each principal/owner listed on corporate documents here: File uploaded Upload a copy of the lease here: File uploaded Upload a copy of the corporate documents here: File uploaded Upload two years of corporate tax returns here: File uploaded Upload City of Boynton Beach Business Tax Reciept here: File uploaded Upload Palm Beach County Business Tax Reciept here: 12/30/24, 11:00 AM Artist, Vendor & Exhibitor Submission - BBCRA Economic Development Grant Programs - Eventeny https://www.eventeny.com/dashboard/events/event/vendors/list/view/?id=12701&vend_id=463109 2/568 Prices File uploaded Upload Credit Check Authorization Form here: File uploaded Upload Business w9 here: File uploaded Upload Grant Intake Form here: File uploaded Upload Signed "Program Rules and Regulations" here: File uploaded List of improvements seeking reimbursement for: Removing wooden docks and replacing with cement pilings and cement slab and raising dock higher to deal with king tides Requested grant amount for design fees: 10,000 Requested grant amount for eligible property improvments: 50,000 Upload cost estimates from a licensed contractor(s) here: File uploaded If design funding is requested, upload the cost estimate(s) from a qualified licensed design professional here: File uploaded Upload a copy of design and construction plans associated with the proposed improvements here: File uploaded Upload a copy of the building permit application here: File uploaded Upload the "City Acknowledgement" Forms here: (No response submitted) Upload Notarized "Anti-Human Trafficking Affidavit" here: File uploaded I understand that submission of an application is not a guarantee of grant funding or Board approval. Any "approval" notifications sent through Eventeny are purely administrative. Final approval will occur at the next available Board Meeting. Steven Scaggs How would you like to pay your application fee? Pay with credit card Application Fee Quantity - 1 | Total - $100.00 12/30/24, 11:00 AM Artist, Vendor & Exhibitor Submission - BBCRA Economic Development Grant Programs - Eventeny https://www.eventeny.com/dashboard/events/event/vendors/list/view/?id=12701&vend_id=463109 3/569 12/30/24, 11:00 AM Artist, Vendor & Exhibitor Submission - BBCRA Economic Development Grant Programs - Eventeny https://www.eventeny.com/dashboard/events/event/vendors/list/view/?id=12701&vend_id=463109 4/570 Pictures 12/30/24, 11:00 AM Artist, Vendor & Exhibitor Submission - BBCRA Economic Development Grant Programs - Eventeny https://www.eventeny.com/dashboard/events/event/vendors/list/view/?id=12701&vend_id=463109 5/571 Reset Select Language ▼ Search by Address, Owner, or PCN Return Property Info Layers Tools & Reports Help View Property Record Print DSS PROPERTIES LOCATION 728 CASA LOMA BLVD MUNICIPALITY BOYNTON BEACH PARCEL NO. 08-43-45-27-03-000-0010 SUBDIVISION CASA LOMA IN BOOK/PAGE 09821/0800 SALE DATE MAY-1997 MAILING ADDRESS 1694 SABAL PALM DR BOCA RATON FL 33432 7423 USE TYPE 2100 - RESTAURANT TOTAL SQUARE FEET 5288 OWNERS PROPERTY DETAIL SALES INFORMATION v.1.4b 12/30/24, 12:43 PM PAPA Countywide Map https://gis.pbcgov.org/papagis/papa.html#1/172 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: February 11, 2025 CONSENT AGENDA AGENDA ITEM 11.F SUBJECT: Approval of the Commercial Property Improvement Grant Program in the Amount of $27,900 to Robinsons BBQ Inc. located at 132 E. Martin Luther King Jr. Boulevard SUMMARY: The CRA's Commercial Property Improvement Grant Program provides eligible businesses (new or existing) with financial assistance for the initial build-out costs associated with the construction, repaid, and/or rehabilitation of commercial building improvement. The Commercial Property Improvement Grant Programs provides a 50% reimbursement of the applicant's expenditure for the eligible improvements up to a maximum grant total of $50,000. Under the program guidelines eligible improvements must be permanent items that stay with the building. The Program also provides funding assistance related to the design fees for architectural, electrical, civil, mechanical, and/or plumbing improvements for eligible property improvements. Applicants are eligible to receive 50% of the applicant's project budget up to a maximum amount of $10,000. CRA staff has received a complete grant application from Robinsons BBQ Inc. located at 132 E. Martin Luther King Jr. Boulevard , Boynton Beach, FL 33435 (see Attachments I-III). Robinsons BBQ has been a staple in the Heart of Boynton for over 27 years serving high- quality, flavorful barbeque and seafood with their signature handyman sauce. The family- owned operation has grown over the years while preserving its welcoming atmosphere and rich history while serving delicious barbeque that reflects the region's culinary heritage. As a restaurant, the applicant falls under the terms of a Tier I business as outlined in the grant application. The applicant is seeking reimbursement for eligible interior improvements including new flooring, paint, new electrical, new bathroom, and meeting ADA Code. The total cost of eligible property improvements is approximately $46,500 (see Attachment IV). If approved, the applicant is eligible to receive a maximum grant of $27,900 which includes a 20% contingency in reimbursable funding for the property improvements provided that the applicant expends an equal amount in matching funds as required under the terms of the grant. The grant is reimbursed to the applicant once the City of Boynton Beach Building Department approves all permit requirements and the proper reimbursement documentation is submitted to CRA staff or approval. FISCAL IMPACT: 96 •Attachment I - Commercial Property Improvement Grant Application •Attachment II - Location Map •Attachment III - Lease •Attachment IV - Project Quote FY 2024-2025 Budget Project Fund, Line Item 02-58400-444, $27,900 for Property Improvements CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: Approval of a Commercial Property Improvement Grant Program in the Amount of $27,900 to Robinsons BBQ Inc. located at 132 E. Martin Luther King Jr. Boulevard , Boynton Beach, FL 33435. ATTACHMENTS: Description 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 Business Information Additional Information Application Commercial Property Improvement Grant Application Status Awaiting Decision Business Name Robinsons BBQ Inc Contact Legal Name Larry Robinson Contact Preferred Name Lisa Robinson Email lemory1@gmail.com Address 132 MLK Jr. Blvd, Boynton Beach, Florida 33435, United States Phone 561-703-0213 Website http://N/A Special Requests Submitted Time Jan 13, 2025 9:21 pm Tags Boynton Beach Business Address: 132 Martin Luther King Jr. Blvd Provide a list of all principal owners listed on the corporate documents Larry Robinson 132 MLK Jr. Blvd, Boynton Beach, FL 33435 Business Mission Statement Will provide with other documents. Are you an existing business in Boynton Beach? 1/22/25, 1:08 PM Artist, Vendor & Exhibitor Submission - BBCRA Economic Development Grant Programs - Eventeny https://www.eventeny.com/dashboard/events/event/vendors/list/view/?id=12701&vend_id=479026&index=1&total=13 1/5114 Yes Numbers of years in existence 28 Are you a new business in Boynton Beach? No Description of your business Full service restaurant Type of Business Tier I Base Rent (include CAM if applicable) 1400.00 Square Footage of Current Location 835 Square Footage of New Location N/A Number of Employees & Job Descriptions Will provide with other documents. Hours of Operation Will provide with other documents. Are you applying for grant assitance under any other program offered by the BBCRA? None Are you applying for grant assistance under any other governmental agencies? N/A Landlord Contact Information Octavia Bell PO Box 914 Boynton Beach, FL 33425 561-371-5696 In the following sections, please upload the requested documents. If more than one file is needed in a response to an individual prompt, go to "Choose Files," select multiple files at the same time in order for them to upload. I understand Upload resumes for each principal/owner listed on corporate documents here: File uploaded Upload a copy of the lease here: File uploaded Upload a copy of the corporate documents here: File uploaded Upload two years of corporate tax returns here: File uploaded Upload City of Boynton Beach Business Tax Reciept here: File uploaded Upload Palm Beach County Business Tax Reciept here: 1/22/25, 1:08 PM Artist, Vendor & Exhibitor Submission - BBCRA Economic Development Grant Programs - Eventeny https://www.eventeny.com/dashboard/events/event/vendors/list/view/?id=12701&vend_id=479026&index=1&total=13 2/5115 Prices File uploaded Upload Credit Check Authorization Form here: File uploaded Upload Business w9 here: File uploaded Upload Grant Intake Form here: File uploaded Upload Signed "Program Rules and Regulations" here: File uploaded List of improvements seeking reimbursement for: Remove existing tile and baseboards and install new tile and baseboards for entire interior space, including bathrooms. Remove old doors and wood panels and replace with new doors and new paint inside and install new cabinetry. Also bathroom upgrade (2). Upgrade hot water heater and misc. electrical. Requested grant amount for design fees: 0 Requested grant amount for eligible property improvments: 50,000 Upload cost estimates from a licensed contractor(s) here: File uploaded If design funding is requested, upload the cost estimate(s) from a qualified licensed design professional here: (No response submitted) Upload a copy of design and construction plans associated with the proposed improvements here: (No response submitted) Upload a copy of the building permit application here: (No response submitted) Upload the "City Acknowledgement" Forms here: (No response submitted) Upload Notarized "Anti-Human Trafficking Affidavit" here: File uploaded I understand that submission of an application is not a guarantee of grant funding or Board approval. Any "approval" notifications sent through Eventeny are purely administrative. Final approval will occur at the next available Board Meeting. Larry Robinson How would you like to pay your application fee? Drop off a check to the BBCRA Office 1/22/25, 1:08 PM Artist, Vendor & Exhibitor Submission - BBCRA Economic Development Grant Programs - Eventeny https://www.eventeny.com/dashboard/events/event/vendors/list/view/?id=12701&vend_id=479026&index=1&total=13 3/5116 Application Fee Quantity - 1 | Total - $0.00 1/22/25, 1:08 PM Artist, Vendor & Exhibitor Submission - BBCRA Economic Development Grant Programs - Eventeny https://www.eventeny.com/dashboard/events/event/vendors/list/view/?id=12701&vend_id=479026&index=1&total=13 4/5117 Pictures 1/22/25, 1:08 PM Artist, Vendor & Exhibitor Submission - BBCRA Economic Development Grant Programs - Eventeny https://www.eventeny.com/dashboard/events/event/vendors/list/view/?id=12701&vend_id=479026&index=1&total=13 5/5118 Reset Select Language ▼ Search by Address, Owner, or PCN Return Property Info Layers Tools & Reports Help View Property Record Print BELL ALBERTA K BELL OCTAVIA C & LOCATION 130 E MARTIN LUTHER KING JR BLVD MUNICIPALITY BOYNTON BEACH PARCEL NO. 08-43-45-21-10-005-0070 SUBDIVISION PALM BEACH COUNTRY CLUB ESTS IN BOOK/PAGE 17780/341 SALE DATE SEP-2004 MAILING ADDRESS PO BOX 914 BOYNTON BEACH FL 33425 0914 USE TYPE 1100 - STORES TOTAL SQUARE FEET 3485 OWNERS PROPERTY DETAIL v.1.4a 1/22/25, 1:16 PM PAPA Countywide Map https://gis.pbcgov.org/papagis/papa.html#1/1119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 Contract Date 1/24/2025 Date 1/24/2025 Contract# 1754 Name / Address Robinsons BBQ, Inc. 132 Martin Luther King Jr. Blvd Boynton Beach, FL 33435 ProjectTerms Signature _____________________________________Signature _____________________________________ Total Lic. CGC-1517961 Ins. 662719 www.newboldconstruction.com Email: newboldconst@aol.com Ph: (561) 355-4022 Cel: (561) 644-5764 Fax: (561) 355-4023 We hereby propose to furnish labor and materials complete in accordance with the above specifications. The above prices, specifications, and conditions are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. Date: _______________ All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from the above specifications involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond out control. This proposal subject to acceptance within 30 days and it is void thereafter at the option of the undersigned. Description Cost Total 4,255.00 4,255.00 8,300.00 8,300.00 2,925.46 2,925.46 5,214.00 5,214.00 1,950.00 1,950.00 1,200.00 1,200.00 3,875.54 3,875.54 3,150.00 3,150.00 1,685.00 1,685.00 5,845.00 5,845.00 3,100.00 3,100.00 3,500.00 3,500.00 5,000.00 5,000.00 Interior Renovation Robinson BBQ Selective Demolition / walls , flooring, ceiling, doors Install new ceramic tile flooring entire unit Framing 3 5/8'' 20 gauge metal studs Drywall level four finish Baseboards 5 1/4'' Interior prehung doors (4) Paint entire interior with latex paint low voc Bring all plumbing up-to 2023 Florida Building Code 8th Edition Install new bathroom fixtures (toilet,sink) Bring all electrical up-to 2023 NEC Code Bring unit up-to Florida Accessibility Code Cabinets and counter tops (allowance) not eligible for grant funding BUILDER'S FEE Notes: All work will be completed 60 days from notice to proceed giving. All work has one calendar year warranty from completion date. $50,000.00 144 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: February 11, 2025 CONSENT AGENDA AGENDA ITEM 11.G SUBJECT: Approval of the Commercial Rent Reimbursement Grant Program in the Amount of $24,000 to Bungalow at Boynton LLC d/b/a The Bungalow Bar & Grill located at 511 NE 4th Street SUMMARY: The CRA's Commercial Rent Reimbursement Grant Program provides qualified new or expanding businesses located within the CRA boundaries with rent payment assistance for a maximum period of 12 months. CRA staff has received a complete grant application from Bungalow at Boynton LLC d/b/a The Bungalow Bar & Grill located at 511 NE 4th Street, Boynton Beach, FL 33435 (see Attachments I-II). The Bungalow Bar & Grill has become a vibrant cornerstone in Boynton with a laid back atmosphere featuring an active schedule of unique, community-driven events. The Bungalow is an immersive experience that goes beyond dining and drinking. A vibrant Key West inspired décor that sets the stage for relaxation and socialization. The menu features fresh flavorful dishes and creative cocktails, emphasizing seasonal ingredients and local seafood. They have an ever-changing line up of events and live music to ensure every visit offers something new and exciting. As a full service restaurant, The Bungalow Bar & Grill employs 23 part-time and full-time positions for hostesses, bartenders, chefs, dishwashers, servers and managers. Under the terms of their proposed Landlord-Tenant Lease Agreement, the base rent to be paid by the applicant is $9,750 per month (see Attachment III). The Bungalow Bar & Grill qualifies as a Tier I business (as specified in the grant application) and would receive reimbursement for one-half of their monthly rent amount or maximum grant amount of $2,000 per month for a 12-month period, whichever is less. If approved, The Bungalow Bar & Grill would be reimbursed in the amount of $2,000/month for a period of 12 months or a total grant amount of $24,000 during its first year of business. Grant reimbursements to the approved applicant occur on a monthly basis with proof of rent payments. FISCAL IMPACT: FY 2024-2025 Budget, Project Fund, Line Item 02-58400-444, $24,000 145 •Attachment I - Commercial Rent Reimbursement Grant Program Application •Attachment II - Location Map •Attachment III - Lease CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: Approval of the Commercial Rent Reimbursement Grant in the amount not to exceed $24,000 to Bungalow at Boynton LLC d/b/a The Bungalow Bar & Grill located at 511 NE 4th Street, Boynton Beach, FL 33435. ATTACHMENTS: Description 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 Reset Select Language ▼ Search by Address, Owner, or PCN Return Property Info Layers Tools & Reports Help View Property Record Print MEADOWCROFT LIVING TRUST LOCATION 511 NE 4TH ST MUNICIPALITY BOYNTON BEACH PARCEL NO. 08-43-45-21-26-003-0020 SUBDIVISION ROBERT ADD TO TOWN OF BOYNTON IN BOOK/PAGE 35090/1667 SALE DATE JUN-2024 MAILING ADDRESS 522 NE 4TH ST BOYNTON BEACH FL 33435 4142 USE TYPE 2100 - RESTAURANT TOTAL SQUARE FEET 1740 OWNERS PROPERTY DETAIL SALES INFORMATION v.1.4a 1/28/25, 3:29 PM PAPA Countywide Map https://gis.pbcgov.org/papagis/papa.html#1/1165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: February 11, 2025 CONSENT AGENDA AGENDA ITEM 11.H SUBJECT: Approval of the Commercial Property Improvement Grant Program in the Amount of $9,571.48 t o The Meaning Channel Group LLC located in Colonial Center at 1210 S. Federal Highway, Unit 101 SUMMARY: The CRA's Commercial Property Improvement Grant Program provides eligible businesses (new or existing) with financial assistance for the initial build-out costs associated with the construction, repaid, and/or rehabilitation of commercial building improvement. The Commercial Property Improvement Grant Programs provides a 50% reimbursement of the applicant's expenditure for the eligible improvements up to a maximum grant total of $50,000. Under the program guidelines eligible improvements must be permanent items that stay with the building. The Program also provides funding assistance related to the design fees for architectural, electrical, civil, mechanical, and/or plumbing improvements for eligible property improvements. Applicants are eligible to receive 50% of the applicant's project budget up to a maximum amount of $10,000. CRA staff has received a complete grant application from The Meaning Channel Group LLC located in Colonial Center at 1210 S. Federal Highway, Unit 101, Boynton Beach, FL 33435 (see Attachments I-III). The Meaning Channel Group is committed to providing quality medical spa services with a focus on healthy lifestyle living. They will not only offer services but also provide the community with free of charge lectures by top experts on longevity, nutrition and the importance of early detection. As a professional office, the applicant falls under the terms of a Tier II business as outlined in the grant application. The applicant is seeking reimbursement for eligible interior improvements including new flooring, paint, signage, ceiling tiles and bathroom upgrades. The total cost of eligible property improvements is approximately $15,952.47 (see Attachment IV). If approved, the applicant is eligible to receive a maximum grant of $9,571.48 which includes a 20% contingency in reimbursable funding for the property improvements provided that the applicant expends an equal amount in matching funds as required under the terms of the grant. The grant is reimbursed to the applicant once the City of Boynton Beach Building Department approves all permit requirements and the proper reimbursement documentation is submitted to CRA staff or approval. 186 •Attachment I - Commercial Property Improvement Grant Application •Attachment II - Location Map •Attachment III - Lease •Attachment IV - Project Quote FISCAL IMPACT: FY 2024-2025 Budget Project Fund, Line Item 02-58400-444, $9,571.48 for Property Improvements CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: Approval of a Commercial Property Improvement Grant Program in the Amount of $9,571.48 t o The Meaning Channel Group LLC located in Colonial Center at 1210 S. Federal Highway, Unit 101, Boynton Beach, FL 33435. ATTACHMENTS: Description 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 Submission details Options Business Information 1210 S. Federal Hwy, STE 101, Boynton Beach, Florida 33435, United States Jan 20, 2025 1:58 pm Thank you for applying for the Commercial Property Improvement Grant! We will be in touch shortly. Commercial Property Improvement Grant Application A P P L I C AT I O N S TAT U S Awaiting Decision The Meaning Channel Group LLC. B U S I N E S S N A M E Yaniv Yacobi C O N T A C T L E G A L N A M E niv@royalage.com E M A I L A D D R E S S 310−310−9701 P H O N E https://www.jpost.com/business-and-innovation/tech-and-start-ups/article-715477#google_vignette W E B S I T E S P E C I A L R E Q U E S T S & C O M M E N T S S U B M I T T E D T I M E S U B M I S S I O N M E S S AG E TA G S L O G O Back to all submissions 3 of 15 Menu Boynton Beach CRA Community Refer & Earn Messages Events Bonnie Nicklien AdministratorB 1/30/25, 11:42 AM Artist, Vendor & Exhibitor Submission - BBCRA Economic Development Grant Programs - Eventeny https://www.eventeny.com/dashboard/events/event/vendors/list/view/?id=12701&vend_id=485758&index=2&total=15 1/7204 Additional Information Submitted by Y Name Yaniv Yacobi Email niv@royalage.com N/A Yaniv Yacobi 340 Royal Poinciana Way 324−841 Palm Beach FL To provide excellent quality medical spa services with a healthy longevity wellness life style living. No 2 Yes Medical Spa, Who not only o er services but provide the community with free of charge lectures by top experts on Longevity, Nutrition, Healthy life style and the importance of early detection. Tier II $2,909.75 N/A Boynton Beach Business Address: edit Provide a list of all principal owners listed on the corporate documents edit Business Mission Statement edit Are you an existing business in Boynton Beach? edit Numbers of years in existence edit Are you a new business in Boynton Beach? edit Description of your business edit Type of Business edit Base Rent (include CAM if applicable) edit Square Footage of Current Location edit Square Footage of New Location 1/30/25, 11:42 AM Artist, Vendor & Exhibitor Submission - BBCRA Economic Development Grant Programs - Eventeny https://www.eventeny.com/dashboard/events/event/vendors/list/view/?id=12701&vend_id=485758&index=2&total=15 2/7205 900 (1) Full time Secretary - For schduling appointments and provide information. (2) Full time Aesthetician - Provide facials. (3) Administration Manager. (4) Lead Marketing and Sales Manager. 9:00 AM to 6:00 PM Commercial Rent Reimbursement Grant Program N/A Shmuel Michaeli , 424−653−8980 I understand edit Number of Employees & Job Descriptions edit Hours of Operation edit Are you applying for grant assitance under any other program o ered by the BBCRA? edit Are you applying for grant assistance under any other governmental agencies? edit Landlord Contact Information edit In the following sections, please upload the requested documents. If more than one file is needed in a response to an individual prompt, go to "Choose Files," select multiple files at the same time in order for them to upload. edit Upload resumes for each principal/owner listed on corporate documents here: 19958−application-vendor-question-qm8fs3r6qbc01737399120.pdf Added by [Yaniv] 01/20/25 edit Upload a copy of the lease here: 19958−application-vendor-question-x2jj55n5yp6n1737399120.pdf Added by [Yaniv] 01/20/25 edit Upload a copy of the corporate documents here: edit Upload two years of corporate tax returns here: 19958−application-vendor-question-8gsqwmn003n21737399120.docx Added by [Yaniv] 01/20/25 1/30/25, 11:42 AM Artist, Vendor & Exhibitor Submission - BBCRA Economic Development Grant Programs - Eventeny https://www.eventeny.com/dashboard/events/event/vendors/list/view/?id=12701&vend_id=485758&index=2&total=15 3/7206 No response submitted The current location look old and not appropriate for business required to welcome customers face to face. We are looking to get the o ce remodeled and upscale to fit the business goals and needs. 0 edit Upload City of Boynton Beach Business Tax Reciept here: 19958−application-vendor-question-q7×njt5cxkb71737399120.pdf Added by [Yaniv] 01/20/25 edit Upload Palm Beach County Business Tax Reciept here: edit Upload Credit Check Authorization Form here: edit Upload Business w9 here: 19958−application-vendor-question-8w0wrbchxsxl1737399120.pdf Added by [Yaniv] 01/20/25 edit Upload Grant Intake Form here: 19958−application-vendor-question-4t0y7b85jq1g1737399120.docx Added by [Yaniv] 01/20/25 edit Upload Signed "Program Rules and Regulations" here: 19958−application-vendor-question-yfn6cx027b9k1737399120.pdf Added by [Yaniv] 01/20/25 edit List of improvements seeking reimbursement for: edit Requested grant amount for design fees: edit 1/30/25, 11:42 AM Artist, Vendor & Exhibitor Submission - BBCRA Economic Development Grant Programs - Eventeny https://www.eventeny.com/dashboard/events/event/vendors/list/view/?id=12701&vend_id=485758&index=2&total=15 4/7207 Pictures 9,571.48 Edited by Bonnie No response submitted No response submitted No response submitted No response submitted Pay with credit card Requested grant amount for eligible property improvments: edit Upload cost estimates from a licensed contractor(s) here: 19958−application-vendor-question-221st1g8l74z1737399121.pdf Added by [Yaniv] 01/20/25 edit If design funding is requested, upload the cost estimate(s) from a qualified licensed design professional here: edit Upload a copy of design and construction plans associated with the proposed improvements here: edit Upload a copy of the building permit application here: edit Upload the "City Acknowledgement" Forms here: edit Upload Notarized "Anti-Human Tra cking A davit" here: 19958−application-vendor-question-d2rf1hcqsw951737399121.docx Added by [Yaniv] 01/20/25 edit I understand that submission of an application is not a guarantee of grant funding or Board approval. Any "approval" notifications sent through Eventeny are purely administrative. Final approval will occur at the next available Board Meeting. Yaniv Yac i Device and location locked How would you like to pay your application fee? edit edit info edit info edit info 1/30/25, 11:42 AM Artist, Vendor & Exhibitor Submission - BBCRA Economic Development Grant Programs - Eventeny https://www.eventeny.com/dashboard/events/event/vendors/list/view/?id=12701&vend_id=485758&index=2&total=15 5/7208 10/30/23, 10:04 AM PAPA Maps https://maps.co.palm-beach.fl.us/cwgis/papa.html?qvalue=08434527510012010 1/1 View Property Record Owners ECLIPSE LLC Property Detail Location 1200 S FEDERAL HWY 201 Municipality BOYNTON BEACH Parcel No.08434527510012010 Subdivision COLONIAL CENTER COND DECL FILED 11-19-81 Book 32670 Page 1686 Sale Date JUL-2021 Mailing Address 123 NE 1ST AVE DELRAY BEACH FL 33444 3712 Use Type 1704 - OFF BLDG- NON MEDIC 1 TO 3 STORIES CONDO Total Square Feet 0 Sales Information Sales Date Price JUL-2021 230000 FEB-2021 100 JUN-2020 10 DEC-2008 190500 AUG-2006 10 1 2 3 Appraisals Tax Year 2023 P Improvement Value $194,280 Land Value $0 Total Market Value $194,280 P = Preliminary All values are as of January 1st each year Assessed/Taxable values Tax Year 2023 P Assessed Value $194,280 Exemption Amount $0 Taxable Value $194,280 Taxes Tax Year 2023 P Ad Valorem $3,938 Non Ad Valorem $534 Search by Owner, Address or Parcel 209 LEASE OF OFFICE SPACE THIS LEASE is made Feb 1st, 2025, by and between RSS Colonial Holdings, LLC, a Florida limited liability company, with offices at 1200 S Federal Hwy, Boynton Beach, Florida 33435 (hereinafter "Landlord") and The Meaning Channel Group LLC., a Florida Corporation, with offices at 1210 S Federal Hwy, Ste 101, Boynton Beach, FL 33435 (hereinafter "Tenant"). In consideration for the mutual promises and covenants contained herein, and for other good and valuable consideration, the parties hereby agree as follows: 1. The Landlord leases to the Tenant, and the Tenant rents from the Landlord, the following described premises: An approximately 900 square foot professional office suite (the “Premises”) for use by Tenant between 7:00 am and 8:30 pm, together with access to any and all common areas and commonly shared facilities, all located at 1210 South Federal Highway Suite 101, Boynton Beach, Florida 33435, a unit in the Colonial Center, a condominium (the “Condominium”). 2. The term of the Lease shall be for twenty four (24) months which commenced on Feb 1st, 2025, and will end on Feb 28, 2027, with an option for the Tenant to renew at the same rental amount for the subsequent 12 months. Notwithstanding the foregoing, either party may terminate this Lease at any time, for any reason or no reason, upon not less than Ninty (90) days prior to the end of the current term, by providing written notice to the other party. 3. The Tenant shall pay to Landlord, as rent during the term of the Lease, the sum of $2625.00 per month, plus required state and local sales taxes at a rate of 3.0%, in consecutive monthly installments totaling $2703.75 each, payable in advance on the 1st day of each and every calendar month during the term of the Lease. 4. This Lease is subject to all present or future mortgages affecting the Premises. 210 5. The Lease will enter into effect with the initial approval of the premises HOA. 6. Tenant shall be entitled to use and occupy the Premises only for the purpose of conducting a Medical / Spa Practice (“Practice”) limited to the scope of Practice defined by its professional licensure. 7. Tenant shall not make any alterations, additions or improvements to the Premises without the prior written consent of Landlord. Landlord will make sure to deliver the space clean and ready to move, with fresh new wall paint and new clean Hardwood floor. 8. Tenant shall maintain the interior of the Premises in clean condition, Landlord and/or the Association, but not Tenant, shall be responsible for the maintenance, repair, replacement of any portions of the exterior Premises, the building, the Condominium or the property on which they are located, including any pipes, lines or utility conduits located within or otherwise servicing the same. 9. Tenant, at his own expense, shall be responsible for electricity, tv cable, internet access, interior plumbing fixture and toilet repairs, interior janitorial and interior cleaning, window cleaning, heating, ventilating and air conditioning (HVAC) maintenance and repairs and any other costs required by Tenant to conduct and maintain the Practice in the Premises. Landlord shall be responsible for the Colonial Center Condo Association assessments and reoccurring fees, including water, sewage, dumpster dunnage removeal and property taxes. 10. Landlord will place the Tenant’s name on the door to Tenant’s Premises (Suite 101) and place it on the building directory, if any. 11. In the event the Premises becomes untenantable for more than 30 consecutive business days during the term of this Lease for any reason, including, without limitation, fire, 211 windstorm, flood, hurricane or other casualty to the building or an order to vacate or deny access to the building issued by a governmental authority, so that Tenant cannot utilize the Premises for the purpose described in this Lease, Tenant, upon notice to Landlord, may terminate this Lease and thereby cancel the term of the Lease then remaining. 12. Tenant shall purchase at its own expense public liability insurance for the Premises naming Landlord as additional insured and shall provide satisfactory evidence thereof to the Landlord and shall continue same in force and effect throughout the Lease term hereof. 13. The Tenant agrees to (a) abide by all of the rules, restrictions, covenants, and agreements contained in the documents under which the Condominium is governed, (b) observe all of the statutes, rules, regulations, ordinances, codes and other laws which govern Tenant’s use of the Premises and the conduct of Tenant’s profession therein and (c) require all visitors to the Premises to comply with the requirements of all public health authorities. Landlord shall enforce all of the foregoing within the Condominium in order to gain compliance by all other unit owners, tenants and other occupants within the Condominium. 14. Tenant agrees to indemnify, hold harmless and defend landlord for, from and against any and all claims, actions, damages, liability and expenses in connection with loss of life, personal injury arising from or out of the occupancy or use of Premises, but only to the extent which it is not caused by Landlords gross negligence or willful misconduct. Landlord agrees to indemnify, hold harmless and defend Tenant, from and against any and all claims, actions damages, liability and expenses in connection with loss of life, personal injury, resulting from gross negligence or willful misconduct of Landlord. 15. The Tenant shall not sublet the Premises or assign its rights under this Lease nor allow any other person or business to use or occupy the Premises without the prior written consent of the Landlord. 16. At the end of the term of this Lease, the Tenant shall surrender and deliver up the 212 Premises in the same condition as presently exists, reasonable wear and tear excluded. 17. Upon default in the payment or performance by Tenant of any term or condition set forth in this Lease, then if Tenant fails to cure such default after receiving written notice thereof from Landlord and a reasonable opportunity to effect such cure, Landlord shall be entitled to exercise any or all remedies provided by Florida law under such circumstances. 18. This Lease shall be binding upon and shall inure to the benefit of the parties and their respective successors and assigns. IN WITNESS WHEREOF, the parties have executed this Lease as of the day and year first above written. Tenant: Landlord: _____________________________ RSS Colonial Holdings, LLC, The Meaning Channel Group LLC. a Florida limited liability company a Florida limited liability company By_____________________________ By___________________________ Yaniv Jacobi, Manager Roger Sipp, Manager ______Feb 1st, 2025_______________ _____Feb 1st, 2025______________ Date Date 213 Project Item Cost Maki Construction 5,000.00$ Ceiling Material (Lowes)1,721.41$ Light Fixtures (Lifetime)353.06$ Toilet /Vanity Replacement(Samuel Holdings Design)6,350.00$ Paint (Home Depot)600.00$ Labor for Paint 1,500.00$ Signage (MacLaren Signs)428.00$ Total Project Cost 15,952.47$ 50% Reimbursement 7,976.24$ Plus 20% Contingency 1,595.25$ Final Grant Request 9,571.48$ 214 215 216 217 218 219 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: February 11, 2025 CONSENT AGENDA AGENDA ITEM 11.I SUBJECT: Approval of a Second 90-Day Extension to Trilogy Fitness & MMA LLC located in Ocean Palm Plaza at 1550 N. Federal Highway Units 4-10 for their Commercial Property Improvement Grant SUMMARY: The CRA's Commercial Property Improvement Grant Program provides eligible businesses (new or existing) with financial assistance for the initial build-out costs associated with the construction, repaid, and/or rehabilitation of commercial building improvement. The Commercial Property Improvement Grant Programs provides a 50% reimbursement of the applicant's expenditure for the eligible improvements up to a maximum grant total of $50,000. Under the program guidelines eligible improvements must be permanent items that stay with the building. The Program also provides funding assistance related to the design fees for architectural, electrical, civil, mechanical, and/or plumbing improvements for eligible property improvements. Applicants are eligible to receive 50% of the applicant's project budget up to a maximum amount of $10,000. At the meeting held on June 13, 2023, the CRA Board awarded a Commercial Property Improvement Grant to Trilogy Fitness & MMA LLC, located in Ocean Palm Plaza at 1550 N. Federal Highway Units 4-10, Boynton Beach, FL 33435 (see Attachments I-II). Trilogy Fitness & MMA was founded on the three pillars of integrity, respect and discipline. Trilogy is committed to offering the highest level of physical fitness and to help the residents of Boynton Beach live a healthier, happier and stronger life through the practice of mixed martial arts. Trilogy's motto is: TRAIN. TRANSFORM. TRANSCEND. Per the grant guidelines, the applicant has 180 days from permit approval to complete their project and submit for reimbursement. The project received their permit on March 4, 2024. The applicant had until August 31, 2024, to complete their project and submit for reimbursement. On August 22, 2024, the CRA received an email request for the 90-day administrative extension which was approved by staff. At the November 21, 2024 meeting, the CRA Board approved the first 90-day extension request (see Attachment III) from November 29, 2024 to February 27, 2025. Trilogy received their Temporary Certificate of Occupancy in December 2024 and celebrated their Ribbon Cutting and Grand Opening on January 16, 2025. 220 •Attachment I - Commercial Property Improvement Grant Application •Attachment II - Location Map •Attachment III - November 2024 Extension Request •Attachment IV - January 2025 Extension Request On January 23, 2025, the grantee sent an email requesting a second 90 day-extension in order to allow more time to obtain the County/State licensing and provide the final documentation required to request final reimbursement (see Attachment IV). CRA staff supports the request for a 90-day extension from February 27, 2025 to May 28, 2025. FISCAL IMPACT: FY 2022-2023 Budget Project Fund, Line Item 02-58400-444, $25,000 for Property Improvements; $10,000 for Design Fees CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: Approve the 90-Day Extension to Trilogy Fitness & MMA LLC located in Ocean Palm Plaza at 1550 N. Federal Highway Units 4-10 for their Commercial Property Improvement Grant from February 27, 2025 to May 28, 2025. ATTACHMENTS: Description 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 2/7/2018 PAPA Maps http://maps.co.palm-beach.fl.us/cwgis/papa.html?qvalue=08434522060000630#1/1 View Property Record Owners YACHTSMANS PROPERTIES LLC Property detail Location 1550 N FEDERAL HWY 1 Municipality BOYNTON BEACH Parcel No.08434522060000630 Subdivision COQUINA COVE IN Book 27258 Page 86 Sale Date DEC-2014 Mailing Address STAJUS CONSULTING LLC C/O 80 BUSINESS PARK DR STE 103 ARMONK NY 10504 1704 Use Type 1100 - STORES Total Square Feet 16772 Sales Information Sales Date Price DEC-2014 3412500 AUG-2005 4700000 JUL-2005 10 JAN-1986 100 JAN-1986 750000 1 2 Appraisals Tax Year 2017 Improvement Value $898,823 Land Value $862,179 Total Market Value $1,761,002 All values are as of January 1st each year Assessed/Taxable values Tax Year 2017 Assessed Value $1,690,530 Exemption Amount $0 Taxable Value $1,690,530 Taxes Tax Year 2017 Ad Valorem $36,575 Non Ad Valorem $7,878 l $ Search by Owner, Address or Parcel 243 244 245 •Attachment I - Purchase and Sale Agreement-225 NE 9th Ave-Fully Executed •Attachment II - Location Map •Attachment III - Title Commitment COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: February 11, 2025 CONSENT AGENDA AGENDA ITEM 11.J SUBJECT: Approval of the First Addendum to the Purchase and Sale Agreement for 225 NE 9th Avenue for an Extension of Time SUMMARY: On November 21, 2024, the CRA Board approved and executed a Purchase and Sale Agreement for a vacant lot located at 225 NE 9th Avenue in the amount of $300,000 (see Attachment I). The property is adjacent to multiple CRA lots which will be used as part of a City/CRA project to extend NE 2nd Street from E. Martin Luther King, Jr. Blvd. (south) to NE 9th Avenue (see Attachment II). The property would help facilitate drainage issues in the area as part of the NE 2nd Street expansion and the Martin Luther King, Jr. Blvd. Streetscape Project. The title commitment shows that there are pending liens on the property (see Attachment III). The Seller has requested a 30 day extension in which to close in order to file a request for reduction in liens and appear before the special magistrate (see Attachment IV). The current closing date is on or before March 1, 2025. The requested new closing date would be on or before April 1, 2025. CRA legal counsel has reviewed and approved the attached First Addendum to the Purchase and Sale Agreement for the Board's approval and execution (see Attachment V). FISCAL IMPACT: FY 2024-2025 Budget, Project Fund, Line Item 02-58200-401 CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan - Heart of Boynton District CRA BOARD OPTIONS: Approval of the First Addendum to the Purchase and Sale Agreement for 225 NE 9th Avenue for an Extension of Time ATTACHMENTS: Description 246 •Attachment IV - Seller's Request for Closing Extension-225 NE 9th Avenue •Attachment V - First Addendum to Purchase and Sale Agreement 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 ALTA COMMITMENT FOR TITLE INSURANCE WITH FLORIDA MODIFICATIONS ISSUED BY STEWART TITLE GUARANTY COMPANY NOTICE IMPORTANT - READ CAREFULLY:THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT. THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED. THE COMPANY’S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. COMMITMENT TO ISSUE POLICY Subject to the Notice; Schedule B, Part I - Requirements; Schedule B, Part II - Exceptions; and the Commitment Conditions, STEWART TITLE GUARANTY COMPANY, a Texas corporation (the “Company”), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Amount of Insurance and the name of the Proposed Insured. If all of the Schedule B, Part I - Requirements have not been met within 180 days after the Commitment Date, this Commitment terminates and the Company’s liability and obligation end. Countersigned by: Reliable Abstract, Inc. 3200 N Federal Highway, Suite 222 Boca Raton, FL 33431 (561) 477-3464 This page is only a part of a 2021 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I - Requirements; and Schedule B, Part II - Exceptions; and a countersignature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No. R240056 FL010-UN ALTA Commitment For Title Insurance 2021 v. 01.00 (07-01-2021) with Florida Modifications Page 1 of 4 264 COMMITMENT CONDITIONS 1.DEFINITIONS x a.“Discriminatory Covenant”: Any covenant, condition, restriction, or limitation that is unenforceable under applicable law because it illegally discriminates against a class of individuals based on personal characteristics such as race, color, religion, sex, sexual orientation, gender identity, familial status, disability, national origin, or other legally protected class. b.“Knowledge” or “Known”: Actual knowledge or actual notice, but not constructive notice imparted by the Public Records. c.“Land”: The land described in Item 5 of Schedule A and improvements located on that land that by State law constitute real property. The term “Land” does not include any property beyond that described in Schedule A, nor any right, title, interest, estate, or easement in any abutting street, road, avenue, alley, lane, right-of-way, body of water, or waterway, but does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy. d.“Mortgage”: A mortgage, deed of trust, trust deed, security deed, or other real property security instrument, including one evidenced by electronic means authorized by law. e.“Policy”: Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company pursuant to this Commitment. f.“Proposed Amount of Insurance”: Each dollar amount specified in Schedule A as the Proposed Amount of Insurance of each Policy to be issued pursuant to this Commitment. g.“Proposed Insured”: Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment. h.“Public Records”: The recording or filing system established under State statutes in effect at the Commitment Date under which a document must be recorded or filed to impart constructive notice of matters relating to the Title to a purchaser for value without Knowledge. The term “Public Records” does not include any other recording or filing system, including any pertaining to environmental remediation or protection, planning, permitting, zoning, licensing, building, health, public safety, or national security matters. i.“State”: The state or commonwealth of the United States within whose exterior boundaries the Land is located. The term “State” also includes the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, and Guam. j.“Title”: The estate or interest in the Land identified in Item 3 of Schedule A. 2.If all of the Schedule B, Part I - Requirements have not been met within the time period specified in the Commitment to Issue Policy, this Commitment terminates and the Company’s liability and obligation end. 3.The Company’s liability and obligation is limited by and this Commitment is not valid without: xa.the Notice; b.the Commitment to Issue Policy; c.the Commitment Conditions; d.Schedule A; e.Schedule B, Part I - Requirements; and f.Schedule B, Part II - Exceptions; and g.a countersignature by the Company or its issuing agent that may be in electronic form. 4. COMPANY’S RIGHT TO AMEND The Company may amend this Commitment at any time. If the Company amends this Commitment to add a d efect, lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The Company is not liable for any other amendment to this Commitment. This page is only a part of a 2021 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I - Requirements; and Schedule B, Part II - Exceptions; and a countersignature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No. R240056 FL010-UN ALTA Commitment For Title Insurance 2021 v. 01.00 (07-01-2021) with Florida Modifications Page 2 of 4 265 5. LIMITATIONS OF LIABILITY xa.The Company’s liability under Commitment Condition 4 is limited to the Proposed Insured’s actual expense incurred in the interval between the Company’s delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed Insured’s good faith reliance to: x i.comply with the Schedule B, Part I - Requirements; ii.eliminate, with the Company’s written consent, any Schedule B, Part II - Exceptions; or iii.acquire the Title or create the Mortgage covered by this Commitment. b.The Company is not liable under Commitment Condition 5.a. if the Proposed Insured requested the ame ndment or had Knowledge of the matter and did not notify the Company about it in writing. c.The Company is only liable under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed Insured. d.The Company’s liability does not exceed the lesser of the Proposed Insured’s actual expense incurred in good faith and described in Commitment Condition 5.a. or the Proposed Amount of Insurance. e.The Company is not liable for the content of the Transaction Identification Data, if any. f.The Company is not obligated to issue the Policy referred to in this Commitment unless all of the S chedule B, Part I—Requirements have been met to the satisfaction of the Company. g.The Company’s liability is further limited by the terms and provisions of the Policy to be issued to the Proposed Insured. 6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT; CHOICE OF LAW AND CHOICE OF FORUM xa.Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment. b.Any claim must be based in contract under the State law of the State where the Land is located and is restricted to the terms and provisions of this Commitment. Any litigation or other proceeding brought by the Pr oposed Insured against the Company must be filed only in a State or federal court having jurisdiction. c.This Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject matter of this Commitment and supersedes all prior commitment negotiations, representations,and proposals of any kind, whether written or oral, express or implied, relating to the subject matter o f this Commitment. d.The deletion or modification of any Schedule B, Part II—Exception does not constitute an agreement or obligation to provide coverage beyond the terms and provisions of this Commitment or the Policy. e.Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company. f.When the Policy is issued, all liability and obligation under this Commitment will end and the Company’s only liability will be under the Policy. 7. IF THIS COMMITMENT IS ISSUED BY AN ISSUING AGENT The issuing agent is the Company’s agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the Company’s agent for closing, settlement, escrow, or any other purpose. 8. PRO-FORMA POLICY The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the Company may provide. A pro-forma policy neither reflects the status of Title at the time that the pro-forma policy is delivered to a Proposed Insured, nor is it a commitment to insure. 9. CLAIMS PROCEDURES This Commitment incorporates by reference all Conditions for making a claim in the Policy to be issued to the Proposed Insured. Commitment Condition 9 does not modify the limitations of liability in Commitment Conditions 5 and 6. This page is only a part of a 2021 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I - Requirements; and Schedule B, Part II - Exceptions; and a countersignature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No. R240056 FL010-UN ALTA Commitment For Title Insurance 2021 v. 01.00 (07-01-2021) with Florida Modifications Page 3 of 4 266 10. ARBITRATION The Policy contains an arbitration clause as follows: a.All claims and disputes arising out of or relating to this policy, including any service or other matter in connection with issuing this policy, any breach of a policy provision, or any other claim or dispute arising out of or relating to the transaction giving rise to this policy, may be submitted to binding arbitration only when agreed to by both the Company and the Insured. Arbitration must be conducted pursuant to the Title Insurance Arbitration Rules of the American Land Title Association (“ALTA Rules”). The ALTA Rules are available online at www.alta.org/arbitration. The ALTA Rules incorporate, as appropriate to a particular dispute, the Consumer Arbitration Rules and Commercial Arbitration Rules of the American Arbitration Association (“AAA Rules”). The AAA Rules are available online at www.adr.org. b.If there is a final judicial determination that a request for particular relief cannot be arbitrated in accordance with this Condition 18 (Condition 17 of the Loan Policy), then only that request for particular relief may be brought in court. All other requests for relief remain subject to this Condition 18 (Condition 17 of the Loan Policy). c.Fees will be allocated in accordance with the applicable AAA Rules. The results of arbitration will be binding upon the parties. The arbitrator may consider, but is not bound by, rulings in prior arbitrations involving different parties. The arbitrator is bound by rulings in prior arbitrations involving the same parties to the extent required by law. The arbitrator must issue a written decision sufficient to explain the findings and conclusions on which the award is based. Judgment upon the award rendered by the arbitrator may be entered in any State or federal court having jurisdiction. STEWART TITLE GUARANTY COMPANY All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at Stewart Title Guaranty Company, P.O. Box 2029, Houston, Texas 77252-2029. This page is only a part of a 2021 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I - Requirements; and Schedule B, Part II - Exceptions; and a countersignature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No. R240056 FL010-UN ALTA Commitment For Title Insurance 2021 v. 01.00 (07-01-2021) with Florida Modifications Page 4 of 4 267 Transaction Identification Data, for which the Company assumes no liability as set forth in Commitment Condition 5.e.: Issuing Agent:Reliable Abstract, Inc. Issuing Office:3200 N Federal Highway, Suite 222, Boca Raton, FL 33431 Issuing Office's ALTA® Registry ID: Loan ID Number: Commitment Number:R240056 Issuing Office File Number:R240056 Property Address:225 NE 9th Ave., Boynton Beach, FL 33435 Revision Number: 1. Commitment Date: December 19, 2024 at 8:00 A.M. 2. Policy to be issued:Proposed Amount of Insurance a. 2021 ALTA® Owner's Policy with Florida Modifications $300,000.00 Proposed Insured:Boynton Beach Community Redevelopment Agency b. 2021 ALTA® Loan Policy with Florida Modifications Proposed Insured: 3. The estate or interest in the Land at the Commitment Date is: Fee Simple 4. The Title is, at the Commitment Date, vested in: Southwest Jefferson, Inc., by virtue of that certain Quit Claim Deed recorded in Official Records Book 21246, Page 1827, of the Public Records of Palm Beach County, Florida. and, as disclosed in the Public Records, has been since December 08, 2006. 5. The Land is described as follows: Lot 166, Arden Park, according to the Plat thereof on file in the Office of the Clerk of the Circuit in and for Palm County, Florida, recorded in Plat Book 2, Page 96; said lands situate, lying and being in Palm Beach County, Florida. STEWART TITLE GUARANTY COMPANY Reliable Abstract, Inc. ALTA COMMITMENT FOR TITLE INSURANCE WITH FLORIDA MODIFICATIONS SCHEDULE A ISSUED BY STEWART TITLE GUARANTY COMPANY This page is only a part of a 2021 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I - Requirements; and Schedule B, Part II - Exceptions; and a countersignature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No. R240056 FL010-UN ALTA Commitment for Title Insurance 2021 v. 01.00 (07-01-2021) with Florida Modifications Schedule A Page 1 of 1 268 File No.: R240056 All of the following Requirements must be met: 1. 2. 3. 4. The Proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. Pay the agreed amount for the estate or interest to be insured. Pay the premiums, fees, and charges for the Policy to the Company. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. 5. Affidavit from the seller (sale transaction) or borrower (refinance transaction) attesting: there are no matters pending against them that could give rise to a lien that would attach to the subject property between the effective date of the Commitment and the recording of instruments giving rise to the interest to be insured; and the affiants have not executed and will not execute any instruments that would adversely affect the title to the subject property or the lien of any mortgage to be insured pursuant to the Commitment. 6. 7. The closing funds pertaining to the transaction must be disbursed by or at the direction of the Company or its agent. An updated title examination, commencing as of the effective date of this Commitment, which shall be performed at or shortly prior to the closing of the transaction, should not reveal any title defects or other adverse matters not disposed of prior to closing to the satisfaction of the Company or its agent. 8. 9. 10. 11. Satisfactory evidence must be furnished establishing that Southwest Jefferson, Inc. is duly organized, validly existing and in good standing under the laws of its state of incorporation. In addition, if the proposed instrument of conveyance or mortgage is to be executed by an officer other than a Vice President, Chief Executive Officer, or President, a certified resolution authorizing said officer to execute on behalf of the corporation must be recorded. Record in the Public Records of Palm Beach County, Florida, an affidavit from the grantors of that certain deed, executed on 12/28/2006 and recorded on 10/31/2006, in Official Records Book 21246, Page 1827, of the Public Records of Palm Beach County, Florida, stating that they were single at the time of execution of said deed or stating that the property conveyed by said deed at the time of execution was not homestead property of the said grantor, which affidavit must recite the residence address of the said grantor on the aforesaid date. Record a Warranty Deed from Southwest Jefferson, Inc. to Boynton Beach community Redevelopment Agency conveying the property in Schedule "A". Affidavit from the current owner stating there are no open mortgages that would affect the subject property. The company reserves the right to make such additional requirements as it may deem necessary. ALTA COMMITMENT FOR TITLE INSURANCE WITH FLORIDA MODIFICATIONS SCHEDULE B PART I ISSUED BY STEWART TITLE GUARANTY COMPANY Requirements This page is only a part of a 2021 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I - Requirements; and Schedule B, Part II - Exceptions; and a countersignature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No. R240056 FL010-UN ALTA Commitment for Title Insurance 2021 v. 01.00 (07-01-2021) with Florida Modifications Schedule BI Page 1 of 2 269 12. 13. 14. 15. 16. 17. Evidence from City of Boynton Beach, Florida, that the violation evidenced by document recorded at Official Records Book 23934 Page 1336, of the Public Records of Palm Beach County, Florida, has been corrected and all fees, if any, associated with said violation have been paid in full. Release of Claim of Lien executed by City of Boynton Beach against Southwest Jefferson, Inc., recorded 09/28/2016, in Official Records Book 28606, Page 1178, of the Public Records of Palm Beach County, Florida. Payment of any and all Special Assessments, Bills, Charges or Municipal Liens levied and/or assessed. This Company is required by Federal Law to collect certain additional information from you and the parties representing you regarding the purchase of real property. US Code Title 31-Sec 5326 authorizes the U.S. Department of Treasury to collect information about certain transaction as specified in various geographic targeting orders for the purpose of preventing evasion of the Bank Secrecy Act. As a result of a Geographic Targeting Order ("GTO") issued by the United States Department of Treasury, Financial Crimes Enforcement Network ("FinCEN"), this transaction may be responsive to the requirements of the GTO. You may be required, as a condition of the issuance of the policy to provide additional information that will be reported to FinCEN. Please contact this Company and provide the details of this transaction in order to comply with the GTO. If the transaction meets the reporting requirement, you will be asked to provide information on the identity of the parties to the transaction, which will be reported to FinCEN. This company is prohibited from issuing its policy if the transaction is reportable and the information is not provided for reporting. Additional exceptions and or requirements may be raised. Redemption of Tax Certificate No. 2024-11434, Tax ID 08-43-45-21-18-000-1660 for the year 2023. General real estate taxes for the year(s) 2024. Tax ID Number: 08-43-45-21-18-000-1660 The first installment of the 2024 taxes in the amount of $1,052.88, due. The second installment of the 2024 taxes are not yet due and payable. The third installment of the 2024 taxes are not yet due and payable. The fourth installment of the 2024 taxes are not yet due and payable. ALTA COMMITMENT FOR TITLE INSURANCE WITH FLORIDA MODIFICATIONS SCHEDULE B PART I ISSUED BY STEWART TITLE GUARANTY COMPANY Requirements This page is only a part of a 2021 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I - Requirements; and Schedule B, Part II - Exceptions; and a countersignature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No. R240056 FL010-UN ALTA Commitment for Title Insurance 2021 v. 01.00 (07-01-2021) with Florida Modifications Schedule BI Page 2 of 2 270 File No.: R240056 Some historical land records contain Discriminatory Covenants that are illegal and unenforceable by law. This Commitment and the Policy treat any Discriminatory Covenant in a document referenced in Schedule B as if each Discriminatory Covenant is redacted, repudiated, removed, and not republished or recirculated. Only the remaining provisions of the document will be excepted from coverage. The Policy will not insure against loss or damage resulting from the terms and conditions of any lease or easement identified in Schedule A, and will include the following Exceptions unless cleared to the satisfaction of the Company: 1. 2. Any defect, lien, encumbrance, adverse claim, or other matter that appears for the first time in the Public Records or is created, attaches, or is disclosed between the Commitment Date and the date on which all of the Schedule B, Part I - Requirements are met. Standard Exceptions: a. b. c. d. e. Rights or claims of parties in possession not shown by the public records. Easements, or claims of easements, not shown by the public records. Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey and inspection of the premises. Any lien, or right to a lien, for services, labor, or material hereto or hereafter furnished, imposed by law and not shown by the public records. Any adverse ownership claim by the State of Florida by right of sovereignty to any portion of the lands insured hereunder, including submerged, filled, and artificially exposed lands and lands accreted to such lands. 3. General or special taxes and assessments for the year 2025 and subsequent years, which are not yet due and payable. 4. 5. 6. 7. 8. 9. Any lien arising under Chapter 159, Florida Statutes, in favor of any city, town, village or port authority for unpaid service charges for service by any water system, sewer system or gas system servicing the lands described herein. All matters shown on the plat recorded in Plat Book 2, Page 96, of the Public Records of Palm Beach County, Florida. Any and all right, title or interest of the Lake Worth Drainage District, claimed, reserved, or now in use, by virtue of Chancery Order 407 recorded on June 22, 1990, in Official Record Book 6495, Page 761, and Official Record Book 6495, Page 1165 of the Public Records of Palm Beach County, Florida. Resolution No R95-131 recorded in Official Record Book 10547 Page 1209 of the Public Records of Palm Beach County, Florida. Ordinance recorded in Official Record Book 17699 Page 1382 of the Public Records of Palm Beach County, Florida. Resolution No. R16-177, terms and conditions thereof as recorded in Official Records Book 28869, Page 1128, of ALTA COMMITMENT FOR TITLE INSURANCE WITH FLORIDA MODIFICATIONS SCHEDULE B PART II ISSUED BY STEWART TITLE GUARANTY COMPANY Exceptions This page is only a part of a 2021 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I - Requirements; and Schedule B, Part II - Exceptions; and a countersignature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No. R240056 FL010-UN ALTA Commitment for Title Insurance 2021 v. 01.00 (07-01-2021) with Florida Modifications Schedule BII Page 1 of 2 271 10. 11. 12. 13. the Public Records of Palm Beach County, Florida. Resolution No. R23-049, as recorded in Official Records Book 34422, Page 1666, of the Public Records of Palm Beach County, Florida. Resolution No. R24-004, recorded in Official Records Book 34832, Page 533, of the Public Records of Palm Beach County, Florida. Subject to party wall rights of owners of adjoining land thereto. NOTE: The following 24 month chain of title is shown for informational purposes only and not the purpose of insuring: NONE ALTA COMMITMENT FOR TITLE INSURANCE WITH FLORIDA MODIFICATIONS SCHEDULE B PART II ISSUED BY STEWART TITLE GUARANTY COMPANY Exceptions This page is only a part of a 2021 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I - Requirements; and Schedule B, Part II - Exceptions; and a countersignature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No. R240056 FL010-UN ALTA Commitment for Title Insurance 2021 v. 01.00 (07-01-2021) with Florida Modifications Schedule BII Page 2 of 2 272 STEWART INFORMATION SERVICES CORPORATION Updated August 29, 2023 GRAMM LEACH BLILEY PRIVACY NOTICE This Stewart Information Services Corporation Privacy Notice (“Notice”) explains how we and our affiliates and majority- owned subsidiary companies (collectively, “Stewart,” "our" "we") collect, use, and protect personal information, when and to whom we disclose such information, and the choices you have about the use and disclosure of your personal information. Pursuant to Title V of the Gramm-Leach Bliley Act (“GLBA”) and other Federal and state laws and regulations applicable to financial institutions, consumers have the right to limit some, but not all sharing of their personal information. Please read this Notice carefully to understand how Stewart uses your personal information. The types of personal information Stewart collects, and shares depend on the product or service you have requested. Stewart may collect the following categories of personal and financial information from you throughout your transaction: 1. 2. 3. Identifiers: Real name, alias, online IP address if accessing company websites, email address, account name, unique online identifier or other similar identifiers; Demographic Information: Marital status, gender, date of birth. Personal Information and Personal Financial Information: Full name, signature, social security number, address, driver's license number, passport number, telephone number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, credit reports, or any other information necessary to complete the transaction. Stewart may collect personal information about you from: 1. 2. 3. Publicly available information from government records. Information we receive directly from you or your agent(s), such as your lender or real estate broker; Information we receive from consumer reporting agencies and/or governmental entities, either directly from these entities or through others. Stewart may use your personal information for the following purposes: 1. 2. 3. To provide products and services to you in connection with a transaction. To improve our products and services. To communicate with you about our affiliates’, and others’ products and services, jointly or independently. Stewart may use or disclose the personal information we collect for one or more of the following purposes: a. To fulfill or meet the reason for which the information is provided. b. To provide, support, personalize, and develop our website, products, and services. c.To create, maintain, customize, and secure your account with Stewart. d. To process your requests, purchases, transactions, and payments and prevent transactional fraud. e. To prevent and/or process claims. f.To assist third party vendors/service providers who complete transactions or perform services on Stewart’s behalf pursuant to valid service provider agreements. g. As necessary or appropriate to protect the rights, property or safety of Stewart, our customer or others. h. To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses. i.To help maintain the safety, security, and integrity of our website, products and services, databases and other technology-based assets, and business. j.To respond to law enforcement or regulator requests as required by applicable law, court order, or governmental regulations. k.Auditing for compliance with federal and state laws, rules and regulations. l.Performing services including maintaining or servicing accounts, providing customer service, proces sing or fulfilling orders and transactions, verifying customer information, processing payments. m. To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all our assets, whether as an on going transaction or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us is among the assets transferred. File No.: R240056 Updated 08/24/2023 Page 1 273 Stewart will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice. Disclosure of Personal Information to Affiliated Companies and Nonaffiliated Third Parties Stewart does not sell your personal information to nonaffiliated third parties. Stewart may share your information with those you have designated as your agent throughout the course of your transaction (for example, your realtor, broker, or a lender). Stewart may disclose your personal information to a non-affiliated third-party service providers and vendors to render services to complete your transaction. We share your personal information with the following categories of third parties: a. Non-affiliated service providers and vendors we contract with to render specific services (For example, search companies, mobile notaries, and companies providing credit/debit card processing, billing, shipping, repair, customer service, auditing, marketing, etc.) b. To enable Stewart to prevent criminal activity, fraud, material misrepresentation, or nondisclosure. c.Stewart’s affiliated and subsidiary companies. d. Parties involved in litigation and attorneys, as required by law. e. Financial rating organizations, rating bureaus and trade associations, taxing authorities, if required in the transaction. f.Federal and State Regulators, law enforcement and other government entities to law enforcement or authorities in connection with an investigation, or in response to a subpoena or court order. The law does not require your prior authorization or consent and does not allow you to restrict the disclosures described above. Additionally, we may disclose your information to third parties for whom you have given us authorization or consent to make such disclosure. We do not otherwise share your Personal Information or browsing information with non- affiliated third parties, except as required or permitted by law. Right to Limit Use of Your Personal Information You have the right to opt-out of sharing of your personal information among our affiliates to directly market to you. To opt- out of sharing your information with affiliates for direct marketing, you may send an “opt out” request to OptOut@stewart.com, or contact us through other available methods provided under “Contact Information” in this Notice. We do not share your Personal Information with nonaffiliates for their use to direct market to you without your consent. How Stewart Protects Your Personal Information Stewart maintains physical, technical and administrative safeguards and policies to protect your personal information. Contact Information If you have specific questions or comments about this Notice, the ways in which Stewart collects and uses your information described herein, or your choices and rights regarding such use, please do not hesitate to contact us at: Phone:Toll Free at 1-866-571-9270 Email:Privacyrequest@stewart.com Postal Address:Stewart Information Services Corporation Attn: Mary Thomas, Chief Compliance and Regulatory Officer 1360 Post Oak Blvd., Ste. 100, MC #14-1 Houston, TX 77056 File No.: R240056 Updated 08/24/2023 Page 2 274 Effective Date: January 1, 2020 Updated: August 24, 2023 STEWART INFORMATION SERVICES CORPORATION PRIVACY NOTICE FOR CALIFORNIA RESIDENTS Stewart Information Services Corporation and its affiliates and majority owned subsidiary companies (collectively, "Stewart", "our" "we") respect and are committed to protecting your privacy. Pursuant to the California Consumer Privacy Act of 2018 (“CCPA”) and the California Privacy Rights Act of 2020 ("CPRA"), we are providing this Privacy Notice ("CCPA Notice"). This CCPA Notice explains how we collect, use and disclose personal information, when and to whom we disclose such information, and the rights you, as a California resident have regarding your Personal Information. This CCPA Notice supplements the information contained in Stewart’s existing privacy notice and applies solely to all visitors, users, and consumers and others who reside in the State of California or are considered California Residents as defined in the CCPA (“consumers” or “you”). All terms defined in the CCPA & CPRA have the same meaning when used in this Notice. Personal and Sensitive Personal Information Stewart Collects Stewart has collected the following categories of personal and sensitive personal information from consumers within the last twelve (12) months: A.Identifiers. A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver's license number, passport numb er, or other similar identifiers. B.Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).A name, signature, Social Security number, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information. C.Protected classification characteristics under California or federal law. Age, race, color, ancestry, national origin, citizenship, marital status, sex (including gender, gender identity, gender expression), veteran or military status. D.Commercial information. Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. E.Internet or other similar network activity. Browsing history, search history, information on a consumer's interaction with a website, application or advertisement. F.Geolocation data. Stewart obtains the categories of personal and sensitive information listed above from the following categories of sources: ü Directly and indirectly from customers, their designees, or their agents (For example, realtors, lenders, attorneys, brokers, etc.) ü Directly and indirectly from activity on Stewart's website or other applications. ü From third parties that interact with Stewart in connection with the services we provide. Use of Personal and Sensitive Personal Information Stewart may use or disclose the personal or sensitive information we collect for one or more of the following purposes: a. To fulfill or meet the reason for which the information is provided. b. To provide, support, personalize, and develop our website, products, and services. c.To create, maintain, customize, and secure your account with Stewart. d. To process your requests, purchases, transactions, and payments and prevent transactional fraud. e. To prevent and/or process claims. f.To assist third party vendors/service providers who complete transactions or perform services on Stewart’s behalf pursuant to valid service provider agreements. g. As necessary or appropriate to protect the rights, property or safety of Stewart, our customers or others. h. To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses. File No.: R240056 Updated 08/24/2023 Page 3 275 i.To personalize your website experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our website, third-party sites, and via email or text message (with your consent, where required by law). j.To help maintain the safety, security, and integrity of our website, products and services, databases and other technology-based assets, and business. k.To respond to law enforcement or regulator requests as required by applicable law, court order, or governmental regulations. l.Auditing for compliance with federal and state laws, rules and regulations. m. Performing services including maintaining or servicing accounts, providing customer service, proces sing or fulfilling orders and transactions, verifying customer information, processing payments, providing advertising or marketing services or other similar services. n. To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us is among the assets transferred. Stewart will not collect additional categories of personal or sensitive information or use the personal or sensitive information we collected for materially different, unrelated, or incompatible purposes without providing you notice. Disclosure of Personal Information to Affiliated Companies and Nonaffiliated Third Parties Stewart does not sell your personal information to nonaffiliated third parties. Stewart may share your information with those you have designated as your agent throughout the course of your transaction (for example, a realtor, broker, or a lender). We share your personal information with the following categories of third parties: a. b. c. d. e. Service providers and vendors we contract with to render specific services (For example, search companies, mobile notaries, and companies providing credit/debit card processing, billing, shipping, repair, customer service, auditing, marketing, etc.) Affiliated Companies. Parties involved in litigation and attorneys, as required by law. Financial rating organizations, rating bureaus and trade associations. Federal and State Regulators, law enforcement and other government entities In the preceding twelve (12) months, Stewart has disclosed the following categories of personal information. Category A:Identifiers Category B:California Customer Records personal information categories Category C:Protected classification characteristics under California or federal law Category D:Commercial Information Category E:Internet or other similar network activity Category F:Non-public education information A. Your Consumer Rights and Choices Under CCPA and CPRA The CCPA and CPRA provide consumers (California residents as defined in the CCPA) with specific rights regarding their personal information. This section describes your rights and explains how to exercise those rights. i. Access to Specific Information and Data Portability Rights You have the right to request that Stewart disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, Stewart will disclose to you: ü ü ü ü ü ü The categories of personal information Stewart collected about you. The categories of sources for the personal information Stewart collected about you. Stewart’s business or commercial purpose for collecting that personal information. The categories of third parties with whom Stewart shares that personal information. The specific pieces of personal information Stewart collected about you (also called a data portability request). If Stewart disclosed your personal data for a business purpose, a listing identifying the personal information categories that each category of recipient obtained. ii. Deletion Request Rights You have the right to request that Stewart delete any personal information we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, Stewart will delete (and direct our File No.: R240056 Updated 08/24/2023 Page 4 276 service providers to delete) your personal information from our records, unless an exception applies. Stewart may deny your deletion request if retaining the information is necessary for us or our service providers to: 1. 2. 3. 4. 5. 6. 7. 8. 9. Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities. Debug products to identify and repair errors that impair existing intended functionality. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.) Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us. Comply with a legal obligation. Make other internal and lawful uses of that information that are compatible with the context in which you provided it. iii. Opt-Out of Information Sharing and Selling Stewart does not share or sell information to third parties, as the terms are defined under the CCPA and CPRA. Stewart only shares your personal information as commercially necessary and in accordance with this CCPA Notice. iv. Correction of Inaccurate Information You have the right to request that Stewart correct any inaccurate personal information maintained about you. v. Limit the Use of Sensitive Personal Information You have the right to limit how your sensitive personal information, as defined in the CCPA and CPRA is disclosed or shared with third parties. Exercising Your Rights Under CCPA and CPRA If you have questions or comments about this notice, the ways in which Stewart collects and uses your information described herein, your choices and rights regarding such use, or wish to exercise your rights under California law, please submit a verifiable consumer request to us by the available means provided below. 1. 2. Emailing us at OptOut@stewart.com or https://www.stewart.com/en/quick-links/ccpa-request.html Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child, if applicable. To designate an authorized agent, please contact Stewart through one of the methods mentioned above. You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must: ü ü Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative. Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. Stewart cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with Stewart. Response Timing and Format We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to an additional 45 days), we will inform you of the reason and extension period in writing. A written response will be delivered by mail or electronically, at your option. File No.: R240056 Updated 08/24/2023 Page 5 277 Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. Stewart does not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request. Non-Discrimination Stewart will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not: ü ü ü ü Deny you goods or services. Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties. Provide you with a different level or quality of goods or services. Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services. Record Retention Your personal information will not be kept for longer than is necessary for the business purpose for which it is collected and processed. We will retain your personal information and records based on established record retention policies pursuant to California law and in compliance with all federal and state retention obligations. Additionally, we will retain your personal information to comply with applicable laws, regulations, and legal processes (such as responding to subpoenas or court orders), and to respond to legal claims, resolve disputes, and comply with legal or regulatory recordkeeping requirements Changes to This CCPA Notice Stewart reserves the right to amend this CCPA Notice at our discretion and at any time. When we make changes to this CCPA Notice, we will post the updated Notice on Stewart’s website and update the Notice’s effective date. Link to Privacy Notice https://www.stewart.com/en/privacy.html Contact Information Stewart Information Services Corporation Attn: Mary Thomas, Chief Compliance and Regulatory Officer 1360 Post Oak Blvd., Ste. 100, MC #14-1 Houston, TX 77056 File No.: R240056 Updated 08/24/2023 Page 6 278 STG Privacy Notice 2 (Rev 01/26/09) Independent Agencies and Unaffiliated Escrow Agents WHAT DO/DOES THE Reliable Abstract, Inc. DO WITH YOUR PERSONAL INFORMATION? Federal and applicable state law and regulations give consumers the right to limit some but not all sharing. Federal and applicable state law regulations also require us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand how we use your personal information. This privacy notice is distributed on behalf of Reliable Abstract, Inc., and its affiliates (" N/A "), pursuant to Title V of the Gramm-Leach-Bliley Act (GLBA). The types of personal information we collect and share depend on the product or service that you have sought through us. This information can include social security numbers and driver's license number. All financial companies, such as Reliable Abstract, Inc., need to share customers' personal information to run their everyday business —to process transactions and maintain customer accounts. In the section below, we list the reasons that we can share customers' personal information; the reasons that we choose to share; and whether you can limit this sharing. Reasons we can share your personal information Do we share?Can you limit this sharing? For our everyday business purposes— to process your transactions and maintain your account. This may include running the business and managing customer accounts, such as processing transactions, mailing, and auditing services, and responding to court orders and legal investigations. Yes No For our marketing purposes— to offer our products and services to you.Yes No For joint marketing with other financial companies No We don't share For our affiliates' everyday business purposes— information about your transactions and experiences. Affiliates are companies related by common ownership or control. They can be financial and non-financial companies. Yes No For our affiliates' everyday business purposes— information about your creditworthiness.No We don't share For our affiliates to market to you Yes No For non-affiliates to market to you. Non-affiliates are companies not related by common ownership or control. They can be financial and non-financial companies.No We don't share We may disclose your personal information to our affiliates or to non-affiliates as permitted by law. If you request a transaction with a non-affiliate, such as a third party insurance company, we will disclose your personal information to that non-affiliate. [We do not control their subsequent use of information, and suggest you refer to their privacy notices.] _____________________________________________________________________________________________________________________________________________________________ Sharing practices How often do/does Reliable Abstract, Inc. notify me about their practices? We must notify you about our sharing practices when you request a transaction. How do/does Reliable Abstract, Inc. protect my personal information? To protect your personal information from unauthorized access and use, we use security measures that comply with federal and state law. These measures include computer, file, and building safeguards. How do/does Reliable Abstract, Inc. collect my personal information? We collect your personal information, for example, when you ü ü request insurance-related services provide such information to us We also collect your personal information from others, such as the real estate agent or lender involved in your transaction, credit reporting agencies, affiliates or other companies. What sharing can I limit?Although federal and state law give you the right to limit sharing (e.g., opt out) in certain instances, we do not share your personal information in those instances. Contact Us If you have any questions about this privacy notice, please contact us at: Reliable Abstract, Inc., 3200 N Federal Highway, Suite 222, Boca Raton, FL 33431 File No.: R240056 Page 1 of 1 279 This Message Is From an External Sender This message came from outside your organization. From:Craig Goldberg To:Utterback, Theresa Subject:Re: 225 NE 9th Street Date:Thursday, January 23, 2025 12:45:18 PM Attachments:image003.png image004.png image005.png image006.png image007.png image008.png image009.png image718945.png image465756.png image499303.png image260188.png image046739.png image167356.png image722489.png Hi Theresa, Per our conversation, I agree that an extension of the closing may be needed to on/or before April 1, 2025. I am seeking to resolve all outstanding issues immediately. Thanks, Craig Goldberg From: Utterback, Theresa <UtterbackT@bbfl.us> Sent: Thursday, January 23, 2025 9:39 AM To: Craig Goldberg <flbkr@hotmail.com> Cc: Ken Dodge <kdodge@llw-law.com>; dana@ratitle.net <dana@ratitle.net>; Tack, Timothy <TackT@bbfl.us>; Hill, Vicki <HillV@bbfl.us>; Curfman, Vicki <CurfmanV@bbfl.us> Subject: RE: 225 NE 9th Street Good Morning Mr. Goldberg, Per our telephone conversation last week, the matter of the liens/lien reduction was discussed with our legal counsel. We feel it is best for you to move forward with having the liens released prior to closing. I am more than happy to attend the lien reduction meeting in case there are any questions regarding the CRA’s intent to purchase the property. You will need to file an application with City in order to be placed on the magistrate’s hearing schedule. The hearings are held the third Wednesday of every month: February 19, 2025 March 19, 2025 April 16, 2025 The City can provide you with the application and instructions on how to move forward in having lien #09-3894 reduced. They can also advise on the procedure for the active liens. It is my understanding that these are the current liens on the property: Lien # 09-3894 placarded as unsafe building - unfit to be occupied. This property was demolished on 2/28/2020. An affidavit of compliance was prepared using compliance date 2/28/2020. There are 3572 days of non-compliance at $ 50.00/day plus administrative charges of $ 730.15 Lien payoff $ 179,330.15 Active lot lien 16-957 cited to mow the property and remove all the loose trash & debris The city hired a vendor to cure the violation - there is an unpaid invoice. Lien payoff calculated to 1/30/2025 $ 970.14 Active lot lien 22-2749 cited to mow the property and remove all the loose trash & debris The city hired a vendor to cure the violation - there is an unpaid invoice. Lien payoff calculated to 1/30/2025 $ 649.40 Active lot lien 23-1416 cited to mow the property and remove all the loose trash & debris The city hired a vendor to cure the violation - there is an unpaid invoice. Lien payoff calculated to 1/30/2025 $ 893.62 Active Utility Lien per Erin Dunn $ $5,817.99. Our closing is scheduled for March 1, 2025. We will most likely need to extend the closing date at the next CRA Board meeting on February 11, 2025. Please keep us updated. Theresa Theresa Utterback Development Services Manager Boynton Beach Community Redevelopment Agency 100 E. Ocean Ave.| Boynton Beach, Florida 33435 561-600-9094 |561-737-3258 UtterbackT@bbfl.us | https://www.boyntonbeachcra.com America's Gateway to the Gulfstream Please be advised that Florida has a broad public records law, and all correspondence to me via email may be subject to disclosure. Under Florida law, email addresses are public records. Therefore, your email communication and your email address may be subject to public disclosure From: Craig Goldberg <flbkr@hotmail.com> Sent: Friday, January 17, 2025 4:52 PM 280 This Message Is From an External Sender This message came from outside your organization. To: Utterback, Theresa <UtterbackT@bbfl.us> Subject: Re: 225 NE 9th Street Hi Theresa, I went to Google Earth but couldn't figure out how to get a street level shot. As you can see, the plywood on the windows is weathered, having been put on well before 2011. Also, nothing marked as "unsafe" by the City anywhereZjQcmQRYFpfptBannerStart ZjQcmQRYFpfptBannerEndHi Theresa, I went to Google Earth but couldn't figure out how to get a street level shot. As you can see, the plywood on the windows is weathered, having been put on well before 2011. Also, nothing marked as "unsafe" by the City anywhere on the property. Thanks, Craig From: Utterback, Theresa <UtterbackT@bbfl.us> Sent: Friday, January 17, 2025 4:19 PM To: flbkr@hotmail.com <flbkr@hotmail.com> Subject: 225 NE 9th Street Hi Mr. Goldberg, Per our telephone conversation today, I was able to put the address in Google and go back for street views to 2011 & 2016. Link and pics below. In the meantime, I will wait for your email so I can discuss this with our attorney next week. Have a nice weekend. https://www.google.com/maps/@26.535116,-80.0613141,3a,75y,1.81h,89.77t/data=!3m8!1e1!3m6!1sZPK0tJvLq-AdZ2n-6y2R1w!2e0!5s20160501T000000!6shttps:%2F%2Fstreetviewpixels- pa.googleapis.com%2Fv1%2Fthumbnail%3Fcb_client%3Dmaps_sv.tactile%26w%3D900%26h%3D600%26pitch%3D0.22727272727271952%26panoid%3DZPK0tJvLq-AdZ2n- 6y2R1w%26yaw%3D1.809090909090909!7i13312!8i6656?entry=ttu&g_ep=EgoyMDI1MDExNC4wIKXMDSoASAFQAw%3D%3D Theresa Utterback Development Services Manager Boynton Beach Community Redevelopment Agency 100 E. Ocean Ave.| Boynton Beach , Florida 33435 561-600-9094 |561-737-3258 UtterbackT@bbfl.us | https://www.boyntonbeachcra.com America's Gateway to the Gulfstream 281 Please be advised that Florida has a broad public records law, and all correspondence to me via email may be subject to disclosure. Under Florida law, email addresses are public records. Therefore, your email communication and your email address may be subject to public disclosure 282 01197326-1 DoubleTime® First Addendum to Purchase and Sale Agreement Re: Seller(s): Southwest Jefferson, Inc. Buyer(s): Boynton Beach Community Redevelopment Agency Property: 225 NE 9th Avenue, Boynton Beach, FL 33435 The parties hereby agree to amend said contract as follows: 1. Paragraph 5 of the Purchase and Sale Agreement is hereby amended to extend the Closing Date to on or before April 1, 2025. Addendum supersedes contract: The provisions of this addendum are made a part of the subject contract and shall supersede, govern and control all contract provisions in conflict therewith. A facsimile ("fax") copy of the Contract or this addendum and any signatures hereon shall be c onsidered for all purposes as originals. This contract and/or addendum may be executed in several counterparts, each of which shall be construed as an original, but all of which shall constitute one instrument. References herein to "Seller" and "Buyer" shall include singular or plural as context so requires or permits. (Seller) Southwest Jefferson, Inc. Print name: ______________________________ Title: ____________________________________ Date: ____________________________________ (Buyer) Boynton Beach Community Redevelopment Agency _________________________________________ By: Ty Penserga, BBCRA Chair Date: ____________________________________ 283 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: February 11, 2025 CRA ADVISORY BOARD AGENDA ITEM 13.A SUBJECT: Pending Assignments - Assignments from the CRA Board Assigned at the February 13, 2024 and the January 14, 2025 CRA Monthly Board Meetings SUMMARY: On February 13, 2024, the CRA Board approved the following tasks be assigned to the CRA Advisory Board (CRAB): 1. Initiate the steps to revise the 2016 CRA Plan, A. With the first step to review the existing CRA plan, and B. With the end goal to incorporate both the grocery store and public parking as part of that plan. 2. Look for ways that are above and beyond the normal City functions to beautify the area within the CRA district (cannot be in replacement of a normal City function and needs to be above and beyond). 3. Investigate means to get a grocery store in the CRA Heart of Boynton area. 4. Identify potential locations for a Public Parking Garage preferably along Ocean Avenue. 5. Look for available properties for potential acquisition with a focus on commercial properties along the Federal Highway area (ex. vacant properties for commercial use). The CRAB Board finalized their presentation on the 2016 CRA Plan Revision Recommendations together at their January meeting and presented their findings at the January 14, 2025 CRA Board Meeting. While the CRA Board was discussing the CRAB Board's presentation at the January 10, 2025 Meeting, the CRA Board approved the following tasks be assigned to the CRA Advisory Board (CRAB): 1. Investigate specifics including locations for the splash pad in the Cultural District. 2. Continue discussion and research ideas/names for renaming streets. 3. Research and investigate opportunities to honor the two (2) Heisman Trophy winners that are from Boynton Beach. Examples include statutes/monuments and street renaming. 4. Recommendations for changing or inclusion of possible historic district or ways to incorporate historic preservation within our CRA Plan. 284 The CRAB Board will discuss the assignments at their meeting on February 6, 2025. FISCAL IMPACT: To be determined. CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: To be determined. 285 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: February 11, 2025 OLD BUSINESS AGENDA ITEM 14.A SUBJECT: Audited Financial Statements - Fiscal Year 2023-2024 SUMMARY: The Fiscal Year 2023-2024 financial auditor ’s annual report and audited financial statements were performed by the independent certified public accounting firm of Perez-Abreu, Aguerrebere, Sueiro & Torres PL (PAAST) formerly known as Sanson, Kline, Jacomino & Tandoc LLP (SKJ&T) and are being presented to the CRA Board for their review and approval (see Attachments I & II). The Statutory objective of the required annual audit is to assure that the financial statements of the CRA are fairly represented and in accordance with generally accepted accounting principles and governmental accounting standards as well as for compliance with applicable laws and regulations. During the annual audit, the auditors examined the Agency’s financial records to obtain reasonable assurance that the financial statements are free from any material misstatements. Examples of the types of documents the auditors review and test are: General ledger transactions; bond or loan issuance or refunding; journal entries; adopted budget and budget amendments; operational, administrative, human resource and financial policies and procedures; personnel records; payroll records; Board meeting minutes; and contracts and contract compliance including real estate closings. The audit as performed by PAAST acknowledged the following: No internal control deficiencies No audit findings of noncompliance issues No audit adjustments Cash position increased by approximately $10.29 million and remains strong at $51.57 million in all funds with sufficient fund balance for working capital and ongoing project funding For the 16th year in a row, the Boynton Beach CRA has received a clean annual audit opinion for the financial operations of the Agency for FY 2023-2024. Richie Tandoc, a partner in PAAST will be virtually available at the February 11, 2025, CRA Board meeting to provide an annual audit report summary and answer any questions from the CRA Board if needed. 286 •Attachment I - 2024 BBCRA Audit Results •Attachment II - 2024 Financial Statements FISCAL IMPACT: FY 2024-2025 Budget, General Fund, Line item 01-51420-200, $18,000 CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: Accept and approve the Fiscal Year 2023-2024 audited financial statements for the period beginning October 1, 2023 and ending September 30, 2024. ATTACHMENTS: Description 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: February 11, 2025 OLD BUSINESS AGENDA ITEM 14.B SUBJECT: Continued Discussion and Consideration of the Preliminary Designs for the MLK Entry Feature Park on the CRA-Owned Property Located at 1101 N. Federal Highway SUMMARY: The property at 1101 N. Federal Highway, Boynton Beach, FL is located at the NW corner of E. Martin Luther King, Jr. Boulevard and N. Federal Highway (see Attachments I-III). The property is within the Federal Highway District and serves as the eastern entry to the Heart of Boynton District on the Martin Luther King Jr. Boulevard Corridor. At the March 21, 2024 meeting, the CRA Board directed staff to hire a consultant to work on conceptual plans for the project (see Attachment IV). On August 8, 2024, the CRA entered into a consultant agreement with AW Architects Inc. to provide consulting architectural services including design, construction documents, bidding assistance (if needed), permitting and construction administration services for an Entry Feature Park. On November 21, 2024, AW Architects presented three conceptual ideas at the CRA's Board meeting (see Attachment V). At the conclusion of the presentation, the Board directed staff to work on soliciting public's input on the three concepts. Between November 2024 and January 28, 2025, staff solicited community input through a variety of avenues from community meetings, social media, newsletters, utility bill inserts, project boards and City/CRA events. The full list is summarized in Attachment VI. In total, the CRA received 542 survey responses. 324 •Attachment I - Location Map •Attachment II - Pictures of Vacant Lot •Attachment III - Pictures of the Mural •Attachment IV - March 21, 2024 Board Meeting Minutes •Attachment V - AW Architects MLK Entry Feature Presentation •Attachment VI - Marketing Efforts •Attachment VII - Survey Results The surveys summarize the following (see Attachment VII): Number of responses:542 Boynton Beach Residents: Approximately 92% of responses were Boynton Beach Residents Most Represented Zip Code: 261 responses from 33435 (followed by 33426 and 33436) First Place:Version 1: I Have a Dream (290 votes) Second Place:Version 3: Unity (169 votes) Third Place:Version 2: The Arc of Justice (78 votes) Most Liked Features: Natural elements, addition of seating and overall design; native plants; shade trees Least Liked Features:Maintenance concerns Additional Features Desired: Public art, emergency call button, doggie waste bags/trash can, holiday lighting installations and decorative signage; incorporate famous MLK quotes Representatives from AW Architects will attend the February 11, 2025 Board Meeting to answer any questions and discuss the next steps on working towards a final design. The final design would be presented to the Board for final approval at a future meeting date. FISCAL IMPACT: FY 2023-2024 Project Fund 02-58100-203 Professional Services/Architectural Design Assistance; $48,800 CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan - Heart of Boynton District CRA BOARD OPTIONS: To be determined by the CRA Board. ATTACHMENTS: Description 325 326 327 328 329 330 331 332 333 Meeting Minutes CRA Board Meeting Boynton Beach, FL March 21 , 2024 Chair Penserga opened Public Comments. Mark Karageorge stated that Ms. Oliva is qualified and she knew what the job paid when she applied. He commented that he has a problem with overpaying the Board approved a budget stick to it. He noted that Joan is making a step up, Boynton Beach has more TIF money then Lake Worth will ever have. Chair Penserga closed Public Comments. Motion: Board member Kelley moved to approve selecting Joan Oliva as the primary candidate and to direct the Chair and legal counsel to enter into negotiations and bring back an Executive Director Employment Agreement for review at the next available CRA Board meeting for approval. Board Member Hay seconded the motion. The motion passed unanimously. 15. New Business A. Discussion and Consideration of a Gateway Entrance Feature on the CRA owned property located at 1101 N. Federal Highway Mr. Tack gave an overview of a Gateway Entrance Feature on the CRA owned property located at 1101 N. Federal Highway. Board Member Hay inquired if the Unity Board has finalized the mural that will go on the wall. Mr. Tack replied that the final decision will go before the City Commission either April 2nd or April 16th, he did not know the exact date. Board Member Hay commented that it would make sense to put the mural depicting MLK on MLK Boulevard. Mr. Tack stated that the City Commission will be making the decision on what mural is going to go where. Ms. Rossmell commented that the Board is getting into City business and she prefers that the Board does not discuss the City side of the decision-making process. 10 334 Meeting Minutes CRA Board Meeting Boynton Beach, FL March 21, 2024 Board Member Kelley stated that is a great opportunity to activate that corner and that she supports staff in wanting direction on what to do on that corner. She noted that she did like the idea of a seating area and that there is a location in the City there is a painted art bench which is art and functional. Mr. Tack stated that he not familiar with this bench and asked where is it located. Board Member Kelley replied that the bench is located at Congress and Boynton Beach Boulevard. Mr. Tack stated he take a look at the bench and see if it can be incorporated. He commented that he did not extenuate that in addition to the lighting there will be power so the area can be decorated during the holiday festivities. Chair Penserga noted that he fully supports this and direct staff to hire who they need to put together a conceptual plan and then decide on what should be done. Board Member Hay commented that he concurs with Chair Penserga. He noted that benches have been removed from areas in the City because it presented a problem. B. Discussion and Consideration of Purchase of 1022 North Federal Highway Mr. Tack provided an overview of the Purchase of 1022 North Federal Highway. Board Member Kelley noted that it was a great opportunity and that she supports the purchase. Board Member Hay commented that he agreed with Board Member Kelley. He stated that he is looking down the road to make this intersection equal to or even great then the intersection at Ocean and Federal. Chair Penserga opened Public Comments. Mark Karageorge stated the owner has been trying to sell the property for over a year and a half. He commented that the Board should pay appraised value and nothing more. He noted that it is a great acquisition it makes sense and the Board has control was it is acquired. No one came forward. Chair Penserga closed Public Comments. 11 335 ARCHITECTURE PLANNING INTERIOR DESIGN MLK ENTRY FEATURE 1101 N. FEDERAL HWY, BOYNTON BEACH, FL 336 EXISTING CONDITIONS - SW CORNER 337 EXISTING CONDITIONS - AERIAL TOP NE 10TH AVEN FEDERAL HWY 338 VERSION 1 THE "I DREAM" MLK ENTRY FEATURE The "I Dream" MLK Entry Feature invites pedestrians/residents of the community to share in the inspiration of Martin Luther King Jr .'s dream of coming together. The entry feature will revitalize the intersection of N. Federal Hwy. and E. MLK Jr. Blvd., bringing people of all ages and color into the dream. The featured artwork can be viewed as pedestrians walk through the entry feature which has garden areas and stone pebble seating sprinkled throughout. At the center and apex of the path is the “EYE,” which offers optimal viewing of the art wall. The “EYE” is a reference to MLK Jr.'s "I Have a Dream" quote, and the seating within the "EYE" are inscribed with the words "Dream," "Love," "Hope," "Unify," and "Believe." The stage area at the feature wall can be used for future events/ performances. There is also a wall that buffers the impact of passing trains, adding a sense of security for those that are occupying the entry feature. In the center of the "EYE,” an inscription on the ground reads, “Be the peace you wish to see in the world.” The objective of this entry feature is to inspire the community through self-realization of inner beauty. 339 V1 - TOP VIEW 340 BLOCK A LOT 2 (OCCUPIED) ONE STORY CBS BLDG.97°37'30"N FEDERAL HWY/ DIXIE HWYU.S. HIGHWAY N0. 1 (A/K/A STATE ROAD 5)100' R/W(ROAD PLAT BOOK 2, PAGE 235 AND ROAD PLATBOOK 3, PAGE 11)NE 10TH AVE (ASPHALT PAVEMENT) (MARTIN LUTHER KING JR BLVD.) 66' R/W (ASPHALT PAVEMENT)E LINE LOT 1102.86' (M&P)44.39' (M&P)92.36' (M&P)33.89' (M&P)44.39' (M&P)33.2'R-O-W 25.0' 25.0' 50'F.E.C. R.R. R-0-W ROAD PLAT BOOK 2 , P A G E 2 , A N D R O A D P L AT BOOK 3, PAGE 1 1 25.0' 17' 17' 17'ELECTRIC ENERGY CONCRETE LIGHT POLE (TYP.) RAILROAD CROSSING ARM. NO TRESPASSING SIGN. CONC SLAB UNMARKED METAL POLE TYPE "F" CURB AND GUTTER TYPE "F" CURB AND GUTTER EPUNKNOW MANHOLE ROBERT E WELLS MEMORIAL AVE. SIGN BARRIED FIBER OPTIC CABLE WARNING POST FIBER OPTIC CABLE HAND HOLE ELECTRIC ENERGY WOOD POLE (TYP.) NO TRAIN HORN SIGN OHW H/C DETECTABLE WARNING H/C WARNING PBC TRAFFIC HANDHOLES CROSSWALK SIGNAL LIGHT AND CONTROL FIRE HYDRANT GUY WIRE STORM MANHOLE WF CB BRIKCS PAVERS (TYP.) EP EP H/C DETECTABLE WARNING WEST LINE OF LAKE ADDITION TO BOYNTON PLAT (P.B. 11, PG. 71)TRAIN TRACKSTRAIN TRACKSEP RECORD EAST 1/4 CORNER OF SECTION 21, TOWNSHIP 45, RANGE 43 (NOT FOUND) EAST LINE OF SECTION 21, TOWNSHIPT 45, RANGE 43 FD N/D LB 995325 ON CONCRETE S/W (ENTIRE S/W LENGTH NOT SHOWN) (SITE B.M.)(LOT 1REMAINDER NOT INCLUDED)BLDG. WALL LINE SCALE: 1/16" = 1'-0"1 PROPOSED SITE PLAN NORTH 341 V1 - SE CORNER 342 V1 - SW CORNER 343 V1 - NIGHT VIEW 344 345 VERSION 2 THE ARC OF JUSTICE ENTRY FEATURE This entry feature is a tribute to Dr. Martin Luther King Jr. centered around his famous quote, “The arc of the moral universe is long, but it bends toward justice.” At the entry feature’s heart is a con- crete arc inscribed with this phrase, leading visitors to a mural of Dr. King. The mural, which also serves as a performance space, is the focal point of the project. Visitors follow a pathway designed to reflect MLK’s fight against segregation. The pavers begin with a single dominant style and gradually blend different colors and patterns as one approaches the mural, symbolizing the journey from segregation to unity. Benches throughout the site feature metal plates with Dr. King’s most iconic quotes, arranged chronologically, guiding visitors through his life’s work and showing along with the pavers the effect his work had in the fight for unity. This entry feature serves as a place of reflection, community, and celebration of Dr. King’s enduring legacy of justice and equality. 346 V2 - TOP VIEW 347 BLOCK A LOT 1 BLOCK A LOT 2 (OCCUPIED)97°37'30"8 2°2 2'3 0"' NE 10TH AVE (ASPHALT PAVEMENT) (MARTIN LUTHER KING JR BLVD.) 66' R/W (ASPHALT PAVEMENT)E LINE LOT 1102.86' (M&P)33.89' (M&P)44.39' (M&P)ELECTRIC ENERGY CONCRETE LIGHT POLE (TYP.) NO TRESPASSING SIGN. CONC SLAB UNMARKED METAL POLE TYPE "F" CURB ANDGUTTER EPUNKNOW MANHOLE ROBERT E WELLS MEMORIAL AVE. SIGN FIBER OPTIC CABLEHAND HOLE GUY WIRE ELECTRIC ENERGY WOOD POLE (TYP.) NO TRAIN HORN SIGN H/C DETECTABLE WARNING H/C DETECTABLE WARNING OHW (TYP.) PBC TRAFFIC HANDHOLES PBC TRAFFIC HAND HOLES CROSSWALK SIGNAL LIGHT AND CONTROL FIRE HYDRANT GUY WIRE WATER METER STORM MANHOLE WF CBL=17.25', R=12.00, D=082°22'30" (M&P) BRIKCS PAVERS (TYP.) EP EP H/C DETECTABLE WARNING 33.15'R-O-W 25' 25' 50'F.E.C. R.R. R-0-W ROAD PLAT BOOK 2, PAGE 2, AND ROAD PLAT BOOK 3, PAGE 11 WEST LINE OF LAKE ADDITION TO BOYNTON PLAT (P.B. 11, PG. 71)TRAIN TRACKSTRAIN TRACKS25' EP RECORD EAST 1/4 CORNER OF SECTION 21, TOWNSHIP 45, RANGE 43 (NOT FOUND) EAST LINE OF SECTION 21, TOWNSHIPT 45, RANGE 43 FD N/D LB 995325 ON CONCRETE S/W(ENTIRE S/W LENGTH NOT SHOWN)(SITE B.M.) (IMPROVEMENTS NOTSHOWN SOUTH OF THE EDGE OF PAVEMENT)(LOT 1REMAINDER NOT INCLUDED)17' 17' 17' BLDG. WALL LINE 10.0 4 NORTH SCALE: 1/16" = 1'-0"1 ARCHITECTURAL SITE PLAN Copy 1 348 V2 - SE CORNER 349 V2 - SW CORNER 350 V2 - NIGHT VIEW 351 352 353 VERSION 3 UNITY ENTRY FEATURE This entry feature embodies Dr. Martin Luther King Jr.’s message of unity. It has three main features: 1.A seating area for reflection where visitors can enjoy the mural. 2.A space for community events like music and speeches. 3.A pedestal for displaying art. These features create a welcoming entryway that connects the community. The pathways naturally lead to the mural, and the three features. A natural buffer serves as a border between the train and the entry feature as well as a butterfly garden of Florida native and drought-resistant flowers. Visi- tors will also find quotes from King’s “I Have A Dream” speech and his address at Spelman College throughout the site. Overall, the entry feature project fosters a warm and unifying atmosphere. 354 V3 - TOP VIEW 355 BLOCK A LOT 1 BLOCK A LOT 2 (OCCUPIED)97°37'30"8 2 ° 2 2 ' 3 0 " ' NE 10TH AVE (ASPHALT PAVEMENT) (MARTIN LUTHER KING JR BLVD.) 66' R/W (ASPHALT PAVEMENT)E LINE LOT 1102.86' (M&P)33.89' (M&P)44.39' (M&P)ELECTRIC ENERGY CONCRETE LIGHT POLE (TYP.) NO TRESPASSING SIGN. CONC SLAB UNMARKED METAL POLE TYPE "F" CURB AND GUTTER EP ROBERT E WELLS MEMORIAL AVE. SIGN FIBER OPTIC CABLE HAND HOLE GUY WIRE ELECTRIC ENERGY WOOD POLE (TYP.) NO TRAIN HORN SIGN H/C DETECTABLE WARNING H/C DETECTABLE WARNING OHW (TYP.) PBC TRAFFIC HANDHOLES PBC TRAFFIC HAND HOLES CROSSWALK SIGNAL LIGHT AND CONTROL FIRE HYDRANT GUY WIRE WATER METER WF CB BRIKCS PAVERS (TYP.) EP EP H/C DETECTABLE WARNING 33.15'R-O-W 25' 25' 50'F.E.C. R.R. R-0- W ROAD PLAT BOOK 2 , P A G E 2, AND ROAD PLAT B O O K 3 , PAGE 11 WEST LINE OF LAKE ADDITION TO BOYNTON PLAT (P.B. 11, PG. 71)TRAIN TRACKSTRAIN TRACKS25' EP RECORD EAST 1/4 CORNER OF SECTION 21, TOWNSHIP 45, RANGE 43 (NOT FOUND) EAST LINE OF SECTION 21, TOWNSHIPT 45, RANGE 43 (LOT 1REMAINDER NOT INCLUDED)17' 17' 17' BLDG. WALL LINE 10.04 NORTH - - SCALE: 1/16" = 1'-0"1 ARCHITECTURAL SITE PLAN 356 V3 - SE CORNER 357 V3 - SW CORNER 358 V3 - NIGHT VIEW 359 360 361 VERSION 1EXISTING VERSION 2 VERSION 3 362 Date of Installation Event/Location Time November 21, 2024 BBCRA Board Meeting November 27, 2024 League of Cities Luncheon December 2, 2024 BBCRA Website – Homepage Banner 60 days December 2, 2024 Master Association Meeting for Marina Village & also mailed to their HOA list December 4, 2024 Project Boards on display in City Hall Lobby 63 days December 4, 2024 Project Boards on display in Cultural Center 16 days December 5, 2024 BBCRA Advisory Board Meeting December 5, 2024 Snapshots with Santa at One Boynton December 5, 2024 BBCRA Redevelopment Works Newsletter 3,838 subscribers December 7, 2024 Rock the Block Event December 10, 2024 BBCRA Board Meeting December 17, 2024 City Commission Meeting December 20, 2024 Post er Boards at Senior Center 19 days January 1, 2025 BBCRA Redevelopment Works Newsletter 3,838 subscribers January 3, 2025 Pastor Dames Community Poster Drop Off 20 copies January 8, 2025 Project Boards at Ezell Hester Center 8 days January 8, 2025 Deliver Community Meeting Posters to Ezell Hester Center, Carolyn Sims Center, Boynton Harbor Marina Dockmaster Building, Senior Center, Cultural Center, City Hall, Heart of Boynton Village Apartments and Ocean Breeze East Apartments January 16, 2025 Project Board at Carolyn Sims Center 11 days January 20, 2025 MLK Jr. Event at Sara Sims Park January 27, 2025 Heart of Boynton Community Meeting at Carolyn Sims Center January 2025 Utility Bill Insert 25,000 inserts January 2025 City’s Sailfish Speaks Newsletter 20,453 subscribers January 2025 City’s Facebook Post January 2025 BBCRA Facebook Paid Ads 363 Survey: E. MLK Jr. Entry Feature Project has collected 535 responses Question 1 has 526 answers (Radio buttons) "Are you a Boynton Beach resident?" Yes 485 (92.2%) No 41 (7.8%) Question 2 has 520 answers (Open text) "What is your zip code?" Unknown contact said: "33436" Unknown contact said: "33436" Unknown contact said: "33426" Unknown contact said: "33435" Unknown contact said: "7731" Unknown contact said: "33435" Unknown contact said: "33435" Unknown contact said: "33426" All responses Question 1: Are you a Boynton Beach resident?Question 2: What is your zip code?Question 3: Select your age range:Ques Feedback364 Unknown contact said: "33426" Unknown contact said: "33436 " Unknown contact said: "33437" Unknown contact said: "33437" Unknown contact said: "33435" Unknown contact said: "33435" Unknown contact said: "33472" Unknown contact said: "33435" Unknown contact said: "33444" Unknown contact said: "33435" Unknown contact said: "33435" Unknown contact said: "33435"Feedback365 Unknown contact said: "33413" Unknown contact said: "33426" Unknown contact said: "33435" Unknown contact said: "33435" Question 3 has 529 answers (Radio buttons) "Select your age range:" 18-24 12 (2.3%) 25-34 43 (8.1%) 35-44 77 (14.6%) 45-54 80 (15.1%) 55-64 147 (27.8%) 65+ 170 (32.1%) Question 4 has 528 answers (Checkboxes) "How did you hear about this project?" Social Media 235 (43.9%) Board Meeting 22 (4.1%) Newsletter 139 (26.0%) Community Meeting 27 (5.0%) BBCRA Website 37 (6.9%) Other 99 (18.5%)Feedback366 Open text responses to "Other": Unknown contact said: "Utility bills " Unknown contact said: "In utility bill" Unknown contact said: "EMAIL " Question 5 has 512 answers (Radio buttons) "Redevelopment options are very limited due to the lot size. With this information, do you support the use of the vacant lot for an entry feature?" Yes 401 (78.3%) No 24 (4.7%) Unsure 87 (17.0%) Question 6 has 499 answers (Radio buttons) Below indicate your FIRST Preference, SECOND preference and THIRD Preference, with first preference being the most desired and third preference being the least desired. Version 1: "I Dream" MLK Entry Feature First Preference 288 (57.7%) Second Preference 120 (24.0%) Third Preference 91 (18.2%) Version 2: The Arc of Justice First Preference 78 (16.7%) Second Preference 139 (29.7%) Third Preference 251 (53.6%)Feedback367 Version 3: Unity First Preference 165 (34.1%) Second Preference 184 (38.0%) Third Preference 135 (27.9%) Question 9 has 516 answers (Checkboxes) "Which features do you like MOST about your first preference selected above?" Design 296 (55.3%) Functionality 136 (25.4%) Community Representation 121 (22.6%) Natural Elements 252 (47.1%) Size for Location 49 (9.2%) Lighting 60 (11.2%) Seating 160 (29.9%) Other 22 (4.1%) Open text responses to "Other": No responses yet Question 10 has 405 answers (Checkboxes) "Which features do you like LEAST about your first preference selected above?" Design 40 (7.5%) Functionality 47 (8.8%) Community Representation 45 (8.4%) Natural Elements 33 (6.2%)Feedback368 Size for Location 71 (13.3%) Lighting 28 (5.2%) Seating 114 (21.3%) Other 81 (15.1%) Open text responses to "Other": No responses yet Question 11 has 438 answers (Checkboxes) "What additional features would like included in the design? Check all that apply." Lighting 150 (28.0%) Landscaping 139 (26.0%) Open Space 66 (12.3%) Seating 188 (35.1%) Holiday Lighting Installations 163 (30.5%) Public Art (in addition to the mural) 165 (30.8%) Decorative Signage 78 (14.6%) Question 12 has 95 answers (Open text) "If there is anything else you would like to share with us, please do so here!" Unknown contact said: "There wasn’t truly any one that contains all of the elements I would look for. My irst choice had adequate seating, but not enough shade elements. My second choice had adequate shade, but not seating. My third choice didn’t have adequate seating or shade. "Feedback369 Unknown contact said: "Garbage recepticals and emergency call boxes" Unknown contact said: "To keep it clean and keep unwanted people out" Unknown contact said: "Trash compactors, benches, and decor to re lect difference seasons. Although this isn't a park, a small gates would be necessary because this will be on the corner and kids can come run around. Protect the kids."Feedback370 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: February 11, 2025 OLD BUSINESS AGENDA ITEM 14.C SUBJECT: Circuit Transit Inc. 3rd Quarterly Report for Service Dated October 1, 2024 - December 30, 2024 SUMMARY: On January 18, 2024, the CRA Board approved the contract with Circuit Inc. for the CRA pilot ride share program which will provide all-electric on-demand transportation services (see Attachments I - II). The Scope of Work of the Agreement with Circuit Inc. is summarized below (see Attachment III): on-demand ride share service with the exception of fixed routes for special events initial 6-month contract with the option to renew 6 months include the use of two GEM cars and two EV sedans provide service from 10 AM - 8 PM (Sunday-Thursday) and 10 AM - 10 PM (Friday and Saturday) report back to the Board quarterly once the contract begins Following the Board's approval at the January 18th meeting, the CRA and City of Boynton Beach entered into an Interlocal Agreement (ILA) which was approved at their February 13, 2024 and March 5, 2024 meetings respectively (see Attachment IV). The ILA is in place in order to provide dedicated parking locations, electrical service for the charging, ride share service to the Ocean Front Beach Park and potential fixed route ride share service for City Events. The ILA also serves as the tool to allow the City to fund any service outside of the CRA boundaries and allow reimbursement of EV charging costs. On March 23, 2024, at the CRA's Spring Market event, the rideshare service launched as the Coastal Cruiser. At the September 10, 2024 meeting, the CRA Board approved the 6-month contract renewal extending service to March 2025 (see Attachment V). Since the contract renewal, CRA staff met with Circuit to review the option to extend services to the south end of the Federal Highway District beyond SW 23rd Avenue. Service to the south end of the CRA boundary from SW 23rd to Gulfstream launched on October 30, 2024. Starting at $1 per rider, Zone 1 riders can now enjoy convenient service to key commercial and residential destinations such as: Walmart, Jaycee Park, Seabourn Cove, Waterside, Mirabella Villas, and The Atrium Plaza. 