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Agenda 11-18-25
The City of Boynton Beach City Commission Agenda Tuesday, November 18, 2025, 6:00 PM City Hall Commission Chambers 100 E. Ocean Avenue Boynton Beach City Commission Rebecca Shelton, Mayor (At Large) Woodrow L Hay, Vice Mayor (District II) Angela Cruz, Commissioner (District I) Thomas Turkin, Commissioner (District III) Aimee Kelley, Commissioner (District IV) Daniel Dugger, City Manager Shawna Lamb, City Attorney Maylee De Jesus, City Clerk *Mission* To create a sustainable community by providing exceptional municipal services, in a financially responsible manner. www.boynton-beach.org 1 Welcome Thank you for attending the City Commission Meeting General Rules & Procedures for Public Participation at City of Boynton Beach Commission Meetings The Agenda: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action. Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group. Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda. Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. Speaking at Commission Meetings: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item, as hereinafter described. City Commission meetings are business meetings and, as such, the Commission retains the right to impose time limits on the discussion on an issue. Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public Hearings." Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission - Time Limit - Three (3) Minutes. Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded, with the exception of Consent Agenda Items that have not been pulled for separate vote, reports, and presentations. - Time Limit - Three (3) Minutes. Addressing the Commission: When addressing the Commission, please step up to either podium and state your name for the record. Decorum: Any person who disrupts the meeting while addressing the Commission may be ordered by the presiding officer to cease further comments and/or to step down from the podium. Failure to discontinue comments or step down when so ordered shall be treated as a continuing disruption of the public meeting. An order by the presiding officer issued to control the decorum of the meeting is binding, unless over-ruled by the majority vote of the Commission members present. Please turn off all cellular phones in the City Commission Chambers while the City Commission Meeting is in session. 2 1.Openings The City of Boynton Beach encourages interested parties to attend and participate in public meetings either in-person or via communications media technology online. To view and/or participate in the City Commission meeting online you have the following options: 1. Watch the meeting online, but not participate: https://www.boynton-beach.org/748/Watch-City-Commission-Meetings 2. Watch the meeting online and provide public comment during the meeting: YouTube channel (https://www.youtube.com/@cityofboynton). Please click onto the description / more tab under the video player to see: *The Agenda link *Live-To-Air Public Comment link *Instructions on how to make a comment link *Tech Support hotline number If you are following the agenda and want to speak specifically during the agenda item labeled “Public comments”, you are permitted to start the connectivity process during the item that precedes public comments to ensure that all contributors are in que, screened and ready when that segment of the agenda is presented, or please wait until your topic of concern is being discussed before requesting to join the meeting for public comment. Please note that time limits will be enforced so comments must be limited to no more than 3 minutes. *Presenters, Consultants, and Subject Matter Experts (SME) may join at any time with prior approval. For additional information or for special assistance prior to the meeting, please contact Maylee De Jesús, City Clerk at cityclerk@bbfl.us or (561) 742-