371 •Attachment I - January 18, 2024 CRA Board Meeting Minutes •Attachment II - CRA/Circuit Executed Contract •Attachment III - Exhibit A: Scope of Work •Attachment IV - CRA/City Executed Interlocal Agreement •Attachment V - Contract Renewal •Attachment VI - 3rd Quarterly Presentation (October 1, 2024 - December 31, 2024) At their January 14, 2024 meeting, the Board decided to continue the rideshare service beyond the one year pilot program and directed staff to bring back the contract and Interlocal Agreement at their February 11th meeting for approval. Per the contract, Circuit is required to report back to the Board quarterly once service begins. This agenda item will review the second quarter data for service between October 1, 2024 - December 31, 2024. A Circuit representative will be in an attendance to present the report (see Attachment VI). FISCAL IMPACT: FY 2023-2024 Budget, Project Fund, Line Item 02-58500-470, $400,000 for Circuit Contract CRA BOARD OPTIONS: To be determined based on Board discussion. ATTACHMENTS: Description 372 Meeting Minutes CRA Board Meeting Boynton Beach, FL January 18, 2024 Board Member Kelley moved to table Item 13F until the next meeting. Board Member Hay seconded the motion. The motion passed unanimously. G. Discussion and Consideration of a Contract with Circuit Transit Inc. for the BBCRA Pilot Ride Share Program Mr. Tack gave an overview of the Contract with Circuit Transit Inc. for the CRA Pilot Ride Share Program. He commented that at the November Board meeting, the Board gave Staff permission to move forward with negotiations with Circuit. Board Member Hay inquired, if needed, how long would it take to get another vehicle. Mr. Bagley, Circuit Transit Inc., replied the time it would take to add an additional vehicle, depends on the type of vehicle. He commented that if it was a sedan, it would be a few weeks, if it was a Gem vehicle, it has a longer order time. He stated that the sedans are going to be the better fit and offer the most flexibility. Board Member Hay asked who is responsible for the vehicles when they are parked overnight. Mr. Tack said that the CRA will be responsible, and the CRA is working with the City to provide four parking spaces in the current City parking lot on the corner of East Boynton Beach Boulevard and Seacrest Boulevard. He stated that Circuit would be responsible for liability since the vehicles and equipment belong to them. Board Member Hay inquired about special events and who is responsible for paying the overtime. Mr. Tack stated that the way the contract is written, it would not be considered overtime, there would be additional staffing and there is a rate within the contract that would provide the hourly rate structure. Vice Chair Turkin opened public comments. No virtual comments. Vice Chair Turkin closed public comments. Motion: Board Member Hay moved to approve the agreement with Circuit Transit, Inc. for the CRA Pilot Ride Share Program as presented and authorize the Board Chair to execute, subject to final legal review. Board Member Kelley seconded the motion with discussion. Board Member Kelley inquired what happens at the end of the six-month agreement. 6 373 Meeting Minutes CRA Board Meeting Boynton Beach, FL January 18, 2024 Janice Rustin, Counsel, replied that at the end of the six months, the contract will automatically be renewed for another six months. 14. New Business A. Discussion and Consideration of a Request for Proposals for Property Appraisal Services (Moved to February) B. Discussion and Consideration of Purchase of 1111 S. Federal Highway Mr. Tack gave an overview of the property located at 1111 S. Federal Highway. He said that the CRA Staff actively pursues the purchase of properties within the CRA District in order to spur redevelopment opportunities in accordance with the CRA Plan. He stated that 1111 S. Federal is a vacant lot, approximately .35 acres, which is currently zoned as C3 Community Commercial. He stated that the future development would be a potential mixed use under the Mixed Use Medium Future Land Use Classification. He commented that the development potential would allow mixed use development with a maximum density of 40 to 50 units per acre, and maximum height of 65 to 75 feet. Board Member Kelley stated that this is prime property with Federal Highway access and proximity to other properties owed by the CRA, and this an opportunity to capture property that has potential. Board Member Hay stated that it is a good deal and he is in favor of the purchase. Vice Mayor Turkin stated that he agrees with his colleagues this is a great opportunity. Vice Chair Turkin opened public comments. Blair Lee, the Broker for the property, stated that he had conferred with his client who owns the property at 1111 S. Federal Highway. He commented that they discussed a price of somewhere between the list price and $850,000. He noted that the purchase price came in at $891,000. He stated that the owner has continued to get the approvals on the square footage with a site plan, and the owner would like the Board to consider paying the appraised value. No virtual comments. Vice Chair Turkin closed public comment. Motion: Board Member Kelley moved to approve the purchase of the vacant lot located at 1111 S. Federal Highway in the amount of $850,000 and authorize the Board Chair to execute a Purchase and Sale agreement subject to final legal review. Board Member Hay seconded the motion with discussion. The motion passed unanimously. Board Member Hay inquired if there was anything currently planned for the site. 7 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 4853-3349-4940, v. 6 EXHIBIT A: SCOPE OF WORK Section 1: Summary of Services Circuit shall develop, implement and manage a Micro-Transit “On Demand” service (the "Service”) within a geo-fenced coverage area described in Exhibit A-1. The Service will have the ability to be on demand and may include supplementary service for special events as specified in this Scope of Work. The Service will serve visitors, residents, and workers by providing a convenient, efficient mobility option to circulate primarily throughout the Boynton Beach CRA boundaries and provide transportation to Ocean Front Beach Park. The Service to the Beach shall be subject to CRA’s execution of an interlocal agreement with the City of Boynton Beach for the provision of services to Ocean Front Beach Park. The Service shall: A. Operate a 6-month on-demand pilot test in two zones (Zone 1 and Zone 2) covering approximately 1.6 square miles of coverage area as illustrated in Exhibit C (“Service Area”). Zone 1 is located within the boundaries of the CRA. Zone 2 provides service to Ocean Front Beach Park, which is located outside the boundaries of the CRA. B. Supplement any part of the service with a fixed route for special events and if deemed necessary through data and public needs. C. Demonstrate the ability to scale up and down the fleet of vehicles and deploy them to various locations based on monthly, weekly, daily, and hourly fluctuations in demand in order to achieve a desired level of service. D. Operate vehicles that meet the Federal Motor Vehicle Safety Standards and Regulations. E. Provide a safe and pleasing passenger experience with capable, qualified and courteous drivers. F. Feature a mobile application downloadable from both the Apple Store and Google Play Store which will have the ability to charge a fee for service via a secured credit card payment system. G. Provide a dedicated phone line so that users can call and request assistance. H. Service will be operational within 30 days of the effective date of this Agreement or upon the CRA’s execution of an interlocal agreement with the City of Boynton Beach for services, whichever is later. The date of operation may be extended by mutual agreement of the parties if necessary to accommodate installation of infrastructure as required by Section 4 this agreement. I. Service shall be periodically adjusted based upon needs identified during the term of the Agreement and the availability of funds. Section 2: Mobile Application Circuit shall provide a mobile application which provides for the following: A. Allows riders to request pick up and drop off locations within the Service Area. B. Allows the user to connect from Zone 1 and Zone 2. C. At no cost to the CRA, Circuit shall maintain updates to the application, which shall be compatible with smart phones and other mobile devices. D. Provides for the ability to charge a fee per rider and issue discounts via promo-codes. E. Provides users with approximate time until pick up. F. Allows users to rate drivers and provide feedback. G. Features a Google Maps based map (or equivalent) that identifies the boundaries of the Service Area. H. After a ride request has been accepted by a driver, depicts the real-time location of vehicles on a map of the Service Area. I. Ability to track party and usage data. 394 4853-3349-4940, v. 6 Section 3: Marketing and Branding A. In coordination with the CRA, Circuit shall develop and implement a branding strategy, which shall incorporate the logo and name of the CRA and the City of Boynton Beach. Circuit shall not implement any branding strategy without prior written approval from the CRA. Any changes to the branding strategy must be approved in writing by the CRA prior to implementation. B. Circuit shall develop and implement a marketing program to promote awareness of the program. The CRA shall have the right to request changes to the marketing program. C. The CRA retains the right to review marketing materials prior to use and to request changes or withdrawal of any marketing materials. Section 4: Vehicles and Infrastructure Circuit shall procure, license, operate and maintain vehicles and related infrastructure including charging stations used in the service in accordance with applicable laws and regulations with the following requirements. A. Fleet Size. Unless the parties agree otherwise, Circuit will acquire and operate at its own expense no fewer than two (2) GEM vehicles (inclusive of one (1) ADA accessible GEM vehicle) and two (2) EV Sedans as part of this Service. The parties agree that the hourly rate for the EV Sedans will be the same as the GEM vehicles for the Initial Term and Renewal Term of the Agreement. Circuit shall maintain and operate vehicles to satisfy the minimum levels of service and ADA accessibility requirements. B. Specifications. All vehicles will: i. Comply with all applicable laws and regulations. ii. Be fully electric. iii. Meet all safety standards established by applicable law or regulation. iv. Feature luggage carrying capacity. C. Branding. The branding strategy will be applied to all vehicles as follows: i. At all times during operation of any vehicles pursuant to this Agreement, Circuit may apply, but is not limited to, branding to all wheels, hoods, front panels, coping, roof and rear fenders, unless otherwise prohibited by the CRA. ii. Circuit shall develop a default vehicle wrap to be used when no paying advertiser has been identified for any vehicle or vehicles for a period of 7 days or longer unless otherwise approved by the CRA. iii. Exterior and interior advertising will not interfere with the placement or visibility of any branding required by this Agreement, unless otherwise approved by the CRA. D. Licensing. Circuit shall obtain and maintain proper licensing and registration of all vehicles at all times. E. Parking and charging stations. The CRA shall provide four (4) parking spaces that will be reserved exclusively for Circuit’s use, which Circuit may use for charging, parking, and storing the vehicles during times of non-operation. The location of the spaces will be as stated in the Interlocal agreement between the CRA and the City. Circuit shall be permitted to install Level 2 EV charging stations and signage at the three (3) of the reserved parking spaces. Circuit shall be solely responsible for the cost of signage, charging equipment, and electrical services required for charging vehicles. The CRA shall ensure that electrical service is available at the reserved spaces. Upon termination of the Agreement, Circuit shall restore the reserved parking spaces to their original condition. F. Maintenance and replacement. 395 4853-3349-4940, v. 6 i. At Circuit’s sole cost, Circuit shall maintain the interior and exterior of all vehicles in good working order, in accordance with all applicable laws and regulations. ii. Circuit shall ensure that all vehicles will be free of graffiti, vandalism, defacement and other damage to the satisfaction of the CRA. iii. Circuit shall replace any vehicle at its sole cost when the vehicle cannot be maintained in good working order, in accordance with applicable laws and regulations, or it is no longer able to be maintained in accordance with the requirements of this Agreement. iv. Circuit shall use its best efforts to restore or replace non -operational vehicles to operation within three (3) calendar days from the date of any incident requiring the vehicle to be removed from operation. Circuit shall provide verbal and written notice to the CRA of any delay in restoring or replacing a non-operational vehicle that extends beyond three (3) calendar days from the date of malfunction. If the CRA determines that any such delay is due to Circuit’s lack of diligence, the CRA will have the right to pursue any remedy provided for in this Agreement, or at law or equity. Section 5: Staffing A. General. Circuit shall provide sufficient staffing to maintain levels of service required by this Agreement. All persons providing services pursuant to this Agreement will be employees, contractors or consultants hired by the Circuit. Circuit is solely responsible for all staffing decisions made pursuant to this Contract. B. Drivers. Circuit shall obtain complete background checks on all drivers, including driving records, criminal checks and employment references, conduct initial drug testing, and provide a training program for newly hired drivers. Circuit shall not hire any convicted felon or any person who has been convicted or pled guilty to driving under the influence of drugs or alcohol as a misdemeanor in any state. Circuit shall not hire a driver with more than three (3) infractions relating to driving a motorized vehicle within the previous 24 months. Circuit to review each driver’s driving and criminal records at least annually. C. Circuit shall provide its employees with a living wage and tips. Section 6: Attaining and Maintaining Levels of Service (LOS) A. General. Circuit shall provide an LOS that meets customer demands at all times of Service operations. B. Service Level review. Circuit and the CRA shall meet at least quarterly to review LOS and determine if any adjustments are necessary. Any agreed upon adjustments will be made in writing. C. The CRA designates Timothy Tack as the Project Manager and will provide written notification to Circuit of any changes to the Project Manager. The Project Manager shall be Circuit’s principal point of contact regarding any matters relating to this Agreement. The Project Manager shall provide all general direction to Circuit regarding performance and provide guidance regarding the CRA’ s goals and policies. The Project Manager is authorized to waive or modify any material changes to this Scope of Work changes so long as the changes do not increase Compensation paid to Circuit. Except as provided herein, any modifications to the Scope of Services that increase the Compensation paid to Circuit must be agreed by the parties by written amendment to the Agreement. D. Circuit designates Jason Bagley as Circuit’s Representative for this Agreement. Circuit will provide written notice to the CRA should there be a subsequent Representative change. Circuit’s Representative has full right, power and authority to act for Circuit on all matters arising under or relating to this Agreement. E. Special events. CRA may request additional vehicles for special events. Such request shall be made at least thirty (30) days prior to the special event and may include a request the establishment 396 4853-3349-4940, v. 6 of a fixed route for existing vehicles and/or a request additional vehicles, subject to availability. For additional vehicles provided for special events, CRA agrees to pay the regular service hourly rate per vehicle of $34.97 plus the actual cost to transport the vehicle(s) to the requested location , which will be agreed to by the parties in writing, prior to transportation. Section 7. Trip Sharing A. Drivers shall be permitted to transport more than one (1) party but no more than five (5) parties in GEM vehicles and four (4) parties in the E-Sedan under the following conditions: i. The vehicle must be equipped with individual seatbelts for the driver and each rider. ii. All passengers must use seatbelts at all times. iii. The total number of passengers, including the driver does not exceed the vehicle’s legal capacity. Section 8: Operational Requirements A. Circuit and all its employees, officers, managers, staff, subcontractors and subconsultants shall comply with all applicable local, state and federal laws and regulations while performing work pursuant to this Agreement including but not limited to all laws and regulations regarding the safe operation of vehicles. B. Circuit shall prohibit drivers from texting or using smartphones, or other mobile device, eating, drinking, wearing headphones, and engaging in any activity that may cause the driver to become distracted while driving the vehicle. Parties acknowledge and agree that (i) drivers will only be permitted to wear Bluetooth enabled device or similar technology to provide service provided by this Contract in accordance with all laws governing such devices; and (ii) drivers may use smart phones mounted to the dashboard or windshield of the vehicles only in accordance with all laws governing such devices. C. Circuit must obtain all permits and approvals required in the ordinary course of business for the safe and legal operation of the Service, including without limitation, permits or approvals from the Florida Department of Highway Safety and Motor Vehicles, . Circuit is responsible for obtaining any permits and approvals required by the State of Florida for operation of the Service. D. Circuit to require all persons using the Service to comply with applicable local, state and federal laws and regulations relating to the use of seatbelts and alcohol consumption in vehicles. E. Circuit and its drivers are permitted to refuse service when, in the driver’s opinion, a passenger poses a threat to himself or herself, other passengers, the driver, the vehicle or other vehicles or persons. F. Circuit is permitted to establish reasonable restrictions on the provision of services to non-service animals. G. All Circuit drivers shall wear proper identification and a uniform. H. The CRA reserves the right to request immediate dismissal of any Circuit employees who fail to comply with the requirements of this Agreement. Relief personnel should be readily available during the term of this Agreement. Section 9: Operating Hours Each vehicle shall be available for an anticipated sixty (60) hours each week (“Vehicle Hours”) . The cost per vehicle shall be based on the rates described in the Pricing Schedule attached as Exhibit B. The Vehicle Hours shall occur within the following schedule: 397 4853-3349-4940, v. 6 Day Start time End time Mon 10:00 am 8:00 pm Tues 10:00 am 8:00 pm Weds 10:00 am 8:00 pm Thurs 10:00 am 8:00 pm Fri 10:00 am 10:00 pm Sat 10:00 am 10:00 pm Sun 10:00 am 8:00 pm CRA Project Manager shall have the discretion to reduce or increase the number of Vehicle Hours and/or determine the hours of operation based on level of demand as determined by monthly data collection and consideration of holidays or other special events so long as the total Vehicle Hours for each month does not exceed the CRA’s annual budget for the Service. Section 10: Levels of Service Reporting A. Circuit shall provide the CRA with monthly reports describing the level of service for each zone. Upon request, Circuit will provide the CRA with weekly level of service reports for each zone. B. Monthly data reports shall include: i. Number of parties on a daily, weekly and monthly basis ii. Number of paying customers iii. Gross/Net revenue collected for fare revenue credits which distinguishes between fare revenue collected for Zone 1 trips and fare revenue collected for Zone 2 trips. iv. Number of vehicles not in operation on a daily, weekly and monthly basis v. Average wait time from request through the mobile app until arrival by assigned driver on a daily, weekly and monthly basis. vi. Average trip duration on a daily, weekly and monthly basis. vii. Pick-up and drop off location for each trip. viii. Average number of passengers per party per trip. ix. Average number of parties per trip. x. Number of passenger complaints received and resolution of the complaints on a daily, weekly and monthly basis. C. Circuit shall present a report to the CRA Board on a quarterly basis summarizing the data provided in the monthly reports, the collected fare revenue, and the advertising revenue generated. D. In the event Circuit does not provide a required report(s), the CRA reserves the right to withhold payment until the required report is received. To the extent that the CRA requires additional information related to the above reporting requirement, Circuit shall provide the information to the CRA. Section 11: Advertisement Sales Circuit shall sell space on the exterior or interior of the vehicles for the display of commercial advertising. Net Advertising Revenue, defined below, that is generated by Circuit in connection with the sales of commercial advertising shall be divided equally between Circuit and the CRA. Net Advertising Revenue means the gross advertising revenue received less all costs and expenses, including, but not limited to 398 4853-3349-4940, v. 6 advertisement design, production costs, installation and removal costs and customary commissions paid to media sales representatives, incurred by Circuit in connection with providing the advertisement sales. Circuit shall provide an accounting of all advertising revenue with its Level of Service monthly report as required in Section 9, which shall include the gross revenue, costs and expenses Circuit shall provide to CRA a breakdown of the Net Advertising Revenue each month, which shall include the gross revenue plus costs and expenses incurred in connection with providing advertising sales Section 12. Advertising Guidelines A. In its agreements with its advertising contractors, Circuit shall reserve the right to reject any advertisement, commercial or noncommercial. B. Circuit shall determine the methods, details, and means for performing the Advertising Sales Services, subject to the CRA's consent which shall not be unreasonably withheld. C. All advertising and promotional materials, including, without limitation, any vehicle “wraps” (collectively “Advertising”) must conform to the following criteria: i. Defamatory Advertising. No Advertising will be permitted that falsely disparages any person, product, or company, or that is likely to damage the reputation of any person, product, or company. ii. Advertising Condoning Criminal Conduct. No Advertising will be permitted that is likely to incite or produce imminent unlawful activity. iii. Obscene Advertising. No Advertising shall display any statement, word, character, or illustration of an indecent or obscene nature, as defined by F.S. Chapter 847, as may be amended from time to time. iv. False Advertising. No Advertising shall displace false or misleading information, intended to mislead the public as to anything sold, any services to be performed or information disseminated. v. Tobacco, Firearms, and Cannabis. No Advertising shall display any statement that promotes the sale of tobacco or tobacco products, electronic cigarettes, firearms, or medical marijuana treatment centers or delivery devices in accordance with Florida law. vi. Existing Laws. All Advertising must conform to all applicable federal, state, and local statutes, laws, ordinances, rules and regulations. D. The CRA shall request removal of any advertising, commercial or noncommercial, that does not conform to this policy. Such demand will be in writing and will state reasonable grounds for the request. Circuit will consider and act promptly upon the request in accordance with this policy. Section 13: Ridership Fares A. Circuit shall collect ridership fares for the services, as follows: 399 4853-3349-4940, v. 6 i. For rides that begin and terminate within Zone 1: $1.00 for each rider. ii. For rides that begin or terminate in Zone 2: $2:00 for each rider. If the rider is part of a group, $2.00 for the initial rider and $1.00 for each additional rider within the group. B. Circuit shall credit the CRA’s monthly invoice for each Zone with 100% of the Net Fare Revenue, defined below, that is generated and collected from ridership fares. C. Net Fare Revenue means all gross ridership revenue that is collected from the passengers for the services less revenue collection costs and expenses, including but not limited to sales taxes or other taxes imposed by law, credit card processing fees and other billing related charging by third parties imposing similar processing charges. Circuit will be responsible for documenting all costs and expenses and related charges associated with the Net Fare Revenue calculations. 400 1 RESOLUTION NO. R24-041 2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 3 FLORIDA,APPROVING AND AUTHORIZING THE MAYOR TO 4 SIGN THE INTERLOCAL AGREEMENT BETWEEN THE CITY 5 OF BOYNTON BEACH AND THE BOYNTON BEACH 6 COMMUNITY REDEVELOPMENT AGENCY REGARDING 7 CIRCUIT TRANSIT INC., FOR THE BBCRA PILOT RIDE 8 SHARE PROGRAM; AND PROVIDING AN EFFECTIVE DATE. 9 WHEREAS, on January 18, 2024, the CRA Board approved a contract with Circuit 10 Transit, Inc., for the CRA pilot ride-share program, which will provide all-electric on-demand 11 transportation services; and 12 WHEREAS, the City and CRA desire to provide an additional route from the CRA 13 district to Ocean Front Beach Park,along with four dedicated parking stalls in the north parking 14 lot at the corner of Seacrest Blvd. and Boynton Beach Blvd., which will include three Level 2 15 EV charging stations adjacent to the existing electrical service; and 16 WHEREAS, in order to provide dedicated parking locations, electrical service for the 17 charging,ride share service to the Ocean Front Beach Park, and potential fixed route ride share 18 service for City Events, an Interlocal Agreement is required to fund any service outside of the 19 CRA boundaries and allow reimbursement of EV charging costs; and 20 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the 21 recommendation of staff,deems it to be in the best interests of the City residents to approve and 22 authorize the Mayor to sign the Interlocal Agreement between the City of Boynton Beach and 23 the Boynton Beach Community Redevelopment Agency regarding Circuit Transit Inc., for the 24 BBCRA Pilot Ride Share Program. 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 26 THE CITY OF BOYNTON BEACH, FLORIDA,THAT: 27 Section 1. Each Whereas clause set forth above is true and correct and incorporated 28 herein by this reference. 29 Section 2. The City Commission of the City of Boynton Beach, Florida, does 30 hereby approve and authorize the Mayor to sign the Interlocal Agreement between the City of 31 Boynton Beach and the Boynton Beach Community Redevelopment Agency regarding Circuit S:\CC\WP\CCAGENDA\2024\03-05-2024 CC\R24-041 Agenda_Item_1227-2023_ILA_City_CRA_Circuit_Transit_- Pilot_Ride_Share_Prognam.Docx 401 32 Transit Inc., for the BBCRA Pilot Ride Share Program. A copy of the Interlocal Agreement is 33 attached hereto and incorporated herein as Exhibit "A." 34 Section 3. That this Resolution shall become effective immediately upon passage. 35 PASSED AND ADOPTED this 5th day of March 2024. 36 CITY OF BOYNTON BEACH, FLORIDA 37 YES NO 38 39 Mayor—Ty Penserga 40 41 Vice Mayor—Thomas Turkin 42 43 Commissioner—Angela Cruz turns 44 45 Commissioner—Woodrow L. Hay V 46 47 Commissioner— Aimee Kelley 48 49 VOTE q 'D 50 51 AT ' : 52 53 4(0--54 i. ,I,r l 55 Maylee ID- sus, MPA MC nerga 56 City Cl ilryor 57 58 APPROVED AS TO FORM: 59 (Corporate Seal) 0,INT0A ` 60 0 ,. ORA; . G61 e •* ) 111 sdkai/ t 6 62 SEAL .5.li Shawna G. Lam 63 IticpORA1- 0 i City Attorney 192 111 '....... 1``.`, FLOR\V' S:\CC\WFCCAGENDA\2024\03-05-2024 CC\R24-041 Agenda_Item_1227-2023_ILA_City_CRA_Circuit_Transit_- Pi lot_Ride_Share_Program.Docx 402 INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR FUNDING AN ON DEMAND TRANSPORTATION SERVICES PILOT PROGRAM THIS AGREEMENT ("Agreement") is made this5dday of / ki-CM 2024, by and between the CITY OF BOYNTON BEACH, a Florida municipal corporation, (hereinafter referred to as "City"), and the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public body corporate and politic, duly created and operated pursuant to Chapter 163, Florida Statutes (hereinafter referred to as the"BBCRA"). The City and BBCRA may be referred to herein individually as a "party" and collectively as the "parties." WITNESSETH: WHEREAS, the BBCRA has elected to enter into an agreement with Circuit Transit, Inc. Circuit"), a copy of which is attached hereto as Exhibit A ("Circuit Agreement"); and WHEREAS, the Circuit Agreement provides that Circuit shall provide on demand transportation services (the "Services") as part of a pilot program for the BBCRA; and WHEREAS, the BBCRA shall only provide funding for the Services within the BBCRA's boundaries; and WHEREAS, the City desires to participate in the pilot program, fund Services outside of the BBCRA's boundaries, and otherwise contribute to the pilot program as described in this Agreement; and WHEREAS, to that end, the area in which Services will be provided has been divided into Zone 1 and Zone 2, which are depicted on Exhibit B attached hereto, which is hereby incorporated herein; and WHEREAS, Zone 1 is within the BBCRA's boundaries; and WHEREAS, Zone 2 is outside the BBCRA's boundaries; and WHEREAS, the BBCRA desires to enable the City to participate in the pilot program, fund Services outside of the BBCRA's boundaries, and otherwise contribute to the pilot program as 4859-3315-2162,v. 1 403 described in this Agreement; and WHEREAS, the BBCRA has required that Circuit include the City as an additional insured pursuant to the Circuit Agreement; and WHEREAS, the 2016 Community Redevelopment Plan ("CRA Plan") calls for the BBCRA to provide for connectivity between the districts, address public parking shortfalls, and provide for additional public waterfront access; and WHEREAS, the Services shall be in furtherance of these goals and principles of the CRA plan; and WHEREAS, the City and the BBCRA find that this Agreement serves a municipal and public purpose, and is consistent with and in furtherance of the Community Redevelopment Plan and the requirements of Chapter 163, Florida Statutes; NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties agree as follows: 1. Recitations. The recitations set forth above are hereby incorporated herein. 2 Definitions. Terms not otherwise defined herein shall have the meaning set forth in the Circuit Agreement(including the Exhibits to the Circuit Agreement). In the event of a conflict between a definition in this Agreement and a definition in the Circuit Agreement, the terms in this Agreement shall control. All other terms shall have their ordinary dictionary definitions. 3. Payment. The parties agree: a. Contribution. The City shall be responsible for providing payment to the BBCRA for the costs of the Services in Zone 2 and other costs as described below. Such payment shall be made within 15 days of the City receiving a complete written request for payment from the BBCRA. b. Invoicing. The BBCRA will submit the complete written request for payment to the City within 15 days of the receiving an invoice from Circuit. i. For purposes of this Agreement, a complete written request shall include: 4859-3315-2162,v. 1 404 1. The amount of payment requested. 2. The monthly report from Circuit, if provided by Circuit, describing the level of service for Zone 2, or equivalent documentation indicating the fare revenue collected from Zone 2 trips and the number of Zone 2 trips. 3. A copy of Circuit invoice to the BBCRA. 4. Tabulation by the BBCRA for the amount owed to the BBCRA by the City, which shall include each of the following, as applicable. A. For ordinary services, the costs of the Services in Zone 2 shall be calculated by multiplying the total invoice amount by the percentage of rides starting or ending within Zone 2, then subtracting from that resulting number fifty percent of the Net Fare Revenue generated from rides starting or ending within Zone 2. For clarity, the calculation above may also be represented as follows: total invoice amount) x (percentage of rides starting or ending within Zone 2)] — [.5 x Net Fare Revenue generated from rides starting or ending within Zone 2] = Amount of City Payment Due. It is the intent of the parties that the Net Fare Revenue generated from rides starting or ending within Zone 2 be evenly divided between the parties. B. For Services requested by the City for special events ("Special Event Services"), the City shall reimburse the CRA for all costs associated with Special Event Services, regardless of the location of the special event. ii. In the event the written request is incomplete, the City shall notify the BBCRA within five days of receiving the incomplete request; otherwise such request shall be deemed complete. Upon receiving written notice of an incomplete request, and the BBCRA 4859-3315-2162,v. 1 405 shall have 10 days to submit the complete written request; otherwise such written request shall be ineligible for payment. c. Promotions. In the event the City requests a pricing discount ("Sales Promotion") on certain Services, the City shall make payment to the BBCRA for difference in revenue to the BBCRA as a result of the Sales Promotion. 4 Coordination. The parties agree to the following concerning coordination related to this Agreement. a. Between the City and BBCRA. Coordination between the City and BBCRA shall occur as follows: i. The City shall designate a single point of contact ("City Project Manager") for coordination with the BBCRA concerning this Agreement. The City may modify the person acting as the City Project Manager upon written notice to the BBCRA. At present, the City designates Gail Mootz who can be reached at mootzg@bbfl.us and 561-742-6223. The BBCRA shall copy Jonele Luma at LumaJ@bbfl.us on all correspondence concerning invoices and Payments due. ii. The BBCRA shall designate a single point of contact ("BBCRA Project Manager") for coordination with the City concerning this Agreement. The BBCRA may modify the person acting as the BBCRA Project Manager upon written notice to the City. At present, the BBCRA designates Timothy Tack, who can be reached at tackt@bbfl.us and (561)600-9091, with a copy of all emails to be directed to Bonnie Nicklien at nicklienb@bbfl.us. b. With Circuit. The parties agree the BBCRA shall be the sole point of contact with Circuit. In the event the City desires to request Special Event Services, the City Project Manager shall submit to the BBCRA Project Manager a written request with sufficient detail to notify the BBCRA and Circuit of the time, date, total vehicle hours, vehicle types, and any other information necessary to analyze such request. Any request is for Special Event Services 4859-3315-2162,v. 1 406 must be made at least 30 days prior to the date of the applicable special event. If the City desires to coordinate with Circuit on any other matter, the City shall submit a written request to the BBCRA Project Manager containing sufficient information to analyze such request for consistency with the Circuit Agreement. So long as a written request from the City is consistent with the terms of the Circuit Agreement, the BBCRA shall coordinate with Circuit concerning the request within 5 business days of receiving such request and shall endeavor to arrange a meeting between the City, BBCRA, and Circuit. The City shall supply additional information as requested by the BBCRA as may be necessary, in the opinion of the BBCRA, to analyze the City's request and coordinate with Circuit concerning the same. 5. Parking Spaces. The parties agree that Circuit may use the Parking Spaces (defined below) for storing and charging the vehicles that provide the Services. a. Location. The City agrees to designate the parking spaces identified in Exhibit C (the Parking Spaces")for the sole use of Circuit. The location of the Parking Spaces may be moved from time to time upon the written consent of the BBCRA Project Manager and the City Project Manager. However, in the event the City requests the Parking Spaces be moved, the City and BBCRA share evenly share the costs of moving any charging infrastructure and signage. The parties agree to make best efforts to avoid relocating the Parking Spaces during the term of the Agreement. b. Signage, Charging Infrastructure, Electricity. The City consents to the placement of signage and electric charging infrastructure at the Parking Spaces, which shall be installed at no cost to the City. The City confirms that sufficient power can be supplied to the Parking Spaces to charge four Circuit vehicles simultaneously. The City shall invoice the CRA for the electricity used by the Parking Spaces. The BBCRA Project Manager and City Project Manager may agree to incorporate the electricity invoice into the payment described in Paragraph 3 of this Agreement. 4859-3315-2162,v. 1 407 c. Enforcement. The City agrees to assist in enforcement of parking restrictions to ensure the Parking Spaces are used exclusively by Circuit vehicles, as may be required from time to time. 6. Relationship to the Circuit Agreement. The parties agree that the City shall only be responsible for providing payment to the BBCRA and that BBCRA shall be responsible for administering the Circuit Agreement. The parties agree that the BBCRA has sole and absolute discretion concerning the Circuit Agreement, and nothing in this Agreement confers the rights or obligations of the BBCRA within the Circuit Agreement to the City. Nonetheless, the CRA will endeavor to coordinate with the City concerning the termination of the Circuit Agreement and the amount and timing of Services prior to terminating the Service Agreement or implementing Service changes. The BBCRA will not terminate services to Zone 2 without the prior written consent of the City. 7. Marketing and Promotion. Marketing and promotional efforts concerning the Services shall occur as follows: a. Inclusion of City Logo. The BBCRA shall include the City's logo on marketing and advertising pursuant to the Circuit Agreement ("Promotional Materials") at no cost to the City. The City shall provide its preferred logo to the BBCRA for use in Promotional Materials. The BBCRA Project Manager shall provide any draft Promotional Materials with the City logo to the City Project Manager no less than five business days prior to the use of such Promotional Materials for approval; provided however that if the BBCRA Project Manager does not receive a response within five business days such Promotional Materials shall be deemed approved by the City. b. Promotional Efforts by the City. The City shall promote the Services using Promotional Materials provided by the BBCRA in the manner described in Exhibit D. 8, Notice and Contact. All notices and requests concerning this Agreement shall be delivered via email to the City Project Manager or the BBCRA Project Manager, as applicable, which 4859-3315-2162,v. 1 408 email delivery shall be deemed "written"or"in writing"for purposes of this Agreement. Notices concerning default or termination, or requests for modifications to this Agreement shall also be delivered by email and by writing sent by one of (1) United States mail, return receipt requested, (2) courier, evidenced by a delivery receipt, or (3) by overnight express delivery service, evidenced by a delivery receipt, which notice or request shall be addressed to the person designated by each party for receipt of legal notice. At present, the parties designate the following for receipt of legal notice: If to the BBCRA:Kathryn Rossmell Lewis, Longman &Walker, PA 360 S. Rosemary Avenue Suite 1100 West Palm Beach, FL 33401 krossmell(d lIw-law.com If to the City: Shawna Lamb City of Boynton Beach 100 E. Ocean Avenue Boynton Beach, FL 33435 lambsbbfl.us 9. Term. This Agreement shall become valid and commence upon execution by the last party to this Agreement ("Effective Date"). This Agreement shall be in effect from the Effective Date and unless earlier terminated pursuant to the terms of this Agreement, shall automatically terminate upon the termination of the Circuit Agreement, or 1 year from the Effective Date of this Agreement, whichever is earlier. 10. Public Records. The City and the CRA each shall maintain their own records and documents associated with this Agreement in accordance with the requirements set forth in Chapter 119, Florida Statutes. All such records shall be adequate to justify all charges, expenses, and costs incurred in accordance with generally accepted accounting principles. Each party shall have access to the other party's books, records and documents as required in this Agreement for the purpose of inspection or audit during normal business hours during the term of this Agreement and at least one year after the termination of the Agreement. 4859-3315-2162,v. 1 409 11. Filing. The City shall file this Agreement pursuant to the requirements of Section 163.01(11) of the Florida Statutes 12. Sovereign Immunity. Nothing in this Agreement shall be deemed to affect the rights, privileges, and sovereign immunities of the BBCRA or the City as set forth in Section 768.28, Florida Statutes. 13. Default. If either party defaults by failing to perform or observe any of the material terms and conditions of this Agreement for a period of 10 calendar days after receipt of written notice of such default from the other party, the party giving notice of default may terminate this Agreement through written notice to the other party. Failure of any party to exercise its right in the event of any default by the other party shall not constitute a waiver of such rights. No party shall be deemed to have waived any rights related to the other party's failure to perform unless such waiver is in writing and executed by both parties. Such waiver shall be limited to the terms specifically contained therein. This section shall be without prejudice to the rights of any party to seek a legal remedy for any breach of the other party as may be available to it in law or equity. Notwithstanding the foregoing, in the event of a default by the either party, the exclusive remedy for such default shall be monetary, limited to actual damages incurred, and shall not exceed the amount actually paid to Circuit pursuant to the Circuit Agreement. 14. Entire Agreement. This Agreement represents the entire and sole agreement and understanding between the parties concerning the subject matter expressed herein. No terms herein may be altered, except in writing and then only if signed by all the parties hereto. All prior and contemporaneous agreements, understandings, communications, conditions or representations, of any kind or nature, oral or written, concerning the subject matter expressed herein, are merged into this Agreement and the terms of this Agreement supersede all such other agreements. No extraneous information may be used to alter the terms of this Agreement. 15. Severability. The validity of any portion, article, paragraph, provision, clause, or any portion 4859-3315-2162,v. 1 410 thereof of this Agreement shall have no force and effect upon the validity of any other part of portion hereof. To that end, this Agreement is declared severable. 16. No Third Party Beneficiaries. No provision of this Agreement is intended to, or shall be construed to, create any third party beneficiary or to provide any rights to any person or entity not a party to this Agreement, including but not limited to any citizen or employees of the City or the BBCRA. 17. No Assignment. The Parties may not transfer or assign this Agreement in whole or in part, without prior written consent of the other,which may be granted or withheld at the other party's absolute discretion. 18. Governing Law; Venue. This Agreement shall be governed by and in accordance with the Laws of Florida. The venue for any action arising from this Agreement shall be in Palm Beach County, Florida. 19. Survival. The provisions of this Agreement regarding termination and records shall survive the expiration or termination of this Agreement and remain in full force and effect. 20. Time is of the Essence. The parties acknowledge that time is of the essence in the performance of the provisions in this Agreement. 21. Counterparts and Transmission. To facilitate execution, this Agreement may be executed in as many counterparts as may be convenient or required, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The executed signature page(s) from each original may be joined together and attached to one such original and it shall constitute one and the same instrument. In addition, said counterparts may be transmitted electronically(i.e., via facsimile or.pdf format document sent via electronic mail), which transmitted document shall be deemed an original document for all purposes hereunder. 22. Interpretation; Independent Advice. This Agreement shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been 4859-3315-2162,v. 1 411 prepared by counsel for one of the parties. The parties declare that the terms of this Agreement have been read and are fully understood. The parties understand that this is a binding legal document, and each party is advised to seek independent legal advice in connection with the matters referenced herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year written below. Boynton Beach Community Redevelopment Agency ATTEST: L By: i` t/ .x Print Name: S17/?V — Title: ,; Date:C. APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: CRA Attorne City of Boynton Beach, Florio . ATTES : By: ON•B£,q' int Nam:. /y P&2 ti. 5, p1E .••'s' Lt. 7oR 1115e0tS,\l Titl!t 3/zYoerOgatofri OC1'0,9,Y ei APPROV .'AS TO FORM A'`‘! LEGAL - ' FICIENCY: C , A ttorney 4859-3315-2162,v. 1 412 EXHIBIT A BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY AGREEMENT FOR ON-DEMAND TRANSPORTATION SERVICES This Agreement for On-Demand Transportation Services (hereinafter "Agreement") is made by and between CIRCUIT TRANSIT INC., ("Contractor") a Florida corporation organized and existing under the laws of the State of Florida having its principal office at 501 East Las Olas, Suite 300, Fort Lauderdale, FL 33301, including its Affiliates (collectively, the Contractor" or "Company") and BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (the"Client"or"CRA")a community redevelopment agency organized and existing under the laws of the State of Florida having its principal office 100 E. Ocean Avenue, 4th Floor, Boynton Beach, Florida 33435, (hereinafter the "CRA") (collectively the "Parties"). WHEREAS, the CRA is in need of on-demand transportation ("Services"); and WHEREAS,Circuit entered into an agreement with the City of Hollywood in response to Request to Proposal No. RFP-045-23-SK, effective July 1, 2023 to provide on-demand transportation services for a term of one (1) year, with the option to renew for three (3) one-year periods; and WHEREAS, the CRA desires to obtain the Services from Circuit on same the terms, conditions,and pricing provided under RFP-045-23-SK,subject to the terms and conditions of this Agreement and the City of Boynton Beach Procurement Policy; and WHEREAS, Circuit agrees to extend the terms, conditions, and pricing provided under RFP-045-23-SK to the CRA, subject to the terms and conditions of this Agreement; and WHEREAS,the Services are required for a proper municipal purpose and is in the interest of the public;and WHEREAS, the Services will further the Community Redevelopment Plan. NOW THEREFORE, in consideration of the mutual covenants and promises set forth herein, the sufficiency of which both Parties acknowledge, the Parties agree as follows: 1) Incorporation. The recitals above and all other information above are hereby incorporated herein as if fully set forth. 2) Description of the Services. Contractor will perform its obligations as described in Exhibit A: Scope of Services, which is hereby incorporated as if fully set forth herein. 3) Term. The Contractor shall perform the Services for six (6) months ("Initial Term"), with option to renew for 6 months ("Renewal Term"). Services shall start within thirty (30) days of the effective date of this Agreement or upon the CRA's execution of an interlocal agreement with the City of Boynton Beach for services, whichever is later. A copy of the executed Page 1 of 10 4875-9566-4284,v.2 413 interlocal agreement shall be provided to Circuit. The service start date may be extended by mutual agreement of the Parties. 4) Compensation. The CRA shall pay the Contractor an amount not to exceed Four Hundred Thousand dollars ($400,000.00) (hereinafter, "Compensation") for the performance of the Services for the Initial Term and Renewal Term of this agreement, which sum shall be paid in accordance with the Pricing Schedule attached as Exhibit B.The Compensation is all inclusive for the services provided and shall include the cost of the vehicles, vehicle wraps, including the art work installation and removal of the wraps, W-2 Drivers, management fees, driver training, insurance, vehicle maintenance, cell phones, hosting services for the mobile application and related usage fees, web fees, and basic marketing materials. Contractor shall be responsible for all costs related to the operation and maintaining the vehicles,including cost of installation of the vehicle charging equipment and the costs for electrical service required for vehicle charging.Notwithstanding the above, in the event that the CRA does not renew this Agreement after the Initial Term,the CRA shall reimburse Contractor the costs associated with modifying the existing electrical service to accommodate new charging equipment, upon receipt of proper invoice .The CRA shall not be responsible for the payment of any additional fees not otherwise stated herein, unless the parties enter into a written amendment to this Agreement which is approved by both parties. 5) Method of Payment of Compensation. Circuit shall submit a monthly detailed invoice to the CRA. Project Manager shall determine the format of the invoice and the information that must be provided. Payment of Compensation (or any part thereof)shall be made within 45 days of receipt of a proper invoice, in accordance with the Local Government Prompt Payment Act, Section 218.70, et al., Florida Statutes. Any amounts not timely paid by CRA shall bear interest from 30 days after the due date at the rate of 1 percent per month on the unpaid balance. All Payments shall be in the form of a CRA check made payable to the Contractor, or as indicated above.No Payment made under this Agreement shall be conclusive evidence of the performance of this Agreement by the Contractor, either wholly or in part, and no Payment shall be construed to be an acceptance of or to relieve the Contractor of liability for the faulty or incomplete rendition of the Services. 6) Propriety. Contractor understands that at all times during its performance of Services, Contractor, Contractor's employees and subcontractors shall conduct itself at all times with due regard to public conventions and morals, and shall refrain from making statements or presenting material that contains vulgar,obscene,profane,or otherwise objectionable language that,as determined in the sole discretion of the CRA, material and substantially interferes with the functions and reasonable business operations of the CRA. 7) Termination for Convenience. The CRA reserves the right to terminate this Agreement for any reason and without cause with sixty (60) days written notice during the Renewal Term only. In the event of termination,Contractor shall be entitled to payment for services rendered through the date of termination. 8) Termination for Cause; Default. The CRA reserves the right to terminate this Agreement, in part or in whole, in the event the Contractor fails to perform in accordance with the terms and conditions stated herein by providing written notice of such failure or default and by Page 2 of 10 4875-9566-4284,v.2 414 specifying a reasonable time period within which the Contractor must cure any such failure to perform or default. If the Contractor fails to cure the default within the time specified,the CRA may then terminate the Agreement by providing written notice to the Contractor. Notwithstanding anything to the contrary in this Agreement, if the CRA determinates that termination is necessary to protect public health, safety or welfare,the CRA may terminate the Agreement upon providing such written notice that the CRA deems appropriate under the circumstances, including immediate termination. In the event of immediate termination, the Contractor shall be entitled to payment for seven (7)days of services plus payment for services rendered under this Agreement through the date of the notice of immediate termination. 9) Termination for Bankruptcy. The CRA shall have the right to terminate this Agreement by providing written notice to the Contractor in the event: i) Contractor enters into receivership or is subject of a voluntary or involuntary bankruptcy proceeding; or ii) a substantial part of the Contractor's property becomes subject to nay levy, seizure, assignment, or sale for or by any creditor or government agency. 10) Waiver. The CRA shall not be responsible for any property or other damages or personal injury sustained by the Contractor from any cause whatsoever related to the Services whether such damage or injury occurs before, during, or after the actual performance of the Services. The Contractor hereby forever waives, discharges, and releases the CRA, its agents, and its employees, to the fullest extent the law allows, from any liability for any damage or injury sustained by the Contractor. 11) Indemnification. The Contractor shall indemnify, save, and hold harmless the CRA, its agents, and its employees from any liability, claim, demand, suit, loss, cost, expense or damage which may be asserted, claimed, or recovered against or from the CRA, its agents, or its employees, by reason of any property or other damages or personal injury, including 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 or the faulty equipment of the Contractor or the performance of this Agreement by Contractor or Contractor's employees,agents,partners,principals,or subcontractors. This paragraph shall not be construed to require Contractor to indemnify the CRA for negligence or intentional acts of the CRA, 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. 12) Limitation of liability. To the extent permitted by law, the CRA's liability for all matters that occur as a result of, arise out of, or are otherwise related to this Agreement, including negligent,grossly negligent,or willful misconduct or omission,shall be limited to the amount of Compensation, less amounts that have already been paid, or the direct out-of-pocket damages actually incurred, whichever is less. Neither Party shall not be liable to the other party for special,indirect, incidental or consequential damages. Each Party hereby disclaims such damages to the full extent such may be disclaimed, except in the case of fraud, gross negligence or willful misconduct of the responsible Party. Nothing in this Agreement shall be deemed to affect the rights, privileges, and sovereign immunities of the CRA , including those set forth in Section 768.28, Florida Statutes. Page 3 of 10 4875-9566-4284,v.2 415 13) No Transfer. The Contractor shall not subcontract, assign, or otherwise transfer this Agreement to any individual, group, agency, government, non-profit or profit corporation, or other entity without prior, written permission from the CRA. 14) Insurance. The Contractor shall obtain all insurance required by the CRA and provide proof thereof at least 10 days prior to the start of the Services, and include for the following insurance amounts: Commercial General Liability: 1,000,000 per occurrence/$2 million in the aggregate for bodily injury, personal injury and property damage Automobile Liability: 1,000,000 combined single limit for bodily injury and property damage, including hired owned and non-owned auto coverages Workers Compensation In the amounts required under Florida Statutes Cyber Liability: 1,000,000 coverage Umbrella/Excess Liability insurance 5,000,000 coverage The Insurance must remain in force for so long as is necessary to cover any occurrence relating to,resulting from, or arising out of the Services or this Agreement. Contractor shall not commence services under the terms of this agreement until a Certification of Insurance COI")has been received by the CRA. The CRA is to be included as"Additional Insured" with respect to liability arising out of services performed by the Contractor by or on behalf of the CRA or acts or omissions of the Contractor in connection with providing Services pursuant to this Agreement. The Certificate must include the following as additional insured parties: Boynton Beach Community Redevelopment Agency 100 E Ocean Avenue,4th Floor Boynton Beach,Florida 33435 The City of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33435 15) Tax Forms. The Contractor's individual members, including the Contractor's agents and employees, shall provide the CRA with completed W-9 forms in order receive Payment. The CRA shall provide the Contractor with an IRS Form 1099 where required under law. The Contractor further acknowledges that the CRA is neither paying Social Security benefits nor withholding taxes from the Contractor's compensation for the Services. The Contractor Page 4of10 4875-9566-4284,v.2 416 assumes all liability and responsibility for payment of the Contractor's (and the Contractor's individual members)own FICA and Social Security benefits and all taxes resulting from this Agreement. 16) Funding. This Agreement is expressly conditioned upon the availability of funds lawfully appropriated and available for the purposes set out herein as determined in the sole discretion of the CRA. In the event funds to finance this Agreement become unavailable,the CRA may terminate this Agreement upon no less than twenty-four(24)hours'notice to Contractor.The CRA shall be the sole and final authority as to the availability of funds. The CRA shall pay Contractor for goods received or services rendered prior to the date of termination. 17) No Discrimination. The Contractor shall not discriminate against any person on the basis of race, color, religion, ancestry, national origin, age, sex, marital status, familial status, gender identity,gender expression,sexual orientation or disability for any reason in its hiring or contracting practices associated with this Agreement. 18) Independent Contractor; No Partnership, Etc. The Contractor agrees nothing contained in this Agreement shall be deemed or construed as creating a partnership,joint venture, or employee relationship. It is specifically understood that the Contractor is an independent contractor(s) and that no employer/employee or principal/agent is or shall be created nor shall exist by reason of this Agreement or the performance of Services; and that Contractor is an independent contractor and not an employee of the CRA for all 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 will exercise its own judgment in matters of safety for itself, those affected by the Services, and attendees of the Event. 19) Promotional Materials. The Contractor agrees that the CRA may photograph and/or record video and audio of the Services, and that such photographs and recordings may be (i) used for the purposes of promotion of the CRA, or undertakings by the CRA; (ii)transmitted live or by recording on local television and radio channels; and (iii) used in materials intended for public display or distribution to the public, including but not limited to print advertisements, billboards, street and light pole banners, websites affiliated with the CRA, and social media affiliated with the CRA. The Contractor waives and assigns to the CRA all copyrights under the Copyright Act of 1976, 17 U.S.C. 101, et seq., and all other rights in recorded,photographed,or transmitted versions of the Services. The CRA shall attribute the Services to the Contractor. 20) No Infringement. The Contractor represents that in performing the Services under this Agreement, the Contractor will not infringe on the property right, copyright,patent right or any other right of anyone else; and if any suit is brought or a claim made by anyone that anything in conjunction with the ownership or the presentation of said Contractor or appearance as part of the Services is an infringement on the property right,copyright,patent right, or other rights, the Contractor will indemnify the CRA against any and all loss, Page 5of10 4875-9566-4284,v.2 417 damages, costs, attorney fees or other loss whatsoever. The Contractor shall not use the CRA's logos, or marks without the CRA's prior written approval. 21) Entire Agreement. This Agreement represents the entire and sole agreement and understanding between the Parties concerning the subject matter expressed herein. No terms herein may be altered,except in writing and then only if signed by all the parties hereto. All prior and contemporaneous agreements, understandings, communications, conditions or representations, of any kind or nature, oral or written, concerning the subject matter expressed herein,are merged into this Agreement and the terms of this Agreement supersede all such other agreements. No extraneous information may be used to alter the terms of this Agreement. 22) Counterparts and Transmission. To facilitate execution,this Agreement may be executed in as many counterparts as may be convenient or required, each of which shall be deemed an original,but all of which together shall constitute one and the same instrument. The executed signature page(s)from each original may be joined together and attached to one such original and it shall constitute one and the same instrument. In addition, said counterparts may be transmitted electronically (i.e., via facsimile or .pdf format document sent via electronic mail), which transmitted document shall be deemed an original document for all purposes hereunder. 23) Agreement Deemed to be Drafted Jointly. This Agreement shall be deemed to be drafted jointly and shall not be construed more or less favorably towards any of the parties by virtue of the fact that one party or its attorney drafted all or any part thereof. Any ambiguity found to exist shall be resolved by construing the terms of this Agreement fairly and reasonably in accordance with the purpose of this Agreement. 24) Governing Law, Jurisdiction, and Venue. The terms and provisions of this Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of Florida and the United States of America, without regard to conflict of law principles. Venue and jurisdiction shall be Palm Beach County, Florida, for all purposes, to which the parties expressly agree and submit. BY ENTERING INTO THIS CONTRACT, CONTRACTOR AND CRA HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS CONTRACT. CONTRACTOR SHALL NOT BRING ANY COURT ACTION AGAINST CRA EITHER IN EQUITY OR IN LAW,AND CONTRACTOR EXPRESSLY WAIVES ITS RIGHT TO INSTITUTE LITIGATION AGAINST CRA FOR ANY MATTER ARISING UNDER THE TERMS OF THIS CONTRACT,UNTIL AFTER THE PROJECT HAS BEEN COMPLETED AND ACCEPTED BY CRA. 25) Severability. If any part of this Agreement shall be declared unlawful or invalid, the remainder of the Agreement will continue to be binding upon the parties. To that end, this Agreement is declared severable. 26) Force Majeure. Neither party shall be deemed to be in breach of this Agreement if either party is prevented from performing any obligations required of it by reason of boycotts, shortages of materials, labor disputes, embargoes, acts of God, epidemic, pandemic, acts of Page 6 of 10 4875-9566-4284,v.2 418 public enemy, acts of superior governmental authority, floods, riots, foreign or civil wars, rebellion, terrorism, sabotage by third parties, or any other similar circumstances for which it is not reasonably responsible and which are not within its control. Each party take all reasonable steps to prevent, reduce, mitigate, and remedy the effects of the Force Majeure event as soon as possible if within its control. The CRA shall not be obligated to pay Contractor Compensation under this Agreement to the extent that a Force Majeure prevents or delays Contract from performing Services. 27) Voluntary Waiver of Provisions. The failure of either Party to enforce any of its rights hereunder or at law will not be deemed a waiver or a continuing waiver or any of its rights or remedies against the other Party, unless such failure or waiver is expressly set forth and acknowledged in writing. The CRA may, in its sole and absolute discretion, waive any requirement of the Contractor contained in this Agreement. The Contractor may waive any requirements of the CRA contained in this Agreement. 28) Contractor-owned records.Except as provided in Chapter 119,Florida Statutes,all records created and compiled by Contractor in completing the Services are owned by Contractor and include, but are not limited to, written reports, studies, drawings, blueprints, photographs, negatives of photographs, computer printouts, graphs, charts, plans, contract documents, specifications, all ridership data, information generated on the Contractor's proprietary mobile applications and all other similarly recorded data. 29) Public Records. The CRA is a public agency subject to Chapter 119,Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: a. Keep and maintain public records required by the CRA to perform the Services described in this Agreement. b. Upon request from the CRA's custodian of public records,provide the CRA with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes,or as otherwise provided by law. c. Ensure that public records that are exempt or confidential and exempt from public record requirements are not disclosed except as authorized by law for the duration of the Agreement term and following completion of the Agreement if the Contractor does not transfer the records to the CRA. d. Upon completion of the Agreement, transfer, at no cost, to the CRA all public records in possession of the Contractor or keep and maintain public records required by the CRA to perform the service. If the Contractor transfers all public records to the CRA upon completion of the Agreement,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 Agreement,the Contractor shall meet all applicable requirements for retaining public records.All records stored electronically must be Page 7 of 10 4875-9566-4284,v.2 419 provided to the CRA, upon request from the CRA's custodian of public records, in a format that is compatible with the information technology systems of the CRA. The Contractor also understands that CRA may disclose any document in connection with performance of the Services or this Agreement, so long as the document is not exempt or confidential and exempt from public records requirements. 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 AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (561) 737-3256; 100 E. Ocean Ave., 4th Floor, Boynton Beach, FL 33435; or TackT(acbbtl.us. 30) Agent. If this Agreement is signed by the Contractor's agent, the agent warrants that he/she is duly authorized to act on behalf of the Contractor, that he/she is authorized to enter into this Agreement, and that the agent and Contractor are jointly and severally liable for any breach of this Agreement. 31)Notice and Contact. The parties shall use the contact information below for coordinating delivery of the Services. Whenever either Party desires to give notice to the other, such notice must be in writing and sent by United States mail, return receipt requested,courier,evidenced by a delivery receipt,or by overnight express delivery service,evidenced by a delivery receipt, addressed to the Party for whom it is intended at the place last specified; and the place for giving of notice shall remain until it shall have been changed by written notice in compliance with the provisions of this paragraph. For the present, the Parties designate the following as the respective places for giving of notice: Contact Person for the Contractor Circuit Transit Inc. Jason Mirras 501 East Las Olas Suite 300 Fort Lauderdale, FL 33301 With a copy to: Circuit Transit Inc. P.O. Box 2173 Amagansett,NY 11930 Attention : James Mirras Contact Person for the CRA (hereinafter"Program Coordinator"): Name: Timothy Tack Address: 100 E. Ocean Avenue. 4th Floor, Boynton Beach, FL 33435 Page 8of10 4875-9566-4284,v.2 420 Email Address: TackT@bbfl.us. Telephone Number: (561)600-9091 With a copy to: Kathryn Rossmell, Esq. Lewis, Longman, & Walker P.A. 360 S. Rosemary Avenue, Suite 1100 West Palm Beach,FL 33401 32) Attorneys' Fees and Costs. Should it be necessary to bring an action to enforce any of the provisions of this Agreement, each party shall be responsible for its own attorneys' fees and costs. 33) Compliance with Laws. In the performance of the Services under this Agreement, the Contractor shall comply in all material respects with all applicable federal and state laws and regulations and all applicable Palm Beach County, City of Boynton Beach, and CRA ordinances and regulations, including applicable ethics and procurement requirements. 34) Effective Date and Termination. This Agreement will become effective at the date and time that the last party signs this Agreement ("Effective Date"). Unless earlier terminated pursuant to this Agreement, this Agreement will automatically terminate after the performance of the Services and final Payment by the CRA. Nothing in this paragraph shall be construed so as to affect the CRA's right to cancel or postpone the Services pursuant to this Agreement. 35) Modification. This Agreement will not be modified or amended except by the express written agreement of the Parties, signed by a duly authorized representative for each Party. Any other attempt to modify or amend this Agreement will be null and void and may not be relied upon by either Party. 36) Survival. The provisions of this Agreement regarding promotional rights, infringement, indemnity, waiver, limitation of liability, insurance, agents, and cancellation shall survive the expiration or termination of this Agreement and remain in full force and effect. 37) Electronic Signatures. The parties agree that the electronic signature of a party to this Agreement shall be as valid as an original signature of such party and shall be effective to bind such party to this Agreement. 38) Non-Scrutinized Company. Contractor hereby certifies that it is not on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes, and is not engaged in a boycott of Israel. If the CRA determines that this certification is falsified or contains false statements,or that Contractor is placed Scrutinized Companies that Boycott Israel List or engages in a boycott of Israel after the execution of the Agreement,the CRA may terminate the Agreement. 39) Agreement Non-Exclusive. Contractor shall be free to contract for similar services to be performed for other entities or persons while under contract with the CRA. The provision of Page 9 of 10 4875-9566-4284,v.2 421 services provided for herein is non-exclusive. The CRA in its sole and absolute discretion may retain additional entities or persons to perform the same or similar work. 40) E-Verify. Contractor warrants for itself and its subcontractors that Contractor and all subcontractors are in compliance with all federal immigration laws and regulations that relate to their employees. The Contractor agrees and acknowledges that the CRA is a public employer that is subject to the E-verify requirements as set forth in Section 448.095,Florida Statutes, and that the provisions of F.S. Sec. 448.095 apply to this Agreement. Notwithstanding any other provisions in this Agreement,if the CRA has a good faith belief that Contractor has knowingly hired, recruited or referred an alien who is not duly authorized to work by the immigration laws or the Attorney General of the United States for employment under this Agreement,the CRA shall terminate the Agreement. If the CRA that has a good faith belief that a subcontractor knowingly hired, recruited or referred an alien who is not duly authorized to work by the immigration laws or the Attorney General of the United States for employment under this Agreement, the CRA shall promptly notify Contractor and order Contractor to immediately terminate the contract with the subcontractor. Contractor shall be liable for any additional costs incurred by the CRA as a result of the termination of a contract based on Contractor's failure to comply with E-verify requirements referenced herein. 41) Conflict of Interest. Circuit represents that it has no interest and will not acquire any interest, direct or indirect, that would conflict with the performance of the services to be rendered under this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year written below. By Date: t/Z.• ft<2`( Au epresentative r Contractor Print Name: 1-3-Pc Le-1 Witness: Date: t/2 2`t Witness Name:t 4 ---- ‘4 C' 5 By: Date: / 9' 20 z'? Authorized esentative for CRA Print Name/ 79 i()0 & Witness: 17- Date: I INV ZoZq Witness Name: 70 N I E Ni I(AL.'1A El.; Page 10 of 10 4875-9566-4284,v.2 422 EXHIBIT A: SCOPE OF WORK Section 1: Summary of Services Circuit shall develop, implement and manage a Micro-Transit"On Demand"service(the"Service")within a geo-fenced coverage area described in Exhibit A-1. The Service will have the ability to be on demand and may include supplementary service for special events as specified in this Scope of Work.The Service will serve visitors,residents, and workers by providing a convenient,efficient mobility option to circulate primarily throughout the Boynton Beach CRA boundaries and provide transportation to Ocean Front Beach Park.The Service to the Beach shall be subject to CRA's execution of an interlocal agreement with the City of Boynton Beach for the provision of services to Ocean Front Beach Park. The Service shall: A. Operate a 6-month on-demand pilot test in two zones(Zone 1 and Zone 2)covering approximately 1.6 square miles of coverage area as illustrated in Exhibit C ("Service Area"). Zone 1 is located within the boundaries of the CRA. Zone 2 provides service to Ocean Front Beach Park, which is located outside the boundaries of the CRA. B. Supplement any part of the service with a fixed route for special events and if deemed necessary through data and public needs. C. Demonstrate the ability to scale up and down the fleet of vehicles and deploy them to various locations based on monthly,weekly,daily,and hourly fluctuations in demand in order to achieve a desired level of service. D. Operate vehicles that meet the Federal Motor Vehicle Safety Standards and Regulations. E. Provide a safe and pleasing passenger experience with capable,qualified and courteous drivers. F. Feature a mobile application downloadable from both the Apple Store and Google Play Store which will have the ability to charge a fee for service via a secured credit card payment system. G. Provide a dedicated phone line so that users can call and request assistance. H. Service will be operational within 30 days of the effective date of this Agreement or upon the CRA's execution of an interlocal agreement with the City of Boynton Beach for services, whichever is later. The date of operation may be extended by mutual agreement of the parties if necessary to accommodate installation of infrastructure as required by Section 4 this agreement. I. Service shall be periodically adjusted based upon needs identified during the term of the Agreement and the availability of funds. Section 2: Mobile Application Circuit shall provide a mobile application which provides for the following: A. Allows riders to request pick up and drop off locations within the Service Area. B. Allows the user to connect from Zone 1 and Zone 2. C. At no cost to the CRA,Circuit shall maintain updates to the application,which shall be compatible with smart phones and other mobile devices. D. Provides for the ability to charge a fee per rider and issue discounts via promo-codes. E. Provides users with approximate time until pick up. F. Allows users to rate drivers and provide feedback. G. Features a Google Maps based map (or equivalent) that identifies the boundaries of the Service Area. H. After a ride request has been accepted by a driver, depicts the real-time location of vehicles on a map of the Service Area. I. Ability to track party and usage data. 4853-3349-4940,v.6 423 Section 3: Marketing and Branding A. In coordination with the CRA,Circuit shall develop and implement a branding strategy,which shall incorporate the logo and name of the CRA and the City of Boynton Beach. Circuit shall not implement any branding strategy without prior written approval from the CRA.Any changes to the branding strategy must be approved in writing by the CRA prior to implementation. B. Circuit shall develop and implement a marketing program to promote awareness of the program. The CRA shall have the right to request changes to the marketing program. C. The CRA retains the right to review marketing materials prior to use and to request changes or withdrawal of any marketing materials. Section 4: Vehicles and Infrastructure Circuit shall procure, license, operate and maintain vehicles and related infrastructure including charging stations used in the service in accordance with applicable laws and regulations with the following requirements. A. Fleet Size. Unless the parties agree otherwise,Circuit will acquire and operate at its own expense no fewer than two(2)GEM vehicles(inclusive of one(1)ADA accessible GEM vehicle)and two 2)EV Sedans as part of this Service.The parties agree that the hourly rate for the EV Sedans will be the same as the GEM vehicles for the Initial Term and Renewal Term of the Agreement. Circuit shall maintain and operate vehicles to satisfy the minimum levels of service and ADA accessibility requirements. B. Specifications.All vehicles will: i. Comply with all applicable laws and regulations. ii. Be fully electric. iii. Meet all safety standards established by applicable law or regulation. iv. Feature luggage carrying capacity. C. Branding. The branding strategy will be applied to all vehicles as follows: i. At all times during operation of any vehicles pursuant to this Agreement,Circuit may apply, but is not limited to, branding to all wheels, hoods, front panels, coping, roof and rear fenders,unless otherwise prohibited by the CRA. ii. Circuit shall develop a default vehicle wrap to be used when no paying advertiser has been identified for any vehicle or vehicles for a period of 7 days or longer unless otherwise approved by the CRA. iii. Exterior and interior advertising will not interfere with the placement or visibility of any branding required by this Agreement, unless otherwise approved by the CRA. D. Licensing.Circuit shall obtain and maintain proper licensing and registration of all vehicles at all times. E. Parking and charging stations. The CRA shall provide four (4) parking spaces that will be reserved exclusively for Circuit's use, which Circuit may use for charging, parking, and storing the vehicles during times of non-operation. The location of the spaces will be as stated in the Interlocal agreement between the CRA and the City. Circuit shall be permitted to install Level 2 EV charging stations and signage at the three (3) of the reserved parking spaces. Circuit shall be solely responsible for the cost of signage,charging equipment, and electrical services required for charging vehicles. The CRA shall ensure that electrical service is available at the reserved spaces. Upon termination of the Agreement, Circuit shall restore the reserved parking spaces to their original condition. F. Maintenance and replacement. 4853-3349-4940,v.6 424 i. At Circuit's sole cost,Circuit shall maintain the interior and exterior of all vehicles in good working order,in accordance with all applicable laws and regulations. ii. Circuit shall ensure that all vehicles will be free of graffiti,vandalism,defacement and other damage to the satisfaction of the CRA. iii. Circuit shall replace any vehicle at its sole cost when the vehicle cannot be maintained in good working order, in accordance with applicable laws and regulations, or it is no longer able to be maintained in accordance with the requirements of this Agreement. iv. Circuit shall use its best efforts to restore or replace non-operational vehicles to operation within three (3) calendar days from the date of any incident requiring the vehicle to be removed from operation. Circuit shall provide verbal and written notice to the CRA of any delay in restoring or replacing a non-operational vehicle that extends beyond three (3) calendar days from the date of malfunction. If the CRA determines that any such delay is due to Circuit's lack of diligence,the CRA will have the right to pursue any remedy provided for in this Agreement, or at law or equity. Section 5: Staffing A. General. Circuit shall provide sufficient staffing to maintain levels of service required by this Agreement. All persons providing services pursuant to this Agreement will be employees, contractors or consultants hired by the Circuit.Circuit is solely responsible for all staffing decisions made pursuant to this Contract. B. Drivers.Circuit shall obtain complete background checks on all drivers,including driving records, criminal checks and employment references, conduct initial drug testing, and provide a training program for newly hired drivers. Circuit shall not hire any convicted felon or any person who has been convicted or pled guilty to driving under the influence of drugs or alcohol as a misdemeanor in any state. Circuit shall not hire a driver with more than three(3)infractions relating to driving a motorized vehicle within the previous 24 months. Circuit to review each driver's driving and criminal records at least annually. C. Circuit shall provide its employees with a living wage and tips. Section 6: Attaining and Maintaining Levels of Service(LOS) A. General. Circuit shall provide an LOS that meets customer demands at all times of Service operations. B. Service Level review. Circuit and the CRA shall meet at least quarterly to review LOS and determine if any adjustments are necessary.Any agreed upon adjustments will be made in writing. C. The CRA designates Timothy Tack as the Project Manager and will provide written notification to Circuit of any changes to the Project Manager. The Project Manager shall be Circuit's principal point of contact regarding any matters relating to this Agreement. The Project Manager shall provide all general direction to Circuit regarding performance and provide guidance regarding the CRA' s goals and policies. The Project Manager is authorized to waive or modify any material changes to this Scope of Work changes so long as the changes do not increase Compensation paid to Circuit. Except as provided herein,any modifications to the Scope of Services that increase the Compensation paid to Circuit must be agreed by the parties by written amendment to the Agreement. D. Circuit designates Jason Bagley as Circuit's Representative for this Agreement. Circuit will provide written notice to the CRA should there be a subsequent Representative change. Circuit's Representative has full right,power and authority to act for Circuit on all matters arising under or relating to this Agreement. E. Special events. CRA may request additional vehicles for special events. Such request shall be made at least thirty(30)days prior to the special event and may include a request the establishment 4853-3349-4940,v.6 425 of a fixed route for existing vehicles and/or a request additional vehicles, subject to availability. For additional vehicles provided for special events, CRA agrees to pay the regular service hourly rate per vehicle of$34.97 plus the actual cost to transport the vehicle(s)to the requested location, which will be agreed to by the parties in writing, prior to transportation. Section 7.Trip Sharing A. Drivers shall be permitted to transport more than one(1)party but no more than five(5)parties in GEM vehicles and four(4) parties in the E-Sedan under the following conditions: i.The vehicle must be equipped with individual seatbelts for the driver and each rider. ii. All passengers must use seatbelts at all times. iii. The total number of passengers, including the driver does not exceed the vehicle's legal capacity. Section 8: Operational Requirements A. Circuit and all its employees, officers, managers, staff, subcontractors and subconsultants shall comply with all applicable local, state and federal laws and regulations while performing work pursuant to this Agreement including but not limited to all laws and regulations regarding the safe operation of vehicles. B. Circuit shall prohibit drivers from texting or using smartphones, or other mobile device, eating, drinking, wearing headphones, and engaging in any activity that may cause the driver to become distracted while driving the vehicle. Parties acknowledge and agree that (i) drivers will only be permitted to wear Bluetooth enabled device or similar technology to provide service provided by this Contract in accordance with all laws governing such devices; and (ii) drivers may use smart phones mounted to the dashboard or windshield of the vehicles only in accordance with all laws governing such devices. C. Circuit must obtain all permits and approvals required in the ordinary course of business for the safe and legal operation of the Service, including without limitation,permits or approvals from the Florida Department of Highway Safety and Motor Vehicles, . Circuit is responsible for obtaining any permits and approvals required by the State of Florida for operation of the Service. D. Circuit to require all persons using the Service to comply with applicable local, state and federal laws and regulations relating to the use of seatbelts and alcohol consumption in vehicles. E. Circuit and its drivers are permitted to refuse service when, in the driver's opinion, a passenger poses a threat to himself or herself, other passengers, the driver, the vehicle or other vehicles or persons. F. Circuit is permitted to establish reasonable restrictions on the provision of services to non-service animals. G. All Circuit drivers shall wear proper identification and a uniform. H. The CRA reserves the right to request immediate dismissal of any Circuit employees who fail to comply with the requirements of this Agreement. Relief personnel should be readily available during the term of this Agreement. Section 9: Operating Hours Each vehicle shall be available for an anticipated sixty(60)hours each week("Vehicle Hours") . The cost per vehicle shall be based on the rates described in the Pricing Schedule attached as Exhibit B.The Vehicle Hours shall occur within the following schedule: 4853-3349-4940,v.6 426 Day Start time End time Mon 10:00 am 8:00 pm Tues 10:00 am 8:00 pm Weds 10:00 am 8:00 pm Thurs 10:00 am 8:00 pm Fri 10:00 am 10:00 pm Sat 10:00 am 10:00 pm Sun 10:00 am 8:00 pm CRA Project Manager shall have the discretion to reduce or increase the number of Vehicle Hours and/or determine the hours of operation based on level of demand as determined by monthly data collection and consideration of holidays or other special events so long as the total Vehicle Hours for each month does not exceed the CRA's annual budget for the Service. Section 10: Levels of Service Reporting A. Circuit shall provide the CRA with monthly reports describing the level of service for each zone. Upon request,Circuit will provide the CRA with weekly level of service reports for each zone. B. Monthly data reports shall include: i. Number of parties on a daily,weekly and monthly basis ii. Number of paying customers iii. Gross/Net revenue collected for fare revenue credits which distinguishes between fare revenue collected for Zone 1 trips and fare revenue collected for Zone 2 trips. iv. Number of vehicles not in operation on a daily,weekly and monthly basis v. Average wait time from request through the mobile app until arrival by assigned driver on a daily,weekly and monthly basis. vi. Average trip duration on a daily,weekly and monthly basis. vii. Pick-up and drop off location for each trip. viii. Average number of passengers per party per trip. ix. Average number of parties per trip. x. Number of passenger complaints received and resolution of the complaints on a daily, weekly and monthly basis. C. Circuit shall present a report to the CRA Board on a quarterly basis summarizing the data provided in the monthly reports,the collected fare revenue, and the advertising revenue generated. D. In the event Circuit does not provide a required report(s), the CRA reserves the right to withhold payment until the required report is received. To the extent that the CRA requires additional information related to the above reporting requirement,Circuit shall provide the information to the CRA. Section 11: Advertisement Sales Circuit shall sell space on the exterior or interior of the vehicles for the display of commercial advertising. Net Advertising Revenue, defined below, that is generated by Circuit in connection with the sales of commercial advertising shall be divided equally between Circuit and the CRA. Net Advertising Revenue means the gross advertising revenue received less all costs and expenses, including, but not limited to 4853-3349-4940,v.6 427 advertisement design,production costs, installation and removal costs and customary commissions paid to media sales representatives, incurred by Circuit in connection with providing the advertisement sales. Circuit shall provide an accounting of all advertising revenue with its Level of Service monthly report as required in Section 9, which shall include the gross revenue, costs and expenses Circuit shall provide to CRA a breakdown of the Net Advertising Revenue each month,which shall include the gross revenue plus costs and expenses incurred in connection with providing advertising sales Section 12. Advertising Guidelines A. In its agreements with its advertising contractors, Circuit shall reserve the right to reject any advertisement,commercial or noncommercial. B. Circuit shall determine the methods, details, and means for performing the Advertising Sales Services, subject to the CRA's consent which shall not be unreasonably withheld. C. All advertising and promotional materials, including, without limitation, any vehicle "wraps" collectively "Advertising")must conform to the following criteria: i. Defamatory Advertisinu. No Advertising will be permitted that falsely disparages any person, product, or company, or that is likely to damage the reputation of any person, product,or company. ii. Advertising Condoning Criminal Conduct.No Advertising will be permitted that is likely to incite or produce imminent unlawful activity. iii. Obscene Advertising. No Advertising shall display any statement, word, character, or illustration of an indecent or obscene nature, as defined by F.S. Chapter 847, as may be amended from time to time. iv. False Advertising.No Advertising shall displace false or misleading information,intended to mislead the public as to anything sold, any services to be performed or information disseminated. v. Tobacco. Firearms. and Cannabis. No Advertising shall display any statement that promotes the sale of tobacco or tobacco products, electronic cigarettes, firearms, or medical marijuana treatment centers or delivery devices in accordance with Florida law. vi. Existing Laws. All Advertising must conform to all applicable federal, state, and local statutes,laws,ordinances,rules and regulations. D. The CRA shall request removal of any advertising, commercial or noncommercial, that does not conform to this policy. Such demand will be in writing and will state reasonable grounds for the request. Circuit will consider and act promptly upon the request in accordance with this policy. Section 13: Ridership Fares A. Circuit shall collect ridership fares for the services,as follows: 4853-3349-4940,v.6 428 i.For rides that begin and terminate within Zone 1: $1.00 for each rider. ii. For rides that begin or terminate in Zone 2:$2:00 for each rider. If the rider is part of a group,$2.00 for the initial rider and$1.00 for each additional rider within the group. B. Circuit shall credit the CRA's monthly invoice for each Zone with 100%of the Net Fare Revenue, defined below,that is generated and collected from ridership fares. C. Net Fare Revenue means all gross ridership revenue that is collected from the passengers for the services less revenue collection costs and expenses, including but not limited to sales taxes or other taxes imposed by law,credit card processing fees and other billing related charging by third parties imposing similar processing charges. Circuit will be responsible for documenting all costs and expenses and related charges associated with the Net Fare Revenue calculations. 4853-3349-4940,v.6 429 Exhibit A-1 Service Area The Circuit Service Area for City of Boynton Beach CRA that is active in the Ride Circuit app and on the Circuit website is as follows: ii. /7 f i KM oi 1 Oceari;Front B •ch Park, IF i Two_Georges ,ieoa _w_ WaterfrontlGrifle EOce: 6 11 i 71 w t i c J CD ALCD 0) a 1/ i. tQ \\.„ f, , s, 1, - I,/ ke) co il,, i Jm Briny Breezes SE 2 a Zone 1: Area shaded blue Zone 2: Area shaded green 4854-7888-5014,v.2 430 Exhibit B: Pricing Schedule u Vh33 S 0ow.rtownl57d53I MAh.a7(t41.h 1on6- 36464, 14cM1,1 44.r66 I 615.165 64..03 Ms,M5 M.M06 13s*7 Month Mo.• Moab 20 35421I 04.Mu 51..0 Mr Mel 6C M 50 0 M 00 1 M M 1•.26 M M0I/, 361 161 161 261 555 111 241 261 161 261 261 266 03/7 I 0560030. 11 1 1 i 1 1 1 0170.0 0 0 Mf.M 1 5 2 1 1 1 13 1 3 311412•6125e110b Now 241.0 261.0 MIA 1610 241-0 261.0 7610 261.0 111.0 161.0 2430 251A 0105.335959701115.n1.13)97(5753090 2430 MMA 2620 162.0 1610 2610 2610 061.0 1610 2610 241.0 26131 1V Van!wow Noun 00 0.0 D.0 0A DA 00 OA 012 OA 00 00 DO 362.5.7.110515 5220 111 t 5110 522.5 5110 5210 5220 521-0 5221 5210 5110 5110 0/OM3nr3.x3w 1 Sari 0 Mn 5 3617 $ 3637 $ 1631 $ RV 3 34,37 S 50.57 $ 043, $ 15.77 0 737 S Stn 0023nn4226000n..e 1051 I 5457 $ 14.17 1 54.57 $ 36.77 4 35.17 $ 1177 $ 0437 3 54.41 5 SW $ 5447 $ 5537 $ 1550 3/1Vwn0Mv11s. 1 - AO 3 . 35 1 AD $ - ID $ - 30 $ ' 3O $ - AD 3 - Al 3 • 35 5 ' .35 3 - 30 5 - 40 5/50MYr.71. 0 )1.17 1 3437 $ 3637 S XVI 3 36.10 $ 3157 $ 731 $ 1430 $ 15.30 $ 3537 3 3637 $ 4537 bol ow 5 MO 3 5633 I 55503 1 400 1 3.w / $155 5 11126 $ 11501 1 5463 1 35353 $ 34.400 $ 55535 M•.., ./Meth 5 LOW 3 2600 1 1000 0 1000 5 1.600 S 0.000 $ 2W 1 L000 S 1000 3 LOW 0 6.03 $ 1.000 I0,.•t.d7.05.w0.Nona 1 0132 5 3132 1 1531 2 5117 0 5177 S 4312 0 4.320 1 1131 t 5162 1 1232 5 6132 2 5 232 Mlo.s.. S 5.330 $ 400 $ 4172 5 1.515 $ 1.550 1 4131 1 3.500 0 4132 3 4232 $ 4232 S 4172 $ 4.135 6MM•37.71135CRA$1 $ Wn $ 11377 5 9090 $ 0.677 1 W77 $ lain $ Wn $ 37.177 5 12177 5 11.10 6 nags $ WTI 3001 v_M,•e__- _. 5.12626 .__.__• lo.n005..5a. wob.4 600030050.04.. -WY.c347 0095.3 01.111,05 *335.0.1 ' bmeN ,My 05.0.4. p~5 meek :Now D10.0.05 P.0.45 .WY el c0eI$7 40.45 15561 4040 1606 4045 04423 KM µy 4$$ .S55A7 4050.__.- 3m 307 _ 10631 5145 15100 3345 540.11 14040 3637 111.40 5333 WO WT 1 -L6F4.31.37 124$ f13f. - -_.._k58. 6•423 131.23 4-10 3.140 667 57.11 7170 YN476•75 15.31 71.73 534047040___7040 _-. 11040110301 7540 365.71 74-10 11330 las ___._... ,,. _. __10031 21-.5 S.123 si.as 135.11 x540 111.Mi 5040 4040 ULU 3.tri 32S.O3l 13045 SMM 245 Om 3aa 1 1 1113 M-16157 771i. 4-r 431 EXHIBIT B z n 5 c O m44 04 n iijIh&tDrNE14thAve tore Dr R„,.r,l 6Dr Nv Ra 0 NE13thAve z SRd 0 NL'!12th Ave fo Z N'WY11thAve y NES1thAve c, Rader Rd It r Martn Luther Jr 6hrd 0 NS'!9th.Ave NE 9th Ave NE 9th Ave m r L- z a INCA'8th AveImam J v NE 8th Ave 4 nM 7 2 NE 7th Ave 6tf AveN NE 6th Ave J ZONE 2 (CITY) a 0 n IZONEI (CRA) I c a CD sift iiir.,m .. Nth'1st Ave Coconut Ln 111 Y ^^ E Ocean Ave Ocean Ridge 6. ;.' 2SW is:Ave SE1stAve `- n' 4” 9i Hudson Ayr Q I...-I 0. SW 2nd Ave .,.L.ti..•r• Q Si N s .,SW 4th Ave N 1 dill 11111114tiSW5thAve r.) o, 5th Ave gerSW5thLnw o(.-., SN16th Ave m Pr m is 4SW7thAvep0 C.'1,SW 8th Avc a m ma ilirliit.) E Harbour Dr,ySN'9th Avc a 41 IlirSW10thAveHarbourDr5 l io 'SW 11th Ave stitia Ln 12th Ave JD SW 12th Ave ra yera Dr v O o o' z':" av N ' 0 c raLWoolDright Rd E ••olbrrght Rd o Main 81.d ifit cn F.,South Blvd a Hersey Dr v. N High Point". = c High Point Blvd SE 20thCt m Z- Mg. ..MIPAIL Iv it M c Fa:m Dr Briny Breezes w SW 23rd Ave y Eagle Dr Iw+r 11 111111 432 EXHIBIT C E Boynton Beach Blvd 1 1•H9- F H I A R1-1i o III 1 All° STOP SIGN STOP SIGN STOP SIGN 24' 0 I 0 / I 0 / ESTOP SIGN Im ® To ® ® TAS 24'-I-20'-20'-I--24'-f-20'-20'-+-24'-4-20' 20.-4-24.--1--20.-1 I I J J L l L__ Isss9' TI —1— 1 1 I 4 Circuit I Z Designated EVm Parking Spaces — I i m ur II I T T T e-` T I . 25' 25' 25' 25' A R1-1 I 1 W/ /,/ W 7 R1-1 T 4-25' -i If 0 R1-1 Q R1-1 0 R1-1 0 STOP SIGN I STOP SIGN STOP SIGN STOP SIGN Q 24 NE 1st Ave Q AlI s. L..I © R1-1_••_••_••_••_••_•._••_.•_•• 7 1 1 STOP SIGN/ I II-20'-4-24'-1-20'—20'-4-24'-+20'-1 I I I I I I 9' 9' 9' i -r-1 r- I 0 24' Q 21iLt'b 433 EXHIBIT D The City shall promote the Services using Promotional Materials provided by the BBCRA, at no cost to the BBCRA, as follows: 1. Within one month of the Effective Date, the City shall: a. Send an email to every member of City staff concerning the availability of the Services; b. Make an announcement concerning the availability of the Services at a City Commission meeting; c. Share Promotional Materials on the City website, which shall remain on the City website for the term of the Agreement; d. Display Promotional Materials on the televisions at City Hall, which shall be displayed at least daily for the term of the Agreement as part of the City's regular rotation of content on such televisions; e. Display Promotional Materials displayed on digital marquees controlled by the City at least once daily for the term of the Agreement; and f. Display Promotional Materials on the digital kiosk(s) at City Hall, which shall be displayed at least daily for the term of the Agreement as part of the City's regular rotation of content on such kiosks. 2. Within three months Effective Date, the City shall: a. Share Promotional Materials at least once in all City newsletters (Sailfish Speaks, Economic Development, Recreation, and Library) and once in Funfare Magazine. In the event the City is not able to waive fees for including these Promotional Materials, the City may seek and is entitled to reimbursement from the BBCRA for the actual costs of including such Promotional Materials so long as the City receives the prior, written permission of the BBCRA to incur such costs; and b. Work with the BBCRA to create and include an insert in the City's utility invoices concerning the availability of the Services. 3. The City shall allow the BBCRA to: a. Install one 4x8 sign at City Hall and Oceanfront Park to market the Services; and b. Provide and display posters or postcards marketing the Services within City facilities, including City Hall, Cultural Center, Senior Center, Hester Center, and the Carolyn Sims Center concerning the Services. 4859-3315-2162,v. 1 434 435 436 Presentation For Shuttle Service Update- Q3 (Oct 1- Jan 1, 2025) 437 Bus Stop Transit Station Home/Work Local Hot Spots Parking P Take Cars Off The Road Reduce congestion, use of SOVs & emissions Connect Communities Increase Mobility & Accessibility Jobs & Economic Development Create Jobs & Drive Traffic to Businesses Increase Shared Rides “Ride Sharing” not just “Ride Hailing” Innovation & Impact Contribute to the Future of the City Efficiency Circuit Moves More People For Less $ GEOFENCED AREA About Circuit 438 The Leader in On-Demand EV Services Orlando 439 Coastal Cruiser Hours of Operation Monday: 10:00am - 8:00pm Tuesday: 10:00am - 8:00pm Wednesday: 10:00am - 8:00pm Thursday: 10:00am - 8:00pm Friday: 10:00am - 10:00pm Saturday: 10:00am - 10:00pm Sunday: 10:00am - 8:00pm Total Cars: 4 (including 1 ADA GEM) Expanded Coverage Area! (Now includes Walmart Supercenter off Federal, and North of E. Boynton Beach Blvd.) 440 Technology - Data Reports and Ongoing Improvements- Q3 (Oct 1- Jan 1, 2025) Data Reports ●Total Rides, Pax, Pax/Pride ●Wait Times, Ride Times ●Pickup and Dropoff Spatial Mapping ●Riders/Car/Service Hour ●Ridership Day/Day, WOW, MOM ●Fares Collected and % Discounted ●% of Rides Pooled, New Users Oct 1- Jan 1, 2025 ●1,863 rides (avg. 900 a month) ●2,444 passengers (avg. 1,000 a month) ●46 avg. user age ●278 avg. unique (individual users) ●Avg. wait time- 6:40 ●New users a month 441 Boynton Beach Ridership Q3 Oct 1- Jan 1, 2025 Passengers Wait Times 442 Top 10 Pickup Locations 1.Beach Stop 2.503 SE 18th Ave, Boynton Beach, FL 33435, USA 3.650 E Woolbright Rd, Boynton Beach, FL 33435, USA 4.Boynton Beach, FL 33435, USA 5.623 NE 6th Ct, Boynton Beach, FL 33435, USA 6.739 E Ocean Ave, Boynton Beach, FL 33435, USA 7.128 NE 11th Ave, Boynton Beach, FL 33435, USA 8.221 SE 4th St, SE 4th St 221 9.101 Federal Hwy, Boynton Beach, FL 33435, USA 10.Publix Super Market at Sunshine Square, SE 18th Ave 501 Drop-Offs Top 10 Drop Off Locations 1.Publix Super Market at Sunshine Square, SE 18th Ave 501 2.Beach Stop 3.Banana Boat, E Ocean Ave 739 4.Hurricane Alley, E Ocean Ave 529 5.Two Georges Waterfront Grille, Casa Loma Blvd 728 6.The Butcher and The Bar, E Ocean Ave 510 7.Prime Catch, E Woolbright Rd 700 8.Josie's Ristorante, E Woolbright Rd 650 9.Boynton Beach City Library, E Ocean Ave 100 10.Cafe Frankie's, E Ocean Ave 640 Pickups Oct 1- Jan 1 2025 Boynton Beach Ridership- Q3 443 Boynton Beach Ridership YTD 444 Oct 1- Jan 1, FRIDAY AND SATURDAY ONLY Boynton Beach Ridership 445 Oct 1- Jan 1, SUNDAY-THURSDAY ONLY Boynton Beach Ridership 446 Boynton Beach Ridership YTD- Jan 1, 2025 7,971 & 5,770 Total riders & Rides 12.03 mtons GHG emissions avoided 8 Driver Ambassadors W2 jobs for locals 4.94 / 5.0 Average ride rating $1-$2 Rider fare $27,000 Monthly economic impact 447 ridecircuit.com Advertising Suncruiser 4 week advertising campaign— 12/23/24 - 1/19/25 $2,500 campaign 448 ●900+ avg. Riders per month (and growing) It’s working! ● GHG & VMT Reductions ● Economic Development 449 Thank you!! We’re ready to continue to move Boynton Beach forward! See what we’re up to on social @ride_circuit Connect with our Sales Team & get started jason@ridecircuit.com↓Visit us ridecircuit.com↓↓450 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: February 11, 2025 OLD BUSINESS AGENDA ITEM 14.D SUBJECT: Discussion and Consideration of Approval of Amendment No. 1 to the Agreement for On- Demand Transportation Service with Circuit Transit Inc. SUMMARY: On January 18, 2024, the CRA Board approved the contract with Circuit Transit, Inc (Circuit), for the CRA pilot ride share program which will provide all-electric on-demand transportation services (see Attachments I - II). The Scope of Work of the Agreement with Circuit is summarized below (see Attachment III): on-demand ride share service with the exception of fixed routes for special events initial 6-month contract with the option to renew 6 months include the use of two GEM cars and two EV sedans provide service from 10 AM - 8 PM (Sunday-Thursday) and 10 AM - 10 PM (Friday and Saturday) report back to the Board quarterly once the contract begins Following the Board's approval at the January 18th meeting, the CRA and City of Boynton Beach entered into an Interlocal Agreement (ILA) which was approved at their February 13, 2024, and March 5, 2024, meetings respectively (see Attachment IV). The ILA is in place in order to provide dedicated parking locations, electrical service for the charging, ride share service to the Ocean Front Beach Park and potential fixed route ride share service for City Events. The ILA also serves as the tool to allow the City to fund any service outside of the CRA boundaries and allow reimbursement of EV charging costs. On March 23, 2024, at the CRA's Spring Market event, the rideshare service launched as the Coastal Cruiser. At the September 10, 2024 meeting, the CRA Board approved the 6-month contract renewal extending service to March 2025 (see Attachment V). Since the contract renewal, Circuit service has expanded to the north and south ends of the Federal Highway District. Service is now available throughout the CRA boundary except for the Industrial Craft District (west of I-95). As the pilot program is approaching the end of its first year of service on March 5, 2025, the Board directed staff at their December 10, 2024 meeting to meet with the City to discuss opportunities for expansion. 451 •Attachment I - January 18, 2024 CRA Board Meeting Minutes •Attachment II - CRA/Circuit Executed Contract •Attachment III - Exhibit A: Scope of Work •Attachment IV - CRA/City Executed Interlocal Agreement •Attachment V - 6-Month Renewal Signed by Circuit •Attachment VI - Amendment No. 1 On December 17, 2024 CRA/City staff met to discuss expanding the service area outside of the CRA boundaries. City staff would like to renew the current contract with the existing service area to Oceanfront Beach Park and look at expanding the service area during FY 2025-2026 budget discussions with the City. On January 7th, the CRA met with Circuit representatives regarding their discussions with Bethesda Hospital and Tri-Rail about potential sponsorship opportunities. At the January 14, 2024 meeting, the CRA Board consensus was to extend the contract beyond the one-year pilot program and continue service as it currently operates. Attachment VI is Amendment No. 1 to the Agreement for On-Demand Transportation Service with Circuit Transit Inc. The Amendment extends the rideshare service for one year with two options to extend for one year. Staff, legal counsel and a representative from Circuit will be in attendance to answer any questions. FISCAL IMPACT: FY 2024-2025 Budget, Project Fund, Line Item 02-58500-470, $400,000 for Circuit Contract CRA BOARD OPTIONS: Approve Amendment No 1. to the Agreement for On-Demand Transportations Service with Circuit Transit Inc. ATTACHMENTS: Description 452 Meeting Minutes CRA Board Meeting Boynton Beach, FL January 18, 2024 Board Member Kelley moved to table Item 13F until the next meeting. Board Member Hay seconded the motion. The motion passed unanimously. G. Discussion and Consideration of a Contract with Circuit Transit Inc. for the BBCRA Pilot Ride Share Program Mr. Tack gave an overview of the Contract with Circuit Transit Inc. for the CRA Pilot Ride Share Program. He commented that at the November Board meeting, the Board gave Staff permission to move forward with negotiations with Circuit. Board Member Hay inquired, if needed, how long would it take to get another vehicle. Mr. Bagley, Circuit Transit Inc., replied the time it would take to add an additional vehicle, depends on the type of vehicle. He commented that if it was a sedan, it would be a few weeks, if it was a Gem vehicle, it has a longer order time. He stated that the sedans are going to be the better fit and offer the most flexibility. Board Member Hay asked who is responsible for the vehicles when they are parked overnight. Mr. Tack said that the CRA will be responsible, and the CRA is working with the City to provide four parking spaces in the current City parking lot on the corner of East Boynton Beach Boulevard and Seacrest Boulevard. He stated that Circuit would be responsible for liability since the vehicles and equipment belong to them. Board Member Hay inquired about special events and who is responsible for paying the overtime. Mr. Tack stated that the way the contract is written, it would not be considered overtime, there would be additional staffing and there is a rate within the contract that would provide the hourly rate structure. Vice Chair Turkin opened public comments. No virtual comments. Vice Chair Turkin closed public comments. Motion: Board Member Hay moved to approve the agreement with Circuit Transit, Inc. for the CRA Pilot Ride Share Program as presented and authorize the Board Chair to execute, subject to final legal review. Board Member Kelley seconded the motion with discussion. Board Member Kelley inquired what happens at the end of the six-month agreement. 6 453 Meeting Minutes CRA Board Meeting Boynton Beach, FL January 18, 2024 Janice Rustin, Counsel, replied that at the end of the six months, the contract will automatically be renewed for another six months. 14. New Business A. Discussion and Consideration of a Request for Proposals for Property Appraisal Services (Moved to February) B. Discussion and Consideration of Purchase of 1111 S. Federal Highway Mr. Tack gave an overview of the property located at 1111 S. Federal Highway. He said that the CRA Staff actively pursues the purchase of properties within the CRA District in order to spur redevelopment opportunities in accordance with the CRA Plan. He stated that 1111 S. Federal is a vacant lot, approximately .35 acres, which is currently zoned as C3 Community Commercial. He stated that the future development would be a potential mixed use under the Mixed Use Medium Future Land Use Classification. He commented that the development potential would allow mixed use development with a maximum density of 40 to 50 units per acre, and maximum height of 65 to 75 feet. Board Member Kelley stated that this is prime property with Federal Highway access and proximity to other properties owed by the CRA, and this an opportunity to capture property that has potential. Board Member Hay stated that it is a good deal and he is in favor of the purchase. Vice Mayor Turkin stated that he agrees with his colleagues this is a great opportunity. Vice Chair Turkin opened public comments. Blair Lee, the Broker for the property, stated that he had conferred with his client who owns the property at 1111 S. Federal Highway. He commented that they discussed a price of somewhere between the list price and $850,000. He noted that the purchase price came in at $891,000. He stated that the owner has continued to get the approvals on the square footage with a site plan, and the owner would like the Board to consider paying the appraised value. No virtual comments. Vice Chair Turkin closed public comment. Motion: Board Member Kelley moved to approve the purchase of the vacant lot located at 1111 S. Federal Highway in the amount of $850,000 and authorize the Board Chair to execute a Purchase and Sale agreement subject to final legal review. Board Member Hay seconded the motion with discussion. The motion passed unanimously. Board Member Hay inquired if there was anything currently planned for the site. 7 454 455 456 457 458 459 460 461 462 463 464 465 466 467 468 469 470 471 472 473 4853-3349-4940, v. 6 EXHIBIT A: SCOPE OF WORK Section 1: Summary of Services Circuit shall develop, implement and manage a Micro-Transit “On Demand” service (the "Service”) within a geo-fenced coverage area described in Exhibit A-1. The Service will have the ability to be on demand and may include supplementary service for special events as specified in this Scope of Work. The Service will serve visitors, residents, and workers by providing a convenient, efficient mobility option to circulate primarily throughout the Boynton Beach CRA boundaries and provide transportation to Ocean Front Beach Park. The Service to the Beach shall be subject to CRA’s execution of an interlocal agreement with the City of Boynton Beach for the provision of services to Ocean Front Beach Park. The Service shall: A. Operate a 6-month on-demand pilot test in two zones (Zone 1 and Zone 2) covering approximately 1.6 square miles of coverage area as illustrated in Exhibit C (“Service Area”). Zone 1 is located within the boundaries of the CRA. Zone 2 provides service to Ocean Front Beach Park, which is located outside the boundaries of the CRA. B. Supplement any part of the service with a fixed route for special events and if deemed necessary through data and public needs. C. Demonstrate the ability to scale up and down the fleet of vehicles and deploy them to various locations based on monthly, weekly, daily, and hourly fluctuations in demand in order to achieve a desired level of service. D. Operate vehicles that meet the Federal Motor Vehicle Safety Standards and Regulations. E. Provide a safe and pleasing passenger experience with capable, qualified and courteous drivers. F. Feature a mobile application downloadable from both the Apple Store and Google Play Store which will have the ability to charge a fee for service via a secured credit card payment system. G. Provide a dedicated phone line so that users can call and request assistance. H. Service will be operational within 30 days of the effective date of this Agreement or upon the CRA’s execution of an interlocal agreement with the City of Boynton Beach for services, whichever is later. The date of operation may be extended by mutual agreement of the parties if necessary to accommodate installation of infrastructure as required by Section 4 this agreement. I. Service shall be periodically adjusted based upon needs identified during the term of the Agreement and the availability of funds. Section 2: Mobile Application Circuit shall provide a mobile application which provides for the following: A. Allows riders to request pick up and drop off locations within the Service Area. B. Allows the user to connect from Zone 1 and Zone 2. C. At no cost to the CRA, Circuit shall maintain updates to the application, which shall be compatible with smart phones and other mobile devices. D. Provides for the ability to charge a fee per rider and issue discounts via promo-codes. E. Provides users with approximate time until pick up. F. Allows users to rate drivers and provide feedback. G. Features a Google Maps based map (or equivalent) that identifies the boundaries of the Service Area. H. After a ride request has been accepted by a driver, depicts the real-time location of vehicles on a map of the Service Area. I. Ability to track party and usage data. 474 4853-3349-4940, v. 6 Section 3: Marketing and Branding A. In coordination with the CRA, Circuit shall develop and implement a branding strategy, which shall incorporate the logo and name of the CRA and the City of Boynton Beach. Circuit shall not implement any branding strategy without prior written approval from the CRA. Any changes to the branding strategy must be approved in writing by the CRA prior to implementation. B. Circuit shall develop and implement a marketing program to promote awareness of the program. The CRA shall have the right to request changes to the marketing program. C. The CRA retains the right to review marketing materials prior to use and to request changes or withdrawal of any marketing materials. Section 4: Vehicles and Infrastructure Circuit shall procure, license, operate and maintain vehicles and related infrastructure including charging stations used in the service in accordance with applicable laws and regulations with the following requirements. A. Fleet Size. Unless the parties agree otherwise, Circuit will acquire and operate at its own expense no fewer than two (2) GEM vehicles (inclusive of one (1) ADA accessible GEM vehicle) and two (2) EV Sedans as part of this Service. The parties agree that the hourly rate for the EV Sedans will be the same as the GEM vehicles for the Initial Term and Renewal Term of the Agreement. Circuit shall maintain and operate vehicles to satisfy the minimum levels of service and ADA accessibility requirements. B. Specifications. All vehicles will: i. Comply with all applicable laws and regulations. ii. Be fully electric. iii. Meet all safety standards established by applicable law or regulation. iv. Feature luggage carrying capacity. C. Branding. The branding strategy will be applied to all vehicles as follows: i. At all times during operation of any vehicles pursuant to this Agreement, Circuit may apply, but is not limited to, branding to all wheels, hoods, front panels, coping, roof and rear fenders, unless otherwise prohibited by the CRA. ii. Circuit shall develop a default vehicle wrap to be used when no paying advertiser has been identified for any vehicle or vehicles for a period of 7 days or longer unless otherwise approved by the CRA. iii. Exterior and interior advertising will not interfere with the placement or visibility of any branding required by this Agreement, unless otherwise approved by the CRA. D. Licensing. Circuit shall obtain and maintain proper licensing and registration of all vehicles at all times. E. Parking and charging stations. The CRA shall provide four (4) parking spaces that will be reserved exclusively for Circuit’s use, which Circuit may use for charging, parking, and storing the vehicles during times of non-operation. The location of the spaces will be as stated in the Interlocal agreement between the CRA and the City. Circuit shall be permitted to install Level 2 EV charging stations and signage at the three (3) of the reserved parking spaces. Circuit shall be solely responsible for the cost of signage, charging equipment, and electrical services required for charging vehicles. The CRA shall ensure that electrical service is available at the reserved spaces. Upon termination of the Agreement, Circuit shall restore the reserved parking spaces to their original condition. F. Maintenance and replacement. 475 4853-3349-4940, v. 6 i. At Circuit’s sole cost, Circuit shall maintain the interior and exterior of all vehicles in good working order, in accordance with all applicable laws and regulations. ii. Circuit shall ensure that all vehicles will be free of graffiti, vandalism, defacement and other damage to the satisfaction of the CRA. iii. Circuit shall replace any vehicle at its sole cost when the vehicle cannot be maintained in good working order, in accordance with applicable laws and regulations, or it is no longer able to be maintained in accordance with the requirements of this Agreement. iv. Circuit shall use its best efforts to restore or replace non -operational vehicles to operation within three (3) calendar days from the date of any incident requiring the vehicle to be removed from operation. Circuit shall provide verbal and written notice to the CRA of any delay in restoring or replacing a non-operational vehicle that extends beyond three (3) calendar days from the date of malfunction. If the CRA determines that any such delay is due to Circuit’s lack of diligence, the CRA will have the right to pursue any remedy provided for in this Agreement, or at law or equity. Section 5: Staffing A. General. Circuit shall provide sufficient staffing to maintain levels of service required by this Agreement. All persons providing services pursuant to this Agreement will be employees, contractors or consultants hired by the Circuit. Circuit is solely responsible for all staffing decisions made pursuant to this Contract. B. Drivers. Circuit shall obtain complete background checks on all drivers, including driving records, criminal checks and employment references, conduct initial drug testing, and provide a training program for newly hired drivers. Circuit shall not hire any convicted felon or any person who has been convicted or pled guilty to driving under the influence of drugs or alcohol as a misdemeanor in any state. Circuit shall not hire a driver with more than three (3) infractions relating to driving a motorized vehicle within the previous 24 months. Circuit to review each driver’s driving and criminal records at least annually. C. Circuit shall provide its employees with a living wage and tips. Section 6: Attaining and Maintaining Levels of Service (LOS) A. General. Circuit shall provide an LOS that meets customer demands at all times of Service operations. B. Service Level review. Circuit and the CRA shall meet at least quarterly to review LOS and determine if any adjustments are necessary. Any agreed upon adjustments will be made in writing. C. The CRA designates Timothy Tack as the Project Manager and will provide written notification to Circuit of any changes to the Project Manager. The Project Manager shall be Circuit’s principal point of contact regarding any matters relating to this Agreement. The Project Manager shall provide all general direction to Circuit regarding performance and provide guidance regarding the CRA’ s goals and policies. The Project Manager is authorized to waive or modify any material changes to this Scope of Work changes so long as the changes do not increase Compensation paid to Circuit. Except as provided herein, any modifications to the Scope of Services that increase the Compensation paid to Circuit must be agreed by the parties by written amendment to the Agreement. D. Circuit designates Jason Bagley as Circuit’s Representative for this Agreement. Circuit will provide written notice to the CRA should there be a subsequent Representative change. Circuit’s Representative has full right, power and authority to act for Circuit on all matters arising under or relating to this Agreement. E. Special events. CRA may request additional vehicles for special events. Such request shall be made at least thirty (30) days prior to the special event and may include a request the establishment 476 4853-3349-4940, v. 6 of a fixed route for existing vehicles and/or a request additional vehicles, subject to availability. For additional vehicles provided for special events, CRA agrees to pay the regular service hourly rate per vehicle of $34.97 plus the actual cost to transport the vehicle(s) to the requested location , which will be agreed to by the parties in writing, prior to transportation. Section 7. Trip Sharing A. Drivers shall be permitted to transport more than one (1) party but no more than five (5) parties in GEM vehicles and four (4) parties in the E-Sedan under the following conditions: i. The vehicle must be equipped with individual seatbelts for the driver and each rider. ii. All passengers must use seatbelts at all times. iii. The total number of passengers, including the driver does not exceed the vehicle’s legal capacity. Section 8: Operational Requirements A. Circuit and all its employees, officers, managers, staff, subcontractors and subconsultants shall comply with all applicable local, state and federal laws and regulations while performing work pursuant to this Agreement including but not limited to all laws and regulations regarding the safe operation of vehicles. B. Circuit shall prohibit drivers from texting or using smartphones, or other mobile device, eating, drinking, wearing headphones, and engaging in any activity that may cause the driver to become distracted while driving the vehicle. Parties acknowledge and agree that (i) drivers will only be permitted to wear Bluetooth enabled device or similar technology to provide service provided by this Contract in accordance with all laws governing such devices; and (ii) drivers may use smart phones mounted to the dashboard or windshield of the vehicles only in accordance with all laws governing such devices. C. Circuit must obtain all permits and approvals required in the ordinary course of business for the safe and legal operation of the Service, including without limitation, permits or approvals from the Florida Department of Highway Safety and Motor Vehicles, . Circuit is responsible for obtaining any permits and approvals required by the State of Florida for operation of the Service. D. Circuit to require all persons using the Service to comply with applicable local, state and federal laws and regulations relating to the use of seatbelts and alcohol consumption in vehicles. E. Circuit and its drivers are permitted to refuse service when, in the driver’s opinion, a passenger poses a threat to himself or herself, other passengers, the driver, the vehicle or other vehicles or persons. F. Circuit is permitted to establish reasonable restrictions on the provision of services to non-service animals. G. All Circuit drivers shall wear proper identification and a uniform. H. The CRA reserves the right to request immediate dismissal of any Circuit employees who fail to comply with the requirements of this Agreement. Relief personnel should be readily available during the term of this Agreement. Section 9: Operating Hours Each vehicle shall be available for an anticipated sixty (60) hours each week (“Vehicle Hours”) . The cost per vehicle shall be based on the rates described in the Pricing Schedule attached as Exhibit B. The Vehicle Hours shall occur within the following schedule: 477 4853-3349-4940, v. 6 Day Start time End time Mon 10:00 am 8:00 pm Tues 10:00 am 8:00 pm Weds 10:00 am 8:00 pm Thurs 10:00 am 8:00 pm Fri 10:00 am 10:00 pm Sat 10:00 am 10:00 pm Sun 10:00 am 8:00 pm CRA Project Manager shall have the discretion to reduce or increase the number of Vehicle Hours and/or determine the hours of operation based on level of demand as determined by monthly data collection and consideration of holidays or other special events so long as the total Vehicle Hours for each month does not exceed the CRA’s annual budget for the Service. Section 10: Levels of Service Reporting A. Circuit shall provide the CRA with monthly reports describing the level of service for each zone. Upon request, Circuit will provide the CRA with weekly level of service reports for each zone. B. Monthly data reports shall include: i. Number of parties on a daily, weekly and monthly basis ii. Number of paying customers iii. Gross/Net revenue collected for fare revenue credits which distinguishes between fare revenue collected for Zone 1 trips and fare revenue collected for Zone 2 trips. iv. Number of vehicles not in operation on a daily, weekly and monthly basis v. Average wait time from request through the mobile app until arrival by assigned driver on a daily, weekly and monthly basis. vi. Average trip duration on a daily, weekly and monthly basis. vii. Pick-up and drop off location for each trip. viii. Average number of passengers per party per trip. ix. Average number of parties per trip. x. Number of passenger complaints received and resolution of the complaints on a daily, weekly and monthly basis. C. Circuit shall present a report to the CRA Board on a quarterly basis summarizing the data provided in the monthly reports, the collected fare revenue, and the advertising revenue generated. D. In the event Circuit does not provide a required report(s), the CRA reserves the right to withhold payment until the required report is received. To the extent that the CRA requires additional information related to the above reporting requirement, Circuit shall provide the information to the CRA. Section 11: Advertisement Sales Circuit shall sell space on the exterior or interior of the vehicles for the display of commercial advertising. Net Advertising Revenue, defined below, that is generated by Circuit in connection with the sales of commercial advertising shall be divided equally between Circuit and the CRA. Net Advertising Revenue means the gross advertising revenue received less all costs and expenses, including, but not limited to 478 4853-3349-4940, v. 6 advertisement design, production costs, installation and removal costs and customary commissions paid to media sales representatives, incurred by Circuit in connection with providing the advertisement sales. Circuit shall provide an accounting of all advertising revenue with its Level of Service monthly report as required in Section 9, which shall include the gross revenue, costs and expenses Circuit shall provide to CRA a breakdown of the Net Advertising Revenue each month, which shall include the gross revenue plus costs and expenses incurred in connection with providing advertising sales Section 12. Advertising Guidelines A. In its agreements with its advertising contractors, Circuit shall reserve the right to reject any advertisement, commercial or noncommercial. B. Circuit shall determine the methods, details, and means for performing the Advertising Sales Services, subject to the CRA's consent which shall not be unreasonably withheld. C. All advertising and promotional materials, including, without limitation, any vehicle “wraps” (collectively “Advertising”) must conform to the following criteria: i. Defamatory Advertising. No Advertising will be permitted that falsely disparages any person, product, or company, or that is likely to damage the reputation of any person, product, or company. ii. Advertising Condoning Criminal Conduct. No Advertising will be permitted that is likely to incite or produce imminent unlawful activity. iii. Obscene Advertising. No Advertising shall display any statement, word, character, or illustration of an indecent or obscene nature, as defined by F.S. Chapter 847, as may be amended from time to time. iv. False Advertising. No Advertising shall displace false or misleading information, intended to mislead the public as to anything sold, any services to be performed or information disseminated. v. Tobacco, Firearms, and Cannabis. No Advertising shall display any statement that promotes the sale of tobacco or tobacco products, electronic cigarettes, firearms, or medical marijuana treatment centers or delivery devices in accordance with Florida law. vi. Existing Laws. All Advertising must conform to all applicable federal, state, and local statutes, laws, ordinances, rules and regulations. D. The CRA shall request removal of any advertising, commercial or noncommercial, that does not conform to this policy. Such demand will be in writing and will state reasonable grounds for the request. Circuit will consider and act promptly upon the request in accordance with this policy. Section 13: Ridership Fares A. Circuit shall collect ridership fares for the services, as follows: 479 4853-3349-4940, v. 6 i. For rides that begin and terminate within Zone 1: $1.00 for each rider. ii. For rides that begin or terminate in Zone 2: $2:00 for each rider. If the rider is part of a group, $2.00 for the initial rider and $1.00 for each additional rider within the group. B. Circuit shall credit the CRA’s monthly invoice for each Zone with 100% of the Net Fare Revenue, defined below, that is generated and collected from ridership fares. C. Net Fare Revenue means all gross ridership revenue that is collected from the passengers for the services less revenue collection costs and expenses, including but not limited to sales taxes or other taxes imposed by law, credit card processing fees and other billing related charging by third parties imposing similar processing charges. Circuit will be responsible for documenting all costs and expenses and related charges associated with the Net Fare Revenue calculations. 480 1 RESOLUTION NO. R24-041 2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 3 FLORIDA,APPROVING AND AUTHORIZING THE MAYOR TO 4 SIGN THE INTERLOCAL AGREEMENT BETWEEN THE CITY 5 OF BOYNTON BEACH AND THE BOYNTON BEACH 6 COMMUNITY REDEVELOPMENT AGENCY REGARDING 7 CIRCUIT TRANSIT INC., FOR THE BBCRA PILOT RIDE 8 SHARE PROGRAM; AND PROVIDING AN EFFECTIVE DATE. 9 WHEREAS, on January 18, 2024, the CRA Board approved a contract with Circuit 10 Transit, Inc., for the CRA pilot ride-share program, which will provide all-electric on-demand 11 transportation services; and 12 WHEREAS, the City and CRA desire to provide an additional route from the CRA 13 district to Ocean Front Beach Park,along with four dedicated parking stalls in the north parking 14 lot at the corner of Seacrest Blvd. and Boynton Beach Blvd., which will include three Level 2 15 EV charging stations adjacent to the existing electrical service; and 16 WHEREAS, in order to provide dedicated parking locations, electrical service for the 17 charging,ride share service to the Ocean Front Beach Park, and potential fixed route ride share 18 service for City Events, an Interlocal Agreement is required to fund any service outside of the 19 CRA boundaries and allow reimbursement of EV charging costs; and 20 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the 21 recommendation of staff,deems it to be in the best interests of the City residents to approve and 22 authorize the Mayor to sign the Interlocal Agreement between the City of Boynton Beach and 23 the Boynton Beach Community Redevelopment Agency regarding Circuit Transit Inc., for the 24 BBCRA Pilot Ride Share Program. 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 26 THE CITY OF BOYNTON BEACH, FLORIDA,THAT: 27 Section 1. Each Whereas clause set forth above is true and correct and incorporated 28 herein by this reference. 29 Section 2. The City Commission of the City of Boynton Beach, Florida, does 30 hereby approve and authorize the Mayor to sign the Interlocal Agreement between the City of 31 Boynton Beach and the Boynton Beach Community Redevelopment Agency regarding Circuit S:\CC\WP\CCAGENDA\2024\03-05-2024 CC\R24-041 Agenda_Item_1227-2023_ILA_City_CRA_Circuit_Transit_- Pilot_Ride_Share_Prognam.Docx 481 32 Transit Inc., for the BBCRA Pilot Ride Share Program. A copy of the Interlocal Agreement is 33 attached hereto and incorporated herein as Exhibit "A." 34 Section 3. That this Resolution shall become effective immediately upon passage. 35 PASSED AND ADOPTED this 5th day of March 2024. 36 CITY OF BOYNTON BEACH, FLORIDA 37 YES NO 38 39 Mayor—Ty Penserga 40 41 Vice Mayor—Thomas Turkin 42 43 Commissioner—Angela Cruz turns 44 45 Commissioner—Woodrow L. Hay V 46 47 Commissioner— Aimee Kelley 48 49 VOTE q 'D 50 51 AT ' : 52 53 4(0--54 i. ,I,r l 55 Maylee ID- sus, MPA MC nerga 56 City Cl ilryor 57 58 APPROVED AS TO FORM: 59 (Corporate Seal) 0,INT0A ` 60 0 ,. ORA; . G61 e •* ) 111 sdkai/ t 6 62 SEAL .5.li Shawna G. Lam 63 IticpORA1- 0 i City Attorney 192 111 '....... 1``.`, FLOR\V' S:\CC\WFCCAGENDA\2024\03-05-2024 CC\R24-041 Agenda_Item_1227-2023_ILA_City_CRA_Circuit_Transit_- Pi lot_Ride_Share_Program.Docx 482 INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR FUNDING AN ON DEMAND TRANSPORTATION SERVICES PILOT PROGRAM THIS AGREEMENT ("Agreement") is made this5dday of / ki-CM 2024, by and between the CITY OF BOYNTON BEACH, a Florida municipal corporation, (hereinafter referred to as "City"), and the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public body corporate and politic, duly created and operated pursuant to Chapter 163, Florida Statutes (hereinafter referred to as the"BBCRA"). The City and BBCRA may be referred to herein individually as a "party" and collectively as the "parties." WITNESSETH: WHEREAS, the BBCRA has elected to enter into an agreement with Circuit Transit, Inc. Circuit"), a copy of which is attached hereto as Exhibit A ("Circuit Agreement"); and WHEREAS, the Circuit Agreement provides that Circuit shall provide on demand transportation services (the "Services") as part of a pilot program for the BBCRA; and WHEREAS, the BBCRA shall only provide funding for the Services within the BBCRA's boundaries; and WHEREAS, the City desires to participate in the pilot program, fund Services outside of the BBCRA's boundaries, and otherwise contribute to the pilot program as described in this Agreement; and WHEREAS, to that end, the area in which Services will be provided has been divided into Zone 1 and Zone 2, which are depicted on Exhibit B attached hereto, which is hereby incorporated herein; and WHEREAS, Zone 1 is within the BBCRA's boundaries; and WHEREAS, Zone 2 is outside the BBCRA's boundaries; and WHEREAS, the BBCRA desires to enable the City to participate in the pilot program, fund Services outside of the BBCRA's boundaries, and otherwise contribute to the pilot program as 4859-3315-2162,v. 1 483 described in this Agreement; and WHEREAS, the BBCRA has required that Circuit include the City as an additional insured pursuant to the Circuit Agreement; and WHEREAS, the 2016 Community Redevelopment Plan ("CRA Plan") calls for the BBCRA to provide for connectivity between the districts, address public parking shortfalls, and provide for additional public waterfront access; and WHEREAS, the Services shall be in furtherance of these goals and principles of the CRA plan; and WHEREAS, the City and the BBCRA find that this Agreement serves a municipal and public purpose, and is consistent with and in furtherance of the Community Redevelopment Plan and the requirements of Chapter 163, Florida Statutes; NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties agree as follows: 1. Recitations. The recitations set forth above are hereby incorporated herein. 2 Definitions. Terms not otherwise defined herein shall have the meaning set forth in the Circuit Agreement(including the Exhibits to the Circuit Agreement). In the event of a conflict between a definition in this Agreement and a definition in the Circuit Agreement, the terms in this Agreement shall control. All other terms shall have their ordinary dictionary definitions. 3. Payment. The parties agree: a. Contribution. The City shall be responsible for providing payment to the BBCRA for the costs of the Services in Zone 2 and other costs as described below. Such payment shall be made within 15 days of the City receiving a complete written request for payment from the BBCRA. b. Invoicing. The BBCRA will submit the complete written request for payment to the City within 15 days of the receiving an invoice from Circuit. i. For purposes of this Agreement, a complete written request shall include: 4859-3315-2162,v. 1 484 1. The amount of payment requested. 2. The monthly report from Circuit, if provided by Circuit, describing the level of service for Zone 2, or equivalent documentation indicating the fare revenue collected from Zone 2 trips and the number of Zone 2 trips. 3. A copy of Circuit invoice to the BBCRA. 4. Tabulation by the BBCRA for the amount owed to the BBCRA by the City, which shall include each of the following, as applicable. A. For ordinary services, the costs of the Services in Zone 2 shall be calculated by multiplying the total invoice amount by the percentage of rides starting or ending within Zone 2, then subtracting from that resulting number fifty percent of the Net Fare Revenue generated from rides starting or ending within Zone 2. For clarity, the calculation above may also be represented as follows: total invoice amount) x (percentage of rides starting or ending within Zone 2)] — [.5 x Net Fare Revenue generated from rides starting or ending within Zone 2] = Amount of City Payment Due. It is the intent of the parties that the Net Fare Revenue generated from rides starting or ending within Zone 2 be evenly divided between the parties. B. For Services requested by the City for special events ("Special Event Services"), the City shall reimburse the CRA for all costs associated with Special Event Services, regardless of the location of the special event. ii. In the event the written request is incomplete, the City shall notify the BBCRA within five days of receiving the incomplete request; otherwise such request shall be deemed complete. Upon receiving written notice of an incomplete request, and the BBCRA 4859-3315-2162,v. 1 485 shall have 10 days to submit the complete written request; otherwise such written request shall be ineligible for payment. c. Promotions. In the event the City requests a pricing discount ("Sales Promotion") on certain Services, the City shall make payment to the BBCRA for difference in revenue to the BBCRA as a result of the Sales Promotion. 4 Coordination. The parties agree to the following concerning coordination related to this Agreement. a. Between the City and BBCRA. Coordination between the City and BBCRA shall occur as follows: i. The City shall designate a single point of contact ("City Project Manager") for coordination with the BBCRA concerning this Agreement. The City may modify the person acting as the City Project Manager upon written notice to the BBCRA. At present, the City designates Gail Mootz who can be reached at mootzg@bbfl.us and 561-742-6223. The BBCRA shall copy Jonele Luma at LumaJ@bbfl.us on all correspondence concerning invoices and Payments due. ii. The BBCRA shall designate a single point of contact ("BBCRA Project Manager") for coordination with the City concerning this Agreement. The BBCRA may modify the person acting as the BBCRA Project Manager upon written notice to the City. At present, the BBCRA designates Timothy Tack, who can be reached at tackt@bbfl.us and (561)600-9091, with a copy of all emails to be directed to Bonnie Nicklien at nicklienb@bbfl.us. b. With Circuit. The parties agree the BBCRA shall be the sole point of contact with Circuit. In the event the City desires to request Special Event Services, the City Project Manager shall submit to the BBCRA Project Manager a written request with sufficient detail to notify the BBCRA and Circuit of the time, date, total vehicle hours, vehicle types, and any other information necessary to analyze such request. Any request is for Special Event Services 4859-3315-2162,v. 1 486 must be made at least 30 days prior to the date of the applicable special event. If the City desires to coordinate with Circuit on any other matter, the City shall submit a written request to the BBCRA Project Manager containing sufficient information to analyze such request for consistency with the Circuit Agreement. So long as a written request from the City is consistent with the terms of the Circuit Agreement, the BBCRA shall coordinate with Circuit concerning the request within 5 business days of receiving such request and shall endeavor to arrange a meeting between the City, BBCRA, and Circuit. The City shall supply additional information as requested by the BBCRA as may be necessary, in the opinion of the BBCRA, to analyze the City's request and coordinate with Circuit concerning the same. 5. Parking Spaces. The parties agree that Circuit may use the Parking Spaces (defined below) for storing and charging the vehicles that provide the Services. a. Location. The City agrees to designate the parking spaces identified in Exhibit C (the Parking Spaces")for the sole use of Circuit. The location of the Parking Spaces may be moved from time to time upon the written consent of the BBCRA Project Manager and the City Project Manager. However, in the event the City requests the Parking Spaces be moved, the City and BBCRA share evenly share the costs of moving any charging infrastructure and signage. The parties agree to make best efforts to avoid relocating the Parking Spaces during the term of the Agreement. b. Signage, Charging Infrastructure, Electricity. The City consents to the placement of signage and electric charging infrastructure at the Parking Spaces, which shall be installed at no cost to the City. The City confirms that sufficient power can be supplied to the Parking Spaces to charge four Circuit vehicles simultaneously. The City shall invoice the CRA for the electricity used by the Parking Spaces. The BBCRA Project Manager and City Project Manager may agree to incorporate the electricity invoice into the payment described in Paragraph 3 of this Agreement. 4859-3315-2162,v. 1 487 c. Enforcement. The City agrees to assist in enforcement of parking restrictions to ensure the Parking Spaces are used exclusively by Circuit vehicles, as may be required from time to time. 6. Relationship to the Circuit Agreement. The parties agree that the City shall only be responsible for providing payment to the BBCRA and that BBCRA shall be responsible for administering the Circuit Agreement. The parties agree that the BBCRA has sole and absolute discretion concerning the Circuit Agreement, and nothing in this Agreement confers the rights or obligations of the BBCRA within the Circuit Agreement to the City. Nonetheless, the CRA will endeavor to coordinate with the City concerning the termination of the Circuit Agreement and the amount and timing of Services prior to terminating the Service Agreement or implementing Service changes. The BBCRA will not terminate services to Zone 2 without the prior written consent of the City. 7. Marketing and Promotion. Marketing and promotional efforts concerning the Services shall occur as follows: a. Inclusion of City Logo. The BBCRA shall include the City's logo on marketing and advertising pursuant to the Circuit Agreement ("Promotional Materials") at no cost to the City. The City shall provide its preferred logo to the BBCRA for use in Promotional Materials. The BBCRA Project Manager shall provide any draft Promotional Materials with the City logo to the City Project Manager no less than five business days prior to the use of such Promotional Materials for approval; provided however that if the BBCRA Project Manager does not receive a response within five business days such Promotional Materials shall be deemed approved by the City. b. Promotional Efforts by the City. The City shall promote the Services using Promotional Materials provided by the BBCRA in the manner described in Exhibit D. 8, Notice and Contact. All notices and requests concerning this Agreement shall be delivered via email to the City Project Manager or the BBCRA Project Manager, as applicable, which 4859-3315-2162,v. 1 488 email delivery shall be deemed "written"or"in writing"for purposes of this Agreement. Notices concerning default or termination, or requests for modifications to this Agreement shall also be delivered by email and by writing sent by one of (1) United States mail, return receipt requested, (2) courier, evidenced by a delivery receipt, or (3) by overnight express delivery service, evidenced by a delivery receipt, which notice or request shall be addressed to the person designated by each party for receipt of legal notice. At present, the parties designate the following for receipt of legal notice: If to the BBCRA:Kathryn Rossmell Lewis, Longman &Walker, PA 360 S. Rosemary Avenue Suite 1100 West Palm Beach, FL 33401 krossmell(d lIw-law.com If to the City: Shawna Lamb City of Boynton Beach 100 E. Ocean Avenue Boynton Beach, FL 33435 lambsbbfl.us 9. Term. This Agreement shall become valid and commence upon execution by the last party to this Agreement ("Effective Date"). This Agreement shall be in effect from the Effective Date and unless earlier terminated pursuant to the terms of this Agreement, shall automatically terminate upon the termination of the Circuit Agreement, or 1 year from the Effective Date of this Agreement, whichever is earlier. 10. Public Records. The City and the CRA each shall maintain their own records and documents associated with this Agreement in accordance with the requirements set forth in Chapter 119, Florida Statutes. All such records shall be adequate to justify all charges, expenses, and costs incurred in accordance with generally accepted accounting principles. Each party shall have access to the other party's books, records and documents as required in this Agreement for the purpose of inspection or audit during normal business hours during the term of this Agreement and at least one year after the termination of the Agreement. 4859-3315-2162,v. 1 489 11. Filing. The City shall file this Agreement pursuant to the requirements of Section 163.01(11) of the Florida Statutes 12. Sovereign Immunity. Nothing in this Agreement shall be deemed to affect the rights, privileges, and sovereign immunities of the BBCRA or the City as set forth in Section 768.28, Florida Statutes. 13. Default. If either party defaults by failing to perform or observe any of the material terms and conditions of this Agreement for a period of 10 calendar days after receipt of written notice of such default from the other party, the party giving notice of default may terminate this Agreement through written notice to the other party. Failure of any party to exercise its right in the event of any default by the other party shall not constitute a waiver of such rights. No party shall be deemed to have waived any rights related to the other party's failure to perform unless such waiver is in writing and executed by both parties. Such waiver shall be limited to the terms specifically contained therein. This section shall be without prejudice to the rights of any party to seek a legal remedy for any breach of the other party as may be available to it in law or equity. Notwithstanding the foregoing, in the event of a default by the either party, the exclusive remedy for such default shall be monetary, limited to actual damages incurred, and shall not exceed the amount actually paid to Circuit pursuant to the Circuit Agreement. 14. Entire Agreement. This Agreement represents the entire and sole agreement and understanding between the parties concerning the subject matter expressed herein. No terms herein may be altered, except in writing and then only if signed by all the parties hereto. All prior and contemporaneous agreements, understandings, communications, conditions or representations, of any kind or nature, oral or written, concerning the subject matter expressed herein, are merged into this Agreement and the terms of this Agreement supersede all such other agreements. No extraneous information may be used to alter the terms of this Agreement. 15. Severability. The validity of any portion, article, paragraph, provision, clause, or any portion 4859-3315-2162,v. 1 490 thereof of this Agreement shall have no force and effect upon the validity of any other part of portion hereof. To that end, this Agreement is declared severable. 16. No Third Party Beneficiaries. No provision of this Agreement is intended to, or shall be construed to, create any third party beneficiary or to provide any rights to any person or entity not a party to this Agreement, including but not limited to any citizen or employees of the City or the BBCRA. 17. No Assignment. The Parties may not transfer or assign this Agreement in whole or in part, without prior written consent of the other,which may be granted or withheld at the other party's absolute discretion. 18. Governing Law; Venue. This Agreement shall be governed by and in accordance with the Laws of Florida. The venue for any action arising from this Agreement shall be in Palm Beach County, Florida. 19. Survival. The provisions of this Agreement regarding termination and records shall survive the expiration or termination of this Agreement and remain in full force and effect. 20. Time is of the Essence. The parties acknowledge that time is of the essence in the performance of the provisions in this Agreement. 21. Counterparts and Transmission. To facilitate execution, this Agreement may be executed in as many counterparts as may be convenient or required, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The executed signature page(s) from each original may be joined together and attached to one such original and it shall constitute one and the same instrument. In addition, said counterparts may be transmitted electronically(i.e., via facsimile or.pdf format document sent via electronic mail), which transmitted document shall be deemed an original document for all purposes hereunder. 22. Interpretation; Independent Advice. This Agreement shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been 4859-3315-2162,v. 1 491 prepared by counsel for one of the parties. The parties declare that the terms of this Agreement have been read and are fully understood. The parties understand that this is a binding legal document, and each party is advised to seek independent legal advice in connection with the matters referenced herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year written below. Boynton Beach Community Redevelopment Agency ATTEST: L By: i` t/ .x Print Name: S17/?V — Title: ,; Date:C. APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: CRA Attorne City of Boynton Beach, Florio . ATTES : By: ON•B£,q' int Nam:. /y P&2 ti. 5, p1E .••'s' Lt. 7oR 1115e0tS,\l Titl!t 3/zYoerOgatofri OC1'0,9,Y ei APPROV .'AS TO FORM A'`‘! LEGAL - ' FICIENCY: C , A ttorney 4859-3315-2162,v. 1 492 EXHIBIT A BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY AGREEMENT FOR ON-DEMAND TRANSPORTATION SERVICES This Agreement for On-Demand Transportation Services (hereinafter "Agreement") is made by and between CIRCUIT TRANSIT INC., ("Contractor") a Florida corporation organized and existing under the laws of the State of Florida having its principal office at 501 East Las Olas, Suite 300, Fort Lauderdale, FL 33301, including its Affiliates (collectively, the Contractor" or "Company") and BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (the"Client"or"CRA")a community redevelopment agency organized and existing under the laws of the State of Florida having its principal office 100 E. Ocean Avenue, 4th Floor, Boynton Beach, Florida 33435, (hereinafter the "CRA") (collectively the "Parties"). WHEREAS, the CRA is in need of on-demand transportation ("Services"); and WHEREAS,Circuit entered into an agreement with the City of Hollywood in response to Request to Proposal No. RFP-045-23-SK, effective July 1, 2023 to provide on-demand transportation services for a term of one (1) year, with the option to renew for three (3) one-year periods; and WHEREAS, the CRA desires to obtain the Services from Circuit on same the terms, conditions,and pricing provided under RFP-045-23-SK,subject to the terms and conditions of this Agreement and the City of Boynton Beach Procurement Policy; and WHEREAS, Circuit agrees to extend the terms, conditions, and pricing provided under RFP-045-23-SK to the CRA, subject to the terms and conditions of this Agreement; and WHEREAS,the Services are required for a proper municipal purpose and is in the interest of the public;and WHEREAS, the Services will further the Community Redevelopment Plan. NOW THEREFORE, in consideration of the mutual covenants and promises set forth herein, the sufficiency of which both Parties acknowledge, the Parties agree as follows: 1) Incorporation. The recitals above and all other information above are hereby incorporated herein as if fully set forth. 2) Description of the Services. Contractor will perform its obligations as described in Exhibit A: Scope of Services, which is hereby incorporated as if fully set forth herein. 3) Term. The Contractor shall perform the Services for six (6) months ("Initial Term"), with option to renew for 6 months ("Renewal Term"). Services shall start within thirty (30) days of the effective date of this Agreement or upon the CRA's execution of an interlocal agreement with the City of Boynton Beach for services, whichever is later. A copy of the executed Page 1 of 10 4875-9566-4284,v.2 493 interlocal agreement shall be provided to Circuit. The service start date may be extended by mutual agreement of the Parties. 4) Compensation. The CRA shall pay the Contractor an amount not to exceed Four Hundred Thousand dollars ($400,000.00) (hereinafter, "Compensation") for the performance of the Services for the Initial Term and Renewal Term of this agreement, which sum shall be paid in accordance with the Pricing Schedule attached as Exhibit B.The Compensation is all inclusive for the services provided and shall include the cost of the vehicles, vehicle wraps, including the art work installation and removal of the wraps, W-2 Drivers, management fees, driver training, insurance, vehicle maintenance, cell phones, hosting services for the mobile application and related usage fees, web fees, and basic marketing materials. Contractor shall be responsible for all costs related to the operation and maintaining the vehicles,including cost of installation of the vehicle charging equipment and the costs for electrical service required for vehicle charging.Notwithstanding the above, in the event that the CRA does not renew this Agreement after the Initial Term,the CRA shall reimburse Contractor the costs associated with modifying the existing electrical service to accommodate new charging equipment, upon receipt of proper invoice .The CRA shall not be responsible for the payment of any additional fees not otherwise stated herein, unless the parties enter into a written amendment to this Agreement which is approved by both parties. 5) Method of Payment of Compensation. Circuit shall submit a monthly detailed invoice to the CRA. Project Manager shall determine the format of the invoice and the information that must be provided. Payment of Compensation (or any part thereof)shall be made within 45 days of receipt of a proper invoice, in accordance with the Local Government Prompt Payment Act, Section 218.70, et al., Florida Statutes. Any amounts not timely paid by CRA shall bear interest from 30 days after the due date at the rate of 1 percent per month on the unpaid balance. All Payments shall be in the form of a CRA check made payable to the Contractor, or as indicated above.No Payment made under this Agreement shall be conclusive evidence of the performance of this Agreement by the Contractor, either wholly or in part, and no Payment shall be construed to be an acceptance of or to relieve the Contractor of liability for the faulty or incomplete rendition of the Services. 6) Propriety. Contractor understands that at all times during its performance of Services, Contractor, Contractor's employees and subcontractors shall conduct itself at all times with due regard to public conventions and morals, and shall refrain from making statements or presenting material that contains vulgar,obscene,profane,or otherwise objectionable language that,as determined in the sole discretion of the CRA, material and substantially interferes with the functions and reasonable business operations of the CRA. 7) Termination for Convenience. The CRA reserves the right to terminate this Agreement for any reason and without cause with sixty (60) days written notice during the Renewal Term only. In the event of termination,Contractor shall be entitled to payment for services rendered through the date of termination. 8) Termination for Cause; Default. The CRA reserves the right to terminate this Agreement, in part or in whole, in the event the Contractor fails to perform in accordance with the terms and conditions stated herein by providing written notice of such failure or default and by Page 2 of 10 4875-9566-4284,v.2 494 specifying a reasonable time period within which the Contractor must cure any such failure to perform or default. If the Contractor fails to cure the default within the time specified,the CRA may then terminate the Agreement by providing written notice to the Contractor. Notwithstanding anything to the contrary in this Agreement, if the CRA determinates that termination is necessary to protect public health, safety or welfare,the CRA may terminate the Agreement upon providing such written notice that the CRA deems appropriate under the circumstances, including immediate termination. In the event of immediate termination, the Contractor shall be entitled to payment for seven (7)days of services plus payment for services rendered under this Agreement through the date of the notice of immediate termination. 9) Termination for Bankruptcy. The CRA shall have the right to terminate this Agreement by providing written notice to the Contractor in the event: i) Contractor enters into receivership or is subject of a voluntary or involuntary bankruptcy proceeding; or ii) a substantial part of the Contractor's property becomes subject to nay levy, seizure, assignment, or sale for or by any creditor or government agency. 10) Waiver. The CRA shall not be responsible for any property or other damages or personal injury sustained by the Contractor from any cause whatsoever related to the Services whether such damage or injury occurs before, during, or after the actual performance of the Services. The Contractor hereby forever waives, discharges, and releases the CRA, its agents, and its employees, to the fullest extent the law allows, from any liability for any damage or injury sustained by the Contractor. 11) Indemnification. The Contractor shall indemnify, save, and hold harmless the CRA, its agents, and its employees from any liability, claim, demand, suit, loss, cost, expense or damage which may be asserted, claimed, or recovered against or from the CRA, its agents, or its employees, by reason of any property or other damages or personal injury, including 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 or the faulty equipment of the Contractor or the performance of this Agreement by Contractor or Contractor's employees,agents,partners,principals,or subcontractors. This paragraph shall not be construed to require Contractor to indemnify the CRA for negligence or intentional acts of the CRA, 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. 12) Limitation of liability. To the extent permitted by law, the CRA's liability for all matters that occur as a result of, arise out of, or are otherwise related to this Agreement, including negligent,grossly negligent,or willful misconduct or omission,shall be limited to the amount of Compensation, less amounts that have already been paid, or the direct out-of-pocket damages actually incurred, whichever is less. Neither Party shall not be liable to the other party for special,indirect, incidental or consequential damages. Each Party hereby disclaims such damages to the full extent such may be disclaimed, except in the case of fraud, gross negligence or willful misconduct of the responsible Party. Nothing in this Agreement shall be deemed to affect the rights, privileges, and sovereign immunities of the CRA , including those set forth in Section 768.28, Florida Statutes. Page 3 of 10 4875-9566-4284,v.2 495 13) No Transfer. The Contractor shall not subcontract, assign, or otherwise transfer this Agreement to any individual, group, agency, government, non-profit or profit corporation, or other entity without prior, written permission from the CRA. 14) Insurance. The Contractor shall obtain all insurance required by the CRA and provide proof thereof at least 10 days prior to the start of the Services, and include for the following insurance amounts: Commercial General Liability: 1,000,000 per occurrence/$2 million in the aggregate for bodily injury, personal injury and property damage Automobile Liability: 1,000,000 combined single limit for bodily injury and property damage, including hired owned and non-owned auto coverages Workers Compensation In the amounts required under Florida Statutes Cyber Liability: 1,000,000 coverage Umbrella/Excess Liability insurance 5,000,000 coverage The Insurance must remain in force for so long as is necessary to cover any occurrence relating to,resulting from, or arising out of the Services or this Agreement. Contractor shall not commence services under the terms of this agreement until a Certification of Insurance COI")has been received by the CRA. The CRA is to be included as"Additional Insured" with respect to liability arising out of services performed by the Contractor by or on behalf of the CRA or acts or omissions of the Contractor in connection with providing Services pursuant to this Agreement. The Certificate must include the following as additional insured parties: Boynton Beach Community Redevelopment Agency 100 E Ocean Avenue,4th Floor Boynton Beach,Florida 33435 The City of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33435 15) Tax Forms. The Contractor's individual members, including the Contractor's agents and employees, shall provide the CRA with completed W-9 forms in order receive Payment. The CRA shall provide the Contractor with an IRS Form 1099 where required under law. The Contractor further acknowledges that the CRA is neither paying Social Security benefits nor withholding taxes from the Contractor's compensation for the Services. The Contractor Page 4of10 4875-9566-4284,v.2 496 assumes all liability and responsibility for payment of the Contractor's (and the Contractor's individual members)own FICA and Social Security benefits and all taxes resulting from this Agreement. 16) Funding. This Agreement is expressly conditioned upon the availability of funds lawfully appropriated and available for the purposes set out herein as determined in the sole discretion of the CRA. In the event funds to finance this Agreement become unavailable,the CRA may terminate this Agreement upon no less than twenty-four(24)hours'notice to Contractor.The CRA shall be the sole and final authority as to the availability of funds. The CRA shall pay Contractor for goods received or services rendered prior to the date of termination. 17) No Discrimination. The Contractor shall not discriminate against any person on the basis of race, color, religion, ancestry, national origin, age, sex, marital status, familial status, gender identity,gender expression,sexual orientation or disability for any reason in its hiring or contracting practices associated with this Agreement. 18) Independent Contractor; No Partnership, Etc. The Contractor agrees nothing contained in this Agreement shall be deemed or construed as creating a partnership,joint venture, or employee relationship. It is specifically understood that the Contractor is an independent contractor(s) and that no employer/employee or principal/agent is or shall be created nor shall exist by reason of this Agreement or the performance of Services; and that Contractor is an independent contractor and not an employee of the CRA for all 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 will exercise its own judgment in matters of safety for itself, those affected by the Services, and attendees of the Event. 19) Promotional Materials. The Contractor agrees that the CRA may photograph and/or record video and audio of the Services, and that such photographs and recordings may be (i) used for the purposes of promotion of the CRA, or undertakings by the CRA; (ii)transmitted live or by recording on local television and radio channels; and (iii) used in materials intended for public display or distribution to the public, including but not limited to print advertisements, billboards, street and light pole banners, websites affiliated with the CRA, and social media affiliated with the CRA. The Contractor waives and assigns to the CRA all copyrights under the Copyright Act of 1976, 17 U.S.C. 101, et seq., and all other rights in recorded,photographed,or transmitted versions of the Services. The CRA shall attribute the Services to the Contractor. 20) No Infringement. The Contractor represents that in performing the Services under this Agreement, the Contractor will not infringe on the property right, copyright,patent right or any other right of anyone else; and if any suit is brought or a claim made by anyone that anything in conjunction with the ownership or the presentation of said Contractor or appearance as part of the Services is an infringement on the property right,copyright,patent right, or other rights, the Contractor will indemnify the CRA against any and all loss, Page 5of10 4875-9566-4284,v.2 497 damages, costs, attorney fees or other loss whatsoever. The Contractor shall not use the CRA's logos, or marks without the CRA's prior written approval. 21) Entire Agreement. This Agreement represents the entire and sole agreement and understanding between the Parties concerning the subject matter expressed herein. No terms herein may be altered,except in writing and then only if signed by all the parties hereto. All prior and contemporaneous agreements, understandings, communications, conditions or representations, of any kind or nature, oral or written, concerning the subject matter expressed herein,are merged into this Agreement and the terms of this Agreement supersede all such other agreements. No extraneous information may be used to alter the terms of this Agreement. 22) Counterparts and Transmission. To facilitate execution,this Agreement may be executed in as many counterparts as may be convenient or required, each of which shall be deemed an original,but all of which together shall constitute one and the same instrument. The executed signature page(s)from each original may be joined together and attached to one such original and it shall constitute one and the same instrument. In addition, said counterparts may be transmitted electronically (i.e., via facsimile or .pdf format document sent via electronic mail), which transmitted document shall be deemed an original document for all purposes hereunder. 23) Agreement Deemed to be Drafted Jointly. This Agreement shall be deemed to be drafted jointly and shall not be construed more or less favorably towards any of the parties by virtue of the fact that one party or its attorney drafted all or any part thereof. Any ambiguity found to exist shall be resolved by construing the terms of this Agreement fairly and reasonably in accordance with the purpose of this Agreement. 24) Governing Law, Jurisdiction, and Venue. The terms and provisions of this Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of Florida and the United States of America, without regard to conflict of law principles. Venue and jurisdiction shall be Palm Beach County, Florida, for all purposes, to which the parties expressly agree and submit. BY ENTERING INTO THIS CONTRACT, CONTRACTOR AND CRA HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS CONTRACT. CONTRACTOR SHALL NOT BRING ANY COURT ACTION AGAINST CRA EITHER IN EQUITY OR IN LAW,AND CONTRACTOR EXPRESSLY WAIVES ITS RIGHT TO INSTITUTE LITIGATION AGAINST CRA FOR ANY MATTER ARISING UNDER THE TERMS OF THIS CONTRACT,UNTIL AFTER THE PROJECT HAS BEEN COMPLETED AND ACCEPTED BY CRA. 25) Severability. If any part of this Agreement shall be declared unlawful or invalid, the remainder of the Agreement will continue to be binding upon the parties. To that end, this Agreement is declared severable. 26) Force Majeure. Neither party shall be deemed to be in breach of this Agreement if either party is prevented from performing any obligations required of it by reason of boycotts, shortages of materials, labor disputes, embargoes, acts of God, epidemic, pandemic, acts of Page 6 of 10 4875-9566-4284,v.2 498 public enemy, acts of superior governmental authority, floods, riots, foreign or civil wars, rebellion, terrorism, sabotage by third parties, or any other similar circumstances for which it is not reasonably responsible and which are not within its control. Each party take all reasonable steps to prevent, reduce, mitigate, and remedy the effects of the Force Majeure event as soon as possible if within its control. The CRA shall not be obligated to pay Contractor Compensation under this Agreement to the extent that a Force Majeure prevents or delays Contract from performing Services. 27) Voluntary Waiver of Provisions. The failure of either Party to enforce any of its rights hereunder or at law will not be deemed a waiver or a continuing waiver or any of its rights or remedies against the other Party, unless such failure or waiver is expressly set forth and acknowledged in writing. The CRA may, in its sole and absolute discretion, waive any requirement of the Contractor contained in this Agreement. The Contractor may waive any requirements of the CRA contained in this Agreement. 28) Contractor-owned records.Except as provided in Chapter 119,Florida Statutes,all records created and compiled by Contractor in completing the Services are owned by Contractor and include, but are not limited to, written reports, studies, drawings, blueprints, photographs, negatives of photographs, computer printouts, graphs, charts, plans, contract documents, specifications, all ridership data, information generated on the Contractor's proprietary mobile applications and all other similarly recorded data. 29) Public Records. The CRA is a public agency subject to Chapter 119,Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: a. Keep and maintain public records required by the CRA to perform the Services described in this Agreement. b. Upon request from the CRA's custodian of public records,provide the CRA with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes,or as otherwise provided by law. c. Ensure that public records that are exempt or confidential and exempt from public record requirements are not disclosed except as authorized by law for the duration of the Agreement term and following completion of the Agreement if the Contractor does not transfer the records to the CRA. d. Upon completion of the Agreement, transfer, at no cost, to the CRA all public records in possession of the Contractor or keep and maintain public records required by the CRA to perform the service. If the Contractor transfers all public records to the CRA upon completion of the Agreement,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 Agreement,the Contractor shall meet all applicable requirements for retaining public records.All records stored electronically must be Page 7 of 10 4875-9566-4284,v.2 499 provided to the CRA, upon request from the CRA's custodian of public records, in a format that is compatible with the information technology systems of the CRA. The Contractor also understands that CRA may disclose any document in connection with performance of the Services or this Agreement, so long as the document is not exempt or confidential and exempt from public records requirements. 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 AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (561) 737-3256; 100 E. Ocean Ave., 4th Floor, Boynton Beach, FL 33435; or TackT(acbbtl.us. 30) Agent. If this Agreement is signed by the Contractor's agent, the agent warrants that he/she is duly authorized to act on behalf of the Contractor, that he/she is authorized to enter into this Agreement, and that the agent and Contractor are jointly and severally liable for any breach of this Agreement. 31)Notice and Contact. The parties shall use the contact information below for coordinating delivery of the Services. Whenever either Party desires to give notice to the other, such notice must be in writing and sent by United States mail, return receipt requested,courier,evidenced by a delivery receipt,or by overnight express delivery service,evidenced by a delivery receipt, addressed to the Party for whom it is intended at the place last specified; and the place for giving of notice shall remain until it shall have been changed by written notice in compliance with the provisions of this paragraph. For the present, the Parties designate the following as the respective places for giving of notice: Contact Person for the Contractor Circuit Transit Inc. Jason Mirras 501 East Las Olas Suite 300 Fort Lauderdale, FL 33301 With a copy to: Circuit Transit Inc. P.O. Box 2173 Amagansett,NY 11930 Attention : James Mirras Contact Person for the CRA (hereinafter"Program Coordinator"): Name: Timothy Tack Address: 100 E. Ocean Avenue. 4th Floor, Boynton Beach, FL 33435 Page 8of10 4875-9566-4284,v.2 500 Email Address: TackT@bbfl.us. Telephone Number: (561)600-9091 With a copy to: Kathryn Rossmell, Esq. Lewis, Longman, & Walker P.A. 360 S. Rosemary Avenue, Suite 1100 West Palm Beach,FL 33401 32) Attorneys' Fees and Costs. Should it be necessary to bring an action to enforce any of the provisions of this Agreement, each party shall be responsible for its own attorneys' fees and costs. 33) Compliance with Laws. In the performance of the Services under this Agreement, the Contractor shall comply in all material respects with all applicable federal and state laws and regulations and all applicable Palm Beach County, City of Boynton Beach, and CRA ordinances and regulations, including applicable ethics and procurement requirements. 34) Effective Date and Termination. This Agreement will become effective at the date and time that the last party signs this Agreement ("Effective Date"). Unless earlier terminated pursuant to this Agreement, this Agreement will automatically terminate after the performance of the Services and final Payment by the CRA. Nothing in this paragraph shall be construed so as to affect the CRA's right to cancel or postpone the Services pursuant to this Agreement. 35) Modification. This Agreement will not be modified or amended except by the express written agreement of the Parties, signed by a duly authorized representative for each Party. Any other attempt to modify or amend this Agreement will be null and void and may not be relied upon by either Party. 36) Survival. The provisions of this Agreement regarding promotional rights, infringement, indemnity, waiver, limitation of liability, insurance, agents, and cancellation shall survive the expiration or termination of this Agreement and remain in full force and effect. 37) Electronic Signatures. The parties agree that the electronic signature of a party to this Agreement shall be as valid as an original signature of such party and shall be effective to bind such party to this Agreement. 38) Non-Scrutinized Company. Contractor hereby certifies that it is not on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes, and is not engaged in a boycott of Israel. If the CRA determines that this certification is falsified or contains false statements,or that Contractor is placed Scrutinized Companies that Boycott Israel List or engages in a boycott of Israel after the execution of the Agreement,the CRA may terminate the Agreement. 39) Agreement Non-Exclusive. Contractor shall be free to contract for similar services to be performed for other entities or persons while under contract with the CRA. The provision of Page 9 of 10 4875-9566-4284,v.2 501 services provided for herein is non-exclusive. The CRA in its sole and absolute discretion may retain additional entities or persons to perform the same or similar work. 40) E-Verify. Contractor warrants for itself and its subcontractors that Contractor and all subcontractors are in compliance with all federal immigration laws and regulations that relate to their employees. The Contractor agrees and acknowledges that the CRA is a public employer that is subject to the E-verify requirements as set forth in Section 448.095,Florida Statutes, and that the provisions of F.S. Sec. 448.095 apply to this Agreement. Notwithstanding any other provisions in this Agreement,if the CRA has a good faith belief that Contractor has knowingly hired, recruited or referred an alien who is not duly authorized to work by the immigration laws or the Attorney General of the United States for employment under this Agreement,the CRA shall terminate the Agreement. If the CRA that has a good faith belief that a subcontractor knowingly hired, recruited or referred an alien who is not duly authorized to work by the immigration laws or the Attorney General of the United States for employment under this Agreement, the CRA shall promptly notify Contractor and order Contractor to immediately terminate the contract with the subcontractor. Contractor shall be liable for any additional costs incurred by the CRA as a result of the termination of a contract based on Contractor's failure to comply with E-verify requirements referenced herein. 41) Conflict of Interest. Circuit represents that it has no interest and will not acquire any interest, direct or indirect, that would conflict with the performance of the services to be rendered under this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year written below. By Date: t/Z.• ft<2`( Au epresentative r Contractor Print Name: 1-3-Pc Le-1 Witness: Date: t/2 2`t Witness Name:t 4 ---- ‘4 C' 5 By: Date: / 9' 20 z'? Authorized esentative for CRA Print Name/ 79 i()0 & Witness: 17- Date: I INV ZoZq Witness Name: 70 N I E Ni I(AL.'1A El.; Page 10 of 10 4875-9566-4284,v.2 502 EXHIBIT A: SCOPE OF WORK Section 1: Summary of Services Circuit shall develop, implement and manage a Micro-Transit"On Demand"service(the"Service")within a geo-fenced coverage area described in Exhibit A-1. The Service will have the ability to be on demand and may include supplementary service for special events as specified in this Scope of Work.The Service will serve visitors,residents, and workers by providing a convenient,efficient mobility option to circulate primarily throughout the Boynton Beach CRA boundaries and provide transportation to Ocean Front Beach Park.The Service to the Beach shall be subject to CRA's execution of an interlocal agreement with the City of Boynton Beach for the provision of services to Ocean Front Beach Park. The Service shall: A. Operate a 6-month on-demand pilot test in two zones(Zone 1 and Zone 2)covering approximately 1.6 square miles of coverage area as illustrated in Exhibit C ("Service Area"). Zone 1 is located within the boundaries of the CRA. Zone 2 provides service to Ocean Front Beach Park, which is located outside the boundaries of the CRA. B. Supplement any part of the service with a fixed route for special events and if deemed necessary through data and public needs. C. Demonstrate the ability to scale up and down the fleet of vehicles and deploy them to various locations based on monthly,weekly,daily,and hourly fluctuations in demand in order to achieve a desired level of service. D. Operate vehicles that meet the Federal Motor Vehicle Safety Standards and Regulations. E. Provide a safe and pleasing passenger experience with capable,qualified and courteous drivers. F. Feature a mobile application downloadable from both the Apple Store and Google Play Store which will have the ability to charge a fee for service via a secured credit card payment system. G. Provide a dedicated phone line so that users can call and request assistance. H. Service will be operational within 30 days of the effective date of this Agreement or upon the CRA's execution of an interlocal agreement with the City of Boynton Beach for services, whichever is later. The date of operation may be extended by mutual agreement of the parties if necessary to accommodate installation of infrastructure as required by Section 4 this agreement. I. Service shall be periodically adjusted based upon needs identified during the term of the Agreement and the availability of funds. Section 2: Mobile Application Circuit shall provide a mobile application which provides for the following: A. Allows riders to request pick up and drop off locations within the Service Area. B. Allows the user to connect from Zone 1 and Zone 2. C. At no cost to the CRA,Circuit shall maintain updates to the application,which shall be compatible with smart phones and other mobile devices. D. Provides for the ability to charge a fee per rider and issue discounts via promo-codes. E. Provides users with approximate time until pick up. F. Allows users to rate drivers and provide feedback. G. Features a Google Maps based map (or equivalent) that identifies the boundaries of the Service Area. H. After a ride request has been accepted by a driver, depicts the real-time location of vehicles on a map of the Service Area. I. Ability to track party and usage data. 4853-3349-4940,v.6 503 Section 3: Marketing and Branding A. In coordination with the CRA,Circuit shall develop and implement a branding strategy,which shall incorporate the logo and name of the CRA and the City of Boynton Beach. Circuit shall not implement any branding strategy without prior written approval from the CRA.Any changes to the branding strategy must be approved in writing by the CRA prior to implementation. B. Circuit shall develop and implement a marketing program to promote awareness of the program. The CRA shall have the right to request changes to the marketing program. C. The CRA retains the right to review marketing materials prior to use and to request changes or withdrawal of any marketing materials. Section 4: Vehicles and Infrastructure Circuit shall procure, license, operate and maintain vehicles and related infrastructure including charging stations used in the service in accordance with applicable laws and regulations with the following requirements. A. Fleet Size. Unless the parties agree otherwise,Circuit will acquire and operate at its own expense no fewer than two(2)GEM vehicles(inclusive of one(1)ADA accessible GEM vehicle)and two 2)EV Sedans as part of this Service.The parties agree that the hourly rate for the EV Sedans will be the same as the GEM vehicles for the Initial Term and Renewal Term of the Agreement. Circuit shall maintain and operate vehicles to satisfy the minimum levels of service and ADA accessibility requirements. B. Specifications.All vehicles will: i. Comply with all applicable laws and regulations. ii. Be fully electric. iii. Meet all safety standards established by applicable law or regulation. iv. Feature luggage carrying capacity. C. Branding. The branding strategy will be applied to all vehicles as follows: i. At all times during operation of any vehicles pursuant to this Agreement,Circuit may apply, but is not limited to, branding to all wheels, hoods, front panels, coping, roof and rear fenders,unless otherwise prohibited by the CRA. ii. Circuit shall develop a default vehicle wrap to be used when no paying advertiser has been identified for any vehicle or vehicles for a period of 7 days or longer unless otherwise approved by the CRA. iii. Exterior and interior advertising will not interfere with the placement or visibility of any branding required by this Agreement, unless otherwise approved by the CRA. D. Licensing.Circuit shall obtain and maintain proper licensing and registration of all vehicles at all times. E. Parking and charging stations. The CRA shall provide four (4) parking spaces that will be reserved exclusively for Circuit's use, which Circuit may use for charging, parking, and storing the vehicles during times of non-operation. The location of the spaces will be as stated in the Interlocal agreement between the CRA and the City. Circuit shall be permitted to install Level 2 EV charging stations and signage at the three (3) of the reserved parking spaces. Circuit shall be solely responsible for the cost of signage,charging equipment, and electrical services required for charging vehicles. The CRA shall ensure that electrical service is available at the reserved spaces. Upon termination of the Agreement, Circuit shall restore the reserved parking spaces to their original condition. F. Maintenance and replacement. 4853-3349-4940,v.6 504 i. At Circuit's sole cost,Circuit shall maintain the interior and exterior of all vehicles in good working order,in accordance with all applicable laws and regulations. ii. Circuit shall ensure that all vehicles will be free of graffiti,vandalism,defacement and other damage to the satisfaction of the CRA. iii. Circuit shall replace any vehicle at its sole cost when the vehicle cannot be maintained in good working order, in accordance with applicable laws and regulations, or it is no longer able to be maintained in accordance with the requirements of this Agreement. iv. Circuit shall use its best efforts to restore or replace non-operational vehicles to operation within three (3) calendar days from the date of any incident requiring the vehicle to be removed from operation. Circuit shall provide verbal and written notice to the CRA of any delay in restoring or replacing a non-operational vehicle that extends beyond three (3) calendar days from the date of malfunction. If the CRA determines that any such delay is due to Circuit's lack of diligence,the CRA will have the right to pursue any remedy provided for in this Agreement, or at law or equity. Section 5: Staffing A. General. Circuit shall provide sufficient staffing to maintain levels of service required by this Agreement. All persons providing services pursuant to this Agreement will be employees, contractors or consultants hired by the Circuit.Circuit is solely responsible for all staffing decisions made pursuant to this Contract. B. Drivers.Circuit shall obtain complete background checks on all drivers,including driving records, criminal checks and employment references, conduct initial drug testing, and provide a training program for newly hired drivers. Circuit shall not hire any convicted felon or any person who has been convicted or pled guilty to driving under the influence of drugs or alcohol as a misdemeanor in any state. Circuit shall not hire a driver with more than three(3)infractions relating to driving a motorized vehicle within the previous 24 months. Circuit to review each driver's driving and criminal records at least annually. C. Circuit shall provide its employees with a living wage and tips. Section 6: Attaining and Maintaining Levels of Service(LOS) A. General. Circuit shall provide an LOS that meets customer demands at all times of Service operations. B. Service Level review. Circuit and the CRA shall meet at least quarterly to review LOS and determine if any adjustments are necessary.Any agreed upon adjustments will be made in writing. C. The CRA designates Timothy Tack as the Project Manager and will provide written notification to Circuit of any changes to the Project Manager. The Project Manager shall be Circuit's principal point of contact regarding any matters relating to this Agreement. The Project Manager shall provide all general direction to Circuit regarding performance and provide guidance regarding the CRA' s goals and policies. The Project Manager is authorized to waive or modify any material changes to this Scope of Work changes so long as the changes do not increase Compensation paid to Circuit. Except as provided herein,any modifications to the Scope of Services that increase the Compensation paid to Circuit must be agreed by the parties by written amendment to the Agreement. D. Circuit designates Jason Bagley as Circuit's Representative for this Agreement. Circuit will provide written notice to the CRA should there be a subsequent Representative change. Circuit's Representative has full right,power and authority to act for Circuit on all matters arising under or relating to this Agreement. E. Special events. CRA may request additional vehicles for special events. Such request shall be made at least thirty(30)days prior to the special event and may include a request the establishment 4853-3349-4940,v.6 505 of a fixed route for existing vehicles and/or a request additional vehicles, subject to availability. For additional vehicles provided for special events, CRA agrees to pay the regular service hourly rate per vehicle of$34.97 plus the actual cost to transport the vehicle(s)to the requested location, which will be agreed to by the parties in writing, prior to transportation. Section 7.Trip Sharing A. Drivers shall be permitted to transport more than one(1)party but no more than five(5)parties in GEM vehicles and four(4) parties in the E-Sedan under the following conditions: i.The vehicle must be equipped with individual seatbelts for the driver and each rider. ii. All passengers must use seatbelts at all times. iii. The total number of passengers, including the driver does not exceed the vehicle's legal capacity. Section 8: Operational Requirements A. Circuit and all its employees, officers, managers, staff, subcontractors and subconsultants shall comply with all applicable local, state and federal laws and regulations while performing work pursuant to this Agreement including but not limited to all laws and regulations regarding the safe operation of vehicles. B. Circuit shall prohibit drivers from texting or using smartphones, or other mobile device, eating, drinking, wearing headphones, and engaging in any activity that may cause the driver to become distracted while driving the vehicle. Parties acknowledge and agree that (i) drivers will only be permitted to wear Bluetooth enabled device or similar technology to provide service provided by this Contract in accordance with all laws governing such devices; and (ii) drivers may use smart phones mounted to the dashboard or windshield of the vehicles only in accordance with all laws governing such devices. C. Circuit must obtain all permits and approvals required in the ordinary course of business for the safe and legal operation of the Service, including without limitation,permits or approvals from the Florida Department of Highway Safety and Motor Vehicles, . Circuit is responsible for obtaining any permits and approvals required by the State of Florida for operation of the Service. D. Circuit to require all persons using the Service to comply with applicable local, state and federal laws and regulations relating to the use of seatbelts and alcohol consumption in vehicles. E. Circuit and its drivers are permitted to refuse service when, in the driver's opinion, a passenger poses a threat to himself or herself, other passengers, the driver, the vehicle or other vehicles or persons. F. Circuit is permitted to establish reasonable restrictions on the provision of services to non-service animals. G. All Circuit drivers shall wear proper identification and a uniform. H. The CRA reserves the right to request immediate dismissal of any Circuit employees who fail to comply with the requirements of this Agreement. Relief personnel should be readily available during the term of this Agreement. Section 9: Operating Hours Each vehicle shall be available for an anticipated sixty(60)hours each week("Vehicle Hours") . The cost per vehicle shall be based on the rates described in the Pricing Schedule attached as Exhibit B.The Vehicle Hours shall occur within the following schedule: 4853-3349-4940,v.6 506 Day Start time End time Mon 10:00 am 8:00 pm Tues 10:00 am 8:00 pm Weds 10:00 am 8:00 pm Thurs 10:00 am 8:00 pm Fri 10:00 am 10:00 pm Sat 10:00 am 10:00 pm Sun 10:00 am 8:00 pm CRA Project Manager shall have the discretion to reduce or increase the number of Vehicle Hours and/or determine the hours of operation based on level of demand as determined by monthly data collection and consideration of holidays or other special events so long as the total Vehicle Hours for each month does not exceed the CRA's annual budget for the Service. Section 10: Levels of Service Reporting A. Circuit shall provide the CRA with monthly reports describing the level of service for each zone. Upon request,Circuit will provide the CRA with weekly level of service reports for each zone. B. Monthly data reports shall include: i. Number of parties on a daily,weekly and monthly basis ii. Number of paying customers iii. Gross/Net revenue collected for fare revenue credits which distinguishes between fare revenue collected for Zone 1 trips and fare revenue collected for Zone 2 trips. iv. Number of vehicles not in operation on a daily,weekly and monthly basis v. Average wait time from request through the mobile app until arrival by assigned driver on a daily,weekly and monthly basis. vi. Average trip duration on a daily,weekly and monthly basis. vii. Pick-up and drop off location for each trip. viii. Average number of passengers per party per trip. ix. Average number of parties per trip. x. Number of passenger complaints received and resolution of the complaints on a daily, weekly and monthly basis. C. Circuit shall present a report to the CRA Board on a quarterly basis summarizing the data provided in the monthly reports,the collected fare revenue, and the advertising revenue generated. D. In the event Circuit does not provide a required report(s), the CRA reserves the right to withhold payment until the required report is received. To the extent that the CRA requires additional information related to the above reporting requirement,Circuit shall provide the information to the CRA. Section 11: Advertisement Sales Circuit shall sell space on the exterior or interior of the vehicles for the display of commercial advertising. Net Advertising Revenue, defined below, that is generated by Circuit in connection with the sales of commercial advertising shall be divided equally between Circuit and the CRA. Net Advertising Revenue means the gross advertising revenue received less all costs and expenses, including, but not limited to 4853-3349-4940,v.6 507 advertisement design,production costs, installation and removal costs and customary commissions paid to media sales representatives, incurred by Circuit in connection with providing the advertisement sales. Circuit shall provide an accounting of all advertising revenue with its Level of Service monthly report as required in Section 9, which shall include the gross revenue, costs and expenses Circuit shall provide to CRA a breakdown of the Net Advertising Revenue each month,which shall include the gross revenue plus costs and expenses incurred in connection with providing advertising sales Section 12. Advertising Guidelines A. In its agreements with its advertising contractors, Circuit shall reserve the right to reject any advertisement,commercial or noncommercial. B. Circuit shall determine the methods, details, and means for performing the Advertising Sales Services, subject to the CRA's consent which shall not be unreasonably withheld. C. All advertising and promotional materials, including, without limitation, any vehicle "wraps" collectively "Advertising")must conform to the following criteria: i. Defamatory Advertisinu. No Advertising will be permitted that falsely disparages any person, product, or company, or that is likely to damage the reputation of any person, product,or company. ii. Advertising Condoning Criminal Conduct.No Advertising will be permitted that is likely to incite or produce imminent unlawful activity. iii. Obscene Advertising. No Advertising shall display any statement, word, character, or illustration of an indecent or obscene nature, as defined by F.S. Chapter 847, as may be amended from time to time. iv. False Advertising.No Advertising shall displace false or misleading information,intended to mislead the public as to anything sold, any services to be performed or information disseminated. v. Tobacco. Firearms. and Cannabis. No Advertising shall display any statement that promotes the sale of tobacco or tobacco products, electronic cigarettes, firearms, or medical marijuana treatment centers or delivery devices in accordance with Florida law. vi. Existing Laws. All Advertising must conform to all applicable federal, state, and local statutes,laws,ordinances,rules and regulations. D. The CRA shall request removal of any advertising, commercial or noncommercial, that does not conform to this policy. Such demand will be in writing and will state reasonable grounds for the request. Circuit will consider and act promptly upon the request in accordance with this policy. Section 13: Ridership Fares A. Circuit shall collect ridership fares for the services,as follows: 4853-3349-4940,v.6 508 i.For rides that begin and terminate within Zone 1: $1.00 for each rider. ii. For rides that begin or terminate in Zone 2:$2:00 for each rider. If the rider is part of a group,$2.00 for the initial rider and$1.00 for each additional rider within the group. B. Circuit shall credit the CRA's monthly invoice for each Zone with 100%of the Net Fare Revenue, defined below,that is generated and collected from ridership fares. C. Net Fare Revenue means all gross ridership revenue that is collected from the passengers for the services less revenue collection costs and expenses, including but not limited to sales taxes or other taxes imposed by law,credit card processing fees and other billing related charging by third parties imposing similar processing charges. Circuit will be responsible for documenting all costs and expenses and related charges associated with the Net Fare Revenue calculations. 4853-3349-4940,v.6 509 Exhibit A-1 Service Area The Circuit Service Area for City of Boynton Beach CRA that is active in the Ride Circuit app and on the Circuit website is as follows: ii. /7 f i KM oi 1 Oceari;Front B •ch Park, IF i Two_Georges ,ieoa _w_ WaterfrontlGrifle EOce: 6 11 i 71 w t i c J CD ALCD 0) a 1/ i. tQ \\.„ f, , s, 1, - I,/ ke) co il,, i Jm Briny Breezes SE 2 a Zone 1: Area shaded blue Zone 2: Area shaded green 4854-7888-5014,v.2 510 Exhibit B: Pricing Schedule u Vh33 S 0ow.rtownl57d53I MAh.a7(t41.h 1on6- 36464, 14cM1,1 44.r66 I 615.165 64..03 Ms,M5 M.M06 13s*7 Month Mo.• Moab 20 35421I 04.Mu 51..0 Mr Mel 6C M 50 0 M 00 1 M M 1•.26 M M0I/, 361 161 161 261 555 111 241 261 161 261 261 266 03/7 I 0560030. 11 1 1 i 1 1 1 0170.0 0 0 Mf.M 1 5 2 1 1 1 13 1 3 311412•6125e110b Now 241.0 261.0 MIA 1610 241-0 261.0 7610 261.0 111.0 161.0 2430 251A 0105.335959701115.n1.13)97(5753090 2430 MMA 2620 162.0 1610 2610 2610 061.0 1610 2610 241.0 26131 1V Van!wow Noun 00 0.0 D.0 0A DA 00 OA 012 OA 00 00 DO 362.5.7.110515 5220 111 t 5110 522.5 5110 5210 5220 521-0 5221 5210 5110 5110 0/OM3nr3.x3w 1 Sari 0 Mn 5 3617 $ 3637 $ 1631 $ RV 3 34,37 S 50.57 $ 043, $ 15.77 0 737 S Stn 0023nn4226000n..e 1051 I 5457 $ 14.17 1 54.57 $ 36.77 4 35.17 $ 1177 $ 0437 3 54.41 5 SW $ 5447 $ 5537 $ 1550 3/1Vwn0Mv11s. 1 - AO 3 . 35 1 AD $ - ID $ - 30 $ ' 3O $ - AD 3 - Al 3 • 35 5 ' .35 3 - 30 5 - 40 5/50MYr.71. 0 )1.17 1 3437 $ 3637 S XVI 3 36.10 $ 3157 $ 731 $ 1430 $ 15.30 $ 3537 3 3637 $ 4537 bol ow 5 MO 3 5633 I 55503 1 400 1 3.w / $155 5 11126 $ 11501 1 5463 1 35353 $ 34.400 $ 55535 M•.., ./Meth 5 LOW 3 2600 1 1000 0 1000 5 1.600 S 0.000 $ 2W 1 L000 S 1000 3 LOW 0 6.03 $ 1.000 I0,.•t.d7.05.w0.Nona 1 0132 5 3132 1 1531 2 5117 0 5177 S 4312 0 4.320 1 1131 t 5162 1 1232 5 6132 2 5 232 Mlo.s.. S 5.330 $ 400 $ 4172 5 1.515 $ 1.550 1 4131 1 3.500 0 4132 3 4232 $ 4232 S 4172 $ 4.135 6MM•37.71135CRA$1 $ Wn $ 11377 5 9090 $ 0.677 1 W77 $ lain $ Wn $ 37.177 5 12177 5 11.10 6 nags $ WTI 3001 v_M,•e__- _. 5.12626 .__.__• lo.n005..5a. wob.4 600030050.04.. -WY.c347 0095.3 01.111,05 *335.0.1 ' bmeN ,My 05.0.4. p~5 meek :Now D10.0.05 P.0.45 .WY el c0eI$7 40.45 15561 4040 1606 4045 04423 KM µy 4$$ .S55A7 4050.__.- 3m 307 _ 10631 5145 15100 3345 540.11 14040 3637 111.40 5333 WO WT 1 -L6F4.31.37 124$ f13f. - -_.._k58. 6•423 131.23 4-10 3.140 667 57.11 7170 YN476•75 15.31 71.73 534047040___7040 _-. 11040110301 7540 365.71 74-10 11330 las ___._... ,,. _. __10031 21-.5 S.123 si.as 135.11 x540 111.Mi 5040 4040 ULU 3.tri 32S.O3l 13045 SMM 245 Om 3aa 1 1 1113 M-16157 771i. 4-r 511 EXHIBIT B z n 5 c O m44 04 n iijIh&tDrNE14thAve tore Dr R„,.r,l 6Dr Nv Ra 0 NE13thAve z SRd 0 NL'!12th Ave fo Z N'WY11thAve y NES1thAve c, Rader Rd It r Martn Luther Jr 6hrd 0 NS'!9th.Ave NE 9th Ave NE 9th Ave m r L- z a INCA'8th AveImam J v NE 8th Ave 4 nM 7 2 NE 7th Ave 6tf AveN NE 6th Ave J ZONE 2 (CITY) a 0 n IZONEI (CRA) I c a CD sift iiir.,m .. Nth'1st Ave Coconut Ln 111 Y ^^ E Ocean Ave Ocean Ridge 6. ;.' 2SW is:Ave SE1stAve `- n' 4” 9i Hudson Ayr Q I...-I 0. SW 2nd Ave .,.L.ti..•r• Q Si N s .,SW 4th Ave N 1 dill 11111114tiSW5thAve r.) o, 5th Ave gerSW5thLnw o(.-., SN16th Ave m Pr m is 4SW7thAvep0 C.'1,SW 8th Avc a m ma ilirliit.) E Harbour Dr,ySN'9th Avc a 41 IlirSW10thAveHarbourDr5 l io 'SW 11th Ave stitia Ln 12th Ave JD SW 12th Ave ra yera Dr v O o o' z':" av N ' 0 c raLWoolDright Rd E ••olbrrght Rd o Main 81.d ifit cn F.,South Blvd a Hersey Dr v. N High Point". = c High Point Blvd SE 20thCt m Z- Mg. ..MIPAIL Iv it M c Fa:m Dr Briny Breezes w SW 23rd Ave y Eagle Dr Iw+r 11 111111 512 EXHIBIT C E Boynton Beach Blvd 1 1•H9- F H I A R1-1i o III 1 All° STOP SIGN STOP SIGN STOP SIGN 24' 0 I 0 / I 0 / ESTOP SIGN Im ® To ® ® TAS 24'-I-20'-20'-I--24'-f-20'-20'-+-24'-4-20' 20.-4-24.--1--20.-1 I I J J L l L__ Isss9' TI —1— 1 1 I 4 Circuit I Z Designated EVm Parking Spaces — I i m ur II I T T T e-` T I . 25' 25' 25' 25' A R1-1 I 1 W/ /,/ W 7 R1-1 T 4-25' -i If 0 R1-1 Q R1-1 0 R1-1 0 STOP SIGN I STOP SIGN STOP SIGN STOP SIGN Q 24 NE 1st Ave Q AlI s. L..I © R1-1_••_••_••_••_••_•._••_.•_•• 7 1 1 STOP SIGN/ I II-20'-4-24'-1-20'—20'-4-24'-+20'-1 I I I I I I 9' 9' 9' i -r-1 r- I 0 24' Q 21iLt'b 513 EXHIBIT D The City shall promote the Services using Promotional Materials provided by the BBCRA, at no cost to the BBCRA, as follows: 1. Within one month of the Effective Date, the City shall: a. Send an email to every member of City staff concerning the availability of the Services; b. Make an announcement concerning the availability of the Services at a City Commission meeting; c. Share Promotional Materials on the City website, which shall remain on the City website for the term of the Agreement; d. Display Promotional Materials on the televisions at City Hall, which shall be displayed at least daily for the term of the Agreement as part of the City's regular rotation of content on such televisions; e. Display Promotional Materials displayed on digital marquees controlled by the City at least once daily for the term of the Agreement; and f. Display Promotional Materials on the digital kiosk(s) at City Hall, which shall be displayed at least daily for the term of the Agreement as part of the City's regular rotation of content on such kiosks. 2. Within three months Effective Date, the City shall: a. Share Promotional Materials at least once in all City newsletters (Sailfish Speaks, Economic Development, Recreation, and Library) and once in Funfare Magazine. In the event the City is not able to waive fees for including these Promotional Materials, the City may seek and is entitled to reimbursement from the BBCRA for the actual costs of including such Promotional Materials so long as the City receives the prior, written permission of the BBCRA to incur such costs; and b. Work with the BBCRA to create and include an insert in the City's utility invoices concerning the availability of the Services. 3. The City shall allow the BBCRA to: a. Install one 4x8 sign at City Hall and Oceanfront Park to market the Services; and b. Provide and display posters or postcards marketing the Services within City facilities, including City Hall, Cultural Center, Senior Center, Hester Center, and the Carolyn Sims Center concerning the Services. 4859-3315-2162,v. 1 514 515 516 1 4921-1817-2430, v. 3 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY AMENDMENT NO. 1 TO THE AGREEMENT FOR ON-DEMAND TRANSPORTATION SERVICE THIS AMENDMENT NO. 1 to the AGREEMENT FOR ON-DEMAND TRANSPORTATION SERVICE by and between the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY ("CRA") and CIRCUIT TRANSIT, INC. ("Contractor"), dated January 29, 2024, is entered into this ____ day of ________________, 2025. WITNESSETH: WHEREAS, the CRA entered into the Agreement for On-Demand Transportation with Contractor for on-demand transportation services (“Agreement”), attached hereto as Attachment 1; and WHEREAS, the Agreement piggybacks off the Professional Services Contract for Operation of Citywide Micro-Transit Services between the City of Hollywood and Contractor, dated July 7, 2023, and awarded under Request to Proposal No. RFP-045-23-SK; and WHEREAS, the parties desire to extend the Agreement for one additional year, with options to further renew; and WHEREAS, the CRA has determined that extending the Agreement is in the best interest of the CRA. NOW, THEREFORE, for and in good and valuable consideration, the parties agree that the Agreement is amended as follows: 1.The above recitals are true and correct and are incorporated herein. 2.Section 3 “Term” is revised as follows: 3)Term. The Contractor shall perform the Services for six (6) months (“Initial Term”), with option to renew for 6 months (“Renewal Term”). Thereafter, the term of the Agreement shall be extended for one (1) year, with two (2) options to extend for one year. The CRA Board Chair is hereby authorized to exercise the extension option(s) on behalf of the CRA. Such extension shall be effective upon the issuance of written notice by the CRA Board Chair to the Contractor. Services shall start within thirty (30) days of the effective date of this Agreement or upon the CRA’s execution of an interlocal agreement with the City of Boynton Beach for services, whichever is later. A copy of the executed interlocal agreement shall be provided to Circuit. The service start date may be extended by mutual agreement of the Parties. 3.The following Sections 42 and 43 are hereby added to the Agreement: 42)The parties hereby agree that the terms and conditions set forth in the Professional Services Contract for Operation of Citywide Micro-Transit Services between the City of Hollywood and Contractor, dated July 7, 2023, as set forth in Exhibit C (“Piggybacked 517 2 4921-1817-2430, v. 3 Agreement”) are incorporated by reference as though fully set forth herein, except in the event of a direct conflict between the terms of this Agreement and the Piggybacked Agreement. In the event of any such conflict, the terms of this Agreement shall prevail over the conflicting terms of Piggybacked Agreement. 43) Prior to the execution of this Agreement, or any renewal and/or extension thereto, the Contractor shall attest under penalty of perjury, that it does not use coercion for labor or services as defined in Section 787.06(2), Florida Statutes. Attestations shall be documented using an Anti-Human Trafficking Affidavit as provided by the CRA. 4.Except as provided herein, all other terms and conditions of the Agreement remain in full force and effect and are hereby ratified and confirmed. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to be signed and executed, on the day and year first written above. BOYNTON BEACH COMMUNITY REDEVELOPMENT DISTRICT By: Name: Title: CRA Board Chair Date: CIRCUIT TRANSIT, INC. By: Name: Title: Date: Approved as to Form and Legal Sufficiency By: Name: ________________________________ 518 ATTACHMENT 1 AGREEMENT FOR ON-DEMAND TRANSPORTATION SERVICE by and between the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY and CIRCUIT TRANSIT, INC. 519 520 521 522 523 524 525 526 527 528 529 530 531 532 533 534 535 536 537 538 City-Wide Micro-Transit Services 1 of 18 PROFESSIONAL SERVICES CONTRACT FOR OPERATION OF CITYWIDE MICRO-TRANSIT SERVICES THIS CONTRACT is being entered into this 1st day of July, 2023 (the “Effective Date”) by and between the City Of Hollywood (hereinafter the “City”), a municipal corporation of the State of Florida and Circuit Transit Inc. (hereinafter the “Company”), a corporation organized and existing under the laws of the State of Florida, having its principal office at 501 East Las Olas, Suite 300, Fort Lauderdale, Florida SECTION A – Contract Overview A-1 Summary of Contract (a)The subject matter of this Contract is to provide the vehicles, operate and manage a micro-transit service in the Service Area as defined in and Exhibits “A” (Scope of Work) and Exhibit “B” - RFP-045-23-SK- CITYWIDE MICRO-TRANSIT SERVICES, Exhibit “D” (Service Areas”), and Exhibit E, which sets forth the terms and conditions for the performance of services described herein, and the execution hereof by the parties hereto forms a legally binding contract. In the event of a conflict, the City’s RFP Documents shall prevail unless otherwise stated in this Contract. (b)The Contract type is: This is a Non-Exclusive Contract. (c)The following documents are hereby incorporated into this Contract: (i)Exhibit “A” – Statement of Work (ii)Exhibit “B” - RFP-045-23-SK - Citywide Micro-Transit Services (iii)Exhibit “C” - Company’s Proposal (iv)Exhibit “D” - Service Areas (v)Exhibit "E" - Pricing A-2 Contract Amount The Contract Amount shall not exceed $1,128,942.00 USD for the performance period. A-3 Performance Period (a)The performance period commences from Effective Date and continues for a period of 12 months. This Agreement may be renewed by the parties for three one-year periods upon mutual agreement of the parties and said renewal shall be in writing in accordance with Section D-13 of this Contract. SECTION B – Statement of Work B-1 Statement of Work (a)Services will be provided in accordance with the Statement of Work set forth in Exhibits “A” “B”, “C”, ”D” and “E”, SECTION C – Special Conditions C-1 Project Manager/Company Representative (a)The City designates Mark L. Johnson as the Project Manager for this Contract, who may be contacted at: mjohnson@hollywoodfl.org or (954) 921-3991 The City will provide written notice to the Company should there be a subsequent Project Manager change. The Project Manager will be the Company’s principal point of contact at the City regarding any matters relating to this Contract, will provide all general direction to the Company regarding Contract performance, and will provide guidance regarding the City’s goals and policies. The Project Manager is not authorized to waive or modify any material scope of work changes or terms of the Contract. (b)The Company designates Jason Bagley as the Company Representative for this Contract, who may be contacted at jason@ridecircuit.com The Company will provide written notice to the City should there be a subsequent Company EXHIBIT C: Piggybacked Agreement 539 City-Wide Micro-Transit Services 2 of 18 Representative change. The City has the right to assume that the Company Representative has full authority to act for the Company on all matters arising under or relating to this Contract. C-2 Pricing and Payment (a) Payment. Payment to the Company will be made only for the actual Services performed and accepted by the City, upon receipt of an invoice submitted in accordance with Section C-4, “Invoices”. (b) The City will pay the Company in accordance with the pricing set forth in Exhibit “E” – Pricing to this Contract. (a) Reimbursable Travel Expenses. There are no reimbursable travel expenses payable under this Contract. C-3 Pricing Revisions Costing adjustments shall be governed by Exhibit “B”, Section 1.70 and as set forth below: (a) For the term of this Contract, pricing may be revised for the reason(s) set forth below: ● Change in minimum wage ● Approved decision to add additional cars ● Approved decision to adjust the number of service hours ● Approved decision to add, adjust or modify additional services that increases costs for the Company (b) Each pricing revision permitted herein must be approved in writing by the Project Manager and, if approved, shall become effective thirty (30) days after notice of the change has been received by the City, or on such earlier or later date as may be agreed upon by the parties. However, any pricing changes will be governed by the City’s Purchasing Ordinance and dependent upon the revisions, City Commission approval may be required. (c) Any pricing revision permitted pursuant to this section may be delayed or denied if the Company fails to submit a timely request or fails to provide adequate documentation in support thereof. (d) Any approved pricing revision is not retroactive, and any invoice pending on the date of approval of the pricing revision shall be paid on the basis of the pricing in effect on the date services were provided. C-4 Invoices (a) The Company will submit a monthly detailed invoice to the City, in a format to be defined by the Project Manager as negotiated with Company. Each invoice shall contain the following information: (i) the date of the invoice and invoice number; (ii) the purchase order number; (iii) the Contract Item(s) according to Exhibit E – Pricing against which charges are made; and, (iv) performance dates covered by the invoice. (v) service credits offered from advertising dollars received by Company (vi) Net revenue credits received by the Company Upon reconciliation of all errors, corrections, credits, and disputes, payment to the Company will be made in full within 30 calendar days. Invoices received without a valid purchase order number will be returned unpaid. The Company shall submit the original invoice to: accountspayable@hollywoodfl.org or mail them to: City of Hollywood Accounts Payable, Room 119 P.O. Box 2229045 Hollywood, FL 33022-9045 (b) The Company shall forward a copy of the invoice to the Project Manager, with the following items: 540 City-Wide Micro-Transit Services 3 of 18 (i) receipts for any Reimbursable Travel Expenses, if applicable, associated with the invoice; and (ii) copy of the applicable Deliverable associated with the invoice C-5 Insurance (a) The Company shall procure and maintain, at its own expense, during the entire term of the Contract, the insurance coverages as identified in Exhibit “B”, Section 3.17: (b) The insurance policy shall not contain any exceptions that would exclude coverage for risks that can be directly or reasonably related to the scope of goods or services in this contract. A violation of this requirement at any time during the term, or any extension thereof shall be grounds for the immediate termination of any contract entered in to pursuant to this contract. The City must be provided a signed statement from insurance agency of record that the full policy contains no such exception. Submit certificates of insurance to: City of Hollywood Department of Development Services P.O. Box 2229045 Hollywood, FL 33022-9045 A certified, true and exact copy of each of the project specific insurance policies (including renewal policies) required under this Section C-5 shall be provided to the City if so requested. (c) The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer and licensed by the State of Florida and the company or companies must maintain a minimum rating of A-VII, as assigned by the A.M. Best Company. (d) If the Company fails to carry the required insurance, the City may (i) order the Company to stop further performance hereunder, declare the Company in breach, pursuant to Section C-6, terminate the Contract if the breach is not remedied and, if permitted, assess liquidated damages, or (ii) purchase replacement insurance and withhold the costs or premium payments made from the payments due to the Company or charge the replacement insurance costs back to the Company. (e) Any subcontractor or sub consultant approved by the City shall be required to procure, maintain and submit proof of insurance to the City of the same insurance requirements as specified above, and as required in this paragraph. (f) The Company is encouraged to purchase any additional insurance it deems necessary. (g) The Company is required to make its best efforts to remedy all injuries to persons and damage or loss to any property of the City caused in whole or in part by the Company, its subcontractors or anyone employed, directed or supervised by the Company. C-6 Warranty – Services The Company warrants that the services shall be performed in full conformity with this Contract and Exhibits “A” and “B”, with the professional skill and care that would be exercised by those who perform similar services in the commercial marketplace, and in accordance with accepted industry practice. In the event of a breach of this warranty, or in the event of non-performance or failure of the Company to perform the services in accordance with this Contract, the Company shall, at no cost to the City, re-perform or perform the services so that the services conform to the warranty. However, if Company fails to perform, City may terminate this Agreement with or without cause consistent with Exhibit “A”. 541 City-Wide Micro-Transit Services 4 of 18 SECTION D – General Conditions D-1 Legal Notice (a) All legal notices required pursuant to the terms and conditions of this Contract shall be in writing unless an emergency situation dictates otherwise. Any notice required to be given under the terms of this Contract shall be deemed to have been given when (i) received by the party to whom it is directed by hand delivery or personal service, (ii) transmitted by facsimile with confirmation of transmission, (iii) transmitted by email with confirmation of receipt by addressee, or (iv) sent by U.S. mail via certified mail-return receipt requested at the following addresses: FOR THE CITY: Project Manager City of Hollywood 2600 Hollywood Blvd., Rm. 308 Hollywood, FL 33020 WITH A COPY TO: City Attorney City of Hollywood 2600 Hollywood Blvd., Rm. 407 Hollywood, FL 33020 FOR THE COMPANY: James Mirras Circuit Transit Inc. 501 East Las Olas Suite 300 Fort Lauderdale, FL 33301 (b) The parties shall provide written notification of any change in the information stated above. (c) An original signed copy, via U. S. Mail, shall follow facsimile transmissions. (d) For purposes of this Contract, legal notice shall be required for all matters involving potential termination actions, litigation, indemnification, and unresolved disputes. This does not preclude legal notice for any other actions having a material impact on the Contract. (e) Routine correspondence should be directed to the Project Manager or the Company Representative, as appropriate. D-2 Notice of Delay (a) If timely performance by the Company is jeopardized by the non-availability of City provided personnel, data, or equipment, the Company shall notify the City immediately in writing of the facts and circumstances causing such delay. Upon receipt of this notification, the City will advise the Company in writing of the action which will be taken to remedy the situation. (b) The Company shall advise the City in writing of an impending failure to meet established milestones or delivery dates based on the Company’s failure to perform. Notice shall be provided as soon as the Company is aware of the situation; however, such notice shall not relieve the Company from any existing obligations regarding performance or delivery. D-3 Termination for Convenience The City shall have the right at any time to terminate further performance of this Contract, in whole or in part, for any reason whatsoever (including no reason) within 120-days notice and as more specifically set forth in Exhibit “B”. Such termination shall be effected by written notice from the City to the Company specifying the extent and effective date of the termination. On the effective date of the termination, the Company shall terminate all work and take all reasonable actions to mitigate expenses. The Company shall submit a written request for incurred costs for services performed through the date of termination and shall provide any substantiating documentation requested by the City. In the event of such termination, the 542 City-Wide Micro-Transit Services 5 of 18 City agrees to pay the Company within thirty (30) days after receipt of a correct, adequately documented written request. The City’s sole liability under this Section is for payment of costs for services requested by the City and actually performed by the Company. D-4 Event of Default (a) If, during the term of this Contract, the Company (i) fails to deliver services that comply with the specifications, (ii) fails to deliver the services within the time specified in in this Contract including Exhibit “A” (iii) fails to make progress so as to endanger the performance of this Contract, (iv) becomes insolvent, bankrupt or makes an assignment for the benefit of creditors, or if a receiver or trustee in bankruptcy is appointed for the Company, or if any proceeding in bankruptcy, receivership, or liquidation is instituted against the Company and is not dismissed within 30 days following commencement thereof, or (v) fails to perform any of the other obligation or requirement of this Contract, then any of the aforementioned failures shall constitute an “Event of Default” under this Contract. Events of Default shall also include those items set forth in Exhibit “B” specifically Section 1.63. (b) If there occurs an Event of Default, the Company shall be entitled to 10 calendar days from written notice thereof to remedy the Event of Default, provided, however, such is capable of being remedied within that period. If the Event of Default can be remedied, but the remedy cannot be completed within the ten-day period, the Company may be allowed such additional time as may be reasonably necessary to remedy the Event of Default, provided, however, the remedy is commenced within the 10 day period and is diligently pursued to completion. If the Event of Default is incapable of remediation, or is not remedied as required herein, the City may, in addition to any other remedies available in law or equity, invoke any of the remedies provided for under Section D-5, “Termination for Default”, below and as set forth in Exhibit “B” Section 1.64. D-5 Termination for Default (a) If the Event of Default is not remedied as required pursuant to Section D-4, “Event of Default”, the City may, by written notice to the Company pursuant to Section D-1, “Legal Notice”, terminate this Contract in whole or in part. (b) If this Contract is terminated in whole or in part because the Company has failed to provide services in compliance with the specifications by the deadline of remediation period, the City may acquire, under reasonable terms and in a manner it considers appropriate, replacement goods that are comparable to the services that the Company failed to deliver to the City, and the Company shall be liable to the City for any excess costs related thereto. If the City terminates this Contract only in part, the Company shall continue to perform the un-terminated obligations or portions of this Contract. (c) Force Majeure. This Contract shall be governed by the Force Majeure provision in Exhibit “B”, Section 7.34. (d) The City retains the right to terminate for default immediately if the Company fails to maintain the required levels of insurance, fails to comply with applicable local, state, and Federal statutes governing performance of these services, or fails to comply with statutes involving health or safety. D-6 Limitation of Funding Company acknowledges that the obligation of City to pay Company is limited to the availability of funds appropriated in a current fiscal year period, and continuation of Contract into a subsequent fiscal year is subject to the appropriation of funds, unless otherwise authorized by law. The City reserves the right to reduce estimated or actual quantities, in whatever amount necessary, without prejudice or liability to the City, if funding is not available or if legal restrictions are placed upon the expenditure of monies for the services required under this Contract. In the event of a decrease or limitation in funding the Company reserves the right to reduce service levels or suspend service as needed. D-7 Changes – Fixed-Price Goods or Services (a) The City may at any time, , and without notice to the sureties, if any, request changes within the general scope of this Contract in any one or more of the following: (i) Description of services to be performed or goods to be provided including types of vehicles and number of vehicles. (ii) Time of performance (i.e., hours of the day, days of the week, etc.). (iii) Place of performance of the services. 543 City-Wide Micro-Transit Services 6 of 18 (iv) Time or place of delivery of goods (b) Upon written mutual agreement, Company and the City will determine the appropriate adjustment(s) to the services. (c) Any change to the cost of services will be based upon the schedule in Exhibit E: Pricing as determined by types of vehicles, number of vehicles and operating hours. (d) The Company must assert its right to an adjustment under this clause within 30 days from the date of receipt of the written order; however, if the City decides that the facts justify, the City may receive and act upon a proposal submitted before final payment of the Contract. (e) If the mutually agreed adjustment includes the cost of property made obsolete or excess by the change, the City shall have the right to prescribe the manner of the disposition of the property. (f) The Company shall provide current, complete, and accurate documentation to the City in support of any request for equitable adjustment. Failure to provide adequate documentation, within a reasonable time after a request from the City, will be deemed a waiver of the Company’s right to dispute the equitable adjustment proposed by the City, where such equitable adjustment has a reasonable basis at the time it is determined by the City. D-8 Entire Contract, Section and Paragraph Headings (a) This Contract, including all Exhibits, represents the entire and integrated agreement between the City and the Company. It supersedes all prior and contemporaneous communications, representations, and agreements, whether oral or written, relating to the subject matter of this Contract. (b) The section and paragraph headings appearing in this Contract are inserted for the purpose of convenience and ready reference. They do not purport to define, limit or extend the scope or intent of the language of the sections and paragraphs to which they pertain. D-9 Severability The invalidity, illegality, or unenforceability of any provision of this Contract or the occurrence of any event rendering any portion or provision of this Contract void shall in no way affect the validity or enforceability of any other portion or provision of this Contract. Any void provision shall be deemed severed from this Contract, and the balance of this Contract shall be construed and enforced as if this Contract did not contain the particular portion or provision held to be void. The parties further agree to amend this Contract to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this clause shall not prevent this entire Contract from being void should a provision which is of the essence of this Contract be determined void. D-10 Waiver Waiver of any of the terms of this Contract shall not be valid unless it is in writing signed by each party. The failure of the City to enforce any of the provisions of this Contract, or to require performance of any of the provisions herein, shall not in any way be construed as a waiver of such provisions or to affect the validity of any part of this Contract, or to affect the right of the City to thereafter enforce each and every provision of this Contract. Waiver of any breach of this Contract shall not be held to be a waiver of any other or subsequent breach of this Contract. D-11 Modification/Amendment This Contract shall not be modified or amended except by the express written agreement of the parties, signed by a duly authorized representative for each party. Any other attempt to modify or amend this Contract shall be null and void and may not be relied upon by either party. D-12 Assignment Neither party may assign their rights nor delegate their duties under this Contract without the written consent of the other party. Such consent shall not be withheld unreasonably. Any assignment or delegation shall not relieve any party of its obligations under this Contract. D-13 Indemnification In addition to the insurance requirements set forth in Section C-5, “Insurance”, the Company shall protect, indemnify and hold harmless the City, its officers, employees, agents, and consultants (collectively herein the “City”) from any and all 544 City-Wide Micro-Transit Services 7 of 18 claims, liabilities, damages, losses, suits, actions, decrees, and judgments including, attorney's fees, court costs or other expenses of any and every kind or character (collectively herein the “Liabilities”) which may be recovered from or sought against the City, as a result of, by reason of, or as a consequence of, any intentional, wrongful or negligent act or omission, on the part of the Company, its officers, employees, or agents in the performance of the terms, conditions and covenants of the Contract, regardless of whether the Liabilities were caused in part by the City. This provision includes the indemnity requirements set forth in Exhibit “A”, Section 1.46. The provisions and obligations under this section shall survive the expiration or earlier termination of this Agreement. Nothing in this Contract shall be construed to affect in any way the City’s rights, privileges, and immunities under the doctrine of “sovereign immunity” and as set forth in Section 768.28, Florida Statutes. It is expressly agreed that the Company shall defend the City against the Liabilities and in the event that the Company fails to do so, the City shall have the right, but not the obligation, to defend the same and to charge all direct and incidental costs, including attorney’s fees and court costs, to the Company. D-14 Patent Indemnity The Company hereby indemnifies and shall defend and hold harmless the City and its representatives respectively from and against all claims, losses, costs, damages, and expenses, including attorney’s fees, incurred by City and its representatives, respectively, as a result of or in connection with any claims or actions based upon infringement or alleged infringement of any patent and arising out of the use of the equipment or materials furnished under the contract by the Company, or out of the processes or actions employed by, or on behalf of the Company in connection with the performance of the Contract. The Company shall, at its sole expense, promptly defend against any such claim or action unless directed otherwise by the City or its representative; provided that the City or its representatives shall have notified the Company upon becoming aware of such claims or actions and provided further that the Company’s aforementioned obligations shall not apply to equipment, materials, or processes furnished or specified by the City or its representatives. Said Patent Indemnity includes the provisions set forth in Exhibit “B”, Section 7.47, Patent and Copyright Indemnification. D-15 Audit of Records (a) In addition to the Audit requirements set forth below, the parties shall be governed by the Audit requirements set forth in Exhibit “B”, Section 7.28, Audit Rights. (b) The Company agrees to maintain the financial books and records (including supporting documentation) pertaining to the performance of this Contract according to standard accounting principles and procedures. The books and records shall be maintained for a period of three years after completion of this Contract, except that books and records which are the subject of an audit finding shall be retained for three years after such finding has been resolved. If the Company goes out of business, the Company shall forward the books and records to the City to be retained by the City for the period of time required herein. (c) The City or its designated representative(s) shall have the right to inspect and audit (including the right to copy and/or transcribe) the books and records of the Company pertaining to the performance of this Contract during normal business hours. The City will provide prior written notice to the Company of the audit and inspection. If the books and records are not located within Broward County, the Company agrees to deliver them to the City, or to an address designated by the City within Broward County. In lieu of such delivery, the Company may elect to reimburse the City for the cost of travel (including transportation, lodging, meals and other related expenses) to inspect and audit the books and records at the Company’s office. If the books and records provided to the City are incomplete, the Company agrees to remedy the deficiency after written notice thereof from the City, and to reimburse the City for any additional costs associated therewith including, without limitation, having to revisit the Company's office. The Company's failure to remedy the deficiency shall constitute a material breach of this Contract. The City shall be entitled to its costs and reasonable attorney fees in enforcing the provisions of this Section. (d) If at any time during the term of this Contract, or at any time after the expiration or termination of the Contract, the City or the City’s designated representative(s) find the dollar liability is less than payments made by the City to the Company, the Company agrees that the difference shall be either: (i) repaid immediately by the Company to the City or (ii) at the City’s option, credited against any future billings due the Company. D-16 Confidentiality – City Information (a) The parties acknowledge that this Contract is subject to Chapter 119, Florida Statutes, entitled the “Public Records Act”. 545 City-Wide Micro-Transit Services 8 of 18 (b) All information, including but not limited to, oral statements, computer files, databases, and other material or data supplied to the Company is confidential and privileged. The Company shall not disclose this information, nor allow to it be disclosed to any person or entity without the express prior written consent of the City. The Company shall have the right to use any such confidential information only for the purpose of providing the services under this Contract, unless the express prior, written consent of the City is obtained. Upon request by the City, the Company shall promptly return to the City all confidential information supplied by the City, together with all copies and extracts. (c) The confidentiality requirements shall not apply where (i) the information is, at the time of disclosure by the City, then in the public domain; (ii) the information is known to the Company prior to obtaining the same from the City; (iii) the information is obtained by the Company from a third party who did not receive the same directly or indirectly from the City; or (iv) the information is subpoenaed by court order or other legal process, but in such event, the Company shall notify the City. In such event the City, in its sole discretion, may seek to quash such demand. (d) The obligations of confidentiality shall survive the termination of this Contract. D-17 Marketing Restrictions The Company may not publish or sell any information from or about this Contract without the prior written consent of the City. This restriction does not apply to the use of the City’s name in a general list of customers, so long as the list does not represent an express or implied endorsement of the Company or its services. This restriction does not apply to general marketing of the services to promote and inform the public about the services. D-18 Taxes/Compliance with Laws (a) The Company, in the performance of the obligations of this Contract, shall comply with all applicable laws, rules and regulations of all governmental authorities having jurisdiction over the performance of this Contract including, but not limited to, the Federal Occupational Safety and Health Act. D-19 Licenses/Registrations During the entire performance period of this Contract, the Company shall maintain all federal, state, and local licenses, certifications and registrations applicable to the work performed under this Contract, including maintaining an active City of Hollywood business license if required. D-20 Non-Discrimination and Fair Employment Practices (a) Discrimination: The City of Hollywood is committed to promoting full and equal business opportunity for all persons doing business in Hollywood. The Company acknowledges that the City has an obligation to ensure that public funds are not used to subsidize private discrimination. Company recognizes that if the Company or their subcontractors or subconsultants are found guilty by an appropriate authority of refusing to hire or do business with an individual or company due to reasons of race, color, religion, sex, sexual orientation, gender identity or expression, age, disability, national origin, or any other legally protected status; City may declare the Company in breach of contract and terminate Contract. (b) Fair Employment Practices: In connection with the performance of work under this Contract, the Company agrees not to discriminate against any employee or applicant for employment because of race, color, religion, national origin, sex, sexual orientation, gender identity or expression, age, disability, national origin, or any other legally protected status. Such agreement 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. (c) The Company further agrees to insert this provision in all subcontracts hereunder. Any violation of such provision by a Company shall constitute a material breach of this Contract. D-21 Employment of Unauthorized Aliens In accordance with the Immigration Reform and Control Act of 1986, the Company agrees that it will not employ unauthorized aliens in the performance of this Contract. D-22 Conforming Services 546 City-Wide Micro-Transit Services 9 of 18 The services performed under this Contract shall conform in all respects with the requirements set forth in this Contract. The Company shall furnish the City with sufficient data and information needed to determine if the services performed conform to all the requirements of this Contract. D-23 Independent Contractor In the performance of services under this Contract, the Company and any other person employed by it shall be deemed to be an independent contractor and not an agent or employee of the City. The Company shall be liable for the actions of any person, organization or corporation with which it subcontracts to fulfill this Contract. The City shall hold the Company as the sole responsible party for the performance of this Contract. The Company shall maintain complete control over its employees and all of its subcontractors. Nothing contained in this contract or any subcontract awarded by the Company shall create a partnership, joint venture or agency with the City. Neither party shall have the right to obligate or bind the other party in any manner to any third party. D-24 Official, Agent and Employees of the City Not Personally Liable It is agreed by and between the parties of this Contract, that in no event shall any official, officer, employee, or agent of the City in any way be personally liable or responsible for any covenant or agreement therein contained whether expressed or implied, nor for any statement, representation or warranty made herein or in any connection with this Contract. D-25 Public Records The City is a public agency as defined by state law and is governed by Chapter 119, Florida Statutes, “Public Records Act”. The City’s Records are public records, which are subject to inspection and copying by any person (unless declared by law to be confidential). The following provisions are required by Section 119.0701, Florida Statutes, and may not be amended. Company shall comply with the public records law. Company shall keep and maintain public records required by the City in the performance of services under this Contract. Upon request from City’s custodian of records, Company shall provide City with a copy of any requested public records or to allow the requested public 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. Company shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Contract’s term and following completion of the Contract if Company does not transfer the public records to City. Upon completion of the Contract, Company shall transfer, at no cost, to City, all public records in its possession or keep and maintain public records required by City to perform the services required under this Contract. If Company transfers all of the public records to City upon completion of the Contract, Company shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If Company keeps and maintains public records upon completion of the Contract, Company 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. IF A PARTY TO THIS CONTRACT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO ITS DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT PATRICIA A. CERNY, CITY CLERK CUSTODIAN OF PUBLIC RECORDS AT (954) 921-3211, PCERNY@HOLLYWOODFL.ORG, 2600 HOLLYWOOD BLVD., HOLLYWOOD, FLORIDA 33020 AND STEVE STUART DIRECTOR OF PROCUREMENT AT (954) 921-3628 SSTEWART@HOLLYWOODFL.ORG. D-26 Use By Other Government Entities A governing body or its authorized representative and the State of Florida may join or use the contracts of local governments located within or outside this State with the authorization of the contracting vendor. It is understood and agreed by Company and the City that any governmental entity may purchase the services specified herein in accordance with the prices, terms, and conditions of this Agreement. It is also understood and agreed that each local entity will establish its own contract with Company, be invoiced therefrom and make its own payments to Company in accordance with the terms of the contract established between the new governmental entity and Company. In the event the Company allows another governmental entity to join the Contract, it is expressly understood that the City shall in no way be liable for the obligations of the joining governmental entity. 547 City-Wide Micro-Transit Services 10 of 18 D-27 Governing Law This Contract, including appendices and Exhibits, and all matters relating to this Contract (whether in contract, statute, tort (such as negligence or otherwise), shall be governed by, and construed in accordance with, the laws of the State of Florida. This shall apply notwithstanding such factors which include, but are not limited to, the place where the contract is entered into, the place where the accident occurs and notwithstanding application of conflicts of law principles. The parties waive the privilege of venue and agree that all litigation between them in the state courts shall take place Broward County, Florida and that all litigation between them in the federal courts shall take place in the Southern District of Florida. D-28 Counterpart Signatures This Contract may be executed in counterparts. All such counterparts will constitute the same contract and the signature of any party to any counterpart will be deemed a signature to, and may be appended to, any other counterpart. Executed copies hereof may be delivered by facsimile or e-mail and upon receipt will be deemed originals and binding upon the parties hereto, regardless of whether originals are delivered thereafter. IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed by their duly authorized representatives. CITY OF HOLLYWOOD COMPANY Name, Title Name, Title Date ATTEST: Date APPROVED AS TO FORM: Name, Title Date 548 City-Wide Micro-Transit Services 11 of 18 EXHIBIT A – STATEMENT OF WORK Company to develop, implement and manage a Micro-Transit “On Demand” service (the "Service”) in the areas identified in Exhibit D The Service will have the ability to be on demand and include smart stops as specified in this Statement of Work The Service will serve visitors, residents, and workers by providing a convenient, efficient mobility option to circulate throughout downtown Hollywood, the Beach, and portions of West Hollywood. The Service shall: ● Operate in two micro-transit zones (MTZ-1/MTZ-2), covering approximate 4.6 square miles of coverage area, and provide on-demand service as illustrated in Exhibit D. ● Operate a 6-month on-demand pilot test (MTZ-3), covering approximately 1.97 square miles of coverage area as illustrated in Exhibit D. ● Operate a Pilot Fixed Route service between designated pick-up locations within Hollywood West and designated Beach/Downtown locations using a E-van from MTZ-1 as illustrated in Exhibit D ● Ability to supplement any part of the service with a fixed route if deemed necessary through data and public needs. ● Hours of operation and headways are to be initially proposed by Company until the level of demand is identified after a few months of operation and data collection. ● Demonstrate the ability to scale up and down the fleet of vehicles and deploy them to various locations based on monthly, weekly, daily, and hourly fluctuations in demand in order to achieve a desired level of service. ● Operate vehicles that meet the Federal Motor Vehicle Safety Standards and Regulations. ● Provide a safe and pleasing passenger experience with capable, qualified and courteous drivers. ● Feature a mobile application downloadable from both the Apple Store and Google Play Store with which will have the ability to charge a fee for service via a secured credit card payment system. ● Feature a mobile application where the user will be able to locate his or her position and contact the next approaching vehicle with approximate wait times. ● Provide a dedicated phone line so that users can call and request assistance. ● System will be operational within 45 days from Notice to Proceed to include vehicle procurement, financial operating plan, sufficient liability coverage and mobile application. Service will be adjusted based upon needs identified from six months of data and the availability of funds. Once six months of data is received and analyzed per Data Reporting requirements in Section 1.9, b. the City and Company shall meet and negotiate terms for the year two renewal period. Ridership, service levels, service area, number of vehicles, ad revenue, fare revenue and overall contract performance will be determining factors in determining if service will remain the same or expand based on ridership demand. 1.1 Mobile Application a. Company to provide a mobile application which allows riders to request pick up and drop off locations. b. Ability to allow the user to connect from one mirco-transit zone to another (MTZ-2 and MTZ-3 will be combined into a single zone for the purpose of the pilot test) c. At no cost to the City, maintain updates to the application and be compatible to smart phones and other mobile devices. d. Provide ability to charge a fee per rider and issue discounts via promo-codes. e. Provide users with approximate time until pick up. f. Allow users to rate drivers and provide feedback. g. Feature a Google Maps based map (or equivalent) that identifies the boundaries of each Service Area. h. After a ride request has been accepted by a driver, depict the real-time location of vehicles on a map of the appropriate Service Area. i. Ability to track party and usage data. 1.2 Marketing and Branding a. In coordination with the City of Hollywood, the Company will develop and implement a branding strategy. Company will not implement any branding strategy without prior written approval from the City. Any changes to the branding strategy must be approved in writing by the City prior to implementation. b. Company to develop and implement a marketing program to promote awareness of the program. The City will have the right to request changes to the marketing program. 549 City-Wide Micro-Transit Services 12 of 18 c. The City retains the right to review marketing materials prior to use and request changes or withdrawal of any marketing materials. 1.3 Vehicles and Infrastructure a. Company to procure, store, license, operate and maintain vehicles and related infrastructure including charging stations used in the service in accordance with applicable laws and regulations with the following requirements. i. Fleet Size. Unless the parties agree otherwise, Company will acquire and operate at its own expense no fewer than 8 GEM vehicles (includes one ADA accessible GEM on standby), 2 EV Vans (1 ADA Accessible), and 1 EV Sedan as part of this Service. Company to maintain and operate vehicles to satisfy the minimum levels of service and ADA accessibility requirements. b. Specifications. All vehicles will: i. Comply with all applicable laws and regulations. ii. Be fully electric. iii. Meet all safety standards established by applicable law or regulation. iv. Feature luggage carrying capacity. c. Branding. The branding strategy will be applied to all vehicles as follows: i. At all times during operation of any vehicles pursuant to this Contract, Company may include but is not limited to branding to all wheels, hoods, front panels, coping, roof and rear fenders unless otherwise approved by the City. ii. Company to develop a default vehicle wrap to be used when no paying advertiser has been identified for any vehicle or vehicles for a period of 7 days or longer unless otherwise approved by the City. iii. Exterior and interior advertising will not interfere with the placement or visibility of any branding required by this Contract, unless otherwise approved by the City. d. Licensing. Company to obtain and maintain proper licensing and registration of all vehicles at all times. e. Charging. The City will make available to the Company, City owned charging stations for vehicles although the City cannot ensure the availability of charging stations to service all vehicles in the fleet to satisfy the levels of service required by this Contract. Company to ensure charging stations are available to adequately service all vehicles in the fleet to satisfy the levels of service required by this Contract. f. Storing. The City will provide parking and operation space in a City-owned parking facility. Company will be responsible for storing and securing vehicles during times of non-operation. g. Maintenance and replacement. At Company’s sole cost, Company to maintain the interior and exterior of all vehicles in good working order, in accordance with all applicable laws and regulations. Vehicles to be free of graffiti, vandalism, defacement and other damage to the satisfaction of the City. Company will replace any vehicle at its sole cost when the vehicle cannot be maintained in good working order, in accordance with applicable laws and regulations or it is no longer able to be maintained in accordance with the requirements of this Contract. Company to use its best efforts to restore non-operational vehicles to operation within 10 business days from the date of any incident requiring the vehicle to be removed from operation. Company to provide verbal and written notice of the City of any delay in restoring a non- operational vehicle that extends beyond ten (10) business days from the date of malfunction. If the city determines that any such delay is due to Company’s lack of diligence the City will have the right to pursue any remedy provided for in this Contract or at law or equity. 1.4 Staffing a. General. Company to provide sufficient staffing to maintain levels of service required by this Contract. All persons provide services pursuant to this Contract will be employees, contractors or consultants hired by the Company. Company is solely responsible for all staffing decisions made pursuant to this Contract. b. Drivers. Company to obtain complete background checks on all drivers, including driving records, criminal checks and employment references, conduct initial drug testing, and provide a training program for newly hired drivers. Company will not hire any convicted felon or any person who has been convicted or pled guilty to driving under the influence of drugs or alcohol as a misdemeanor in any state. Company will not hire a driver with more than three (3) infractions relating to driving a motorized vehicle within the previous 24 months. Company to review each driver’s driving and criminal records at least annually. c. Company to provide Living Wage and tips. 1.5 Attaining and Maintaining Levels of Service (LOS) a. General. Company to provide an LOS that meets customer demands at all times of Service operations. 550 City-Wide Micro-Transit Services 13 of 18 b. Service Level review. Company and City to meet at least annually to review LOS and determine if any adjustments are necessary. Any agreed upon adjustments will be made in writing. 1.6 Trip Sharing a. The Services may permit drivers to transport more than one (1) party but no more than Five (5) parties in GEM vehicles, Three (3) parties in an E-Sedan, and Twelve (12) parties in the E-van, and Eight (8) parties in the ADA E-van simultaneously under the following conditions: i. Each passenger has a separate seatbelt. ii. The total number of passengers, including the driver does not exceed the vehicle’s legal capacity. 1.7 Operational Requirements a. Company and all its employees, officers, managers, staff, subcontractors and subconsultants will comply with all applicable local, state and federal laws and regulations while performing work pursuant to this Contract including but not limited to all laws and regulations regarding the safe operation of vehicles. Company to prohibit drivers from texting or using smartphones, or other mobile device, eating, drinking, wearing headphones, and engaging in any activity that may cause the driver to become distracted while driving the vehicle. Parties acknowledge and agree that (i) drivers will only be permitted to wear Bluetooth enabled device or similar technology to provide service provided by this Contract in accordance with all laws governing such devices; and (ii) drivers may use smart phones mounted to the dashboard or windshield of the vehicles only in accordance with all laws governing such devices. b. Company must obtain all permits and approvals required in the ordinary course of business for the safe and legal operation of the Service, including without limitation, permits or approvals from the Florida Transportation Authority. Company is responsible for obtaining any permits and approvals required by the State of Florida for operation of the Service. c. Company to require all persons using the Service to comply with applicable local, state and federal laws and regulations relating to the use of seatbelts and alcohol consumption in vehicles. d. Company and its drivers are permitted to refuse service when, in the driver’s opinion, a passenger poses a threat to himself or herself, other passengers, the driver, the vehicle or other vehicles or persons. e. Company is permitted to establish reasonable restrictions on the provision of services to non-service animals. 1.8 Operating Hours a. Company to provide the Service for 11 hours per day, seven days (7) days per week for MTZ Zone 1 b. Company to provide the Service for 8 hours per day, seven (7) days per week for MTZ Zone 2 c. Company to provide the Service for 8 hours per day, seven (7) days per week, for 6 months for MTZ Pilot Zone 3 d. Company to remove 1 EV-van from service in MTZ-1 to provide Fixed Route Service 2 days per week for a period of 6 months between established pick-up/drop off locations within MTZ 2 & 3 and the Hollywood Historic Downtown and the Beach area. e. After the Data Review, hours of operation may be adjusted as mutually agreed upon in writing by the parties. 1.9 Levels of Service Reporting a. Company to provide the city with monthly, quarterly and annual level of service and operations/financial reports for each micro-transit zone. Upon request, Company will provide the City with weekly level of service reports for each micro-transit zone. b. Data Reports to include: i. Number of parties on a daily, weekly and monthly basis ii. Number of paying customers iii. Gross/Net revenue collected for fare revenue credits iv. Number of vehicles not in operation on a daily, weekly and monthly basis v. Average wait time from request through the mobile app until arrival by assigned driver on a daily, weekly and monthly basis. vi. Average trip duration on a daily, weekly and monthly basis. vii. Pick-up and drop off location for each trip. viii. Average number of passengers per party per trip. ix. Average number of parties per trip. x. Number of passenger complaints received on a daily, weekly and monthly basis. c. Quarterly Reports d. Annual Reports 551 City-Wide Micro-Transit Services 14 of 18 1.10 Operational/Financial Report within thirty (30) days after each month, quarter and year, as applicable Company to submit to City Operational/Financial Reports containing the following information: a. Annual budget b. Annual and monthly financial information include revenue generated (including advertisement sales and miscellaneous revenue), expenses and capital resources. 1.11 Advertisement Sales a. Company shall sell space on the exterior or interior of the vehicles for the display of commercial advertising. Advertising Revenue in the amount of $115,100.00 shall be guaranteed annually (Annual Guaranteed Amount). All Advertising Revenue collected by the Company above the Annual Guaranteed Amount will belong to the Company. Company shall credit the City’s monthly invoices for each MTZ with a prorated portion of the Annual Guaranteed Amount as shown in Exhibit E (Pricing). 1.12 Ridership Fares a. Company shall collect ridership fares for the services. b. Company shall credit the City’s monthly invoice for each micro-transit zone with 100% of the Net Fare Revenue, defined below, that is generated and collected from ridership fares. c. Net Fare Revenue means all gross ridership revenue that is collected from the passengers for the services less all costs and expenses, including but not limited to sales taxes or other taxes imposed by law, Company administrative expenses, credit card processing fees and other billing related charging by third parties imposing similar processing charges. Company will be responsible for documenting all costs and expenses and related charges associated with the Net Fare Revenue calculations. 552 City-Wide Micro-Transit Services 15 of 18 EXHIBIT B – RFP-045-23-SK - Citywide Micro-Transit Services 553 REQUEST FOR PROPOSAL RFP-045-23-SK CITYWIDE MICRO-TRANSIT SERVICES FOR THE CITY OF HOLLYWOOD, FLORIDA (CITY) RFP Issue Date: February 1, 2023 Questions Due Date: February 22, 2023 Submittal Due Date: March 9, 2023, 3:00 pm 554 City of Hollywood RFP-045-23-SK CITYWIDE MICRO-TRANSIT SERVICES TABLE OF CONTENTS I. SUMMARY ............................................................................................................ II. INTRODUCTION ................................................................................................... III. SPECIAL TERMS AND CONDITIONS .................................................................. IV. SCOPE OF SERVICE ........................................................................................... V. EVALUATION CRITERIA ...................................................................................... VI. EVALUATION COMMITTEE ................................................................................. VII. GENERAL TERMS AND CONDITIONS ................................................................ VIII. PROPOSAL SUBMISSIONS ................................................................................. Attachments: A - EXHIBIT A - CSP_Routes_and_Schedules B - Exhibit B-MTZ_Zones C - Exhibit C-Pricing 555 3 1. SUMMARY 1.1. Summary The City is seeking shared public sector transit services that offer dynamically allocated routes and schedules in response to individual or aggregate consumer demand, using smaller vehicles and capitalizing on mobile GPS and internet connectivity. The City has successfully funded the operation of a micro-transit service in the downtown and A1A corridor for the last 4 years. The micro transit services have been well accepted with increasing ridership. The Current contract is set to expire and would like the opportunity to solicit new proposals that would complement a new community shuttle service as well as expansion of the service to other areas of the City, especially west of I-95. The goal of the micro-transit service will be to transition paratransit customers by transporting them in a less expensive manner to a fixed route transfer point and/or address areas in the City with high concentrations of older and low-income residents who need access to transit. Any rider fees will be determined by the City and 100% of all net proceeds from fees generated by riders will be returned to the City in the form of a credit to each monthly invoice. The City has the right to audit the Contractor’s collection of fees. The successful Vendor/Contractor will have demonstrated demand response experience particularly in areas with no existing service. The Contractor will own or have access to a fleet of environmentally friendly and sustainable vehicles that include fully accessible minibuses with capacity between 12 and 28 passengers. Vehicles should be small enough for energy efficiency, but large enough to handle occasional larger demands (schools, employment centers, transfer stations). Smaller low speed electric vehicles may be used on smaller streets and more acceptable neighborhoods. The strategic objective of this initiative is to identify and implement a sustainable micro -transit system that moves people to and from their destination. Another strategic objective is that over time this program will transition to being fully supported by the business community in Hollywood, Hollywood Beach, and the surrounding area. 1.2. Background Currently the City plans to operate a Community Shuttle System with three fixed routes (Northwest Loop - City Hall to N. Beach Park, A1A Loop - N. Beach Park to E Hallandale Blvd. and a Southeast Loop - City Hall to Pembroke Rd.) The fixed route system is expected to be operational by mid-2023 and will provide public transportation service to improve mobility, and ease parking demand and traffic congestion. This service is funded by Broward County Transit. In addition, there are Broward County buses, routes #1, 4, 7, 9 and US1 Breeze, providing services on a daily basis. 1.3. Contact Information Simone Knight Senior Purchasing Agent Email: sknight@hollywoodfl.org Phone: (954) 921-3200 556 4 Department: Development Services (Engineering, Building, Code Compliance, Community Development and Planning) 1.4. Timeline Release Project Date February 1, 2023 Pre-Proposal Meeting (Non- Mandatory) February 9, 2023, 10:00am Join from the meeting link https://cohfl.webex.com/cohfl/j.phpMTID=m6cb a791171165ad4ecd518f286c6c012 OR Join by meeting number Meeting number (access code): 2633 159 9680 Meeting password: 9PEjbnnYC32 OR Join from a mobile device (attendees only) +1-408-418-9388 Meeting number (access code) 2633 159 9680 Question Submission Deadline February 22, 2023, 5:00pm Proposal Submission Deadline March 9, 2023, 3:00pm 557 5 2. INTRODUCTION 2.1. Purpose The City of Hollywood, Florida (City) is seeking responses from qualified and experienced firms, hereinafter referred to as the Contractor or Proposer, to provide Micro -transit rider services for the City, in accordance with the terms, conditions, and specifications contained in this solicitation. Responses to this solicitation are due by Thursday, March 9, 2023 at 3:00 pm, and will be opened in a virtual public setting on March 1, 2023 at 4:00PM (EST) at https://cohfl.webex.com/cohfl/j.php?MTID=m2fa08f6728891bc5bc2d389b3a3e4290 . Submittals shall be received electronically through OpenGov Procurement. Hard copy submittals will not be accepted. Submittals shall be considered an offer on the part of the bidder/proposer, which offer shall be deemed accepted upon approval of the City, and in case of default, the City reserves the right to accept or reject any or all bids/proposals, to waive irregularities and technicalities, and request new bids/proposals. The City also reserves the right to award any resulting agreement as it deems will best serve the interests of the city. 2.2. Pre-Proposal Conference and/or Site Visit (Non-Mandatory) There will be a non-mandatory pre-proposal conference and/or site visit scheduled for this solicitation. Attendance is required if the event is mandatory, and in the event that it is non- mandatory, it is strongly suggested that all Contractors attend the pre-proposal conference and/or site visit to receive information that may be critical to their understanding of this solicitation. Please keep in mind that site visits at other times might not be available. It is the sole responsibility of the Contractor to become familiar with the scope of the City’s requirements prior to submitting a proposal. No variation in price or conditions shall be permitted based upon a claim of ignorance. Submission of a proposal will be considered evidence that the Proposer has familiarized themselves with the nature and extent of the work, equipment, materials, and labor required. 2.3. OpenGov The City of Hollywood uses Opengov, the e-Procurement Portal (“Portal”) (https://procurement.opengov.com/portal/hollywoodfl/projects/36720) to administer the competitive solicitation process, including but not limited to soliciting proposals, issuing addenda, posting results and issuing notification of an intended decision. The City shall not be responsible for a Proposer’s inability to submit a proposal by the proposal end date and time for any reason, including issues arising from the use of OpenGov. 2.4. Point of Contact For information concerning procedures for responding to this solicitation, contact the Point of Contact within the Office of Procurement Services, Simone Knight, Senior Purchasing Agent at sknight@hollywoodfl.org or by phone at (954) 921-3200, or Steve Stewart, Chief Procurement Officer (CPO), at sstewart@hollywoodfl.org or by phone at (954) 921-3232. Such contact is to be for clarification purposes only. All questions must be submitted in writing via the Portal by Wednesday, February 22, 2023, by 5:00 pm, in order to receive a timely response. 558 6 Project Manager: Solange Baquero, Administrative Specialist II, at dbaquero- meza@hollywoodfl.org or by phones at (954) 921-3900 Ext: 6641. For information concerning technical specifications, please utilize the question and answer feature provided by the Portal at https://procurement.opengov.com/portal/hollywoodfl. Questions of a material nature must be received prior to the cut-off date specified in the solicitation schedule. Material changes, if any, to the scope of services or bidding procedures will only be transmitted by written addendum. (See addendum section of the the Project Page). Proposers please note: No part of your proposal can be submitted via FAX. No variation in price or conditions shall be permitted based upon a claim of ignorance. Submission of a proposal will be considered evidence that the Proposer has familiarized themselves with the nature and extent of the work, and the equipment, materials, and labor required. The entire proposal response must be submitted in accordance with all specifications contained in this solicitation. The questions and answers submitted in the Portal shall become part of any contract that is c reated from this solicitation. It is the sole responsibility of the Proposer to ensure that their proposal is submitted electronically through the Portal. 2.5. Cone of Silence The City of Hollywood City Commission adopted Ordinance No. O-2007-05, which created Section 30.15(F) imposing a Cone of Silence for certain City purchases of goods and Services. The Cone of Silence refers to limits on communications held between vendors and vendor’s representatives and City elected officials, management and staff during the period in which a Formal Solicitation is open. The Ordinance does allow potential vendors or vendor’s representatives to communicate with designated employees for the limited purpose of seeking clarification or additional information. The names and contact information of those employees that may be contacted for clarification or additional information are included in the solicitation. The Cone of Silence does not prohibit a vendor or vendor’s representative from communicating verbally, or in writing with the City Manager, the City Manager’s designee, the City Attorney or the City Attorney’s designee on those procurement items to be considered by the City Commission. The Cone of Silence does not prohibit a vendor or vendor’s representative from making public presentations at a duly noticed pre-proposal conference or duly noticed evaluation committee meeting or from communicating with the City Commission during a duly noticed public meeting. The Cone of Silence shall be imposed when a formal competitive solicitation has been issued and shall remain in effect until an award is made, a contract is approved, or the City Commission takes any other action which ends the solicitation. To view the Cone of Silence, go to the City of Hollywood Code of Ordinance online, and view Section 30.15F. All communications regarding this solicitation should be sent in writing to the Procurement Services Division as identified in this solicitation. 559 7 3. SPECIAL TERMS AND CONDITIONS 3.1. Addenda, Changes, and Interpretations It is the sole responsibility of each firm to notify the Point of Contact utilizing the question and answer feature provided by the Portal and request modification or clarification of any ambiguity, conflict, discrepancy, omission or other error discovered in this competitive solicitation. Requests for clarification, modification, interpretation, or changes must be received prior to the Question and Answer (Q & A) Deadline. Requests received after this date may not be addressed. Questions and requests for information that would not materially affect the scope of services to be performed or the solicitation process will be answered within the question and answer feature provided by the Portal and shall be for clarification purposes only. Material changes, if any, to the scope of services or the solicitation process will only be transmitted by an official written addendum issued by the City and uploaded to the Portal as a separate addendum to the solicitation. Under no circumstances shall an oral explanation given by any City official, officer, staff, or agent be binding upon the City and should be disregarded. All addenda are a part of the competitive solicitation documents and each firm will be bound by such addenda. It is the responsibility of each to read and comprehend all addenda issued. 3.2. Changes and Alterations Proposer may change or withdraw a proposal at any time prior to proposal submission deadline; however, no oral modifications will be allowed. Modifications shall not be allowed following the proposal deadline. 3.3. Proposer’s Costs The City shall not be liable for any costs incurred by Proposers in responding to this solicitation. 3.4. Pricing/Delivery All pricing must include delivery and installation and be quoted FOB: Destination, unless specified otherwise in #SCOPE OF SERVICE section . 3.5. Price Validity Prices provided in this solicitation shall be valid for at least One-Hundred and Twenty (120) days from time of solicitation opening unless otherwise extended and agreed upon by the City and Proposer. 3.6. No Exclusive Contract Proposer agrees and understands that the contract shall not be construed as an exclusive arrangement and further agrees that the City may, at any time, secure similar or identical services from another vendor at the City’s sole option. 3.7. Responsive In order to be considered responsive to the solicitation, the firm’s proposal shall fully conform in all material respects to the solicitation and all of its requirements, including all form and substance. 560 8 3.8. Responsible In order to be considered as a responsible firm, firm shall be fully capable to meet all of the requirements of the solicitation and subsequent contract, must possess the full capability, including financial and technical, to perform as contractually required, and must be able to fully document the ability to provide good faith performance. 3.9. Minimum Qualifications To be eligible for award of a contract in response to this solicitation, the Proposer must demonstrate that they have successfully completed services, as specified in the #SCOPE OF SERVICE section of this solicitation, are normally and routinely engaged in performing such services, and are properly and legally licensed (if required) to perform such work. In addition, the Proposer must have no conflict of interest with regard to any other work performed by the Proposer for the City. 3.10. Award of Contract Award may be in the aggregate, or by line Item, or by group, whichever is determined to be in the best interest of the City. Award will be made to the responsive and responsible Proposer, quoting the lowest price, for that product/service that will best serve the needs of the City. The City also reserves the right to accept or reject any or all proposals, part of proposals, and to waive minor irregularities or variations to specifications contained in proposals, and minor irregularities in the bidding process. The City also reserves the right to award the contract on a split order basis, lump sum basis, individual item basis, or such combination as shall best serve the interest of the City. 3.11. Manufacturer/Brand/Model Specific Request This is a manufacturer/brand/model specification. No substitutions will be allowed unless specified in the #SCOPE OF SERVICE section. 3.12. Contract Period The initial contract term shall commence upon date of award by the City for a one (1) year term. The City reserves the right to renew the contract for three additional one-year terms, providing all terms, conditions and specifications remain the same, both parties agree to the extension, and such extension is approved by the City. In the event services are scheduled to end because of the expiration of this contract, the Contractor shall continue the service upon the request of the City as authorized by the awarding authority. The extension period shall not extend for more than 120 days beyond the expiration date of the existing contract. The Contractor shall be compensated for the service at the rate in effect when this extension clause is invoked by the City. 3.13. Warranties of Usage Any estimated quantities listed are for information and tabulation purposes only. No warranty or guarantee of quantities needed is given or implied. It is understood that the Contractor will furnish the City's needs as they arise. 561 9 3.14. Rules and Submittals of Proposals The signer of the proposal must declare that the only person(s), company or parties interested in the proposal as principals are named therein; that the proposal is made without collusion with any other person(s), company or parties submitting a proposal; that it is in all respects fair and in good faith, without collusion or fraud; and that the signer of the proposal has full authority to bind the principal proposer. 3.15. Conflict of Interests Prohibited Any respondent submitting a response to this solicitation is responsible for being aware of, and complying with Section 34.02 of the City Code of Ordinances. If you have questions concerning whether you may or may not need to comply with the ordinance, please contact the City of Hollywood, City Clerk’s Office at 954-921-3211. 3.16. Protest Procedure Any respondent who is not recommended for award of a contract and who alleges a failure by the City to follow the City’s Procurement Code or any applicable law may protest to the CPO, by delivering a letter of protest to the CPO in accordance with Section 38.52 of the City’s Procurement Code within five days after a notice of intent to award is posted on the City’s web site, BIDSYNC, City Clerk’s Office, Open Government, and/or City’s Sunshine Board (https://www.hollywoodfl.org/Archive.aspx?AMID=140). 3.17. Insurance Requirements Contractor shall maintain, at its sole expense, during the term of this agreement the following insurances: A. Commercial General Liability Insurance naming the City as an additional insured with not less than the following limits: General Aggregate $1,000,000 Products-Comp/Op Aggregate $1,000,000 Personal and Advertising Injury $1,000,000 Each Occurrence $1,000,000 Coverage shall include contractual liability assumed under this agreement, products and completed operations, personal injury, broad form property damage, and premises- operations. B. Commercial Automobile Liability Insurance naming the City as an additional insured with not less than the following limits: Combined Single Limit $1,000,000 Coverage shall include contractual liability assumed under this agreement, owned, hired and non-owned vehicles. Worker’s Compensation: 562 10 C. Worker’s Compensation Insurance Prior to the commencement of work governed by this contract, the contractor shall obtain Workers' Compensation Insurance with limits sufficient to respond to the applicable State statues. Limits of Liability: Statutory-State of Florida Covering the contractor and the contractor’s employees with not less than the following limits: Employers Liability: $100,000, bodily injury by accident $500,000 bodily injury by Employee $500,000 bodily injury by Policy Limit The City of Hollywood needs to be the certificate holder as per the following format: City of Hollywood (nothing else on this line) Name of Department Department Address Department Address Coverage shall be provided by a company or companies authorized to transact business in the state of Florida and the company or companies must maintain a minimum rating of A-VII, as assigned by the A.M. Best Company. Please Note: The Certificate shall contain a provision that coverage afforded under the policy will not be cancelled until at least thirty (30) days prior written notice has been given to the City. Certificates of insurance, reflecting evidence of the required insurance, shall be provided to the City. In the event the Certificate of Insurance provided indicates that the insurance shall terminate and lapse during the period of this Agreement, the vendor shall furnish, at least thirty (30) days prior to the expiration of the date of such insurance, a renewed Certificate of Insurance as proof that equal and like coverage for the balance of the period of the Agreement or extension thereunder is in effect. The insurance policy shall not contain any exceptions that would exclude coverage for risks that can be directly or reasonably related to the scope of goods or services in this bid/proposal. A violation of this requirement at any time during the term, or any extension thereof shall be grounds for the immediate termination of any contract entered in to pursuant to this bid/proposal. In order to show that this requirement has been met, along with an insurance declaration sheet demonstrating the existence of a valid policy of insurance meeting the requirements of this bid/proposal, the successful proposer must submit a signed statement from insurance agency of record that the full policy contains no such exception. The City reserves the right to require additional insurance in order to meet the full value of the contract. The City reserves the right to require any other insurance coverage it deems necessary depending upon the exposures. 563 11 3.18. Uncontrollable Circumstances (Force Majeure) The City and Contractor will be excused from the performance of their respective obligations under this agreement when and to the extent that their performance is delayed or prevented by any circumstances beyond their control including, fire, flood, explosion, strikes or other labor disputes, acts of God or public emergency, war, riot, civil commotion, malicious damage, act or omission of any governmental authority, delay or failure or shortage of any type of transportation, equipment, or service from a public utility needed for their performance, provided that: A. The non performing party gives the other party prompt written notice describing the particulars of the Force Majeure including, but not limited to, the nature of the occurrence and its expected duration, and continues to furnish timely reports with respect thereto during the period of the Force Majeure; B. The excuse of performance is of no greater scope and of no longer duration than is required by the Force Majeure; and C. No obligations of either party that arose before the Force Majeure causing the excuse of performance are excused as a result of the Force Majeure; and D. The non-performing party uses its best efforts to remedy its inability to perform. Notwithstanding the above, performance shall not be excused under this Section for a period in excess of two (2) months, provided that in extenuating circumstances, the City may excuse performance for a longer term. Economic hardship of the Contractor will not constitute Force Majeure. The term of the agreement shall be extended by a period equal to that during which either party's performance is suspended under this Section. 3.19. Supplier Portal (Oracle) Payment Method The City has implemented software that contains a supplier portal allowing suppliers to submit and update their information via the supplier portal. New suppliers will be required to register; and current suppliers will need to confirm and update their information. Firms are responsible for ensuring that all contact, payment, and general information is updated at all times, and will not hold the City liable for any inaccurate information. 3.20. Debarred or Suspended Bidders or Proposers Firm(s) certifies, by submission of a response to this solicitation, that neither it nor its principals and subcontractors are presently debarred or suspended by any federal, state, county or municipal department or agency. 3.21. Public Records/Trade Secrets/Copyright All responses will become the property of the City. The Consultant’s response to the solicitation is a public record pursuant to Florida law and is subject to disclosure by the City pursuant to Chapter 119.07, Florida Statutes (“Public Records law”). The City shall permit public access to all documents, papers, letters or other material submitted in connection with this solicitation and the Contract to be executed for this solicitation, subject to the provisions of Chapter 119, Florida Statutes. 564 12 Any language contained in the Consultant’s response to the solicitation purporting to require confidentiality of any portion of the Consultant’s response to the solicitation, except to the extent that certain information is in the City’s opinion a Trade Secret pursuant to Florida law, shall be void. If a Consultant submits any documents or other information to the City that the Consultant claims is Trade Secret information and exempt from Florida Statutes Chapter 119.07 (“Public Records Laws”), the Consultant shall clearly designate that it is a Trade Secret and that it is asserting that the document or information is exempt. The Consultant must specifically identify the exemption being claimed under Florida Statutes 119.07. The City shall be the final arbiter of whether any information contained in the Consultant’s response to the solicitation constitutes a Trade Secret. The City’s determination of whether an exemption applies shall be final, and the Consultant agrees to defend, indemnify, and hold harmless the City and the City’s officers, employees, and agent, against any loss or damages incurred by any person or entity as a result of the City’s treatment of records as public records. In the event of Contract award, all documentation produced as part of the Contract shall become the exclusive property of the City. Proposals purporting to be subject to copyright protection in full or in part will be rejected. EXCEPT FOR CLEARLY MARKED PORTIONS THAT ARE BONA FIDE TRADE SECRETS PURSUANT TO FLORIDA LAW, DO NOT MARK YOUR RESPONSE TO THE SOLICITATION AS PROPRIETARY OR CONFIDENTIAL. DO NOT MARK YOUR RESPONSE TO THE SOLICITATION OR ANY PART THEREOF AS COPYRIGHTED. 3.22. PUBLIC RECORDS GENERAL Consultant 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 from the City’s custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes. 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 this contract if the Consultant 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 Consultant or keep and maintain public records required by the City to perform the service. If the Consultant transfers all public records to the City upon completion of this Contract, the Consultant shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Consultant keeps and maintains public records upon completion of this Contract, 565 13 the Consultant 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. It is solely and exclusively the Contractor’s responsibility to familiarize itself with Chapter 119, Florida Statutes, and to ensure compliance with its requirements. 3.23. Tie Breaker In cases where there is a tie for the bid award, the award shall be made by giving preference to the low bidder(s) with the following items (in this order): • (1) maintenance of a drug-free workplace in accordance with the requirements of Florida Statutes Section 287.087, • (2) local Hollywood vendor preference, • (3) closest proximity/location to project site or City Hall, and/or • (4) minority-owned or disadvantaged business status. If a tie still exists after the aforementioned tiebreakers are utilized, the Chief Procurement Officer will make a recommendation for award among the tied bidders. 566 14 4. SCOPE OF SERVICE 4.1. Project Description The successful Vendor/Contractor will provide a year-round micro-transit program that provides connectivity to the Community Shuttle Program (CSP), this includes areas along the US 1/Federal Highway Corridor, Historic Downtown, and Hollywood Beach areas. In addition, the service will provide connectivity to various points of interest and Transportation hubs in areas west of the City designated as micro-transit zones. The service must be reliable, predictable and easy to access. Program may include supplementary service during special events requiring vehicles, personnel and resources. Circulator services may also expand to other areas of the City to support mobility options and reduction of traffic congestion as determined by the City and City Redevelopment Agency (CRA). The applicant should provide as part of their proposal a tentative schedule of service based on their experience in similar markets and assessment of demand in the area. This schedule is subject to change and be modified depending on the needs and conditions determined by the City/CRA. 4.2. Technical Specifications The use of environmentally friendly vehicles is preferred and must meet required ADA accessibility standards. The Contractor will provide the necessary vehicles, staff, and resources to service the estimated schedule in Exhibit A - CSP Routes and Schedules throughout the term of the contract. There is no need to have vehicles equipped with GPS units although it is preferred. The Contractor shall provide professional, experienced, well-groomed hospitality-oriented personnel and resources to communicate engagingly with riders while answering their questions. Personnel must hold the required, up-to-date applicable licenses, if required, have a clean driving record and be comfortable speaking knowledgably about the City/CRA as a visitor destination. The ability to converse in English is required. Bilingual drivers and other languages (French and Spanish) is desirable, but not required. All drivers must participate in a Florida Department of Transportation (FDOT) approved drug testing program. The City/CRA reserves the right to require the immediate dismissal of any personnel who fail to meet the standard outlined above. Relief personnel shall be readily available and provided by the Vendor throughout the term of the contract. The Contractor will ensure that all personnel assigned to this program wear professional, standardized, uniforms that are clean and well-pressed at all times. The Contractor will be responsible for appropriate storage, maintenance, and operational safety of all vehicles provided for this effort. The Contractor will be responsible for replacing vehicles that break down or have mechanic problems at no extra cost to the City/ CRA. The replacement should be addressed during shift when possible but no longer than 12-24 hours from the time of the event. In the event a vehicle needs to be replaced, such replacement vehicle shall match wrapping and conditions of the vehicle that needs repairs. 567 15 Applicants are encouraged to provide risk mitigation plans below for different time frames for vehicles to be out of service (i.e., one day, one week, one month) The Contractor will a provide a secure website and cell phone application that allows users to quickly locate and secure a ride. The application should be downloadable from the Apple Store or Play Store. The website and cell phone application should also have the ability to charge a fee for service via secure encrypted credit card payments. 4.3. Contractor Qualifications The Contractor shall submit a listing of work experience for projects similar in scope and nature to the work described in the Scope of Work. A minimum of five (5) years' experience and at least two (2) projects (preferably with a government entity) shall be submitted and include a description of the work, project value, value of the work performed by the Contractor, and work duration. The Contractor shall provide the requirements/certifications/training requirements for their drivers. NOTE: The minimum requirement by the City is that all drivers must be enrol led in an approved FDOT drug testing program and have passed a drug screening test, have the required FL driver license, and a favorable background investigation. 4.4. Deliverables and Objectives The following deliverables are required: A. Auditing tools to track vehicle usage and gross/net revenues from passenger fees and advertising. Generation of monthly reports that provide ridership totals, service heat maps with micro-transit zone usage, demand and capability analytics. In addition, reports shall contain driver performance metrics such as riders per hour, wait times, and the number of missed pick-ups. B. Reliable Transit Program. Documented daily vehicle safety inspections prior to start of day, and a documented preventive maintenance program. Reporting frequency will be determined between the City/CRA and the Contractor's ridership totals. C. Risk Mitigation Plan. A written plan that addresses risks associated with the operation of the micro transit program and mitigation strategies that will be used by the Contractor to minimize risk. D. Maintenance/Recovery Plan. The Contractor shall provide their maintenance plan and recovery plan to keep the vehicles in circulation at all times with no interruptions. 4.5. Project Area There are three (3) Micro-Transit Zones (MTZ). Each MTZ will be finalized following award and may be modified based on ridership and need. Each MTZ is described in the attached Exhibit B - MTZ Zones. 4.6. Schedule of Performance The applicant will provide a tentative schedule of service based on their experience in similar markets. This schedule is subject to change and be modified depending on the needs and conditions determined by the City/CRA and provider. Offerors are encouraged to provide service connecting downtown and the beach and must provide adequate description on how the service will do this and overcome challenges. 568 16 4.7. Advertising and Revenue Sharing ADVERTISEMENT SALES SERVICES. (a) The Contractor will sell space upon its vehicles for the display of commercial advertising. The purpose is to raise revenues to partially finance the operation of the micro-transit services. (b) The Contractor will pay to the City 50% of the Net Advertising Revenue received by the Contractor in connection with all (i) exterior advertising sales; (ii) interior video advertising sales; (iii) event marketing campaign sales; and (iv) marketing efforts for advertising sales (collectively, the “Advertisement Sales Services” and the advertisements so sold, the “Advertisements”). Net Advertising Revenue means the gross advertising revenue received less all-other costs and expenses, including but not limited to advertisement design and production costs, incurred by the Company in connection with providing the Advertisement Sales Services. (c) The Contractor shall determine the methods, details, and means for performing the Advertisement Sales Services. The Contractor will not accept advertising content that includes or is related to the below (1-7) without the prior written approval from the City. 1. Discriminates against a person or section of the community on account of race, sex, age, sexual preference, religion, disability, sexual orientation or political belief. 2. Contains strong or obscene language. 3. Promotes or opposes tobacco or alcohol products and controlled substances. 4. Contains sexual or reproductive material, 5. Promotes or opposes “adult entertainment” strip clubs and/or the sale of pornographic materials. 6. Promotes the sale or distribution of firearms. 7. Contravenes any applicable law. (d) The Contractor shall invoice each such advertiser for amounts owed for Advertisement Sales Services. The Contractor shall provide a service credit in the amount of 50% of the Net Advertising Revenue to the City on the following month’s submitted invoice after receipt by the Contractor of the amounts due from each advertiser. The Contractor must submit proof of invoices for amounts owed to Contractor for Advertisement Sales Services, during each advertisement period, whether or not invoiced funds are actually received by the Contractor. Example: For illustration purposes, the Contractor submits an invoice to a Media Buyer in the amount due of $25,000.00 for Advertisement Sales Service on January 2023 and the funds were r eceived from that Media Buyer during the month of March 2023. The Contractor will provide a service credit to the City in the amount of $12,500.00 on the April 2023 invoice. 569 17 5. EVALUATION CRITERIA A Selection Committee will review and evaluate submittals to determine if they meet all of the requirements in this solicitation to be deemed responsive and responsible. The following evaluation criteria will be used to evaluate and score each submittal: No. Evaluation Criteria Scoring Method Weight (Points) 1. Approach and Methodology The Contractor shall explain in detail how their company can meet the requirements of the work outlined in the SOW, provide a timeline/plan-of-action detailing each phase for this effort, provide an organization chart detailing the labor for this effort, provide the recruiting effort for maintaining qualified drivers, and detail the numbers and types of vehicles provided and how they will include additional vehicles if the City expands the routes. Points Based 15 (14.3% of Total) 2. Environmental Benefits The Contractor shall provide details and quantify any environmental benefits or sustainability initiatives that they will use for this effort. Points Based 10 (9.5% of Total) 3. Contractor Capabilities The Contractor shall provide overall organizational and financial capabilities and other key components to include organizational reporting structure, quality control, quality assurance, research and development, technical training and parts support, response time, product capabilities, and the ability to furnish multiple vehicle configurations. The Contractor shall provide a general description of the company, including annual revenue, facilities location, number of permanent and part-time employees, and current and project workload. This description is intended to provide information to the City of Hollywood to evaluate the capability and capacity of the Contractor to perform the work. The City of Hollywood may conduct a site-visit of the Contractor's facility during the evaluation process. Points Based 10 (9.5% of Total) 570 18 4. Driver's Qualifications The Contractor shall provide the requirements/certifications/training requirements for their drivers. NOTE: minimum requirement by the City is that all drivers must be enrolled in an FDOT approved drug testing program, pass a drug screening test, have the appropriate FL driver's license, and have a favorable background investigation. Points Based 10 (9.5% of Total) 5. Firm's Qualifications and Experience The Contractor shall submit a listing of work experience for projects similar in scope and nature to the work described in the Scope of Work. A minimum of five years (5) experience and two (2) projects (preferably with a government entity) shall be submitted and include a description of the work, project value, value of the work performed by the Contractor, and work duration and dates. The Contractor must submit at least three (3) references for projects of similar size, scope, and complexity. The references will be reviewed and scored as to whether services performed were satisfactory and meet the aforementioned criteria. Points Based 10 (9.5% of Total) 6. ADA Compliance The Contractor shall provide details on how their proposed vehicles meet ADA accessibility requirements. Points Based 5 (4.8% of Total) 7. Maintenance/Recovery Plan The Contractor shall provide their maintenance plan and recovery plan to keep the vehicles in circulation at all times with no interruptions. The Contractor must also provide a response to this scenario: A vehicle breaks down in the middle of the afternoon (weekday) and the current outside temperature is 95 degrees Fahrenheit. The vehicle has a mixture of passengers: elderly, middle aged, children, and infants. Explain the Contractor's course of action that would be taken. Points Based 10 (9.5% of Total) 571 19 8. Risk Mitigation Plan The contractor must provide a risk mitigation plan on potential risks that may occur with this service and the steps they will take to mitigate/reduce the risk level. Points Based 10 (9.5% of Total) 9. Local Vendor Preference If applicable, the local Hollywood Vendor/Contractor shall have the burden of demonstrating that it maintains a permanent place of business with full-time employees within the City limits and has done so for a minimum of one year prior to the date of issuance of a bid or proposal solicitation within Hollywood, Florida. All supporting documentation (e.g., City valid local business tax receipt) for local preference eligibility must be received with the bid package prior to the bid opening date and time. Points Based 5 (4.8% of Total) 10. Pricing The Contractor must provide a Fixed Pricing Rate for this Service to include all direct and indirect costs in fixed monthly rates for this effort. The price for each offeror will be compared against the values assigned the various elements of the technical proposal. The objective of this process is to obtain the best available combination of technical capability and price. Points Based 20 (19% of Total) 572 20 6. EVALUATION COMMITTEE Each Selection Committee member will convert their maximum available point score (cardinal number) for each Submitter into an ordinal number designating the ranking (as first, second, or third. For example: The ordinal scores from each Selection Committee member for each Submitter shall be added together to calculate a total ordinal score. The Submitter with the lowest ordinal score will be ranked highest for award preference. The Submitter with the second lowest total ordinal score will be ranked second highest for award preference, and so on, until all Submitters are ranked. During the evaluation process, the Selection Committee may, at its discretion, request oral presentations from banks to clarify information or answer questions on submittals. A public Selection Committee meeting to complete this evaluation is anticipated to take place in March 2023 followed by City Commission approval of an award tentatively scheduled for May 2023. Selection Committee meeting notices shall be posted on the City’s Sunshine Board (https://www.hollywoodfl.org/Archive.aspx?AMID=140). 573 21 7. GENERAL TERMS AND CONDITIONS 7.1. INTENT It is the policy of the City to encourage full and open competition among all available qualified vendors. All vendors regularly engaged in the type of Work specified in the Solicitation are encouraged to submit proposals. To receive notification and to be eligible to bid vendor should be registered with OpenGov. Vendors may register with the OpenGov (registration is free) to be included on a mailing list for selected categories of goods and Services. In order to be processed for payment, any awarded vendor must register with the City by completing and returning a Vendor Application and all supporting documents. For information and to apply as a vendor, please visit our website at hollywoodfl.org to download an application and submit it to Procurement Services Division. It is the intent of the City of Hollywood, FL (“the City”), through this solicitation and the contract conditions contained herein, to establish to the greatest possible extent complete clarity regarding the requirements of both parties to the agreement resulting from this solicitation. Before submitting a bid/proposal, the Vendor shall be thoroughly familiarized with all contract conditions referred to in this document and any addenda issued before the bid/proposal submission date. Such addenda shall form a part of the SOLICITATION and shall be made a part of the contract. It shall be the Vendor's responsibility to ascertain that the bid/proposal includes all addenda issued prior to the bid/proposal submission date. Addenda will be posted on the City's Procurement Portal along with the SOLICITATION. The terms of the SOLICITATION and the selected Vendor’s bid/proposal and any additional documentation (e.g. questions and answers) provided by the Vendor during the solicitation process will be integrated into the final contract for services entered into between the City and the selected Vendor. The Vendor shall determine, by personal examination and by such other means as may be preferred, the conditions and requirements under which the agreement must be performed. 7.2. PROPOSER’S RESPONSIBILITIES Proposers are required to submit their bids/proposals upon the following express conditions: A. Proposers shall thoroughly examine the drawings, specifications, schedules, instructions and all other contract documents. B. Proposers shall make all investigations necessary to thoroughly inform themselves regarding delivery of material, equipment or services as required by the SOLICITATION conditions. No plea of ignorance, by the proposer, of conditions that exist or that may hereafter exist as a result of failure or omission on the part of the proposer to make the necessary examinations and investigations, or failure to fulfill in every detail the requirements of the contract documents, will be accepted as a basis for varying the requirements of the City or the compensation due the proposer. 574 22 C. Proposers are advised that all City contracts are subject to all legal requirements provided for in the City of Hollywood Charter, Code of Ordinances and applicable County Ordinances, State Statutes and Federal Statutes. 7.3. PREPARATION OF BIDS/PROPOSALS Bids/proposals will be prepared in accordance with the following: A. The City’s enclosed bid/proposal Forms, in their entirety, are to be used in submitting your bid/proposal. NO OTHER FORM WILL BE ACCEPTED. B. All information required by the bid/proposal form shall be furnished. The proposer shall sign each continuation sheet (where indicated) on which an entry is made. C. Prices shall be shown and where there is an error in the extension of prices, the unit price shall govern. The City of Hollywood is exempt from payment to its vendors of State of Florida sales tax and, therefore, such taxes should not be figured into the SOLICITATION. However, this exemption does not apply to suppliers to the City in their (supplier) purchases of goods or services, used in work or goods supplied to the City. Proposers are responsible for any taxes, sales or otherwise, levied on their purchases, subcontracts, employment, etc. An exemption certificate will be signed where applicable, upon request. The City will pay no sales tax. 7.4. DESCRIPTION OF SUPPLIES Any manufacturer's names, trade names, brand names, or catalog numbers used in these applications are for the purpose of describing and establishing minimum requirements or level of quality, standards of performance, and design required, and are in no way intended to prohibit the bidding of other manufacturers' items of equal material, unless specifications state "NO SUBSTITUTIONS." Proposers must indicate any variances to the specifications, terms, and conditions, no matter how slight. If variations are not stated in the bid/proposal, it shall be construed that the bid/proposal fully complies with the Specifications, Terms and Conditions. Proposers are required to state exactly what they intend to furnish; otherwise they sh all be required to furnish the items as specified. Proposers will submit, with their bid/proposal, necessary data (factory information sheets, specifications, brochures, etc.) to evaluate and determine the quality of the item(s) they are proposing. The City shall be the sole judge of equality and its decision shall be final. 7.5. ADDENDA The Procurement Services Division may issue an addendum in response to any inquiry received, prior to bid/proposal opening, which changes, adds to or clarifies the terms, provisions or requirements of the solicitation. The Proposer should not rely on any representation, statement or explanation, whether written or verbal, other than those made in this solicitation document or in any addenda issued. Where there appears to be a conflict between this solicitation and any 575 23 addendum, the last addendum issued shall prevail. It is the proposer’s responsibility to ensure receipt of all addenda and any accompanying documents. Proposer(s) shall acknowledge receipt of any formal Addenda by signing the addendum and including it with their bid/proposal. Failure to include signed formal addenda in its bid/proposal shall cause the City to deem the bid/proposal non-responsive provided, however, that the City may waive this requirement in its best interest. 7.6. REJECTION OF BIDS/PROPOSALS The City may reject a bid/proposal if: A. The Proposer fails to acknowledge receipt of an addendum, or if B. The Proposer misstates or conceals any material fact in the bid/proposal, or if C. The bid/proposal does not strictly conform to the law or requirements of the SOLICITATION, or if D. The City is under a pre-lawsuit claim or current litigation with the proposer. The City may reject all bids/proposals whenever it is deemed in the best interest of the City to do so, and may reject any part of a bid/proposal unless the bid/proposal has been qualified as provided in herein. 7.7. WITHDRAWAL OF BIDS/PROPOSALS A. May not be withdrawn and shall be deemed enforceable for a period of 180 days after the time set for the SOLICITATION opening. B. Bids/proposals may be withdrawn prior to the time set for the SOLICITATION opening via the Portal. C. The City will permanently retain as liquidated damages the bid deposit furnished by any proposer who requests to withdraw a bid/proposal after the SOLICITATION opening. 7.8. BIDS/PROPOSALS TO REMAIN OPEN All bids/proposals shall remain open for 180 calendar days after the day of the bid/proposal opening, but the City may, at its sole discretion, release any bid/proposal and return the bid/proposal Security prior to that date. Extensions of time when bids/proposals shall remain open beyond the 180 day period may be made only by mutual written agreement between the City, the successful Proposer and the surety, if any, for the successful Proposer. 7.9. LATE BIDS/PROPOSALS OR MODIFICATIONS Only bids/proposals received as of the opening date and time will be considered timely. Bids/proposals and modifications received after the time set for the opening will be returned un- opened to the sender and rejected as late. 7.10. CONFLICTS WITHIN THE SOLICITATION Where there appears to be a conflict between the General Terms and Conditions, Special Conditions, the Technical Specifications, the SOLICITATION Submittal Section, or any 576 24 addendum issued, the order of precedence shall be the last addendum issued, the SOLICITATION Submittal Section, the Technical Specifications, the Special Conditions, and then the General Terms and Conditions. 7.11. CLARIFICATION OR OBJECTION TO BID/PROPOSAL SPECIFICATIONS If any person contemplating submitting a bid/proposal for this contract is in doubt as to the true meaning of the specifications or other SOLICITATION documents or any part thereof, they may submit requests for clarification to the Procurement Services Division on or before the date specified for a request for clarification. All such requests for clarification shall be made in writing and the person submitting the request will be responsible for its prompt delivery. Any interpretation of the SOLICITATION, if made, will be made only by Addendum duly issued. A copy of such Addendum will be made available to each person receiving a Solicitation. The City will not be responsible for any other explanation or interpretation of the SOLICITATION given prior to the award of the contract. Any objection to the specifications and requirements as set forth in this SOLICITATION must be filed in writing with the Chief Procurement Officer on or before the date specified for a request for clarification. 7.12. COMPETENCY OF PROPOSERS Pre-award inspection of the Proposer’s facility may be made prior to the award of a contract. Bids/proposals will be considered only from firms which are regularly engaged in the business of providing the goods and/or services as described in this SOLICITATION(s); have a record of performance for a reasonable period of time; and have sufficient financial support, equipment and organization to ensure that they can satisfactorily deliver the material and/or services if awarded a Contract under the terms and conditions herein stated. The terms "equipment and organization" as used herein shall be construed to mean a fully equipped and well established company in line with the best business practices in the industry and as determined by the proper authorities of the City. The City may consider any evidence available to it of the financial, technical and other qualifications and abilities of a proposer, including past performance (experience) in making the award in the best interest of the City. In all cases the City of Hollywood shall have no liability to any proposer for any costs or expense incurred in connection with this SOLICITATION or otherwise. 7.13. QUALIFICATIONS OF PROPOSERS No Bid/proposal will be accepted from, nor will any contract be awarded to any person who is in arrears to the City upon any debt or contract, or who is a defaulter, as surety or otherwise, upon any obligation to City, or who is deemed responsible or unreliable by the City. As part of the bid/proposal evaluation process, City may conduct a background investigation including a record check by the Hollywood Police Department. Proposer’s submission of a bid/proposal constitutes acknowledgment of the process and consent to such investigation. City shall be the sole judge in determining a Proposer’s qualifications. 577 25 7.14. CONSIDERATION OF BIDS/PROPOSALS In cases where an item requested is identified by a manufacturer's name, trade name, catalog number, or reference, it is understood that the Vendor proposes to furnish the item so identified and does not propose to furnish an "equal" unless the proposed "equal" is pre-approved by the City. References to any of the above are intended to be descriptive but not restrictive and only indicate articles that will be satisfactory. A bid/proposal of an "equal" will be considered, provided that the Vendor states in his bid/proposal exactly what he proposes to furnish, including sample, illustration, or other descriptive matter which will clearly indicate the character of the article covered by such bid/proposal. The designated City representative hereby reserves the right to approve as an “equal”, or to reject as not being an “equal”, any article proposed which contains major or minor variations from specifications requirements. 7.15. AWARD OF CONTRACT If the Contract is to be awarded, it will be awarded, after evaluation by the City, to the responsible and responsive Proposer whom the City determines will be in the best interests of the City and not necessarily to the lowest cost Proposer. Proposers may be invited to an oral interview before the committee. A short list of finalists will be determined and presented to either the City Manager or his/her designee or to the City Commission, in accordance with the applicable City of Hollywood Code of Ordinances, and will make the final ranking for the purposes of negotiating a contract with the top ranked firm. The successful Proposer shall be required to sign a negotiated contract; the refusal or failure of a successful Proposer to execute a contract which contains the mandatory material terms and conditions contained in the SOLICITATION, shall be grounds for deeming the Proposer and/or the Proposer’s bid/proposal non-responsive. If applicable, the Proposer to whom award is made shall execute a written contract prior to award by the City Commission. If the Proposer to whom the first award is made fails to enter into a contract as herein provided, the Contract may be let to the next highest ranked Proposer who is responsible and responsive in the opinion of the City. 7.16. BASIS FOR AWARD, EVALUATION CRITERIA AND QUESTIONS The qualification of bid/proposal responders on this project will be considered in making the award. The City is not obligated to accept any bid/proposal if deemed not in the best interest of the City to do so. The City shall make award to a qualified proposer based on fees submitted and responses to this SOLICITATION. Failure to include in the bid/proposal all information outlined herein may be cause for rejection of the bid/proposal. The City reserves the right to accept or reject any and all bids/proposals, in whole or in part, as determined to be in the best interest of the City in its sole discretion. The City reserves the right to waive any informalities or irregularities in bids/proposals. The City reserves the right to negotiate separately the terms and conditions or all or any part of the bids/proposals as deemed to be in the City’s best interest in its sole discretion. 578 26 Information and/or factors gathered during interviews, negotiations and any reference checks, and any other information or factors deemed relevant by the City, shall be utilized in the final award. The final award of a contract is subject to approval by the City Commission. 7.17. AGREEMENT An agreement shall be sent to the awarded proposer to be signed, witnessed, and returned to the City for execution. The City will provide a copy of the fully executed agreement to the awarded proposer. 7.18. NOTICE TO PROCEED A signed purchase order, blanket purchase order or fully executed agreement will be the Proposer's authorization to proceed and may substitute for a "Notice to Proceed" form. 7.19. BID PROTESTS The City shall provide notice of its intent to award or reject to all proposers by posting such notice on the City’s website. After a notice of intent to award a contract is posted, any actual or prospective proposer who is aggrieved in connection with the pending award of the contract or any element of the process leading to the award of the contract may protest to the Director of Procurement Services. A protest must be filed within five business days after posting or any right to protest is forfeited. The protest must be in writing, must identify the name and address of the protester, and must include a factual summary of, and the basis for, the protest. Filing shall be considered complete when the protest, including a deposit, is received by the Procurement Services Division. Failure to file a protest within the time-frame specified herein shall constitute a full waiver of all rights to protest the City’s decision regarding the award. The written protest shall state in detail the specific facts and law or ordinance upon which the protest of the proposed award is based, and shall include all pertinent documents. A written protest may not challenge the relative weight of evaluation criteria or a formula for assigning points. Upon receipt of a formal written protest, the City shall stop award proceedings until resolution of the protest; unless it has been determined that the award of the contract without delay is necessary to protect substantial interests of the City. Any and all costs incurred by a protesting party in connection with a bid protest shall be the sole responsibility of the protesting party. Upon receipt of a protest of the pending award of a contract, a copy of the protest shall promptly be forwarded to the City Attorney. The City Attorney shall thereupon review the charge to determine its sufficiency, including whether the protest was timely filed. If upon review the City Attorney determines that the charge is insufficient, the City Attorney may issue a summary dismissal of the protest. If upon review the City Attorney determines that the charge is sufficient, a hearing of the protest committee shall be scheduled. 579 27 A protest committee shall have the authority to review, settle and resolve the protest. The committee shall consist of three members appointed by the City Manager. The committee’s review shall be informal. If the protest committee determines that the pending award of a contract or any element of the process leading to the award involved a significant violation of law or applicable rule or regulation, all steps necessary and proper to correct the violation shall be taken. If the committee determines that the protest is without merit, The Director shall promptly issue a decision in writing stating the reason for the decision and furnish a copy to the protester and any other interested party, and the process leading to the award shall proceed. 7.20. PREPARATION OF BIDS/PROPOSALS Bids/proposals shall be prepared in accordance with the bid/proposal response format. Bids/proposals not complying with this format may be considered non-responsive and may be removed from consideration on this basis. Requirements for Signing Bid/Proposal: A. Each proposer, by making a bid/proposal, represents that this document has been read and is fully understood. B. The bid/proposal must be signed in ink by an individual authorized to legally bind the person, partnership, company, or corporation submitting the bid/proposal. C. All manual signatures must have the name typed directly under the line of the signature. D. The above requirements apply to all SOLICITATION addenda. 7.21. EXAMINATION OF BID/PROPOSAL DOCUMENTS Before submitting a bid/proposal, each Proposer must: examine the bid/proposal Documents thoroughly; consider federal, state and local laws, ordinances, rules and regulations that may in any manner affect cost, progress, performance, or provision of the commodities and/or services; study and carefully correlate Proposer’s observations with the bid/proposal Documents, and notify the City’s agent of all conflicts, errors and discrepancies in the bid/proposal Documents. The submission of a bid/proposal will constitute an incontrovertible representation by the Proposer, that the Proposer has complied with every requirement of this SOLICITATION, that without exception, the bid/proposal is premised upon performing the services and/or furnishing the commodities and materials in accordance with such means, methods, techniques, sequences or procedures as may be indicated in or required by the bid/proposal Documents, and that the bid/proposal Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions of performance and furnishing of the goods and/or services. 7.22. PUBLIC RECORDS LAW If applicable, for each public agency contract for services, the Proposer is required to comply with F.S. 119.0701, which includes the following: 580 28 A. Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service. B. Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in F.S. Chapter 119 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. D. Meet all requirements for retaining public records and transfer, at no cost, to the public agency, all public records in possession of the proposer upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. Public records may be inspected and examined by anyone desiring to do so, at a reasonable time, under reasonable conditions, and under supervision by the custodian of the public record. Sealed Bids/proposals become subject to the public records disclosure requirements of F.S. Chapter 119, notwithstanding a proposers' request to the contrary, at the time the City provides notice of a decision or intended decision, or 30 days after the bid/proposal opening, whichever is earlier. Financial statements submitted in response to a request by the City may be confidential and exempt from disclosure. Data processing software obtained under a licensing agreement which prohibits its disclosure may also exempt. Proposers are hereby notified and agree that all information submitted as part of, or in support of SOLICITATION submittals will be available for public inspection after opening of SOLICITATION in compliance with Chapter 119 of the Florida Statutes. The proposer shall not, unless required as part of this SOLICITATION, submit any information in response to this invitation which the proposer considers to be a trade secret, proprietary or confidential. The submission, not required as part of this this SOLICITATION, of any information to the City in connection with this invitation shall be deemed conclusively to be a waiver of any trade secret or other protection, which would otherwise be available to the proposer. 7.23. INFORMATION For information concerning procedure for responding to this Solicitation (SOLICITATION), contact the Point of Contact in the #INTRODUCTION section. Such contact shall be for clarification purposes only. It is preferred that all other questions be submitted in writing via the Portal at least 10 calendar days prior to the bid/proposal due/opening date. 581 29 7.24. BIDS/PROPOSALS The bid/proposal must be signed by one duly authorized to do so and in cases where the bid/proposal is signed by a deputy or subordinate, the principal’s proper written grant of authority to such deputy or subordinate must accompany the bid/proposal. Bids/proposals by corporations must be executed in the corporate name by the President or other corporate officers accompanied by evidence of authority to sign. The corporate address and state of incorporation must be shown below the signature. Bids/proposals by partnerships must be executed in the partnership name and signed by a general partner whose title must appear under the signature and the official address of the partnership must be shown below the signature. 7.25. MODIFICATION AND WITHDRAWAL OF BIDS/PROPOSALS Bids/proposals must be modified or withdrawn electronically via the Portal. A request for withdrawal or a modification must be via the Portal by a person duly authorized to do so. Withdrawal of a bid/proposal will not prejudice the rights of a Proposer to submit a new bid/proposal prior to the bid/proposal date and time. Except where provided in the following paragraph no bid/proposal may be withdrawn or modified after expiration of the period for receiving bids/proposals. If, within twenty-four (24) hours after bids/proposals are opened, any Proposer files a duly signed written notice with the City and within five (5) calendar days thereafter demonstrates to the reasonable satisfaction of the City by clear and convincing evidence that there was a material and substantial mistake in the preparation of its bid/proposal, or that the mistake is clearly evident on the face of the bid/proposal but the intended correct bid/proposal is not similarly evident, then the Proposer may withdraw its bid/proposal and the bid/proposal Security will be returned. 7.26. REJECTION OF BIDS/PROPOSALS To the extent permitted by applicable state and federal laws and regulations, the City reserves the right to reject any and all bids/proposals, to waive any and all informalities, irregularities and technicalities not involving price, time or changes in the commodities and/or services, and the right to disregard all nonconforming, non-responsive, unbalanced or conditional bids/proposals. Bids/proposals will be considered irregular and may be rejected if they show serious omissions, alterations in form, additions not called for, conditions or unauthorized alterations or irregularities of any kind. The City also reserves the right to waive minor technical defects in a bid/proposal. The City reserves the right to determine, in its sole discretion, whether any aspect of a bid/proposal satisfies the criteria established in this Solicitation. The City reserves the right to reject the bid/proposal of any Proposer if the City believes that it would not be in the best interest of the City to make an award to that Proposer, whether because the bid/proposal is not responsive or the Proposer is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criterion established by City. The foregoing reasons for rejection of bids/proposals are not intended to be exhaustive. 582 30 7.27. OPEN END CONTRACT No guarantee is expressed or implied as to the total quantity of commodities/services to be purchased under any open end contract. Estimated quantities will be used for bid/proposal comparison purposes only. The City reserves the right to issue purchase orders as and when required, or a blanket purchase order and release partial quantities as and when required or any combination of the preceding. ORDERING: The CITY reserves the right to purchase commodities/services specified herein through Contracts established by other governmental agencies or through separate procurement actions due to unique or special needs. If an urgent delivery is required within a period shorter than the delivery time specified in the contract, and if the seller is unable to comply therewith, the City reserves the right to obtain such delivery from others without penalty or prejudice to the City or to the Proposer. 7.28. AUDIT RIGHTS The City reserves the right to audit the records of the successful Proposer for the commodities and/or services provided under the Contract at any time during the performance and term of the Contract and for a period of three (3) years after completion and acceptance by the City. If required by the City, the successful Proposer agrees to submit to an audit by an independent certified public accountant selected by the City. The successful Proposer shall allow the City to inspect, examine and review the records of the successful Proposer in relation to this contract at any and all times during normal business hours during the term of the Contract. 7.29. LOCAL, STATE AND FEDERAL COMPLIANCE REQUIREMENTS The Proposer shall comply with all local, state and federal directives, orders and laws as applicable to this SOLICITATION and subsequent contract(s) including, but not limited to: A. Equal Employment Opportunity (EEO), in compliance with Executive Order 11246 as amended and applicable to this contract. B. All manufactured items and fabricated assemblies shall comply with applicable requirements of the Occupation Safety and Health Act of 1970 as amended, and be in compliance with Chapter 442, Florida Statutes. Any toxic substance listed in Section 38F-41.03 of the Florida Administrative Code delivered as a result of this order must be accompanied by a completed Material Safety Data Sheet (MSDS). C. The Immigration and Nationality Act prohibits (i) the employment of an unauthorized alien when the employer knows the individual is an unauthorized alien and (ii) the employment of an individual without complying with the requirements of the federal employment verification system. If a proposer commits either of these violations, such violation shall be cause for unilateral cancellation of the contract. D. This Section applies only to any contract for goods or services of $1 million or more: The Proposer certifies that it is not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List and that it does not have business operations in Cuba or Syria as provided in section 583 31 287.135, Florida Statutes (2011), as may be amended or revised. The City may terminate this Contract at the City’s option if the Proposer is found to have submitted a false certification as provided under subsection (5) of section 287.135, Florida Statutes (2011), as may be amended or revised, or been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or has engaged in business operations in Cuba or Syria, as defined in Section 287.135, Florida Statutes (2011), as may be amended or revised. 7.30. FRAUD AND MISREPRESENTATION Any individual, corporation or other entity that attempts to meet its contractual obligations with the City through fraud, misrepresentation or material misstatement, may be debarred from doing business with the City. The City as further sanction may terminate or cancel any oth er contracts with such individual, corporation or entity. Such individual or entity shall be responsible for all direct or indirect costs associated with termination or cancellation, including attorney’s fees. 7.31. DEBARRED OR SUSPENDED BIDDERS OR PROPOSERS The proposer certifies, by submission of a response to this solicitation, that neither it nor its principals and subproposers are presently debarred or suspended by any Federal department or agency. 7.32. COLLUSION More than one bid/proposal received for the same work from an individual, firm, partnership, corporation or association under the same or different names will not be considered. Reasonable grounds for believing that any Proposer is interested in more than one bid/proposal for the same work will cause the rejection of such bin which the Proposer is interested. If there are reasonable grounds for believing that collusion exists among the Proposers, the bids/proposals of participants in such collusion will not be considered. 7.33. COPELAND "ANTI-KICKBACK" The Proposer and all subproposers will comply with the Copeland Anti-Kickback Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR Part 3). 7.34. FORCE MAJEURE The Agreement which is awarded to the successful proposer may provide that the per formance of any act by the City or Proposer hereunder may be delayed or suspended at any time while, but only so long as, either party is hindered in or prevented from performance by acts of God, the elements, war, rebellion, strikes, lockouts or any cause beyond the reasonable control of such party, provided however, the City shall have the right to provide substitute service from third parties or City forces and in such event the City shall withhold payment due the Proposer for such period of time. If the condition of force majeure exceeds a period of 14 days the City may, at its option and discretion, cancel or renegotiate this Agreement. 7.35. PUBLIC ENTITY CRIMES 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 proposal on a contract to provide any goods or services to a 584 32 public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a proposer, supplier, subproposer, 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 Florida Statutes, Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 7.36. DRUG-FREE WORKPLACE PROGRAM Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids/proposals which are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid/proposal received from a business that certifies that it has implemented a drug- free workplace program shall be given preference in the award process. Established procedures for processing tie bids/proposals will be followed if none of the tied vendors have a drug-free workplace program. 7.37. SOLICITATION, GIVING, AND ACCEPTANCE OF GIFTS POLICY Proposer shall sign and submit the attached form indicating understanding and compliance with the City's and State's policies prohibiting solicitation and acceptance of gifts by public officers, employees and candidates. Failure to submit the signed form will result in your bid/proposal being declared non-responsive; provided, however, that a responsible proposer whose bid/proposal would be responsive but for the failure to submit the signed form in its bid/proposal may be given the opportunity to submit the form to the City within five calendar days after notification by the City, if this is determined to be in the best interest of the City. 7.38. CONFLICT OF INTEREST The Proposer represents that: No officer, director, employee, agent, or other consultant of the City or a member of the immediate family or household of the aforesaid has directly or indirectly received or been promised any form of benefit, payment or compensation, whether tangible or intangible, in connection with the grant of this Agreement. There are no undisclosed persons or entities interested with the Proposer in this Agreement. This Agreement is entered into by the Proposer without any connection with any other entity or person making a bid/proposal for the same purpose, and without collusion, fraud or conflict of interest. No elected or appointed officer or official, director, employee, agent or other consultant of the City, or of the State of Florida (including elected and appointed members of the legislative and executive branches of government), or member of the immediate family or household of any of the aforesaid: A. Is interested on behalf of or through the Proposer directly or indirectly in any manner whatsoever in the execution or the performance of this Agreement, or in the services, supplies or work, to which this Agreement relates or in any portion of the revenues; or B. Is an employee, agent, advisor, or consultant to the Proposer or to the best of the Proposer’s knowledge, any subproposer or supplier to the Proposer. 585 33 Neither the Proposer nor any officer, director, employee, agent, parent, subsidiary, or affiliate of the Proposer shall have an interest which is in conflict with the Proposer’s faithful performance of its obligations under this Agreement; provided that the City, in its sole discretion, may consent in writing to such a relationship, and provided the Proposer provides the City with a written notice, in advance, which identifies all the individuals and entities involved and sets forth in detail the nature of the relationship and why it is in the City's best interest to consent to such relationship. The provisions of this Article are supplemental to, not in lieu of, all applicable laws with respect to conflict of interest. In the event there is a difference between the standards applicable under this Agreement and those provided by statute, the stricter standard shall apply. In the event the Proposer has no prior knowledge of a conflict of interest as set forth above and acquires information which may indicate that there may be an actual or apparent violation of any of the above, the Proposer shall promptly bring such information to the attention of the City's Project Manager. The Proposer shall thereafter cooperate with the City's review and investigation of such information, and comply with the instructions the Proposer receives from the Project Manager in regard to remedying the situation. 7.39. DISCRIMINATION Any entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid/proposal on a contract to provide goods or services to a public entity, may not submit a bid/proposal on a contract with a public entity for construction or repair of a public building or public work, may not submit bids/proposals on leases of real property to a public entity, may not award or perform work as a proposer, supplier, subproposer, or consultant under contract with any public entity, and may not transact business with any public entity. 7.40. ADVICE OF OMISSION OR MISSTATEMENT In the event it is evident to a Vendor responding to this SOLICITATION that the City has omitted or misstated a material requirement to this SOLICITATION and/or the services required by this SOLICITATION, the responding Vendor shall advise the contact identified in the SOLICITATION Clarifications and Questions section above of such omission or misstatement. 7.41. CONFIDENTIAL INFORMATION Information contained in the Vendor’s bid/proposal that is company confidential must be clearly identified in the bid/proposal itself. The City will be free to use all information in the Vendor's bid/proposal for the City’s purposes, in accordance with State Law. Vendor bids/proposals shall remain confidential for 30 days or until a notice of intent to award is posted, which is sooner. The Vendor understands that any material supplied to the City may be subject to public disclosure under the Public Records Law. 7.42. GOVERNING LAW This Contract, including appendices, and all matters relating to this Contract (whether in contract, statute, tort (such as negligence), or otherwise) shall be governed by, and construed in accordance with, the laws of the State of Florida. This shall apply notwithstanding such factors which include, but are not limited to, the place where the contract is entered into, the place where the accident occurs and not withstanding application of conflicts of law principles. 586 34 7.43. LITIGATION VENUE The parties waive the privilege of venue and agree that all litigation between them in the state courts shall take place in Broward County, Florida and that all litigation between them in the federal courts shall take place in the Southern District of Florida. 7.44. SOVEREIGN IMMUNITY Nothing in this agreement shall be interpreted or construed to mean that the city waives its common law sovereign immunity or the limits of liability set forth in Section 768.28, Florida Statute. 7.45. SURVIVAL The parties acknowledge that any of the obligations in this Agreement will survive the term, termination and cancellation hereof. Accordingly, the respective obligations of the Proposer and the City under this Agreement, which by nature would continue beyond the termination, cancellation or expiration thereof, shall survive termination, cancellation or expiration hereof. 7.46. INDEMNIFICATION AND HOLD HARMLESS AGREEMENT The Contractor shall indemnify and hold harmless the City of Hollywood and its officers, employees, agents and instrumentalities from any and all liability, losses or damages. In addition, the City shall be entitled to attorney’s fees and costs of defense, which the City of Hollywood, or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this project by the awarded proposer or its employees, agents, servants, partners, principals or subcontractors. Furthermore, the awarded proposer shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind of nature in the name of the City of Hollywood, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney’s fees which may issue thereon. The awarded proposer expressly understands and agrees that any insurance protection required by the resulting agreement or otherwise provided by the awarded proposer shall cover the City of Hollywood, its officers, employees, agents and instrumentalities and shall include claims for damages resulting from and/or caused by the negligence, recklessness or intentional wrongful misconduct of the Contractor and persons employed by or utilized by the Contractor in the performance of the contract. 7.47. PATENT AND COPYRIGHT INDEMNIFICATION The Proposer warrants that all deliverables furnished hereunder, including but not limited to: services, equipment programs, documentation, software, analyses, applications, methods, ways, processes, and the like, do not infringe upon or violate any patent, copyrights, service marks, trade secret, or any other third party proprietary rights. The Proposer shall be liable and responsible for any and all claims made against the City for infringement of patents, copyrights, service marks, trade secrets or any other third party proprietary rights, by the use or supplying of any programs, documentation, software, analyses, applications, methods, ways, processes, and the like, in the course of performance or completion of, or in any way connected with, the work, or the City's continued use of the deliverables furnished hereunder. Accordingly, the Proposer, at its own expense, including the payment of attorney's 587 35 fees, shall indemnify, and hold harmless the City and defend any action brought against the City with respect to any claim, demand, and cause of action, debt, or liability. In the event any deliverable or anything provided to the City hereunder, or a portion thereof, is held to constitute an infringement and its use is or may be enjoined, the Proposer shall have the obligation, at the City's option, to (i) modify, or require that the applicable subproposer or supplier modify, the alleged infringing item(s) at the Proposer’s expense, without impairing in any respect the functionality or performance of the item(s), or (ii) procure for the City, at the Proposer's expense, the rights provided under this Agreement to use the item(s). The Proposer shall be solely responsible for determining and informing the City whether a prospective supplier or subproposer is a party to any litigation involving patent or copyright infringement, service mark, trademark, violation, or proprietary rights claims or is subject to any injunction which may prohibit it from providing any deliverable hereunder. The Proposer shall enter into agreements with all suppliers and subproposers at the Proposer's own risk. The City may reject any deliverable that it believes to be the subject of any such litigation or injunction, or if, in the City's judgment, use thereof would delay the work or be unlawful. The Proposer shall not infringe any copyright, trademark, service mark, trade secrets, patent rights, or other intellectual property rights in the performance of the work. 7.48. ADVERTISING Vendor shall not advertise or publish the fact that the City has placed this order without prior written consent from the City, except as may be necessary to comply with a proper request for information from an authorized representative of a governmental unit or agency. 7.49. DISCLAIMER The Hollywood may, in its sole discretion, accept or reject, in whole or in part, for any reason whatsoever any or all bids/proposals; re-advertise this SOLICITATION, postpone or cancel at any time this SOLICITATION process; or, waive any formalities of or irregularities in the bid/proposal process. Bids/proposals that are not submitted on time and/or do not conform to the City of Hollywood’s requirements will not be considered. After all bids/proposals are analyzed, organization(s) submitting bid/proposal that appear, solely in the opinion of the City of Hollywood, to be the most competitive, shall be submitted to the City of Hollywood’s City Commission, and the final selection will be made shortly thereafter with a timetable set solely by the City of Hollywood. The selection by the City of Hollywood shall be based on the bid/proposal, which is, in the sole opinion of the City Commission of the City of Hollywood, in the best interest of the City of Hollywood. The issuance of this SOLICITATION constitutes only an invitation to make a bid/proposal to the City of Hollywood. The City of Hollywood reserves the right to determine, in its sole discretion, whether any aspect of the bid/proposal satisfies the criteria established by the City. In all cases the City of Hollywood shall have no liability to any proposer for any costs or expense incurred in connection with this bid/proposal or otherwise. 7.50. TRADEMARKS The City warrants that all trademarks the City requests the Vendor to affix to articles purchased are those owned by the City and it is understood that the Vendor shall not acquire or claim any rights, title, or interest therein, or use any of such trademarks on any articles produced for itself or anyone other than the City. 588 36 7.51. RIGHT TO REQUEST ADDITIONAL INFORMATION The City reserves the right to request any additional information that might be deemed necessary during the evaluation process. 7.52. PROPOSAL PREPARATION COSTS The Vendor is responsible for any and all costs incurred by the Vendor or his/her subproposers in responding to this solicitation. 7.53. DESIGN COSTS The successful Vendor shall be responsible for all design, information gathering, and required programming to achieve a successful implementation. This cost must be included in the base bid/proposal. 7.54. ADDITIONAL CHARGES No additional charges, other than those listed on the price breakdown sheets, shall be made. Prices quoted will include verification/coordination of order, all costs for shipping, delivery to all sites, unpacking, setup, installation, operation, testing, cleanup, training and Vendor travel charges. 7.55. RIGHTS TO PERTINENT MATERIALS All responses, inquires, and correspondence relating to this SOLICITATION and all reports, charts, displays, schedules, exhibits and other documentation produced by the Vendor that are submitted as part of the bid/proposal shall become the property of the City upon receipt, a part of a public record upon opening, and will not be returned. 7.56. INSURANCE REQUIREMENTS See insurance requirements in the main solicitation document. 7.57. NATURE OF THE AGREEMENT The Agreement incorporates and includes all negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained in the Agreement. The parties agree that there are no commitments, agreements, or understandings concerning the subject matter of the Agreement that are not contained in the Agreement, and that the Agreement contains the entire agreement between the parties as to all matters contained herein. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that any oral representations or modifications concerning this Agreement shall be of no force or effect, and that the Agreement may be modified, altered or amended only by a written amendment duly executed by both parties hereto or their authorized representatives. The Proposer shall provide the services set forth in the Scope of Services, and render full and prompt cooperation with the City in all aspects of the services performed hereunder. The Proposer acknowledges that the Agreement requires the performance of all things necessary for or incidental to the effective and complete performance of all work and services under t his Contract. All things not expressly mentioned in the Agreement but necessary to carrying out its 589 37 intent are required by the Agreement, and the Proposer shall perform the same as though they were specifically mentioned, described and delineated. The Proposer shall furnish all labor, materials, tools, supplies, and other items required to perform the work and services that are necessary for the completion of this Contract. All work and services shall be accomplished at the direction of and to the satisfaction of the City's Project Manager. The Proposer acknowledges that the City shall be responsible for making all policy decisions regarding the Scope of Services. The Proposer agrees to provide input on policy issues in the form of recommendations. The Proposer agrees to implement any and all changes in providing services hereunder as a result of a policy change implemented by the City. The Proposer agrees to act in an expeditious and fiscally sound manner in providing the City with input regarding the time and cost to implement said changes and in executing the activities required to implement said changes. 7.58. AUTHORITY OF THE CITY’S PROJECT MANAGER The Proposer hereby acknowledges that the City’s Project Manager will determine in the first instance all questions of any nature whatsoever arising out of, under, or in connection with, or in any way related to or on account of, this Agreement including without limitations: questions as to the value, acceptability and fitness of the services; questions as to either party's fulfillment of its obligations under the Contract; negligence, fraud or misrepresentation before or subsequent to acceptance of the Bid/proposal; questions as to the interpretation of the Scope of Services; and claims for damages, compensation and losses. The Proposer shall be bound by all determinations or orders and shall promptly obey and follow every order of the Project Manager, including the withdrawal or modification of any previous order and regardless of whether the Proposer agrees with the Project Manager's determination or order. Where orders are given orally, they will be issued in writing by the Project Manager as soon thereafter as is practicable. The Proposer must, in the final instance, seek to resolve every difference concerning the Agreement with the Project Manager. In the event that the Project Manager and the Proposer are unable to resolve their difference, the Proposer may initiate a dispute in accordance with the procedures set forth in the section below. Exhaustion of these procedures shall be a condition precedent to any lawsuit permitted hereunder. In the event of such dispute, the parties to this Agreement authorize the City Manager or designee, who may not be the Project Manager or anyone associated with this Project, acting personally, to decide all questions arising out of, under, or in connection with, or in any way related to or on account of the Agreement (including but not limited to claims in the nature of breach of contract, fraud or misrepresentation arising either before or subsequent to execution hereof) and the decision of each with respect to matters within the City Manager's purview as set forth above shall be conclusive, final and binding on the parties. Any such dispute shall be brought, if at all, before the City Manager within 10 days of the occurrence, event or act out of which the dispute arises. The City Manager may base this decision on such assistance as may be desirable, including advice of experts, but in any event shall base the decision on an independent and objective determination of whether the Proposer’s performance or any deliverable meets the requirements of this Agreement and any specifications with respect thereto set forth herein. The effect of any 590 38 decision shall not be impaired or waived by any negotiations or settlements or offers made in connection with the dispute, whether or not the City Manager participated therein, or by any prior decision of others, which prior decision shall be deemed subject to review, or by any termination or cancellation of the Agreement. All such disputes shall be submitted in writing by t he Proposer to the City Manager for a decision, together with all pertinent information in regard to such questions, in order that a fair and impartial decision may be made. The parties agree that whenever the City Manager is entitled to exercise discretion or judgment or to make a determination or form an opinion pursuant to the provisions of this Article, such action shall be deemed fair and impartial when exercised or taken. The City Manager shall render a decision in writing and deliver a copy of the same to the Proposer. Except as such remedies may be limited or waived elsewhere in the Agreement, the Proposer reserves the right to pursue any remedies available under law after exhausting the provisions of this Article. 7.59. MUTUAL OBLIGATIONS This Agreement, including attachments and appendices to the Agreement, shall constitute the entire Agreement between the parties with respect hereto and supersedes all previous communications and representations or agreements, whether written or oral, with respect to the subject matter hereof unless acknowledged in writing by the duly authorized representatives of both parties. Nothing in this Agreement shall be construed for the benefit, intended or otherwise, of any third party that is not a parent or subsidiary of a party or otherwise related (by virtue of ownership control or statutory control) to a party. In those situations where this Agreement imposes an indemnity or defense obligation on the Proposer, the City may, at its expense, elect to participate in the defense if the City should so choose. Furthermore, the City may at its own expense defend or settle any such claims if the Proposer fails to diligently defend such claims, and thereafter seek indemnity for costs and attorney’s fees from the Proposer. 7.60. SUBCONTRACTUAL RELATIONS If the Proposer will cause any part of this Agreement to be performed by a subproposer, the provisions of this Contract will apply to such subproposer and its officers, agents and employees in all respects as if it and they were employees of the Proposer; and the Proposer will not be in any manner thereby discharged from its obligations and liabilities hereunder, but will be liable hereunder for all acts and negligence of the subproposer, its officers, agents, and employees, as if they were employees of the Proposer. The services performed by the subproposer will be subject to the provisions hereof as if performed directly by the Proposer. The Proposer, before making any subcontract for any portion of the services, will state in writing to the City the name of the proposed subproposer, the portion of the services which the subproposer is to do, the place of business of such subproposer, and such other information as the City may require. The City will have the right to require the Proposer not to award any subcontract to a person, firm or corporation disapproved by the City. Before entering into any subcontract hereunder, the Proposer will inform the subproposer fully and completely of all provisions and requirements of this Agreement relating either directly or 591 39 indirectly to the services to be performed. Such services performed by such subproposer will strictly comply with the requirements of this Contract. In order to qualify as a subproposer satisfactory to the City, in addition to the other requirements herein provided, the subproposer must be prepared to prove to the satisfaction of the City that it has the necessary facilities, skill and experience, and ample financial resources to perform the services in a satisfactory manner. To be considered skilled and experienced, the subproposer must show to the satisfaction of the City that it has satisfactorily performed services of the same general type which are required to be performed under this Agreement. The City shall have the right to withdraw its consent to a subcontract if it appears to the City that the subcontract will delay, prevent, or otherwise impair the performance of the Proposer's obligations under this Agreement. All subproposers are required to protect the confidentiality of the City and City's proprietary and confidential information. The Proposer shall furnish to the City copies of all subcontracts between the Proposer and subproposers and suppliers hereunder. Within each such subcontract, there shall be a clause for the benefit of the City permitting the City to request completion of performance by the subproposer of its obligations under the subcontract, in the event the City finds the Proposer in breach of its obligations, and the option to pay the subproposer directly for the performance by such subproposer. The foregoing shall neither convey nor imply any obligation or liability on the part of the City to any subproposer hereunder as more fully described herein. 7.61. PROMPT PAYMENT: LATE PAYMENTS BY PROPOSER TO SUBPROPOSER AND MATERIAL SUPPLIERS; PENALTY: When a proposer receives from the City of Hollywood any payment for contractual services, commodities, materials, supplies, or construction contracts, the proposer shall pay such moneys received to each subproposer and material supplier in proportion to the percentage of work completed by each subproposer and material supplier at the time of receipt. If the proposer receives less than full payment, then the proposer shall be required to disburse only the funds received on a pro rata basis to the subproposers and materials Suppliers, each receiving a prorated portion based on the amount due on the payment. If the proposer without reasonable cause fails to make payments required by this section to subproposers and material suppliers within fifteen (15) working days after the receipt by the proposer of full or partial payment, the proposer shall pay to the subproposers and material suppliers a penalty in the amount of one percent (1%) of the amount due, per month, from the expiration of the period allowed herein for payment. Such penalty shall be in addition to actual payments owed. Retainage is also subject to the prompt payment requirement and must be returned to the subproposer or material supplier whose work has been completed, even if the prime contract has not been completed. The Proposer shall include the above obligation in each subcontract it signs with a subproposer or material suppler. 7.62. TERMINATION FOR CONVENIENCE AND SUSPENSION OF WORK The City may terminate this Agreement if an individual or corporation or other entity attempts to meet its contractual obligation with the City through fraud, misrepresentation or material misstatement. 592 40 The City may, as a further sanction, terminate or cancel any other contract(s) that such individual or corporation or other entity has with the City. Such individual, corporation or other entity shall be responsible for all direct and indirect costs associated with such termination or cancellation, including attorney’s fees. The foregoing notwithstanding, any individual, corporation or other entity which attempts to meet its contractual obligations with the City through fraud, misrepresentation or material misstatement may be debarred from City contracting in accordance with the City debarment procedures. The Proposer may be subject to debarment for failure to perform and any other reasons related to the proposer’s breach or failure of satisfactory performance. In addition to cancellation or termination as otherwise provided in this Agreement, the City ma y at any time, in its sole discretion, with or without cause, terminate this Agreement by written notice to the Proposer and in such event: The Proposer shall, upon receipt of such notice, unless otherwise directed by the City: A. Stop work on the date specified in the notice ("the Effective Termination Date"); B. Take such action as may be necessary for the protection and preservation of the City's materials and property; C. Cancel orders; D. Assign to the City and deliver to any location designated by the City any non-cancelable orders for deliverables that are not capable of use except in the performance of this Agreement and which have been specifically developed for the sole purpose of this Agreement and not incorporated in the services; E. Take no action which will increase the amounts payable by the City under this Agreement. In the event that the City exercises its right to terminate this Agreement pursuant to this Article, the Proposer will be compensated as stated in the payment articles herein, for the: A. Portion of the services completed in accordance with the Agreement up to the Effective Termination Date; and B. Non-cancelable deliverables that are not capable of use except in the performance of this Agreement and which have been specifically developed for the sole purpose of this Agreement but not incorporated in the services. All compensation pursuant to this Article is subject to audit. 7.63. EVENT OF DEFAULT An Event of Default shall mean a breach of this Agreement by the Proposer. Without limiting the generality of the foregoing and in addition to those instances referred to herein as a breach, an Event of Default, shall include the following: A. The Proposer has not delivered deliverables on a timely basis; 593 41 B. The Proposer has refused or failed, except in any case for which an extension of time is provided, to supply enough properly skilled staff personnel; C. The Proposer has failed to make prompt payment to subproposers or suppliers for any services; D. The Proposer has become insolvent (other than as interdicted by the bankruptcy laws), or has assigned the proceeds received for the benefit of the Proposer's creditors, or the Proposer has taken advantage of any insolvency statute or debtor/creditor law or if the Proposer's affairs have been put in the hands of a receiver; E. The Proposer has failed to obtain the approval of the City where required by this Agreement; F. The Proposer has failed to provide "adequate assurances" as required under subsection "B" below; and G. The Proposer has failed in the representation of any warranties stated herein. When, in the opinion of the City, reasonable grounds for uncertainty exist with respect to the Proposer's ability to perform the services or any portion thereof, the City may request that the Proposer, within the time frame set forth in the City's request, provide adequate assurances to the City, in writing, of the Proposer's ability to perform in accordance with terms of this Agreement. Until the City receives such assurances the City may request an adjustment to the compensation received by the Proposer for portions of the services which the Proposer has not performed. In the event that the Proposer fails to provide to the City the requested assurances within the prescribed time frame, the City may: A. Treat such failure as a repudiation of this Agreement; B. Resort to any remedy for breach provided herein or at law, including but not limited to, taking over the performance of the services or any part thereof either by itself or through others. In the event the City shall terminate this Agreement for default, the City or its designated representatives may immediately take possession of all applicable equipment, materials, products, documentation, reports and data. 7.64. REMEDIES IN THE EVENT OF DEFAULT If an Event of Default occurs, the Proposer shall be liable for all damages resulting from the default, including but not limited to: A. Lost revenues; B. The difference between the cost associated with procuring services hereunder and the amount actually expended by the City for procurement of services, including procurement and administrative costs; and, C. Such other damages that the City may suffer. 594 42 The Proposer shall also remain liable for any liabilities and claims related to the Proposer’s default. The City may also bring any suit or proceeding for specific performance or for an injunction. 7.65. BANKRUPTCY The City reserves the right to terminate this contract if, during the term of any contract the Proposer has with the City, the Proposer becomes involved as a debtor in a bankruptcy proceeding, or becomes involved in a reorganization, dissolution, or liquidation proceeding, or if a trustee or receiver is appointed over all or a substantial portion of the property of the Proposer under federal bankruptcy law or any state insolvency law. 7.66. CANCELLATION FOR UNAPPROPRIATED FUNDS The obligation of the City for payment to a Proposer is limited to the availability of funds appropriated in a current fiscal period, and continuation of the contract into a subsequent fiscal period is subject to appropriation of funds, unless otherwise authorized by law. 7.67. VERBAL INSTRUCTIONS PROCEDURE No negotiations, decisions, or actions shall be initiated or executed by the Proposer as a result of any discussions with any City employee. Only those communications which are in writing from an authorized City representative may be considered. Only written communications from Proposers, which are signed by a person designated as authorized to bind the Proposer, will be recognized by the City as duly authorized expressions on behalf of the Proposer. 7.68. E-VERIFY Proposer acknowledges that the City may be utilizing the Proposer’s services for a project that is funded in whole or in part by State funds pursuant to a contract between the City and a State agency. The Proposer shall be responsible for complying with the E-Verify requirements in the contract and using the U.S. Department of Homeland Security’s E-Verify system to verify the employment of all new employees hired by the Proposer during the Agreement term. The Proposer is also responsible for e-verifying its subproposers, if any, pursuant to any agreement between the City and a State Agency, and reporting to the City any required information. The Proposer acknowledges that the terms of this paragraph are material terms, the breach of any of which shall constitute a default under this Agreement. 7.69. BUDGETARY CONSTRAINTS In the event the City is required to reduce contract costs due to budgetary constraints, all services specified in this document may be subject to a permanent or temporary reduction in budget. In such an event, the total cost for the affected service shall be reduced as required. The Proposer shall also be provided with a minimum 30-day notice prior to any such reduction in budget. 7.70. COST ADJUSTMENTS The cost for all items as quoted herein shall remain firm for the first term of the contract. Costs for subsequent years and any extension term years shall be subject to an adjustment only if increases occur in the industry. However, unless very unusual and significant changes have occurred in the industry, such increases shall not exceed 3% per year or, whichever is less, the latest yearly percentage increase in the All Urban Consumers Price Index (CPU-U) (National) as published by 595 43 the Bureau of Labor Statistics, U.S. Dept. of Labor. The yearly increase or decrease in the CPI shall be that latest index published and available ninety (90) days prior to the end of the contract year than in effect compared to the index for the same month one year prior. Any requested cost increase shall be fully documented and submitted to the City at least ninety (90) days prior to the 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 Proposer a reduction in costs that reflects such cost changes in the industry. The City may, after examination, refuse to accept the adjusted costs if they are not properly documented, increases are considered to be excessive, or decreases are considered to be insufficient. In the event the City does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the City, the contract can be cancelled by the City upon giving thirty (30) days written notice to the Proposer. 7.71. OSHA STANDARDS Proposer acknowledges and agrees that as Contractor for the City of Hollywood, Florida, within the limits of the City of Hollywood, Florida, will have the sole responsibility for compliance with all requirements of the Federal Occupational Safety and Health Act of 1970, and all State and local safety and health regulations, and agrees to defend, indemnify and hold harmless the City of Hollywood, Florida, its officials, employees, service providers, and its agents against any and all legal liability or loss the City of Hollywood, Florida may incur due to the Contractor's failure to comply with such act. 596 44 8. PROPOSAL SUBMISSIONS The responsibility for submitting a bid/proposal on or before the time and date is solely and strictly the responsibility of the bidder/proposer, the City will in no way be responsible for delays caused by technical difficulty or caused by any other occurrence. No part of a bid/proposal can be submitted via FAX or via direct Email to the City. No variation in price or conditions shall be permitted based upon a claim of ignorance. 8.1. SUBMITTAL FORMAT* The items below are required components of your solicitation response in order for your bid/proposal/submittal to be consider responsive and responsible. Please confirm this submittal includes the following items in this checklist: A. Title Page: Show the RFP title/number, firm’s name, address, telephone number, contact person, email, and date. B. Table of Contents: Clearly identify the material by section title and page number, including the following sections: 1. Approach and Methodology 2. Environmental benefits 3. Vendor Capabilities 4. Driver's Qualifications 5. Firm's Qualifications 6. ADA Compliance 7. Maintenance/Recovery Plan 8. Risk Mitigation Plan 9. References 10. Pricing 11. Additional/Pertinent Information (Optional) C. Forms and Certifications (Completed) 1. This Submittal Checklist Confirmation 2. Bid Form (Pricing) 3. Vendor Reference Form* 4. Hold Harmless and Indemnity Clause 5. Non-Collusion Statement 6. Sworn Statement…Public Entity Crimes 597 45 7. Certifications Regarding Debarment 8. Drug-Free Workplace Program 9. Solicitation, Giving, and Acceptance 10. W-9 (Request for Taxpayer Identification) 11. Certificate(s) of insurance that meet the requirements of the #SPECIAL TERMS AND CONDITIONS section. 12. Proof of State of Florida Sunbiz Registration 13. Acknowledgement and Signature Questionnaire This checklist is only a guide, please read the entire solicitation to ensure that your submission includes all required information and documentation. ☐ Please confirm *Response required 8.2. Bid Form * Upload pricing information in accordance with the scope and using the structure of Exhibit C - Pricing. Creative and optional pricing can be uploaded as separate attachments. *Response required 8.3. Vendor Reference Form* Please download the below documents, complete, and upload for each vendor reference. A Minimum of three (3) references are required. • Vendor_Reference_Form.pdf *Response required 8.4. Hold Harmless and Indemnity Clause * I, an authorized representative, the contractor, shall indemnify, defend and hold harmless the City of Hollywood, its elected and appointed officials, employees and agents for any and all suits, actions, legal or administrative proceedings, claims, damage, liabilities, interest, attorney’ s fees, costs of any kind whether arising prior to the start of activities or following the completion or acceptance and in any manner directly or indirectly caused, occasioned or contributed to in whole or in part by reason of any act, error or omission, fault or negligence whether active or passive by the contractor, or anyone acting under its direction, control, or on its behalf in connection with or incident to its performance of the contract. ☐ Please confirm *Response required 598 46 8.5. Non-Collusion Statement* I, being first duly sworn, depose that: A. He/she is an authorized representative of the Company, the Proposer that has submitted the attached Proposal. B. He/she has been fully informed regarding the preparation and contents of the attached Proposal and of all pertinent circumstances regarding such Proposal; C. Such Proposal is genuine and is not a collusion or sham Proposal; D. Neither the said Proposer nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant has in any way colluded, conspired, connived or agreed, directly or indirectly with any other Proposer, firm or person to submit a collusive or sham Proposal in connection with the contractor for which the attached Proposal has been submitted or to refrain from bidding in connection with such contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Proposer, firm or person to fix the price or prices, profit or cost element of the Proposal price or the Proposal price of any other Proposer, or to secure an advantage against the City of Hollywood or any person interested in the proposed Contract; and E. The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Proposer or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. ☐ Please confirm *Response required 8.6. Sworn Statement Public Entity Crimes* Please download the below documents, complete, and upload. • Sworn_Statement_Public_Enti... *Response required 8.7. Certifications Regarding Debarment, Suspension and Other Responsibility Matters* The applicant certifies that it and its principals: Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency; Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with 599 47 obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction, violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (b) of this certification; and Have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default. ☐ Please confirm *Response required 8.8. Drug-Free Workplace Program* A. IDENTICAL TIE PROPOSALS - Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, 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. Established procedures for processing tie proposals will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business’s policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 600 48 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program (if such is available in the employee’s community) by, any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of these requirements. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. ☐ Please confirm *Response required 8.9. Solicitation, Giving, and Acceptance of Gifts Policy* Florida Statute 112.313 prohibits the solicitation or acceptance of Gifts. “No Public officer, employee of an agency, local government attorney, or candidate for nomination or election shall solicit or accept anything of value to the recipient, including a gift, loan, reward, promise of future employment, favor, or service, based upon any understanding that the vote, official action, or judgment of the public officer, employee, local government attorney, or candidate would be influenced thereby.” The term “public officer” includes “any person elected or appointed to hold office in any agency, including any person serving on an advisory body.” The City of Hollywood/Hollywood CRA policy prohibits all public officers, elected or appointed, all employees, and their families from accepting any gifts of any value, either directly or indirectly, from any contractor, vendor, consultant, or business with whom the City/CRA does business. The State of Florida definition of “gifts” includes the following: • Real property or its use, • Tangible or intangible personal property, or its use, • A preferential rate or terms on a debt, loan, goods, or services, • Forgiveness of indebtedness, • Transportation, lodging, or parking, • Food or beverage, • Membership dues, • Entrance fees, admission fees, or tickets to events, performances, or facilities, • Plants, flowers or floral arrangements • Services provided by persons pursuant to a professional license or certificate. • Other personal services for which a fee is normally charged by the person providing the services. 601 49 • Any other similar service or thing having an attributable value not already provided for in this section. Any contractor, vendor, consultant, or business found to have given a gift to a public officer or employee, or his/her family, will be subject to dismissal or revocation of contract. As the person authorized to sign the statement, I certify that this firm will comply fully with this policy. ☐ Please confirm *Response required 8.10. W-9 (Request for Taxpayer Identification)* Please download the below documents, complete, and upload. • W-9.pdf *Response required 8.11. List of Subcontractors* Please download the below documents, complete, and upload. • Form_14_-_List_of_Subcontra... *Response required 8.12. Certificate of Insurance* See requirements in the #SPECIAL TERMS AND CONDITIONS section. *Response required 8.13. Proof of Sunbiz Registration* Enter company FEIN to be verified in Sunbiz *Response required 8.14. ACKNOWLEDGMENT AND SIGNATURE PAGE 8.14.1. If Corporation - Date Incorporated/Organized:* *Response required 8.14.2. State Incorporated/Organized:* *Response required 8.14.3. Remittance Address* *Response required 8.14.4. Bidder/Proposer’s Authorized Representative’s Typed Full Name* *Response required 602 50 8.14.5. IT IS HEREBY CERTIFIED AND AFFIRMED THAT THE BIDDER/PROPOSER CERTIFIES ACCEPTANCE OF THE TERMS, CONDITIONS, SPECIFICATIONS, ATTACHMENTS AND ANY ADDENDA. THE BIDDER/PROPOSER SHALL ACCEPT ANY AWARDS MADE AS A RESULT OF THIS SOLICITATION. BIDDER/PROPOSER FURTHER AGREES THAT PRICES QUOTED WILL REMAIN FIXED FOR THE PERIOD OF TIME STATED IN THE SOLICITATION.* ☐ Please confirm *Response required 8.14.6. THE EXECUTION OF THIS FORM CONSTITUTES THE UNEQUIVOCAL OFFER OF BIDDER/PROPOSER TO BE BOUND BY THE TERMS OF ITS PROPOSAL. FAILURE TO SIGN THIS SOLICITATION WHERE INDICATED BY AN AUTHORIZED REPRESENTATIVE SHALL RENDER THE BID/PROPOSAL NON- RESPONSIVE. THE CITY MAY, HOWEVER, IN ITS SOLE DISCRETION, ACCEPT ANY BID/PROPOSAL THAT INCLUDES AN EXECUTED DOCUMENT WHICH UNEQUIVOCALLY BINDS THE BIDDER/PROPOSER TO THE TERMS OF ITS OFFER.* ☐ Please confirm *Response required 8.14.7. Proposal Upload* Submit entire proposal including Title Page, Table of Contents, etc. *Response required 603 City-Wide Micro-Transit Services 16 of 18 EXHIBIT C – Company’s Proposal 604 A. Title Page Request for Proposal RFP 045 23 SK For The Citywide micro-transit Services City of Hollywood, Florida Prepared for: City of Hollywood Senior Purchasing Agent Attn: Simone Knight 2600 Hollywood Boulevard Room 303 Hollywood, FL 33020 Date:March 8, 2023 Prepared by:Circuit Transit Inc 777 S Flagler Drive Suite 800 W West Palm Beach, FL 33401 Contact Person:Jason Bagley, National Partner jason@ridecircuit.com | 305 494 1612 605 A.1 Cover Letter Circuit Transit Inc ridecircuit.com March 8, 2023 City of Hollywood Senior Purchasing Agent Attn: Simone Knight 2600 Hollywood Boulevard Room 303 Hollywood, FL 33020 Re: Request for Proposals RFP 045 23 SK for The City of Hollywood, Florida Citywide micro-transit Services Dear City of Hollywood, This submission is in response to the Request for Proposals RFP for City of Hollywood micro-transit Shuttle Service.Thank you for the opportunity to submit our proposal to the City of Hollywood. This proposal will show that Circuit Transit Inc (operator of Hollywood Sun Shuttle and Fort Lauderdale Circuit, etc.) has the proven capabilities and background in providing a sustainable on-demand shuttle program, as well as relevant and specific experience in Broward County, local knowledge and familiarity with the City. Circuit is an active service provider in Hollywood, Florida, that is responsible for the successful deployment and management of the Sun Shuttle as well as similar services with Cities in South Florida, Brightline Trains and other Cities in NY, NJ, CA and TX. Circuit provides all electric, first/last mile solutions that help move people in local communities and bridge gaps between riders and existing transit. By using fleets of electric vehicles, leveraging the data from its ride-request app, and working with top advertisers, Circuit is able to provide an eco-friendly, data-centric and efficient solution that promotes circulation, reduces parking congestion, promotes local economic development, reduces vehicle miles traveled, encourages alternate options, creates local jobs, and covers the last mile conveniently and affordably to the rider. Circuit has worked with the CIty of Hollywood and the Hollywood Community Redevelopment Agency since 2019 to design, build, and manage the Hollywood Sun Shuttle. The program is currently moving around 12,000 riders per month, is responsible for creating approximately 20 jobs, and has continued to improve and become a fixture of the Hollywood Community. Together, we have been able to craft a program that has gotten the attention of the press, local officials and nearby Cities; several of which have since enacted similar programs of their own. Hollywood has set an example for efficient, eco-friendly mobility that changes how communities move. The Sun Shuttle has “Exceed(ed) Expectations”1 and the overwhelming demand from riders has showcased the need for transportation services in the City. The team is excited about the opportunity to build upon the existing services and craft an updated approach to the community. 1 https://hollywoodgazette.com/sun-shuttle-is-very-successful/ City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 2 of 123 606 Circuit is the largest and most experienced operator of shared, on-demand, last-mile EV shuttle services in the US. With successful operations in 40 markets across South Florida, California, Texas, New York, New Jersey, and California, Circuit provides both national expertise and local experience. In South Florida, Circuit operates in Fort Lauderdale, Pompano Beach, Hollywood, West Palm Beach, Palm Beach, and Miami, as well as a 40 cars servicing Brightline Trains, across 5 stations in the area. With more than 350 employees and 190 vehicles, Circuit has the team, resources and experience to optimize mobility for Hollywood. Over the past five years, Circuit has engaged with stakeholders and businesses in the City of Hollywood and is very familiar with the local transportation needs and community. We have years of data that can be used to improve this program and inform the City of the movement of residents and visitors. The community support has been incredible and we’re honored to be a part of Hollywood’s growth. The company's officers and project leads are as follows: Alexander Esposito CEO / Co-Founder Email: alex@ridecircuit.com Tel: 516 446 8513 Address: 780 S. Sapodilla Ave West Palm Beach, FL 33401 Jason Bagley Partner, National Operations Email: jason@ridecircuit.com Tel: 305 494 1612 Address: 1305 SW 8th Ave Fort Lauderdale, FL 33315 Alexander and Jason have the authority to negotiate and contractually obligate the company. Jason will be the primary point of contact for this program and can be contacted for further clarification. If selected, we are committed to working with the City to provide a turn-key on-demand service designed to meet the needs outlined in this RFP. Circuit appreciates your review of our submission and welcomes any questions that you may have. Sincerely, Jason Bagely Partner, Circuit Transit Inc Circuit’s corporate headquarters are located at 777 S. Flagler Drive, Suite 800 West Tower, West Palm Beach, FL 33401. Circuit also has local offices located at 2031 Harrison St, Hollywood, FL 33020 and existing infrastructure, including a large local fleet of all electric Polaris GEMs e6, electric sedans, and electric passenger vans. City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 3 of 123 607 B. Table of Contents A. Title Page 1 A.1 Cover Letter 2 B. Table of Contents 4 B1. Approach and Methodology 7 B1.1 Service Planning, Research and Analysis 7 B1.1.1 Existing Services in Hollywood and South Florida 8 B1.1.2 Local Research, Current Hollywood Sun Shuttle, and Discovery 10 B1.2 Our Project Plan 15 B1.2.1 Proposed Operating Plan:16 B1.2.2 Alternate Options for On-Demand Services 21 B1.2.3 Alternate Operating Plan A 21 B1.2.3 Alternate Operating Plan B 22 B1.2.4 Alternate Operating Plan C 23 B1.2.2 Drivers 25 B1.2.3 Technology 26 B1.2.4 Timeline 27 B1.2.4 Project Team and Organizational Chart 27 B2. Environmental & Sustainability Benefits 29 B3. Vendor / Contractor Capabilities 30 B3.1 Background on Circuit 30 B3.2 General Company Information CONFIDENTIAL 31 B3.3 Financial Capabilities CONFIDENTIAL 34 B3.4 Revenue and Funding Capabilities 34 B3.4.1 Advertising Capabilities 34 B3.4.2 Fare Revenue Capabilities CONFIDENTIAL 35 B3.4.3 Grant Sourcing Capabilities 36 B3.5 Technological Capabilities CONFIDENTIAL 36 B3.5.1 Ride Request App 37 B3.5.2 Driver App Capabilities 38 B3.5.3 On Demand Coverage Zones and the Smart Stop Approach 39 B3.5.4 Using Data to Steer Service Operations 39 B3.6 Vehicle Capabilities 40 B3.7.1 Vehicle Maintenance Capabilities 42 B3.7 Driver Capabilities 43 City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 4 of 123 608 B3.7.1 Driver Model 43 B3.8 Customer Service Capabilities 45 B4. Driver’s Qualifications 46 B4.2. Training 47 B4.2.1 Certifications 48 B4.2.2 Drug Testing and Hiring Standard 48 B5. Firm’s Qualifications and Experience 48 B5.1 Experience Overview 49 B5.1.1 Experience Overview 49 B5.1.2 Neighborhood Electric Vehicle Operations & Maintenance Experience 49 B5.1.3 Micro-Transit Operations Experience 50 B5.1.4 Community Engagement Experience 51 B5.2 Project Experience 53 B5.2.1 Past Project Experience- Hollywood Sun Shuttle 53 B5.2.2 Past Project- FRED 54 B5.2.3 Additional Past Project Experience 55 B5.3 References 55 B5.4 Customer Testimonials Confidential)56 B6. ADA Compliance 57 B6.1 ADA Compliance Plan 57 B7. Maintenance / Recovery Plan 58 B7.1 Commitment to Avoid Service and Operation Disruptions 58 B7.2 Scenario Response 59 B8. Risk Mitigation 59 B8.1 Emergency Management Plan 59 B8.2 Risk Mitigation Plans 60 B9. Local Vendor Preference 63 B9.1 Local Hollywood Presence 64 B10. Pricing 66 B10.1 Fixed Pricing Rate Proposed Option 66 B10.2 Circuit Alternative Pricing Options Hollywood RFP 2023 68 B10.3 Unbanked Riders 70 C. Completed Forms and Certifications 71 C1. This Submittal Checklist Confirmation 71 C2. Bid Form Pricing) CONFIDENTIAL 72 C3. Vendor Reference Forms 75 C4. Hold Harmless and Indemnity Clause 78 C5. Non-Collusion Statement 79 C6. Sworn Statement…Public Entity Crimes 80 City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 5 of 123 609 C7. Certifications Regarding Debarment 82 C8. Drug-Free Workplace Program 83 C9. Solicitation, Giving, and Acceptance 84 C10. W 9 Request for Taxpayer Identification)85 C11. List of subcontractors 86 C12. Certificate(s) of insurance 87 C13. Proof of State of Florida Sunbiz Registration 89 Appendix 91 Appendix 1 Letters of Support 91 Appendix 1.1 Rider Letter of Support:91 Appendix 1.2 Letters of Support:98 Appendix 1.2.1 Water Taxi 98 Appendix 1.2.2 Downtown Development Authority, WPB 99 Appendix 1.2.3 Cityfi 100 Appendix 1.2.4 Billy’s Stone Crab 101 Appendix 1.2.5 World Tire Inc.102 Appendix 1.2.6 Margaritaville 103 Appendix 1.2.7 Le Tub, Tiki Tiki, GG’s 104 Appendix 1.2.8 Diplomat Beach Resort Valet Services)105 Appendix 2 Example of Data Report 106 Appendix 2.1 February 2023 Hollywood Data Report 106 Appendix 3 Case Studies 112 Appendix 3.1 Hollywood Case Study 112 Appendix 3.2 Brightline Case Study 115 Appendix 3.3 San Diego Case Study 118 Appendix 4 Additional Past Project Experience 120 Appendix 4.1 New Rochelle NY 120 Appendix 4.2 Brightline 120 Appendix 4.3. West Palm Beach, FL 121 Appendix 4.4 Pompano Beach, FL 121 City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 6 of 123 610 B1. Approach and Methodology In 2019, Circuit and the City of Hollywood crafted one of the most advanced Neighborhood Electric Vehicle NEV shuttle services that had ever been deployed in Florida. Circuit is very pleased to provide our plan to the City of Hollywood in its endeavor for the next generation of transportation access in Hollywood. Circuit is eager to continue to operate the Hollywood Sun Shuttle as an active, engaged and embedded partner of the City and business communities. We are very excited to evolve the current Sun Shuttle service and match the needs of the RFP. We understand that the City wants to offer dynamic allocated routes and schedules to match consumer demand and support the upcoming fixed route community shuttle services. Over the last four years, Circuit and the City of Hollywood have worked in partnership to provide residents and visitors with a micro-transit mobility offering that is effective, sustainable, supports the local business community and provides a fun experience for riders. We look forward to the next iteration of transportation offerings in Hollywood, and hope that with our carefully crafted service operations plan, we will continue to work in partnership to support the City's transportation goals for its residents and visitors. The team at Circuit is incredibly proud of the work it’s accomplished with the City of Hollywood over the past 4 years.“Sun Shuttle Exceeds City’s Expectations” Hollywood Gazette) was in the headline of an article a few months after the service started and the service, team and technologies have continued to improve ever since. Not only is the Sun Shuttle exceeding the City’s expectations, together we’ve crafted a service that is exceeding the performance of nearly every other On-Demand service in the country. Since starting, other new vendors have come about and new technologies have been introduced, but when comparing ridership, ridership per vehicle hour, rider feedback and the cost per rider, there are few, if any services, run by other operators that have been able to achieve the demand and performance that we have in Hollywood. We’re committed to the City and committed to improving the Sun Shuttle for years to come. B1.1 Service Planning, Research and Analysis We've spoken with our Managers, Supervisors and Driver Ambassadors, surveyed riders, analyzed our historical data, and are confident that we can continue to deliver, and improve upon, a successful mobility option for the residents, visitors and community members of the City of Hollywood as we have since 2019. With 12 years, 190 vehicles, 9 states and 24 cities of operations, Circuit brings its national experience and network to the benefit of each City it works with. Our roots are in South Florida and specifically Broward and Palm Beach counties, where we have operated since 2011. Based on RFP Exhibits A and B, and the desire to operate three separate micro-transit zones, we have designed a service that is supportive of the City's goals, will continue to partner with the business community, is user friendly for the residents and visitors and complementary to the City's upcoming fixed-route community shuttles. City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 7 of 123 611 B1.1.1 Existing Services in Hollywood and South Florida Since 2019, the City of Hollywood has partnered with Circuit to provide a 100% electric micro-transit solution for residents and visitors. For just $2 per rider, the Circuit-operated Hollywood Sun Shuttle takes riders anywhere within the coverage area zone through our on-demand app or by waving down a driver. Hollywood has been a model city in the region and the services have been highly utilized and immensely popular among riders in the community. For more information on the existing service, please see below: Hours of Service ●Monday:10 00am 9 00pm ●Tuesday:10 00am 9 00pm ●Wednesday:10 00am 9 00pm ●Thursday:10 00am 9 00pm ●Friday:10 00am 10 00pm ●Saturday:10 00am 10 00pm ●Sunday:10 00am 9 00pm Total hours of operation/week: 79 Vehicles ●Eight 5 Passenger 6 seat) GEM Vehicles available during the Summer Months ●Ten 5 Passenger 6 seat) GEM Vehicles available during the Winter and High Season Months ●One ADA 3 Passenger 4 seat) GEM Vehicle available year round ●One 12 Passenger 13 seat) Ford E Transit Electric Van Drivers/ Ambassadors: ●19 Total Staff, 14 of which are Hollywood Residents City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 8 of 123 612 ○7 Full Time ○12 Part Time Ridership: ●Total Riders/Month (past three months since RFP March 2023 submission) ○Jan 2023 11,070 ○Feb 2023 11,803 ●Average Riders/Ride (past three months since RFP March 2023 submission) ○Jan 2023 1.75 ○Feb 2023 1.88 ●2022 Total Ridership in Hollywood 146,710 riders! Note: These are logged riders and may skew 8 14% below the actual ridership Fare: ●Free (from launch in April 2019 to April 2021 ●$1 (started April 2021 ●$2 (started April 2022 to Present) ●$18,399 (returned/credit to City of Hollywood in February 2023 Coverage area: FEBRUARY 2023 HEATMAP CURRENT GEOFENCED SERVICE AREA Western Hollywood Pilot Service Expansion- starting March 13 2023 City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 9 of 123 613 Upcoming March 2023 Western Hollywood Service Expansion Pilot Circuit,at no additional expense to the City, and in an effort to further support understanding Hollywood travel patterns, is working with the City Engineering department to conduct a pilot program using EV vans and our existing rider app to offer service west of our existing coverage area. If selected for the RFP we hope to leverage the information from this pilot to better inform the structure of future MTZ Zone 3 services. B1.1.2 Local Research, Current Hollywood Sun Shuttle, and Discovery After reviewing the details of the RFP, we immediately began our planning and analysis process. Fortunately, with four years of operating experience in Hollywood, FL, we were able to leverage feedback from our existing riders, driver ambassadors and the local business community, our review of the RFP and the Counties transportation systems, and use historical data from our Circuit on-demand rider and driver applications as well as our growing and evolving data reporting dashboard, to inform what we believe are the best options for the community within the parameters of the RFP. What We’ve Learned from Our Riders, Drivers and the Local Business Community City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 10 of 123 614 In evaluating this opportunity, we started with the community. We hit the streets, spoke with Driver Ambassadors, rode along with our riders, and reviewed rider feedback from our application and our rider surveys: Feedback from our drivers ●We are the “tour guides” for the city! Our Driver Ambassadors know Hollywood, and we help bring people back to Hollywood. The resorts, hotels, businesses, all rely on us to help drive business. ●Residents would like us to expand to additional areas, including areas further West. ●More Circuit cars on the road- leading to faster pick up times and less delays! ●There are four major categories of people who use this service. ○Senior population 65 relies on Circuit to get to the grocery store, post office, pharmacy. Some do not have cars and are on fixed incomes. They need Circuit more than ever, we have developed trust with many Hollywood seniors, and they’ve come to rely on the service. For some, it is a necessity for them. ○Tourists and visitors often say “I wish I had this in our city! Many report to us that they love using the service; knowing Circuit is there gives visitors a peace of mind, that is why they love coming back to Hollywood and exploring the Downtown area. ○Residents and commuters who use Circuit to get to work every day. ○Local residents use us to get to the beach and businesses downtown as a hassle and drive-free option. Feedback from riders ●“Keep Circuit going. Your drivers are very nice. Circuit is much needed and much appreciated.” ●“Circuit prevents a lot of DUIs, accidents, and potential loss of life.” ●“Circuit is one of the things that makes Hollywood great ” ●“I enjoy Circuit. I love it when it's a nice day to just sit and relax while someone else drives.” ●“Circuit is great, I love having the windows-down, casual transportation option.” ●“With Circuit, I never have to worry about sitting in traffic with my car. I take it to/from my home to downtown and the restaurants at the Boardwalk, all while helping the environment- no gas! I love it!” ●“Circuit is a blessing for me. I don’t have a car and I’m handicapped, so I’m limited in my ability to walk distances. Circuit allows me to go grocery shopping, run errands, and even go to the beach. Im super grateful- we need more Circuit everywhere- protect our earth from car pollution and continue to offer low cost rides. Thank you.” Feedback from local business community ●“Circuit is a great addition to the community helping locals and tourists safely move around the city in an eco friendly manner. During the COVID 19 Pandemic, Billy's stone crab and Circuit teamed up for deliveries to help people during quarantine. Thank you for your amazing services and helping our community!” Billy’s Stone Crab ●"We are very pleased with the results of our marketing efforts with Circuit. The combination of a wrapped vehicle along with conscientious coupon distribution by the drivers has been very effective for Rita's of Hollywood." Jody Ralfkind, Rita’s, Marketing & Community Outreach Director Letters of Support- Hollywood Riders City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 11 of 123 615 In addition to the Business Support Letter, Circuit recently also published a “Letter of Support” that went out to Hollywood Sun Shuttle riders. The document received over 122 signatures, ranging from residents 72 , visitors 40 , local business owners 7 , and others 3 . Please view Appendix 1 to reference the Letter of Support Riders) and Signatures. Letters of Support- Local Businesses We’ve received numerous Letters of Support from local businesses which can be seen in Appendix 1.2 Hollywood Sun Shuttle Rider Survey We conducted a survey at the end of 2022, prior to the RFP being released and to obtain qualitative feedback from riders in Hollywood. The survey received 700 responses from South Florida Circuit riders and 141 of these respondents noted that they use Circuit primarily in Hollywood. Based on the questions and responses we learned: ●94% responded “Yes” to the question “Do you think Circuit is a good addition to your community?” ●81% responded “Yes” to the question, “Does Circuit help you save money on transportation?” ●88% responded “Yes” to the question “Would you like to see more Circuit cars in service?” We were also excited to see the large number of respondents that used the service to go to Grocery Stores, Restaurants, Local Stores, and other areas of commerce. Based on our assessment and analysis of weighted average “spends” in these types of businesses, current ridership and industry publications2, we can confidently say that the service contributes to over $350k/month in economic activity. 2 https://www.apta.com/research-technical-resources/research-reports/economic-impact-of-public-transportation-investment/ City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 12 of 123 616 February 2023 Data Analysis from Existing Sun Shuttle and Methodology From this February 2023 Data Review we learned: ●Top 5 Pickup Locations and Dropoff located continue to skew towards serving leisure riders ●49% of the monthly rides were “pooled” meaning there are more than one group per ride. This is a key component to combating congestion and a key feature of the Circuit App. ●The busiest time of service is 3pm-6pm, however some riders have indicated they’d like to be able to use the service to commute in the morning In February 2023, the top five drop off and pick up areas for the Hollywood Sun Shuttle overwhelmingly showcased ridership patterns that riders are using the Sun Shuttle for shopping at Publix and for leisure trips to and from restaurants downtown and the beach. As showcased below in ridership broken down both hourly and weekly, weekend trips see the busiest service days with service dipping on Wednesdays. Ridership sees daily peak times between 2pm and 6pm, and begins to drop off by 7pm. February 2023 Ridership Average Weekday Ridership City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 13 of 123 617 February 2023 Ridership Average Hourly Ridership February 2023 Heatmap Top Five Pickup Locations Feb 2023 Address 1 Margaritaville Hollywood Beach Resort 2 Publix Supermarket at Hollywood Circle City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 14 of 123 618 Address 3 Mobility Hub 320 Johnson St. Hollywood FL 33019 4 Beach Pickup 1111 N Ocean Dr. Hollywood FL 33019 5 The Diplomat 3555 S Ocean Dr. Hollywood FL 33019 Top Five Drop off Locations Feb 2023 Address 1 Margaritaville Hollywood Beach Resort 2 Publix Supermarket at Hollywood Circle 3 GG’s Waterfront Ocean Resort 4 Twin Peaks Hollywood Blvd 5 DoubleTree Resort by Hilton Hollywood Beach In determining expected ridership and number of cars needed, Circuit’s team analyzed past and current Sun Shuttle data, in contrast to the given upcoming Community Shuttle routes and schedules, to determine the best service hours for the MTZ zones, and how this will impact fares and net costs. Circuit can use this data to help the City and County in crafting community shuttle routes and stops. Circuit, if the City is interested in pursuing this option, can also set up predetermined pickup and dropoff spots around the zone that align the upcoming stops for the community shuttle routes. Example: Red Line Route from Exhibit A of the RFP Left) and a heatmap of common pickup and dropoff areas from Circuit’s database Right). B1.2 Our Project Plan City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 15 of 123 619 Circuit understands the City’s Goals for this RFP and we have crafted a program that meets the needs of the community and is confident that in partnership with the upcoming Community shuttles, the Hollywood Sun Shuttle will continue to support mobility options and reduce traffic congestion. We're one of the few providers with experience operating numerous electric vehicles (and types of electric vehicles) as part of the same fleet. The existing Sun Shuttle’s fleet includes standard and ADA GEM Neighborhood Electric Vehicles NEVs) and Ford E Transit EV Vans. Expanding upon our existing fleet of electric vehicles, existing team of local W2 driver ambassadors, and the Circuit on-demand rider and driver mobile applications, Circuit is prepared to continue to deliver best in class services for the City of Hollywood, as detailed in our operating plan and alternative plans listed below. B1.2.1 Proposed Operating Plan: Circuit is willing and eager to run a program that is designed to meet all of the requirements of this RFP. Additionally, as detailed in the alternate options below, Circuit would like to work with the City to explore what modifications to the service details, operating hours, vehicle types and coverage areas can be adopted in an effort to maximize cost savings, the effectiveness of the on-demand services and to promote ridership on the fixed route Community Shuttles.Circuit is also willing to pilot new areas of Hollywood to test and determine needs, usage and long term feasibility of the respective communities. Following the guidelines set forth in the RFP, Circuit will structure a service that adheres to the City’s vision, however Circuit has also offered a few alternative options for consideration. If selected, the Circuit team would love to work closely with City staff and local stakeholders to review and refine the operating plan as desired, to best meet the needs of the community within the available budget. These plans can all be adjusted and it is our hope that these examples provide further context around what modifications might be considered. Proposed Operating Plan Quick Facts: ●Total Hours Per Week:56 ●Total # of EV Vans 4 ●Total # of GEM NEV Cars:2 NEV 1 Standby ADA NEV at no additional cost to the City 3 ●Expected AVG Fare/Rider:$2 ●Structured:3 Separate Zones ●Notes:This option is based on the hours indicated by the RFP, broken out by the zones indicated in the RFP and within the range of the current service budget. This service would reduce the number of hours compared to the current operation. Days & Hours of Operation Based on our existing data we propose the following service hours per zone. Based on seasonality and demand patterns we can amend these hours as needed or at the request of the City of Hollywood. ○MTZ Zone 1 Seven days a week, eight hours a day 12 8pm ET ○MTZ Zone 2 Seven days a week, eight hours a day 12 8pm ET ○MTZ Zone 3 Seven days a week, eight hours a day 10am 6pm ET City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 16 of 123 620 Coverage Areas MTZ Zone 1 MTZ Zone 2 MTZ Zone 3 *Note: MTZ 3 could be extended in the northeast corner to include service for the Hollywood Tri-Rail Station City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 17 of 123 621 Vehicles Seven 7 Vehicles in Total ●Three 3 Ford E Transit EV Van ○Electric Vehicle ○Model year 2022 or newer, all weather ○12 passenger seats + driver, 0 ADA positions ●One 1 Wheelchair Accessible Ford E Transit EV Van ○8 passenger seats + driver, 1 ADA position ○Flexible to move to any of the MTZ’s when and ADA trip is requested ●Two 2 GEM e6 Neighborhood Electric Vehicle) NEV vehicles ○Electric Vehicle ○Model year 2020 or newer, all weather ○5 passenger seats + driver, 0 ADA positions ●One 1 Wheelchair Accessible GEM NEV vehicles Bonus No Additional Cost) ○Electric Vehicle ○Model year 2020 or newer, all weather ○3 passenger seats + driver, 0 ADA positions Vehicle allocation by zone ●MTZ 1 1 Ford eTransit EV Van, 1 GEM NEV ●MTZ 2 1 Ford eTransit EV Van, 1 GEM NEV ●MTZ 3 2 Ford eTransit EV Vans ●Total 7 6 Vehicles + 1 Extra Standby ADA NEV One Ford EV Van is a Wheelchair Accessible Vehicle WAV with eight passenger seats including the wheelchair, as well as one ADA GEM with four passenger seats including the wheelchair. The ADA Van will be available to move between zones as needed. As we already have a Sun Shuttle branded Wheelchair Accessible GEM car in the market we would bonus that vehicle at no additional cost to the City. Per our existing Sun Shuttle ridership data, we see 6 8 WAV requests per month on average. For this program, we propose all-electric GEM e6 vehicles and Ford E Transit EV Vans- one of which is wheelchair accessible WAV . These cars will operate in a demand-based coverage area with point to point service where riders can request a ride to/from any location within the geo-fenced service map. These vehicles allow for easy boarding and Circuit’s pooling algorithm will further reduce single occupancy vehicle trips by linking riders headed in the same direction, with parameters specified in coordination with the City. For further information about these vehicles and their specifications and capabilities please refer to Section B3.6 Vehicle Capabilities. City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 18 of 123 622 Fares Historical Information Sun Shuttle initially started as free to the user. In April of 2021, at a renewal of the contract, Circuit was asked to implement a $1 fare to control demand and offset some cost to the City. In April of 2022 it was decided to increase the fare to $2 per rider after the initial success of the fare implementation. Fortunately, we found that the fares did not negatively impact total ridership, and in fact led to higher efficiency due to reduced cancellations from riders. The Sun Shuttle service has been incredibly popular, so there are times where demand outweighs supply and wait times begin to climb. The fare program is a valuable tool in controlling demand and reducing cancellations. Proposed Fare Rate Confidential) The $2 rate continues to be met with little resistance, has helped efficiency, and reduced frivolous trips. We are confident that for this expanded service $2 would continue to be an appropriate fare, with the potential to increase to $3 per rider for on demand service. It could be capped at a set amount so that large groups are not paying $12 or $15 but rather cap the group fare at $7. Additionally, Circuit is building a zone pricing feature in its app so that it will be able to offer the City the option to adjust pricing based on zones. For example, the structure could be set that within a single zone the fare is $2, however if you travel between zones it increases to $3. There is also the option to provide free rides via promo codes. Hollywood riders could ride free in September, for example. Partnership with the Local Business Community We appreciate the City's intentions to tie in with the local business community and we've demonstrated our ability to work with local businesses in Hollywood, working with partners like The Water Taxi, Billy’s Stone Crabs, the Hollywood CRA to promote local events such as Art Walk, Hollyweird and Dream Car Classic, and other local stores, restaurants, and attractions. We've also built a system where we can pre-sell discount/promo codes to businesses so they can offer those codes to their customers. For example, Rita’s is one of our current advertisers, and we can provide “discount coupons” to riders, driving business to the local Rita’s stores. This concept has been well received and we will make an effort to review this, and other ways to encourage buy-in from the local business community through targeted marketing campaigns and activities. We also work with the City of Hollywood and their Marketing team on awareness and education activations, such as the “Turtle Nesting” campaign from March 2023 October 2023. City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 19 of 123 623 Grocery Distributions (during COVID , in partnership with Feeding South Florida City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 20 of 123 624 B1.2.2 Alternate Options for On-Demand Services Our alternative approaches are explained in more detail below, and have the capabilities to make the micro-transit service more robust and cost effective. While increased services may increase total costs, these services allow the City to get more “bang for the buck”. Circuit is prepared to operate the service in adherence to the RFPs specifications as we have laid out in our proposed operating plan, but we wanted to bring to the City’s attention our alternative approaches as a means to serve more riders and provide a connection to other communities and mass transit. B1.2.3 Alternate Operating Plan A The 1st element of the proposed alternative plan involves joining MTZ 1 and 2 in an effort to provide more circulation along the barrier island and around downtown as well as seamless connectivity between downtown and the beach. Coverage Areas Alternate combined MTZ 1 & 2 to service the barrier island and downtown and to connect both later in the evening after some Community Shuttle routes ceases operations at 5pm City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 21 of 123 625 Alternate MTZ 3 service area to include Hollywood Tri-Rail station and the option to extend to Memorial Regional Hospital Alternate Option A Quick Facts: ●Total Hours Per Week:79 ●Total # of EV Vans 4 ●Total # of GEM NEV Cars:2 NEV 1 Standby ADA NEV at no additional cost to the City 3 ●Expected AVG Fare/Rider:$2 ●Structured:MTZ 1 and MTZ2 become combined into a bigger zone with 2 EV Vans and 2 GEMs. MTZ 3 remains as its own zone, with slightly adjusted coverage area to include Tri-Rail and Memorial Regional Hospital, serviced with 2 EV Vans. ●Notes:This option is based on the existing hours of service. This option increases the total hours of service, compared to the proposed option and hours identified in the RFP, by approx 41%, while only increasing costs by approx 22%. B1.2.3 Alternate Operating Plan B Alternate Option B Quick Facts: ●Total Hours Per Week:79 ●Total # of EV Vans Peak Season): 4 ●Total # of EV Vans Low Season): 4 ●Total # of GEM NEV Cars Peak Season):2 NEV 1 Standby ADA NEV at no additional cost to the City 3 ●Total # of GEM NEV Cars Low Season):2 NEV 1 Standby ADA NEV at no additional cost to the City 3 ●Expected AVG Fare/Rider:$2 ●Structured:MTZ 3 remains as its own zone, with slightly adjusted coverage area, MTZ 1 and MTZ 2 become combined into a bigger zone. City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 22 of 123 626 ●Notes:This option is based on the existing hours of service. This option increases the total hours of service, compared to the proposed option and hours identified in the RFP. With this option, Circuit will add additional GEM Vehicles to the Hollywood market for the 6 busier months of the year and then will remove the cars from the market during the other 6 months. Circuit will cover the costs for adding and removing the vehicles and will cover the carrying costs of the vehicles not in service, at no expense to the City. Based on the current volume of riders, Circuit feels it’s necessary to add additional vehicles to the market. B1.2.4 Alternate Operating Plan C Alternate Option C Quick Facts: ●Total Hours Per Week:79 ●Total # of EV Vans Peak Season): 4 ●Total # of EV Vans Low Season): 4 ●Total # of GEM NEV Cars Peak Season): 2 NEV 1 Standby ADA NEV at no additional cost to the City 3 ●Total # of GEM NEV Cars Low Season): 2 NEV 1 Standby ADA NEV at no additional cost to the City 3 ●Expected AVG Fare/Rider:$3 ●Structured:MTZ 3 remains as its own zone, with slightly adjusted coverage area, MTZ 1 and MTZ2 become combined into a bigger zone. ●Notes:This option is based on the existing hours of service. This option increases the total hours of service, compared to the proposed option and hours identified in the RFP. With this option, Circuit will add additional GEM Vehicles to the Hollywood market for the 6 busier months of the year and then will remove the cars from the market during the other 6 months. Circuit will cover the costs for adding and removing the vehicles and will cover the carrying costs of the vehicles not in service, at no expense to the City. Based on the current volume of riders, Circuit feels it’s necessary to add additional vehicles to the market. Furthermore, Circuit will set up a new pricing model that will adjust rider pricing by zones. For example, a ride from Zone 3 to Zone 1 might be $4, but a ride within Zone 2 might be $2. This dynamic pricing model will also be structured to incentivize larger groups and increase efficiencies. With this option, as with any of the options, Circuit can work with the City to explore predetermined pickup and dropoff spots, using the Circuit Connect Smart Spot approach, adjusting pricing models for fares, zone-based pricing to adjust prices, and or a combination of these features. City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 23 of 123 627 Alternate Option C Zone Mtz-1 & 2 With Smart Stops* *Actual location of Smart Stops TBD, Circuit has highlighted some popular drop-off and pick-up locations Alternate Option C Zone Mtz-3 With Smart Stops* *Actual location of Smart Stops TBD, Circuit has highlighted some popular drop-off and pick-up locations City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 24 of 123 628 B1.2.2 Drivers Circuit will leverage its existing team of experienced W2 employee Driver Ambassadors, Local Managers and Supervisors in Hollywood,ensuring service performance and company operational standards. 14 of the 19 current Hollywood Driver Ambassadors live in the Hollywood community and all Driver Ambassadors have experience operating in the proposed micro-transit coverage areas. As a reminder to the City, all of Circuit’s qualified W2, local, screened and background-checked Driver Ambassadors are a critical part of Circuit’s proposed approach to this project. Circuit has built a successful, proud team in the City of Hollywood, and hopes to use and expand this team going forward. The average tenure of our Hollywood staff is 21.8 months. Drivers are required to speak fluent English and several are bi-lingual, many also speaking fluent Spanish. Many of our drivers in Hollywood have been working in the community for multiple years, live locally and have become true ambassadors of the area. This local experience is not something that can be taught or trained and has continued to become more valuable in delivering the best quality of service for the City. For more details on our driver training, qualifications and certifications,please see section B4, below. City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 25 of 123 629 Circuit’s Hollywood team, fleet of event-ready GEM NEVs, 100% Electric Vans & Teslas at Safe Streets Summit 2023 B1.2.3 Technology Since the Sun Shuttle’s launch in 2019, Circuit has used our custom proprietary mobile app to move over 500k riders.Throughout Sun Shuttle’s lifetime the service has gone through 25 app upgrades to improve bug fixes, integrate fares and deliver smarter routing capabilities. Circuit’s tech team has continued to grow, improve and roadmap new features and enhancements for 2023 and 2024. Current version of the mobile app in Hollywood, including ADA request option, 2023 City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 26 of 123 630 Circuit was able to integrate fares and user payment profiles into the app in March 2021 when the service went from fare-free to $1, and again in March 2022 with the $2 fare increase. More details, including a deeper dive into Circuit’s Technology is available in Section B3.5 Technological Capabilities. B1.2.4 Timeline With robust infrastructure already in place such as experienced Hollywood Management, Supervisors, Driver/ Ambassadors, support from local Corporate staff, vehicles and maintenance, parking and charging, Circuit can seamlessly transition from existing services in Hollywood to this updated program. CIrcuit has direct access to the manufacturer and can add additional vans (beyond the current pilot with vans), within 30 days. Currently the Sun Shuttle program has been extended through July 2, 2023. Circuit is comfortable committing to operate the new service starting on, or if needed, prior to the existing contract ending. B1.2.4 Project Team and Organizational Chart Project Team Qualifications Partner/ Project Manager Jason Bagley -Jason is a National Partner at Circuit, has over 12 years of experience operating similar services in South Florida and would be the primary contact for this program. He controls all South Florida operations and comes at no cost to the City of Hollywood. Jason currently oversees Circuit’s national fleet operations for 190 vehicles and our operations with 60 vehicles in Palm Beach, Broward, and Miami counties. Jason has been operating 100% electric shuttle services in Broward County since 2011 and with his fleet expertise spends time consulting the GEM corporate technicians on vehicle diagnostics and new solutions. He will be the lead in preparing for and launching operations and will oversee local managers during operation, oversee ongoing maintenance, and coordinate any changes to service such as service expansion. He has been an integral part in launching service in several markets, as well as assisting in managing operations across the country and focusing on national quality control. Before joining Circuit in 2012, he worked as a Regional Manager for a full service National Parking and Transportation Company. He received his BA in Communication from Florida Atlantic University. Jason is based in Fort Lauderdale and is active in the community. Public Partnership Manager Alana Wortsman -Alana brings 13 years of experience in the nonprofit sector, helping to create more sustainable communities. At Circuit, she now helps manage the public-private partnerships in South Florida. Alana works with current service cities on community engagement, events, public affairs, grant opportunities, and marketing materials. Alana was born and raised on Long Island, NY and has a Communications degree from SUNY Oneonta. Alana now resides in Hollywood, FL as her place to call home. For fun, you can catch her riding her bike down Hollywood Broadwalk or running with her dog along A1A. Regional Manager Camille Santiago Manages hiring, onboarding and scheduling for all South Florida operations and comes at no cost to the City of Hollywood. Camille currently oversees and schedules roughly 35 managers, supervisors and drivers in Palm Beach and Broward counties only. Her background City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 27 of 123 631 is Community focused relations with experience in transportation related industry. Manager and shift supervisor (explained below) onboarding is crucial to service success and having a dedicated manager with experience in multiple locations but at the same time hyper-focused in one area is crucial. Area Manager Bob McCure -Bob is currently an Area Manager overseeing all day to day operations of Circuit’s Broward locations. Bob has been with Circuit since 2015 where he started as a driver in Fort Lauderdale. His positive attitude, attention to detail and effective leadership has paved the way for several promotions over the years. Today, Bob manages Fort Lauderdale, Pompano Beach and Brightline Ft. Lauderdale locations and teams. Bob has used his experience in recruiting to successfully build and retain teams which has produced several supervisors and future location managers to keep up with company growth opportunities. Bob was born and raised in Plantation and now calls Fort Lauderdale home. CEO / Co-Founder Alex Esposito Started on a hunch that shared, electric rides would help alleviate parking congestion at the beaches, Circuit (formerly The Free Ride) has evolved into a last-mile mobility solution that’s embraced by cities across the US. He has 10 years of experience in on-demand electric micro-transit services. Prior to Circuit, Alex worked as a consultant for Accenture NYSE ACN and in marketing for Vistaprint Nasdaq: CMPR . He holds a BS in Finance and MBA from Bentley University. Alex has been a featured contributor at Smart Cities NY, LA CoMotion, 20 20 Cities Boston, South Florida Safe Streets Summit, Urban-X and LACI. He’s been recognized as a Forbes Next 1000 Entrepreneur and a Association for Commuter Transportation (actweb.org) 40 under 40 award recipient. Alex is based between Circuit’s Fort Lauderdale Office. COO / Co-Founder James Mirras Oversees all national operations and will work closely with Jason Bagley to plan and set up operations, hiring processes, tech improvements, reporting processes, metrics, and any additional requests of the City of Hollywood. James is the head of Operations and Finance. He has a total of 10 years of experience in transportation services similar to those requested by this RFP. Beginning in 2011, James started the Hamptons Free Ride (now Circuit) operations in East Hampton, Southampton and Montauk, NY. His attention to detail, people skills, and strong work ethic helped create a solid foundation that the company has been able to grow from. James moves between the company’s locations, focusing on business development, management training, vendor relations and overall strategy. James received his BS in Finance from University of Florida. After graduating in 2009, he worked for Morgan Stanley NYSE Transportation Development Coordinator Isabella Downes Isabella is a Transportation Development Coordinator at Circuit, supporting sales and partnership teams to launch on-demand 1st/last mile mobility solutions. Isabella has 5 years experience working to drive innovation between public and private entities. She has launched over 10 micro-transit services that are meant to act complementary to existing transit infrastructure or as stand alone services in light of no other transit options. Isabella has published two studies exploring transportation access in various US cities and the impact access has on socioeconomic development. Isabella holds a BA in Public Relations from Wayne State University and an MA in Sustainable Urban Development from DePaul University. In addition to her role at Circuit, Isabella serves on the Young Professionals in Transportation- NYC Board as the Director of Programs Co-Chair. She is very passionate about solving complex transportation justice issues. Head of Technology Tucker Costello Tucker is the Managing Director, Internal Development for Circuit. He handles internal business and technical development. He has over 5 years of experience in transportation services similar to those requested by this RFP. He handles new app deployments, City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 28 of 123 632 including testing and ongoing support. He works closely with our operations teams to incorporate partner, driver, and rider feedback from our locations to ensure a seamless experience throughout our platform with timely and relevant updates. Tucker holds a BA from Skidmore College. Over a decade of hands-on hardware and software implementation has given him a deep understanding of how technology enhances our work. Tucker would handle the location deployment within the mobile app, testing and coordination with operations staff, handle features requests, and lead ongoing testing and technical support. In House Counsel Anita Chen -is counsel for business development. Anita received her BS in Finance and Marketing from New York University and her JD from Touro College Jacob D. Fuchsberg Law Center. Prior to law school, she worked at Bankers Trust Company in New York City as an associate in their commercial paper department. As a lawyer, she worked for LeBoeuf, Lamb, Greene & MacRae as a litigator representing clients including Lloyd’s of London, Prudential Financial and Barneys New York. After several years in the private sector, Anita joined Manhattan Legal Services representing low-income residents in New York City. She now counsels for many small-businesses including taxi medallion companies, real estate holding companies, bars and restaurants. Anita has been with Circuit since 2018. Organizational Chart B2. Environmental & Sustainability Benefits We understand and appreciate the City’s desire to implement environmentally friendly services to the City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 29 of 123 633 community. With the Sun Shuttle, Hollywood was a first-mover in Florida as it relates to deploying electric vehicles into public services. With the current Sun Shuttle program, Circuit and the City are currently helping to avoid over 9 Metric TONS of GHG emissions per month. Circuit applauds the City of Hollywood for its committed, forward thinking and dedicated approach to solving last mile, congestion, and emissions challenges and the strong commitment to a sustainable fleet. Circuit remains committed to using only 100% battery electric vehicles. The vehicles are ideal vehicles for short-range, sustainable, about-town transportation and Our 100% electric fleet exceeds the RFP’s specifications for “environmentally friendly and sustainable vehicles”. Fortunately, impact is inherent in the service we offer. The more shared rides that we provide, the more emissions and vehicle miles traveled VMTs) are reduced. There will be a heavy emphasis on ridership and we will measure success based on metrics including but not limited to: total ridership, riders per ride, riders/hour, jobs created, connections to transit, customer experience, and GHG emissions reduced. High ridership shows us that riders are happy, the service is priced effectively and the design meets the needs of the community. High ridership also reduces the Cost Per Rider CPR . Single Occupancy Vehicles are bad for Cities. Circuit hopes that this program will continue to demonstrate how eco-friendly, shared and sustainable programs can help reduce the need for single occupancy vehicles SOVs), promote ridership on existing Transit, create jobs and reduce commuting costs, GHG emissions and VMTs. Electric first/last-mile micro-transit is a great option for all types of communities and has proven to be a success in Hollywood. Tracking the environmental benefits will be a priority moving forward and will help to unlock more funding from upcoming environmentally focused grant programs. Circuit has been fortunate to receive grants for environmental reasons including but not limited to our programs with NYSERDA, Clean Mobility Options Grants CMO , CARB Funding California Air Resources Board) and others. Circuit will track greenhouse gas emissions and tailpipe emissions reductions. We can provide estimates based on projections for vehicle miles traveled and FHWA and EPA metrics and constants for average vehicle miles per gallon by vehicle type and carbon constant for gasoline fuel. We can also generate these based on a shared ride model including ridership, average trip distance, and FHWA and EPA constants and metrics. B3. Vendor / Contractor Capabilities B3.1 Background on Circuit Circuit has enjoyed working with the City of Hollywood since 2019 to launch and operate the Hollywood Sun Shuttle. With over 11 years of experience, Circuit has established itself as a national leader in the on-demand, first/last-mile transportation industry and an experienced operator of fleets of EVS and NEVs. We have a currently existing fleet of 13 electric vehicles, and a team of 19 EV trained and W2 paid employees in Hollywood. Additionally, we have a corporate team already in place in Hollywood, Florida with expertise in national operations, marketing, advertising sales, technology, reporting, and expansion. City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 30 of 123 634 Our corporate team has extensive experience in planning, designing, implementing, reporting, and maintaining NEV micro-transit programs and has operated programs similar in size and scope to this RFP, including fare-based systems. Our high customer satisfaction ratings and high demand are a testament to the superb customer service provided by our driver ambassadors and management. Circuit prides ourselves in closing first / last mile gaps and providing an enjoyable and safe rider experience. This encourages riders to avoid using single occupancy vehicles or private rideshare services that add congestion and pollution, as we have seen in Hollywood since the launch of Sun Shuttle. Specifically, Circuit has been the most successful in: 1. Connecting riders with local destinations including local businesses, restaurants, nightlife, transit, and parking 2. Encouraging ridership and ridership on other forms of transit 3. Forming public private partnerships PPPs) with cities, developers, entertainment and sports complexes, and local agencies to craft services for hyper-localized coverage areas 4. Building local, trained, w2 and background-checked teams that maintain a level of quality control and understanding of the area creating an enjoyable customer experience. B3.2 General Company Information CONFIDENTIAL General Information Within the last five years, Circuit has operated similar on-demand shuttle services using all-electric vehicles in Florida under contract with government entities, including City of Hollywood, City of Fort Lauderdale, City of Pompano Beach, City of Wilton Manors, West Palm Beach Downtown Development Authority, and Palm Beach County Convention Center. We have a current service contract with Brightline Trains. We have also privately funded services in Miami, Pompano Beach, and Palm Beach Gardens. Circuit also has experience with FDOT funding requirements. ●Business Name:Circuit Transit Inc. (wholly owned Subsidiary of TFR Holdings Corp) ●Corporate Headquarters: 777 S Flagler Drive, Suite 800W, West Palm Beach, FL 33401 ●Phone Number: 646 504 3733 ●Website:www.ridecircuit.com ●Corporate Employees: 32 Full Time ●Driver Ambassadors: 360 ○Full Time: 159 ○Part Time: 154 ●Professional Staff: Circuit has 92 employees working in Broward County, with 19 in Hollywood. Circuit has a total 164 South Florida employees. ●Employee Retention: Quarterly Avg): 94% ●Local Hollywood Address:2031 Harrison St, Hollywood, FL 33020 Circuit has a current office in Hollywood Florida. If selected for the next iteration of the Hollywood Sun Shuttle service, Circuit will use the local office at Buro at 2031 Harrison St, existing vehicle charging and parking at Circ Residences/ Publix garage at 1780 Polk St and at Costa Hollywood Beach Hotel at 777 N. Ocean Dr. Additionally, Circuit has a nearby regional office at 501 E. Las Olas Blvd, Suite 200, Fort City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 31 of 123 635 Lauderdale, FL 33301.Circuit has a Corporate office at 777 S Flagler Drive, Suite 800W, West Palm Beach, FL 33401 ●Business Incorporation Date & Location Circuit has been operating in Florida since 2011 through its wholly owned subsidiaries Eco Cab LLC and South Florida Free Ride LLC. Eco Cab LLC and South Florida Free Ride LLC were organized and formed in the State of Florida in 2008 and 2012 respectively. As a part of the restructuring of the companies, Circuit Transit Inc was incorporated in 2018 in the State of Florida acquiring Eco Cab LLC and South Florida Free Ride LLC. Circuit Transit Inc, previously TFR Transit Inc, is a wholly owned subsidiary of TFR Holdings Corp, which is incorporated in the State of Delaware. ●Local Business and Legal Status -Circuit Transit Inc is a C Corporation incorporated in Florida. Circuit Transit, with its affiliated operating companies, has been operating in Florida since 2011. Circuit is a local business with current operations in Broward County in nearby communities including Pompano Beach, Fort Lauderdale, and Hollywood as well as a partnership with Brightline. Circuit operates over 40 on-demand micro-transit services across the US. Circuit is the operator of the Hollywood Sun Shuttle, Pompano Beach Circuit, West Palm Beach Circuit, and Brightline+ shuttle services. ●Business Licenses, Permits & Certifications Circuit has all required documentation in place to operate the services described in this RFP in the State of Florida and has operated similar services in Broward County. ○EIN 82 4586300 ○DUNS 117547537 ○US DOT 3562459 ●State of Florida, Applicable Code & Regulations:Circuit is fully licensed and certified in the State of Florida at the time of submittal for the type of goods/services to be provided. Circuit understands the regulatory requirements for the services to be provided and has met them for other city contracts. Circuit can meet these requirements and will adhere to all applicable code regulations at the Federal, State, and City levels. Primary Contact Person:Jason Bagley, Partner, National Operations - jason@ridecircuit.com - 305 494 1612 Additional Points of Contact : ●Alexander Esposito CEO & Co-Founder - alex@ridecircuit.com ●James Mirras COO & Co-Founder - james@ridecircuit.com ●Isabella Downes Transit Development Coordinator- isabella.downes@ridecircuit.com 734 478 4732 Business Structure, Parent Company and Subsidiaries Circuit Transit Inc. is a wholly owned subsidiary of TFR Holdings Corp. Eco Cab LLC and South Florida Free Ride LLC are wholly owned subsidiaries of Circuit Transit Inc. City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 32 of 123 636 Evaluations and Reporting Staff Evaluations Circuit conducts regular management and staff performance reviews on a quarterly basis. During these sessions, we encourage the staff to also share their evaluation of the program and ways to improve service. We hire locally - our staff are part of the community they are serving. Their input and expertise is valuable, and we encourage this feedback loop. Managers also conduct monthly ride-alongs with drivers, providing an additional touchpoint for evaluation, feedback, and training. Leveraging Data to Improve Performance We use the data we collect to continually improve our services and increase system efficiencies and quality. We analyze this data to make operational improvements - not just for reporting on performance. That ensures continued improvement through real-time changes combined with the operational management structure Circuit puts in place. For more information on how we use data to improve our services and our technological data capabilities, please see Section B3.5 Technological Capabilities. Other Reports Maintenance, Customer Service Circuit can provide other reports and updates as needed by the City and can include these in regular monthly reports as well. Circuit uses fleet management software to maintain logs and important information about its fleet status and maintenance. Our internal team manages and logs customer service and feedback. We also can include spatial mapping, such as the report below. Current Projects: Circuit has experience operating electric micro-shuttle operations in 40 locations across 9 states, including: Florida Services Hollywood Pompano Beach Fort Lauderdale Wilton Manors West Palm Beach Palm Beach Miami Brightline+ Fort Lauderdale, West Palm Beach, Miami stations) Gardens Mall Palm Beach Gardens) The Ben Hotel California Services San Diego Santa Monica Marina del Rey Venice Culver City Huntington Beach Inglewood SoFi Stadium NFL games, Super Bowl) Chula VistaLong Beach New York Services New Rochelle Williamsburg Brooklyn) East Hampton Southampton Montauk Amagansett Hauppauge Industrial Park Clean Air NY Pilot) New Jersey Services Asbury Park Belmar Shore Texas Services Dallas West Dallas Austin Houston Other State Services Boston, MA Plymouth, MA City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 33 of 123 637 Circuit has been fortunate to work with a number of cities and private clients on many micro transit projects that are similar to the services being described in the RFP. To learn more about our past project experience please reference section B5.2 Past Project Experience. Experience, Awards and Recognition -Circuit has been fortunate to work with, learn from, and be recognized for various Micro-Transit Initiatives around the US. For more information on Circuit’s Experience, Awards and Recognition, please see Section B5.1.3 Micro-Transit Operations Experience. Experience with Drivers, Hiring, Training, Performance Please see more information about Circuit’s experience with a W2, employee driver workforce in Section B3.7 Driver Capabilities. B3.3 Financial Capabilities CONFIDENTIAL As shown by its experience in Hollywood, FL, Circuit has the financial capabilities to run, manage and scale this program. Circuit recently raised a Series A round of financing that was lead by Tribeca Venture Partners with additional investments by CitiBank3Impact Engine, Los Angeles Cleantech Incubator LACI ’s Impact Fund and has previously received investments from notable investors including Urban-X, Third Sphere and the BMW Mini Group of North America. Circuit would be happy to provide more detailed evidence of our financial capabilities upon request. For general guidance, Circuit’s 2022 Annual Revenue: $15.5M USD B3.4 Revenue and Funding Capabilities B3.4.1 Advertising Capabilities Circuit is able to continue to offer third party advertising as an additional revenue option. Circuit currently offers a revenue share of advertising sold and executed on the service, and will continue to do so to lower the cost of the service for the City of Hollywood. Circuit has a successful history of planning, selling, and executing advertising campaigns for a variety of local and national advertisers with the City of Hollywood. The brand has a clean track record and is recognized as a reputable transportation company as well as a dependable media vendor. Advertising options include exterior vehicle wraps, interior digital displays, email/social campaigns, and product sampling. Circuit’s in-house ad-sales team has 45 years of combined experience designing, planning, selling and executing transit media campaigns. This advertising program can also help to promote local businesses, as we’ve seen by working with groups like Billy’s Stone Crabs, Ritas, and the Hollywood Golf Course. We see advertising as a way to reduce costs and provide a fun and engaging experience for the riders. We have found that brand sponsors improve the rider experience and the methods Circuit uses to advertise on behalf of its advertisers can also be used to market its services to future riders. Circuit has found that 3 https://www.prnewswire.com/news-releases/circuit-raises-11m-series-a-to-expand-ev-shuttle-business-301619296.html City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 34 of 123 638 our parameters around appropriate ads align well with those of our partners, and the City would continue to have final say on what advertisements are allowed and what would not be permitted. Any advertiser and specific content would be submitted for City approval. Based on our confidence in securing advertising partners, Circuit has included a guaranteed discount to the City as further detailed in section B.10. Some examples of past campaigns are included in the images below. Local businesses advertising on Circuit vehicles in Hollywood, FL. B3.4.2 Fare Revenue Capabilities CONFIDENTIAL Circuit has experience operating fare-based services in Hollywood, FL. In 2021 Circuit implemented a low-cost fare into the Hollywood Sun Shuttle program. The $0 service moved to $1 and Circuit saw the total ridership continue to grow, despite the increase. Upon further investigation, Circuit learned that the lack of impact on demand caused by the fare was largely due to the large increase in TNC prices in the area. In this example, the average TNC fare was over 4X higher, for rides starting and ending in the area. Furthermore, the team found that fares had an impact in reducing cancellations from riders and therefore led to a more efficient system that moved more riders. This fare model has worked well and Circuit has regularly reported on these fares and used them to reduce the cost of the service to the City of Hollywood. City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 35 of 123 639 Circuit’s technology includes capability to charge fares on a flat fee basis as well as dynamic pricing, discount codes, and group rates. We have tested and proven technology, policies, and programs for offering fare-based programs. Our mobile app can accept payment via debit, credit, and prepaid cards. The application has the ability to charge a fee for service and has security in place to store encrypted credit card information via a third party integration with Stripe. For this program, Circuit will offer a flat fare of $2, keeping the fares consistent with how they’ve been structured in the past. Circuit has the ability to adjust this fare as needed, at the request of the City. Circuit can also “sell” promotional or access codes to local businesses so that they can prepay fares for employees and or customers. This approach can be useful in getting more financial support from the local business community and aligns with the City’s goal to make the program more financially sustainable. As part of the alternate options in Alternate Option C, Circuit has mapped out how increasing the average fare to $3 would impact the net cost of the service. Circuit, if the City is interested, can build a program that automatically adjusts fares based on the zones traveled to and from. For example, it might be $4 to go from Zone 3 to Zone 1, but only $2 to travel within a zone. Using this approach can increase the average fare collected per rider across the system. We can also cap the total fare per ride so adding additional riders will be less expensive than the first one. B3.4.3 Grant Sourcing Capabilities Circuit prides itself in our ability to help our partners source funds for initial launches, service expansions and to pilot new zones. Now, more than ever, grants are available to implement sustainable micro-transit systems that provide equitable and accessible transportation options that give way to environmentally forward thinking solutions. Our team, as we discover appropriate grant opportunities, will bring possible funding solutions to the City. Circuit has successfully secured grants and/or worked with Cities on grant programs in NY, CA, NJ and FL. Circuit has also been selected for and awarded grants from the State of California and State of New York with its municipal partners, including a recent Clean Mobility Options grant in 2021 and Clean Transportation Challenge Planning Grant for Electric Mobility in 2022. B3.5 Technological Capabilities CONFIDENTIAL Circuit’s custom proprietary mobile app for requesting rides available for Android and iPhone is available in both English and Spanish, with the ability to add additional languages to the platform as needed. Website: www.ridecircuit.com Apple: https://apps.apple.com/us/app/ride-circuit/id988052033 Android: https://play.google.com/store/apps/details?id=com.thefreeride.rider Circuit has developed its technology over the past 11 years and has built the technology with a variety of features that can be turned on and off, depending on the coverage area. Some of these features include approaches for smart spot locations vs fully on-demand, a pooling algorithm to maximize the utilization of the vehicles, dynamic fare models with flexible pricing and discount options, ADA accessibility and request features, Spanish language options, ratings and reviews and a number of other features. As the City is aware, our features have been built using feedback from riders, drivers and customers, utilizing the data generated across millions of rides. Since launching the Sun Shuttle service, we’ve introduced multiple new City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 36 of 123 640 versions of the app every year and continue to strengthen our roadmap of new features and options. This process is ongoing as we consistently strive to create the best user experience for our riders and partners. Riders have consistently rated our services very highly, both in internal and external surveys as well as the app stores. We have a 4.8 rating on the App Store and a 4.5 on Google Play (out of 5 stars), distinguishing us as the highest rated service on the Google Play Store compared to other micro-transit and rideshare services. We are committed to excellent customer experience and long term success, and our customer service team replies to all reviews in the app stores. The app is designed specifically for running and managing these types of on-demand, last-mile EV shuttle services and has been built and optimized based on data gathered from over 5M rides along with rider and driver feedback. Our user app is complemented by our driver facing app and management dashboard - a technology suite that we built specifically for our neighborhood electric vehicle operations. Circuit owns the app, all of the data, and can provide robust data reports, often limited by firms using white-labeled solutions. This further allows the team to make customized adjustments as needed by the City. Our ability to collect, record, clean and present data is always improving as we believe data is a key factor in providing an excellent standard of service. Circuit has recently partnered with Snowflake to create new databases that will allow for faster reporting, more flexible data analysis, and better visualization of data. If selected, Circuit looks forward to sharing these new capabilities with the City. Our dynamic pooling feature has resulted in 30% increases in ridership using the same number of cars and operating hours. This is true when we measure against our own services (turning pooling on and off) and also true when compared to other operators nationally.Pooling not only increases ride efficiency, it also decreases traffic, emissions and cost-per-rider, where we’ve proven to be more effective than other service operators. Unlike many white label solutions, Circuit owns its technology and is able to quickly and flexibly make adjustments and improvements. We are constantly improving the service and adding new features, which would continue to be available to the City at no additional cost. As with other local operations, Circuit can adjust the service territory, hours of operation, and other factors in a timely manner during the planning or implementation stages as needed - such as adding new service territories, adjusting temporarily for special events, adjusting seasonally, adjusting fare, piloting new zones etc. We also have a system in place for notifying riders of any changes to service, including in-app messaging such as updates to safety protocols and emergency conditions (hurricanes, flooding, etc). B3.5.1 Ride Request App Circuit has a custom mobile application available for iOS and Android phones where rides can be hailed within a geofenced zone. This application is a fare-integrated service model and is very user-friendly. Within the app, the user can see information about the service, add payment methods, see the coverage area map, select their desired pick up and drop off within the geofenced coverage zone, input number of riders, and request a ride. They are shown the estimated wait time, the location of the assigned car while on its way, and are alerted when the driver is close. After their ride, they can give a rating. Drivers receive notifications of the requested rides. City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 37 of 123 641 The service territory is a geo-fenced coverage area that ensures rides can only be requested and completed within the service territory. Our team makes sure that these geofenced zones include exactly the territory desired and that riders can make a request anywhere within this zone. We can also exclude roads and highways with speed limits higher than 35ph within this zone to ensure vehicles are not dispatched to areas where pickup is not possible due to speed limits. Key Advantages of the App ●On-Demand; ●Ability to add pre-determined Smart Stops to reduce wait times in larger zones ●Data Tracked for Ridership, Reporting, Heat-mapping & Management purposes; ●Ability to notify riders of service disruption through multiple avenues. ●Ride pooling to reduce congestion and wait times. ●Fare Collection features with Discount Code Options ●Driver facing capabilities to communicate with riders via text and call prior to boarding the vehicle Circuit is working on several integration projects and can work with the City and County to integrate the Circuit rider app with other transportation applications, including applications that might be introduced with the upcoming fixed route community shuttles. B3.5.2 Driver App Capabilities Circuit’s driver app and proprietary dashboard is used to manage drivers and generate reports. Each of our drivers is provided a company phone to see ride requests, safely communicate with management and riders, and optimize routes. Our operations and technology teams work closely together to test new features and updates and fix any issues that arise. Our hailed ride feature enables drivers to track non-app-based requests through the driver app. With our pooling feature, multiple rides are able to be assigned to a driver and are viewable in a queue format to the driver. Circuit can work with the City for any desired technology integrations, and can provide any necessary performance and data reporting. Ride request heat map from Hollywood Sun Shuttle Program City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 38 of 123 642 B3.5.3 On Demand Coverage Zones and the Smart Stop Approach For point-to-point service, a rider can go to and from any location within a geofenced coverage zone, typically focused on a small, localized coverage area. As mentioned in our alternative options, a capability of our technology includes the ability to set up a smart stop approach. The smart stop approach allows the rider to go to and from any predefined smart stop within a specified coverage area. A smart stop could be a predefined location at a school, transit hub, affordable housing community - or these could be spread throughout the community every few blocks, for example. We believe the smart stop approach is beneficial when covering larger service zones Circuit is flexible and able to adjust service before and after launch of services. As data comes in, Circuit can work with the City and the community to fine tune the service to best support the community shuttles in each zone. Please see below for a sample of proposed smart stops by zone. MTZ 1 Smart Zone Stops ●The Diplomat Beach Resort,3555 S Ocean Dr. ●Harry Berry Park,301 Azalea Terrace ●Arizona Street (By Taco Shack, across from Billy’s Stone Crab) ●Charnow Park , 300 Connecticut S. ●Hollywood North Beach Park, 3601 N Ocean Dr. ●Walmart, 2551 E Hallandale Beach Blvd MTZ 2 Smart Zone Stops ●Young Circle ●Publix, 1740 Polk St. ●Washington St. ●Hollywood City Hall, 2600 Hollywood Blvd. ●930 S 26th Ave. MTZ 3 Smart Zone Stops ●Publix Supermarket at Hollywood Mall, 3251 Hollywood Blvd. ●David Park Tennis Center,510 N 33rd Ct. ●Broward County South Regional Courthouse,3550 Hollywood Blvd. ●Orangebrook Golf & Country Club,400 Entrada D. ●Bob Butterworth Park, 5202 Washington St. ●Memorial Regional Hospital South,3600 Washington St. ●Washington Park,5199 Pembroke Road ●Harrison & S 56th Ave ●Sal Oliveri Veterans Park, 4701 Tyler St. B3.5.4 Using Data to Steer Service Operations Circuit has 4 years of information from our other shared, on-demand, electric shuttle services, allowing the team to utilize data from the Sun Shuttle, as well as other nearby Broward County operations and other comparable operations around the country. Consideration taken when forecasting ridership: City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 39 of 123 643 ●Size of the Coverage Area ●Hours of Operations ●Marketing to grow ridership ●Input from local stakeholders ●Performance of Comparable Programs ●Other transportation in the area While our data, local outreach, analysis, and research provide valuable insights month over month, we understand there will be unknowns and that we must monitor data and work closely with local stakeholders to make sure that we continuously adjust and improve the service to make sure it’s set up for long-term success in the City of Hollywood, as we have done since Sun Shuttle’s 2019 launch. We have refined our approach and recommendations in close coordination with City and CRA officials. Circuit’s Data Dashboard, Analysis and Expanded Features Since starting the program in 2019, Circuit has delivered monthly data reports to the City of Hollywood. By leveraging data from upwards of 17,000 transactions in a month, we’ve developed a healthy data set that provides information on top pick up and drop off locations, insights into ridership broken down by service hour and day, and the ability to monitor ridership growth throughout the service's lifetime. The system has also gone through numerous updates over the years and we’re proud to share that in the last 3 months we’ve built a relational database that integrates numerous data sets to help with data visualization, analysis and reporting. If selected for the next phase of the Hollywood Sun Shuttle program, Circuit now has the ability to add additional licenses for our City partners. Our ability to collect, record, clean and present data is always improving as we believe data is a key factor in providing an excellent standard of service. Circuit has recently partnered with Snowflake to create new databases that will allow for faster reporting, more flexible data analysis, and better visualization of data. If selected, Circuit looks forward to sharing these new capabilities with the City. Our next iteration of data reporting is a great value add for operations and transportation planning, this dataset can be a particularly valuable asset for the Cities long term urban planning initiatives. There are examples of updated data reports in Appendix 2, below. Pictured here is an example of the new zone-based analysis and heatmaps that have already been built. B3.6 Vehicle Capabilities In line with the RFP’s desire to have a sustainable fleet, Circuit proposes to use the currently existing GEM E6 all-weather, 100%-electric cars from Polaris Inc and Ford E Transit EV vans. City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 40 of 123 644 Sea Turtle Nesting Season Artwork on GEM Neighborhood Electric Vehicle Neighborhood Electric Vehicle NEVs)Circuit will continue to use GEM E6 all-weather, 100%-electric cars from Polaris Industries. The slim and efficient design reduces interference with traffic and decreases passenger load time. The cars are ideal for short-range, about-town transportation. The cars are easily kept clean and are outfitted with comfortable seats, ample legroom, fans, 3-point seatbelts, cargo space, and a friendly, local ambassador/ driver. They include all-weather options, and Circuit operates these vehicles in South Florida markets year-round. The car’s design is fun and inviting in nature. Hollywood Sun Shuttle riders have responded very favorably to these vehicles. Ford E Transit Electric 13 Passenger Van Ford Electric Passenger Van There are a number of electric passenger van options that Circuit has used in other markets. There are OEM options as well as conversion technology options. Circuit has directly used Lightning Systems and Maxwell converted electric passenger vans. They are ideal for roads with speed City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 41 of 123 645 limits above 35 mph, programs requiring higher capacity, suburban trips, and can be outfitted for ADA accessibility. ADA Service Vehicles We are able to offer one 1 Ford E Transit EV Van which offers a full automated lift and the ability to secure wheelchairs within the vehicle, and 8 total seats (as opposed to the usual 12, + driver). Additionally, we are able to offer one 1 WAEV Formerly Polaris) GEM e6 ADA vehicle which offers a full, fold out ramp and the ability to secure wheelchairs within the vehicle, and 4 total seats (as opposed to the usual 5 seats, + driver). Circuit is pleased to offer this vehicle to the City at no additional cost, as it is a part of the existing Hollywood Sun Shuttle existing fleet. Samsara AI Dash Cameras Circuit has recently installed Samsara AI bi directional Dash Cameras in the entire fleet of shuttles in Hollywood. These cameras use computer vision to analyze the road and driver behavior in real-time—making it possible to detect distracted driving and even warn drivers of an impending collision, helping prevent accidents before they happen. Any incidents of distracted driving or harsh braking events trigger an alert to “watchers” of specific vehicles. This group includes direct local management, Regional and Corporate Management. Circuit Management staff can view real time video and still views of the interior and forward facing exterior view of the entire fleet at any given moment. For any incidents the footage can be viewed and saved to determine fault of any accident. Samsara AI Dash Cam dashboard with both views, saved footage and trip details including trip route, duration and pick-up and drop-off locations. City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 42 of 123 646 B3.7.1 Vehicle Maintenance Capabilities Our in-house mobile service maintenance technicians are able to quickly respond to needs, and also adapt vehicles for the market. Vehicles are regularly maintained using rigorous checklists created in conjunction with the vehicle manufacturer. Typically, vehicles are inspected every 4,000 5,000 miles and the condition of filters, brakes, etc. are tracked and replaced accordingly. Additionally, data is shared about the cars’ performance in order to forecast future maintenance needs. As it does with ridership, Circuit takes a proactive approach to planning future needs. Each vehicle within our fleet has a unique ID. Our operations team tracks vehicle characteristics and status through fleet management software and communicates this status to Regional Management and other corporate team members through shared documents and project management software. These characteristics and status include driver vehicle check forms, current and pending advertising campaign information if any, maintenance records, assigned operating location or special event, mileage, as well as general information such as color, make, model, year, features. Drivers check vehicles before and after each shift and fill out a vehicle check form. They perform cleaning duties before, during, and after their shift. Any issues are noted and reported to local managers, who coordinate maintenance and repairs. We have trained and certified maintenance staff in each operating region, and would train a local maintenance team in Fort Lauderdale to manage regular and ongoing maintenance for local operations, with manufacturer certification for the vehicles in use. B3.7 Driver Capabilities Circuit has a robust hiring and training program backed by standard operating procedures, driver manuals, and emergency and health & safety plans designed to provide high quality customer service through a fun and convenient on-demand service. As now with the current Hollywood Shuttle, Circuit will continue to ensure all drivers meet and follow the required guidelines as required by the RFP. As the City of Hollywood is aware, Circuit prefers to hire local w-2 Driver Ambassadors from within our service area who have local knowledge and experience. We focus on hiring drivers with high degrees of customer service and professionalism as well as local knowledge of the community, as our drivers are ambassadors for the local community.This model reduces greenhouse gas emissions by keeping workers local and supports the local community by providing jobs. Currently, 14 of our 19 Hollywood Sun Shuttle Drivers are Hollywood residents. You can find further details in the Driver Model section below. Quality Control is why we have successful operations throughout the country with several locations running for more than 5 years. We focus on recruiting, hiring, onboarding and training service oriented candidates with a strong driver safety record. Along with Driver Ambassadors we employ location Supervisors, Location Operations Managers, Regional Operations Managers and local corporate support. We use several training and monitoring programs including our own admin dashboard (backend of the Ride Circuit app) for a real time look at activity in the field - driver/ ambassador gps location, trip queue, availability status and rider reviews of the Driver/ Ambassador. Samsara AI Dash Cams provide a real look into the individual vehicles. Can record any video clips and alert the supervisor and management teams for any harsh events. Regular feedback and reviews by management to address any areas of concerns and give feedback. City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 43 of 123 647 B3.7.1 Driver Model Each Circuit location has a dedicated team of managers, supervisors and drivers to ensure service performance and Company operational standards. Circuit builds successful, proud teams and focuses on development and retention. Upon award of this contract, Circuit will be easily able to leverage our current driver ambassador team, and as needed, develop and provide a more specific staffing and personnel plan tailored to the final service scope. Please see below for the positions that are staffed to make up Circuit’s Driver and Fleet Team: ●General Manager / Operations Manager:Full time hired positions (depending on scope). Responsible for day-to-day operations, vehicles and staff. Reports directly to the Region General Manager. Direct reports are Shift Supervisors and Driver Ambassadors. Perform dispatch and customer service responsibilities as needed ●Shift Supervisor:Full-time hired positions. On-site at all times during service hours. Perform dispatch and customer service responsibilities as needed. Additional training and responsibilities. All shifts include at least 50% of shift driving in service. Shift reporting and “hand-off” submissions ●Vehicle & Warehouse Maintenance Manager:Circuit regional technician licensed and certified. Weekly, monthly & quarterly vehicle maintenance schedule. Direct contact with vehicle manufacturers and systems. Additional responsibilities, response, and reporting requirements as specified in this CFP. As needed, other operational staff may be trained and certified to assist Maintenance Manager with maintenance responsibilities ●Driver Ambassadors:Full-time and part-time employees Circuit hired, W2 employees). Living-wage pay and benefits. Follow Circuit operational policies and local rules for revenue service ●Driver Staffing:We first hire a base of full-time, set schedule drivers and then a base of part-time, set schedule drivers. We then hire a smaller group of fill-in drivers who do not have a set schedule but actively work each week to round out the schedule, either picking up any open shifts known in advance and/or fill in on call. We have a combination of longer shifts, allowing time for finishing rides, cleaning their vehicle, and checking out. We stagger and mix in shorter shifts throughout the day based on demand data learned over time to maximize efficiency. Circuit uses shift scheduling software to plan its staff schedules and make the process seamless for employees. What We Look For In A Driver Ambassador ●Outgoing, Inviting, Friendly ●Local Resident and/or Local Knowledge ●Safe & Responsible ●Customer Service experience ●Team oriented ●Self-Motivated with a focus on development ●Dependability Driver Requirements ●Legal:All Circuit drivers must be at least 21 years of age, have an active driver’s license for at least 3 years, and must have a clean driving record with no accidents or tickets. ●Insurance Clearance:Background Check: All Circuit drivers must be cleared to drive by our insurance carrier through Motor Vehicle Record and/or Background Checks. City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 44 of 123 648 ●Personality:Circuit employees are more than drivers. Everyone is an ambassador to both the Circuit brand as well as sponsor brands. We look for motivated, outgoing, excited and responsible employees to represent our brand. ●Pre-Hire Driver Exam:Potential hires lastly go through a physical driving exam accompanied by the Operations Manager. The Circuit Pre-Hire Driving Exam is submitted to the Regional GM for final approval. B3.8 Customer Service Capabilities Customer Service One of Circuit’s core values is customer experience. Circuit focuses on hiring drivers and operational staff that exhibit excellent customer relations skills and value experience in customer service. We include customer relations as a part of our training program, which includes updates to policies related to safety and responding to rider concerns. We hire locally and prefer drivers that are familiar with the local community to act as an ambassador as well as a driver. We are committed to excellent customer experience and long term success, and our customer service team makes a point to reply to all reviews in the app stores. Circuit currently maintains a local Hollywood and South Florida workforce of managers, shift supervisors, and driver ambassadors in its operating locations, which are all trained in customer service. Circuit also has a regional manager in place, who manages operational functions such as permitting, maintenance, vehicle procurement, vehicle and driver insurance onboarding, hiring and training across multiple locations to maintain a consistent level of quality and operating efficiency. They are also integral to preparing for and launching new operational locations as well as coordinating new app feature launches. Our local operating and management staff are available during operating hours, which vary by location and are determined in cooperation with local partners. Training for employees involved in customer service include on-the-job training using pre-existing SOPs and quick reference guides for template responses to a high majority of common questions. This covers training with guidance specific to phone, ride request app, and email inquiries as well as those that might take place in-person. These employees have direct supervisors to reach out to for approval on sensitive topics to ensure compliance. Training is a multistep process that begins with shadowing another employee, hands-on training with supervision, and continued ongoing training. We have a multifaceted customer inquiry, and contact system, which our staff are trained to use and keep accurate logs. Operational staff are also involved in our local community outreach efforts, including representing the company at local community events. All staff are trained to respond to customer needs and handle any complaints in a timely and courteous manner. Riders can submit feedback within the mobile application and through the website, email and by phone. Circuit’s national corporate team monitors these as well as social media accounts and app store feedback/ratings. The national team will direct users to a local manager if and when needed. We also conduct regular rider surveys to analyze and improve our service offerings. Our team continually works to make its technology and information about its services accessible broadly to the local communities it operates in. As mentioned in Section B3.5 Technological Capabilities, our mobile app is available in English and Spanish. We have bilingual drivers and can include hiring preferences City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 45 of 123 649 for additional language capabilities. We have also created marketing materials in both English and Spanish. Circuit’s website and location pages include accessibility features, and our operations staff are trained in providing equivalent service and any additional assistance needed for riders with mobility impairments and disabilities. Our local teams can also assist riders in downloading the app, providing information about the service and the community, and responding to questions. Historically Circuit has seen driver ratings of at least 4.8/5 stars in all of its markets, and locally has an average of 4.9 over the past two months. Many of our services have a majority senior 65 ridership who use our services frequently for local trips and errands. Seniors have been strong advocates for our services. Our high ratings and strong local support are a direct result of the positive customer experience created by our drivers. Circuit will continue to provide updates and reports on Customer Service to the City as needed. B4. Driver’s Qualifications Hiring Process Each Circuit location has a dedicated team of local managers, supervisors and driver ambassadors to ensure service performance and Company operational standards. Circuit builds successful, proud teams and focuses on development and retention. We would be able to leverage our existing Hollywood and operational experience and infrastructure to quickly and efficiently continue to staff Sun Shuttle as needed. As the City of Hollywood is familiar, Circuit’s drivers are more than just drivers. They act as local ambassadors; representing the city, providing local knowledge and encouraging local business. All driver ambassadors will be provided with a company uniform and name tag. All Circuit driver ambassadors must be at least 21 years of age, have an active driver’s license for at least 3 years, and must have a clean driving record with no accidents or tickets. All Circuit driver ambassadors must be cleared to drive by our insurance carrier through Motor Vehicle Record and/or Background Checks. For this program, we would implement the required background check and provide any needed documentation to the City. As required, we will implement the required FDOT Drug & Alcohol testing. We have identified a Florida based company, Accredited Drug Testing where we would establish a company account for testing. Accredited Drug Testing uses Quest and LabCorp national collection site network. Circuit will always commit to a local hiring preference in all markets. One of the many benefits of hiring locals include ensuring staff are familiar with the location and can serve as a knowledgeable ambassador. 74% of existing Hollywood Sun Shuttle drivers are Hollywood residents. As we have done in Hollywood and other markets, along with posting job openings on popular platforms such as Indeed, we can work with local workforce development and job placement centers to source qualified local candidates as is needed by the service or to support any future expansions. Circuit currently has multilingual driver ambassadors in South Florida and is able to include bilingual/multilingual driver ambassadors as a local preference for hiring, if desired by the City. Driver retention is a factor that the company is proud of- there are happy teams, and advancement opportunities in every market of service. Over the past 12 months we have seen a retention rate of 94% for the Hollywood Sun Shuttle operation. This is the result of the diverse work environment that Circuit City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 46 of 123 650 creates, the camaraderie among employees, the ability to grow, and the enjoyable, safe and fair management. As described in Section B3.7 Driver Capabilities, Circuit seeks specific driver qualities that ensure safety, professionalism, a focus on customer service, and knowledge of the City as a visitor destination. Circuit employees are more than drivers; they are ambassadors to the local community. Circuit conducts regular management and staff performance reviews on a weekly, quarterly and annual basis. During these sessions, we encourage the staff to also share their evaluation of the program and ways to improve service. We hire locally - our staff are part of the community they are serving. Their input and expertise is valuable, and we encourage this feedback loop. Managers also conduct monthly ride-alongs with drivers, providing an additional touchpoint for evaluation, feedback, and training. The management team has access to our proprietary management dashboard to view operations in real-time and regularly monitors the drivers’ performance. Circuit will offer these tools and data reports to the project team at the City, to maintain quality control, transparency and monitoring for future improvements. Additionally, Circuit uses scheduling software to keep the team connected, manage shifts, and enable local management to efficiently manage the local team. B4.2. Training Driver Training Program As the City of Hollywood is aware, Circuit employs and trains its operational personnel, including driver ambassadors. Circuit uses its successful developed personnel policies to create a hiring and safety program specific to the unique operation. The process includes hiring, background checks, drug tests, alcohol screenings, initial training, continued training and performance evaluations. We can quickly add drivers and vehicles to our national custom auto insurance policy. When the manager is comfortable with a candidate and decides to extend a job offer, they will be introduced to our staff training/development tools & programs. The hiring and training systems we have in place will help the City achieve its safety and accessibility goals with regards to this project while also ensuring a high quality customer experience, which encourages further ridership and exploration of the community. Circuit has a training program in place for new operational staff which covers safe and efficient operation of electric vehicles, cleaning and safety processes, and customer service. Circuit has a corporate operations team that develops and maintains operational policies and procedures including over 180 pages of Operations Manager and Driver Ambassador training guides and supports SOPS. They hire and train new managers and coordinate hiring and training for new drivers. Circuit has a Regional Manager in place for Florida. Drivers receive initial in-person training, are observed on ride-alongs, receive ongoing on-the-job training, and are updated on any new operational policies or procedures. Training is conducted by local managers and supervisors. Our teams have consistently met requirements from transit authorities and police/sheriff’s departments, in all of our markets, including Florida, for vehicle inspections and driver training and testing. We would institute our vehicle cleaning program to maintain the appearance and cleanliness of the vehicles along City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 47 of 123 651 with the safety and health of the passengers and drivers. The management team has access to our proprietary management dashboard to view operations in real-time and regularly monitors the drivers’ performance. Circuit will offer these tools and data reports to the project team at the City, to maintain quality control, transparency and monitoring for future improvements. Additionally, Circuit uses a scheduling software to keep the team connected, manage shifts, and enable local management to efficiently manage the local team Our training program specifically covers: ●Safe operation of an electric vehicle ●Efficient operation of an EV, maximizing battery efficiency ●Advanced cleaning procedures ●Safety guidelines and policies ●COVID19 advanced safety and cleaning policies and procedures ●Customer service and passenger relations ●ADA regulations and operations ●Use of the Driver Mobile App ●Communications policies ●Emergency procedures and plan ●Accident reporting/procedures Circuit also provides ongoing training / retraining and conducts performance evaluations. Our teams have consistently met requirements from transit authorities and police/sheriff’s departments, including in Florida, California and New York, for vehicle inspections and driver training and testing. Along with the initial training program, monthly and quarterly management ride-alongs specifically focus on customer experience. Additional staffing lead time is roughly two weeks for hiring and proper in-car and classroom training. Circuit currently has 75 employees in Broward County that are available to fill in any gaps or decrease lead time while we hire local staff from the City of Hollywood. B4.2.1 Certifications In addition to our vehicle maintenance certifications, our teams also hold certifications in WAV / ADA sensitivity training, as well as the National RTAP National Rural Transit Assistance Program) Certification, which is part of the FTA’s, “2 The Point” training and certifications around ADA and Sensitivity, Defensive Driving, Distracted Driving, Drugs and Alcohol, Passenger Safety. Additionally, We have staff that have completed PASS Training Passenger Assistance, Safety and Sensitivity. We also have our vans inspected and permitted with Broward County as Vehicles for Hire. B4.2.2 Drug Testing and Hiring Standard Circuit recognizes the requirement to enroll the company staff in an FDOT approved drug testing program and have a supplier of such services available. Currently in Circuits Hollywood Sun Shuttle operation, drivers, due to the type of vehicles, are not required to obtain a CDL or to complete FDOT certification as the vehicles are all under 16 passengers. Accredited Drug Testing works with a local LabCorp facility at 3700 Washington St. in Hollywood. Circuit has obtained pricing and details to enroll the staff into the program, and is willing and capable to complete that requirement. City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 48 of 123 652 B5. Firm’s Qualifications and Experience Using teams of W2 Drivers, Fleets of 100% electric vehicles, and an on-demand app, Circuit has provided over 6M rides. As detailed in Section B3, Circuit is an experienced operator of Micro-Transit Services. Circuit will provide its turn-key micro-transit solution using a fleet of Ford EV vans and electric Polaris GEM e6 NEVs to meet the transportation, traffic reduction and sustainability objectives of the City of Hollywood. Circuit’s services can be expanded quickly, to implement the expansion of the service as set forth by the RFP. Circuit’s existing Hollywood, Florida Sun Shuttle service has proven to be cost efficient and effective in tackling the mobility challenges in the community. B5.1 Experience Overview B5.1.1 Experience Overview As referenced in Section B3.1, Circuit has over 11 years of experience as an established national leader in the on-demand, first/last-mile transportation industry and an experienced operator of fleets of EVS and NEVs. Currently we operate 40 services across nine states. We are experienced in operating under COVID 19 restrictions and guidelines to ensure the health and safety of our riders and staff. We have a fleet of over 190 electric vehicles, a team of over 340 EV trained and W2 paid employees, and a local team of over 92 employees in Broward County and 164 in South Florida. We're one of the few providers with experience operating numerous electric vehicles as part of the same fleet. For more information on our technology, operations and maintenance experience please reference section B3. Vendor / Contractor Capabilities. Our corporate team has extensive experience in planning, designing, implementing, reporting, and maintaining NEV micro-transit programs and has operated programs similar in size and scope to this RFP, including fare-based systems. Our high customer satisfaction ratings and high demand are a testament to the superb customer service provided by our driver ambassadors and management. Within the last five years, we have operated similar on-demand shuttle services using all-electric vehicles in Florida under contract with government entities in addition to the Hollywood Sun Shuttle, including nearby locations like Fort Lauderdale, Wilton Manors, Pompano Beach, West Palm Beach Downtown Development Authority, and Palm Beach County Convention Center. We additionally have a contract with Brightline to operate first/last mile on-demand services around stations in West Palm Beach, Boca Raton, Fort Lauderdale, Aventura and Miami. Circuit has operated services across the US, including in FL, CA, NY, TX, NJ, NC, MA, IL, and CO. As the City of Hollywood is familiar, Circuit has been most successful in first / last mile gaps and providing an enjoyable and safe rider experience. Our service model encourages riders to avoid using single occupancy vehicles or private rideshare services that add congestion and pollution, as is aligned with the RFP’s desire for a sustainable. City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 49 of 123 653 B5.1.2 Neighborhood Electric Vehicle Operations & Maintenance Experience As mentioned above, Circuit is the largest operator of neighborhood electric vehicles and has a growing fleet of various electric vehicles available in South Florida. We have Standard Operating Procedures, maintenance schedules, and operational expertise specifically for these vehicle types and their use in on-demand micro-transit service. Our experienced maintenance team is certified with Polaris Industries (transitioning to WAEV Inc.). For more information on our experience operation and maintaining these vehicles please see Section 3.6 Vehicle Capabilities. B5.1.3 Micro-Transit Operations Experience Circuit’s growth is largely due to its successful operations and satisfied customers. From technology, management, training and operations, Circuit’s full suite of services are best in class and offer the highest levels of quality for this type of service. Circuit maintains rigorous quality controls across all of its operations. Along with a dedicated, responsive and local staff, Circuit’s national team is readily available to handle technology improvements, vehicle enhancements, customer service, impact measurement and grant writing. The dedicated team and quality of service is what sets Circuit apart from other operators and will continue to offer the highest level of service for the City of Hollywood. Circuit, with its subsidiaries including Eco Cab LLC and South Florida Free Ride LLC, has operated on-demand micro-transit since 2011. Our on-demand services have included door to door and point to point services within a specified service territory. Circuit has experience operating these services for comparable cities and scopes of work focused on residents, guests, and commuters. Our on-demand service and mobile app make it easy to request a ride to local destinations, including shopping, restaurants, events, nightlife access and various appointments. We have the policies, procedures, and hiring and training standards in place to launch new markets and operate with a consistently high level of service, with specific attention to customer service. In our experience operating in South Florida, we know that extreme weather events such as hurricanes and flooding can be a seasonal occurrence. We have been able to manage flooding issues related to recent king tides and maintain appropriate levels of service. We have experience dealing with these issues and have an emergency plan in place. Circuit’s technology allows our team to be agile in its approach to addressing any disruptions or changes to service levels. Circuit’s team has been recognized for its efforts as an innovative neighborhood electric vehicle solution. In December 2019, Fast Company highlighted Circuit as the “Electric vehicle ride-share company that won the trust of cities without ‘disrupting’ them”.4 The team has also been featured in The NY Times, Business Insider, Forbes, Fox News, ABC, NBC and a number of other publications. Circuit has been the recipient of numerous awards like: Alonzo Award for Mobility in San Diego, Vendor of the Year Nominee Palm Beach Convention Center, Clean Air NY Champions Award, Lamplighter Award for Best New Service in San Diego, Rulebreaker Award for Startups Changing their Industries, 2018 Gold Medal Ad Club of New York, Outdoor Media Plan of the Year, Gator 100 Award (#20 , and numerous others. 4 https://www.fastcompany.com/90444895/how-this-electric-vehicle-ride-share-company-won-the-trust-of-cities-without-disrupting-them City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 50 of 123 654 Circuit was accepted and completed the URBAN X Accelerator5 program where it received an investment from BMW/Mini and access to international mobility experts. Circuit has also completed the Los Angeles Cleantech Incubator(LACI)6, Civstart7, Leading Cities8 and AWS Smart Cities Accelerators. The team recently closed a Series A capital raise, welcoming a strong group of new investors. Circuit’s team has been asked to speak/participate at events like CoMotion Miami, LA CoMotion, Association for Commuter Transportation International Conference, Safe Streets Summit, Electrify Expo, LACI’s Transportation Electrification Summit, SmartCities NY, 20 20 Cities, Civic Lab, and the UCLA Arrowhead Conference on Transportation. B5.1.4 Community Engagement Experience Circuit’s team has participated in local events such as Hollywood’s Candy Cane Parade, St. Patrick’s Day Parade, ArtWalk, Hollyweird, and in other service areas; Fort Lauderdale St Patrick’s Day Parade (annual), Broward Complete Streets, Food Deliveries in Hollywood for Feeding South Florida, and Cleaning Up Clematis in West Palm Beach. We do regular familiarization tours with media and meeting planners in our City Programs. We also donated a vehicle towards the recovery efforts for first responders to use during the Champlain Towers relief efforts. Along with events, Circuit stays actively engaged with our riders via the app, social media and publishes regular newsletters. Circuit has built a great base of over 10k local riders that we regularly send local newsletters to. This engagement has kept our ridership high and our riders informed of local events, happenings and businesses. HollyWeird Branding Partnering with Feeding South Florida to assist with Food Deliveries in Hollywood during Covid 8 https://leadingcities.org/accelicity/63dbbb3a-23ad-4572 87cf-2377dfdf766e 7 https://www.civstart.org/ 6 https://laincubator.org/second-cohort-of-market-access-program-provides-on-the-ground-mobility-solutions-for-communities-across-los-angeles/ 5 https://www.urban-x.com/ City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 51 of 123 655 Circuit vehicle donated for Champlain Towers Relief Efforts in Bal Harbor, FL. Sample Newsletter to Hollywood Riders, February 2023 City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 52 of 123 656 As indicated in Section B1.2,Circuit regularly surveys its riders to learn more about the service and improve the quality of our offerings. Additionally, as indicated in Appendix 1.1,many of our riders are willing to add their names to a statement in support of our services B5.2 Project Experience B5.2.1 Past Project Experience- Hollywood Sun Shuttle Sun Shuttle- Hollywood, FL Type of Service On-demand micro-transit services Contract Term April 2019 Present Nature of Services On October 17, 2018 the Hollywood City Commission passed and adopted Resolution No. R 2018 335, authorizing the execution of an agreement with Free Ride, now known as Circuit Transit Inc. (" Circuit"), for circulator services to and from Downtown Hollywood, Hollywood Beach, and the City's parking garages for an initial one-year period with the option to renew for three additional one-year periods. The service commenced in May 2019 and has been renewed for each of the additional three one-year periods. The coverage area includes Downtown Hollywood and Hollywood Beach and consistently experiences high demand. This program began as a self-branded service and has recently opened for third party advertising. The coverage area includes Downtown Hollywood and Hollywood Beach and consistently experiences high demand. The City named the program “Sun Shuttle” which began as a self-branded service and has recently opened for third party advertising with a revenue share to the City. This program has exceeded the City’s expectations, doubling ridership at an estimated 70% of the cost of the previous trolley system. This program has continued to operate during the pandemic as an essential transportation service. Annual ridership has grown every year (including during peak Covid lockdowns in 2020 . The service launched as free and at the April 2021 renewal we were asked to implement a $1 per rider fare to control demand, and ridership held steady. At the April 2022 renewal we were asked to increase the fare to $2 per person, ridership has remained strong. Hollywood Sun Shuttle Ridership by Month Jan 2021 Dec 2022 City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 53 of 123 657 This program started as a fare-free service and recently introduced a nominal $1 fare and $1 price per additional passenger. We have seen no drop in ridership as a result of fare implementation and have actually seen an increase in ridership since, with shorter wait times and an increase in operational efficiency. “Thank you and Hollywood for making it possible for our vulnerable Seniors to remain safe and healthy”- Memorial Senior and Family Services In response to the COVID 19 outbreak, Circuit has adapted to provide mutual aid to the Hollywood community. Beginning in April 2020, Circuit partnered with Feeding South Florida, who have been supplying to local food banks. The three food banks involved are Liberia Economic and Social Development Inc., Community Enhancement Collaboration, and Cruciform Church. These organizations assembled boxes of donated food to be distributed and our drivers picked up the boxes and delivered them directly to the homes of the most vulnerable without access to transportation. The Hollywood drivers made 1,092 deliveries to at risk members of the community. Nature & Type of Vehicles: all-electric Polaris GEM e6 Circuit vehicles in Hollywood FL with Sun Shuttle branding Drivers in PPE, delivering grocery boxes during Covid B5.2.2 Past Project- FRED FRED San Diego, CA Type of Service On-demand micro-transit services, fare-based program Contract Term 2016 present Nature of Services In 2016, Civic San Diego and the Downtown San Diego Partnership selected Circuit to operate the Free Ride Everywhere Downtown FRED Circulator. The program has received national attention, community support, and extended funding. In its first year of operation, Circuit served over 140,000 riders, maintained wait times below 6.5 minutes, created over 35 new jobs, and saved 96.3 metric tons of CO2 emissions. Since then, Circuit has improved its technology on the vehicles, added a pooling algorithm to its app, used the data to enhance operations, and has saved 325 metric tons of CO2 emissions. Circuit provides over 25,000 rides per month and is on track to do over 280,000 rides per year. The City has funded the service with Circuit also selling third party advertising at a revenue share to the City to offset costs of operation. Circuit operates 15 20 vehicles in the market, depending on demand. City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 54 of 123 658 Nature & Type of Vehicles: all-electric Polaris GEM e6 Circuit’s vehicle in San Diego CA B5.2.3 Additional Past Project Experience Please reference Appendix 3 and Appendix 4 for more evidence of Circuit’s relevant project experience. B5.3 References West Palm Beach, FL Project Manager:Teneka James Phone Number:516 833 8873 Email:tjames@downtownwpb.com Brightline Project Manager:Jean Carlos De Jesus Phone Number:786 561 1656 Huntington Beach, CA Project Manager:Sean Crumby Phone Number:714 374 5348 Pompano Beach, FL Project Manager:Jeff Lantz Phone Number:954 786 5580 Gardens Mall Palm Beach, FL Project Manager:Whitney Pettis Phone Number:561 622 2115 Additional experience City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 55 of 123 659 B5.4 Customer Testimonials Confidential) Gus Zambrino, Assistant City Manager, City of Hollywood FL They are experienced and professional operators that are part of the community and provide a fun and convenient customer experience. Circuit’s team has been a pleasure to work with and have been great at building local support. Andria Wingett, Assistant Director of Development Services, City of Hollywood FL Circuit Transit is always responsive and has adapted to Hollywood’s changing needs; during the initial set-up, ongoing services and especially during the COVID pandemic. Carolina Galleguillos, BS, CDP, Memorial Senior and Family Services, Hollywood FL Thank you and Hollywood team members for making it possible for our vulnerable Seniors to remain safe and healthy in their homes. Our seniors so appreciate the fresh produce during this Pandemic. Sandra King, City Spokesperson, City of Pompano Beach FL You don’t have to drive anywhere, you don’t have to look for a place to park, you just jump on the circuit vehicle and go where you want to go. Ashley Medeiros, Destination Services, Discover the Palm Beaches The Circuit team is ALWAYS a great partner to work with. They are attentive, flexible, and hospitable! Luiz Aragon, Commission of Development for the City of New Rochelle, NY Circuit NR is a terrific community partner committed to providing safe, reliable and sustainable public transportation across New Rochelle’s downtown corridor. As we continue to see increased real estate demand across New Rochelle and as our once-in-a-generation downtown redevelopment continues to move forward, we believe Circuit NR’s electric on-demand shuttles can play a pivotal role in connecting our community to innovation, technology, arts, culture, schools, open space and our local businesses in an environmentally efficient way. As we see increased real estate demand across New Rochelle, we believe Circuit NR’s electric, on-demand shuttles can play a pivotal role in connecting our community to innovation… and our local businesses. Misti Kerns, Santa Monica Travel & Tourism They’re electric, they’re open air, and they’re fun. As that started to pick up and we started to hear good comments about it, we thought it might be a good option for some of the hotels. Their service has transformed our visitor and resident experience for short distance local travel. Their vehicles are always clean, new and fully stocked with our visitor guide, map and materials. Their drivers are always well informed on the destination, clean, uniformed, and friendly. I can’t imagine partnering with another provider for our electric transport needs, so great for this beach environment. Reese Jarrett, Civic San Diego Civic is thrilled to have played a part over this past year, in reducing congestion and decreasing the carbon footprint within the downtown community. Betsy Brennan, Downtown San Diego Partnership Since FRED's introduction to San Diego in 2016, Circuit has become an integral part of Downtown’s mobility structure. It provides residents, employees, and visitors a free, green, and enjoyable way to traverse Downtown’s neighborhoods while also mitigating congestion and parking issues. Mathew Sandford, Senior Director Economic Development, San Diego EDC City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 56 of 123 660 In a region as dynamic and diverse as ours, the ability to easily get around is essential to our economic health. Micro mobility options, like the FRED program in Downtown, provide one tool in the economic development toolkit by addressing the last mile dilemma. Businesses of all types and sizes benefit when workers have options for getting to work, and patrons have easy access to goods and services. In short, the FRED program makes Downtown more accessible and is a model that could also benefit other communities in the San Diego region. Marisa Mangan, San Diego Association of Governments SANDAG Circuit’s neighborhood electric vehicle shuttles in downtown San Diego are a great example of how shared mobility services can provide efficient, convenient, and emission-free connections within a community. Services like Circuit directly support SANDAG’s bold new transportation vision for the region which includes implementation of Mobility Hubs served by a wide variety of Flexible Fleets. B6. ADA Compliance B6.1 ADA Compliance Plan Circuit has ADA compliant vehicles. In both the proposed operation plan, and any alternative option, Circuit proposes one 1 Ford E Transit EV Van to be available on standby for ADA requests; this vehicle will be able to move between zones as needed. Additionally, Circuit would provide the City one 1 Polaris GEM e6 ADA vehicle available on standby for ADA requests at no cost as this vehicle is a part of the branded existing fleet. For more information about vehicle accessibility please reference the B3.6 Vehicle Capabilities section above. Circuit will craft a service that is available for all users. Having done so already in other markets, Circuit will be able to provide a trusted option for passengers with disabilities. The drivers are trained to be accommodating to everyone looking for aride. Riders with disabilities have the option to request an ADA vehicle with a loading ramp. This request can be made through the ADA accessible app or by flagging down drivers. More information can be found in Section 2.1. City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 57 of 123 661 B7. Maintenance / Recovery Plan As stated in our Vehicle Maintenance section in Section B3.7.1, our in-house mobile service maintenance technicians are able to quickly respond to needs, and also adapt vehicles for the market. Vehicles are regularly maintained using rigorous checklists created in conjunction with the vehicle manufacturer. Typically, vehicles are inspected every 4,000 5,000 miles and the condition of filters, brakes, etc. are tracked and replaced accordingly. Additionally, data is shared about the cars’ performance in order to forecast future maintenance needs. As it does with ridership, Circuit takes a proactive approach to planning future needs. For more information on our vehicle maintenance processes please refer to Section B3.7.1 Vehicle Maintenance. Access to Additional Vehicles Given our nearby operations, specifically in Fort Lauderdale, Pompano Beach, Wilton Manors and South Florida in general, we are readily able to supply additional electric vehicles on short notice on an as-needed basis. In the event a vehicle needs maintenance, our on-staff, GEM-certified technicians can typically be in the market within 20 minutes. If needed, a new vehicle can be brought to the market, or for events, within 2 hours. We have 52 vehicles within Broward County, and 79 within South Florida that are Circuit owned and therefore we have immediate access to this fleet, including spare vehicles in our Fort Lauderdale market. While Circuit has found great value in using GEM WAEV Vehicles), Ford eTransit EV Vans, Tesla and similar EV Sedans, we have built our systems for the electric vehicle types to be interchangeable. B7.1 Commitment to Avoid Service and Operation Disruptions Circuit has almost 4 years of experience operating a micro-transit service with up to 13 vehicles. We have and would remain committed to keeping the service operational through challenges that can occur. We have a robust preventative maintenance plan and certified maintenance technicians on staff to respond City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 58 of 123 662 quickly (typically can be on site in under 1 hour) to diagnose and most times make any repairs or replace components on-site. In any event that a car needs a longer repair we have a large fleet in the area to send a replacement vehicle typically within 1 2 hours. Circuit is prepared to fulfill this requirement and is committed to avoiding service and operation disruptions. More details are provided about emergency management, risk mitigation, vehicle maintenance, customer service and operating procedures in Sections B3, B3.7, B4 and B5 B8, B.8.1 and B.8.2. B7.2 Scenario Response “The Contractor must also provide a response to this scenario: A vehicle breaks down in the middle of the afternoon (weekday) and the current outside temperature is 95 degrees Fahrenheit. The vehicle has a mixture of passengers: elderly, middle aged, children, and infants. Explain the Contractor's course of action that would be taken.” Circuit has extensive experience operating a high volume of shuttles moving tens of thousands of people every month. We are also contracted by Brightline Trains and have a response team for any disruption to train service where we dispatch EV Vans to move train passengers between stations if the tracks are temporarily closed. In the event of a vehicle breakdown, first and foremost we ensure that all passengers and staff are safe and clear from vehicular traffic. If an emergency response is needed we would call 911. We would direct all passengers to a safe area out of the heat, direct sun or inclement weather to wait for another vehicle to arrive. The driver of th disabled vehicle would then communicate with their supervisor to dispatch another vehicle to pick up the passengers. Direct communication via phone, text or a company slack channel ensures a quick response. For a disabled vehicle we have technicians nearby to diagnose and often repair on site, otherwise for larger repairs we have an account with both a local tow company and AAA if a vehicle needs to be transported on a flatbed trailer. Circuit is prepared to handle service disruptions and emergencies and has detailed its emergency management, risk mitigation and operating procedures in Sections B8, B.81 and B.82. B8. Risk Mitigation B8.1 Emergency Management Plan The Emergency Action Plan is designed to provide Circuit with a management tool to facilitate a timely, effective, efficient, and coordinated emergency response to significant events affecting our locations and our employees. Emergency management consists of four continuous stages: Mitigation This stage includes activities designed to reduce or eliminate risks to persons or property or to lessen the actual or potential effects or consequences of an incident. Mitigation measures may be implemented prior to, during, or after an incident. Mitigation involves ongoing actions to reduce exposure to, probability of, or potential loss from hazards. Measures may include analysis of hazard related data to determine where it is City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 59 of 123 663 safe to relocate temporary facilities. Preparedness Preparedness is a continuous process. Preparedness involves efforts at all levels to identify threats, determine vulnerabilities, educate and train the employees and identify required resources. Preparedness is focused on establishing guidelines, plans, procedures, protocols, and standards for planning, training and exercises, personnel qualification and certification, equipment certification, and publication management. Response Response includes activities that address the short-term and direct effects of an incident. It includes immediate actions to save lives, protect property and the environment, and meet basic human needs. Response also includes the execution of emergency operations plans and of mitigation activities designed to limit the loss of life, personal injury, property damage, and other unfavorable outcomes. As indicated by the situation, response activities include applying intelligence and other information to lessen the effects or consequences of an incident; increased security operations; and continuing investigations into the nature and source of the threat. Recovery Recovery incorporates the development, coordination, and execution of service- and site-restoration plans; the reconstitution of operations and services; treatment of affected persons; additional measures for environmental and economic restoration; evaluation of the incident to identify lessons learned; post incident reporting; and development of initiatives to mitigate the effects of future incidents. B8.2 Risk Mitigation Plans Risks Risk Level: H, M L Offerors Mitigation Plan Safety of Riders H Rider safety is the most important thing at the Circuit. Circuit realizes that many factors go into this including drivers, cars and operations. All of Circuit's drivers go through both criminal and driving record background checks. This is required by the company's insurance provider. Beyond the background checks, each driver is vetted by management before being hired. Upon starting, the driver fills out and signs safety forms, goes through a training process and is further evaluated while driving and not. Additionally, management regularly monitors feedback from riders via app ratings, email feedback, etc. The drivers are also instructed on what to do and who to contact during any potential emergencies. Circuit also maintains the cars using the best practices established over the company's 11 year history of clean safety. The cars are City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 60 of 123 664 inspected daily, preventative maintenance is performed to make sure everything is up to the company's standards. Additionally, older cars are rotated out once they've reached a certain mileage or fall below the company's high standards. Additionally, the GEM cars 25 MPH maximum speed, along with calming traffic, also does a great job to reduce the risk of a serious accident. Operations is the foundation of safety. Starting with the training, drivers learn how to operate the cars, safely pick up passengers - or get help for unruly patrons that should not ride, make sure all passengers are using their seatbelts, and more. Also, the drivers are instructed when to halt service. In the event of bad weather or other factors that may lead to unsafe conditions, we halt the service. Management is also able to monitor driver behavior and locate driver whereabouts using Samsara bi-directional dash cameras and our proprietary backend dashboard. Additionally, each driver is equipped with a company phone, fire extinguishers, first aid kits, and other necessary equipment. Safety and Security of personal belongings of riders and drivers H While the drivers do not handle the personal belongings of the passengers, every driver is encouraged to look around the car to make sure no one has left anything behind. In the event that something is left behind, the driver (if the passenger used the app) is able to call the last rider. If the rider does not respond then management is alerted via our internal messaging platform, Slack and belongings are held until someone claims them. If the app is included, passenger history is available to management to contact passengers as needed. Management has set up areas in all of its locations where drivers can safely store belongings, keys, phones, etc. Heat, Rain, Flooding, weather challenges M Weather can be a common concern in South Florida and Circuit has extensive experience with these issues in Hollywood and across South Florida. Management and drivers are in close contact and will halt services in the event that inclement weather leads to unsafe driving conditions. Safety is always a top priority. In the event of severe weather, Circuit takes the cars off of the road and stores them in indoor parking garages. Should space not be available, the back panels, rooftops and any extensions are removed from the cars to secure the vehicles. City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 61 of 123 665 During King tides, flooded areas are avoided. Drivers can contact riders requesting in those areas to notify them that the area is not passable. Circuit can quickly add important alerts to our app so when you open the Hollywood location a timely message pops up prior to requesting a ride. Maintaining a reliable, consistent schedule of service H Circuit uses its experience, data and marketing knowledge to stay ahead of factors that might impact the schedule of service. Understanding traffic patterns, bridget and toll timing and demand levels allows the management team to deploy the appropriate number of vehicles at any time. Additionally, contingency plans are in place and replacement vehicles are available in nearby Fort Lauderdale, should one of the shuttles be inoperable. Also additional drivers are available on call and in Fort Lauderdale should one of the drivers call out sick. Circuit always keeps backup drivers and backup cars available in order to maintain a consistent schedule of service. Maintaining qualified drivers H Circuit uses qualified, 21 , W2, paid hourly employees and vets them heavily before hiring. This, and maintaining a comfortable workplace is the key to retention. Driver retention is a factor that the company is proud of. There are happy teams in every market of service and retention rates remain high in Hollywood at 94%!. Additionally, Circuit uses Homebase - a scheduling software - to keep the team connected, manage shifts, etc. Lastly, if using the app, all of the drivers receive feedback from passengers allowing management to adjust and improve accordingly. Keeping vehicles operational H The key to keeping vehicles operational is regular service, proper charging/storage conditions and staying ahead of problems. With a fleet of 100 vehicles, Circuit has developed many systems to keep the vehicles operational. Additionally, Circuit has developed a close relationship with the vehicle manufacturer that lead to national fleet pricing, extended warranties and priority maintenance. Vandalism or theft of vehicles M Unfortunately, Circuit has dealt with vandalism in the past. Theft and vandalism are always concerns but the team does everything it can to prevent such instances - locking cars, storage facilities, cameras, routine spot-checks and more. In the event vandalism or theft takes place, Circuit will use its data and schedule to determine the exact time and place and who was working or was the last to work. From there, all incidents will be reported to local law enforcement and the company’s insurance providers. Vehicular accidents with H Fortunately, Circuit has a very strong safety record with few incidents to report. In the event that something happens with other City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 62 of 123 666 automobiles, cyclists, pedestrians while on route automobiles, cyclists or pedestrians, the first move is always to see if anyone needs medical attention. If so, medical help will be sought immediately. The drivers are also equipped with fire extinguishers, first-aid kits, etc. From there, local law enforcement will be called to the scene. After such events, Circuit’s management will contact insurance providers and all parties involved in the incident. Circuit can also use data from the app to determine when the accident took place and how to mitigate future issues. B9. Local Vendor Preference As detailed in numerous sections above, Circuit, since launching the Sun Shuttle in 2019, has continued to maintain a local office, multiple facilities for parking and charging the fleet work with local businesses, and has built an amazing local staff, consisting of 74% who are proud to call Hollywood home. We work with, provide service to, and promote many local Hollywood based businesses. City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 63 of 123 667 B9.1 Local Hollywood Presence Lease for office space in Downtown Hollywood since July 2019 City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 64 of 123 668 Current City of Hollywood Business Tax Receipt City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 65 of 123 669 Circuit has for years and continues to work with multiple local Hollywood vendors including: ●Circ Residences 1776 Polk Street ●Costa Hollywood Beach Resort 777 N. Ocean Dr. ●Golden Touch Auto Spa 1625 S Federal Hwy ●RAV Communications 1518 Garfield Street ●World Tire Inc. 1215 N Federal Hwy B10. Pricing Circuit offers a turnkey service with all-in pricing, which includes vehicles, staffing, insurance, technology, management, maintenance, data reports, marketing and grant writing support. Circuit understands the City’s desire to offer a low-fare service to residents, visitors, and commuters in Hollywood as defined by the RFP in reference to the three MTZ zone areas. As desired, we are proposing that the service continue to have a $2 per-trip rider fare. The only additional fees or costs not included in the price template would be any special services that take place outside of the regular service hours, such as events, in which case an hourly rate of $30/hr for GEM cars and $40/hr for EV Vans would apply for event services. Circuit is often willing to donate its services for local causes and City needs. Please note that pricing options are all flexible and Circuit hopes to work with the City to explore these options and/or a combination of these options to craft a solution that benefits the needs of the community. Pricing can be reduced via fare and advertising revenue generation and/or by adjusting service hours, types of vehicles and quantities of vehicles deployed during certain months of the year. B10.1 Fixed Pricing Rate Proposed Option As Detailed in Section B1.2,our proposed operating plan was structured using the details from the RFP. This option is broken into 3 different MTZ zones and is designed to operate 8 hours per day, 7 days per week, for a total of 56 weekly Hours.Our pricing is broken out in the Bid Form Format, provided with the RFP in Section C2 below and attached. It’s important to note that Circuit’s pricing is all-inclusive and structured as a turn-key operator. Our pricing includes setup, on demand rider and driver apps, monthly data reports, vehicles Electric Vans and GEM cars), maintenance, management, drivers, training, parking and charging. The pricing for our proposed option is available in BID Form Pricing, using the structure preferred by the City. This pricing is broken out by zone and City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 66 of 123 670 includes a discount for guaranteed advertising revenues. Circuit understands that the City would like to split advertising revenues as 50% of net revenues. Circuit is willing to guarantee the bulk of these revenues upfront and then will discount future months if 50% of the net advertising revenue is greater than the guaranteed portion. Knowing we have local businesses as sponsors and more that are willing to sponsor we’re confident that demand from advertisers will continue to grow. Base year pricing details showing full costs, discount from guaranteed ads, Monthly Fixed Cost, and the expected fares to be returned to the City via the fare program.With all of these options Circuit is willing to provide an additional GEM NEV ADA vehicle to be available on standby for additional ADA requests, at no additional cost to the City. Please Note: The view below is only to provide more information. The Monthly Fixed Costs for our proposed option 56 hours/week, 3 zones) is available in Bid Form Pricing, Section C2 below and attached to the response. MTZ-1 (Hollywood Beach Zone) Total Number of NEV Cars 1 Total Number of EV Vans 1 Total Vehicles 2 Weekly Hours of Operation 56 Total Cost/Month $19,986.40 Discount for Monthly Advertising Guarantee -1400 Monthly Fixed Cost MTZ 1 $18,586.40 Expected Fares Returned to City -$3,049.17 Expected Monthly Net Cost MTZ 1 $15,537.23 MTZ-2 (Historic Downtown Zone) Total Number of NEV Cars 1 NEV + 1 Standby ADA NEV at no charge 2 Total Number of EV Vans 1 Total Vehicles 2 Weekly Hours of Operation 56 Total Cost/Month $18,031.28 Discount for Monthly Advertising Guarantee -1400 Monthly Fixed Cost MTZ 2 $16,631.28 Expected Fares Returned to City -$3,049.17 Expected Monthly Net Cost MTZ 1 $13,582.12 City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 67 of 123 671 MTZ-3 (Hillcrest/Washington Park) Total Number of NEV Cars 0 Total Number of EV Vans 2 Total Vehicles 2 Weekly Hours of Operation 56 Total Cost/Month $23,598.40 Discount for Monthly Advertising Guarantee -1400 Monthly Fixed Cost MTZ 3 $22,198.40 Expected Fares Returned to City -$3,049.17 Expected Monthly Net Cost MTZ 1 $19,149.23 Circuit’s pricing will adjust with the hours needed and as more hours are added, the service becomes more cost effective. If the City would like to add additional hours for events, even pricing will be $30 per hour for GEM Vehicles and $40 per hour for Van Vehicles.Please reference Form 2 for Pricing. B10.2 Circuit Alternative Pricing Options Hollywood RFP 2023 Alternative Pricing Options are Detailed below and also available in Circuit Alternative Pricing Options Attachment and these options are further explained in Section B.1.2.2 above. Alternate Option A Hours Per Week 79 Total NEV Cars (3 Zones) 4 NEV + 1 Standby ADA NEV at no charge 3 Total EV Vans (3 Zones)4 TOTAL VEHICLES 7 Total Monthly Costs (3 Zones)$76,011 Monthly Discount for Ad Guarantee (pre total sales)-$4,620 Monthly FIxed Rate (3 Zones)$71,391 Annual Fixed Rated (3 Zones)$856,695 Monthly Expected Fares Returned -$12,921 Expected Monthly Total Cost to City (3 Zones)$58,470 Expected Annual Rate (3 Zones)$701,643 City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 68 of 123 672 Alternate Option A is based on the existing hours of service. This option increases the total hours of service, compared to the proposed option and hours identified in the RFP, by approx 41%, while only increasing costs by approx 22%. Alternate Option B Hours Per Week 79 Total NEV Cars (3 Zones) 4 NEV + 1 Standby ADA NEV at no charge 5 Total NEV Cars (3 Zones) Low Season 2 Total EV Vans (3 Zones) Peak Season 4 Total EV Vans (3 Zones) Low Season 4 TOTAL VEHICLES (Peak Season)9 Total Monthly Costs (3 Zones) Peak Season $96,475 Total Monthly Costs (3 Zones) Low Season $76,011.27 Annualized Monthly Cost $86,243 Monthly Discount for Ad Guarantee -$5,390 Monthly FIxed Rate (3 Zones)$80,853 Annual Fixed Rated (3 Zones)$970,236 Monthly Expected Fares Returned -$15,075 Expected Monthly Total Cost to City (3 Zones)$65,779 Expected Annual Rate (3 Zones)$789,342 Alternate Option B is based on the existing hours of service. This option increases the total hours of service, compared to the proposed option and hours identified in the RFP. With this option, Circuit will add additional GEM Vehicles to the Hollywood market for the 6 busier months of the year and then will remove the cars from the market during the other 6 months. Circuit will cover the costs for adding and removing the vehicles and will cover the carrying costs of the vehicles not in service, at no expense to the City. Based on the current volume of riders, Circuit feels it’s necessary to add additional vehicles to the market. Alternate Option C Hours Per Week 79 Total NEV Cars (3 Zones) Peak Season 4 NEV + 1 Standby ADA NEV at no charge 5 Total NEV Cars (3 Zones) Low Season 2 Total EV Vans (3 Zones) Peak Season 4 City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 69 of 123 673 Total EV Vans (3 Zones) Low Season 4 TOTAL VEHICLES (Peak Season)9 Total Monthly Costs (3 Zones) Peak Season $96,475 Total Monthly Costs (3 Zones) Low Season $76,011.27 Annualized Monthly Cost $86,243 Monthly Discount for Ad Guarantee -$5,390 Monthly FIxed Rate (3 Zones)$80,853 Annual Fixed Rated (3 Zones)$970,236 Monthly Expected Fares Returned -$22,612 Expected Monthly Total Cost to City (3 Zones)$58,241 Expected Annual Rate (3 Zones)$698,895 Alternate Option C is based on the existing hours of service. This option increases the total hours of service, compared to the proposed option and hours identified in the RFP. With this option, Circuit will add additional GEM Vehicles to the Hollywood market for the 6 busier months of the year and then will remove the cars from the market during the other 6 months. Circuit will cover the costs for adding and removing the vehicles and will cover the carrying costs of the vehicles not in service, at no expense to the City. Based on the current volume of riders, Circuit feels it’s necessary to add additional vehicles to the market. Furthermore, Circuit will set up a new pricing model that will adjust rider pricing by zones. For example, a ride from Zone 3 to Zone 1 might be $4, but a ride within Zone 2 might be $2. This dynamic pricing model will also be structured to incentivize larger groups and increase efficiencies. B10.3 Unbanked Riders If selected for the contract Circuit looks forward to working with the City to create solutions to address unbanked riders and Circuit has various options available for the City to do so. 1. Circuit accepts street hails and does not charge riders for flagging the service down. 2. Circuit's app accepts prepaid cards, so a user can purchase a prepaid card using cash and use this prepaid card to credit the account. 3. Circuit can work with local businesses or government offices to "sell" promotional codes to riders to pre-load their account with funds for rides. This is also a feature that Circuit can offer businesses to be able to pre-pay for blocks of rides for their employees. 4. Circuit can work with the City to create a dial-in dispatcher system if needed. City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 70 of 123 674 C. Completed Forms and Certifications C1. This Submittal Checklist Confirmation City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 71 of 123 675 C2. Bid Form Pricing) CONFIDENTIAL Bid Form Exhibit C is also available as an attachment EXHIBIT C CITY WIDE MICRO-TRANSIT SERVICES PRICING SHEET NOTE: Creative/optional pricing is encouraged and welcomed by the City and can be submitted for consideration in addition to the pricing below. The hourly rate for special events should NOT be included in the totals below. Base Year: Micro-Transit Zones Monthly Fixed Rate Total 12 Months Number of Vehicles MTZ-1 Hollywood Beach Zone $18.586 $223,036 2 Vehicles (1 NEV, 1 EV Van) MTZ-2 Historic Downtown Zone $16,631 $199,575 3 Vehicles (1 EV Van + 1 NEV + 1 Standby ADA NEV at no Charge) MTZ-3 Hillcrest/Washington Park $22,198 $266,380 2 Vehicles (2 EV Vans) Micro-Transit Service: Special Events $30 for NEV $40 for Van (Per Hour) N/A TOTAL BASE YEAR:$57,416 $688,993 7 Vehicles Notes: ●Monthly Fixed Rate includes a built in discount for guaranteed advertising revenues, as described in Circuit’s response. ●Circuit will include an additional GEM NEV ADA Vehicle into the fleet, on standby to handle additional ADA requests, at no additional cost to the City. ●Monthly Fixed Rate Does not include expected farebox recovery. Based on Circuit’s estimates, the monthly net costs to the City, after farebox recovery would be: $15,537 for MTZ-1, $13,582 for MTZ-2, and $19,149 for MTZ-3. Expected annual net total of: $579,223 Option Year 1: City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 72 of 123 676 Micro-Transit Zones Monthly Fixed Rate Total 12 Months Number of Vehicles MTZ-1 Hollywood Beach Zone $18.586 $223,036 2 Vehicles (1 NEV, 1 EV Van) MTZ-2 Historic Downtown Zone $16,631 $199,575 3 Vehicles (1 EV Van + 1 NEV + 1 Standby ADA NEV at no Charge) MTZ-3 Hillcrest/Washington Park $22,198 $266,380 2 Vehicles (2 EV Vans) Micro-Transit Service: Special Events $30 for NEV $40 for Van (Per Hour) N/A TOTAL OPTION YEAR 1:$57,416 $688,993 7 Vehicles Notes: ●Monthly Fixed Rate includes a built in discount for guaranteed advertising revenues, as described in Circuit’s response. ●Circuit will include an additional GEM NEV ADA Vehicle into the fleet, on standby to handle additional ADA requests, at no additional cost to the City. ●Monthly Fixed Rate Does not include expected farebox recovery. Based on Circuit’s estimates, the monthly net costs to the City, after farebox recovery would be: $15,537 for MTZ-1, $13,582 for MTZ-2, and $19,149 for MTZ-3. Expected annual net total of: $579,223 Option Year 2: Micro-Transit Zones Monthly Fixed Rate Total 12 Months Number of Vehicles MTZ-1 Hollywood Beach Zone $19,051 $228,612 2 Vehicles (1 NEV, 1 EV Van) MTZ-2 Historic Downtown Zone $17,047 $204,565 3 Vehicles (1 EV Van + 1 NEV + 1 Standby ADA NEV at no Charge) MTZ-3 Hillcrest/Washington Park $22,753 $273,040 2 Vehicles (2 EV Vans) Micro-Transit Service: Special Events $30 for NEV $40 for Van (Per Hour) N/A TOTAL OPTION YEAR 2:$58,851 $706,217 7 Vehicles City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 73 of 123 677 Notes: ●Monthly Fixed Rate includes a built in discount for guaranteed advertising revenues, as described in Circuit’s response. ●Circuit will include an additional GEM NEV ADA Vehicle into the fleet, on standby to handle additional ADA requests, at no additional cost to the City. ●Monthly Fixed Rate Does not include expected farebox recovery. Based on Circuit’s estimates, the monthly net costs to the City, after farebox recovery for Year 2 would be: $15,925 for MTZ-1, $13,921 for MTZ-2, and $19,627 for MTZ-3. Expected annual net total of: $593,703 Option Year 3: Micro-Transit Zones Monthly Fixed Rate Total 12 Months Number of Vehicles MTZ-1 Hollywood Beach Zone $19,527 $234,328 2 Vehicles (1 NEV, 1 EV Van) MTZ-2 Historic Downtown Zone $17,473 $209,678 3 Vehicles (1 EV Van + 1 NEV + 1 Standby ADA NEV at no Charge) MTZ-3 Hillcrest/Washington Park $23,322 $279,866 2 Vehicles (2 EV Vans) Micro-Transit Service: Special Events $30 for NEV $40 for Van (Per Hour) N/A TOTAL OPTION YEAR 3:$60,322 $723,873 7 Vehicles Notes: ●Monthly Fixed Rate includes a built in discount for guaranteed advertising revenues, as described in Circuit’s response. ●Circuit will include an additional GEM NEV ADA Vehicle into the fleet, on standby to handle additional ADA requests, at no additional cost to the City. ●Monthly Fixed Rate Does not include expected farebox recovery. Based on Circuit’s estimates, the monthly net costs to the City, after farebox recovery would be: $16,323 for MTZ-1, $14,269 for MTZ-2, and $20,118 for MTZ-3. Expected annual net total of: $608,546 City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 74 of 123 678 C3. Vendor Reference Forms City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 75 of 123 679 City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 76 of 123 680 City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 77 of 123 681 City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 78 of 123 682 C4. Hold Harmless and Indemnity Clause City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 79 of 123 683 C5. Non-Collusion Statement City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 80 of 123 684 C6. Sworn Statement…Public Entity Crimes City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 81 of 123 685 City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 82 of 123 686 C7. Certifications Regarding Debarment City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 83 of 123 687 C8. Drug-Free Workplace Program Circuit confirms that it maintains a drug free workplace. Our team did not sign this document as one or more of the details set forth in this form may be slightly different than the policies that we have in place. Circuit is happy to discuss these policies with the City and as stated above we are comfortable enacting the FDOT policies as needed, if selected for this contract. City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 84 of 123 688 C9. Solicitation, Giving, and Acceptance City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 85 of 123 689 C10. W 9 Request for Taxpayer Identification) City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 86 of 123 690 C11. List of subcontractors Circuit will not use subcontractors on this project. City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 87 of 123 691 C12. Certificate(s) of insurance City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 88 of 123 692 City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 89 of 123 693 C13. Proof of State of Florida Sunbiz Registration City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 90 of 123 694 City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 91 of 123 695 Appendix Appendix 1 Letters of Support Appendix 1.1 Rider Letter of Support: City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 92 of 123 696 Rider Letter Response Submissions: First name What most describes you?Additional Comments Louise Visitor Good service Jerry Visitor Kenya Resident Pete Visitor Doretha Resident Great service jeff Resident Veronica Resident Super friendly! Claudia Resident Kelsey Resident Kathleen Resident The drivers are always pleasant and helpful to our tourists Jim Resident Martina Visitor Wolfgang Resident Adriana Resident Amazing service BT Lou! Noah Other Pamela Visitor I used circuit in Pompano Beach and loved it! Dorothy Resident Circuit is wonderful, especially for senior citizens. Your drivers are all very nice. Thank you for this service. David Resident Linda Resident Wanda Resident She did a great job! Michael Visitor Michael Visitor City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 93 of 123 697 Wanda Resident Michael Visitor Elizabeth Visitor Alex our driver was fabulous!! Nicole Visitor This is such a great asset to the area. It made our trip easy and comfortable. Not only will I highly recommend this to my travel friends, I would be less apt to travel to the Hollywood/Lauderdale area without it. Kyle Visitor Shay Other Jason Resident Love Circuit, just another thing that makes Hollywood great! Erin Resident I don't have a car, so circuit is a critical part of my transportation paradigm. Michael Visitor Circuit is a great addition to the community! Drivers are always friendly and helpful! Connie Resident, Business Owner A pleasure to feel I’m in vacation in my own city! Alana Resident Joe Visitor Jerry Visitor Ralph M was a great very personable driver. We really enjoyed the ride. jason Visitor Steven was a great driver and very informative. Sandra Resident Perfect service! Sandy Visitor Laura Visitor Love the circuit! Corinne Visitor The drivers are ALWAYS so nice and helpful. Carolina Resident Keri Resident Patricia Resident David Resident City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 94 of 123 698 Zhanna Visitor Niki Visitor Lauren Resident Amazing service! Cant wait to ride again! Tim was fantastic Elizabeth Visitor Stephen was a great driver. Very informative and fun! Thank you! Susan Resident Great service mark Visitor great service well run - nice alternative to ride share Sul Visitor Love Stephen! Arielle Resident Circuit is a blessing for me. I dont have a car and im handicapped so im limited in my ability to walk distances. Circuit allows me to go grocery shopping, run errands, and even go to the beach. Im super grateful- we need more circuit everywhere- Protect our Earth from car pollution and continue to offer low cost rides . Thank you Monika Visitor Latoya Resident Latoya Resident Heather Visitor Casual ride. Loved it Alex Resident Isabel Resident Love the convenience. Especially appreciated with out-of-town visitors. Lynn Resident Randy Visitor James Remmy Resident Great service and friendly drivers. Dominic Resident DEBBIE Visitor We are from Pennsylvania but visit Hollywood frequently and love using Circuit City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 95 of 123 699 Tatiana Resident I love it! Wish it was even more encompassing in the Lakes area! Michael Resident Beverly Resident I really enjoy the service its an asset to my life Beverly Resident I really enjoy the service its an asset to my life Susan Resident Circuit provides a vital service for the community! Tracy Visitor Gloria Resident Terri Resident I love the service! margarita Resident love CIRCUIT !!! Anna maria Visitor I love circuit .we dont have a car while were here very useful to us . Thank to all staff . By the way all drivers are very pleasant . Shanita Resident Tassana Resident I love the circuit it takes me to the beach and activities around the area I love it Dave Visitor Circuit is a wonderful service. I wish the hours were earlier in the morning. Linda Resident Excellent service. Friendly drivers. Tim & Yolanda are great salvina Other Rogelio Resident Is really Good and Nice for the city of Hollywood Rene Resident My family and I live circuit! NINA Visitor I look forward to the Circuit rides and the friendly service every time I visit. It's invaluable! Denise Resident Robin Resident Luz Resident I looove circuit transportation. I wish you ran a bit earlier. City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 96 of 123 700 Kevin Resident Josefina Resident Claude Resident Matthew Resident Tony Resident Tony Resident Dan Hana Resident Leslie Visitor Nan Visitor This is a tremendous service in an area with a shortage of parking places! Used it many times. Bryan Resident, Business Owner John Visitor Dirk Visitor We stayed in Hallandale this January and used circuit many times. I would like to see more use of this technology and keep it as a form of transportation in Hollywood as well in other communities Donnette Resident Raul Resident Ivan Resident Princess Resident I would love this for Washington dc Elly Resident Mike Resident Love the circuit. I will be taking it tonight to the beach. Alan Resident, Business Owner Great Service Drivers are always Happy and have a Smile on there face Vehicle always clean Lynda Visitor Kristine Business Owner Circuit has been a great addition to the Hollywood area and reduces traffic. Isaac Resident Keep up the good work! City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 97 of 123 701 Steven Visitor This is a wonderful additional benefit to coming to visit Hollywood! Eric Resident Peter Resident Doug Business Owner Alex Business Owner It's great! Ian Business Owner Alana Resident City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 98 of 123 702 Appendix 1.2 Letters of Support: Appendix 1.2.1 Water Taxi City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 99 of 123 703 Appendix 1.2.2 Downtown Development Authority, WPB City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 100 of 123 704 Appendix 1.2.3 Cityfi City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 101 of 123 705 Appendix 1.2.4 Billy’s Stone Crab City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 102 of 123 706 Appendix 1.2.5 World Tire Inc. City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 103 of 123 707 Appendix 1.2.6 Margaritaville City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 104 of 123 708 Appendix 1.2.7 Le Tub, Tiki Tiki, GG’s City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 105 of 123 709 Appendix 1.2.8 Diplomat Beach Resort Valet Services) City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 106 of 123 710 Appendix 2 Example of Data Report Appendix 2.1 February 2023 Hollywood Data Report Below showcases the most recent monthly report of the Hollywood Sun Shuttle. Additional highlights include a $4.53 net cost per rider Almost 90% lower than comparable micro-transit systems), 148,000 annual riders, 11,859 passengers in the short month of February 2023, and 41 passengers per revenue hour. Over the past 10 months of operation, the Hollywood Sun Shuttle Circuit has reduced greenhouse gas emissions by 242 metric tons CO2, saved over 27,231 gallons of gas, and reduced traffic congestion by 182,000 miles driven (by an average gasoline-powered vehicle). This GHG savings is the equivalent to the emissions reduced by 4,001 tree seedlings grown for 10 years (calculated using EPA GHG Equivalencies Calculator9). 9 https://www.epa.gov/energy/greenhouse-gas-equivalencies-calculator City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 107 of 123 711 City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 108 of 123 712 City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 109 of 123 713 City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 110 of 123 714 City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 111 of 123 715 END OF REPORT City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 112 of 123 716 Appendix 3 Case Studies Appendix 3.1 Hollywood Case Study Hollywood Sun Shuttle 2023 Case Study- Page 1 City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 113 of 123 717 Hollywood Sun Shuttle 2023 Case Study Page 2 City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 114 of 123 718 Hollywood Sun Shuttle 2023 Case Study- Page 3 (last page) City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 115 of 123 719 Appendix 3.2 Brightline Case Study Brightline Case Study- Page 1 City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 116 of 123 720 Brightline Case Study- Page 2 Brightline Case Study- page 3 (last page) City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 117 of 123 721 City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 118 of 123 722 Appendix 3.3 San Diego Case Study San Diego Case Study- Page 1 City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 119 of 123 723 San Diego Case Study- Page 2 San Diego Case Study- page 2 (last page) City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 120 of 123 724 Appendix 4 Additional Past Project Experience Appendix 4.1 New Rochelle NY Type of Service On-demand micro-transit services Contract Term August 2019 present Nature of Services In 2019, Circuit started a pilot program with the City of New Rochelle’s Industrial Development Agency IDA . The goal was to promote the downtown area’s businesses and new developments and to provide a free connection to the Metro-North Railroad. The program was a fast success, prompting the City to issue an RFP that Circuit was fortunate to win in January 2020. The service and local team quickly ingrained itself in the community, including coordination and outreach with Veterans groups, senior living communities, and the Chamber of Commerce. During the pandemic, Circuit partnered with 511NYRideshare to provide trips to visiting nurses between hotels and the Montefiore Hospital. Nature & Type of Vehicles: all-electric Polaris GEM e6 Circuit vehicle in New Rochelle Appendix 4.2 Brightline Type of Service On-demand micro-transit services, fare-based program Contract Term August 2021 present Nature of Services In 2021, Circuit was selected to provide on-demand first/last mile services by Brightline Trains for their reopening under the new program Brightline+. Service focuses on providing rides to/from Brightline stations within a specified radius of the Fort Lauderdale, West Palm Beach, and Miami stations. Passengers can now book private or shared rides in EV’s to and from all stations during the purchase of their train tickets online or in app. The innovative door to door service has significantly increased the user experience, streamlined travel, replaced ICE trips with EV trips and created 65 jobs. Nature & Type of Vehicles: all-electric mixed fleet with Polaris GEM e6, Tesla Model Y, and electric passenger vans City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 121 of 123 725 Circuit GEM vehicles with Brightline branding at Brightline trains reopening and Brightline+ launch event Appendix 4.3. West Palm Beach, FL Type of Service On-demand micro-transit services Contract Term January 2013 present Nature of Services Circuit has operated on-demand services using electric vehicles in the area since 2013. We focused on riders within West Palm Beach and Palm Beach. This service has been provided over these years with funding support from brand sponsors as well as a small fare program. In 2021, Circuit won a contract with West Palm Beach DDA to offer expanded and fare-free services in West Palm Beach and Palm Beach. Nature & Type of Vehicles: all-electric Polaris GEM e6 Circuit vehicles in West Palm Beach with local business and safe street initiatives branding Appendix 4.4 Pompano Beach, FL Type of Service On-demand micro-transit services Contract Term 2021 present City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 122 of 123 726 Nature of Services In 2020, Circuit was selected for this project through competitive RFP and began operating in Spring 2021. The coverage area includes Downtown Hollywood and Hollywood Beach and consistently experiences high demand. This program began as a self-branded service and then opened for third party advertising. Nature & Type of Vehicles: all-electric Polaris GEM e6 Circuit vehicles in Pompano Beach with City officials at ribbon cutting, 2021 City of Hollywood RFP 045 23 SK for Citywide micro-transit Services Page 123 of 123 727 City-Wide Micro-Transit Services 17 of 18 EXHIBIT D – Service Areas Micro-Transit Zones shown below may adjusted during the Contract Term based on demand/City needs at no cost to the City as long as there is no net change to the number of vehicles/hours of operation On-Demand Micro-Transit Zones Designated Drop-off/Pick up locations for the Fixed Route pilot test 728 City-Wide Micro-Transit Services 18 of 18 EXHIBIT E – Pricing Total Costs – All Zones Unit Costs 729 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: February 11, 2025 OLD BUSINESS AGENDA ITEM 14.E SUBJECT: Discussion and Consideration of Approval of the First Amendment to the Interlocal Agreement (ILA) between the CRA and the City of Boynton Beach regarding Contract with Circuit Transit Inc. for the CRA Pilot Ride Share Program SUMMARY: On January 18, 2024, the CRA Board approved the contract with Circuit Inc. for the CRA pilot ride share program which provides all-electric on-demand transportation services (see Attachments I - II). The Scope of Work of the Agreement with Circuit Inc. is summarized below (see Attachment III): on-demand ride share service with the exception of fixed routes for special events initial 6-month contract with the option to renew 6 months include the use of two GEM cars and two EV sedans provide service from 10 AM - 8 PM (Sunday-Thursday) and 10 AM - 10 PM (Friday and Saturday) report back to the Board quarterly once the contract begins In order to provide dedicated parking locations, electrical service for the charging, ride share service to the Ocean Front Beach Park and potential fixed route ride share service for City Events, an Interlocal Agreement with the City was required to fund any service outside of the CRA boundaries and allow reimbursement of EV charging costs (see Attachment IV). The Interlocal Agreement expires on March 5, 2025. An amended ILA is needed in order to extend the rideshare service beyond March 5, 2025. Attachment V is the First Amendment to the Interlocal Agreement. Once approved, the ILA will go to the City Commission for final approval. FISCAL IMPACT: FY 2024-2025 Budget, Project Fund, Line Item 02-58500-470, $400,000 for Circuit Contract CRA BOARD OPTIONS: Approve the First Amendment to the Interlocal Agreement (ILA) between the CRA and the City of Boynton Beach regarding Contract with Circuit Transit Inc. for the BBCRA Pilot Ride Share Program subject to final legal review. 730 •Attachment I - January 18, 2024 CRA Board Meeting Minutes •Attachment II - CRA/Circuit Executed Contract •Attachment III - Exhibit A: Scope of Work •Attachment IV - Executed ILA with Exhibits •Attachment V - Draft of First Amendment to Circuit ILA ATTACHMENTS: Description 731 Meeting Minutes CRA Board Meeting Boynton Beach, FL January 18, 2024 Board Member Kelley moved to table Item 13F until the next meeting. Board Member Hay seconded the motion. The motion passed unanimously. G. Discussion and Consideration of a Contract with Circuit Transit Inc. for the BBCRA Pilot Ride Share Program Mr. Tack gave an overview of the Contract with Circuit Transit Inc. for the CRA Pilot Ride Share Program. He commented that at the November Board meeting, the Board gave Staff permission to move forward with negotiations with Circuit. Board Member Hay inquired, if needed, how long would it take to get another vehicle. Mr. Bagley, Circuit Transit Inc., replied the time it would take to add an additional vehicle, depends on the type of vehicle. He commented that if it was a sedan, it would be a few weeks, if it was a Gem vehicle, it has a longer order time. He stated that the sedans are going to be the better fit and offer the most flexibility. Board Member Hay asked who is responsible for the vehicles when they are parked overnight. Mr. Tack said that the CRA will be responsible, and the CRA is working with the City to provide four parking spaces in the current City parking lot on the corner of East Boynton Beach Boulevard and Seacrest Boulevard. He stated that Circuit would be responsible for liability since the vehicles and equipment belong to them. Board Member Hay inquired about special events and who is responsible for paying the overtime. Mr. Tack stated that the way the contract is written, it would not be considered overtime, there would be additional staffing and there is a rate within the contract that would provide the hourly rate structure. Vice Chair Turkin opened public comments. No virtual comments. Vice Chair Turkin closed public comments. Motion: Board Member Hay moved to approve the agreement with Circuit Transit, Inc. for the CRA Pilot Ride Share Program as presented and authorize the Board Chair to execute, subject to final legal review. Board Member Kelley seconded the motion with discussion. Board Member Kelley inquired what happens at the end of the six-month agreement. 6 732 Meeting Minutes CRA Board Meeting Boynton Beach, FL January 18, 2024 Janice Rustin, Counsel, replied that at the end of the six months, the contract will automatically be renewed for another six months. 14. New Business A. Discussion and Consideration of a Request for Proposals for Property Appraisal Services (Moved to February) B. Discussion and Consideration of Purchase of 1111 S. Federal Highway Mr. Tack gave an overview of the property located at 1111 S. Federal Highway. He said that the CRA Staff actively pursues the purchase of properties within the CRA District in order to spur redevelopment opportunities in accordance with the CRA Plan. He stated that 1111 S. Federal is a vacant lot, approximately .35 acres, which is currently zoned as C3 Community Commercial. He stated that the future development would be a potential mixed use under the Mixed Use Medium Future Land Use Classification. He commented that the development potential would allow mixed use development with a maximum density of 40 to 50 units per acre, and maximum height of 65 to 75 feet. Board Member Kelley stated that this is prime property with Federal Highway access and proximity to other properties owed by the CRA, and this an opportunity to capture property that has potential. Board Member Hay stated that it is a good deal and he is in favor of the purchase. Vice Mayor Turkin stated that he agrees with his colleagues this is a great opportunity. Vice Chair Turkin opened public comments. Blair Lee, the Broker for the property, stated that he had conferred with his client who owns the property at 1111 S. Federal Highway. He commented that they discussed a price of somewhere between the list price and $850,000. He noted that the purchase price came in at $891,000. He stated that the owner has continued to get the approvals on the square footage with a site plan, and the owner would like the Board to consider paying the appraised value. No virtual comments. Vice Chair Turkin closed public comment. Motion: Board Member Kelley moved to approve the purchase of the vacant lot located at 1111 S. Federal Highway in the amount of $850,000 and authorize the Board Chair to execute a Purchase and Sale agreement subject to final legal review. Board Member Hay seconded the motion with discussion. The motion passed unanimously. Board Member Hay inquired if there was anything currently planned for the site. 7 733 734 735 736 737 738 739 740 741 742 743 744 745 746 747 748 749 750 751 752 4853-3349-4940, v. 6 EXHIBIT A: SCOPE OF WORK Section 1: Summary of Services Circuit shall develop, implement and manage a Micro-Transit “On Demand” service (the "Service”) within a geo-fenced coverage area described in Exhibit A-1. The Service will have the ability to be on demand and may include supplementary service for special events as specified in this Scope of Work. The Service will serve visitors, residents, and workers by providing a convenient, efficient mobility option to circulate primarily throughout the Boynton Beach CRA boundaries and provide transportation to Ocean Front Beach Park. The Service to the Beach shall be subject to CRA’s execution of an interlocal agreement with the City of Boynton Beach for the provision of services to Ocean Front Beach Park. The Service shall: A. Operate a 6-month on-demand pilot test in two zones (Zone 1 and Zone 2) covering approximately 1.6 square miles of coverage area as illustrated in Exhibit C (“Service Area”). Zone 1 is located within the boundaries of the CRA. Zone 2 provides service to Ocean Front Beach Park, which is located outside the boundaries of the CRA. B. Supplement any part of the service with a fixed route for special events and if deemed necessary through data and public needs. C. Demonstrate the ability to scale up and down the fleet of vehicles and deploy them to various locations based on monthly, weekly, daily, and hourly fluctuations in demand in order to achieve a desired level of service. D. Operate vehicles that meet the Federal Motor Vehicle Safety Standards and Regulations. E. Provide a safe and pleasing passenger experience with capable, qualified and courteous drivers. F. Feature a mobile application downloadable from both the Apple Store and Google Play Store which will have the ability to charge a fee for service via a secured credit card payment system. G. Provide a dedicated phone line so that users can call and request assistance. H. Service will be operational within 30 days of the effective date of this Agreement or upon the CRA’s execution of an interlocal agreement with the City of Boynton Beach for services, whichever is later. The date of operation may be extended by mutual agreement of the parties if necessary to accommodate installation of infrastructure as required by Section 4 this agreement. I. Service shall be periodically adjusted based upon needs identified during the term of the Agreement and the availability of funds. Section 2: Mobile Application Circuit shall provide a mobile application which provides for the following: A. Allows riders to request pick up and drop off locations within the Service Area. B. Allows the user to connect from Zone 1 and Zone 2. C. At no cost to the CRA, Circuit shall maintain updates to the application, which shall be compatible with smart phones and other mobile devices. D. Provides for the ability to charge a fee per rider and issue discounts via promo-codes. E. Provides users with approximate time until pick up. F. Allows users to rate drivers and provide feedback. G. Features a Google Maps based map (or equivalent) that identifies the boundaries of the Service Area. H. After a ride request has been accepted by a driver, depicts the real-time location of vehicles on a map of the Service Area. I. Ability to track party and usage data. 753 4853-3349-4940, v. 6 Section 3: Marketing and Branding A. In coordination with the CRA, Circuit shall develop and implement a branding strategy, which shall incorporate the logo and name of the CRA and the City of Boynton Beach. Circuit shall not implement any branding strategy without prior written approval from the CRA. Any changes to the branding strategy must be approved in writing by the CRA prior to implementation. B. Circuit shall develop and implement a marketing program to promote awareness of the program. The CRA shall have the right to request changes to the marketing program. C. The CRA retains the right to review marketing materials prior to use and to request changes or withdrawal of any marketing materials. Section 4: Vehicles and Infrastructure Circuit shall procure, license, operate and maintain vehicles and related infrastructure including charging stations used in the service in accordance with applicable laws and regulations with the following requirements. A. Fleet Size. Unless the parties agree otherwise, Circuit will acquire and operate at its own expense no fewer than two (2) GEM vehicles (inclusive of one (1) ADA accessible GEM vehicle) and two (2) EV Sedans as part of this Service. The parties agree that the hourly rate for the EV Sedans will be the same as the GEM vehicles for the Initial Term and Renewal Term of the Agreement. Circuit shall maintain and operate vehicles to satisfy the minimum levels of service and ADA accessibility requirements. B. Specifications. All vehicles will: i. Comply with all applicable laws and regulations. ii. Be fully electric. iii. Meet all safety standards established by applicable law or regulation. iv. Feature luggage carrying capacity. C. Branding. The branding strategy will be applied to all vehicles as follows: i. At all times during operation of any vehicles pursuant to this Agreement, Circuit may apply, but is not limited to, branding to all wheels, hoods, front panels, coping, roof and rear fenders, unless otherwise prohibited by the CRA. ii. Circuit shall develop a default vehicle wrap to be used when no paying advertiser has been identified for any vehicle or vehicles for a period of 7 days or longer unless otherwise approved by the CRA. iii. Exterior and interior advertising will not interfere with the placement or visibility of any branding required by this Agreement, unless otherwise approved by the CRA. D. Licensing. Circuit shall obtain and maintain proper licensing and registration of all vehicles at all times. E. Parking and charging stations. The CRA shall provide four (4) parking spaces that will be reserved exclusively for Circuit’s use, which Circuit may use for charging, parking, and storing the vehicles during times of non-operation. The location of the spaces will be as stated in the Interlocal agreement between the CRA and the City. Circuit shall be permitted to install Level 2 EV charging stations and signage at the three (3) of the reserved parking spaces. Circuit shall be solely responsible for the cost of signage, charging equipment, and electrical services required for charging vehicles. The CRA shall ensure that electrical service is available at the reserved spaces. Upon termination of the Agreement, Circuit shall restore the reserved parking spaces to their original condition. F. Maintenance and replacement. 754 4853-3349-4940, v. 6 i. At Circuit’s sole cost, Circuit shall maintain the interior and exterior of all vehicles in good working order, in accordance with all applicable laws and regulations. ii. Circuit shall ensure that all vehicles will be free of graffiti, vandalism, defacement and other damage to the satisfaction of the CRA. iii. Circuit shall replace any vehicle at its sole cost when the vehicle cannot be maintained in good working order, in accordance with applicable laws and regulations, or it is no longer able to be maintained in accordance with the requirements of this Agreement. iv. Circuit shall use its best efforts to restore or replace non -operational vehicles to operation within three (3) calendar days from the date of any incident requiring the vehicle to be removed from operation. Circuit shall provide verbal and written notice to the CRA of any delay in restoring or replacing a non-operational vehicle that extends beyond three (3) calendar days from the date of malfunction. If the CRA determines that any such delay is due to Circuit’s lack of diligence, the CRA will have the right to pursue any remedy provided for in this Agreement, or at law or equity. Section 5: Staffing A. General. Circuit shall provide sufficient staffing to maintain levels of service required by this Agreement. All persons providing services pursuant to this Agreement will be employees, contractors or consultants hired by the Circuit. Circuit is solely responsible for all staffing decisions made pursuant to this Contract. B. Drivers. Circuit shall obtain complete background checks on all drivers, including driving records, criminal checks and employment references, conduct initial drug testing, and provide a training program for newly hired drivers. Circuit shall not hire any convicted felon or any person who has been convicted or pled guilty to driving under the influence of drugs or alcohol as a misdemeanor in any state. Circuit shall not hire a driver with more than three (3) infractions relating to driving a motorized vehicle within the previous 24 months. Circuit to review each driver’s driving and criminal records at least annually. C. Circuit shall provide its employees with a living wage and tips. Section 6: Attaining and Maintaining Levels of Service (LOS) A. General. Circuit shall provide an LOS that meets customer demands at all times of Service operations. B. Service Level review. Circuit and the CRA shall meet at least quarterly to review LOS and determine if any adjustments are necessary. Any agreed upon adjustments will be made in writing. C. The CRA designates Timothy Tack as the Project Manager and will provide written notification to Circuit of any changes to the Project Manager. The Project Manager shall be Circuit’s principal point of contact regarding any matters relating to this Agreement. The Project Manager shall provide all general direction to Circuit regarding performance and provide guidance regarding the CRA’ s goals and policies. The Project Manager is authorized to waive or modify any material changes to this Scope of Work changes so long as the changes do not increase Compensation paid to Circuit. Except as provided herein, any modifications to the Scope of Services that increase the Compensation paid to Circuit must be agreed by the parties by written amendment to the Agreement. D. Circuit designates Jason Bagley as Circuit’s Representative for this Agreement. Circuit will provide written notice to the CRA should there be a subsequent Representative change. Circuit’s Representative has full right, power and authority to act for Circuit on all matters arising under or relating to this Agreement. E. Special events. CRA may request additional vehicles for special events. Such request shall be made at least thirty (30) days prior to the special event and may include a request the establishment 755 4853-3349-4940, v. 6 of a fixed route for existing vehicles and/or a request additional vehicles, subject to availability. For additional vehicles provided for special events, CRA agrees to pay the regular service hourly rate per vehicle of $34.97 plus the actual cost to transport the vehicle(s) to the requested location , which will be agreed to by the parties in writing, prior to transportation. Section 7. Trip Sharing A. Drivers shall be permitted to transport more than one (1) party but no more than five (5) parties in GEM vehicles and four (4) parties in the E-Sedan under the following conditions: i. The vehicle must be equipped with individual seatbelts for the driver and each rider. ii. All passengers must use seatbelts at all times. iii. The total number of passengers, including the driver does not exceed the vehicle’s legal capacity. Section 8: Operational Requirements A. Circuit and all its employees, officers, managers, staff, subcontractors and subconsultants shall comply with all applicable local, state and federal laws and regulations while performing work pursuant to this Agreement including but not limited to all laws and regulations regarding the safe operation of vehicles. B. Circuit shall prohibit drivers from texting or using smartphones, or other mobile device, eating, drinking, wearing headphones, and engaging in any activity that may cause the driver to become distracted while driving the vehicle. Parties acknowledge and agree that (i) drivers will only be permitted to wear Bluetooth enabled device or similar technology to provide service provided by this Contract in accordance with all laws governing such devices; and (ii) drivers may use smart phones mounted to the dashboard or windshield of the vehicles only in accordance with all laws governing such devices. C. Circuit must obtain all permits and approvals required in the ordinary course of business for the safe and legal operation of the Service, including without limitation, permits or approvals from the Florida Department of Highway Safety and Motor Vehicles, . Circuit is responsible for obtaining any permits and approvals required by the State of Florida for operation of the Service. D. Circuit to require all persons using the Service to comply with applicable local, state and federal laws and regulations relating to the use of seatbelts and alcohol consumption in vehicles. E. Circuit and its drivers are permitted to refuse service when, in the driver’s opinion, a passenger poses a threat to himself or herself, other passengers, the driver, the vehicle or other vehicles or persons. F. Circuit is permitted to establish reasonable restrictions on the provision of services to non-service animals. G. All Circuit drivers shall wear proper identification and a uniform. H. The CRA reserves the right to request immediate dismissal of any Circuit employees who fail to comply with the requirements of this Agreement. Relief personnel should be readily available during the term of this Agreement. Section 9: Operating Hours Each vehicle shall be available for an anticipated sixty (60) hours each week (“Vehicle Hours”) . The cost per vehicle shall be based on the rates described in the Pricing Schedule attached as Exhibit B. The Vehicle Hours shall occur within the following schedule: 756 4853-3349-4940, v. 6 Day Start time End time Mon 10:00 am 8:00 pm Tues 10:00 am 8:00 pm Weds 10:00 am 8:00 pm Thurs 10:00 am 8:00 pm Fri 10:00 am 10:00 pm Sat 10:00 am 10:00 pm Sun 10:00 am 8:00 pm CRA Project Manager shall have the discretion to reduce or increase the number of Vehicle Hours and/or determine the hours of operation based on level of demand as determined by monthly data collection and consideration of holidays or other special events so long as the total Vehicle Hours for each month does not exceed the CRA’s annual budget for the Service. Section 10: Levels of Service Reporting A. Circuit shall provide the CRA with monthly reports describing the level of service for each zone. Upon request, Circuit will provide the CRA with weekly level of service reports for each zone. B. Monthly data reports shall include: i. Number of parties on a daily, weekly and monthly basis ii. Number of paying customers iii. Gross/Net revenue collected for fare revenue credits which distinguishes between fare revenue collected for Zone 1 trips and fare revenue collected for Zone 2 trips. iv. Number of vehicles not in operation on a daily, weekly and monthly basis v. Average wait time from request through the mobile app until arrival by assigned driver on a daily, weekly and monthly basis. vi. Average trip duration on a daily, weekly and monthly basis. vii. Pick-up and drop off location for each trip. viii. Average number of passengers per party per trip. ix. Average number of parties per trip. x. Number of passenger complaints received and resolution of the complaints on a daily, weekly and monthly basis. C. Circuit shall present a report to the CRA Board on a quarterly basis summarizing the data provided in the monthly reports, the collected fare revenue, and the advertising revenue generated. D. In the event Circuit does not provide a required report(s), the CRA reserves the right to withhold payment until the required report is received. To the extent that the CRA requires additional information related to the above reporting requirement, Circuit shall provide the information to the CRA. Section 11: Advertisement Sales Circuit shall sell space on the exterior or interior of the vehicles for the display of commercial advertising. Net Advertising Revenue, defined below, that is generated by Circuit in connection with the sales of commercial advertising shall be divided equally between Circuit and the CRA. Net Advertising Revenue means the gross advertising revenue received less all costs and expenses, including, but not limited to 757 4853-3349-4940, v. 6 advertisement design, production costs, installation and removal costs and customary commissions paid to media sales representatives, incurred by Circuit in connection with providing the advertisement sales. Circuit shall provide an accounting of all advertising revenue with its Level of Service monthly report as required in Section 9, which shall include the gross revenue, costs and expenses Circuit shall provide to CRA a breakdown of the Net Advertising Revenue each month, which shall include the gross revenue plus costs and expenses incurred in connection with providing advertising sales Section 12. Advertising Guidelines A. In its agreements with its advertising contractors, Circuit shall reserve the right to reject any advertisement, commercial or noncommercial. B. Circuit shall determine the methods, details, and means for performing the Advertising Sales Services, subject to the CRA's consent which shall not be unreasonably withheld. C. All advertising and promotional materials, including, without limitation, any vehicle “wraps” (collectively “Advertising”) must conform to the following criteria: i. Defamatory Advertising. No Advertising will be permitted that falsely disparages any person, product, or company, or that is likely to damage the reputation of any person, product, or company. ii. Advertising Condoning Criminal Conduct. No Advertising will be permitted that is likely to incite or produce imminent unlawful activity. iii. Obscene Advertising. No Advertising shall display any statement, word, character, or illustration of an indecent or obscene nature, as defined by F.S. Chapter 847, as may be amended from time to time. iv. False Advertising. No Advertising shall displace false or misleading information, intended to mislead the public as to anything sold, any services to be performed or information disseminated. v. Tobacco, Firearms, and Cannabis. No Advertising shall display any statement that promotes the sale of tobacco or tobacco products, electronic cigarettes, firearms, or medical marijuana treatment centers or delivery devices in accordance with Florida law. vi. Existing Laws. All Advertising must conform to all applicable federal, state, and local statutes, laws, ordinances, rules and regulations. D. The CRA shall request removal of any advertising, commercial or noncommercial, that does not conform to this policy. Such demand will be in writing and will state reasonable grounds for the request. Circuit will consider and act promptly upon the request in accordance with this policy. Section 13: Ridership Fares A. Circuit shall collect ridership fares for the services, as follows: 758 4853-3349-4940, v. 6 i. For rides that begin and terminate within Zone 1: $1.00 for each rider. ii. For rides that begin or terminate in Zone 2: $2:00 for each rider. If the rider is part of a group, $2.00 for the initial rider and $1.00 for each additional rider within the group. B. Circuit shall credit the CRA’s monthly invoice for each Zone with 100% of the Net Fare Revenue, defined below, that is generated and collected from ridership fares. C. Net Fare Revenue means all gross ridership revenue that is collected from the passengers for the services less revenue collection costs and expenses, including but not limited to sales taxes or other taxes imposed by law, credit card processing fees and other billing related charging by third parties imposing similar processing charges. Circuit will be responsible for documenting all costs and expenses and related charges associated with the Net Fare Revenue calculations. 759 1 RESOLUTION NO. R24-041 2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 3 FLORIDA,APPROVING AND AUTHORIZING THE MAYOR TO 4 SIGN THE INTERLOCAL AGREEMENT BETWEEN THE CITY 5 OF BOYNTON BEACH AND THE BOYNTON BEACH 6 COMMUNITY REDEVELOPMENT AGENCY REGARDING 7 CIRCUIT TRANSIT INC., FOR THE BBCRA PILOT RIDE 8 SHARE PROGRAM; AND PROVIDING AN EFFECTIVE DATE. 9 WHEREAS, on January 18, 2024, the CRA Board approved a contract with Circuit 10 Transit, Inc., for the CRA pilot ride-share program, which will provide all-electric on-demand 11 transportation services; and 12 WHEREAS, the City and CRA desire to provide an additional route from the CRA 13 district to Ocean Front Beach Park,along with four dedicated parking stalls in the north parking 14 lot at the corner of Seacrest Blvd. and Boynton Beach Blvd., which will include three Level 2 15 EV charging stations adjacent to the existing electrical service; and 16 WHEREAS, in order to provide dedicated parking locations, electrical service for the 17 charging,ride share service to the Ocean Front Beach Park, and potential fixed route ride share 18 service for City Events, an Interlocal Agreement is required to fund any service outside of the 19 CRA boundaries and allow reimbursement of EV charging costs; and 20 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the 21 recommendation of staff,deems it to be in the best interests of the City residents to approve and 22 authorize the Mayor to sign the Interlocal Agreement between the City of Boynton Beach and 23 the Boynton Beach Community Redevelopment Agency regarding Circuit Transit Inc., for the 24 BBCRA Pilot Ride Share Program. 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 26 THE CITY OF BOYNTON BEACH, FLORIDA,THAT: 27 Section 1. Each Whereas clause set forth above is true and correct and incorporated 28 herein by this reference. 29 Section 2. The City Commission of the City of Boynton Beach, Florida, does 30 hereby approve and authorize the Mayor to sign the Interlocal Agreement between the City of 31 Boynton Beach and the Boynton Beach Community Redevelopment Agency regarding Circuit S:\CC\WP\CCAGENDA\2024\03-05-2024 CC\R24-041 Agenda_Item_1227-2023_ILA_City_CRA_Circuit_Transit_- Pilot_Ride_Share_Prognam.Docx 760 32 Transit Inc., for the BBCRA Pilot Ride Share Program. A copy of the Interlocal Agreement is 33 attached hereto and incorporated herein as Exhibit "A." 34 Section 3. That this Resolution shall become effective immediately upon passage. 35 PASSED AND ADOPTED this 5th day of March 2024. 36 CITY OF BOYNTON BEACH, FLORIDA 37 YES NO 38 39 Mayor—Ty Penserga 40 41 Vice Mayor—Thomas Turkin 42 43 Commissioner—Angela Cruz turns 44 45 Commissioner—Woodrow L. Hay V 46 47 Commissioner— Aimee Kelley 48 49 VOTE q 'D 50 51 AT ' : 52 53 4(0--54 i. ,I,r l 55 Maylee ID- sus, MPA MC nerga 56 City Cl ilryor 57 58 APPROVED AS TO FORM: 59 (Corporate Seal) 0,INT0A ` 60 0 ,. ORA; . G61 e •* ) 111 sdkai/ t 6 62 SEAL .5.li Shawna G. Lam 63 IticpORA1- 0 i City Attorney 192 111 '....... 1``.`, FLOR\V' S:\CC\WFCCAGENDA\2024\03-05-2024 CC\R24-041 Agenda_Item_1227-2023_ILA_City_CRA_Circuit_Transit_- Pi lot_Ride_Share_Program.Docx 761 INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR FUNDING AN ON DEMAND TRANSPORTATION SERVICES PILOT PROGRAM THIS AGREEMENT ("Agreement") is made this5dday of / ki-CM 2024, by and between the CITY OF BOYNTON BEACH, a Florida municipal corporation, (hereinafter referred to as "City"), and the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public body corporate and politic, duly created and operated pursuant to Chapter 163, Florida Statutes (hereinafter referred to as the"BBCRA"). The City and BBCRA may be referred to herein individually as a "party" and collectively as the "parties." WITNESSETH: WHEREAS, the BBCRA has elected to enter into an agreement with Circuit Transit, Inc. Circuit"), a copy of which is attached hereto as Exhibit A ("Circuit Agreement"); and WHEREAS, the Circuit Agreement provides that Circuit shall provide on demand transportation services (the "Services") as part of a pilot program for the BBCRA; and WHEREAS, the BBCRA shall only provide funding for the Services within the BBCRA's boundaries; and WHEREAS, the City desires to participate in the pilot program, fund Services outside of the BBCRA's boundaries, and otherwise contribute to the pilot program as described in this Agreement; and WHEREAS, to that end, the area in which Services will be provided has been divided into Zone 1 and Zone 2, which are depicted on Exhibit B attached hereto, which is hereby incorporated herein; and WHEREAS, Zone 1 is within the BBCRA's boundaries; and WHEREAS, Zone 2 is outside the BBCRA's boundaries; and WHEREAS, the BBCRA desires to enable the City to participate in the pilot program, fund Services outside of the BBCRA's boundaries, and otherwise contribute to the pilot program as 4859-3315-2162,v. 1 762 described in this Agreement; and WHEREAS, the BBCRA has required that Circuit include the City as an additional insured pursuant to the Circuit Agreement; and WHEREAS, the 2016 Community Redevelopment Plan ("CRA Plan") calls for the BBCRA to provide for connectivity between the districts, address public parking shortfalls, and provide for additional public waterfront access; and WHEREAS, the Services shall be in furtherance of these goals and principles of the CRA plan; and WHEREAS, the City and the BBCRA find that this Agreement serves a municipal and public purpose, and is consistent with and in furtherance of the Community Redevelopment Plan and the requirements of Chapter 163, Florida Statutes; NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties agree as follows: 1. Recitations. The recitations set forth above are hereby incorporated herein. 2 Definitions. Terms not otherwise defined herein shall have the meaning set forth in the Circuit Agreement(including the Exhibits to the Circuit Agreement). In the event of a conflict between a definition in this Agreement and a definition in the Circuit Agreement, the terms in this Agreement shall control. All other terms shall have their ordinary dictionary definitions. 3. Payment. The parties agree: a. Contribution. The City shall be responsible for providing payment to the BBCRA for the costs of the Services in Zone 2 and other costs as described below. Such payment shall be made within 15 days of the City receiving a complete written request for payment from the BBCRA. b. Invoicing. The BBCRA will submit the complete written request for payment to the City within 15 days of the receiving an invoice from Circuit. i. For purposes of this Agreement, a complete written request shall include: 4859-3315-2162,v. 1 763 1. The amount of payment requested. 2. The monthly report from Circuit, if provided by Circuit, describing the level of service for Zone 2, or equivalent documentation indicating the fare revenue collected from Zone 2 trips and the number of Zone 2 trips. 3. A copy of Circuit invoice to the BBCRA. 4. Tabulation by the BBCRA for the amount owed to the BBCRA by the City, which shall include each of the following, as applicable. A. For ordinary services, the costs of the Services in Zone 2 shall be calculated by multiplying the total invoice amount by the percentage of rides starting or ending within Zone 2, then subtracting from that resulting number fifty percent of the Net Fare Revenue generated from rides starting or ending within Zone 2. For clarity, the calculation above may also be represented as follows: total invoice amount) x (percentage of rides starting or ending within Zone 2)] — [.5 x Net Fare Revenue generated from rides starting or ending within Zone 2] = Amount of City Payment Due. It is the intent of the parties that the Net Fare Revenue generated from rides starting or ending within Zone 2 be evenly divided between the parties. B. For Services requested by the City for special events ("Special Event Services"), the City shall reimburse the CRA for all costs associated with Special Event Services, regardless of the location of the special event. ii. In the event the written request is incomplete, the City shall notify the BBCRA within five days of receiving the incomplete request; otherwise such request shall be deemed complete. Upon receiving written notice of an incomplete request, and the BBCRA 4859-3315-2162,v. 1 764 shall have 10 days to submit the complete written request; otherwise such written request shall be ineligible for payment. c. Promotions. In the event the City requests a pricing discount ("Sales Promotion") on certain Services, the City shall make payment to the BBCRA for difference in revenue to the BBCRA as a result of the Sales Promotion. 4 Coordination. The parties agree to the following concerning coordination related to this Agreement. a. Between the City and BBCRA. Coordination between the City and BBCRA shall occur as follows: i. The City shall designate a single point of contact ("City Project Manager") for coordination with the BBCRA concerning this Agreement. The City may modify the person acting as the City Project Manager upon written notice to the BBCRA. At present, the City designates Gail Mootz who can be reached at mootzg@bbfl.us and 561-742-6223. The BBCRA shall copy Jonele Luma at LumaJ@bbfl.us on all correspondence concerning invoices and Payments due. ii. The BBCRA shall designate a single point of contact ("BBCRA Project Manager") for coordination with the City concerning this Agreement. The BBCRA may modify the person acting as the BBCRA Project Manager upon written notice to the City. At present, the BBCRA designates Timothy Tack, who can be reached at tackt@bbfl.us and (561)600-9091, with a copy of all emails to be directed to Bonnie Nicklien at nicklienb@bbfl.us. b. With Circuit. The parties agree the BBCRA shall be the sole point of contact with Circuit. In the event the City desires to request Special Event Services, the City Project Manager shall submit to the BBCRA Project Manager a written request with sufficient detail to notify the BBCRA and Circuit of the time, date, total vehicle hours, vehicle types, and any other information necessary to analyze such request. Any request is for Special Event Services 4859-3315-2162,v. 1 765 must be made at least 30 days prior to the date of the applicable special event. If the City desires to coordinate with Circuit on any other matter, the City shall submit a written request to the BBCRA Project Manager containing sufficient information to analyze such request for consistency with the Circuit Agreement. So long as a written request from the City is consistent with the terms of the Circuit Agreement, the BBCRA shall coordinate with Circuit concerning the request within 5 business days of receiving such request and shall endeavor to arrange a meeting between the City, BBCRA, and Circuit. The City shall supply additional information as requested by the BBCRA as may be necessary, in the opinion of the BBCRA, to analyze the City's request and coordinate with Circuit concerning the same. 5. Parking Spaces. The parties agree that Circuit may use the Parking Spaces (defined below) for storing and charging the vehicles that provide the Services. a. Location. The City agrees to designate the parking spaces identified in Exhibit C (the Parking Spaces")for the sole use of Circuit. The location of the Parking Spaces may be moved from time to time upon the written consent of the BBCRA Project Manager and the City Project Manager. However, in the event the City requests the Parking Spaces be moved, the City and BBCRA share evenly share the costs of moving any charging infrastructure and signage. The parties agree to make best efforts to avoid relocating the Parking Spaces during the term of the Agreement. b. Signage, Charging Infrastructure, Electricity. The City consents to the placement of signage and electric charging infrastructure at the Parking Spaces, which shall be installed at no cost to the City. The City confirms that sufficient power can be supplied to the Parking Spaces to charge four Circuit vehicles simultaneously. The City shall invoice the CRA for the electricity used by the Parking Spaces. The BBCRA Project Manager and City Project Manager may agree to incorporate the electricity invoice into the payment described in Paragraph 3 of this Agreement. 4859-3315-2162,v. 1 766 c. Enforcement. The City agrees to assist in enforcement of parking restrictions to ensure the Parking Spaces are used exclusively by Circuit vehicles, as may be required from time to time. 6. Relationship to the Circuit Agreement. The parties agree that the City shall only be responsible for providing payment to the BBCRA and that BBCRA shall be responsible for administering the Circuit Agreement. The parties agree that the BBCRA has sole and absolute discretion concerning the Circuit Agreement, and nothing in this Agreement confers the rights or obligations of the BBCRA within the Circuit Agreement to the City. Nonetheless, the CRA will endeavor to coordinate with the City concerning the termination of the Circuit Agreement and the amount and timing of Services prior to terminating the Service Agreement or implementing Service changes. The BBCRA will not terminate services to Zone 2 without the prior written consent of the City. 7. Marketing and Promotion. Marketing and promotional efforts concerning the Services shall occur as follows: a. Inclusion of City Logo. The BBCRA shall include the City's logo on marketing and advertising pursuant to the Circuit Agreement ("Promotional Materials") at no cost to the City. The City shall provide its preferred logo to the BBCRA for use in Promotional Materials. The BBCRA Project Manager shall provide any draft Promotional Materials with the City logo to the City Project Manager no less than five business days prior to the use of such Promotional Materials for approval; provided however that if the BBCRA Project Manager does not receive a response within five business days such Promotional Materials shall be deemed approved by the City. b. Promotional Efforts by the City. The City shall promote the Services using Promotional Materials provided by the BBCRA in the manner described in Exhibit D. 8, Notice and Contact. All notices and requests concerning this Agreement shall be delivered via email to the City Project Manager or the BBCRA Project Manager, as applicable, which 4859-3315-2162,v. 1 767 email delivery shall be deemed "written"or"in writing"for purposes of this Agreement. Notices concerning default or termination, or requests for modifications to this Agreement shall also be delivered by email and by writing sent by one of (1) United States mail, return receipt requested, (2) courier, evidenced by a delivery receipt, or (3) by overnight express delivery service, evidenced by a delivery receipt, which notice or request shall be addressed to the person designated by each party for receipt of legal notice. At present, the parties designate the following for receipt of legal notice: If to the BBCRA:Kathryn Rossmell Lewis, Longman &Walker, PA 360 S. Rosemary Avenue Suite 1100 West Palm Beach, FL 33401 krossmell(d lIw-law.com If to the City: Shawna Lamb City of Boynton Beach 100 E. Ocean Avenue Boynton Beach, FL 33435 lambsbbfl.us 9. Term. This Agreement shall become valid and commence upon execution by the last party to this Agreement ("Effective Date"). This Agreement shall be in effect from the Effective Date and unless earlier terminated pursuant to the terms of this Agreement, shall automatically terminate upon the termination of the Circuit Agreement, or 1 year from the Effective Date of this Agreement, whichever is earlier. 10. Public Records. The City and the CRA each shall maintain their own records and documents associated with this Agreement in accordance with the requirements set forth in Chapter 119, Florida Statutes. All such records shall be adequate to justify all charges, expenses, and costs incurred in accordance with generally accepted accounting principles. Each party shall have access to the other party's books, records and documents as required in this Agreement for the purpose of inspection or audit during normal business hours during the term of this Agreement and at least one year after the termination of the Agreement. 4859-3315-2162,v. 1 768 11. Filing. The City shall file this Agreement pursuant to the requirements of Section 163.01(11) of the Florida Statutes 12. Sovereign Immunity. Nothing in this Agreement shall be deemed to affect the rights, privileges, and sovereign immunities of the BBCRA or the City as set forth in Section 768.28, Florida Statutes. 13. Default. If either party defaults by failing to perform or observe any of the material terms and conditions of this Agreement for a period of 10 calendar days after receipt of written notice of such default from the other party, the party giving notice of default may terminate this Agreement through written notice to the other party. Failure of any party to exercise its right in the event of any default by the other party shall not constitute a waiver of such rights. No party shall be deemed to have waived any rights related to the other party's failure to perform unless such waiver is in writing and executed by both parties. Such waiver shall be limited to the terms specifically contained therein. This section shall be without prejudice to the rights of any party to seek a legal remedy for any breach of the other party as may be available to it in law or equity. Notwithstanding the foregoing, in the event of a default by the either party, the exclusive remedy for such default shall be monetary, limited to actual damages incurred, and shall not exceed the amount actually paid to Circuit pursuant to the Circuit Agreement. 14. Entire Agreement. This Agreement represents the entire and sole agreement and understanding between the parties concerning the subject matter expressed herein. No terms herein may be altered, except in writing and then only if signed by all the parties hereto. All prior and contemporaneous agreements, understandings, communications, conditions or representations, of any kind or nature, oral or written, concerning the subject matter expressed herein, are merged into this Agreement and the terms of this Agreement supersede all such other agreements. No extraneous information may be used to alter the terms of this Agreement. 15. Severability. The validity of any portion, article, paragraph, provision, clause, or any portion 4859-3315-2162,v. 1 769 thereof of this Agreement shall have no force and effect upon the validity of any other part of portion hereof. To that end, this Agreement is declared severable. 16. No Third Party Beneficiaries. No provision of this Agreement is intended to, or shall be construed to, create any third party beneficiary or to provide any rights to any person or entity not a party to this Agreement, including but not limited to any citizen or employees of the City or the BBCRA. 17. No Assignment. The Parties may not transfer or assign this Agreement in whole or in part, without prior written consent of the other,which may be granted or withheld at the other party's absolute discretion. 18. Governing Law; Venue. This Agreement shall be governed by and in accordance with the Laws of Florida. The venue for any action arising from this Agreement shall be in Palm Beach County, Florida. 19. Survival. The provisions of this Agreement regarding termination and records shall survive the expiration or termination of this Agreement and remain in full force and effect. 20. Time is of the Essence. The parties acknowledge that time is of the essence in the performance of the provisions in this Agreement. 21. Counterparts and Transmission. To facilitate execution, this Agreement may be executed in as many counterparts as may be convenient or required, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The executed signature page(s) from each original may be joined together and attached to one such original and it shall constitute one and the same instrument. In addition, said counterparts may be transmitted electronically(i.e., via facsimile or.pdf format document sent via electronic mail), which transmitted document shall be deemed an original document for all purposes hereunder. 22. Interpretation; Independent Advice. This Agreement shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been 4859-3315-2162,v. 1 770 prepared by counsel for one of the parties. The parties declare that the terms of this Agreement have been read and are fully understood. The parties understand that this is a binding legal document, and each party is advised to seek independent legal advice in connection with the matters referenced herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year written below. Boynton Beach Community Redevelopment Agency ATTEST: L By: i` t/ .x Print Name: S17/?V — Title: ,; Date:C. APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: CRA Attorne City of Boynton Beach, Florio . ATTES : By: ON•B£,q' int Nam:. /y P&2 ti. 5, p1E .••'s' Lt. 7oR 1115e0tS,\l Titl!t 3/zYoerOgatofri OC1'0,9,Y ei APPROV .'AS TO FORM A'`‘! LEGAL - ' FICIENCY: C , A ttorney 4859-3315-2162,v. 1 771 EXHIBIT A BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY AGREEMENT FOR ON-DEMAND TRANSPORTATION SERVICES This Agreement for On-Demand Transportation Services (hereinafter "Agreement") is made by and between CIRCUIT TRANSIT INC., ("Contractor") a Florida corporation organized and existing under the laws of the State of Florida having its principal office at 501 East Las Olas, Suite 300, Fort Lauderdale, FL 33301, including its Affiliates (collectively, the Contractor" or "Company") and BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (the"Client"or"CRA")a community redevelopment agency organized and existing under the laws of the State of Florida having its principal office 100 E. Ocean Avenue, 4th Floor, Boynton Beach, Florida 33435, (hereinafter the "CRA") (collectively the "Parties"). WHEREAS, the CRA is in need of on-demand transportation ("Services"); and WHEREAS,Circuit entered into an agreement with the City of Hollywood in response to Request to Proposal No. RFP-045-23-SK, effective July 1, 2023 to provide on-demand transportation services for a term of one (1) year, with the option to renew for three (3) one-year periods; and WHEREAS, the CRA desires to obtain the Services from Circuit on same the terms, conditions,and pricing provided under RFP-045-23-SK,subject to the terms and conditions of this Agreement and the City of Boynton Beach Procurement Policy; and WHEREAS, Circuit agrees to extend the terms, conditions, and pricing provided under RFP-045-23-SK to the CRA, subject to the terms and conditions of this Agreement; and WHEREAS,the Services are required for a proper municipal purpose and is in the interest of the public;and WHEREAS, the Services will further the Community Redevelopment Plan. NOW THEREFORE, in consideration of the mutual covenants and promises set forth herein, the sufficiency of which both Parties acknowledge, the Parties agree as follows: 1) Incorporation. The recitals above and all other information above are hereby incorporated herein as if fully set forth. 2) Description of the Services. Contractor will perform its obligations as described in Exhibit A: Scope of Services, which is hereby incorporated as if fully set forth herein. 3) Term. The Contractor shall perform the Services for six (6) months ("Initial Term"), with option to renew for 6 months ("Renewal Term"). Services shall start within thirty (30) days of the effective date of this Agreement or upon the CRA's execution of an interlocal agreement with the City of Boynton Beach for services, whichever is later. A copy of the executed Page 1 of 10 4875-9566-4284,v.2 772 interlocal agreement shall be provided to Circuit. The service start date may be extended by mutual agreement of the Parties. 4) Compensation. The CRA shall pay the Contractor an amount not to exceed Four Hundred Thousand dollars ($400,000.00) (hereinafter, "Compensation") for the performance of the Services for the Initial Term and Renewal Term of this agreement, which sum shall be paid in accordance with the Pricing Schedule attached as Exhibit B.The Compensation is all inclusive for the services provided and shall include the cost of the vehicles, vehicle wraps, including the art work installation and removal of the wraps, W-2 Drivers, management fees, driver training, insurance, vehicle maintenance, cell phones, hosting services for the mobile application and related usage fees, web fees, and basic marketing materials. Contractor shall be responsible for all costs related to the operation and maintaining the vehicles,including cost of installation of the vehicle charging equipment and the costs for electrical service required for vehicle charging.Notwithstanding the above, in the event that the CRA does not renew this Agreement after the Initial Term,the CRA shall reimburse Contractor the costs associated with modifying the existing electrical service to accommodate new charging equipment, upon receipt of proper invoice .The CRA shall not be responsible for the payment of any additional fees not otherwise stated herein, unless the parties enter into a written amendment to this Agreement which is approved by both parties. 5) Method of Payment of Compensation. Circuit shall submit a monthly detailed invoice to the CRA. Project Manager shall determine the format of the invoice and the information that must be provided. Payment of Compensation (or any part thereof)shall be made within 45 days of receipt of a proper invoice, in accordance with the Local Government Prompt Payment Act, Section 218.70, et al., Florida Statutes. Any amounts not timely paid by CRA shall bear interest from 30 days after the due date at the rate of 1 percent per month on the unpaid balance. All Payments shall be in the form of a CRA check made payable to the Contractor, or as indicated above.No Payment made under this Agreement shall be conclusive evidence of the performance of this Agreement by the Contractor, either wholly or in part, and no Payment shall be construed to be an acceptance of or to relieve the Contractor of liability for the faulty or incomplete rendition of the Services. 6) Propriety. Contractor understands that at all times during its performance of Services, Contractor, Contractor's employees and subcontractors shall conduct itself at all times with due regard to public conventions and morals, and shall refrain from making statements or presenting material that contains vulgar,obscene,profane,or otherwise objectionable language that,as determined in the sole discretion of the CRA, material and substantially interferes with the functions and reasonable business operations of the CRA. 7) Termination for Convenience. The CRA reserves the right to terminate this Agreement for any reason and without cause with sixty (60) days written notice during the Renewal Term only. In the event of termination,Contractor shall be entitled to payment for services rendered through the date of termination. 8) Termination for Cause; Default. The CRA reserves the right to terminate this Agreement, in part or in whole, in the event the Contractor fails to perform in accordance with the terms and conditions stated herein by providing written notice of such failure or default and by Page 2 of 10 4875-9566-4284,v.2 773 specifying a reasonable time period within which the Contractor must cure any such failure to perform or default. If the Contractor fails to cure the default within the time specified,the CRA may then terminate the Agreement by providing written notice to the Contractor. Notwithstanding anything to the contrary in this Agreement, if the CRA determinates that termination is necessary to protect public health, safety or welfare,the CRA may terminate the Agreement upon providing such written notice that the CRA deems appropriate under the circumstances, including immediate termination. In the event of immediate termination, the Contractor shall be entitled to payment for seven (7)days of services plus payment for services rendered under this Agreement through the date of the notice of immediate termination. 9) Termination for Bankruptcy. The CRA shall have the right to terminate this Agreement by providing written notice to the Contractor in the event: i) Contractor enters into receivership or is subject of a voluntary or involuntary bankruptcy proceeding; or ii) a substantial part of the Contractor's property becomes subject to nay levy, seizure, assignment, or sale for or by any creditor or government agency. 10) Waiver. The CRA shall not be responsible for any property or other damages or personal injury sustained by the Contractor from any cause whatsoever related to the Services whether such damage or injury occurs before, during, or after the actual performance of the Services. The Contractor hereby forever waives, discharges, and releases the CRA, its agents, and its employees, to the fullest extent the law allows, from any liability for any damage or injury sustained by the Contractor. 11) Indemnification. The Contractor shall indemnify, save, and hold harmless the CRA, its agents, and its employees from any liability, claim, demand, suit, loss, cost, expense or damage which may be asserted, claimed, or recovered against or from the CRA, its agents, or its employees, by reason of any property or other damages or personal injury, including 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 or the faulty equipment of the Contractor or the performance of this Agreement by Contractor or Contractor's employees,agents,partners,principals,or subcontractors. This paragraph shall not be construed to require Contractor to indemnify the CRA for negligence or intentional acts of the CRA, 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. 12) Limitation of liability. To the extent permitted by law, the CRA's liability for all matters that occur as a result of, arise out of, or are otherwise related to this Agreement, including negligent,grossly negligent,or willful misconduct or omission,shall be limited to the amount of Compensation, less amounts that have already been paid, or the direct out-of-pocket damages actually incurred, whichever is less. Neither Party shall not be liable to the other party for special,indirect, incidental or consequential damages. Each Party hereby disclaims such damages to the full extent such may be disclaimed, except in the case of fraud, gross negligence or willful misconduct of the responsible Party. Nothing in this Agreement shall be deemed to affect the rights, privileges, and sovereign immunities of the CRA , including those set forth in Section 768.28, Florida Statutes. Page 3 of 10 4875-9566-4284,v.2 774 13) No Transfer. The Contractor shall not subcontract, assign, or otherwise transfer this Agreement to any individual, group, agency, government, non-profit or profit corporation, or other entity without prior, written permission from the CRA. 14) Insurance. The Contractor shall obtain all insurance required by the CRA and provide proof thereof at least 10 days prior to the start of the Services, and include for the following insurance amounts: Commercial General Liability: 1,000,000 per occurrence/$2 million in the aggregate for bodily injury, personal injury and property damage Automobile Liability: 1,000,000 combined single limit for bodily injury and property damage, including hired owned and non-owned auto coverages Workers Compensation In the amounts required under Florida Statutes Cyber Liability: 1,000,000 coverage Umbrella/Excess Liability insurance 5,000,000 coverage The Insurance must remain in force for so long as is necessary to cover any occurrence relating to,resulting from, or arising out of the Services or this Agreement. Contractor shall not commence services under the terms of this agreement until a Certification of Insurance COI")has been received by the CRA. The CRA is to be included as"Additional Insured" with respect to liability arising out of services performed by the Contractor by or on behalf of the CRA or acts or omissions of the Contractor in connection with providing Services pursuant to this Agreement. The Certificate must include the following as additional insured parties: Boynton Beach Community Redevelopment Agency 100 E Ocean Avenue,4th Floor Boynton Beach,Florida 33435 The City of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33435 15) Tax Forms. The Contractor's individual members, including the Contractor's agents and employees, shall provide the CRA with completed W-9 forms in order receive Payment. The CRA shall provide the Contractor with an IRS Form 1099 where required under law. The Contractor further acknowledges that the CRA is neither paying Social Security benefits nor withholding taxes from the Contractor's compensation for the Services. The Contractor Page 4of10 4875-9566-4284,v.2 775 assumes all liability and responsibility for payment of the Contractor's (and the Contractor's individual members)own FICA and Social Security benefits and all taxes resulting from this Agreement. 16) Funding. This Agreement is expressly conditioned upon the availability of funds lawfully appropriated and available for the purposes set out herein as determined in the sole discretion of the CRA. In the event funds to finance this Agreement become unavailable,the CRA may terminate this Agreement upon no less than twenty-four(24)hours'notice to Contractor.The CRA shall be the sole and final authority as to the availability of funds. The CRA shall pay Contractor for goods received or services rendered prior to the date of termination. 17) No Discrimination. The Contractor shall not discriminate against any person on the basis of race, color, religion, ancestry, national origin, age, sex, marital status, familial status, gender identity,gender expression,sexual orientation or disability for any reason in its hiring or contracting practices associated with this Agreement. 18) Independent Contractor; No Partnership, Etc. The Contractor agrees nothing contained in this Agreement shall be deemed or construed as creating a partnership,joint venture, or employee relationship. It is specifically understood that the Contractor is an independent contractor(s) and that no employer/employee or principal/agent is or shall be created nor shall exist by reason of this Agreement or the performance of Services; and that Contractor is an independent contractor and not an employee of the CRA for all 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 will exercise its own judgment in matters of safety for itself, those affected by the Services, and attendees of the Event. 19) Promotional Materials. The Contractor agrees that the CRA may photograph and/or record video and audio of the Services, and that such photographs and recordings may be (i) used for the purposes of promotion of the CRA, or undertakings by the CRA; (ii)transmitted live or by recording on local television and radio channels; and (iii) used in materials intended for public display or distribution to the public, including but not limited to print advertisements, billboards, street and light pole banners, websites affiliated with the CRA, and social media affiliated with the CRA. The Contractor waives and assigns to the CRA all copyrights under the Copyright Act of 1976, 17 U.S.C. 101, et seq., and all other rights in recorded,photographed,or transmitted versions of the Services. The CRA shall attribute the Services to the Contractor. 20) No Infringement. The Contractor represents that in performing the Services under this Agreement, the Contractor will not infringe on the property right, copyright,patent right or any other right of anyone else; and if any suit is brought or a claim made by anyone that anything in conjunction with the ownership or the presentation of said Contractor or appearance as part of the Services is an infringement on the property right,copyright,patent right, or other rights, the Contractor will indemnify the CRA against any and all loss, Page 5of10 4875-9566-4284,v.2 776 damages, costs, attorney fees or other loss whatsoever. The Contractor shall not use the CRA's logos, or marks without the CRA's prior written approval. 21) Entire Agreement. This Agreement represents the entire and sole agreement and understanding between the Parties concerning the subject matter expressed herein. No terms herein may be altered,except in writing and then only if signed by all the parties hereto. All prior and contemporaneous agreements, understandings, communications, conditions or representations, of any kind or nature, oral or written, concerning the subject matter expressed herein,are merged into this Agreement and the terms of this Agreement supersede all such other agreements. No extraneous information may be used to alter the terms of this Agreement. 22) Counterparts and Transmission. To facilitate execution,this Agreement may be executed in as many counterparts as may be convenient or required, each of which shall be deemed an original,but all of which together shall constitute one and the same instrument. The executed signature page(s)from each original may be joined together and attached to one such original and it shall constitute one and the same instrument. In addition, said counterparts may be transmitted electronically (i.e., via facsimile or .pdf format document sent via electronic mail), which transmitted document shall be deemed an original document for all purposes hereunder. 23) Agreement Deemed to be Drafted Jointly. This Agreement shall be deemed to be drafted jointly and shall not be construed more or less favorably towards any of the parties by virtue of the fact that one party or its attorney drafted all or any part thereof. Any ambiguity found to exist shall be resolved by construing the terms of this Agreement fairly and reasonably in accordance with the purpose of this Agreement. 24) Governing Law, Jurisdiction, and Venue. The terms and provisions of this Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of Florida and the United States of America, without regard to conflict of law principles. Venue and jurisdiction shall be Palm Beach County, Florida, for all purposes, to which the parties expressly agree and submit. BY ENTERING INTO THIS CONTRACT, CONTRACTOR AND CRA HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS CONTRACT. CONTRACTOR SHALL NOT BRING ANY COURT ACTION AGAINST CRA EITHER IN EQUITY OR IN LAW,AND CONTRACTOR EXPRESSLY WAIVES ITS RIGHT TO INSTITUTE LITIGATION AGAINST CRA FOR ANY MATTER ARISING UNDER THE TERMS OF THIS CONTRACT,UNTIL AFTER THE PROJECT HAS BEEN COMPLETED AND ACCEPTED BY CRA. 25) Severability. If any part of this Agreement shall be declared unlawful or invalid, the remainder of the Agreement will continue to be binding upon the parties. To that end, this Agreement is declared severable. 26) Force Majeure. Neither party shall be deemed to be in breach of this Agreement if either party is prevented from performing any obligations required of it by reason of boycotts, shortages of materials, labor disputes, embargoes, acts of God, epidemic, pandemic, acts of Page 6 of 10 4875-9566-4284,v.2 777 public enemy, acts of superior governmental authority, floods, riots, foreign or civil wars, rebellion, terrorism, sabotage by third parties, or any other similar circumstances for which it is not reasonably responsible and which are not within its control. Each party take all reasonable steps to prevent, reduce, mitigate, and remedy the effects of the Force Majeure event as soon as possible if within its control. The CRA shall not be obligated to pay Contractor Compensation under this Agreement to the extent that a Force Majeure prevents or delays Contract from performing Services. 27) Voluntary Waiver of Provisions. The failure of either Party to enforce any of its rights hereunder or at law will not be deemed a waiver or a continuing waiver or any of its rights or remedies against the other Party, unless such failure or waiver is expressly set forth and acknowledged in writing. The CRA may, in its sole and absolute discretion, waive any requirement of the Contractor contained in this Agreement. The Contractor may waive any requirements of the CRA contained in this Agreement. 28) Contractor-owned records.Except as provided in Chapter 119,Florida Statutes,all records created and compiled by Contractor in completing the Services are owned by Contractor and include, but are not limited to, written reports, studies, drawings, blueprints, photographs, negatives of photographs, computer printouts, graphs, charts, plans, contract documents, specifications, all ridership data, information generated on the Contractor's proprietary mobile applications and all other similarly recorded data. 29) Public Records. The CRA is a public agency subject to Chapter 119,Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: a. Keep and maintain public records required by the CRA to perform the Services described in this Agreement. b. Upon request from the CRA's custodian of public records,provide the CRA with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes,or as otherwise provided by law. c. Ensure that public records that are exempt or confidential and exempt from public record requirements are not disclosed except as authorized by law for the duration of the Agreement term and following completion of the Agreement if the Contractor does not transfer the records to the CRA. d. Upon completion of the Agreement, transfer, at no cost, to the CRA all public records in possession of the Contractor or keep and maintain public records required by the CRA to perform the service. If the Contractor transfers all public records to the CRA upon completion of the Agreement,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 Agreement,the Contractor shall meet all applicable requirements for retaining public records.All records stored electronically must be Page 7 of 10 4875-9566-4284,v.2 778 provided to the CRA, upon request from the CRA's custodian of public records, in a format that is compatible with the information technology systems of the CRA. The Contractor also understands that CRA may disclose any document in connection with performance of the Services or this Agreement, so long as the document is not exempt or confidential and exempt from public records requirements. 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 AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (561) 737-3256; 100 E. Ocean Ave., 4th Floor, Boynton Beach, FL 33435; or TackT(acbbtl.us. 30) Agent. If this Agreement is signed by the Contractor's agent, the agent warrants that he/she is duly authorized to act on behalf of the Contractor, that he/she is authorized to enter into this Agreement, and that the agent and Contractor are jointly and severally liable for any breach of this Agreement. 31)Notice and Contact. The parties shall use the contact information below for coordinating delivery of the Services. Whenever either Party desires to give notice to the other, such notice must be in writing and sent by United States mail, return receipt requested,courier,evidenced by a delivery receipt,or by overnight express delivery service,evidenced by a delivery receipt, addressed to the Party for whom it is intended at the place last specified; and the place for giving of notice shall remain until it shall have been changed by written notice in compliance with the provisions of this paragraph. For the present, the Parties designate the following as the respective places for giving of notice: Contact Person for the Contractor Circuit Transit Inc. Jason Mirras 501 East Las Olas Suite 300 Fort Lauderdale, FL 33301 With a copy to: Circuit Transit Inc. P.O. Box 2173 Amagansett,NY 11930 Attention : James Mirras Contact Person for the CRA (hereinafter"Program Coordinator"): Name: Timothy Tack Address: 100 E. Ocean Avenue. 4th Floor, Boynton Beach, FL 33435 Page 8of10 4875-9566-4284,v.2 779 Email Address: TackT@bbfl.us. Telephone Number: (561)600-9091 With a copy to: Kathryn Rossmell, Esq. Lewis, Longman, & Walker P.A. 360 S. Rosemary Avenue, Suite 1100 West Palm Beach,FL 33401 32) Attorneys' Fees and Costs. Should it be necessary to bring an action to enforce any of the provisions of this Agreement, each party shall be responsible for its own attorneys' fees and costs. 33) Compliance with Laws. In the performance of the Services under this Agreement, the Contractor shall comply in all material respects with all applicable federal and state laws and regulations and all applicable Palm Beach County, City of Boynton Beach, and CRA ordinances and regulations, including applicable ethics and procurement requirements. 34) Effective Date and Termination. This Agreement will become effective at the date and time that the last party signs this Agreement ("Effective Date"). Unless earlier terminated pursuant to this Agreement, this Agreement will automatically terminate after the performance of the Services and final Payment by the CRA. Nothing in this paragraph shall be construed so as to affect the CRA's right to cancel or postpone the Services pursuant to this Agreement. 35) Modification. This Agreement will not be modified or amended except by the express written agreement of the Parties, signed by a duly authorized representative for each Party. Any other attempt to modify or amend this Agreement will be null and void and may not be relied upon by either Party. 36) Survival. The provisions of this Agreement regarding promotional rights, infringement, indemnity, waiver, limitation of liability, insurance, agents, and cancellation shall survive the expiration or termination of this Agreement and remain in full force and effect. 37) Electronic Signatures. The parties agree that the electronic signature of a party to this Agreement shall be as valid as an original signature of such party and shall be effective to bind such party to this Agreement. 38) Non-Scrutinized Company. Contractor hereby certifies that it is not on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes, and is not engaged in a boycott of Israel. If the CRA determines that this certification is falsified or contains false statements,or that Contractor is placed Scrutinized Companies that Boycott Israel List or engages in a boycott of Israel after the execution of the Agreement,the CRA may terminate the Agreement. 39) Agreement Non-Exclusive. Contractor shall be free to contract for similar services to be performed for other entities or persons while under contract with the CRA. The provision of Page 9 of 10 4875-9566-4284,v.2 780 services provided for herein is non-exclusive. The CRA in its sole and absolute discretion may retain additional entities or persons to perform the same or similar work. 40) E-Verify. Contractor warrants for itself and its subcontractors that Contractor and all subcontractors are in compliance with all federal immigration laws and regulations that relate to their employees. The Contractor agrees and acknowledges that the CRA is a public employer that is subject to the E-verify requirements as set forth in Section 448.095,Florida Statutes, and that the provisions of F.S. Sec. 448.095 apply to this Agreement. Notwithstanding any other provisions in this Agreement,if the CRA has a good faith belief that Contractor has knowingly hired, recruited or referred an alien who is not duly authorized to work by the immigration laws or the Attorney General of the United States for employment under this Agreement,the CRA shall terminate the Agreement. If the CRA that has a good faith belief that a subcontractor knowingly hired, recruited or referred an alien who is not duly authorized to work by the immigration laws or the Attorney General of the United States for employment under this Agreement, the CRA shall promptly notify Contractor and order Contractor to immediately terminate the contract with the subcontractor. Contractor shall be liable for any additional costs incurred by the CRA as a result of the termination of a contract based on Contractor's failure to comply with E-verify requirements referenced herein. 41) Conflict of Interest. Circuit represents that it has no interest and will not acquire any interest, direct or indirect, that would conflict with the performance of the services to be rendered under this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year written below. By Date: t/Z.• ft<2`( Au epresentative r Contractor Print Name: 1-3-Pc Le-1 Witness: Date: t/2 2`t Witness Name:t 4 ---- ‘4 C' 5 By: Date: / 9' 20 z'? Authorized esentative for CRA Print Name/ 79 i()0 & Witness: 17- Date: I INV ZoZq Witness Name: 70 N I E Ni I(AL.'1A El.; Page 10 of 10 4875-9566-4284,v.2 781 EXHIBIT A: SCOPE OF WORK Section 1: Summary of Services Circuit shall develop, implement and manage a Micro-Transit"On Demand"service(the"Service")within a geo-fenced coverage area described in Exhibit A-1. The Service will have the ability to be on demand and may include supplementary service for special events as specified in this Scope of Work.The Service will serve visitors,residents, and workers by providing a convenient,efficient mobility option to circulate primarily throughout the Boynton Beach CRA boundaries and provide transportation to Ocean Front Beach Park.The Service to the Beach shall be subject to CRA's execution of an interlocal agreement with the City of Boynton Beach for the provision of services to Ocean Front Beach Park. The Service shall: A. Operate a 6-month on-demand pilot test in two zones(Zone 1 and Zone 2)covering approximately 1.6 square miles of coverage area as illustrated in Exhibit C ("Service Area"). Zone 1 is located within the boundaries of the CRA. Zone 2 provides service to Ocean Front Beach Park, which is located outside the boundaries of the CRA. B. Supplement any part of the service with a fixed route for special events and if deemed necessary through data and public needs. C. Demonstrate the ability to scale up and down the fleet of vehicles and deploy them to various locations based on monthly,weekly,daily,and hourly fluctuations in demand in order to achieve a desired level of service. D. Operate vehicles that meet the Federal Motor Vehicle Safety Standards and Regulations. E. Provide a safe and pleasing passenger experience with capable,qualified and courteous drivers. F. Feature a mobile application downloadable from both the Apple Store and Google Play Store which will have the ability to charge a fee for service via a secured credit card payment system. G. Provide a dedicated phone line so that users can call and request assistance. H. Service will be operational within 30 days of the effective date of this Agreement or upon the CRA's execution of an interlocal agreement with the City of Boynton Beach for services, whichever is later. The date of operation may be extended by mutual agreement of the parties if necessary to accommodate installation of infrastructure as required by Section 4 this agreement. I. Service shall be periodically adjusted based upon needs identified during the term of the Agreement and the availability of funds. Section 2: Mobile Application Circuit shall provide a mobile application which provides for the following: A. Allows riders to request pick up and drop off locations within the Service Area. B. Allows the user to connect from Zone 1 and Zone 2. C. At no cost to the CRA,Circuit shall maintain updates to the application,which shall be compatible with smart phones and other mobile devices. D. Provides for the ability to charge a fee per rider and issue discounts via promo-codes. E. Provides users with approximate time until pick up. F. Allows users to rate drivers and provide feedback. G. Features a Google Maps based map (or equivalent) that identifies the boundaries of the Service Area. H. After a ride request has been accepted by a driver, depicts the real-time location of vehicles on a map of the Service Area. I. Ability to track party and usage data. 4853-3349-4940,v.6 782 Section 3: Marketing and Branding A. In coordination with the CRA,Circuit shall develop and implement a branding strategy,which shall incorporate the logo and name of the CRA and the City of Boynton Beach. Circuit shall not implement any branding strategy without prior written approval from the CRA.Any changes to the branding strategy must be approved in writing by the CRA prior to implementation. B. Circuit shall develop and implement a marketing program to promote awareness of the program. The CRA shall have the right to request changes to the marketing program. C. The CRA retains the right to review marketing materials prior to use and to request changes or withdrawal of any marketing materials. Section 4: Vehicles and Infrastructure Circuit shall procure, license, operate and maintain vehicles and related infrastructure including charging stations used in the service in accordance with applicable laws and regulations with the following requirements. A. Fleet Size. Unless the parties agree otherwise,Circuit will acquire and operate at its own expense no fewer than two(2)GEM vehicles(inclusive of one(1)ADA accessible GEM vehicle)and two 2)EV Sedans as part of this Service.The parties agree that the hourly rate for the EV Sedans will be the same as the GEM vehicles for the Initial Term and Renewal Term of the Agreement. Circuit shall maintain and operate vehicles to satisfy the minimum levels of service and ADA accessibility requirements. B. Specifications.All vehicles will: i. Comply with all applicable laws and regulations. ii. Be fully electric. iii. Meet all safety standards established by applicable law or regulation. iv. Feature luggage carrying capacity. C. Branding. The branding strategy will be applied to all vehicles as follows: i. At all times during operation of any vehicles pursuant to this Agreement,Circuit may apply, but is not limited to, branding to all wheels, hoods, front panels, coping, roof and rear fenders,unless otherwise prohibited by the CRA. ii. Circuit shall develop a default vehicle wrap to be used when no paying advertiser has been identified for any vehicle or vehicles for a period of 7 days or longer unless otherwise approved by the CRA. iii. Exterior and interior advertising will not interfere with the placement or visibility of any branding required by this Agreement, unless otherwise approved by the CRA. D. Licensing.Circuit shall obtain and maintain proper licensing and registration of all vehicles at all times. E. Parking and charging stations. The CRA shall provide four (4) parking spaces that will be reserved exclusively for Circuit's use, which Circuit may use for charging, parking, and storing the vehicles during times of non-operation. The location of the spaces will be as stated in the Interlocal agreement between the CRA and the City. Circuit shall be permitted to install Level 2 EV charging stations and signage at the three (3) of the reserved parking spaces. Circuit shall be solely responsible for the cost of signage,charging equipment, and electrical services required for charging vehicles. The CRA shall ensure that electrical service is available at the reserved spaces. Upon termination of the Agreement, Circuit shall restore the reserved parking spaces to their original condition. F. Maintenance and replacement. 4853-3349-4940,v.6 783 i. At Circuit's sole cost,Circuit shall maintain the interior and exterior of all vehicles in good working order,in accordance with all applicable laws and regulations. ii. Circuit shall ensure that all vehicles will be free of graffiti,vandalism,defacement and other damage to the satisfaction of the CRA. iii. Circuit shall replace any vehicle at its sole cost when the vehicle cannot be maintained in good working order, in accordance with applicable laws and regulations, or it is no longer able to be maintained in accordance with the requirements of this Agreement. iv. Circuit shall use its best efforts to restore or replace non-operational vehicles to operation within three (3) calendar days from the date of any incident requiring the vehicle to be removed from operation. Circuit shall provide verbal and written notice to the CRA of any delay in restoring or replacing a non-operational vehicle that extends beyond three (3) calendar days from the date of malfunction. If the CRA determines that any such delay is due to Circuit's lack of diligence,the CRA will have the right to pursue any remedy provided for in this Agreement, or at law or equity. Section 5: Staffing A. General. Circuit shall provide sufficient staffing to maintain levels of service required by this Agreement. All persons providing services pursuant to this Agreement will be employees, contractors or consultants hired by the Circuit.Circuit is solely responsible for all staffing decisions made pursuant to this Contract. B. Drivers.Circuit shall obtain complete background checks on all drivers,including driving records, criminal checks and employment references, conduct initial drug testing, and provide a training program for newly hired drivers. Circuit shall not hire any convicted felon or any person who has been convicted or pled guilty to driving under the influence of drugs or alcohol as a misdemeanor in any state. Circuit shall not hire a driver with more than three(3)infractions relating to driving a motorized vehicle within the previous 24 months. Circuit to review each driver's driving and criminal records at least annually. C. Circuit shall provide its employees with a living wage and tips. Section 6: Attaining and Maintaining Levels of Service(LOS) A. General. Circuit shall provide an LOS that meets customer demands at all times of Service operations. B. Service Level review. Circuit and the CRA shall meet at least quarterly to review LOS and determine if any adjustments are necessary.Any agreed upon adjustments will be made in writing. C. The CRA designates Timothy Tack as the Project Manager and will provide written notification to Circuit of any changes to the Project Manager. The Project Manager shall be Circuit's principal point of contact regarding any matters relating to this Agreement. The Project Manager shall provide all general direction to Circuit regarding performance and provide guidance regarding the CRA' s goals and policies. The Project Manager is authorized to waive or modify any material changes to this Scope of Work changes so long as the changes do not increase Compensation paid to Circuit. Except as provided herein,any modifications to the Scope of Services that increase the Compensation paid to Circuit must be agreed by the parties by written amendment to the Agreement. D. Circuit designates Jason Bagley as Circuit's Representative for this Agreement. Circuit will provide written notice to the CRA should there be a subsequent Representative change. Circuit's Representative has full right,power and authority to act for Circuit on all matters arising under or relating to this Agreement. E. Special events. CRA may request additional vehicles for special events. Such request shall be made at least thirty(30)days prior to the special event and may include a request the establishment 4853-3349-4940,v.6 784 of a fixed route for existing vehicles and/or a request additional vehicles, subject to availability. For additional vehicles provided for special events, CRA agrees to pay the regular service hourly rate per vehicle of$34.97 plus the actual cost to transport the vehicle(s)to the requested location, which will be agreed to by the parties in writing, prior to transportation. Section 7.Trip Sharing A. Drivers shall be permitted to transport more than one(1)party but no more than five(5)parties in GEM vehicles and four(4) parties in the E-Sedan under the following conditions: i.The vehicle must be equipped with individual seatbelts for the driver and each rider. ii. All passengers must use seatbelts at all times. iii. The total number of passengers, including the driver does not exceed the vehicle's legal capacity. Section 8: Operational Requirements A. Circuit and all its employees, officers, managers, staff, subcontractors and subconsultants shall comply with all applicable local, state and federal laws and regulations while performing work pursuant to this Agreement including but not limited to all laws and regulations regarding the safe operation of vehicles. B. Circuit shall prohibit drivers from texting or using smartphones, or other mobile device, eating, drinking, wearing headphones, and engaging in any activity that may cause the driver to become distracted while driving the vehicle. Parties acknowledge and agree that (i) drivers will only be permitted to wear Bluetooth enabled device or similar technology to provide service provided by this Contract in accordance with all laws governing such devices; and (ii) drivers may use smart phones mounted to the dashboard or windshield of the vehicles only in accordance with all laws governing such devices. C. Circuit must obtain all permits and approvals required in the ordinary course of business for the safe and legal operation of the Service, including without limitation,permits or approvals from the Florida Department of Highway Safety and Motor Vehicles, . Circuit is responsible for obtaining any permits and approvals required by the State of Florida for operation of the Service. D. Circuit to require all persons using the Service to comply with applicable local, state and federal laws and regulations relating to the use of seatbelts and alcohol consumption in vehicles. E. Circuit and its drivers are permitted to refuse service when, in the driver's opinion, a passenger poses a threat to himself or herself, other passengers, the driver, the vehicle or other vehicles or persons. F. Circuit is permitted to establish reasonable restrictions on the provision of services to non-service animals. G. All Circuit drivers shall wear proper identification and a uniform. H. The CRA reserves the right to request immediate dismissal of any Circuit employees who fail to comply with the requirements of this Agreement. Relief personnel should be readily available during the term of this Agreement. Section 9: Operating Hours Each vehicle shall be available for an anticipated sixty(60)hours each week("Vehicle Hours") . The cost per vehicle shall be based on the rates described in the Pricing Schedule attached as Exhibit B.The Vehicle Hours shall occur within the following schedule: 4853-3349-4940,v.6 785 Day Start time End time Mon 10:00 am 8:00 pm Tues 10:00 am 8:00 pm Weds 10:00 am 8:00 pm Thurs 10:00 am 8:00 pm Fri 10:00 am 10:00 pm Sat 10:00 am 10:00 pm Sun 10:00 am 8:00 pm CRA Project Manager shall have the discretion to reduce or increase the number of Vehicle Hours and/or determine the hours of operation based on level of demand as determined by monthly data collection and consideration of holidays or other special events so long as the total Vehicle Hours for each month does not exceed the CRA's annual budget for the Service. Section 10: Levels of Service Reporting A. Circuit shall provide the CRA with monthly reports describing the level of service for each zone. Upon request,Circuit will provide the CRA with weekly level of service reports for each zone. B. Monthly data reports shall include: i. Number of parties on a daily,weekly and monthly basis ii. Number of paying customers iii. Gross/Net revenue collected for fare revenue credits which distinguishes between fare revenue collected for Zone 1 trips and fare revenue collected for Zone 2 trips. iv. Number of vehicles not in operation on a daily,weekly and monthly basis v. Average wait time from request through the mobile app until arrival by assigned driver on a daily,weekly and monthly basis. vi. Average trip duration on a daily,weekly and monthly basis. vii. Pick-up and drop off location for each trip. viii. Average number of passengers per party per trip. ix. Average number of parties per trip. x. Number of passenger complaints received and resolution of the complaints on a daily, weekly and monthly basis. C. Circuit shall present a report to the CRA Board on a quarterly basis summarizing the data provided in the monthly reports,the collected fare revenue, and the advertising revenue generated. D. In the event Circuit does not provide a required report(s), the CRA reserves the right to withhold payment until the required report is received. To the extent that the CRA requires additional information related to the above reporting requirement,Circuit shall provide the information to the CRA. Section 11: Advertisement Sales Circuit shall sell space on the exterior or interior of the vehicles for the display of commercial advertising. Net Advertising Revenue, defined below, that is generated by Circuit in connection with the sales of commercial advertising shall be divided equally between Circuit and the CRA. Net Advertising Revenue means the gross advertising revenue received less all costs and expenses, including, but not limited to 4853-3349-4940,v.6 786 advertisement design,production costs, installation and removal costs and customary commissions paid to media sales representatives, incurred by Circuit in connection with providing the advertisement sales. Circuit shall provide an accounting of all advertising revenue with its Level of Service monthly report as required in Section 9, which shall include the gross revenue, costs and expenses Circuit shall provide to CRA a breakdown of the Net Advertising Revenue each month,which shall include the gross revenue plus costs and expenses incurred in connection with providing advertising sales Section 12. Advertising Guidelines A. In its agreements with its advertising contractors, Circuit shall reserve the right to reject any advertisement,commercial or noncommercial. B. Circuit shall determine the methods, details, and means for performing the Advertising Sales Services, subject to the CRA's consent which shall not be unreasonably withheld. C. All advertising and promotional materials, including, without limitation, any vehicle "wraps" collectively "Advertising")must conform to the following criteria: i. Defamatory Advertisinu. No Advertising will be permitted that falsely disparages any person, product, or company, or that is likely to damage the reputation of any person, product,or company. ii. Advertising Condoning Criminal Conduct.No Advertising will be permitted that is likely to incite or produce imminent unlawful activity. iii. Obscene Advertising. No Advertising shall display any statement, word, character, or illustration of an indecent or obscene nature, as defined by F.S. Chapter 847, as may be amended from time to time. iv. False Advertising.No Advertising shall displace false or misleading information,intended to mislead the public as to anything sold, any services to be performed or information disseminated. v. Tobacco. Firearms. and Cannabis. No Advertising shall display any statement that promotes the sale of tobacco or tobacco products, electronic cigarettes, firearms, or medical marijuana treatment centers or delivery devices in accordance with Florida law. vi. Existing Laws. All Advertising must conform to all applicable federal, state, and local statutes,laws,ordinances,rules and regulations. D. The CRA shall request removal of any advertising, commercial or noncommercial, that does not conform to this policy. Such demand will be in writing and will state reasonable grounds for the request. Circuit will consider and act promptly upon the request in accordance with this policy. Section 13: Ridership Fares A. Circuit shall collect ridership fares for the services,as follows: 4853-3349-4940,v.6 787 i.For rides that begin and terminate within Zone 1: $1.00 for each rider. ii. For rides that begin or terminate in Zone 2:$2:00 for each rider. If the rider is part of a group,$2.00 for the initial rider and$1.00 for each additional rider within the group. B. Circuit shall credit the CRA's monthly invoice for each Zone with 100%of the Net Fare Revenue, defined below,that is generated and collected from ridership fares. C. Net Fare Revenue means all gross ridership revenue that is collected from the passengers for the services less revenue collection costs and expenses, including but not limited to sales taxes or other taxes imposed by law,credit card processing fees and other billing related charging by third parties imposing similar processing charges. Circuit will be responsible for documenting all costs and expenses and related charges associated with the Net Fare Revenue calculations. 4853-3349-4940,v.6 788 Exhibit A-1 Service Area The Circuit Service Area for City of Boynton Beach CRA that is active in the Ride Circuit app and on the Circuit website is as follows: ii. /7 f i KM oi 1 Oceari;Front B •ch Park, IF i Two_Georges ,ieoa _w_ WaterfrontlGrifle EOce: 6 11 i 71 w t i c J CD ALCD 0) a 1/ i. tQ \\.„ f, , s, 1, - I,/ ke) co il,, i Jm Briny Breezes SE 2 a Zone 1: Area shaded blue Zone 2: Area shaded green 4854-7888-5014,v.2 789 Exhibit B: Pricing Schedule u Vh33 S 0ow.rtownl57d53I MAh.a7(t41.h 1on6- 36464, 14cM1,1 44.r66 I 615.165 64..03 Ms,M5 M.M06 13s*7 Month Mo.• Moab 20 35421I 04.Mu 51..0 Mr Mel 6C M 50 0 M 00 1 M M 1•.26 M M0I/, 361 161 161 261 555 111 241 261 161 261 261 266 03/7 I 0560030. 11 1 1 i 1 1 1 0170.0 0 0 Mf.M 1 5 2 1 1 1 13 1 3 311412•6125e110b Now 241.0 261.0 MIA 1610 241-0 261.0 7610 261.0 111.0 161.0 2430 251A 0105.335959701115.n1.13)97(5753090 2430 MMA 2620 162.0 1610 2610 2610 061.0 1610 2610 241.0 26131 1V Van!wow Noun 00 0.0 D.0 0A DA 00 OA 012 OA 00 00 DO 362.5.7.110515 5220 111 t 5110 522.5 5110 5210 5220 521-0 5221 5210 5110 5110 0/OM3nr3.x3w 1 Sari 0 Mn 5 3617 $ 3637 $ 1631 $ RV 3 34,37 S 50.57 $ 043, $ 15.77 0 737 S Stn 0023nn4226000n..e 1051 I 5457 $ 14.17 1 54.57 $ 36.77 4 35.17 $ 1177 $ 0437 3 54.41 5 SW $ 5447 $ 5537 $ 1550 3/1Vwn0Mv11s. 1 - AO 3 . 35 1 AD $ - ID $ - 30 $ ' 3O $ - AD 3 - Al 3 • 35 5 ' .35 3 - 30 5 - 40 5/50MYr.71. 0 )1.17 1 3437 $ 3637 S XVI 3 36.10 $ 3157 $ 731 $ 1430 $ 15.30 $ 3537 3 3637 $ 4537 bol ow 5 MO 3 5633 I 55503 1 400 1 3.w / $155 5 11126 $ 11501 1 5463 1 35353 $ 34.400 $ 55535 M•.., ./Meth 5 LOW 3 2600 1 1000 0 1000 5 1.600 S 0.000 $ 2W 1 L000 S 1000 3 LOW 0 6.03 $ 1.000 I0,.•t.d7.05.w0.Nona 1 0132 5 3132 1 1531 2 5117 0 5177 S 4312 0 4.320 1 1131 t 5162 1 1232 5 6132 2 5 232 Mlo.s.. S 5.330 $ 400 $ 4172 5 1.515 $ 1.550 1 4131 1 3.500 0 4132 3 4232 $ 4232 S 4172 $ 4.135 6MM•37.71135CRA$1 $ Wn $ 11377 5 9090 $ 0.677 1 W77 $ lain $ Wn $ 37.177 5 12177 5 11.10 6 nags $ WTI 3001 v_M,•e__- _. 5.12626 .__.__• lo.n005..5a. wob.4 600030050.04.. -WY.c347 0095.3 01.111,05 *335.0.1 ' bmeN ,My 05.0.4. p~5 meek :Now D10.0.05 P.0.45 .WY el c0eI$7 40.45 15561 4040 1606 4045 04423 KM µy 4$$ .S55A7 4050.__.- 3m 307 _ 10631 5145 15100 3345 540.11 14040 3637 111.40 5333 WO WT 1 -L6F4.31.37 124$ f13f. - -_.._k58. 6•423 131.23 4-10 3.140 667 57.11 7170 YN476•75 15.31 71.73 534047040___7040 _-. 11040110301 7540 365.71 74-10 11330 las ___._... ,,. _. __10031 21-.5 S.123 si.as 135.11 x540 111.Mi 5040 4040 ULU 3.tri 32S.O3l 13045 SMM 245 Om 3aa 1 1 1113 M-16157 771i. 4-r 790 EXHIBIT B z n 5 c O m44 04 n iijIh&tDrNE14thAve tore Dr R„,.r,l 6Dr Nv Ra 0 NE13thAve z SRd 0 NL'!12th Ave fo Z N'WY11thAve y NES1thAve c, Rader Rd It r Martn Luther Jr 6hrd 0 NS'!9th.Ave NE 9th Ave NE 9th Ave m r L- z a INCA'8th AveImam J v NE 8th Ave 4 nM 7 2 NE 7th Ave 6tf AveN NE 6th Ave J ZONE 2 (CITY) a 0 n IZONEI (CRA) I c a CD sift iiir.,m .. Nth'1st Ave Coconut Ln 111 Y ^^ E Ocean Ave Ocean Ridge 6. ;.' 2SW is:Ave SE1stAve `- n' 4” 9i Hudson Ayr Q I...-I 0. SW 2nd Ave .,.L.ti..•r• Q Si N s .,SW 4th Ave N 1 dill 11111114tiSW5thAve r.) o, 5th Ave gerSW5thLnw o(.-., SN16th Ave m Pr m is 4SW7thAvep0 C.'1,SW 8th Avc a m ma ilirliit.) E Harbour Dr,ySN'9th Avc a 41 IlirSW10thAveHarbourDr5 l io 'SW 11th Ave stitia Ln 12th Ave JD SW 12th Ave ra yera Dr v O o o' z':" av N ' 0 c raLWoolDright Rd E ••olbrrght Rd o Main 81.d ifit cn F.,South Blvd a Hersey Dr v. N High Point". = c High Point Blvd SE 20thCt m Z- Mg. ..MIPAIL Iv it M c Fa:m Dr Briny Breezes w SW 23rd Ave y Eagle Dr Iw+r 11 111111 791 EXHIBIT C E Boynton Beach Blvd 1 1•H9- F H I A R1-1i o III 1 All° STOP SIGN STOP SIGN STOP SIGN 24' 0 I 0 / I 0 / ESTOP SIGN Im ® To ® ® TAS 24'-I-20'-20'-I--24'-f-20'-20'-+-24'-4-20' 20.-4-24.--1--20.-1 I I J J L l L__ Isss9' TI —1— 1 1 I 4 Circuit I Z Designated EVm Parking Spaces — I i m ur II I T T T e-` T I . 25' 25' 25' 25' A R1-1 I 1 W/ /,/ W 7 R1-1 T 4-25' -i If 0 R1-1 Q R1-1 0 R1-1 0 STOP SIGN I STOP SIGN STOP SIGN STOP SIGN Q 24 NE 1st Ave Q AlI s. L..I © R1-1_••_••_••_••_••_•._••_.•_•• 7 1 1 STOP SIGN/ I II-20'-4-24'-1-20'—20'-4-24'-+20'-1 I I I I I I 9' 9' 9' i -r-1 r- I 0 24' Q 21iLt'b 792 EXHIBIT D The City shall promote the Services using Promotional Materials provided by the BBCRA, at no cost to the BBCRA, as follows: 1. Within one month of the Effective Date, the City shall: a. Send an email to every member of City staff concerning the availability of the Services; b. Make an announcement concerning the availability of the Services at a City Commission meeting; c. Share Promotional Materials on the City website, which shall remain on the City website for the term of the Agreement; d. Display Promotional Materials on the televisions at City Hall, which shall be displayed at least daily for the term of the Agreement as part of the City's regular rotation of content on such televisions; e. Display Promotional Materials displayed on digital marquees controlled by the City at least once daily for the term of the Agreement; and f. Display Promotional Materials on the digital kiosk(s) at City Hall, which shall be displayed at least daily for the term of the Agreement as part of the City's regular rotation of content on such kiosks. 2. Within three months Effective Date, the City shall: a. Share Promotional Materials at least once in all City newsletters (Sailfish Speaks, Economic Development, Recreation, and Library) and once in Funfare Magazine. In the event the City is not able to waive fees for including these Promotional Materials, the City may seek and is entitled to reimbursement from the BBCRA for the actual costs of including such Promotional Materials so long as the City receives the prior, written permission of the BBCRA to incur such costs; and b. Work with the BBCRA to create and include an insert in the City's utility invoices concerning the availability of the Services. 3. The City shall allow the BBCRA to: a. Install one 4x8 sign at City Hall and Oceanfront Park to market the Services; and b. Provide and display posters or postcards marketing the Services within City facilities, including City Hall, Cultural Center, Senior Center, Hester Center, and the Carolyn Sims Center concerning the Services. 4859-3315-2162,v. 1 793 4901-0918-2992, v. 2 FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR FUNDING AN ON DEMAND TRANSPORTATION SERVICES PILOT PROGRAM. This FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR FUNDING AN ON DEMAND TRANSPORTATION SERVICES PILOT PROGRAM (“First Amendment”) is entered into by and between the CITY OF BOYNTON BEACH, a Florida Municipal Corporation, (“CITY”), and the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, (“CRA”) (individually a “Party” and collectively, the “Parties”). RECITALS WHEREAS,the CRA and Circuit Transit, Inc. (“Contractor”) entered into an agreement (“Circuit Agreement”) for the provision of on-demand transportation services; and WHEREAS, pursuant to an amendment to the Circuit Agreement, the Circuit Agreement may be extended for a period of one year, and may be further extended pursuant to two (2) options to extend for one year; and WHEREAS, the Parties entered into the INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR FUNDING AN ON DEMAND TRANSPORTATION SERVICES PILOT PROGRAM (“Agreement”) on March 5, 2024 to allow the City to provide funding for a portion of such on-demand transportation services; and WHEREAS, the Agreement is set to terminate on March 5, 2025; and WHEREAS, the Parties desire to extend the termination date of the Agreement subject to the terms of this First Amendment. NOW THEREFORE, in consideration of the terms and conditions set forth herein, and for other good and valuable consideration, the receipt and sufficiency of where are hereby acknowledged, the Parties hereby agree to amend the Agreement as follows: 1)Incorporation. The recitals and other information above is hereby incorporated herein as if fully set forth. 794 4901-0918-2992, v. 2 2)Term of the Agreement. The term of the Agreement is hereby extended for an additional one year. 3)Extension. In the event the Circuit Agreement is extended pursuant to an option to extend, this Interlocal Agreement shall be extended by the Mayor of the City, and the Board Chair of the CRA, on behalf of their respective entities. The City Manager and Executive Director are hereby approved and authorized to execute extensions to the Agreement to effectuate this paragraph. 4)Termination. The Agreement shall automatically terminate upon the termination of the Circuit Agreement, or upon the expiration of its term, whichever is earlier. 5)Effective Date of this Amendment. This First Amendment will become effective at the date and time that the last party signs below. 6)Agreement Unmodified. The Parties agree that all terms, conditions, and provisions of the Agreement not expressly amended, modified or deleted by this First Amendment shall continue in full force and effect. 7)Execution. This First Amendment may be executed in any number of counterparts, any one and all of which shall constitute the agreement of the Parties and each of which shall be deemed an original. To the extent of any conflict between the Agreement and this First Amendment, this First Amendment shall control. IN WITNESS OF THE FOREGOING, the parties hereto have caused this First Amendment to be executed on the day and year written below. Approved as to Form:BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY __________________________By: _______________________________ CRA Attorney Ty Penserga, CRA Board Chair Approved as to Form:CITY OF BOYNTON BEACH __________________________By: _______________________________ Office of CITY Attorney Ty Penserga, Mayor 795 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: February 11, 2025 OLD BUSINESS AGENDA ITEM 14.F SUBJECT: Discussion and Consideration of the Second Amendment to the Purchase and Development Agreement and the First Amendment to the Tax Increment Revenue Funding Agreement between the CRA and BB QOZ, LLC for the 115 N. Federal Highway Mixed Use Project (The Pierce) SUMMARY: On J une 7, 2022, the CRA Board approved a Purchase and Development Agreement (PDA), the Tax Increment Revenue Funding Agreement (TIRFA), and the Parking Lease Agreement with BB QOZ, LLC for The Pierce project (see Attachments I-III). In response to litigation, the PDA was subsequently amended to extend certain deadlines (see Attachment IV). BB QOZ, LLC (BB QOZ) has requested additional amendments to the PDA (see Attachments V). The proposed changes would: Remove the requirement that BB QOZ provide the CRA with updates on the process of obtaining financing for the Pierce project upon the CRA’s request. Remove the requirement that BB QOZ provide adequate proof of financial closing prior to the property closing (ownership being transferred from the CRA to BB QOZ). Add a requirement that BB QOZ provide evidence of certain financial information after the property closing (ownership transfer) but no later than the date that would have been the latest possible closing date under the current PDA. The financial evidence would be required to indicated committed financing for the Pierce project, but may show that financing remain subject to certain pre-conditions, such as the condition that the Purchase expend their own capital first. The financial evidence would not require CRA approval. Permit “Pre-Construction activities” to occur only in the right-of-way, without triggering the “Commencement of Construction” obligations and deadlines. Add a provision that the failure to provide the financial information is cause for reverter, and that if BB QOZ brings legal action to halt the reverter but is ultimately unsuccessful, BB QOZ will be required to pay for reasonable CRA attorneys’ fees and costs. Permit Commencement of Construction to occur 72 months from the date of the final land use approvals, plus one 12-month extension. This change removes one requirement that the CRA approve a 12-month extension; however, under the current PDA, extensions cannot be unreasonably withheld. Preserve the outside completion date. 796 •Attachment I - Executed Purchase and Development Agreement •Attachment II - Executed TIRFA •Attachment III - Executed Parking Lease Agreement •Attachment IV - First Amendment to Purchase and Development Agreement •Attachment V - Draft of the Second Amendment to Purchase and Development Agreement Preserve existing public parking until Commencement of Construction. CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: 1. Approve the proposed amendment to the Purchase and Development Agreement between the CRA and BB QOZ, LLC pending final legal review. 2. Do not approve the proposed amendment to the Purchase and Development Agreement between the CRA and BB QOZ, LLC. 3. Other action as determined by the Board upon further discussion. ATTACHMENTS: Description 797 798 799 800 801 802 803 804 805 806 807 808 809 810 811 812 813 814 815 816 817 818 819 820 821 822 823 824 825 826 827 828 829 830 831 832 833 834 835 836 837 838 839 840 841 842 843 844 845 846 847 848 849 850 851 852 853 854 855 856 857 858 Mark 859 860 861 862 863 864 865 866 867 868 869 870 871 872 873 874 875 876 877 878 879 880 881 882 883 884 885 886 887 888 889 890 891 892 893 894 895 896 897 898 899 900 901 902 903 904 905 906 907 908 909 910 911 912 913 914 915 916 917 918 919 920 921 922 923 924 925 926 927 928 929 930 931 932 Mark 933 934 935 936 937 938 939 940 941 942 943 944 945 946 947 948 949 950 951 952 953 954 Mark 955 956 957 958 959 960 961 962 963 964 #450185v10 4935-1812-0470, v. 1 SECOND AMENDMENT TO PURCHASE AND DEVELOPMENT AGREEMENT THIS SECOND AMENDMENT TO PURCHASE AND DEVELOPMENT AGREEMENT (this “Amendment”) is entered into as of ___________ ___, 2025 by and between BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, a public agency created pursuant to Chapter 163, Part III, of the Florida Statutes, with a business address of 100 East Ocean Avenue, 4th Floor, Boynton Beach, Florida 33435 (hereinafter “Seller”) and BB QOZ, LLC, a Florida Limited Liability Company with a business address of 613 NW 3rd Ave., Ste 104, Fort Lauderdale, Florida 33311 (hereinafter “Purchaser”). Seller and Purchaser may be referred to herein individually as “Party” and collectively as the “Parties.” RECITALS: WHEREAS, the Parties entered into that certain Purchase and Development Agreement, dated as of July 8, 2022, as amended by that certain First Amendment to Purchase and Development Agreement, dated as of September ___, 2023 (collectively, the “Agreement”); and WHEREAS, Section 6 of the Agreement provides Purchaser with a time period of 36 months after Purchaser’s receipt of the Land Use Approvals to close on the Property, plus one twelve (12) month extension subject to certain terms and conditions; and WHEREAS, Section 21.5 of the Agreement provides that Commencement of Construction shall occur within two (2) years of the Closing Date; and WHEREAS, in order to facilitate the timely completion of the Project by conducting Preconstruction Work (hereinafter defined), the Purchaser desires to have the option to close prior to the latest permitted Closing Date without shortening any time periods for performance that run from the latest permitted Closing Date; and WHEREAS, the Parties enter into this Amendment to modify and amend the Agreement, all as provided for in this Amendment; and NOW, THEREFORE, in consideration of TEN & NO/100 DOLLARS ($10.00) and other good and valuable considerations, the receipt and sufficiency of which the Parties hereby acknowledge, the Parties agree as follows: 1.Recitals; Capitalized Terms; Conflict. The foregoing Recitals are true and correct and are incorporated herein by this reference, as if set forth in their entirety. Any capitalized term not defined in this Amendment shall have the meaning ascribed to such term in the Agreement. In the event of any conflict between the terms and conditions set forth in this Amendment and those set forth in the Agreement, the terms and conditions of this Amendment shall control. 2.Development Deadlines. The Parties agree as follows: a) The development deadline set forth in Section 21.1 of the Agreement (submission of application to the City for site plan approval) was timely satisfied on September 7, 2022. b) The development deadline set forth in Section 21.3 of the Agreement (submission of construction documents and all necessary applications to the 965 #450185v10 4935-1812-0470, v. 1 City to obtain necessary building permits for the Project) was timely satisfied on October 28, 2024. c) The last sentence of Section 21.4 is hereby deleted in its entirety. d) Section 21.5 is hereby deleted in its entirety and replaced in lieu thereof with the following: “Commencement of Construction shall occur on the earlier of: (a) fourteen (14) days following the issuance of a master building permit to construct the Project; and (b) seventy-two (72) months from the date of land use approvals. PURCHASER may extend the deadline for Commencement of Construction by one (1) period of twelve (12) months, subject to receipt of written approval from SELLER, which approval shall not be unreasonably withheld, conditioned or delayed provided PURCHASER is using good faith efforts and due diligence to achieve Commencement of Construction. “Commencement of Construction” means the date on which all of the following have occurred: (a) a master building permit has been issued for the Project and (b) construction activities have commenced consistent with the master building permit, except that Preconstruction Work (defined below) shall not constitute Commencement of Construction. For purposes of this Agreement, the term “Preconstruction Work” shall mean demolition and utility relocation and/or removal work that takes place only within utility easements and rights-of-way associated with the Property, outside of the Property described in Exhibit “A.” Upon Commencement of Construction, construction activities will continue on a consistent basis to complete construction of the Project. Prior to Commencement of Construction, PURCHASER shall deliver evidence to SELLER of the financial wherewithal of PURCHASER to complete construction of the Project (the “Financial Evidence”), which, by way of example, may be evidenced by an executed term sheet with a financial institution or accredited investor confirming its commitment to fund subject to typical funding terms and preconditions, such as the obligation to fund PURCHASER capital prior to lender funding. Financial Evidence shall indicate that all required conditions and preconditions for the commencement of funding have been satisfied (as determined by the Lender and PURCHASER), other than the obligation to fund PURCHASER capital prior to lender funding and other than typical preconditions which, by their nature, shall be satisfied during the period of time that PURCHASER capital is being funded. If Commencement of Construction occurs prior to PURCHASER delivering the Financial Evidence to SELLER, then SELLER shall have the right to exercise its right of reverter, subject to the notice and cure period set forth in Section 22.1 hereof. SELLER shall not unreasonably object to the Financial Evidence. 3.Parking. Until the Commencement of Construction, the public shall have continued use of all public parking that is currently available at the Property. 4.Cost of Preconstruction Work. The fourth (4th) sentence of Section 22.1 of the Agreement is hereby amended to include the underlined language: “In the event the SELLER exercises its right of reverter, SELLER shall pay to PURCHASER: (i) the Purchase Price of the Property as set forth in Section 2 of this Agreement; and (ii) the amount of all verifiable out-of-pocket predevelopment and development costs (but not including costs of the Preconstruction Work) incurred by PURCHASER between the first Land Use Approval and the time of 966 #450185v10 4935-1812-0470, v. 1 default in connection with the Project, which shall be evidenced by bank statements, invoices and other documentation reasonably requested by SELLER, to the extent that the costs associated with those improvements have not been recaptured by the PURCHASER. If SELLER exercises its right of reverter and PURCHASER commences a legal action challenging the right of reverter and loses such challenge (as determined by a final, non-appealable judgment from a court of competent jurisdiction), PURCHASER shall pay the reasonable out-of-pocket legal costs incurred by SELLER in defending such legal action. 5.Outside Date Unchanged. Notwithstanding anything to the contrary set forth in this Amendment, the outside date for Completion of Construction set forth in the last sentence of Section 21.7 of the Agreement shall remain unchanged. 6.Counterparts; Facsimile. This Amendment may be executed in one or more counterparts and each executed counterpart shall, for all purposes, be deemed an original and shall have the same force and effect as an original, all of which counterparts together shall constitute in the aggregate but one of the same instrument. The parties may rely on signatures transmitted via facsimile or electronic mail. This Amendment shall become effective upon execution by all parties hereto. 7.Ratification. Except as specifically modified as set forth in this Amendment, the Agreement is ratified and confirmed as written and remains in full force and effect without modification. [signatures appear on following page] 967 #450185v10 4935-1812-0470, v. 1 IN WITNESS WHEREOF, the Parties have each executed and delivered this Amendment as of the date set forth above. PURCHASER: BB QOZ, LLC SELLER: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY ________________________________________________________________________ Printed Name: _______________________Printed Name: _________________________ Title: ______________________________Title: Chair Date: ______________________________Date: ________________________________ WITNESS: ___________________________________ Printed Name: _______________________ WITNESS: _____________________________________ Printed Name: _________________________ Approved as to form and legal sufficiency: _________________________________ CRA Attorney 968 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: February 11, 2025 OLD BUSINESS AGENDA ITEM 14.G SUBJECT: Continued Discussion and Consideration of MLK Jr. Boulevard Corridor Mixed Use Project Update (d/b/a Heart of Boynton Shops) SUMMARY: The MLK Jr. Boulevard Corridor Commercial Redevelopment and Affordable Multi-Family Rental Apartment Project provides 124 affordable multi-family rental units, as well as, 8,250 square feet of leasable commercial space (Attachments I-III). Heart of Boynton Shops - Commercial Update: Unit 101/102 Draft lease in place for an urgent care/primary care clinic. Unit 102 withdrew their lease and grant applications on 1/22/2025 due to ongoing delays in construction and increase in construction costs. Unit 103 in final permit review cycle. Unit 104 Permit approved in June 2024 and waiting on CMC to submit subcontractors for permit issuance. Unit 105 Construction contract in place, Pre-Construction Meeting scheduled for 2/5/2025 and waiting on CMC to submit subcontractors for permit issuance. Unit 106 Permits issued on 2/4/2025 and Pre-Construction Meeting scheduled for 2/5/2025. Unit 107 Permits issued on 2/4/2025 and Pre-Construction Meeting scheduled for 2/5/2025. Unit 108 Construction contract in place, Pre-Construction Meeting scheduled for 2/5/2025 and waiting on CMC to submit subcontractors for permit issuance. CRA Staff continue to have weekly coordination meetings with CMC. FISCAL IMPACT: Fiscal Year 2021-2022 Budget; Project Fund Line Item 02-58200-406 - Local Government Match Contribution $625,750 and Commercial/Retail Component $2,025,815 (commercial component); TIRFA $1,630,280 and $433,008.45 Second Development Agreement for the Residential Component. CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach CRA Community Redevelopment Plan 969 •Attachment I - MLK Jr Blvd Project Site Plan - North •Attachment II - MLK Jr Blvd Project Site Plan - South •Attachment III - MLK Jr. Blvd. Mixed Use Development Project Renderings CRA BOARD OPTIONS: To be determined based on Board discussion. ATTACHMENTS: Description 970 74-2018 "IT IS A VIOLATION OF THE LAW FOR ANY PERSON, UNLESS ACTING UNDER THE DIRECTION OF A LICENSED ARCHITECT TO ALTER THESE PLANS AND SPECIFICATIONS." THIS DOCUMENT CONTAINS PROPERTY INFORMATION AND SHALL NOT BE USED OR REPRODUCED, OR ITS CONTENTS DISCLOSED, IN WHOLE OR IN PART, WITHOUT THE PRIOR WRITTEN CONSENT OF GALLO HERBERT ARCHITECTSCONTRACTOR(S) SHALL VERIFY EXISTING CONDITIONS AND CORRELATE DIMENSIONS PRIOR TO PROVIDING THE WORK DETAILED IN THESE DRAWINGS, AND SHALL PROMPTLY NOTIFY THE DESIGNER OF ANY DISCREPANCIES.SCALE DATE DRAWN BY CHECKED BY No.Description Date1311 W NEWPORT CENTER DRIVE DEERFIELD BEACH, FLORIDA 33442PH. 954.794.0300 FX. 954.794.0301DRAWING TITLE DRAWING NUMBER OWNER PROJECT REVISIONS PROJECT NUMBER SEAL PROJECT STATUS AA26001731COPYRIGHT 2018 GALLO HERBERTARCHITECTS1 2 3 4 5 6 E D C B A 1 2 3 4 5 6 E D C B A AS SHOWN BPHCMR 2020-06-09 DESIGN DEVELOPMENT □ WILLIAM J. GALLO FL AR0008440 □ BRIAN P. HERBERT FL AR0015474 WELLS LANDING BOYNTON BEACH, FL 33435 1' = 20'-0"0 10'20'40'A-1 ARCHITECTURAL SITE PLAN ARCHITECTURAL SITE PLAN AS-101 NOT TO SCALEA-3 KEY PLAN AS-101 1 NORTH PARCEL SOUTH PARCEL CL CL 1/16" = 1'-0"0 8'16'32'A-2 TURNING RADIUS DETAIL EAST MARTIN LUTHER KING JR. BLVD. NE 11th AVENUE 7 8 11 COMMERCIAL 4,294 SF 6 COMMERCIAL 4,236 SF 9 8 10 10 COVERED BIKES RACKS SEE DETAIL D4/AS-102 3 3 FH 5 5 6'-0" PRECAST CONCRETE WALL SEE DETAIL D1/AS-101 E.V.CHARGING STATIONS (5) FFE 16.5 FFE 16.5 15.04 14.75 14.33 14.19 BENCHS NOT TO SCALED1PRE-CAST SITE WALL DETAIL PRE CAST CONCRETE CAP PRE CAST CONCRETE CAP PRE CAST CONCRETE CAP PRE CAST CONCRETE CAP PRE CAST CONCRETE WALL COLUMN FOOTING COLUMN FOOTING BOLARD SEE DETAIL A1/AS-102 1 DART COMMENTS 09-10-2020 1 1 2 1 1 2 1 1 2 1 1- SITE PLAN SHALL MEET CPTD DESIGN STANDARDS 2- BUILDING TO BE FULLY SPRINKLERED NOTES: 3- ALL PORTION OF BLDG AREA WITH 450 OF F.D. ACCESS PER NFPA 1-18.2.3.2.2 STREET SPACE SHALL BE PROVIDED PER SECTION 18.2(a) THROUGH (c) OFF THE REQUIRED PROJECT IMPROVEMENTS AND SHALL BE DETAILED AS SUCH IN PERMIT PLAN 1 OUTDOOR SEATING AREA 846 SF OUTDOOR SEATING AREA 846 SF PUBLIC EVENT PLAZA 2,090 SF TRASH AREA2 2 2 2 2 2 2 DART COMMENTS 09-21-2020 NORTH 2 2 6'-0" PRECAST CONCRETE WALL SEE DETAIL D1/AS-101 6'-0" PRECAST CONCRETE WALL SEE DETAIL D1/AS-101 2 EAST MARTIN LUTHER KING JR. BLVD.WELLS LANDINGNORTHBUILDING2% SLOPE FFE 16.5 FFE 15.0 1/8" = 1'-0"0 4'8'16'D2 STREET - PLAZA SECTION A A A 1 3 DART COMMENTS 10-08-2020 3 3 3 3 971 0-0" TOP SLAB 16-3" SECOND FLOOR 27-6" THIRD FLOOR 38-9" ROOF TOP 44-10" 0-0" TOP SLAB 16-3" SECOND FLOOR 27-6" THIRD FLOOR 44-10" 38-9" ROOF TOP 0-0" TOP SLAB 16-3" SECOND FLOOR 27-6" THIRD FLOOR 44-10" 0-0" TOP SLAB 16-3" SECOND FLOOR 27-6" THIRD FLOOR 44-10" 0-0" TOP SLAB 16-3" SECOND FLOOR 27-6" THIRD FLOOR 44-10" 38-9" ROOF TOP 38-9" ROOF TOP 38-9" ROOF TOP 74-2018 "IT IS A VIOLATION OF THE LAW FOR ANY PERSON, UNLESS ACTING UNDER THE DIRECTION OF A LICENSED ARCHITECT TO ALTER THESE PLANS AND SPECIFICATIONS." THIS DOCUMENT CONTAINS PROPERTY INFORMATION AND SHALL NOT BE USED OR REPRODUCED, OR ITS CONTENTS DISCLOSED, IN WHOLE OR IN PART, WITHOUT THE PRIOR WRITTEN CONSENT OF GALLO HERBERT ARCHITECTSCONTRACTOR(S) SHALL VERIFY EXISTING CONDITIONS AND CORRELATE DIMENSIONS PRIOR TO PROVIDING THE WORK DETAILED IN THESE DRAWINGS, AND SHALL PROMPTLY NOTIFY THE DESIGNER OF ANY DISCREPANCIES.SCALE DATE DRAWN BY CHECKED BY No.Description Date1311 W NEWPORT CENTER DRIVE DEERFIELD BEACH, FLORIDA 33442PH. 954.794.0300 FX. 954.794.0301DRAWING TITLE DRAWING NUMBER OWNER PROJECT REVISIONS PROJECT NUMBER SEAL PROJECT STATUS AA26001731COPYRIGHT 2018 GALLO HERBERTARCHITECTS1 2 3 4 5 6 E D C B A 1 2 3 4 5 6 E D C B A AS SHOWN BPHCMR 2020-06-09 DESIGN DEVELOPMENT □ WILLIAM J. GALLO FL AR0008440 □ BRIAN P. HERBERT FL AR0015474 WELLS LANDING BOYNTON BEACH, FL 33435 ELEVATION PLAN A-201 3/32" = 1'-0"0 8'16'24'A-1 SOUTH ELEVATION 3/32" = 1'-0"0 8'16'24'A-2 NORTH ELEVATION 3/32" = 1'-0"0 8'16'24'A-3 WEST ELEVATION 3/32" = 1'-0"0 8'16'24'A-4 EAST ELEVATION 3/32" = 1'-0"0 8'16'24'A-5 CENTRAL - PLAZA WEST ELEVATION 3/32" = 1'-0"0 8'16'24'A-6 CENTRAL - PLAZA EAST ELEVATION ROOF TOP EQUIPMENT ROOF TOP EQUIPMENT ROOF TOP EQUIPMENT ROOF TOP EQUIPMENT ROOF TOP EQUIPMENT ROOF TOP EQUIPMENT 1 DART COMMENTS 09-10-2020 1 1 1 1 11 1111 2 DART COMMENTS 09-21-2020 NORTH 2 3 DART COMMENTS 10-08-2020 3 3 3 3 972 74-2018 "IT IS A VIOLATION OF THE LAW FOR ANY PERSON, UNLESS ACTING UNDER THE DIRECTION OF A LICENSED ARCHITECT TO ALTER THESE PLANS AND SPECIFICATIONS." THIS DOCUMENT CONTAINS PROPERTY INFORMATION AND SHALL NOT BE USED OR REPRODUCED, OR ITS CONTENTS DISCLOSED, IN WHOLE OR IN PART, WITHOUT THE PRIOR WRITTEN CONSENT OF GALLO HERBERT ARCHITECTSCONTRACTOR(S) SHALL VERIFY EXISTING CONDITIONS AND CORRELATE DIMENSIONS PRIOR TO PROVIDING THE WORK DETAILED IN THESE DRAWINGS, AND SHALL PROMPTLY NOTIFY THE DESIGNER OF ANY DISCREPANCIES.SCALE DATE DRAWN BY CHECKED BY No.Description Date1311 W NEWPORT CENTER DRIVE DEERFIELD BEACH, FLORIDA 33442PH. 954.794.0300 FX. 954.794.0301DRAWING TITLE DRAWING NUMBER OWNER PROJECT REVISIONS PROJECT NUMBER SEAL PROJECT STATUS AA26001731COPYRIGHT 2018 GALLO HERBERTARCHITECTS1 2 3 4 5 6 E D C B A 1 2 3 4 5 6 E D C B A AS SHOWN BPHCMR 2020-06-09 DESIGN DEVELOPMENT □ WILLIAM J. GALLO FL AR0008440 □ BRIAN P. HERBERT FL AR0015474 WELLS LANDING BOYNTON BEACH, FL 33435 COLOR ELEVATION PLANS A-202 NOT TO SCALEA-1 SOUTH ELEVATION NOT TO SCALEA-2 NORTH ELEVATION NOT TO SCALEA-3 WEST ELEVATION NOT TO SCALEA-4 EAST ELEVATION 1 DART COMMENTS 09-10-2020 1 01 02 03 04 05 06 07 A-5 MATERIAL & COLOR LEGENDS A-6 MATERIAL NOTES STANDING SEAM METAL ROOF. ON THE ROCKS (SW7671) BY SHERWIN WILLIAMS OR SIMILAR 1.ALL ROOF DRAINS: ALL INTERNAL AND DOWNSPOUTS OR RAIN WATER LEADERS WILL BE CONCEALED IN ARCHITECTURAL ELEMENTS. 2.ALL EQUIPMENT OTHER THAN FIRE APARATUS SHALL BE PAINTED TO MATCH BUILDING COLORS CONCRETE PANEL SCORED STUCCO & STUCCO: SPARE WHITE (SW6203) BY SHERWIN WILLIAMS OR SIMILAR PAINT ON STUCCO: TOPIARY TINT (SW6449) BY SHERWIN WILLIAMS OR SIMILAR PAINT ON STUCCO: BLUEBELL (SW6793) BY SHERWIN WILLIAMS OR SIMILAR PAINT ON STUCCO: PINEAPPLE CREAM (SW1668) BY SHERWIN WILLIAMS OR SIMILAR PAINT: GREEK VILLA (SW7551) BY SHERWIN WILLIAMS OR SIMILAR 2 DART COMMENTS 09-21-2020 NORTH 2 01 01 01 01 01 01 01 01 01 01 01 01 01 0202 02 02 02 02 0202 03 03 03 03 03 03 03 03 0303 03 0303 03 03 03 03 04040404 04 04 04 04 04 0404 04 0505 05 05 0505 05 05 0606 06 06 0606 06 07 0707 07 07 07 07 07 07 07 0707 2 2 2 03 03 973 74-2018 "IT IS A VIOLATION OF THE LAW FOR ANY PERSON, UNLESS ACTING UNDER THE DIRECTION OF A LICENSED ARCHITECT TO ALTER THESE PLANS AND SPECIFICATIONS." THIS DOCUMENT CONTAINS PROPERTY INFORMATION AND SHALL NOT BE USED OR REPRODUCED, OR ITS CONTENTS DISCLOSED, IN WHOLE OR IN PART, WITHOUT THE PRIOR WRITTEN CONSENT OF GALLO HERBERT ARCHITECTSCONTRACTOR(S) SHALL VERIFY EXISTING CONDITIONS AND CORRELATE DIMENSIONS PRIOR TO PROVIDING THE WORK DETAILED IN THESE DRAWINGS, AND SHALL PROMPTLY NOTIFY THE DESIGNER OF ANY DISCREPANCIES.SCALE DATE DRAWN BY CHECKED BY No.Description Date1311 W NEWPORT CENTER DRIVE DEERFIELD BEACH, FLORIDA 33442PH. 954.794.0300 FX. 954.794.0301DRAWING TITLE DRAWING NUMBER OWNER PROJECT REVISIONS PROJECT NUMBER SEAL PROJECT STATUS AA26001731COPYRIGHT 2018 GALLO HERBERTARCHITECTS1 2 3 4 5 6 E D C B A 1 2 3 4 5 6 E D C B A AS SHOWN BPHCMR 2020-06-09 DESIGN DEVELOPMENT □ WILLIAM J. GALLO FL AR0008440 □ BRIAN P. HERBERT FL AR0015474 WELLS LANDING BOYNTON BEACH, FL 33435 FIRST AND SECOND FLOOR PLAN A-101 1/8" = 1'-0"0 4'8'16'A-1 FIRST FLOOR PLAN 1/8" = 1'-0"0 4'8'16'A-2 SECOND FLOOR PLAN 1 BEDROOM UNIT TYPE "A" 1 BEDROOM UNIT TYPE "A" 1 BEDROOM UNIT TYPE "A" 1 BEDROOM UNIT TYPE "A" 1 BEDROOM UNIT TYPE "C" 2 BEDROOMs UNIT TYPE "A" 1 BEDROOM UNIT TYPE "B" 1 BEDROOM UNIT TYPE "B" 1 BEDROOM UNIT TYPE "B" 1 BEDROOM UNIT TYPE "B" OPEN COVERED PLAZA COMMERCIAL #1 COMMERCIAL #2 COMMERCIAL #3 COMMERCIAL #4 COMMERCIAL #5 COMMERCIAL #6 COMMERCIAL #7 COMMERCIAL #8 LOBBY COMMON TRASH ROOM 1 BEDROOM UNIT TYPE "C" 2 BEDROOMs UNIT TYPE "A" 2 DART COMMENTS 09-21-2020 NORTH 2 333 3 3 3 3 DART COMMENTS 10-08-2020 974 74-2018 "IT IS A VIOLATION OF THE LAW FOR ANY PERSON, UNLESS ACTING UNDER THE DIRECTION OF A LICENSED ARCHITECT TO ALTER THESE PLANS AND SPECIFICATIONS." THIS DOCUMENT CONTAINS PROPERTY INFORMATION AND SHALL NOT BE USED OR REPRODUCED, OR ITS CONTENTS DISCLOSED, IN WHOLE OR IN PART, WITHOUT THE PRIOR WRITTEN CONSENT OF GALLO HERBERT ARCHITECTSCONTRACTOR(S) SHALL VERIFY EXISTING CONDITIONS AND CORRELATE DIMENSIONS PRIOR TO PROVIDING THE WORK DETAILED IN THESE DRAWINGS, AND SHALL PROMPTLY NOTIFY THE DESIGNER OF ANY DISCREPANCIES.SCALE DATE DRAWN BY CHECKED BY No.Description Date1311 W NEWPORT CENTER DRIVE DEERFIELD BEACH, FLORIDA 33442PH. 954.794.0300 FX. 954.794.0301DRAWING TITLE DRAWING NUMBER OWNER PROJECT REVISIONS PROJECT NUMBER SEAL PROJECT STATUS AA26001731COPYRIGHT 2018 GALLO HERBERTARCHITECTS1 2 3 4 5 6 E D C B A 1 2 3 4 5 6 E D C B A AS SHOWN BPHCMR 2020-06-09 DESIGN DEVELOPMENT □ WILLIAM J. GALLO FL AR0008440 □ BRIAN P. HERBERT FL AR0015474 WELLS LANDING BOYNTON BEACH, FL 33435 THIRD FLOOR PLAN A-102 1/8" = 1'-0"0 4'8'16'A-1 THIRD FLOOR PLAN 1 BEDROOM UNIT TYPE "A" 1 BEDROOM UNIT TYPE "A" 1 BEDROOM UNIT TYPE "A" 1 BEDROOM UNIT TYPE "A" 1 BEDROOM UNIT TYPE "B" 1 BEDROOM UNIT TYPE "B" 1 BEDROOM UNIT TYPE "B" 1 BEDROOM UNIT TYPE "B" 1 BEDROOM UNIT TYPE "C" 2 BEDROOMs UNIT TYPE "A" 1 BEDROOM UNIT TYPE "C" 2 BEDROOMs UNIT TYPE "A" 2 DART COMMENTS 09-21-2020 NORTH 2 975 EAST MARTIN LUTHER KING JR. BLVD. NE 9th AVENUE NE 11th AVENUE 14 13 ZONE DISTRICT: C-2 Gross Land: 55,183 (s.f.) Net Land: 1.27 acres Water Bodies: 0 LANDSCAPE LEGEND - COMMERCIAL (NORTH) REQ.PROV. TOTAL NUMBER OF TREES (ALL PALMS IN 3:1 RATIO) 292 Note: All pervious areas must be landscaped with lawn, groundcover, and/or shrubbery. STREET TREES (South - East MLK Blvd.): 300 l.f. (1 tree / 20 l.f.)15 TOTAL NUMBER OF SHRUBS, GROUNDCOVERS 60 1,363 63 15 PERIMETER BUFFER Requirements: North (Single Family) (1) 14' ht. tree for every 20 l.f. (1) 36" ht. shrub for every 3 l.f. PERIMETER BUFFER Requirements: West (Single Family) (1) 14' ht. tree for every 20 l.f. (1) 36" ht. shrub for every 3 l.f. PERIMETER BUFFER Requirements: East (Single Family) (1) 14' ht. tree for every 20 l.f. (1) 36" ht. shrub for every 3 l.f. 15 98 (295 L.F.) 15 (295 L.F.) 15 96 (287 L.F.) 15 (287 L.F.) * IRRIGATION SHALL BE PROVIDED AT TIME OF PERMIT * ALL PARKING ISLANDS SHALL BE LANDSCAPED WITH GROUNDCOVER MATERIAL 103 117 15 98 (295 L.F.) 15 (295 L.F.) 133 155% OF SHRUBS SHALL BE BUTTERFLY-ATTRACTIVE 219 DESCRIPTIONQUAN.SYMBOL PROPOSED MATERIAL SHRUBS AND GROUNDCOVERS DESCRIPTIONQUAN.SYMBOL PROPOSED MATERIAL TREES LANDSCAPE LIST - NORTH PARCEL ST. AUGUSTINE GRASS Stenotaphrum secundatum 'Floratam'SOLID EVEN SODLAWNAs Required 12 14' HT. X 6' SPR. 4" DBH. F.G. 10 31 3 F.G., "CHARACTER" SPECIMENGUMBO LIMBO *Bursera simaruba 14' HT. X 6' SPR. 4" DBH. 14' HT. X 6' SPR. 4" DBH.*Coccoloba diversiflora PIGEON PLUM F.G. Tabebuia heterophylla PINK TRUMPET TREE 10' HT. X 5 SPR., 2" DBH. F.G. 27CV 172DE 635FM 347IT 154JV 167MC 435PM Codieaum variegatum 'Mammey' RED - YELLOW CROTON 3 GAL. 18" HT. X 18" SPR. / 18" O.C. 3 GAL. 18" HT. X 18" SPR. / 18" O.C. Duranta erecta 'Gold Mound' GOLD MOUND DURANTA Ficus microcarpa 'Green Island' GREEN ISLAND FICUS 3 GAL. 15" HT. X 15" SPR. / 18" O.C. DWARF IXORA Ixora taiwanese 'Dwarf'18" HT. X 18" SPR. / 18" O.C. 3 GAL. * DENOTES NATIVE SPECIES 24" HT. X 24" SPR. / 24" O.C.Jasmine volubile WAX JASMINE 3 GAL. 3 GAL. 24" HT. X 24" SPR. / 30" O.C. *Muhlenbergia capillaris PINK MUHLY GRASS 7 GAL. 36" HT. X 24" SPR. / 24" O.C. Podocarpus macrophyllus PODOCARPUS [BUTTERFLY ATTRACTIVE] LIVE OAK "HIGH RISE" *Quercus virginiana 'High Rise' 6 5 F.G., TOPIARY 12'-14' O.A. HT.Elaeocarpus decipiens JAPANESE BLUEBERRY 32AC 15HP Asclepias curassavica MILKWEED 3 GAL. 24" HT. X 24" SPR. / 24" O.C. [BUTTERFLY ATTRACTIVE] [BUTTERFLY ATTRACTIVE] 24" HT. X 24" SPR. / 24" O.C.Hamelia patens 'compact' DWARF FIREBUSH 3 GAL. Ptychosperma elegans 'single'20' O.A. HT., SINGLE F.G.SINGLE ALEXANDER PALMS 14CG2 *Clusia guttifera SMALL LEAF CLUSIA 7 GAL. 36" HT. X 24" SPR. / 24" O.C. NORTHSHEET INDEX: L-1 INDEX L-2 LANDSCAPE PLAN L-3 LANDSCAPE DETAILS Scale: 1" = 40'-0" KEY PLAN Drawing: Index Date: 06/17/2020 Scale: See Left Drawn by: LDC Sheet No.: L-1 Cad Id.: 2020-021WELLS LANDING - NORTHBOYNTON BEACH, FLINDEX09.24.20201) DART Comments / Site Plan LDC Seal: Lic. # LA0000889 Member: A.S.L.A.Project:Revisions:By:Date:307 south 21st avenue hollywood, floridaphone: 954.923.9681 facsimile: 954.923.9689www.witkindesign.com©2020 WITKIN HULTS + PARTNERS THE DESIGN AND DRAWINGS HEREIN ARE THE INTELLECTUAL PROPERTY OF THIS LANDSCAPE ARCHITECT AND ARE PROTECTED UNDER THE COPYRIGHT PROTECTION ACTL-2 SEE SOUTH PARCEL LANDSCAPE PLANS FOR LANDSCAPE IN THIS AREA IRRIGATION NOTE: 100% IRRIGATION COVERAGE WILL BE PROVIDED AT TIME OF PERMITTING SABAL PALMS (IF APPLICABLE) ARE TO BE INSTALLED WITH FRONDS CUT AT 10-2, NOT HURRICANE CUT ALL PALMS OVER 12' C.T. SHALL HAVE SQUARE ROOTBALLS AND 4"x4" BRACES ALL PALMS OVER 12' C.T. SHALL HAVE SQUARE ROOTBALLS AND 4"x4" BRACES ALL TREES AND PALMS SHALL BE FLORIDA GRADE 1 AT TIME OF PLANTING. ANY PRUNING SHALL BE DETERMINED BY THE LANDSCAPE ARCHITECT AND/OR AN ARBORIST FIRE DEPARTMENT ACCESS ROADS SHALL HAVE AN UNOBSTRUCTED VERTICAL CLEARANCE OF NOT LESS THAN 14' NFPA IF APPLICABLE, SAFETY CAPS SHALL BE INSTALLED ON ALL #5 REBAR USED FOR TREE BRACING 1 1 1 976 EAST MARTIN LUTHER KING JR. BLVD.20'-0" O.C.,TYP.LAWN NE 11th AVENUE LAWNLAWNDOUBLE ROW DOUBLE ROW DOUBLE ROW DOUBLE ROW DOUBLE ROW DOUBLE ROW COMMERCIAL COMMERCIAL 13 LAWNLAWNDOUBLE ROW DOUBLE ROW LAWN2'-0" PARKING OVERHANG, TYP. 20'-0" O.C., TYP.20'-0" O.C.,TYP.2'-0" PARKING OVERHANG, TYP.20'-0" O.C.,TYP.LAWN FM 53 IT 32 CV 3 FM 55 FM 53 IT 75 CV 3 MC 10 HP 15 FM 55 CG2 14 FM 50 IT 50 CV 3 MC 10 FM 30 IT 8 CV 3 MC 5 IT 62 CV 3 MC 12 FM 72 FM 40 IT 60 CV 3 MC 20 FM 50 IT 20 CV 3 MC 7 20'-0" O.C., TYP. DE 27 FM 25 EXISTING TREE TO REMAIN, TYP. (SEE NORTH PARCEL DISPOSITION PLANS FOR DETAILS)15'-0"15'-0"15'-0"15'-0" SIGHT-TRIANGLE, TYP. (ANY LANDSCAPE WITHIN SHALL BE MAINTAINED AT 18" HT. MAX.)15'-0"15'-0"15'-0"15'-0" MC 8 IT 40 PM 24 SEE "LARGE TREE PLANTING DETAIL" ON SHEET L-3 FOR BRACING DETAILS LAWN FM 67 CV 3 DE 80 MC 20 JV 62 PM 252 FM 60 CV 3 DE 65 MC 15 JV 92 PM 159 DOUBLE ROWDOUBLE ROW FM 25 MC 60 5 BEDS 5 BEDS AC 32 SEE "LARGE TREE PLANTING LAWN NORTH Scale: 1" = 20'-0" LANDSCAPE PLAN Drawing: Landscape Plan Date: 06/17/2020 Scale: See Left Drawn by: LDC Sheet No.: L-2 Cad Id.: 2020-021WELLS LANDING - NORTHBOYNTON BEACH, FLLANDSCAPE PLANSeal: Lic. # LA0000889 Member: A.S.L.A.Project:Revisions:By:Date:307 south 21st avenue hollywood, floridaphone: 954.923.9681 facsimile: 954.923.9689www.witkindesign.com©2020 WITKIN HULTS + PARTNERS THE DESIGN AND DRAWINGS HEREIN ARE THE INTELLECTUAL PROPERTY OF THIS LANDSCAPE ARCHITECT AND ARE PROTECTED UNDER THE COPYRIGHT PROTECTION ACT SEE SOUTH PARCEL LANDSCAPE PLANS 09.24.20201) DART Comments / Site Plan LDC 1 977 Know what'sR978 74-2018No.DescriptionDateAA26001731123456EDCBA123456EDCBAAS SHOWNBPHCMR2020-06-09DESIGN DEVELOPMENTƑ WILLIAM J. GALLO FL AR0008440Ƒ BRIAN P. HERBERT FL AR0015474MARTIN LUTHERKINGCOMMUNITYNORTHBOYNTON BEACH, FL 33435PRIOR TO SUBMITTING THE BID, THE CONTRACTOR SHALL FIELD VERIFY ALL EXISTING CONDITIONS AND INFORM THE ARCHITECT ANDTHE ENGINEER OF ANY DISCREPANCY BETWEEN THESE DOCUMENTS AND THE EXISTING CONDITIONS AND SHALL INCLUDE IN THE BID TOCORRECT THE SAME AS DIRECTED. THE ENGINEERS ARE NOT RESPONSIBLE FOR ANY ADDITIONAL COSTS RESULTING FROM VERIFIABLEEXISTING CONDITIONS DISCOVERED AFTER CONTRACT HAS BEEN AWARDED. NO CHANGES SHALL BE MADE TO THESE PLANS WITHOUTPRIOR APPROVAL FROM THE ENGINEER OF RECORD. ALL CHANGES SHALL BE SUBMITTED FOR REVIEW PRIOR TO INSTALLATION. NOT FOR BID UNTIL PERMIT HAS BEEN ISSUED.3601 NW 2ND AVEBOCA RATON, FL 33431CERTIFICATION OFAUTHORIZATIONNO. 31989elec dept.TEL:954-644-9612mech dept.TEL:561-716-7120PM:SK1DART COMMENTS2020-09-09SITE PHOTOMETRICSPLANNORTHEPH-101N1' = 20'-0"010'20'40'Luminaire ScheduleSymbolQtyLabelArrangementLLFDescription4WSINGLE0.900Cree Lighting OSQ-A-XX-4ME-B-30K-UL-XX / OSQ-BLSMF / Wall Mount10SASINGLE0.900Cree Lighting OSQ-A-XX-4ME-B-30K-UL-XX / OSQ-BLSMFCalculation SummaryLabelCalcTypeUnitsAvgMaxMinAvg/MinMax/MinParking LotIlluminanceFc2.555.01.02.555.00SpillIlluminanceFc0.040.30.0N.A.N.A.979 74-2018NTRACTOR(S) SHALL VERIFY EXISTING CONDITIONS AND CORRELATE DIMENSIONS PRIOR TO PROVIDING THE WORK DETAILED IN THESE DRAWINGS, AND SHALL PROMPTLY NOTIFY THE DESIGNER OF ANY DISCREPANCIES.No.Description Date 1311 W NEWPORT CENTER DRIVE DEERFIELD BEACH, FLORIDA 33442 PH. 954.794.0300 FX. 954.794.0301AA26001731 COPYRIGHT 2018 GALLO HERBERTARCHITECTS1 23456EDCBAEDCBAAS SHOWNBPHCMR2020-06-09DESIGN DEVELOPMENT□ WILLIAM J. GALLO FL AR0008440□ BRIAN P. HERBERT FL AR0015474WELLS LANDINGBOYNTON BEACH, FL 334351' = 20'-0"010' 20'40'ARCHITECTURALSITE PLANSOUTH PARCELAS-101NE 9th AVENUEENENOT TO SCALESOUTH WESTUTESWWBUILDINGBINNNLOADINGTRASH CHUTEAS-101 1SOUTH PARCELSSSOUTH EASTSOH ESSBUILDINGILDGA-101 1A-103 1LOADINGTRASH CHUTE6910393668810TRASHASASROOMMMMOMOMOOMRMOMMROOMOMMROOROOOOOOOOMROOMROOMTRASHHHSHSHSHHHSSHSHSHSSSSSSSROOMROOOROOROOOOASINGLEAFITNEESS710710998888810COMMONCCCCCCCCCCCCCCCCCCCCCCCCCNNNNNNNNNNNOO1091- SITE PLAN SHALL MEET CPTDDESIGN STANDARDS2- BUILDING TO BE FULLY SPRINKLERED3- DEVELOPER TO EXPLORE CROSSACCES EASEMENT W/ CVS SITENOTES:Note # 3FHFHFHFH1/16" = 1'-0"0 8' 16' 32'E.V..VCHARGINGCHGINSTATIONS (5)TATNS BENCHSNCNOT TO SCALE11116'-0" PRECAST'-0RECTCONCRETE WALLCOCRWTECAS6'-0" PRE6'PRTSALLTEWACONCRETCCE WLS-101A3/ASEE DETAIL ADEAL AS-ASCLCCCLCCPRE CASTCONCRETE CAPPRE CASTCONCRETECAPPRE CASTCONCRETE CAPPRE CASTCONCRETEWALLCOLUMNFOOTINGCOLUMNFOOTING15.0414.7514.3314.19114.12FFE 16.5FFE 16.5FFE 16.5E 16.5FFEFFE 16.50ECHARGINGCRGGGGSTATIONSSIO1BOLARDOOOSEE DETAIL A1/AS-102SEE DETAIL A1/AS 102SEE DETAIL A1/AS 102BOLARDSEE DETAIL A1/AS-10210DDCOVEREDDDDDKKSBIKES RACKKK02AAS-10SEE DETAIL D4/AAA2AACOVEREDOEDBIKES RACKSBIKRASEE DETAIL D4/AS-102E DAIL/A024- ALL PORTION OF BLDG AREA WITH 450OF F.D. ACCESS PER NFPA 1-18.2.3.2.2LESS THAN 150'-0"IRRIGATION TO BEIRRIGATION TO BEPROVIDED TO PLANTERSIRRIGATION TO BEPROVIDED TO PLANTERSSTREET SPACE SHALL BE PROVIDED PER SECTION 18.2(a) THROUGH (c)OFF THE REQUIRED PROJECT IMPROVEMENTS AND SHALL BE DETAILEDAS SUCH IN PERMIT PLAN101000SHADED SEATING548 S.F.LINEAR PLAZALNEAARPLAAZAAAAZLAPRAENLAZAALPAREANLIAAZLAPRAENLAZAALPAREANLI2,021 S.F.,01,2101022 021 S F20221SF21022SFSF S.FSF S.F.F02,2,2,02021 S1 S.F.FOPEN PLAY AREA3,500 S.F.MOUNTABLE CURBPUBLIC PLAZA443 S.F.1DART COMMENTS 09-10-20202DART COMMENTS 09-21-202032322222220'-0" FIRE LINE SOUTH2FFFFFFFFFFFFFFFFFFFF222223NEIGHBORHOOD COMMERCIAL (1)IGORODOMRCL (1OONEIGHBORHHOOD COMMERCIAL (2)NGHBHHOD CMMCIA2)RRRESIDENTIALIDIADUPLEX R-2DUX 3DART COMMENTS 10-08-20203333333980 11-3"SECOND FLOOR22-6"THIRD FLOOR51-1"45-4"ROOF TOP33-11"FOURTH FLOOR0'-00"TOP SLAB11-3"SECOND FLOOR22-6"THIRD FLOOR51-1"45-4"ROOF TOP33-11"FOURTH FLOOR0'-00"TOP SLAB11-3"SECOND FLOOR22-6"THIRD FLOOR51-1"45-4"ROOF TOP33-11"FOURTH FLOOR0'-00"TOP SLAB11-3"SECOND FLOOR22-6"THIRD FLOOR51-1"45-4"ROOF TOP33-11"FOURTH FLOOR0'-00"TOP SLAB74-2018NTRACTOR(S) SHALL VERIFY EXISTING CONDITIONS AND CORRELATE DIMENSIONS PRIOR TO PROVIDING THE WORK DETAILED IN THESE DRAWINGS, AND SHALL PROMPTLY NOTIFY THE DESIGNER OF ANY DISCREPANCIES.No.Description Date 1311 W NEWPORT CENTER DRIVE DEERFIELD BEACH, FLORIDA 33442 PH. 954.794.0300 FX. 954.794.0301AA26001731 COPYRIGHT 2018 GALLO HERBERTARCHITECTS1 23456EDCBAEDCBAAS SHOWNBPHCMR2020-06-09DESIGN DEVELOPMENT□ WILLIAM J. GALLO FL AR0008440□ BRIAN P. HERBERT FL AR0015474WELLS LANDINGBOYNTON BEACH, FL 33435ELEVATION PLANSOUTH WEST BLDG.A-2033/32" = 1'-0"0 8' 16' 24'3/32" = 1'-0"0 8' 16' 24'3/32" = 1'-0"08' 16'24'3/32" = 1'-0"08'16'24'ROOF TOP EQUIPMENTROOF TOP EQUIPMENTROOF TOP EQUIPMENTROOF TOP EQUIPMENTROOF TOP EQUIPMENTROOF TOP EQUIPMENT2DART COMMENTS 09-21-2020SOUTH222981 74-2018NTRACTOR(S) SHALL VERIFY EXISTING CONDITIONS AND CORRELATE DIMENSIONS PRIOR TO PROVIDING THE WORK DETAILED IN THESE DRAWINGS, AND SHALL PROMPTLY NOTIFY THE DESIGNER OF ANY DISCREPANCIES.No.Description Date 1311 W NEWPORT CENTER DRIVE DEERFIELD BEACH, FLORIDA 33442 PH. 954.794.0300 FX. 954.794.0301AA26001731 COPYRIGHT 2018 GALLO HERBERTARCHITECTS1 23456EDCBAEDCBAAS SHOWNBPHCMR2020-06-09DESIGN DEVELOPMENT□ WILLIAM J. GALLO FL AR0008440□ BRIAN P. HERBERT FL AR0015474WELLS LANDINGBOYNTON BEACH, FL 33435COLOR ELEVATIONPLANSSOUTH WEST BLDG.A-2041DART COMMENTS 09-10-202011. ALL ROOF DRAINS: ALL INTERNAL AND DOWNSPOUTS ORRAIN WATER LEADERS WILL BE CONCEALED INARCHITECTURAL ELEMENTS.2. ALL EQUIPMENT OTHER THAN FIRE APARATUS SHALL BEPAINTED TO MATCH BUILDING COLORS3/32" = 1'-0"0 8' 16' 24'3/32" = 1'-0"0 8' 16' 24'3/32" = 1'-0"08' 16'24'3/32" = 1'-0"08'16'24'2DART COMMENTS 09-21-2020SOUTH201020304050607STANDING SEAM METAL ROOF. ON THE ROCKS(SW7671) BY SHERWIN WILLIAMS OR SIMILARCONCRETE PANELSCORED STUCCO & STUCCO: SPARE WHITE(SW6203) BY SHERWIN WILLIAMS OR SIMILARPAINT ON STUCCO: TOPIARY TINT(SW6449) BY SHERWIN WILLIAMS OR SIMILARPAINT ON STUCCO: BLUEBELL(SW6793) BY SHERWIN WILLIAMS OR SIMILARPAINT ON STUCCO: PINEAPPLE CREAM(SW1668) BY SHERWIN WILLIAMS OR SIMILARPAINT: GREEK VILLA(SW7551) BY SHERWIN WILLIAMS OR SIMILAR22201010101010101010101010101010101010101010101010101010203030303030303030303030303030303030303030303030303030303030303040404040404040404040505050505050505050505050606060606060606070707070707070707982 12-6"SECOND FLOOR23-9"THIRD FLOOR51-1"46-7"ROOF TOP35-2"FOURTH FLOOR1'-3"TOP SLAB12-6"SECOND FLOOR23-9"THIRD FLOOR51-1"46-7"ROOF TOP35-2"FOURTH FLOOR1'-3"TOP SLAB12-6"SECOND FLOOR23-9"THIRD FLOOR51-1"46-7"ROOF TOP35-2"FOURTH FLOOR1'-3"TOP SLAB12-6"SECOND FLOOR23-9"THIRD FLOOR51-1"46-7"ROOF TOP35-2"FOURTH FLOOR1'-3"TOP SLAB74-2018NTRACTOR(S) SHALL VERIFY EXISTING CONDITIONS AND CORRELATE DIMENSIONS PRIOR TO PROVIDING THE WORK DETAILED IN THESE DRAWINGS, AND SHALL PROMPTLY NOTIFY THE DESIGNER OF ANY DISCREPANCIES.No.Description Date 1311 W NEWPORT CENTER DRIVE DEERFIELD BEACH, FLORIDA 33442 PH. 954.794.0300 FX. 954.794.0301AA26001731 COPYRIGHT 2018 GALLO HERBERTARCHITECTS1 23456EDCBAEDCBAAS SHOWNBPHCMR2020-06-09DESIGN DEVELOPMENT□ WILLIAM J. GALLO FL AR0008440□ BRIAN P. HERBERT FL AR0015474WELLS LANDINGBOYNTON BEACH, FL 33435ELEVATION PLANSOUTH EAST BLDG.A-2013/32" = 1'-0"08'16'24'3/32" = 1'-0"08' 16'24'3/32" = 1'-0"0 8' 16' 24'3/32" = 1'-0"0 8' 16' 24'ROOF TOP EQUIPMENTROOF TOP EQUIPMENTROOF TOP EQUIPMENTROOF TOP EQUIPMENTROOF TOP EQUIPMENTROOF TOP EQUIPMENT2DART COMMENTS 09-21-2020SOUTH2983 74-2018NTRACTOR(S) SHALL VERIFY EXISTING CONDITIONS AND CORRELATE DIMENSIONS PRIOR TO PROVIDING THE WORK DETAILED IN THESE DRAWINGS, AND SHALL PROMPTLY NOTIFY THE DESIGNER OF ANY DISCREPANCIES.No.Description Date 1311 W NEWPORT CENTER DRIVE DEERFIELD BEACH, FLORIDA 33442 PH. 954.794.0300 FX. 954.794.0301AA26001731 COPYRIGHT 2018 GALLO HERBERTARCHITECTS1 23456EDCBAEDCBAAS SHOWNBPHCMR2020-06-09DESIGN DEVELOPMENT□ WILLIAM J. GALLO FL AR0008440□ BRIAN P. HERBERT FL AR0015474WELLS LANDINGBOYNTON BEACH, FL 33435COLOR ELEVATIONPLANSSOUTH EAST BLDG.A-2021DART COMMENTS 09-10-202011. ALL ROOF DRAINS: ALL INTERNAL AND DOWNSPOUTS ORRAIN WATER LEADERS WILL BE CONCEALED INARCHITECTURAL ELEMENTS.2. ALL EQUIPMENT OTHER THAN FIRE APARATUS SHALL BEPAINTED TO MATCH BUILDING COLORSNOT TO SCALENOT TO SCALENOT TO SCALENOT TO SCALE2DART COMMENTS 09-21-2020SOUTH2010304050607STANDING SEAM METAL ROOF. ON THE ROCKS(SW7671) BY SHERWIN WILLIAMS OR SIMILARSCORED STUCCO & STUCCO: SPARE WHITE(SW6203) BY SHERWIN WILLIAMS OR SIMILARPAINT ON STUCCO: TOPIARY TINT(SW6449) BY SHERWIN WILLIAMS OR SIMILARPAINT ON STUCCO: BLUEBELL(SW6793) BY SHERWIN WILLIAMS OR SIMILARPAINT ON STUCCO: PINEAPPLE CREAM(SW1668) BY SHERWIN WILLIAMS OR SIMILARPAINT: GREEK VILLA(SW7551) BY SHERWIN WILLIAMS OR SIMILAR2220101010101010101010101010101010101010101010101010101010101010103030303030303030303030303030303030303030303030303030303030304040404040404040404040405050505050505050505050606060606060606060606060707070707070707070707070707070707984 74-2018NTRACTOR(S) SHALL VERIFY EXISTING CONDITIONS AND CORRELATE DIMENSIONS PRIOR TO PROVIDING THE WORK DETAILED IN THESE DRAWINGS, AND SHALL PROMPTLY NOTIFY THE DESIGNER OF ANY DISCREPANCIES.No.Description Date 1311 W NEWPORT CENTER DRIVE DEERFIELD BEACH, FLORIDA 33442 PH. 954.794.0300 FX. 954.794.0301AA26001731 COPYRIGHT 2018 GALLO HERBERTARCHITECTS1 23456EDCBAEDCBAAS SHOWNBPHCMR2020-06-09DESIGN DEVELOPMENT□ WILLIAM J. GALLO FL AR0008440□ BRIAN P. HERBERT FL AR0015474WELLS LANDINGBOYNTON BEACH, FL 33435FIRST AND SECONDFLOOR PLANSOUTH EAST BLDG.A-1013/32" = 1'-0"0 8' 16' 24'3/32" = 1'-0"08' 16'24'2 BEDROOMS UNIT2BTYPE "B"2 BEDROOMS UNIT2TYPE "C"2 BEDROOMS UNIT222TYPE "C"1 BEDROOM UNITTYPE "D"2 BEDROOMS UNITTTTYPE "C"2 BEDROOMS UNITTTTTTYPE "C"COMMONNNNTRASHROOM2 BEDROOMS UNITSUNITTYPE "B"2 BEDROOMS UNIT2 BEDTYPE "B"2 BEDROOMS UNITSUNITTYPE "B"2 BEDROOMS UNIT2BEDTYPE "B"2 BEDROOMS UNIT22TYPE "B"2 BEDROOMS UNITTYPE "B"2 BEDROOMS UNITTTTYPE "D"2 BEDROOMS UNITTYPE "B"2 BEDROOMS UNITTYPE "B"2 BEDROOMS UNIT2BTYPE "B"2 BEDROOMS UNIT2TYPE "C"2 BEDROOMS UNIT22TYPE "C"1 BEDROOM UNITTYPE "D"2 BEDROOMS UNITTTYPE "C"2 BEDROOMS UNITTTTYPE "C"2 BEDROOMS UNITSUNITTYPE "B"2 BEDROOMS UNIT2 BEDTYPE "B"2 BEDROOMS UNITSUNITTYPE "B"2 BEDROOMS UNIT2BEDTYPE "B"2 BEDROOMS UNIT22TYPE "B"2 BEDROOMS UNITNTYPE "B"2 BEDROOMS UNITTTTTYPE "D"2 BEDROOMS UNITNTYPE "B"2 BEDROOMS UNITBBTYPE "B"2 BEDROOMS UNITTTTTTTYPE "E"2DART COMMENTS 09-21-2020SOUTH2PORCHPORCHPORCHPORCHPORCH22222985 74-2018NTRACTOR(S) SHALL VERIFY EXISTING CONDITIONS AND CORRELATE DIMENSIONS PRIOR TO PROVIDING THE WORK DETAILED IN THESE DRAWINGS, AND SHALL PROMPTLY NOTIFY THE DESIGNER OF ANY DISCREPANCIES.No.Description Date 1311 W NEWPORT CENTER DRIVE DEERFIELD BEACH, FLORIDA 33442 PH. 954.794.0300 FX. 954.794.0301AA26001731 COPYRIGHT 2018 GALLO HERBERTARCHITECTS1 23456EDCBAEDCBAAS SHOWNBPHCMR2020-06-09DESIGN DEVELOPMENT□ WILLIAM J. GALLO FL AR0008440□ BRIAN P. HERBERT FL AR0015474WELLS LANDINGBOYNTON BEACH, FL 33435THIRD & FOURTHFLOOR PLANSOUTH EAST BLDG.A-1023/32" = 1'-0"0 8' 16' 24'3 BEDROOMS UNITTYPE "A"3 BEDROOMS UNITTYPE "A"2 BEDROOMS UNITTYPE "C"3/32" = 1'-0"08' 16'24'2 BEDROOMS UNITTYPE "B"1 BEDROOM UNITTYPE "D"2 BEDROOMS UNITTYPE "C"2 BEDROOMS UNITTYPE "B"2 BEDROOMS UNITTYPE "B"2 BEDROOMS UNITTYPE "B"2 BEDROOMS UNITTYPE "B"2 BEDROOMS UNITTYPE "B"2 BEDROOMS UNITTYPE "B"2 BEDROOMS UNITTYPE "D"2 BEDROOMS UNITTYPE "B"2 BEDROOMS UNITTYPE "B"2 BEDROOMS UNITTYPE "E"3 BEDROOMS UNITTYPE "A"3 BEDROOMS UNITTYPE "A"2 BEDROOMS UNITTYPE "C"2 BEDROOMS UNITTYPE "B"2 BEDROOMS UNITTYPE "C"2 BEDROOMS UNITTYPE "B"2 BEDROOMS UNITTYPE "B"2 BEDROOMS UNITTYPE "B"2 BEDROOMS UNITTYPE "B"2 BEDROOMS UNITTYPE "B"2 BEDROOMS UNITTYPE "B"2 BEDROOMS UNITTYPE "D"2 BEDROOMS UNITTYPE "B"2 BEDROOMS UNITTYPE "B"2 BEDROOMS UNITTYPE "E"3 BEDROOMS UNITTYPE "A"2 BEDROOMS UNITTYPE "C"2 BEDROOMS UNITTYPE "E"2DART COMMENTS 09-21-2020SOUTH2986 74-2018NTRACTOR(S) SHALL VERIFY EXISTING CONDITIONS AND CORRELATE DIMENSIONS PRIOR TO PROVIDING THE WORK DETAILED IN THESE DRAWINGS, AND SHALL PROMPTLY NOTIFY THE DESIGNER OF ANY DISCREPANCIES.No.Description Date 1311 W NEWPORT CENTER DRIVE DEERFIELD BEACH, FLORIDA 33442 PH. 954.794.0300 FX. 954.794.0301AA26001731 COPYRIGHT 2018 GALLO HERBERTARCHITECTS1 23456EDCBAEDCBAAS SHOWNBPHCMR2020-06-09DESIGN DEVELOPMENT□ WILLIAM J. GALLO FL AR0008440□ BRIAN P. HERBERT FL AR0015474WELLS LANDINGBOYNTON BEACH, FL 33435FIRST & SECONDFLOOR PLANSOUTH WEST BLDG.A-1033/32" = 1'-0"0 8' 16' 24'3/32" = 1'-0"08' 16'24'2 BEDROOMS UNITTYPE "C"2 BEDROOMS UNITTYPE "C"COMMONTRASHROOMCOMMON1 BEDROOM UNITTYPE "F"2 BEDROOMS UNITTYPE "C"2 BEDROOMS UNITTYPE "C"3 BEDROOMS UNITTYPE "B"2 BEDROOMS UNITTYPE "D"2 BEDROOMS UNITTYPE "D"3 BEDROOMS UNITTYPE "B"2 BEDROOMS UNITTYPE "D"2 BEDROOMS UNITTYPE "D"3 BEDROOMS UNITTYPE "A"3 BEDROOMS UNITTYPE "A"3 BEDROOMS UNITTYPE "B"2 BEDROOMS UNITTYPE "D"3 BEDROOMS UNITTYPE "B"2 BEDROOMS UNITTYPE "D"2 BEDROOMS UNITTYPE "D"2DART COMMENTS 09-21-2020SOUTH222987 74-2018NTRACTOR(S) SHALL VERIFY EXISTING CONDITIONS AND CORRELATE DIMENSIONS PRIOR TO PROVIDING THE WORK DETAILED IN THESE DRAWINGS, AND SHALL PROMPTLY NOTIFY THE DESIGNER OF ANY DISCREPANCIES.No.Description Date 1311 W NEWPORT CENTER DRIVE DEERFIELD BEACH, FLORIDA 33442 PH. 954.794.0300 FX. 954.794.0301AA26001731 COPYRIGHT 2018 GALLO HERBERTARCHITECTS1 23456EDCBAEDCBAAS SHOWNBPHCMR2020-06-09DESIGN DEVELOPMENT□ WILLIAM J. GALLO FL AR0008440□ BRIAN P. HERBERT FL AR0015474WELLS LANDINGBOYNTON BEACH, FL 33435THIRD & FOURTHFLOOR PLANSOUTH WEST BLDG.A-1043/32" = 1'-0"0 8' 16' 24'3 BEDROOMS UNITTYPE "B"2 BEDROOMS UNITTYPE "D"2 BEDROOMS UNITTYPE "D"3 BEDROOMS UNITTYPE "B"2 BEDROOMS UNITTYPE "D"2 BEDROOMS UNITTYPE "D"3 BEDROOMS UNITTYPE "A"3 BEDROOMS UNITTYPE "A"3 BEDROOMS UNITTYPE "A"3 BEDROOMS UNITTYPE "A"2DART COMMENTS 09-21-2020SOUTH22988 EAST MARTIN LUTHER KING JR. BLVD.NE 9th AVENUENE 11th AVENUE1413ZONE DISTRICT: C-2Gross Land: 117,428 (s.f.) Net Land: 2.70 acres Water Bodies: 0LANDSCAPE LEGEND - RESIDENTIAL (SOUTH)REQ.PROV.TOTAL NUMBER OF TREES (SMALL PALMS IN 3:1 RATIO)180 Note: All pervious areas must be landscaped with lawn, groundcover, and/or shrubbery.21TOTAL NUMBER OF SHRUBS, GROUNDCOVERS752,32310621PERIMETER BUFFER Requirements: West (Commercial)(1) 14' ht. tree for every 20 l.f.(1) 36" ht. shrub for every 3 l.f.PERIMETER BUFFER Requirements: East (Commercial)(1) 14' ht. tree for every 20 l.f.(1) 36" ht. shrub for every 3 l.f.1278(235 L.F.)12(235 L.F.)* IRRIGATION SHALL BE PROVIDED AT TIME OF PERMIT* ALL PARKING ISLANDS SHALL BE LANDSCAPED WITH GROUNDCOVER MATERIAL10015102(305 L.F.)15(305 L.F.)108STREET TREES (North - East MLK Blvd.): 418 l.f. (1 tree / 20 l.f.)2727STREET TREES (South - NE 9th Ave.): 542 l.f. (1 tree / 20 l.f.)95% OF SHRUBS SHALL BE BUTTERFLY-ATTRACTIVE485DESCRIPTIONQUAN.SYMBOLPROPOSED MATERIALSHRUBS AND GROUNDCOVERSDESCRIPTIONQUAN.SYMBOLPROPOSED MATERIALTREESLANDSCAPE LIST - SOUTH PARCELST. AUGUSTINE GRASSStenotaphrum secundatum 'Floratam'SOLID EVEN SODLAWNAsRequired3014' HT. X 6' SPR. 4" DBH.F.G. 11194F.G., "CHARACTER" SPECIMENGUMBO LIMBO*Bursera simaruba14' HT. X 6' SPR. 4" DBH.14' HT. X 6' SPR. 4" DBH.*Coccoloba diversifloraPIGEON PLUMF.G. Tabebuia heterophylla PINK TRUMPET TREE 10' HT. X 5 SPR., 2" DBH.F.G.20Aechmea blanchettiana36" HT. X 24" SPR. ABBRIGHT YELLOW BROMELIAD10" POT 9CV73DE1200FM210IT72JV153MC112PV155SVCodieaum variegatum 'Mammey' RED - YELLOW CROTON3 GAL.18" HT. X 18" SPR. / 18" O.C.3 GAL.18" HT. X 18" SPR. / 18" O.C. Duranta erecta 'Gold Mound'GOLD MOUND DURANTAFicus microcarpa 'Green Island'GREEN ISLAND FICUS3 GAL.15" HT. X 15" SPR. / 18" O.C. DWARF IXORAIxora taiwanese 'Dwarf'18" HT. X 18" SPR. / 18" O.C.3 GAL.* DENOTES NATIVE SPECIES24" HT. X 24" SPR. / 24" O.C.Jasmine volubileWAX JASMINE3 GAL.3 GAL.24" HT. X 24" SPR. / 30" O.C. *Muhlenbergia capillarisPINK MUHLY GRASSSchefflera arboricola 'Trinette'VARIEGATED SCHEFFLERA3 GAL.18" HT. X 18" SPR. / 18" O.C. 64113113610' HT. X 4' SPR. 2" DBH.*Conocarpus erectus 'sericeus'SILVER BUTTONWOODF.G. 8' HT. X 8' SPR., MULTI TRUNKLigustrum japonicumJAPANESE PRIVETF.G.F.G., MATCHED HTS.ROYAL PALM*Roystonea elata24' O.A. HT. MIN.10' HT. X 5' SPR. 2" DBH.F.G.2CA427CG174CG2207CI9HA455PM7 GAL.36" HT. X 24" SPR. / 24" O.C. Podocarpus macrophyllusPODOCARPUS173SA[BUTTERFLY ATTRACTIVE]7 GAL.3' O.A. HT.PURPLE CRINUM LILYCrinum augustum 'Queen Emma'*Clusia guttiferaSMALL LEAF CLUSIA3 GAL.24" HT. X 24" SPR. / 24" O.C. *Clusia guttiferaSMALL LEAF CLUSIA7 GAL.36" HT. X 24" SPR. / 24" O.C. *Chrysobalanus icaco 'Red Tip'RED TIP COCOPLUM3 GAL.18" HT. X 18" SPR. / 18" O.C. Hibiscus 'Anderson Crepe'ANDERSON CREPE HIBISCUS15 GAL.6' HT. O.A., STANDARD PITTOSPORUM VARIEGATAPittosporum tobira 'Variegata'3 GAL.18" HT. X 18" SPR. / 18" O.C. GREEN SCHEFFLERASchefflera arboricola24" HT. X 24" SPR. / 24" O.C.3 GAL.Ptychosperma elegans 'single'20' O.A. HT., SINGLEF.G.SINGLE ALEXANDER PALMS5LIVE OAK "HIGH RISE"*Quercus virginiana 'High Rise'*Eugenia foetidaSPANISH STOPPER12' HT. X 4' SPR., MULTI TRUNKF.G.Jacaranda mimosifoliaJACARANDA TREE14' HT. X 6' SPR. 4" DBH.F.G. Fillicium decipiens JAPANESE FERN TREE 47AC25HP404PLAsclepias curassavicaMILKWEED3 GAL.24" HT. X 24" SPR. / 24" O.C.[BUTTERFLY ATTRACTIVE][BUTTERFLY ATTRACTIVE]24" HT. X 24" SPR. / 24" O.C.Hamelia patens 'compact'DWARF FIREBUSH3 GAL.[BUTTERFLY ATTRACTIVE]DWARF PENTASPentas lanceolata "New Look White"1 GAL.12" HT. X 12" SPR. / 12" O.C. 2F.G., STAGGERED.DOUBLE MONTGOMERY PALMVeitchia montgomeryana 'double'20' O.A. HT. MIN., DOUBLENORTHSHEET INDEX:L-1 INDEXL-2 LANDSCAPE PLANL-3 LANDSCAPE DETAILSScale: 1" = 40'-0"KEY PLANDrawing: IndexDate: 06/17/2020Scale: See LeftDrawn by: LDCSheet No.:Cad Id.: 2020-021WELLS LANDING - SOUTH BOYNTON BEACH, FL INDEX 307 south 21st avenue hollywood, florida phone: 954.923.9681 facsimile: 954.923.9689 www.witkindesign.com©2020 WITKIN HULTS + PARTNERSTHE DESIGN AND DRAWINGS HEREIN ARE THEINTELLECTUAL PROPERTY OF THISLANDSCAPE ARCHITECT AND ARE PROTECTEDUNDER THE COPYRIGHT PROTECTION ACTL-2SEE NORTH PARCELLANDSCAPE PLANSFOR LANDSCAPE INTHIS AREAIRRIGATION NOTE: 100% IRRIGATIONCOVERAGE WILL BE PROVIDED ATTIME OF PERMITTINGSABAL PALMS (IF APPLICABLE) ARETO BE INSTALLED WITH FRONDSCUT AT 10-2, NOT HURRICANE CUTALL PALMS OVER 12' C.T. SHALLHAVE SQUARE ROOTBALLS AND4"x4" BRACESALL PALMS OVER 12' C.T. SHALLHAVE SQUARE ROOTBALLS AND4"x4" BRACESALL TREES AND PALMS SHALL BEFLORIDA GRADE 1 AT TIME OFPLANTING. ANY PRUNING SHALL BEDETERMINED BY THE LANDSCAPEARCHITECT AND/OR AN ARBORISTFIRE DEPARTMENT ACCESS ROADSSHALL HAVE AN UNOBSTRUCTEDVERTICAL CLEARANCE OF NOTLESS THAN 14' NFPAIF APPLICABLE, SAFETY CAPS SHALLBE INSTALLED ON ALL #5 REBAR USEDFOR TREE BRACING11 989 EAST MARTIN LUTHER KING JR. BLVD.NE 9th AVENUELAWNLAWNLAWN 4-STORYBUILDINGLAWN 20'-0" O.C.,TYP.5 BEDS14LAWN LAWN LAWN LAWNLAWNLAWNLAWN20'-0" O.C., TYP.2'-0" PARKINGOVERHANG, TYP.2'-0" PARKINGOVERHANG, TYP.2'-0" PARKINGOVERHANG, TYP.FM25CG18HA2JV15PM136DE43DE30JV15HA2CG18FM15CG12PV12PV12FM50SV25CA1MC8CV3IT20FM47FM47IT20MC8CV3AC22PL90PL37PL75PM60PM93PL75SA82FM60IT55MC10CV3IT20FM45SA45AC25PL110PL17HP20CI40SV100CI68EXISTING TREE TO REMAIN, TYP.(SEE SOUTH PARCEL DISPOSITIONPLANS FOR DETAILS)20'-0" O.C.,TYP.15'-0"15'-0"15'-0"15'-0"SIGHT-TRIANGLE, TYP. (ANYLANDSCAPE WITHIN SHALL BEMAINTAINED AT 18" HT. MAX.)15'-0"15'-0"15'-0"15'-0"SIGHT-TRIANGLE, TYP. (ANYLANDSCAPE WITHIN SHALL BEMAINTAINED AT 18" HT. MAX.)LANDSCAPE WITHIN SHALL BEMAINTAINED AT 18" HT. MAX.)2'-0" PARKINGOVERHANG, TYP.MC70FM25SV17AB2PM1662'-0" PARKINGOVERHANG, TYP.2'-0" PARKINGOVERHANG, TYP.2'-0" PARKINGOVERHANG, TYP.2'-0" PARKINGOVERHANG, TYP.20'-0" O.C.,TYP.SA20FM125HA3IT95SA26FLEXIPAVE,TYP.PASSIVERECREATIONAREALAWN20'-0"EMERGENCYFIRE ACCESS4-STORYBUILDING15 BEDS LAWNBENCH, TYP.LAWNBENCH, TYP.LAWN, TYP.FM75CG19FM25FM18CG7FM42PV12CG30CG210FM65FM25CG19CI22PV12CI52FM83CG30CG7FM6PV20FM12CI10CG12FM6CG24MC7AB2PV20FM6PV12CI5CG5FM6CG24MC7AB2FM6CG6CG21FM6AB2MC10FM6CG21FM6AB2MC10FM6FM12CI10CG6CG5FM81'-0"4'-0"4'-0"SEE "LARGE TREE PLANTINGDETAIL" ON SHEET L-3 FORBRACING DETAILSFM408 BEDSCG2164FM53FM85AB2JV15HA2FM38CG27PV4CG39JV7CA1LAWN MC23JV20AB4CG33HP5FM22FM13SV13FM5CG12PV4CG5FM6PV4CG27FM25AB2AB2FM25FM30NORTHScale: 1" = 20'-0"LANDSCAPE PLANDrawing: Landscape PlanDate: 06/17/2020Scale: See LeftDrawn by: LDCSheet No.:Cad Id.: 2020-021WELLS LANDING - SOUTH BOYNTON BEACH, FL LANDSCAPE PLAN 307 south 21st avenue hollywood, florida phone: 954.923.9681 facsimile: 954.923.9689 www.witkindesign.com©2020 WITKIN HULTS + PARTNERSTHE DESIGN AND DRAWINGS HEREIN ARE THEINTELLECTUAL PROPERTY OF THISLANDSCAPE ARCHITECT AND ARE PROTECTEDUNDER THE COPYRIGHT PROTECTION ACTSEE NORTH PARCEL LANDSCAPE PLANS 1990 74-2018No. Description DateAA26001731123456EDCBA123456EDCBAAS SHOWNBPHCMR2020-06-09DESIGN DEVELOPMENT□ WILLIAM J. GALLOFL AR0008440□ BRIAN P. HERBERTFL AR0015474MARTIN LUTHERKINGCOMMUNITYSOUTHBOYNTON BEACH, FL 33435PRIOR TO SUBMITTING THE BID, THE CONTRACTOR SHALL FIELD VERIFY ALL EXISTING CONDITIONS AND INFORM THE ARCHITECT ANDTHE ENGINEER OF ANY DISCREPANCY BETWEEN THESE DOCUMENTS AND THE EXISTING CONDITIONS AND SHALL INCLUDE IN THE BID TOCORRECT THE SAME AS DIRECTED. THE ENGINEERS ARE NOT RESPONSIBLE FOR ANY ADDITIONAL COSTS RESULTING FROM VERIFIABLEEXISTING CONDITIONS DISCOVERED AFTER CONTRACT HAS BEEN AWARDED. NO CHANGES SHALL BE MADE TO THESE PLANS WITHOUTPRIOR APPROVAL FROM THE ENGINEER OF RECORD. ALL CHANGES SHALL BE SUBMITTED FOR REVIEW PRIOR TO INSTALLATION. NOT FOR BID UNTIL PERMIT HAS BEEN ISSUED.3601 NW 2ND AVEBOCA RATON, FL 33431CERTIFICATION OFAUTHORIZATIONNO. 31989elec dept.TEL:954-644-9612mech dept.TEL:561-716-7120PM:SK1DART COMMENTS2020-09-09SITE PHOTOMETRICSPLANSOUTHEPH-101S1' = 30'-0"0 10' 20' 40'Luminaire ScheduleSymbolQtyLabelArrangementLLFDescription8WSINGLE0.900Cree Lighting OSQ-A-XX-4ME-B-30K-UL-XX / OSQ-BLSMF / Wall Mount5SBD1800.900Cree Lighting OSQ-A-NM-5ME-B-30K-UL-XX, 2@180°9SASINGLE0.900Cree Lighting OSQ-A-XX-4ME-B-30K-UL-XX / OSQ-BLSMFCalculation SummaryLabelCalcTypeUnitsAvgMaxMinAvg/MinMax/MinParking LotIlluminanceFc2.966.11.02.966.10SpillIlluminanceFc0.060.30.0N.A.N.A.991 Know what'sR992 993 994 995 •Attachment I - February 1, 2022 CRA Board Meeting Minutes •Attachment II - Executed Development Agreement for the MLK Jr. Boulevard Mixed COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: February 11, 2025 NEW BUSINESS AGENDA ITEM 15.A SUBJECT: Discussion and Consideration of a Waiver and Ancillary Agreement for the Development Agreement with Wells Landing Apartments LLC for the Heart of Boynton Shops SUMMARY: The CRA Board approved the Development Agreement between the CRA and Centennial Management Corp. (CMC)/Wells Landing Apartments, LLC (d/b/a Hearth of Boynton Shops) for the commercial component at its meeting on February 1, 2022 (see Attachment I-II). The mixed-use project consists of 124 affordable housing and 8,250 square foot of neighborhood serving uses within three buildings on both sides of MLK Jr. Boulevard. The subsequent amendments are provided as Attachments III & IV. Since the November 21, 2024 Board meeting, CRA staff/legal have been working diligently with CMC to provide each tenant the option to complete the interior build-out with their preferred general contractor. Because of the Development Agreement funding in place, a Waiver and Ancillary Agreement is needed to provide each tenant access to the funding regardless of which contractor they select. Attachment V summarizes CMC's and the CRA's contribution for eligible expenses based upon the Tenant's election of using the Developer's contractor or their preferred contractor. FISCAL IMPACT: Fiscal Year 2021-2022 Budget; Project Fund Line Item 02-58200-406; Commercial/Retail Component $2,300,815 (commercial component) CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach CRA Community Redevelopment Plan CRA BOARD OPTIONS: Approve the Waiver and Ancillary Agreement to the Development Agreement with Wells Landing Apartments LLC for the Heart of Boynton Shops. ATTACHMENTS: Description 996 Use Project - Commercial Component •Attachment III - First Amendment to the Development Agreement •Attachment IV - Second Amendment to the Development Agreement •Attachment V - Waiver and Ancillary Agreement 997 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida February 1, 2022 B. Approval of a Development Agreement between the CRA and Centennial Management Corp.M/ells Landing Apartments, LLC for the Commercial Component of the MLK Jr. Boulevard Corridor Mixed Use Housing Project Ms. Shutt explained the item was postponed from the last meeting. The next three items are related to the Heart of Boynton Village Apartments. She thanked the CRA Attorney and all the attorney's for working out the language. One agreement is a clean copy and the other is a red lined copy. Kathryn Rossmell, Lewis Longman and Walker, were agreed on by all parties. There were two outstanding issues with the current agreement, which was how and when the development agreement could be assigned if the lender took over the property. If the developer has the property taken possession or ownership of, by the lender then, the lender would have the option to have this agreement assigned to them, and they would take on the responsibility of the lender as well. They would have to provide notice to the CRA that is what they intend to do and instead of payment by check, payment would be made via electronic transfer. Motion Board Member Romelus so moved. Vice Chair Hay seconded the motion. The motion passed unanimously. C. Approval of a Second Development Agreement between the CRA and Centennial Management Corp.M/ells Landing Apartments, LLC for the MLK Jr. Boulevard Corridor Mixed Use Project Chair Grant noted they asked the Developer for fictitious name of Heart of Boynton Village Apartments. Attorney Rossmell explained she did not know, so this entity would be the viable entity they can form a contract with. Elizabeth Roque, Centennial Management, indicated they were working on the fictitious name for Wells Landing LLC. Attorney Rossmell explained this development agreement is for the residential portion of the same project. The amendment was to clarify the original purchase and development agreement is on top of a prior Purchase & De'{elopment Agreement executed by the Board. If the prior agreement is amended those changes would be effective in this agreement, there was the change that payment would be made via electronic fund transfer into an account designated by the developer for any payments made out and the same in the assignment language was added to this agreement to provide that in the event that the construction lender or permanent lender takes possession of the property or ownership of the property then they will have the option to receive assignment of this agreement and take the burdens and benefits of this agreement. With regard to a discussion held of whether there needed to be joint and several liability 998 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida February 1, 2022 of the officers signing on behalf of the business, they discussed a different solution in this agreement, which regards project compliance. In the past, the Board accepted construction project completion guarantees and in lieu of that type of joint and several liabilities, they added a paragraph to accomplish that saying if there is a breach of the original purchase and development agreement in the substantive performance, not a technical default, in terms of constructing the project, meeting a deadline and using contractor type things, that any breach in that agreement would also be considered a breach of this agreement. With those changes, the language has been agreed to by all parties. Motion Board Member Penserga moved to approve. Vice Chair Hay seconded the motion. Chair Grant commented when dealing with all these agreements and moving forward, especially with the name of the complex, they have a legal entity approved that has been approved by the Board of the Heart of Boynton Village Apartments. Elizabeth Roque, Centennial Management, explained it would be a fictitious name, d/b/a as Heart of Boynton Apartments. Chair Grant requested they contact Ms. Shutt when the name becomes official. Vote The motion passed unanimously. D. Approval of a Tax Increment Revenue Finance Agreement between the CRA and Centennial Management Corp./Wells Landing Apartments, LLC for the MLK Jr. Boulevard Corridor Mixed Use Project Attorney Rossmell noted a different term regarding the TIRFA, the developer agreed to a paragraph that states the developer will ensure that each rental unit contains a washing machine and dryer, and the form of payment was changed to electronic funds transfer instead of payment check. The assignment language in the event the permanent or construction lender takes over the project or becomes the property owner then they have the option to accept the assignment of this agreement and the burdens and benefits thereof upon notice to the CRA. Motion Vice Chair Hay so moved. Board Member Penserga seconded the motion. The motion passed unanimously. Chair Grant thanked Centennial for their work and looked forward to the groundbreaking. 999 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida February 1, 2022 Michele Roque, Centennial Management, announced all permits were approved and have their first construction meeting at the jobsite on MLK Jr Boulevard on Monday, they plan a ground breaking some time in 2022, and Centennial Management thanked the Board Members. E. Update on Negotiations with Affiliated Development, LLC for the 115 N. Federal Hwy lnfill Mixed Use Redevelopment Project Ms. Shutt stated since the last meeting when the CRA selected Affiliated, they have met several times with the City and the Affiliated development team. The staff report contains the progress of those meetings. They are also working diligently with legal counsel and Affiliated to provide terms and draft agreement to the Board at the March gth meeting. The City will meet with Affiliated regarding the parking garage and/or easement agreement for it. The terms being negotiated were contained on the cover sheet. The CRA will look at purchase and development agreement as well as the TIRFA. Jeff Burns, Affiliated, agreed they were working to complete the agreements. He hoped the agreements would be completed in a few weeks. They have had good discussions with City. City staff is working with consultants, including bond counsel. Things were going smoothly. In addition to the two CRA agreements, they will have two agreements directly with the City for the garage. As for the 209 N. Federal Highway project, it will not be part of the CRA agreement, but they can negotiate further if the property is acquired. 11. Future Agenda Items 12. Adjournment Motion There was no further business to discuss. Vice Chair Hay moved to adjourn. The motion was duly seconded. The meeting was adjourned at 5:01 p.m. ~rt&w1 Minutes Specialist. 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 Page 1 of 2 4928-7276-1094, v. 4 Tenant Improvements Selection Form Tenant Information Tenant Name: ______________________ Date: _____________________________ Tenant Address: ________________________________________________________ Tenant Email: __________________________________________________________ Phone: ____________________________ Unit Assigned (1-7): __________ (the “Unit”) Name of Business or Organization: _________________________________________ Tenant Agent Information (If Applicable) Agent Name: ______________________ Phone: ____________________________ Agent Address: _________________________________________________________ Agent Email: ___________________________________________________________ Definitions: Build-Out: means customizing and constructing a commercial space to meet the specific needs of a tenant. This typically involves the installation and modification of key systems, including lighting, heating, ventilation, air conditioning (HVAC), and other tenant-specific improvements. The build-out is necessary to ensure the commercial space is functional and ready for the tenant. Gray Shell Construction means construction of an unfinished interior with concrete floors (to be poured upon execution of lease agreement), left ready for tenant improvements. The resulting “gray shell” does not include heating, ventilating, air conditioning, lighting, plumbing, ceilings, elevators, interior walls, etc. Stub-Out: in this case means the portion of the build-out in which the contractor installs the underground portion of plumbing components that provide a connection point for tenants to install their fixtures, but does not include fixtures and appurtenances. It is recommended that this be done prior to the construction of the concrete floors to avoid having to cut the floors later. (Electric, mechanical, gas and low voltage services in this case will be through walls and ceilings rather than underground.) Tenant Funds for Interior Build-Out and Stub-Out: Initial the following to acknowledge your understanding. ______ I (Tenant) understand that $7,142.86, will be paid by Centennial Management Corp towards underground stub-out installation and the balance, if any, towards the interior build-out of the Unit. EXHIBIT A 1034 Page 2 of 2 4928-7276-1094, v. 4 ______ I (Tenant) understand that RS Construction of Dade, Inc will construct the “gray shell” of the Unit. Tenant Build-Out and Stub-Out Selection: Tenant may elect to have RS Construction complete the build-out or may select a different contractor to complete the build-out. Please initial one of the following options to indicate Tenant’s choice: ______ I (Tenant) elect to use RS Construction for the build-out of the Unit. I understand Centennial Management Corporation will contribute $7,142.86 towards the stub-out and build-out, to be paid directly to RS Construction and applied towards my stub- out and build-out costs. ______ I (Tenant) elect to use RS Construction only for the grey shell and the stub-out of the Unit. I understand that Centennial Management Corporation will contribute the stub- out costs for the Unit up to $7,142.86 directly to RS Construction. The stub-out cost for the Unit will be deducted from the $7,142.86. Centennial Management Corporation will remit any remaining portion of the $7,142.86 to the Tenant. I, on behalf of Tenant, acknowledge that the information provided will be relied upon for the build-out of the Unit and confirm that I am duly authorized to execute this form. I further confirm that I fully understand the contents of this document and agree to its terms and conditions. Signature: ________________________________________________________________ Tenant Name: _______________________ Date: ________________________________ Title: ______________________________ Received and agreed to by: Centennial Management Corporation: ________________________________________________________________________ Title: ______________________________ Date: ________________________________ 1035 •Attachment I - Unassigned Fund Balance •Attachment II - Budget Amendment I - Resolution 25-01 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: February 11, 2025 NEW BUSINESS AGENDA ITEM 15.B SUBJECT: Discussion and Consideration of Fiscal Year 2023-2024 Budget Amendment for Unreserved Fund Balance SUMMARY: As a result of the 2023-2024 fiscal year accounting close out and confirmation through the annual audit process, the CRA has recognized an unassigned balance of $2,118,706. These unassigned funds are an accumulation of remaining unused funds from each line item in the previous year's budget and available to the CRA Board for reallocation into the current Fiscal Year 2024-2025 Budget's Project Fund (see Attachment I). The CRA Board's reallocation of the funding from the General Fund into the Project Fund is accomplished through a Budget Amendment and is detailed in Resolution 25-01, Exhibit "A" (Attachment II). Staff is recommending the unassigned funds be allocated to Economic Development Grant Programs and Property Acquisitions to aid in acquiring property in the CRA district. The CRA Board reserves the right to reallocate the funds at a later date for any project they desire. FISCAL IMPACT: FY 2024-2025 Budget, reallocate $2,118,706 from General Fund to Project Fund as follows: Line item 02-58400-444 - Economic Development Grant Programs $400,000 Line item 02-58200-401 - Property Acquisition $1,718,706 CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: Approve the Budget Amendment Resolution No. 25-01 for the reallocation of unassigned fund balance in the amount of $2,118,706 from the General Fund to the Project Fund as follows: Line item 02-58400-444 - Economic Development Grant Programs $400,000 Line item 02-58200-401 - Property Acquisition $1,718,706 ATTACHMENTS: Description 1036 1037 1038 RESOLUTION NO. 25-01 A RESOLUTION OF THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, TO AMEND THE FISCAL YEAR 2024-2025 BUDGET TO REALLOCATE GENERAL FUND UNASSIGNED FUND BALANCE FROM THE FY 2023-2024 AUDIT AND INCREASE THE TOTAL APPROPRIATIONS TO THE PROJECT FUND; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Boynton Beach Community Redevelopment Agency Board (hereafter “CRA”) has adopted the fiscal 2023-2024 budget and does allow program changes as necessary; and WHEREAS, it is the objective to maintain accuracy of the budget document to reflect policy determinations of the Board as to the proper and legally defensible appropriation of funds authorized by the Community Redevelopment Plan; and WHEREAS, the CRA Board approved Resolution No. R24-02 on September 10, 2024, approving the Fiscal Year 2024-2025 budget; and WHEREAS, the CRA Board approved Resolution No. 25-01 on February 11, 2025 amending the Fiscal Year 2024-2025 budget; and WHEREAS, the audit after the year end September 30, 2024 contained a General Fund unassigned fund balance in the amount of approximately $2,118,706; and WHEREAS, the CRA Board approved Consideration of funding for economic development - $400,000, and property acquisitions - $1,718,706 approving $2,118,706 from FY 2024-2025, General Fund unassigned and reallocating to Project Fund; and WHEREAS, the Director of Finance, based on the Board’s policy determination and approval, has identified the line item appropriations that require budget adjustments hereinafter reflected. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY THAT: SECTION 1. The foregoing “WHEREAS” clauses are hereby ratified and confirmed as being true and correct and are hereby incorporated herein. SECTION 2. A copy of the FY 2024-2025 Budget Amendment No. 1 and line item adjustments attached hereto as Exhibit “A.” 1039 SECTION 3. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4. If any clauses, sections, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 5. This Resolution shall become effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY BOARD, THIS 11TH DAY OF FEBRUARY 2025. BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: ________________________________ Ty Penserga, Chair Approved as to form: _____________________________ CRA Attorney 1040 APPROVAL FUND DEPARTMENT DESCRIPTION G/L ACCT. BUDGET APPROPRIATION INCREASE / (DECREASE) AMENDED BUDGET APPROPRIATION Purpose (1) Reallocate General Fund Unassigned Balance from 9/30/24 - Increase Project Fund and Line Item in FY24-25 CRA Board 2/11/2025 1. General Fund unassigned fund balance year ending 9/30/2024 Budget Amendment #1 General Other Financing Sources - Revenues Unassigned Fund Balance from FY23-24 Audit ($2,118,706)01-49100 -$ (2,118,706)$ (2,118,706)$ Resolution No. 25-01 General Transfer to Project Fund - Expenses Transfers Out 01-59999-990 17,591,645$ 2,118,706$ 19,710,351$ 2. Transfer funds as follows: Other Financing Sources - Revenues Unassigned Fund Balance from FY 23-24 ($2,118,706)02-49900 (17,591,645)$ (2,118,706)$ (19,710,351)$ Project Economic Development Economic Development Grant Programs 02-58400-444 600,000$ 400,000$ 1,000,000$ Capital Outlay Property Acquisition 02-58200-401 7,281,639$ 1,718,706$ 9,000,345$ BUDGET AMENDMENTS & ADJUSTMENTS TO FY 2024-2025 GENERAL AND PROJECT FUND NOTE: Recorded on Financial Statements T:\FINANCE\BUDGET AMENDMENTS - TRACKING\FY 2024-2025 - Budget Amendment #1 - 2.11.2025.xlsx 1041 •Attachment I - 08-08-2023 CRA Meeting Minutes - CRA Board Discussion and Consideration of Executive Director's Annual Performance Review for Fiscal Year COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: February 11, 2025 NEW BUSINESS AGENDA ITEM 15.C SUBJECT: CRA Board Discussion and Consideration of Acting Executive Director's Salary Review for Fiscal Year 2024-2025 SUMMARY: On January 14, 2025, the CRA Board requested an agenda item for discussion and consideration of a pay increase for Mr. Tack as the Acting Executive Director. History of the Boynton Beach CRA Executive Director/Assistant Director Positions : November 2021: Mr. Tack was hired as the Assistant Director for the Boynton Beach CRA. August 2023: The CRA Board conducted an Annual Performance Review of Thuy Shutt as the Executive Director. She received a 6% salary increase and a increased annual car allowance of $6,000 (Attachment I). October 2023: CRA Board released Ms. Shutt from her duties as Executive Director and appointed Timothy Tack as the Acting Executive Director (see Attachment II). The Executive Director Job Description which includes Salary Range and a summary of the Agency's notable accomplishments during FY 2023-2024 (see Attachment III & IV). Mr. Tack does not have an employment agreement. Once the Executive Director position has been successfully filled, Mr. Tack will resume his position as the Assistant Director at the salary budgeted for that position. At the Board's discretion, a Performance Review may be conducted and presented to Mr. Tack in written or oral form. FISCAL IMPACT: Fiscal Year 2024-2025, General Fund 01-51230-100 - Current interim salary amount is $187,837 and an annual automobile allowance of $3,600. CRA BOARD OPTIONS: To be determined by the CRA Board. ATTACHMENTS: Description 1042 2023-2024.pdf •Attachment II - Tim Tack Assigned Acting Executive Director Position •Attachment III - BBCRA Executive Director Job Description and Salary.pdf •Attachment IV - Summary of Notable Accomplishments FY 23-24 1043 Meeting Minutes CRA Board Meeting Boynton Beach, FL Public Comments: Chair Penserga opened public comments. No one came forward to speak. No virtual comments. Chair Penserga closed public comments. August 8, 2023 D.Consideration of Registration and Travel Expenses to Attend the Florida Redevelopment Association 2023 Annual Conference on October 25-27 in Ponte Vedra Beach. Ms. Shutt introduced the item. She asked the Board to consider their schedules and whether they are interested in attending. They would need a commitment at the next Board meeting. She recommended the CRA book the registration under the CRA credit card and Board members take care of their own travel. She noted they have been asked to speak on two sessions as panel experts. E.CRA Board Discussion and Consideration of Executive Director's Annual Performance Review for Fiscal Year 2023-2024. Ms. Rossmell introduced the item and provided a brief background. She said they are proceeding with an oral format for the Execute Director's Annual Performance Review. She noted Ms. Shutt's annual car allowance is currently $3,600 annually. She said it would be appropriate to seek public comments as well. Board Member Kelley thanked Ms. Shutt and challenged her to continue to work with the City and how the residents view the CRA and the City. She said she will speak to Ms. Shutt privately about additional comments from tonight's meeting. Board Member Hay said Ms. Shutt is hardworking and always answers his questions. He noted she has an open spirit and is a good communicator. He added that others outside of Boynton Beach recognize the hard work by her and the CRA staff. Vice Chair Turkin said Ms. Shutt works extremely hard and will speak to her offline about any concerns he has. Board Member Cruz thanked Ms. Shutt for helping them applying for funding. She thanked her for putting the interest of the public first. Chair Penserga said he is comfortable with a modest pay increase and would like to hear from the other Board members. He said an increase is appropriate and well deserved. Vice Chair Turkin asked about last year's salary increase. Ms. Shutt said it was 6%. Board Member Kelley asked about the budget and staff increases. Ms. Shutt said the budget allows for a 6% COLA and up to 5% merit. She said the cost of living has increased in South Florida up to 9%. The Board are unanimously in favor of a 6% increase and the car allowance for the Executive Director. Public Comments: Chair Penserga opened public comments. No one came forward to speak. No virtual comments. Chair Penserga closed public comments. 1044 1045 1046 1047 1048 1049 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY TITLE: EXECUTIVE DIRECTOR REPORTS TO: BBCRA BOARD SALARY RANGE DEPENDING ON QUALIFICATIONS: $142,000 - $230,000 GENERAL DUTIES: Position manages the day-to-day operations, for the Boynton Beach Community Redevelopment Agency (BBCRA). The Executive Director is a highly responsible position that oversees a wide variety of redevelopment and economic development activities that include fiscal operations, policy making, capital project administration, BBCRA program management, redevelopment plan implementation, property acquisition, business incentives, new business development, business attraction and retention, special business promotion activities as well as the management and maintenance of BBCRA- owned properties. The Position serves as a liaison to businesses and property owners with the overall goal of enhancing the physical and economic character of the districts. Advanced professional work is focused on revitalization and community enhancement within the BBCRA Districts through redevelopment, capital improvement, and branding. EXAMPLES OF ESSENTIAL DUTIES: The examples as listed below are descriptions of essential functions and are not necessarily all inclusive. The omission of an essential function of work does not preclude the BBCRA Board from assigning duties not listed herein. Assigned duties, which are essential function of work not listed herein, are permissible if such functions are a logical assignment to the position. • Carries out the policies established by the five-member BBCRA Board which oversees the redevelopment of the six BBCRA Districts. • Oversees the day-to-day agency operations. • Provides oversight and management of Federal/State Grant programs designed to assist with redevelopment goals within the BBCRA area. • Provides comprehensive knowledge of redevelopment programs and their financing. • Develops potential incentive packages, provides market assessments/impacts, and monitors development trends. 1050 • Writes developer requests for proposals for the purpose of disposing of BBCRA land for redevelopment. • Evaluates and drafts recommended updates and amendments to the BBCRA Plan. • Attend training sessions and conferences pertaining to BBCRA operations. • Prepares and manages annual BBCRA budget and compliance monitoring with F.S. Chapter 163 Part III • Assists with the development of capital projects included in the 2016 Boynton Beach CRA Redevelopment Plan; tracks the economic impact of those projects on Redevelopment activities City-wide. • Makes public presentations to the BBCRA Board, City Commission and other public/private organizations regarding BBCRA redevelopment, BBCRA business, initiatives, and focus. • Acts as a technical advisor to the Community Redevelopment Agency Board (City Commission) and BBCRA Advisory Board. • Prepares and manages BBCRA budget; identifies and accesses funding sources; maintains relationships with funding sources; administers contractual agreements with other governmental agencies. • Oversees the management and administration of capital projects within the BBCRA districts. • Promotes and disseminates information about BBCRA activities to stakeholders through media, print and social media; attends and conducts various meeting and presentations. • Negotiates and administers contracts, incentives, developer agreements, and projects; administers same. • Assist private developers and business owners with: site planning, zoning, platting, variances, incentives, and other regulatory issues associated with redevelopment and economic development in the BBCRA. • Attends monthly BBCRA Board meetings and City commission meetings in order to keep abreast of activities and programs, and to provide information and/or answer questions as necessary. • Represents the BBCRA at community meetings regarding BBCRA matters within the scope of the BBCRA activities. • Oversees hiring of BBCRA employees, consultants, and experts as provided for in • the annual budget • Supervises BBCRA employees, consultants, and special projects. • Other duties as assigned. KNOWLEDGE, SKILLS AND ABILITIES: • Knowledge of public and private financing and various debt financing mechanisms. • Knowledge of professional services contracting, bidding procedures, and contract administration. • Knowledge of the principles of budget administration and financial forecasting. • Knowledge of business correspondence and report writing. • Knowledge of the basic functions of Community Redevelopment Agencies. 1051 • Knowledge and experience with Public-Private Partnership developer negotiations and agreements. • Knowledge of the principles, techniques and objectives of a Community Development Block Grant program and HUD housing programs. • Knowledge of economic development trends and techniques and the functions, operations and relationships among local, state, and federal agencies related to redevelopment and housing policies. • Ability to communicate clearly and concisely, orally and in writing. • Ability to effectively analyze issues and problems and identify optimum solutions. • Ability to plan, organize, and implement duties and responsibilities defined by desired outcomes and objectives. • Ability to gain cooperation through discussions and persuasion. • Ability to use good conflict resolution skills. • Ability to manage complex problems with multiple stakeholders. • Ability to interpret and apply the principles, practices, and procedures specified in Florida redevelopment law. • Ability to interpret and apply applicable Federal, State, and local laws, rules, and regulations related to redevelopment programs. • Ability to use Windows-based word processing, electronic mail, spreadsheet, and database software. • An understanding of business attraction including lease negotiations in real estate. • Ability to take the initiative to complete the duties of the position without the need of direct supervision. • Ability to establish and maintain effective working relationships. • Ability to serve the public and fellow employees with honesty and integrity in full accord with the letter and spirit of all City ethics and conflicts of interest policies. A strong understanding of ethical behavior is required. • Ability to establish and maintain effective working relationships with the general public, co-workers, City officials and members of diverse cultural and linguistic backgrounds regardless of race, religion, age, sex, disability or political affiliation. • Ability to maintain regular and punctual attendance. MINIMUM QUALIFICATIONS: Bachelor’s degree from an accredited college or university with a major in business, urban planning, finance, construction management or related field and/or have a minimum of five (5) years’ experience in the public/private sector in a progressive city in real estate development, planning, project management, economic development and/or any equivalent combination of training and experience. Master’s degree preferred. Affiliations or membership with trade associations exemplifying additional education is a plus, such as Florida Planning Association, Urban Land Institute, Florida Redevelopment Association, International Council of Shopping Centers, NAIOP, IEDC, or other related associations. Professional certifications are a plus. A comparable amount of training and experience may be substituted for the minimum qualifications. 1052 PHYSICAL REQUIREMENTS: Must have the use of sensory skills in order to effectively communicate and interact with other employees and the public through the use of the telephone and personal contact as normally defined by the ability to see, read, talk, hear, handle or feel objec ts and controls. Physical capability to effectively use and operate various items of office related equipment, such as, but not limited to a, personal computer, calculator, copier, and fax machine. SPECIAL REQUIREMENTS Possession of a valid, appropriate driver's license and an acceptable driving record. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. 1053 Page 1 of 5 Awards – Recognitions: • International Economic Development Council (IEDC): 2024 Bronze Award for Economic Development Organization of the Year • Florida Festivals and Events Association (FFEA): Eight awards in various marketing, business development and promotional event initiatives • International Festivals & Events Association: Four awards in various marketing, business development and promotional event initiatives • South Florida Business Journal 2024 Structure Awards Finalist for Heart of Boynton Village Apartments & Shops Agency Operations: • Fiscal Year 2024-2025 Budget Planning, Implementations and Management: $13.5 million • FY 2023-2024 Annual Compliance and Financial Audit: Clean audit, no findings, no inconsistencies • Successfully complete publication of statutorily required Annual Report for FY 2022- 2023 • Continued cross training of development and administrative staff on all phases of development including acquisition, design, construction, lease/sale, code enforcement by including staff in meetings with City staff, developments and construction site visits The Pierce (115 N. Federal Highway): • Permit application submitted to the City of Boynton Beach Building Department on August 16, 2024 • Staff continues to monitor the project and implementation of all agreements Heart of Boynton Village Apartments & Shops: • The three residential buildings received their Certificate of Occupancy in July 2024 and are currently fully occupied • The commercial spaces have five permit ready units waiting for construction commencement for two restaurants, a family wellness center, a professional services office and the NOP office. One unit is finalizing the design for a dentist office. Tentative leases are in place on the two remaining units. • Staff continues to work with the development team to plan a ribbon cutting ceremony for the residential units in October 2024 1054 Page 2 of 5 Coastal Cruiser powered by Circuit Inc.: • Launched the first affordable rideshare service in March 2024 • First 6-month renewal approved by the Board in September 2024 • Coordinating with City Staff regarding possible expansion of service • Staff continues to monitor the project and implementation of all agreements 211 E. Ocean Avenue: • The Purchase and Development Agreement was terminated by the Board at their January 2024 Board meeting • Staff is working on various inspections to assess its current structural condition Cottage District Infill Housing Affordable Workforce Housing Project: • Permit applications submitted to the City of Boynton Beach Building Department on July 15, 2024 and July 25, 2024 • The closing date was extended by the CRA Board to December 26, 2024 • Staff continues to monitor the project and implementation of all agreements Downtown USPS Station (401-411 E. Boynton Beach Boulevard): • The CRA released an RFP/RFQ in July 2023 and the Board selected Maple Tree Investments as the developer for the project • The Board approved the Purchase and Development Agreement at their September 2024 meeting • Once executed, staff will monitor the project and implementation of the agreement MLK Entry Feature Park (1101 N. Federal Hwy): • The Board directed staff in March 2024 to work with a consultant on an Entry Feature Park for the CRA owned property • A consultant was secured in August 2024 and the first round of designs will go before the Board at the October 8th meeting Jaycee Park: • The BBCRA provided funding through an Interlocal Agreement with the City for the dog park design and construction which was completed in November 2023 • Staff processed the reimbursement to the City in accordance with the ILA 1055 Page 3 of 5 E. Boynton Beach Boulevard Extension Streetscape Project: • The BBCRA provided funding through an Interlocal Agreement with the City for the streetscape improvements along E. Boynton Beach Boulevard (east of Federal Highway) which was completed in December 2023 • Staff processed the reimbursement to the City in accordance with the ILA Request for Proposals for Property Appraisal Services: • Staff issued an RFP in March 2024 for property appraisal services from qualified firms to perform residential and nonresidential appraisals for the acquisition and disposal of properties within the BBCRA boundaries • The Board selected five firms and entered into separate agreements with each firm • Staff rotates appraisal needs as described in the RFP Ocean One (114-222 N. Federal Highway): • In January 2024, CRA staff received a request for Tax Increment Funding (TIF) from the Hyperion Group • Staff worked with Abramson & Associates, Inc. for an analysis of the TIF request, as well as, negotiating with Hyperion • At the May Board meeting, the Board approved a TIRFA for $9.9 million • Staff continues to monitor the project and implementation of all agreements The Villages (405 E. Ocean Avenue): • In March 2024, CRA staff received a request for Tax Increment Funding (TIF) from BB North LLC • Staff worked with Abramson & Associates, Inc. for an analysis of the TIF request, as well as, negotiating with BB North • The TIF request will go back before the Board at their October 8th meeting for further consideration Economic Development Grants: • FY 2023-2024 approved $729,456.98 in grant funding assisting 20 new businesses adding over 32,221 square feet of new retail, industrial, restaurant and professional office space with the BBCRA area 1056 Page 4 of 5 Neighborhood Office Program (NOP): • Report and compliance monitoring, budget and operations review and management • Received permit approval for the build-out of their new office in the Heart of Boynton Shops in February 2024 Town Square ILA: • Ongoing Project and Financial Management and CRA Statutory Compliance Monitoring ($3.5 million debt payment in FY 2023-2024) Property Acquisitions: • The BBCRA continued its efforts in expanding affordable and workforce housing through property acquisitions as the demand for attainable housing remains at an all- time high. Seven parcels were acquired with FY 2023-2024 funding totaling $3,087,069 Business Promotions: • Business Promotions and Marketing Department successfully implemented all of the scheduled events for FY 2023-2024 with the Night Market in July being the highlight of the season • In September and October 2023, the team hosted a workshop series called the “Business Booster” covering key topics such as local resources, financial incentives, hiring & employee retention and Business 101 • Hosted several Ribbon Cuttings for new businesses opening in the BBCRA area Boynton Beach Boulevard Complete Street Project: • Managed the temporary use agreement for the Staging Area • Attend weekly project update meetings and review RFIs and material approvals 1102 -1110 N. Federal Highway Project: • Continues to facilitate project through the City’s building permitting process 1057 Page 5 of 5 Boynton Harbor Marina: • Oversees various lease agreements • Oversees the Waypoint Marina Operations Management and renewed the contract in September 2024 • CPF FY 2024 - $1,383,069 in FEMA PDM grant funding for Boynton Harbor Marina Seawall replacement • CPF FY 2025 - $1,150,791 potential FEMA PDM grant funding for Boynton Harbor Marina Seawall replacement 1058 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: February 11, 2025 CRA PROJECTS IN PROGRESS AGENDA ITEM 16.A SUBJECT: Social Media & Print Marketing Update SUMMARY: Throughout the month of January, a variety of marketing efforts were made to promote various BBCRA initiatives and projects, as well as, a variety of local businesses that operate within the BBCRA area. Social Media Marketing BBCRA Project Posts: Coastal Cruiser by Circuit MLK Jr. Blvd. Entry Feature Project Business Promotional Posts : Utilized Facebook and Instagram feed and stories to promote a variety of businesses, such as: Chip's Ahoy, Johnny Mangos, and Paloma Promotional Events Ribbon Cuttings for Trilogy Fitness, The Ark, and Gandhi Health & Wellness Digital Marketing Blog Posts: Promoted the following blogs on BoyntonBeachInsider.com: Exciting new projects and initiatives planned for 2025!, Your Input Matters! Help us Transform the MLK Corridor Discover Boynton Beach with the Coastal Cruiser's Expanded Route Transform Your Home with Design Stop's Expert Design and Remodeling Team New Businesses, New Year! Gandhi Health & Wellness Spectrum Innovation Studios Redevelopment Works Newsletter : 2025 Projects & Initiatives MLK Jr. Blvd. Entry Feature Project Survey Gandhi Health & Wellness Spectrum Studios Coastal Cruiser 1059 •Attachment I - January Marketing & Social Media Overview •Attachment II - January - Facebook and Instagram Posts.docx Boynton Harbor Marina Design Stop New Business Openings Print Marketing Ads were published in the Coastal Angler and Florida Sports Fishing magazines to promote the Boynton Harbor Marina. See Attachment I for an overview of the social media and print marketing in January, and Attachment II for a full listing of the Facebook and Instagram posts that were shared. FISCAL IMPACT: FY 2024-2025 Budget, Project Fund, Line Item 02-58500-480 $150 FY 2024-2025 Budget, General Fund, Line Item 01-57400-216 $900 CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: No action is required at this time unless otherwise determined by the CRA Board. ATTACHMENTS: Description 1060 SOCIAL MEDIA MARKETING OVERVIEW 1061 SOCIAL MEDIA – PROJECT POSTS 1062 SOCIAL MEDIA - BUSINESS POSTS 1063 SOCIAL MEDIA – PROMOTIONAL EVENTS 1064 SOCIAL MEDIA – PROMOTIONAL EVENTS 1065 SOCIAL MEDIA – PROMOTIONAL EVENTS 1066 PRINT MARKETING 1067 Facebook & Instagram Posts 1068 Facebook & Instagram Posts 1069 Facebook & Instagram Posts 1070 Facebook & Instagram Posts 1071 Facebook & Instagram Posts 1072 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: February 11, 2025 CRA PROJECTS IN PROGRESS AGENDA ITEM 16.B SUBJECT: Social Media Outreach Program 1st Quarter Report for FY 2024-2025 (October 2024 - December 2024) SUMMARY: The following is a list of the Social Media Outreach Program (SMOP) business development activities from October 1, 2024 to December 31, 2024 (see Attachment I): 90 Businesses are currently registered in the Social Media Outreach Program (124 have registered since program inception) 3 New businesses added during the 1st quarter 28 Businesses were contacted this quarter (contacts are done in-person, email, via phone, and via virtual platforms) Social Media Outreach Program Elements One-on-one social media assistance with businesses has helped businesses to promote themselves and grow their following or connect employers with local talents (see Attachment II for examples of assistance for Blueheart Adult Day Care, Kabuki, Rok Prime Korean BBQ, Capt. Franks Seafood Market, Sweetwater, Prime Catch, Nicholson Muir Meats, and the Butcher and the Bar) with various social media platforms such as Google, Facebook, and Instagram. The Boynton Beach Insider Blog is ongoing to aid local businesses and the BBCRA with web search engine optimization (SEO) and to build awareness to the Boynton Beach community about local businesses and CRA projects and programs. The BBCRA has published the following (see Attachment III): 10/1/2024 Healing Heart Veterinary Clinic: Your Trusted Pet Care Provider 10/1/2024 Discover the Dining Gems at Boynton Harbor Marina 10/1/2024 In Boynton Beach we dance to a different tuna! 10/31/2024 Blueheart Adult Day Care Center 10/31/2024 Get Fit and Fierce: Discover Boynton Beach’s Trilogy Fitness MMA 10/31/24 New Flavors to Savor in East Boynton Beach 12/5/2024 Shop Local This Holiday Season: Spread Cheer in Boynton Beach 12/5/2024 The BBCRA Welcomes Three Dynamic New Businesses 12/31/2024 Spectrum Innovations Studios 12/31/2024 Gandhi Health & Wellness 12/31/2024 New Year, New Businesses! 12/31/2024 Transform Your Home with Design Stop’s Expert Design and 1073 •Attachment I - SMOP Biz Visited •Attachment II - SMOP Assistance.pdf •Attachment III - Blog •Attachment IV - SM Posts •Attachment V - Comparison Remodeling Team This quarter, the Boynton Beach CRA’s Social Media has consistently reached Boynton Beach community members, enabling businesses to reach potential clients if a connection is made with the CRA's platforms. Attachment IV contains examples of the top performing posts and all posting activities during this quarter. The results from this quarter indicate the BBCRA's social media platforms are still a useful marketing and promotional tool (see Attachment V). Facebook has interacted with 8,100 users this quarter Instagram interacted with 2,600 users this quarter Upcoming Activities Include: Assist in implementing BBCRA Marketing Grant Develop new social media strategies to assist local businesses via the BBCRA social media channels Launch the 2025 Business Development Video Campaign and develop new strategies to reach a larger audience Continue the Boynton Beach Bucks campaign in conjunction with the BBCRA Business Promotions & Events Team Continue with one-on-one business assistance Continue updates of the CRA's business listing Coordinate with BBCRA Grants and Project Manager to promote the SMOP Program to prospective grant recipients Continue in-person business visits to spread awareness to businesses on BBCRA Resources, including upcoming construction activities associated with CRA projects such as Cottage District Infill Housing, and 115 N. Federal Highway Infill Mixed Use Redevelopment Projects. FISCAL IMPACT: FY 2022-2023 Budget, General Fund, Line Item 01-57400-100, $146,167 CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: No action is required at this time unless otherwise determined by the CRA Board. ATTACHMENTS: Description 1074 Attachment I BBCRA Area Businesses and SMOP Businesses Quarterly Contact Log Business Address Last Contact Registered in SMOP 1 Kabuki 321 E Woolbright Rd, Boynton Beach, FL 33435 12/10/2024 x 2 Trilogy Fitness 1550 N Federal Hwy, Boynton Beach, FL 33435 12/30/2024 x 3 Spectrum Innovations 1370 W Industrial Avenue #113 11/27/2024 x 4 Design Stop 1505 Federal Hwy, Boynton Beach, FL 33435 12/5/2024 5 Blue Heart Health Care 709 Federal Highway, Boynton Beach, Florida 33435 12/30/2024 x 6 The Ark Dog Grooming Services 1406 N. Federal Hwy Boynton Beach, FL 33435 12/30/2024 x 7 Scheurer's Chocolate 640 E Ocean Ave Unit 10, Boynton Beach, FL 33435 12/30/2024 x 8 ManCave 1503 S Federal Hwy, Boynton Beach, FL 33435 12/30/2024 x 9 Ace Hardware 510 E Boynton Beach Blvd, Boynton Beach FL, 33435 12/30/2024 x 10 Boynton Harbor Marina 735 Casa Loma Blvd, Boynton Beach FL 33435 12/15/2024 x 11 Tiki Taxi 735 Casa Loma Blvd, Boynton Beach FL 33435 12/15/2024 x 12 Hamr Time Marina, Boynton Beach, FL 33435 12/15/2024 13 Dimensional Healthcare Casa Costa 12/12/2024 x 14 Alchemy Salon 640 E Ocean Ave #5, Boynton Beach, FL 33435 12/12/2024 x 15 Safa 400 N Federal Hwy, Boynton Beach, FL 12/12/2024 x 16 Hurricane Alley 529 E Ocean Ave, Boynton Beach, FL 33435 12/7/2024 x 17 Sweetwater 1507 S Federal Hwy Boynton Beach FL 33435 12/5/2024 x 18 Café Prelude 312 N. Federal Hwy, Boynton Beach, FL 33435 12/4/2024 x 19 The Butcher & The Bar 510 E Ocean Ave, Unit 101, Boynton Beach FL 33435 12/4/2024 x 20 Art Sea Living 112, #7, S Federal Hwy, Boynton Beach, FL 33435 12/3/2024 x 21 Common Grounds Brew & Roastery 101 S Federal Hwy, Boynton Beach, FL 33435 12/2/2024 x 22 Beach House Boutique 1120 S Federal Hwy, Boynton Beach, FL 33435 11/27/2024 x 23 Clear Copy 1304 N Federal Hwy, Boynton Beach FL, 33435 11/20/2024 x 24 ROK Prime Korean BBQ 1727 S Federal Hwy, Boynton Beach, FL 33435 11/15/2024 x 25 Penn Nails and Spa 640 E Ocean Ave Suite 17, Boynton Beach FL 33435 10/10/2024 x 26 Florida Tackle Company 1550 N Federal Hwy, Boynton Beach, FL 33435 10/5/2024 x 27 Bond Street Market 308 N. Federal Hwy, Boynton Beach, FL 33435 10/5/2024 x 28 Marina Café 100 NE 6th St #108, Boynton Beach, FL 33435 10/2/2024 x 29 Bailey's Blendz 640 E Ocean Ave Suite 16, Boynton Beach, FL 33435 9/4/2024 x 30 A1A Discount Beverage 109 E Boynton Beach Blvd. Boynton Beach FL, 33435 8/20/2024 31 Guaca Go 500 Unit 106 E Ocean Avenue Boynton Beach FL 33435 8/10/2024 x 32 Bon Zouti 1550 N Federal Hwy, Boynton Beach, FL 33435 8/3/2024 33 Driftwood 2005 S Federal Hwy, Boynton Beach, FL 33435 8/2/2024 x 1075 Attachment I BBCRA Area Businesses and SMOP Businesses Quarterly Contact Log Business Address Last Contact Registered in SMOP 34 Hip Hip Furray 1403 S Federal Hwy, Boynton Beach, FL 33435 8/2/2024 x 35 Angel's Secret Inc.640 E Ocean Ave #9, Boynton Beach, FL 33425 7/21/2024 x 36 By Cycle 640 E Ocean Ave #21, Boynton Beach, FL 33435 7/21/2024 x 37 NYPD Pizza 308 N. Federal Hwy, Boynton Beach, FL 33435 7/20/2024 x 38 Boardwalk Italian Ice & Creamery 209 N Federal Hwy, Boynton Beach, FL 33435 7/5/2024 x 39 CK Locksmith 301 SE 4th St, Boynton Beach, FL 33435 7/5/2024 x 40 Café Frankies 640 E Ocean Ave, Boynton Beach, FL 33435 6/15/2024 x 41 Fish Envy Marina, Boynton Beach FL 33435 6/3/2024 42 Gulfstream Boat Rental Marina, Boynton Beach, FL 33435 6/2/2024 43 South Florida Diving Headquarters 735 Casa Loma Blvd, Boynton Beach FL 33435 6/2/2024 x 44 Starfish Scuba 640 E Ocean Ave #2, Boynton Beach, FL 33435 6/2/2024 x 45 Two Georges 728 Casa Loma Blvd, Boynton Beach, FL 33435 6/2/2024 46 One Boynton 1351 S Federal Hwy, Boynton Beach, FL 33435 5/22/2024 x 47 The Beauty and the Brow 501 SE 18th Ave, Boynton Beach, FL 33435 2/16/2024 x 48 Tropical Island Restaurant 400 E Boynton Beach Blvd, Boynton Beach, FL 33435 2/10/2024 x 49 East Ocean Café 412 E Ocean Ave, Boynton Beach, FL 33435 1/25/2024 x 50 The Beauty Within 100 NE 6th Street #104, Boynton Beach, FL 33435 1/24/2024 x 51 The Joint 520 E Woolbright Rd, Boynton Beach FL 33435 1/19/2024 52 Tropical Smoothie 1025 Gateway Blvd, Boynton Beach FL, 33435 1/4/2024 x 53 Front Door Detailing 422 W Industrial Ave, Boynton Beach, FL 33435 12/15/2023 x 54 Fly, Flow Fitness 640 E Ocean Ave Boynton Beach FL 33435 12/8/2023 x 55 Salon South Flow 1815 Federal Hwy. Boynton Beach, FL 33435 12/5/2023 x 56 Sol Search Charters 735 Casa Loma Blvd, Boynton Beach FL 33435 11/12/2023 x 57 Jackie's Grooming 640 E Ocean Ave Unit 18, Boynton Beach, FL 33435 9/7/2023 x 58 Lighthouse Vapes 640 E Ocean Ave Unit 8, Boynton Beach, FL 33435 9/7/2023 59 Link Jewelry Inc. 640 E Ocean Ave, Boynton Beach, FL 33435 9/7/2023 60 Endless Ups 639 E. Ocean Avenue 7/13/2023 61 Genesis Community Health 639 E. Ocean Ave Suite 409 7/13/2023 62 Mark Januschewski 639 e ocean ave #402 7/13/2023 63 Moloney Securities Co.639 e ocean ave 7/13/2023 x 64 Saturn Street Music 639 e ocean ave #109 7/13/2023 65 Steven E. Myott 639 E. Ocean Ave suite 403 7/13/2023 66 Strategic Legal Web 639 E. Ocean Ave. Suite 201 7/13/2023 1076 Attachment I BBCRA Area Businesses and SMOP Businesses Quarterly Contact Log Business Address Last Contact Registered in SMOP 67 Veritas Legal Plan 639 E Ocean Ave #205 7/13/2023 68 Boynton Beach Boat Rental Marina,Boynton Beach FL 33435 6/2/2023 69 Miller Time Charter Marina, Boynton Beach, FL 33435 6/2/2023 70 AIRCOMO 800 NE 3rd street 5/18/2023 71 Boynton Auto Repair & Transmission 409 n railroad ave 5/18/2023 72 Hercules Roofing 421 NE 7th Ave 5/18/2023 73 Jireh Motorsport 403 NE 6TH AVE 5/18/2023 74 Leroy Affordable Paint and Body 817 b north railroad ave 5/18/2023 75 Lutheran Services Florida Head Start 909 NE 3rd St 5/18/2023 76 Mario Ferazzoli & Son 419 NE 4th Ave 5/18/2023 77 Meineke 319 E. Boynton Beach Blvd 5/18/2023 x 78 Ocean Architectural 800 NE 3rd street 5/18/2023 79 One Stop Auto 502 NE 3rd Street 5/18/2023 80 Pioneer Auto Care 401 N. Railroad Avenue 5/18/2023 81 Pugh Pools, LLC 313 N. Railroad Avenue 5/18/2023 82 Seal Tile Plumbing 406 ne 3rd ave 5/18/2023 83 Taylor pneumatic Tool Company 505 n railroad ave 5/18/2023 84 USA Collision Center of Boynton Beach 905 N. Railroad Avenue 5/18/2023 85 Welch Plastering 716 NE 3rd street 5/18/2023 86 Zuccala's Wrecker Service 905 n railroad ave 5/18/2023 87 The Seed 1600 N Federal Hwy, Boynton Beach FL 33435 5/15/2023 x 88 Sir Cutz Barbershop 558 E Woolbright Rd, Boynton Beach, FL 33435 5/6/2023 x 89 Shiny Touch 1550 N Federal Hwy # 15, Boynton Beach, FL 33435 2/7/2023 x 90 Amar Bakery & Market 1600 N Federal Hwy #15, Boynton Beach, FL 33435 2/5/2023 x 91 Detail's Design 640 E Ocean Ave Unit 1, Boynton Beach, FL 33435 1/28/2023 92 Great Day Charter Marina, Boynton Beach, FL 33435 12/20/2022 93 Boynton Beach Parasailing Marina, Boynton Beach FL 33435 12/10/2022 x 94 Truist 1725 S Federal Hwy, Boynton Beach, FL 33435 12/1/2022 x 95 500 Ocean Café 510 E Ocean Ave #107, Boynton Beach, FL 33435 9/7/2022 x 96 E&C's Beauty Salon 500 Suite 102 E Ocean Ave, Boynton Beach FL 33435 9/7/2022 x 97 Nicholson Muir Meats 480 E Ocean Ave, Boynton Beach, FL 33435 7/27/2022 x 98 The Blossom Shoppe 402 E Ocean Ave Boynton Beach FL 33435 7/27/2022 x 99 Benchmark Painting 432 W Boynton Beach Blvd, Boynton Beach, FL 33435 6/17/2022 x 1077 Attachment I BBCRA Area Businesses and SMOP Businesses Quarterly Contact Log Business Address Last Contact Registered in SMOP 100 AT&T 538 E Woolbright Rd #205, Boynton Beach, FL 33435 6/14/2022 101 Eye & Ear 514 E Woolbright Rd, Boynton Beach, FL 33435 6/14/2022 102 The Zoo Fitness 538 E Woolbright Rd #200, Boynton Beach, FL 33435 6/14/2022 x 103 Billable Hours Charter Marina, Boynton Beach FL 33435 6/6/2022 104 Baciami 1415 S Federal Hwy Boynton Beach FL 33435 4/22/2022 x 105 Slouvaki Fast 305 E Woolbright Rd, Boynton Beach, FL 33435 4/22/2022 106 Tipsy Nail Salon 1515 S Federal Hwy, Boynton Beach Fl 33435 4/22/2022 107 Tokio Ramen 1351 S Federal Hwy, Boynton Beach, FL 33435 4/22/2022 x 108 Tsunami Subs 309 E Woolbright Rd, Boynton Beach, FL 33435 4/22/2022 109 JMM Services 640 E Ocean Ave #15, Boynton Beach FL, 33435 3/25/2022 x 110 Property Damage Consultants 125 E Boynton Beach Blvd. Boynton Beach FL, 33435 3/15/2022 111 Shearology 100 NE 6th St #103, Boynton Beach, FL 33435 3/15/2022 112 Pro Day Fitness 1550 N Federal Hwy, Boynton Beach, FL 33435 2/21/2022 113 Your CBD Store 1600 N Federal Hwy #9, Boynton Beach, FL 33435 2/21/2022 x 114 Allstate Insurance Company 1260 S. Federal Highway, #102 1/20/2022 115 Aubrey K. Ewing, PH.D. & Associates, P1230 S. Federal Highway 1/20/2022 116 Bravo Security School, LLC 400 S. Federal Highway, Ste. 412 1/20/2022 117 Complete Home Care Registry, Inc. 1210 S. Federal Highway, Ste. 202 1/20/2022 118 Crystal Grams 400 S. Federal Highway, Ste. 389 1/20/2022 119 Exit Realty Partners 639 E. Ocean Avenue, Ste 109 1/20/2022 120 Funding Unlimited Group, LLC.1260 S. Federal Highway, #202 1/20/2022 121 Hospital Without Walls 1200 S. Federal Highway, Unit 301 1/20/2022 122 Joseph C. Gretzula D.O., F.A.A.D.100 N.E. 6th Street, Ste. 104 1/20/2022 123 Mark Januschewski P.A. 639 E. Ocean Avenue, Unit 402 1/20/2022 124 Morris Wealth Advisory Group 1260 S. Federal Highway, Unit. 201 1/20/2022 125 Pathways To Prosperity 639 E. Ocean Avenue, Unit 101 1/20/2022 126 Taylor, Gratton & Beaumont, LLC 1260 S. Federal Highway, #101 1/20/2022 127 The Hair Garden, Inc. 1100 S. Federal Highway, Ste. 8 1/20/2022 128 Thomas Corwell, LMHC, LMFT, Cht 1200 S. Federal Highway, Unit 301 1/20/2022 129 Town Square Dentistry 1250 S. Federal Highway, Ste. 101 1/20/2022 130 Tuttle Isdith Architecture 1100 S. Federal Highway, Ste. 2 1/20/2022 131 Veraco 639 E. Ocean Avenue, Ste 305 1/20/2022 132 Wiiliam Manikas 639 E. Ocean Avenue, Ste 307 1/20/2022 1078 Attachment I BBCRA Area Businesses and SMOP Businesses Quarterly Contact Log Business Address Last Contact Registered in SMOP 133 Banana Boat 739 E Ocean Ave, Boynton Beach, FL 33435 12/10/2021 134 Studio Glo Salon & Spa 413 S Federal Hwy, Boynton Beach, FL 33435 11/30/2021 x 135 Crown Wine & Spirits 532 E Woolbright Rd, Boynton Beach FL 33435 10/22/2021 136 Sol Oasis 408 East Ocean Ave Unit 2, Boynton Beach, FL 33435 10/22/2021 137 South Florida Marine 725 N Federal Hwy, Boynton Beach, FL 33435 9/30/2021 x 138 The Mortgage Firm 319 E Woolbright Rd, Boynton Beach FL 33435 9/30/2021 x 139 Deck & Drive 605 NE 3rd St, Boynton Beach, FL 33435 6/30/2021 x 140 Le Petit Pain 410 E Boynton Beach Blvd, Boynton Beach, FL 33435 6/30/2021 x 141 Boca Babes 100 NE 6th St, Boynton Beach, FL 33435 6/17/2021 x 142 Boynton Diner 500 E Woolbright Rd, Boynton Beach, FL 33435 6/17/2021 143 The Qure Barber 454 N Federal Hwy, Boynton Beach, FL 33435 6/17/2021 x 144 Boulevard Paints 618 E Ocean Ave, Boynton Beach, FL 33435 6/14/2021 145 Original Barber 404 E Ocean Ave, Boynton Beach, FL 33435 6/14/2021 146 Posh Properties 100 S Federal Hwy, Boynton Beach, FL 33435 6/14/2021 x 147 DIY 524 E Woolbright Rd, Boynton Beach, FL 33435 6/2/2021 148 Fancy Nails 564 E Woolbright Rd, Boynton Beach, FL 33435 6/2/2021 149 Pet Supermarket 570 E Woolbright Rd, Boynton Beach FL 33435 6/2/2021 150 Pure Barre 522 E Woolbright Rd, Boynton Beach, FL 33435 6/2/2021 151 Sage Dental 556 E Woolbright Rd, Boynton Beach, FL 33435 6/2/2021 152 Benvenuto Restaurant & Banquet Facility 1730 N Federal Hwy Boynton Beach FL, 33435 3/18/2021 153 Colonial Vet 2235 N Federal Hwy, Boynton Beach, FL 33435 3/18/2021 x 154 Inlet Inn Motel 1900 N Federal Hwy. Boynton Beach FL, 33435 3/18/2021 155 New Inspiration Beauty Salon Inc.1896 N Federal Hwy. Boynton Beach FL, 33435 3/18/2021 156 Powerhouse Financial, LLC 200 Knuth Rd., Ste 236, Boynton Beach FL, 33435 3/18/2021 157 Shell Gateway 2360 N Federal Hwy. Boynton Beach FL, 33435 3/18/2021 158 The Source 561 Multimedia 1848 N Federal Hwy. Boynton Beach FL, 33435 3/18/2021 159 Caribbean Meat Market 530 Gateway Blvd. Boynton Beach FL, 33435 3/11/2021 160 Chez Elda 544-4 E Gateway Blvd. Boynton Beach FL, 33435 3/11/2021 161 E&M Fashion Sultry, Inc.2420 NE 2nd Ct Boynton Beach FL, 33435 3/11/2021 162 Fortune Hair & Accessories E Gateway Blvd. Boynton Beach FL, 33435 3/11/2021 163 KWIK Stop 524 E Gateway Blvd. Boynton Beach FL, 33435 3/11/2021 164 Planet the Barber 544-6 East Gateway Blvd. Boynton Beach FL, 33435 3/11/2021 1079 Attachment I BBCRA Area Businesses and SMOP Businesses Quarterly Contact Log Business Address Last Contact Registered in SMOP 165 S&S Stop & Shop 566 E Gateway Blvd. Boynton Beach FL, 33435 3/11/2021 166 Mak Lash & Beauty 618 E Ocean Ave, Boynton Beach, FL 33435 2/9/2021 167 4 Reel Services 332 W Boynton Beach Blvd Suite 1, Boynton Beach, FL 33435 2/5/2021 x 168 Capt. Frank's Seafood 435 W Boynton Beach Blvd. Boynton Beach FL, 33435 2/5/2021 169 Catholic Charities/State of Florida Dep 212 E Boynton Beach Blvd Boynton Beach FL, 33435 2/5/2021 170 Chevron 217 N Federal Hwy, Boynton Beach, Fl 33435 2/5/2021 171 CVS 301 N Federal Hwy, Boynton Beach, Fl 33435 2/5/2021 172 DJ's Grill 301 E Boynton Beach Blvd, Boynton Beach, FL 33435 2/5/2021 173 DM Traffic School 409 E Boynton Beach Blvd, Boynton Beach, FL 33435 2/5/2021 174 Express Food Beverage 103 Boynton Beach Blvd. Boynton Beach FL, 33435 2/5/2021 175 First Baptist Boynton 301 N Seacrest Blvd. Boynton Beach FL, 33435 2/5/2021 176 Insurance World 407 W Boynton Beach Blvd. Boynton Beach FL, 33435 2/5/2021 177 Main Street Car Wash 201 E Boynton Beach Blvd, Boynton Beach, FL 33435 2/5/2021 178 Manbo Vivi/St. Jacques Botanica 109 E Boynton Beach Blvd. Ste. K Boynton Beach FL, 33435 2/5/2021 179 Meineke 319 E Boynton Beach Blvd. Boynton Beach FL, 33435 2/5/2021 180 My Future, Inc.213 W Boynton Beach Blvd. Boynton Beach FL, 33435 2/5/2021 181 One Plant 202 E Boynton Beach Blvd, Boynton Beavh, FL 33435 2/5/2021 182 Oriental Asclepius, Inc. 209 W Boynton Beach Blvd. Boynton Beach FL, 33435 2/5/2021 183 Randall L. Ebling, D.C, P.A.209 W Boynton Beach Blvd. Boynton Beach FL, 33435 2/5/2021 184 Superb Signs & Stamps 301 NW 1st Street Boynton Beach FL, 33435 2/5/2021 185 Ti Manmi's Kitchen 306 E Boynton Beach Blvd. Boynton Beach FL, 33435 2/5/2021 186 Vapor Rocket 416 E Boynton Beavh Blvd, Boynton Beach, FL 33435 2/5/2021 187 Sea Mist 700 Casa Loma Blvd, Boynton Beach, FL 33435 2/1/2021 x 188 AAA Mobile Auto Repair 302 W Boynton Beach Blvd, Boynton Beach, FL 33435 1/29/2021 189 Canna Wellness Center 432 W Boynton Beach Blvd, Boynton Beach, FL 33435 1/29/2021 190 Gator Agent 444 W Boynton Beach Blvd, Boynton Beach, FL 33435 1/29/2021 191 Imperial Insurance 322 W Boynton Beach Blvd, Boynton Beach, FL 33435 1/29/2021 192 LCS Master Construction 322 W Boynton Beach Blvd, Boynton Beach, FL 33435 1/29/2021 193 Lighthouse Academy & Child Center 202 W Boynton Beach Blvd, Boynton Beach, FL 33435 1/29/2021 194 Local Services 140 W Boynton Beach Blvd, Boynton Beach, FL 33435 1/29/2021 195 Premier Medical Center 326 W Boynton Beach Blvd, Boynton Beach, FL 33435 1/29/2021 196 The Inn 480 W Boynton Beach Blvd, Boynton Beach, FL 33435 1/29/2021 197 The Club at Boynton Beach 623 S Federal Hwy, Boynton Beach FL, 33435 12/8/2020 1080 Attachment I BBCRA Area Businesses and SMOP Businesses Quarterly Contact Log Business Address Last Contact Registered in SMOP 198 Air-tight LLC 1300 W Industial Ave #103, Boynton Beach, FL, 33435 11/6/2020 199 Alenac Aluminum & Glass 1300 W Industrial Ave #104, Boynton Beach FL, 33435 11/6/2020 200 All Makes Motorcycle Shop 1370 W Industrial Ave #119, Boynton Beach FL, 33435 11/6/2020 201 Aluminum Glass & Door Inc 1300 W Industrial Ave #102, Boynton Beach FL, 33435 11/6/2020 202 Anzo Headquarters 1300 W Industrial Ave #105, Boynton Beach FL, 33435 11/6/2020 203 Blue Stone Marble & Granite 1370 W Industrial Ave #114, Boynton Beach FL, 33435 11/6/2020 204 Bob Irsay Irrigation Design 1370 W Industial Ave #106, Boynton Beach FL, 33435 11/6/2020 205 Home Racer 1300 W Industrial Ave #108, Boynton Beach FL, 33435 11/6/2020 206 HW Studio 1370 W Industrial Ave #108, Boynton Beach FL, 33435 11/6/2020 207 MOVE Fitness 1330 W Industrial Ave #102, Boynton Beach FL, 33435 11/6/2020 208 Palm Beach Dyno 1330 W Industrial Ave #101, Boynton Beach FL, 33435 11/6/2020 209 RareFab 1330 W Industrial Ave #105, Boynton Beach FL, 33435 11/6/2020 210 The Furniture Farm 1370 W Industrial Ave #114, Boynton Beach FL, 33435 11/6/2020 211 The Owen Group 1300 W Industrial Ave #101, Boynton Beach FL, 33435 11/6/2020 212 Total Power Electric 1330 W Industrial Ave #107, Boynotn Beach FL, 33435 11/6/2020 213 Watson Upholstery 1370 W Industial Ave #104, Boynton Beach, FL 33435 11/6/2020 214 Starbucks Coffee 1620 S Federal Hwy Suite A, Boynton Beach FL, 33435 11/5/2020 215 Orci Counseling Center 1080 S Federal Hwy, Boynton Beach FL, 33435 11/4/2020 x 216 AA Alpine Storage 860 W Industrial Ave, Boynton Beach, FL 33435 11/2/2020 217 Clean Air Experts 1040 W Industrial Ave #1, Boynton Beach, FL 33435 11/2/2020 218 Cosmos Muffler House 1240 W Industrial Ave #1, Boynton Beach, FL 33435 11/2/2020 219 Euro Auto Service 1220 W Industrial Ave, Boynton Beach, FL 33435 11/2/2020 220 Ocean Architechtural Sheet Metal 870 W Industrial Ave, Boynton Beach, FL 33435 11/2/2020 221 Ocean Outboards Inc. 1240 W Industrial Ave #7, Boynton Beach, FL 33435 11/2/2020 222 Southern Pine Lumber 1100 W Industrial Ave, Boynton Beach, FL 33435 11/2/2020 223 The Paving Lady 1000 W Industrial Ave, Boynton Beach, FL 33435 11/2/2020 224 Vermeer Southeast 1060 W Industrial Ave, Boynton Beach, FL 33435 11/2/2020 225 Vincent & Sons Landscaping 1040 W Industrial Ave #3, Boynton Beach, FL 33435 11/2/2020 226 Xtreme Performance Marine 1040 W Industrial Ave #8, Boynton Beach, FL 33435 11/2/2020 227 Apex Network Therapy 906 S Federal Hwy Suite B, Boynton Beach FL, 33435 10/19/2020 x 228 Expert Closet & Door 632 E Ocean Ave, Boynton Beach FL 33435 9/20/2020 229 Chinatown Chinese 534 E Woolbright Rd, Boynton Beach, FL 33435 9/16/2020 230 Oyer, Macovik, and Associates 511 E Ocean Ave, Boynton Beach, FL 33435 9/10/2020 1081 Attachment I BBCRA Area Businesses and SMOP Businesses Quarterly Contact Log Business Address Last Contact Registered in SMOP 231 Reed, Griffith & Moran 630 E Ocean Ave, Boynton Beach, FL 33435 9/10/2020 232 Shack by the Tracks 1017 N Federal Hwy, Boynton Beach, FL 33435 8/28/2020 233 Chiropractor 112 S Federal Hwy, Boynton Beach, FL 33435 8/16/2020 234 Tropical Troy's 640 E Ocean Ave Unit 6, Boynton Beach, FL 33435 8/15/2020 235 Underwater Explorers 728 Casa Loma Blvd, Boynton Beach, FL 33435 8/7/2020 x 236 Bond & Smolder Bakery 1622 S Federal Hwy, Boynton Beach, FL 33435 7/24/2020 237 Flora Beauty Supply 1600 N Federal Hwy, Boynton Beach FL 33435 7/2/2020 x 238 Prime Catch 700 E Woolbright Rd, Boynton Beach, FL 33435 7/2/2020 239 Stretch Zone 311 E Woolbright Rd, Boynton Beach, FL 33435 7/2/2020 240 Inlet Inn Motel 1900 N Federal Hwy, Boynton Beach, FL 33435 6/1/2020 x 241 Ridgeway Plumbing 640 Industrial Ave. Boynton Beach FL 33435 10/19/2019 x 242 Terre Noire Properties 100 NE 6th St, Boynton Beach, FL 33435 9/5/2019 x 243 Sushi Simon 1614 S Federal Hwy, Boynton Beach, FL 33435 6/2/2019 244 Florida Native Bait & Tackle 1824 Federal Hwy, Boynton Beach FL 33435 5/28/2019 245 JCS Realty Corperation 802 N Federal Hwy Boynton Beach FL 33435 5/28/2019 x 246 The Kings Learning Center 101 NE 5th Ave, Boynton Beach, FL 33435 4/28/2019 x 247 Boynton Beach Stretch 311 E Woolbright Rd, Boynton Beach, FL 33435 1/10/2019 248 Boynton Beach Art District W Industrial Ave, Boynton Beach FL 33435 12/10/2018 249 Bank of America 574 E Woolbright Rd, Boynton Beach FL 33435 11/27/2018 250 Easy Pedestal 817 N Railroad Ave Boynton Beach FL 33435 10/1/2018 251 Tropical Island Restaurant 400 E Boynton Beach Blvd, Boynton Beach, FL 33435 8/23/2018 252 Crystal Garden 2610 N Federal Hwy, Boynton Beach, FL 33435 8/13/2018 253 Podiatry 112 S Federal Hwy, Boynton Beach, FL 33435 8/6/2018 254 Travel Agent 112 S Federal Hwy, Boynton Beach, FL 33435 8/6/2018 255 Cooperative Real Estate 420 W Boynton Beach Blvd, Suite 15 Boynton Beach FL 33435 7/24/2018 x 256 Healing Hearts 222 W Boynton Beach Blvd, Boynton Beach, FL 33435 7/23/2018 x 257 Miller Land Planning 508 E Boynton Beach Blvd, Boynton Beach FL 33435 7/20/2018 x 258 Allstate 622 N Federal Hwy, Boynton Beach, FL 33435 5/4/2018 259 Hour Cucina 411 S Federal Hwy, Boynton Beach Fl 33435 2/2/2018 x 260 Woolbright Petroleum LLC Liberty 1601 S Federal Hwy, Boynton Beach, FL 33435 1/15/2018 x 1082 Attachment II One-on-one Social Media Assistance The BBCRA SMOP program continued one-on-one assistance for local businesses. The program assisted Blueheart Adult Day Care Center in establishing an online presence on Google, Facebook and their website. As a new business, this has helped them with public awareness in the Boynton Beach Community. Google 1083 Facebook Website 1084 The BBCRA SMOP program launched a program focused on creating reels for our local businesses to highlight and spread awareness about new and existing businesses in the BBCRA Area. This has proven to be extremely successful with peak engagement on video content for this quarter. Kabuki 1085 Rok Prime Korean BBQ 1086 Capt. Franks Seafood Market 1087 As always, the SMOP program assisted the BBCRA Area based businesses by sharing seasonal and holiday specials. These are some of the most engaged-with posts on the BBCRA social media pages. 1088 1089 Attachment III Boynton Beach Insider Blog Posts October 2024 through December 2024 July 22 , 2022 10/1/2024 Healing Heart Veterinary Clinic: Your Trusted Pet Care Provider Are you looking for a compassionate, natural care provider for your fur babies? Healing Heart Veterinary Clinic is that place – a trusted local clinic that is dedicated to providing compassionate care for pets in our community. Healing Heart Veterinary Clinic, offers a wide range of specialize services in holistic veterinary medicine, that are designed to support your pet’s overall health and well - being. By integrating conventional therapy with holistic modalities such as Chiropractic, 1090 Homeopathy, Acupuncture, BodyTalk, NAET, Cold Laser, Ozone Therapy, Dental Care, Pool Therapy, Nutrition Counseling, etc. the experienced team can address the health needs of every pet in a comfortable and welcoming environment. At Healing Heart Veterinary Clinic, their energy healing methodologies replenish, unblock and link the body’s own electromagnetic flow thereby allowing for the power of self-healing to take place. The clinic’s approach goes beyond treating symptoms, rather they foster long -term health and happiness for pets. Their compassionate team takes the time to understand each pet’s unique needs to ensure that their personalized plans can fit the lifestyle and preferences of the owners. Schedule your appointment today and experience the difference in holistic care! 1091 10/1/2024 Discover the Dining Gems at Boynton Harbor Marina Are you looking for the perfect spot to enjoy both a meal and a beautiful view? One of the standout features of Boynton Harbor Marina is the beautiful waterfront dining along the Intracoastal Waterway. Whether you’re a seafood lover, or looking for a laid-back spot to relax, there’s something for everyone at the Marina. The Marina is home to three restaurants that offer a variety of menu items, refreshing drinks, and outdoor seating that allows guests to take in scenic views while dining. At Two Georges, you can savor some delicious seafood, with specialties like Maryland crab cakes and local-caught fish. The thatch-roofed restaurant and island-inspired décor will have you feeling like you’ve been transported straight to the Keys. Enjoy live music along their dock front Friday through Sunday. Across the marina docks, Banana Boat offers both indoor seating and a covered patio with panoramic views of the waterway and bustling boat traffic. With 250 feet of boat dockage, it’s a perfect spot for boaters to stop by, grab a cocktail at the patio bar, and enjoy live music on the weekends with an ocean breeze. 1092 For those on the go, the cozy Marina Café serves breakfast all day and lunch specials, catering to marina guests and residents. Conveniently located in Marina Village, it’s an ideal spot to grab a quick bite or coffee before heading out on one of the marina’s recreational charters. 1093 Boynton Harbor Marina’s waterfront dining offers a little something for everyone, making it a perfect destination for locals and visitors alike. Don’t delay, dine today! 1094 10/1/2024 In Boynton Beach we dance to a different tuna! Sushi Simon is a staple in the BBCRA area, they are known for their hand -crafted sushi, fresh sashimi, unique rolls, and their quirky names. This local eatery prides themselves in delivering an exceptional dining experience. From classic to fusion creation s, they offer authentic sushi with the freshest ingredients. The warm and inviting atmosphere combined with their exceptional service made Sushi Simon a favorite for both local diners and sushi enthusiasts. The CBS 12 new show ARC Florida (A-uthentic R-elevant C-ommunity driven news) recently asked their audience where to find the best sushi in South Florida. Nearly 1,000 residents voted, naming our very own Sushi Simon as the best sushi in Palm Beach county with 58% of the votes. 1095 Experience the flavors that earned them this top spot! Whether you’re celebrating a special occasion or just looking for an unforgettable meal, Sushi Simon offers a phenomenal dining experience. Support local and learn why this local gem has earned the title of Best Sushi in South Florida. Visit them today at 1628 Federal Highway. 10/31/2024 Blueheart Adult Day Care Center Coming soon! Blueheart Adult Day Care Center is Boynton Beach’s new center for residents and caregivers who seek social and nutritional services for their elderly loved ones. Located at 709 Federal Highway, Unit 1, this new business understands the challenges caregivers face and is committed to easing their burdens by offering comprehensive support. 1096 Their facility is thoughtfully designed to cater to the daily life needs of their clients, ensuring they receive professional care in a compassionate setting. Adults attending Blueheart can look forward to a range of enriching activities, available Monday through Friday. These activities are designed not only to promote socialization and engagement but also to foster a sense of community among the participants. By focusing on both physical and emotional well-being, Blueheart Adult Day Care Center aims to be a trusted resource for families in our community, ensuring that caregivers and their loved ones have the support they need to thrive. The BBCRA is thrilled to have Blueheart Adult Day Care Center in Boynton Beach! The BBCRA Commercial Property Improvement Grant provided matching reimbursable funding in the amount of $3,500.00 for design fees and $25,000.00 for build -out including structural walls, signage, new flooring, paint, and plumbing. They also qualified for the BBCRA Commercial Property Rent Reimbursement Grant Program, which will provide $21,000 in rental assistance throughout their first year of business. 1097 10/31/2024 Get Fit and Fierce: Discover Boynton Beach’s Trilogy Fitness MMA It’s never too early to start working on your summer body! A brand-new gym will be opening soon in Boynton Beach that offers a dynamic range of training options, perfect for all ages and skill levels. Trilogy Fitness MMA, located in Ocean Palm Plaza at 1550 North Federal Highway, is ready to help you reach your fitness goals and unleash your ultimate potential. Trilogy Fitness will offer a variety of morning, evening, and weekend classes to cater to their clients availability. Their boxing, kickboxing, and MMA classes will help you build strength, agility, and confidence while learning effective techniques. While their group fitness classes are designed to keep you motivated and engaged, blending cardio and strength training for a full-body workout. For the younger athletes, Trilogy Fitness provides youth wrestling and youth MMA programs, encouraging discipline and teamwork in a fun, supportive environment. With expert coaches and a supportive 1098 community, you’ll find the perfect environment to challenge yourself, improve your skills, and achieve your fitness goals. As a grant recipient of the Commercial Property Improvement Grant, Trilogy Fitness MMA received matching reimbursable funding in the amount of $10,000 for design fees and $25,000 for new flooring, painting, electrical, plumbing, and structural walls. They also qualified for the BBCRA Commercial Property Rent Reimbursement Grant Program, which will provide $21,000 in rental assistance throughout their first year of business. Join them today and unleash your inner fighter! 1099 10/31/24 New Flavors to Savor in East Boynton Beach Nothing brings people together like good food! East Boynton Beach recently became home to three new dining spots that are turning up the flavor! Now is the time to grab your peeps to enjoy the exciting culinary creations at these exceptional restaurants. ROK Prime Korean BBQ Things are sizzling at ROK Prime Korean BBQ – literally! Dining here is an immersive experience with tabletop grills where you can cook a selection of prime meats and explore the rich flavors of banchan. Chef Michael finds so much joy in the kitchen and uses his culinary expertise to create an authentic dining experience making your visit truly memorable. Let the fun of grilling begin at ROK Prime Korean BBQ. Located at 1727 Federal Highway, and opens daily at noon. Be sure to check them out for your next dinner or lunch. Grand Opening & Ribbon Cutting Ceremony: Thursday, November 7th from 3:00 PM to 5:00 PM More information: ROKPrimeBBQ.com 1100 Safai If you’re looking to indulge in excellence, make a reservation at Safai. Food enthusiasts will appreciate every dish at Safai which has been crafted with precision, passion and expertise by Chef Bobby. Located in Casa Costa Plaza, Safai is a hidden gem for fine dining offering a scratch-made menu or a 9-course omakase tasting menu. Either option will lead you on a culinary journey showcasing Chef Bobby’s commitment to excellence. Reservations are encouraged by not required and free parking is always available in the adjacent parking garage located at 470 N. Federal Highway. Grand Opening & Ribbon Cutting Ceremony: Friday, November 8th at 6:00 PM More information: SafaiRestaurant.com 1101 Kabuki There is no hour better than happy hour at Kabuki, Boynton Beach’s new hot spot for drinks, sushi and tapas. Kabuki offers Thai and Japanese cuisines with exotic cocktails. With its spacious dining room and modern décor, Kabuki is the perfect place to host your next gathering. Whether you are looking for lunch specials, dinner or its daily happy hour, the menu is varied and offers both cooked and raw sushi options. The ambience at Kabuki cannot be beat. Located in One Boynton at 321 E. Woolbright Road, and open daily for lunch and dinner. Grand Opening & Ribbon Cutting Ceremony: Thursday, December 5th from 4:00 PM to 6:00 PM More information: KabukiWPB.com The BBCRA is proud to introduce these new dining experiences to the community. We are grateful to each restaurant for their investment in Boynton and we look forward to celebrating their success. Be sure to save the date for the upcoming Grand Openings & Ribbon Cutting Ceremonies so that you can support local and join us in giving each restaurant a warm welcome to Boynton Beach! 1102 12/5/2024 Shop Local This Holiday Season: Spread Cheer in Boynton Beach The holiday season is the perfect time to reflect on what makes our community special—and there’s no better way to celebrate than by supporting local businesses. In a world dominated by online shopping, choosing to shop local isn’t just a transaction — it’s an investment in Boynton Beach’s charm, vibrancy, and future. Here at the BBCRA, we proudly use #SupportLocal because we know it makes a difference. Shopping local goes beyond ticking off your holiday gift list; It empowers our neighbors, strengthens the local economy, and preserves what makes our city unique. Here are 8 meaningful reasons to shop local in Boynton Beach this holiday season: 1. Boost Local Jobs Holiday shopping at small businesses directly supports job creation for Boynton Beach residents. Whether it’s a boutique owner, a barista, or a server at a family -owned restaurant, your purchase helps sustain stable employment for our friends and neighbors. 2. Keep Money Circulating Locally Every dollar spent at a local business goes further—fueling salaries, supporting local suppliers, and funding public services. Local businesses reinvest a greater percentage of their revenue back into the community compared to national chains, making every holiday purchase a gift for Boynton Beach. 3. Support Local Causes 1103 Small businesses in Boynton Beach often champion local charities, schools, and community programs. By shopping with them, you are helping these initiatives flourish, creating a ripple effect of goodwill throughout the city. 4. Preserve Boynton Beach’s Unique Spirit Boynton Beach is known for its eclectic mix of shops, eateries, and services that reflect the heart and soul of the community. Shopping local keeps these businesses thriving, ensuring our city retains its unique charm and identity. 5. Empower Entrepreneurs Behind every local business is an entrepreneur with a passion for bringing something special to the community. Supporting these businesses during the holidays encourages innovation, creativity, and long-term success for Boynton Beach. 6. Shop Sustainably Local businesses are more likely to source their products locally, reducing the environmental impact associated with shipping and transportation. By shopping local, you’re making a greener choice this holiday season. 7. Enjoy Personalized Service Local businesses offer a level of care and attention you won’t find at big -box stores. Whether you’re looking for a thoughtful gift or planning a holiday dinner, Boynton Beach’s small business owners go above and beyond to make your experience memorable. 8. Strengthen Community Resources Every local purchase helps fund schools, roads, parks, and other essential services in Boynton Beach. Shopping local this holiday season is an investment in the community resources we all rely on. 1104 Boynton Beach has a vibrant small business scene, from cozy cafés and trendy boutiques to family-owned restaurants and specialty shops. Every dollar spent locally adds to the fabric of our community, helping it thrive and grow. This holiday season, make a choice that truly counts by exploring Boynton Beach’s unique local businesses. For local shopping inspiration, visit our business directory. Don’t forget to mark your calendar for our upcoming business promotional events, which will feature special opportunities to save money at local businesses. December 5, 2024 4:00 PM to 7:00 PM Snapshots with Santa at One Boynton 1351 Federal Highway December 7, 2024 4:00 PM to 9:00 PM Rock the Block 100 NE 4th Street December 12, 2024 4:00 PM to 7:00 PM Snapshots with Santa at Ocean Plaza 640 E. Ocean Avenue December 13, 2024 6:00 PM to 9:00 PM Boynton Beach Holiday Boat Parade 735 Casa Loma Blvd. December 19, 2024 1105 4:00 PM to 7:00 PM Snapshots with Santa at Boynton Harbor Marina 735 Casa Loma Blvd. 12/5/2024 The BBCRA Welcomes Three Dynamic New Businesses Boynton Beach is buzzing with excitement as three unique new businesses open their doors, adding fresh energy to the community. Whether you’re looking for specialized care, fitness opportunities, or exquisite dining experiences, these new ventures promise to deliver something special for everyone. Here’s a look at what’s coming to town: 1. Blue Heart Adult Day Care Compassionate Care with a Personal Touch Blue Heart Adult Day Care is a welcome addition for families seeking quality care for their loved ones. This new facility offers a safe and engaging environment for seniors and adults with special needs. Their specialized services include structured activi ties, therapeutic programs, and a focus on social connection to ensure that participants thrive. Blue Heart stands out by emphasizing personalized care and creating a true community for its members. Families can feel confident knowing their loved ones are supported and valued every day. 1106 Whether you’re seeking short-term care or a consistent program, Blue Heart Adult Day Care is poised to become a cornerstone of compassionate services in Boynton Beach. Grand Opening & Ribbon Cutting Ceremony: Check out the photos from the that was held for Blue Heart Adult Day Care on December 2nd. Location: 709 Federal Highway More Information: blueheartadc.com 2. Trilogy Fitness – MMA Gym for Adults and Kids Train Hard. Live Strong. For those looking to level up their fitness or introduce their children to the discipline of martial arts, Trilogy Fitness is the place to be. This MMA-focused gym offers classes for adults and kids alike, making it a family-friendly destination for physical and mental growth. From Brazilian Jiu-Jitsu to kickboxing, Trilogy Fitness boasts a variety of programs designed to suit beginners and seasoned athletes. With a team of experienced trainers, they emphasize not only technical skills but also the confidence and resilience that come with martial arts training. The gym’s vibrant energy and supportive community are already generating buzz. Whether you’re aiming for peak performance or just looking for a fun way to stay active, Trilogy Fitness will have you hooked. Grand Opening & Ribbon Cutting Ceremony: TBA Location: 1550 North Federal Highway More Information: trilogymmafit.com 3. Kabuki Fine Thai and Sushi Restaurant 1107 A Culinary Journey of Thai and Japanese Flavors Foodies, rejoice! Kabuki Fine Thai and Sushi Restaurant brings a fusion of bold flavors and artful presentation to Boynton Beach. This upscale dining destination combines traditional Thai dishes with expertly crafted sushi, offering an unforgettable culina ry experience. From savory curries and stir-fries to delicate sashimi and creative sushi rolls, Kabuki caters to every palate. The modern, inviting ambiance makes it perfect for a romantic date night, a family dinner, or a celebration with friends. Kabuki’s commitment to fresh ingredients and authentic preparation ensures every dish is a masterpiece. If you’re a fan of international cuisine, this restaurant is a must-visit. Ribbon Cutting Ceremony: December 5th from 5PM – 7PM Location: 321 East Woolbright Road More Information & Menu: kabukiwpb.com The arrival of Blue Heart Adult Day Care, Trilogy Fitness, and Kabuki Fine Thai and Sushi Restaurant showcases the diversity and growth of Boynton Beach. These businesses not only bring valuable services and experiences but also strengthen the community by creating new opportunities for connection. Be sure to visit and support these fantastic additions to the BBCRA area. They are more than just businesses—they’re a part of what makes Boynton Beach a vibrant place to live, work, and play! 1108 12/31/2024 Spectrum Innovations Studios Looking for a professional space to bring your creative ideas to life? Spectrum Innovations Studios located at 1370 W Industrial Avenue #113 is the new place in town for your next audio, video, or photography project. Their 1,200 square foot studio includes a 17x17x17 Cyc-wall with 4 Nova P600c Lights, Wi-Fi, staging area, dual hair and makeup station, seating area for crew, and a coffee machine. The space is welcoming and modern, but still highly functional. Spectrum Innovations Studios was carefully created with photographers, videographers, influencers, and content creators in mind. Whether you’re shooting a product, hosting a live stream, recording a podcast, or filming a music video, their versatile studio space provides the perfect environment. 1109 Each wall of the studio was curated for a different look. The south wall has a lime wash texture paint that creates an elegant neutral tone shooting area, while the northern wall has a darker limewash texture paint to create a more contrast environment. Th eir entire ceiling has a grid for professional level lighting and everything in the studio is modular and can be moved around as needed. Convenient location, flexible booking options, and expert support make it easy to focus on what matters most—your vision. Book your session today and create something extraordinary! 12/31/2024 Gandhi Health & Wellness Walk the path to better health in the new year with Dr. Kunal P. Gandhi, a board - certified family and functional medicine physician with over a decade of experience. Located at 630 E. Woolbright Road, Gandhi Health & Wellness offers a unique, patient- centered approach to healthcare that focuses on uncovering the root cause of your health concerns, instead of simply managing symptoms. 1110 1111 Whether you are dealing with hormonal imbalances, chronic illness, or general wellness concerns, Dr. Gandhi combines advanced diagnostic testing with holistic treatment plans tailored to your specific needs. With an emphasis on sustainable, natural therapies, you’ll be empowered to take control of your health and achieve lasting vitality. Gandhi Health & Wellness provides comprehensive care for individuals of all ages — from six months old and up. Their focus us to help you find balance and wellness, no matter where you are in your health journey. From specialized detox programs to treating conditions like Lyme disease and intestinal dysbiosis, their qualified team is here to support your long-term well-being. We are thrilled to have Gandhi Health & Wellness in Boynton Beach! The BBCRA Commercial Property Improvement Grant provided matching reimbursable funding in the amount of $25,000 for a complete interior build -out and $10,000 for the design fees. They also qualified for the BBCRA Commercial Rent Reimbursement Grant Program, which will provide $21,000 in rental assistance throughout their first year of business. Discover a holistic approach at Gandhi Health & Wellness, where they make your health their top priority. Book your consultation today! 12/31/2024 New Year, New Businesses! As we step into the new year, Boynton Beach is welcoming an array of innovative businesses that promise to enrich our community in health, wellness, and lifestyle. Here’s a look at three standout ventures that are making their debut: 1. Trilogy Fitness: Elevating Fitness and Combat Training 1112 Trilogy Fitness is setting a new standard for fitness enthusiasts and martial arts practitioners in Boynton Beach. As a premier MMA and fitness destination, Trilogy offers a dynamic mix of combat training, group fitness classes, and youth programs—all within an upscale, welcoming environment. Grounded in the pillars of integrity, respect, and discipline, Trilogy Fitness provides world-class coaching and a community-focused atmosphere. The facility features modern social areas and a retail zone stocked with fight gear and fitness apparel. Trilogy’s dedication to maintaining a clean and inspiring space extends to its support for local charity events, fostering a positive impact beyond its walls. Whether you’re a seasoned fighter or new to the gym, Trilogy Fitness is the place to achieve your fitne ss goals while building confidence and strength—all in the heart of Boynton Beach. Grand Opening & Ribbon Cutting Ceremony: January 16, 2025, starting at 5:00 PM Location: 1550 N. Federal Highway More Information: trilogymmafit.com 2. The Ark Grooming: A Haven for Your Furry Friends 1113 The Ark Grooming, a beloved local business with humble beginnings, has grown into a destination for dog grooming, daycare, and boarding. What started in a one -car garage in 2019 has blossomed into a state-of-the-art facility designed with your pup’s happiness and well-being in mind. 1114 With a strong foundation of love and excellence, The Ark Grooming offers a unique spa experience and plenty of space for dogs to play, run, and enjoy the outdoors. Their commitment to providing personalized care ensures that every furry friend receives top - notch grooming and loving attention. Whether it’s a quick nail trim or an extended stay, The Ark Grooming is dedicated to creating a positive and safe environment for your pets. Grand Opening & Ribbon Cutting Ceremony: January 24, 2025, from 5:00 PM to 6:30 PM “Yappy Hour” Location: 1406 N. Federal Highway More Information: thearkdogservices.com 3. Gandhi Health & Wellness: Empowering Optimal Health 1115 1116 Gandhi Health & Wellness is redefining healthcare by focusing on the root causes of health issues. Under the leadership of Dr. Kunal P. Gandhi, a board -certified family and functional medicine practitioner, this practice takes a holistic approach to wellne ss. By addressing underlying conditions like hormonal imbalances, intestinal dysbiosis, and Lyme disease, Gandhi Health & Wellness offers personalized care plans that include advanced laboratory testing and specialized detox programs. Dr. Gandhi’s expertise and dedication to uncovering the “why” behind health challenges make this clinic a beacon for those seeking comprehensive, individualized care. Whether you’re navigating complex health conditions or aiming to optimize your well - being, Gandhi Health & Wellness is here to empower your journey to better health. Grand Opening & Ribbon Cutting Ceremony: January 31, 2025, from 3:00 PM to 6:00 PM Location: 630 E. Woolbright Road More Information: gandhihealthandwellness.com These three businesses—Gandhi Health & Wellness, The Ark Grooming, and Trilogy Fitness—reflect the entrepreneurial spirit and community focus that helps to make Boynton Beach a thriving community. Be sure to check them out as they open their doors and bring exciting new opportunities to our area! 12/31/2024 Transform Your Home with Design Stop’s Expert Design and Remodeling Team Feeling like it’s time to revitalize your space? Design Stop is dedicated to bringing your vision to life with tailored solutions that blend functionality with style. From initial consultation to final installation, they are with you every step of the way, exceeding your expectations and delivering results that you will cherish for years to come. With over 25 years of experience transforming everyday spaces into extraordinary experiences, this family-owned business recently opened at 1505 Federal Highway. 1117 Design Stop was co-founded by Gigi Urkun, an interior architect, and Emin Urkun, a civil engineer, bringing together a unique blend of artistic vision and technical expertise. Their mission is to design environments that reflect your unique style and elevate your daily living. Their services include: Kitchen and Bath Remodeling • Custom design consultation to perfectly tailor your space • High-quality material selection for durability and aesthetic appeal • Professional installation with meticulous attention to detail Flooring • A vast selection of materials, colors, and styles • Professional installation with meticulous attention to detail • Guidance from our design experts to make the best choice for your home Interior Design Consultations • Tailored advice to align with your aesthetic and functional needs • Collaborative planning to ensure your ideas are perfectly executed • Access to exclusive products and materials to complement your design 1118 The BBCRA is proud to support Design Stop with the Commercial Rent Reimbursement Grant in the amount of $21,000.00 during their first year of business. Enjoy the seamless process, ensuring a hassle-free experience from concept to completion. Get a FREE estimate today! 1119 Attachment IV BBCRA Social Media Top Business Promotional Posts (10/1/24 - 12/31/24) 1120 1121 1122 Overall Facebook and Instagram interactions trended upward this quarter. With both platforms, there was an overall uptick around the time of the holidays when we heavily promoted local businesses. The BBCRA Facebook gained 319 new followers in the past quarter which was approximately 32% less than the previous quarter. 1123 BBCRA Social Media Posts (10/1/24 - 12/31/24) The following is a list of all BBCRA social media posts for the 1st Quarter. The BBCRA social media posts consist of a variety of BBCRA events and projects and programs, original content with information about BBCRA businesses, and shared posts from BBCRA businesses. In general, additional paid boosts or advertisement are used to highlight a special campaign or event in order to reach a broader audience. As a result, these promotions brings a higher number engagement. An alternative to paying for the paid advertisement is to vary the content of the post by using videos, trivia, contests, etc. in addition to the still photos or images. This quarter's social media data indicates: • Video content highlighting our local businesses performed best this quarter. • BBCRA development projects & district programs continue to perform extremely well without paid advertising. • The BBCRA Audience engaged the most this quarter with live streams of ribbon cuttings and BBCRA events. 1124 Post Content Date Reach Engagement 1125 Post Content Date Reach Engagement 1126 Post Content Date Reach Engagement 1127 Post Content Date Reach Engagement 1128 Post Content Date Reach Engagement 1129 Post Content Date Reach Engagement 1130 Post Content Date Reach Engagement 1131 Post Content Date Reach Engagement 1132 Post Content Date Reach Engagement 1133 Attachment V BBCRA Facebook 2024 4th Quarter Compared to 2024/2025 1st Quarter The graph below shows an increase in total Facebook interactions over the past 90 days. Posts with links were the #1 performer. Most ads that were published contained links. This was closely followed by video content which was not boosted with ad dollars. The graph below shows an increase total interactions with the BBCRA ’s Instagram page over the past 90 days, following the same trend as seen on Facebook. You can see in the graph below that reels (videos) outperformed photo posts. 1134 COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: February 11, 2025 CRA PROJECTS IN PROGRESS AGENDA ITEM 16.C SUBJECT: CRA Economic & Business Development Grant Program Update SUMMARY: The CRA's reimbursable Economic Development Grants provide 50% of the project costs in matching funding for rent and commercial property improvements. The grant programs continue to further the CRA's mission to activate vacant commercial space, assist businesses, create jobs and develop a vibrant downtown. Grant guidelines and applications can be downloaded from the CRA website www.boyntonbeachcra.com. Below is a status report of the CRA's Economic Development Grant Programs and Business Development activities for FY 2024-2025: FY 2024-2025 Budget $600,000 Grants Awarded Since October 8, 2024 ($358,671.48) Remaining Fund Balance as of 2/4/25: $241,328.52 List of CRA Board approved Economic Development Program Grantees since October 8, 2024: Business Name Address Grant Grant Amount Chow Hut LLC 425 NE 4th Street Property Improvement $25,000 Design Stop LLC 1505 S. Federal Highway Rent Reimbursement $21,000 Spectrum Innovations Inc.1300 W. Industrial Avenue, Unit 113 Rent Reimbursement $11,700 1135 The Meaning Channel Group LLC 1210 S. Federal Highway, Unit 101 Rent Reimbursement $15,750 Thai Venture Group LLC d/b/a Kabuki Sushi Thai Tapas 321 E. Woolbright Road Rent Reimbursement Property Improvement $84,000 Loveli Tea LLC 306 E. Boynton Beach Boulevard Rent Reimbursement Property Improvement $56,000 EGVV LLC d/b/a Paloma Mexican Restaurant 510 E. Ocean Avenue, Unit 105 Rent Reimbursement $24,000 Pending February 11, 2025 Board Approval DSS Restaurant Management Inc. d/b/a Two Georges 728 Casa Loma Boulevard Property Improvement $59,750 Robinson BBQ Inc.132 E. Martin Luther King Jr. Boulevard Property Improvement $27,900 Bungalow at Boynton LLC d/b/a The Bungalow Bar & Grill 511 NE 4th Street Rent Reimbursement $24,000 The Meaning Channel Group LLC 1210 S. Federal Highway, Unit 101 Property Improvement $9,571.48 List of new Business Tax Receipts issued in the CRA boundaries in January 2025: Business Name Address Business Use Imagine Research of Palm Beach 709 S Federal Hwy, Suite 2 Medical Office Chips Ahoy Charters LLC 735 Casa Loma Blvd Boating Chartering Real Solutions Home Health 500 Gulfstream Blvd 106 Home Healthcare Eliza Custom Draperies Inc 500 Gulfstream Blvd 104 Drapery Business Tipsy Salon of Boynton LLC 1515 S Federal Hwy Nail Salon FISCAL IMPACT: FY 2024-2025 Budget, Project Fund, Line Item 02-58400-444, $600,000 CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: No action is required at this time unless otherwise determined by the CRA Board. 1136 •Attachment I - NOP 1st Quarterly Report •Attachment II - Crime Stats •Attachment III - Executed Fourth Amendment to the Interlocal Agreement Between the City and CRA for NOP Operations Funding •Attachment IV - NOP FY 2024-2025 Budget COMMUNITY REDEVELOPMENT AGENCY BOARD MEETING OF: February 11, 2025 CRA PROJECTS IN PROGRESS AGENDA ITEM 16.D SUBJECT: Neighborhood Officer Program 1st Quarter Report for FY 2024-2025 (October 2024 - December 2024) SUMMARY: The CRA funded Neighborhood Officer Program (NOP), in partnership with the Boynton Beach Police Department, has submitted their Unit Activity Report for the 1st Quarter (October 1 - December 30) Fiscal Year 2024-2025, along with the Crime Stats for the same time period (see Attachments I-II). The NOP Quarterly report is required under the the funding terms of the Interlocal Agreement between the CRA and the City of Boynton Beach for FY 2024-2025 (see Attachment III). The FY 2024-2025 NOP Budget is provided as Attachment IV. FISCAL IMPACT: FY 2024-2025 Budget, Project Fund 02-58500-460: $858,406 CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan, Heart of Boynton District (pages 105- 118) CRA BOARD OPTIONS: No action is required at this time unless otherwise determined by the CRA Board. ATTACHMENTS: Description 1137 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY NEIGHBORHOOD OFFICER POLICING PROGRAM Quarter 1 Fiscal Year 2025 Quarterly Report October 1, 2024 to December 31, 2024 1138 2 TABLE OF CONTENTS I. Community Oriented Policing Defined page 3 II. Quarterly Report Requirements page 3 III. CRA & Boynton Beach Police ILA Activities page 4 IV. Neighborhood Officer Program (NOP) • NOP Organizational Chart page 5 • Mission Statement & Tasks page 5 • Officers Quarterly Work Hours page 7 • Significant Quarterly Activities by week page 8 • Photos – Community Events & Business Walks page 19 • CRA Area Crime Statistics page 25 1139 3 Community Oriented Policing Defined Community policing definitions typically focus on three components that characterize many programs: some level of community involvement and consultation; decentralization, often increasing discretion to line-level officers; and problem solving. Because community policing is focused on close collaboration with the community and addressing community problems, it has often been seen as an effective way to increase citizen satisfaction and enhance the legitimacy of the police and the evidence is supportive in this regard. A major goal of this proposed neighborhood officer program is to cultivate high levels of mutual trust, understanding and respect between police and the residents of the neighborhoods they patrol and to ensure there is a visible presence of police in the community. In order to achie ve this, it is necessary that these Community Partners develop relationships which transcend the confines of ordinary community policing activities and instead focuses upon building sustainable problem- solving partnerships. Additionally, the building of problem-solving partnerships and substantive relationships with invested members of the community will lead to a greater understanding of some of the challenges members of the public face and help the police department garner unique insights which might aid in addressing these challenges. This program helps effectively integrate police personnel into the fabric of our community. Reducing crime and disorder and improving the quality of life within historically blighted neighborhoods requires the development of these types of productive and meaningful relationships between citizens and representatives of their local government. As the most visible and accessible municipal agency, police personnel are uniquely postured to serve as a catalyst to an array of city services, community resources and organizations which can aid those in need as they work to better their circumstances and work in concert with other Community Partners to confront the challenges they identify within the community. Quarterly Report Requirements: The scope of this quarterly report is to fulfill the Program requirements set forth in the Inter-Local Agreement (ILA) between the City of Boynton Beach and the Boynton Beach Community Redevelopment Agency (CRA); whereas the CRA shall be provided a written report outlining the following: • Hours worked by the Program Officer; • Name, rank and badge number of Program officers who have worked the Program during the reporting period; • Activities undertaken to achieve the goals of the Program; and • Crime statistics for the reporting period 1140 4 CRA & BOYNTON BEACH POLICE DEPARTMENT ILA ACTIVITIES • The Boynton Beach CRA and the City will provide a visible base of operations for this Program located at 119 E. Martin Luther King Jr. Blvd. Unit #8, which will act as a neighborhood storefront police station (Under Construction). • Police personnel assigned to this Program will be assigned within the CRA area. • Assist with public education and crime prevention within the CRA area. • Identify neighborhood specific problems and help with the coordination of other City services to resolve the issues. • Implement the use of an automatic license plate reader (ALPR) as an intelligence gathering platforms. • On a quarterly basis, the Police Department shall provide the CRA with crime statistics for the CRA area along with data gathered by the ALPR and a GIS map identifying where crimes are occurring in the area. • Police personnel assigned to this unit shall patrol: (a) On foot, (b) on bicycle, or (c) on Segway vehicles, (d) on golf carts, or (e) other department issued vehicles. • Police personnel assigned to this function shall work a minimum of 40 hours a week. Twenty of these hours should be spent being visible in the community, building relationships, collecting information and providing resources and information to residents and business owners who seek to promote positive change within their neighborhood. Specific emphasis should be given to those actions which will contribute to the attainment of the goals established with Community Partners such as but not limited to attend regularly scheduled Community Partners’ meetings and establish attainable goals with measurable outcomes with Community Partners. • The schedule for these Police personnel shall not be set, established or publicly posted. Their presence should be anticipated at any time by those who may be disrupted by their integration into the CRA area. • Police personnel assigned to this function will be furnished with either cell phones or, at minimum, voicemail accounts, which will be used to correspond with police personnel directly. CRA staff shall be provided with a list of these phone numbers and protocol for telephone contact or dissemination of information by the CRA to the Officers assigned to the Program. • CRA staff shall be informed of the Neighborhood Officers hours on a regular basis. • The CRA shall be provided with an organizational chart of the Officers assigned to the Program listing rank, badge numbers and years of service. • The CRA shall be provided a quarterly written report outlining the following: o Hours worked by the Program Officer o Name, rank and badge number of Program officers who have worked the Program during the reporting period. o Activities undertaken to achieve the goals of the Program o Crime statistics for the reporting period. 1141 5 • The Police Department shall provide an annual written report summarizing the goals achieved along with a crime statistics report and associated map. Included in the report shall be recommendations for Program changes for the next fiscal year. • Funding for the Neighbor Officer Policing Program shall be at the discretion of the CRA Board and appropriated annually. • While the CRA will provide funding to support this program, operational and supervisory control remains with the Police Department. CRA Officers & Organizational Chart: CRA Officers Mission Statement & Tasks: Mission Statement: The NOP Program is a collaborative commitment with the CRA to create a prosperous and vibrant downtown district while providing safety to the business owners, residents, and visitors. This will be accomplished by having motivated, interested, and engaged officers who know their business owners, clergy and residents and stay in tune and engaged with the community through regular face to face contacts. Through these contacts, crimes and community problems will be proactively and promptly addressed and enforced. When a community is well cared for and appropriately policed, it is more inviting to potential business owners, residents and guests and crime is collaboratively controlled through a whole of community approach. Tasks: • Solicit Trespass Agreements from all business in the CRAs district • Solicit retailers in the CRA’s district to sign up for the Telegram App. This app will be used as an information sharing mechanism between retailers and the department regarding theft suspects, vandals, trespassers etc. 1142 6 • Serve as the first line of engagement with business owners, citizens and guests to resolve needs and conflicts. • Monitor radio for in-progress crimes and nuisance calls in the CRAs District and respond and investigate those crimes. Specifically, CRA Officers are required to respond to all in progress calls to include but not limited to robberies, retail thefts, shootings, aggravated assaults & batteries, etc. • Instances of Public Nuisance have the potential to affect the health, safety, welfare, and/or comfort of the general public. Therefore, CRA Officers are required to address all observed and reported instance of public nuisance offenses, to include but not limited to public intoxication, public drinking, public urination and defecation, harassment, intimidation, and passing out in public places. • Patrol the CRA areas of the city with a positive solution-based approach. • With CRA input, identify people with significant influence within the community (members of the clergy, community activists, longstanding residents who are well- respected); work with them to cultivate partnerships and organize activities which will address the needs and challenges identified. • Work closely with Community Standards to identify and efficiently resolve code violations. • Collaborate with and develop relationships with city departments so that relevant community complaints can be promptly resolved or mitigated. • Monitor panhandlers and trespassers and take appropriate action to resolve the activity. • Utilize “My Boynton App” to log and monitor code violations and community concerns when the matter cannot be immediately addressed. • Partner with the agency’s victim advocate and community programs to provide outreach and assistance to the unhoused. • Attend monthly CRA meetings, events, and special meetings when assigned. 1143 7 CRA Officers quarterly work hours: The CRA Officers are assigned to work four (4) ten (10) hour shifts during a calendar week. During the quarter, the officers were assigned to work Monday to Thursday and Tuesday to Friday. The total number of eligible work hours per Officer in this quarter was 520 Hours. The table below depicts the officers’ individual time during the quarter: Officer Eligible Quarterly Normal Work Hours Road Patrol Hours Worked Actual CRA Patrol Hours Approved Leave Hours Approved Training Hours CRA Overtime Hours Davis 530 0 379.5 70.5 80 14 Vazquez 550 0 377.5 142 30.5 8 Borrero 550 0 397,0 58 95 6 Brown 530 0 439.0 31 60 16.5 Note: The overtime hours listed above do not include CRA Detail hours worked, other department overtime or department detail hours worked by the listed officers. The only overtime hours included above are directly attributable to additional activities, duties or responsibilities in the CRA District. Additionally, Actual Patrol hours do not include overtime hours worked of any kind and exclude road patrol hours worked, approved leave hours and approved training hours. Mission Relevant Quarterly Activities Executive Summary: During the quarter the CRA Officers were not required to work regular road patrol hours as set forth in the above table. Specifically, during the 4rd Quarter of FY 2024, the CRA Officers accomplishments included, but were not limited to: attendance at 6 community events/meetings, performed 118 extra patrols/business checks, attended 5 CRA Board\Advisory Board Meetings, made 12 arrests and performed 127 traffic stops. Business walks and checks, whether conducted solely by the CRA Officers or in collaboration, with CRA staff, are opportunities to build bridges and relationships with the CRA District’s business Community. During these self-initiated contacts, the CRA Officers and staff listen to concerns and problems and provide information and solutions to the business community. These grass root contacts, serve as a critical information source and as a foundational basis for creativity and problem solving. Like business walks and checks, community meetings and events serve to inform the CRA Officers and Police Department Command Staff of concerns, but the concerns voiced in these venues are 1144 8 generally more individual and community based. At these meetings, community concerns regarding traffic problems, crime and community cleanliness are brought forward, among others. The CRA Officers and Police Staff respond to the community’s concerns by providing input and recommendations and when appropriate work with other city departments to resolve these concerns swiftly and efficiently. Community confidence in law enforcement increases when the community sees their police department values and responds to their concerns and needs and works in conjunctions with other city departments to institute positive change. Specific Mission Relevant Quarterly Activities Undertaken by Week: Week 1 – 10/01/2024 to 10/06/2024 • An extra patrol was conducted at 580 E. Woolbright Rd., (Sunshine Square), Case#24- 073741 • A field interview was done at 200 N. Federal Hwy., Case#24-013942 • A narcotics arrest was made at 300 NE. 12th Ave., Case#24-013943 • A physical traffic arrest was made at 131 SE 12th Ave., Cas#24-013973 • A field interview was done at 1000 N. Seacrest Blvd., Case#24-014019 • An extra patrol was conducted at 700 Casa Loma Blvd. (Marina), Case#24-074246 • A business check was done of 3625 S. Federal Hwy., (Walmart), Case#24-074251 • A field interview was done at 1300 N. Federal Hwy., Case#24-014021 • A business check was done at 580 E. Woolbright Rd. (Sunshine Square), Case#24- 074388 • An extra patrol was conducted at 600 SE. 4th St. (Pence Park), Case#24-074406 • An extra patrol was conducted at 1600 S. Federal Hwy. (Riverwalk Plaza), Case#24- 074380 • An extra patrol was conducted at 1415 S. Federal Hwy. (One Boynton), Case#24-074289 • A business alarm was investigated at 510 E. Ocean Ave., Case#24-074550 • An extra patrol was done at 580 E. Woolbright Rd. (Sunshine Square), Case#24-074553 • A business check was done of 580 E. Woolbright Rd. (Sunshine Square), Case#24- 074549 • An extra patrol was conducted at 700 Casa Loma Blvd. (Marina), Case#24-074556 • Officers conducted (15) traffic stops Week 2 – 10/07/2024 to 10/13/2024 • A business check was done of 1415 S. Federal Hwy. (One Boynton), Case#24-075520 • An extra patrol was conducted at 580 E. Woolbright Rd. (Sunshine Square), Case#24- 075509 • A business check was done at 3625 S. Federal Hwy. (Walmart), Case#24-075562 • An extra patrol was conducted at 743 NE 1st Ave. (Marina), Case#24-075497 • An extra patrol was conducted at 1600 S. Federal Hwy. (Riverwalk Plaza), Case#24- 075518 • A police assist was performed at 1634 S. Federal Hwy. (Walgreens), Case#24-014233 1145 9 • Officers assisted with patrolling the CRA district for Hurricane Milton • Officers conducted a physical traffic arrest at 125 E. Boynton Beach Blvd., Case#24- 014325 • Officers handled a police assist at 127 NE 10th Ave., Case#24-014345 • A business check was conducted of 743 NE 1st Ave. (Marina), Case#24-076135 • A field interview was done at 1600 S. Federal Hwy. (Riverwalk Plaza), Case#24-014357 • A field interview was done at 300 NE 10th Ave., Case#24-014360 • A field interview was done at 501 SE 18th Ave. (Publix), Case#24-014356 • Officers assisted with a runaway juvenile investigation at 122 SE 29th Ave., Case#24- 014327 • A business check was conducted of 3625 S. Federal Hwy. (Walmart), Case#24-076217 • A disturbance call was handled at 141 NE 9th Ave., Case#24-076409 • A business check was done at 580 E. Woolbright Rd. (Sunshine Square), Case#24-076473 • A disturbance call was handled at 2975 Grove Rd., Case#24-076480 • Officers conducted four (4) traffic stops Week 3 – 10/14/2024 to 10/20/2024 • Two extra patrols of 1600 N. Federal Hwy. (Ocean Palm Plaza), Case#24-077253, Case#24-077483 were done • A trespassing call was handled at 500 NW 11th Ave., Case#24-014597 • A police assist was handled at 3400 N. Old Dixie Hwy., Case#24-014576 • A business check was done at 580 E. Woolbright Rd. (Sunshine Square), Case#24- 077458 • An extra patrol was done at 1600 N. Federal Hwy. (Ocean Palm Plaza), Case#24-077501 • An extra patrol was done at 1600 N. Federal Hwy. (Ocean Palm), Case#24-077429 • A Police assist was performed at 3400 N. Old Dixie Hwy., Case#24-077436 • A field interview was done at 1200 N. Seacrest Blvd., Case#24-014608 • A field interview was done at 95 NB & Boynton Beach Blvd., Case#24-014602 • An extra patrol of Industrial Ave & Boynton Beach Blvd. was done, Case#24-077494 • An extra patrol was done of 524 E. Gateway Blvd., Case#24-077500 • An extra patrol was done at 1600 S. Federal Hwy. (Riverwalk Plaza), Case#24-077817 • An extra patrol was done at 743 NE 1st Street (Marina), Case#24-077820 • A business check was done of 580 E. Woolbright Rd. (Sunshine Square), Case#24- 077753 • A business check was done of 580 E. Woolbright Rd. (Sunshine Square), Case#24- 077818 • A suspicious person call was handled at 100 E. Ocean Ave. (City Hall), Case#24-014660 • An extra patrol was done of 600 SE 4th Street (Pence Park), Case#24-077856 • A possession of contraband case was done at 1700 N. Seacrest Blvd., Case#24-014645 • A suspicious person was investigated at 100 NE 13th Ave., Case#24-014633 • A suspicious person was investigated at 2728 N. Federal Hwy., Case#24-077982 • A police assist was conducted at 720 E. Ocean Ave., Case#24-078109 • An extra patrol was done of 1600 N. Federal Hwy. (Ocean Palm Plaza), Case#24-077996 1146 10 • A business check was done at 3625 S. Federal Hwy. (Walmart), Case#24-078005 • A warrant arrest was made at 125 NE 13th Ave., Case#24-078078 • An extra patrol was done of 3625 S. Federal Hwy., (Walmart), Case#24-078099 • A police assist was handled at 119 NE. 10th Ave., Case#24-078016 • An extra patrol was done of 600 SE 4th Street (Pence Park), Case#24-078131 • A vehicle accident was investigated at 500 W. Boynton Beach Blvd., Case#24-014754 • A trespass warning was issued at 2821 S. Federal Hwy., Case#24-014737 • An extra patrol was done of 1600 N. Federal Hwy., (Ocean Palm), Case#24-078272 • A business check was done of 580 E. Woolbright Rd., (Sunshine Square), Case#24- 078327 • A possession of contraband case was handled at 300 NW 2nd St., Case#24-014741 • An extra patrol was done at 743 NE 1st Street (Marina), Case#24-078266 • Officers conducted thirteen (13) traffic stops Week 4 – 10/21/2024 to 10/27/2024 • A business check was done of 580 E. Woolbright Rd. (Sunshine Square), Case#24- 079365 • An extra patrol was done at 524 E. Gateway Blvd. (Kwik Stop), Case#24-079289 • An extra patrol was done at 580 E. Woolbright Rd. (Sunshine Square), Case#24-079272 • A business check was done of 580 E. Woolbright Rd. (Sunshine Square), Case#24- 079305 • A trespass warning was issued at 1600 S. Federal Hwy. (Riverwalk Plaza), Case#24- 01490 • A suspicious occurrence was handled at 1520 SW 8th St., Case#24-014898 • An extra patrol was done at 1600 N. Federal Hwy., (Ocean Palm Plaza), Case#24-079287 • An extra patrol was done of 700 Casa Loma Blvd. (Marina), Case#24-079350 • Officers had a vehicle fail to stop for them at 100 NE 13th Ave., Case#24-014911 • A police assist was handled at 2100 High Ridge Rd., Case#24-014909 • A possession of contraband call was handled at 100 NW 10th Ave., Case#24-014958 • A business check was done at 580 E. Woolbright Rd. (Sunshine Square), Case#24- 079620 • An extra patrol was done of 137 NE 10th Ave., Case#24-079621 • An extra patrol was done of 301 Galaxy Way, Case#24-079682 • An extra patrol was done of 600 SE 4th Street (Pence Park), Case#24-079950 • Officers assisted with a trespassing arrest at 1213 NW 4th St. (Cherry Hill), Case#24- 015020 • Officers handle a possession of contraband case at 480 W. Boynton Beach Blvd., Case#24-015025 • Officers conducted a police assist at 2100 High Ridge Rd., Case#24-015031 • A business check was done of 1600 S. Federal Hwy. (Riverwalk Plaza), Case#24-079877 • An extra patrol was done at 1600 N. Federal Hwy. (Ocean Palm Plaza), Case# 24-079896 • An extra patrol was done at 700 Casa Loma Blvd. (Marina), Case#24-080174 1147 11 • A business check was done of 580 E. Woolbright Rd. (Sunshine Square), Case#24- 080202 • An extra patrol was done of 1901 N. Seacrest Blvd., Case#24-080234 • A business check was done at 1600 S. Federal Hwy. (Riverwalk Plaza), Case#24-080170 • An extra patrol was done of 1600 N. Federal Hwy. (Ocean Palm Plaza), Case#24-080079 • Officers conducted seventeen (17) traffic stops Week 5 – 10/28/2024 to 11/03/2024 • A business check was done of 3625 S. Federal Hwy. (Walmart), Case#24-081335 • A field interview was done at 100 NE 10th Ave., Case#24-015299 • A disturbance call was handled at 1213 NW 4th Street (Cherry Hill), Case#24-015302 • A field interview was done at 400 N. Seacrest Blvd., Case#24-015304 • Officers assisted with a civil call at 750 Industrial Ave., Case#24-081377 • An extra patrol was done at 1005 N. Seacrest Blvd. (EZ Mart), Case#24-081276 • A trespassing matter was handled at 101 W. Woolbright Rd., Case#24-015285 • A contraband investigation was handled at 100 NE 10th Ave., Case#24-015344 • A simple battery was investigated at 220 NE 10th Ave., Case#24-015348 • A suspicious incident was investigated at 311 NW 12th Ave., Case#24-015356 • On Halloween officers conducted a TRUNK OR TREAT at Sara Sims and St. Johns Church • A trespass matter was handled at 1626 S. Federal Hwy., Case#24-015454 • A business check was done of 580 E. Woolbright Rd. (Sunshine Square), Case#24- 082203 • A field interview was done at 1600 S. Federal Hwy. (Riverwalk Plaza), Case#24-015456 • A suspicious person call was handled at 234 NW 10th Ave. (Sara Sims), Case#24-082218 • A disturbance call was investigated at 1626 S. Federal Hwy., Case#24-082257 • Officers conducted seven (7) traffic stops Week 6 – 11/04/2024 to 11/10/2024 • An extra patrol was done of 600 SE 4th Street (Pence Park), Case#24-083489 • A business check was done at 580 E. Woolbright Rd. (Sunshine Square), Case#24- 083439 • An extra patrol was done of 600 SE 4th Street (Pence Park), Case#24-083452 • An extra patrol was done of 743 NE 1st Ave. (Marina), Case#24-083416 • A business check was done at 1351 S. Federal Hwy. (One Boynton), Case#24-083449 • A business check was completed at 1600 S. Federal Hwy. (Riverwalk Plaza), Case#24- 083733 • A business check was done at 3625 S. Federal Hwy. (Walmart), Case#24-083697 • An extra patrol was done of 600 SE 4th Street (Pence Park), Case#24-083998 • An extra patrol was done of 3501 S. Federal Hwy. (Seabourn Cove), Case#24-083959 • An extra patrol was done of 743 NE 1st Ave. (Marina), Case#24-083947 1148 12 • A business check was completed at 1331 S. Federal Hwy. (One Boynton), Case#24- 084000 • Officers conducted one (1) traffic stop Week 7 – 11/11/2024 to 11/17/2024 • A business check was completed at 1600 N. Federal Hwy. (Ocean Palm Plaza), Case#24- 084938 • An extra patrol was done of 3491 S. Federal Hwy. (Seabourn Cove), Case#24-084903 • An extra patrol was done of 743 NE 1st Ave. (Marina), Case#24-084911 • A business check was completed at 580 E. Woolbright Rd. (Sunshine Square), Case#24- 084941 • A disturbance call was handled at 510 NE 3rd Street, Case#24-085006 • An extra patrol was done of 600 SE 4th Street (Pence Park), Case#24-085048 • A possession of contraband case was investigated at 500 W. Gateway Blvd., Case#24- 015974 • An extra patrol was done of 3625 S. Federal Hwy. (Walmart), Case#24-085543 • A warrant arrest was made at 236 NE 12th Ave., Case#24-016045 • An extra patrol was done of 580 E. Woolbright Rd., (Sunshine Square), Case#24-085826 • An extra patrol was done of 3625 S. Federal Hwy., (Walmart), Case#24-085841 • An extra patrol was done of 700 Casa Loma Blvd., (Marina), Case#24-085852 • Officers conducted three (3) traffic stops Week 8 – 11/18/2024 to 11/24/2024 • A possession of contraband case was investigated at 2200 N. Seacrest Blvd., Case#24- 016204 • An extra patrol was done at 301 Galaxy Way (Galaxy Park), Case#24-086646 • An extra patrol was done of 600 SE 4th Street (Pence Park), Case#24-086932 • An extra patrol was done of 1600 N. Federal Hwy. (Ocean Palm Plaza), Case#24-086780 • A traffic arrest was made at 400 NW 12th Ave, Case#24-016244 • A business check was completed at 3625 S. Federal Hwy. (Walmart), Case#24-086799 • A suspicious person was investigated at 1625 S. Federal Hwy., Case#24-086831 • An extra patrol was done of 580 E. Woolbright Rd. (Sunshine Square), Case#24-086788 • A business check was done at 3625 S. Federal Hwy. (Walmart), Case#24-087079 • An extra patrol was done of 1415 S. Federal Hwy. (One Boynton), Case#24-087081 • An extra patrol was done of 580 E. Woolbright Rd. (Sunshine Square), Case#24-087080 • A warrant arrest was made at 1600 N. Seacrest Blvd., Case#24-016274 • Officers assisted another agency at 550 Miner Rd. (Rolling Green), Case#24-016304 • A police assist was completed at 1708 NE 4th Street, Case#24-016350 • A death investigation was handled at 301 SE 4th Street, Case#24-016318 • A business check was done at 1600 S. Federal Hwy. (Riverwalk Plaza), Case#24-087385 1149 13 • A business check was done at 3625 S. Federal Hwy. (Walmart), Case#24-087348 • A trespass warning was issued at 100 E Ocean Ave. (City Hall), Case#24-016325 • A business check was done at 580 E. Woolbright Rd. (Sunshine Square), Case#24- 087393 • An extra patrol was done of 1600 N. Federal Hwy. (Ocean Palm Plaza), Case#24-087653 • Officers assisted with a shots fired call at 1700 NE 4th St., Case#24-016374 • Officers issued a trespass warning at 2821 S. Federal Hwy. (Nova Inn), Case#24-016364 • A business check was done of 3625 S. Federal Hwy. (Walmart), Case#24-087615 • An extra patrol was done of 1351 S. Federal Hwy. (One Boynton), Case#24-087676 • Officers conducted fifteen (15) traffic stops Week 9 – 11/25/2024 to 12/01/2024 • An extra patrol was done of 1213 NW 4th Street (Cherry Hill), Case#24-016566 • A business check was done at 1600 S. Federal Hwy. (Riverwalk Plaza), Case#24-088923 • Officers made a traffic arrest at 200 N. Seacrest Blvd., Case#24-016538 • A business check was done at 3625 S. Federal Hwy. (Walmart), Case#24-088953 • A business check was done at 580 E. Woolbright Rd. (Sunshine Square), Case#24- 088908 • An auto accident was investigated at 500 W. Woolbright Rd., Case#24-089266 • A business check was done at 1600 S. Federal Hwy. (Riverwalk Plaza), Case#24-089200 • A traffic complaint was handled at 500 Industrial Way, Case#24-016599 • A police assist was performed at 130 NE 13th Ave., Case#24-089138 • A business check was done at 580 E. Woolbright Rd. (Sunshine Square), Case#24- 089739 • A business check was done at 3625 S. Federal Hwy. (Walmart), Case#24-089710 • An extra patrol was done of 580 E. Woolbright Rd. (Sunshine Square), Case#24-089644 • An extra patrol was done of 3625 S. Federal Hwy. (Walmart), Case#24-089652 • A traffic arrest was made 1601 S. Federal Hwy., Case#24-016679 • Officers conducted five (5) traffic stops Week 10 – 12/02/2024 to 12/08/2024 • A suspicious person was investigated at 1700 N. Federal Hwy., Case#24-090738 • An extra patrol was done of 1600 S. Federal Hwy. (Riverwalk Plaza), Case#24-090764 • A possession of contraband case was investigated at 600 Shore Drive, Case#24-016843 • A possession of contraband case was investigated at 600 NE 3rd Street, Case#24-016918 • A suspicious person was investigated at 2240 N. Federal Hwy., (Intracoastal Park), Case#24-091561 • A police assist was performed at 519 N. Seacrest Blvd., Case#24-091736 • A police assist was performed at 100 E. Ocean Ave., Case#24-091668 • Officers conducted five (5) traffic stops 1150 14 Week 11 – 12/09/2024 to 12/15/2024 • A business check was done at 3625 S. Federal Hwy., Case#24-092597 • A trespass warning was issued at 3625 S. Federal Hwy., Case#24-017201 • A field interview was completed at 580 E. Woolbright Rd. (Sunshine Square), Case#24- 017244 • An extra patrol was done of 421 NE 13th Ave. (Palmetto Green), Case#24-093323 • A suspicious person was investigated at 421 NE 13th Ave., Case#24-093513 • An extra patrol was done of 743 NE 1st Ave. (Marina), Case#24-093593 • A suspicious person was investigated at 2600 S. Federal Hwy., Case#24-093556 • A business check was done at 580 E. Woolbright Rd. (Sunshine Square), Case#24- 093528 • A traffic complaint was handled at 2300 NE 4th St., Case#24-017350 • Officers conducted sixteen (16) traffic stops Week 12 – 12/16/2024 to 12/22/2024 • A warrant arrest was made at 101 S. Federal Hwy. (500 Ocean), Case#24-017156 • A business check was done at 1415 S. Federal Hwy. (One Boynton), Case#24-94807 • A business check was done at 580 E. Woolbright Rd. (Sunshine Square), Case#24- 094824 • A trespass warning was issued at 580 E. Woolbright Rd. (Sunshine Square), Case#24- 017569 • A business check was done at 3625 S. Federal Hwy. (Walmart), Case#24-094844 • An extra patrol was done of 700 Casa Loma Blvd. (Marina), Case#24-095029 • An extra patrol was done of 1600 N. Federal Hwy. (Ocean Palm Plaza), Case#24-095032 • A suspicious incident was investigated at 100 W. Gateway Blvd., Case#24-017618 • An extra patrol was done of 743 NE 1st Ave., (Marina), Case#24-095417 • A possession of contraband matter was handled at 650 N. Congress Ave. (Target), Case#24-017665 • A disturbance call was handled at 501 SE 18th Ave. (Publix), Case#24-095428 • Officers conducted five (5) traffic stops Week 13 – 12/23/2024 to 12/31/2024 • A business check was done at 580 E. Woolbright Rd. (Sunshine Square), Case#24-096295 • A filed interview was completed at 200 S. Seacrest Blvd., Case#24-017814 • A contraband investigation was handled at 200 N. Seacrest Blvd., Case#24-017817 • An extra patrol was done of 1600 S. Federal Hwy. (Riverwalk Plaza), Case#24-096895 • A business check was done at 1600 S. Federal Hwy. (Riverwalk Plaza), Case#24-096925 1151 15 • A business check was done at 580 E. Woolbright Rd. (Sunshine Square), Case#24- 096898 • A contraband investigation was done at 600 NE 10th Ave., Case#24-017919 • A suspicious incident was investigated at 1935 S. Federal Hwy., Case#24-017929 • An extra patrol was done of 743 NE 1st Ave. (Marina), Case#24-097129 • A simple battery call was handled at 1590 NW 1st Ct., Case#24-017958 • A shoplifting call was handled at 3625 S. Federal Hwy. (Walmart), Case#24-017956 • A business check was done of 580 E. Woolbright Rd. (Sunshine Square), Case#24- 097162 • An extra patrol was done at 1600 S. Federal Hwy. (Riverwalk Plaza), Case#24-097140 • Officers conducted six (6) traffic stops Note* The use of Case# (number) above refers to either a case number where a report was generated or to a computer aided dispatch (CAD) number. These numbers are provided to allow for verification of the listed incidents if necessary. 1152 16 Community Event Photos: Hurricane Milton Preparation – October 8, 2024 1153 17 Halloween – Carolyn Sims Center & St. Johns Church - October 31, 2024 1154 18 1155 19 1156 20 Tree Lighting – Centennial Park - December 6, 2024 1157 21 1158 22 1159 23 Shop with a Cop – Walmart 3625 S. Federal Hwy. – December 12, 2024 1160 24 1161 25 Holiday Parade & CRA’s Rock the Block – December 7, 2024 1162 26 1163 27 1164 28 1165 29 CRA’s Holiday Boat Parade – December 13, 2024 1166 30 1167 31 CRA Crime Statistics October 1, 2024 to December 31, 2024: 1168 32 1169 33 1170 CRA DISTRICT OFFICER STATS OCTOBER – DECEMBER 2024 1171 CRA DISTRICT 1172 CRA OFFICER STATS – OCT – DEC. 2024 OFFENSE OCT NOV DEC 2023 QTR TOTAL OCT NOV DEC 2024 QTR TOTAL % CHANGE / LAST YEAR CRIMINAL HOMICIDE *0 0 0 0 0 1 0 1 100% SEXUAL BATTERY 0 0 1 1 0 1 2 3 200% ROBBERY 1 2 3 6 3 3 0 6 0% AGG ASSAULT/BATTERY 10 8 2 20 5 2 6 13 -35% VIOLENT CRIME TOTAL:11 10 6 27 8 7 8 23 -15% OFFENSE OCT NOV DEC 2023 QTR TOTAL OCT NOV DEC 2024 QTR TOTAL % CHANGE / LAST YEAR BURGLARY 4 5 2 11 7 3 3 13 18% AUTO BURGLARY 4 1 5 10 4 7 3 14 40% AUTO THEFT 5 2 9 16 3 2 1 6 -63% LARCENY 23 21 21 65 23 7 10 40 -38% NON-VIOLENT CRIME TOTAL:36 29 37 102 37 19 17 73 -28% INDEX CRIME TOTAL 47 39 43 129 45 26 25 96 -26% OCT NOV DEC 2023 QTR TOTAL OCT NOV DEC 2024 QTR TOTAL % CHANGE / LAST YEAR ARRESTS 81 56 57 194 86 70 66 222 14% TRAFFIC COLLISION XXXXXX XXXXXX XXXXX XXXXX 71 44 53 168 XXXX DRUG OFFENSES 19 18 23 60 30 18 21 69 15% OCT NOV DEC 2024 QTR TOTAL FIELD INTERVIEWS 44 19 20 83 TRESPASS WARNING 24 20 16 60 1173 CRA DISTRICT OFFICERS INDEX CRIMES OCT – DEC 2024 ALL INCIDENTS OCT – DEC 2024 CRA DISTRICT BOUNDARIES 1174 1175 1176 1177 1178 1179 1180 1181 Category FY 2024 QTY FY 2025 Notes Personnel Officer Salaries & Incentives * 350,913 4 442,098 Salary, Education Incentive Officer Benefits-Pension 196,747 4 244,598 Pension Officer Benefits 66,905 4 82,116 Healthcare, Dental, Vision, FICA Officer Overtime 40,000 4 40,000 Total Personnel Costs $ 654,565 $ 808,812 Operating Expenses Cell Phones Service Plan 3,000 4 3,500 Cell Phones for CRA Officers Office Supplies / Misc Supplies 2,500 2,500 Office Supplies (incl printer/ copier) Office Electric, Cable/ Internet, water/sewage 12,000 12 12,000 Monthly Operating Cost Office Space Monthly Maintenance 2,000 12 2,000 AC Filters/Repairs etc. Office Cleaning 2,000 12 2,000 City Cleaning Crew Uniform 2,250 4 2,500 uniforms,belts Community Events/Promotions 5,000 1 6,000 Youth Programs Training 8,000 4 8,500 CPTED, STEP academy Total Operating Expense $ 36,750 $ 39,000 Equipment Misc. Equipment - As needed 3,000 1 4,000 Misc. Equipment Volcanic 2024 Approach Patrol Bike 2 3,598 Volcanic Frame Bike Patrol Bags 4 716 Niterider Digital Patrol LED Police Bike Liight 4 2,000 Niterider Police Tail Light 4 280 Total Equipment Costs $ 3,000 $ 10,594 Total Proposed Program Expenses $ 694,315 $ 858,406 FY 2025 ILA Amount 858,406$ NOTE: All amounts provided by Police Department with exception of Contingency and ILA amount for FY 2024-2025 *Salary and Benefits are subject to change as a result of an ongoing contract renegotiation. FY 2025 COMPREHENSIVE ANNUAL BUDGET- CRA NEIGHBORHOOD POLICING PROGRAM 1182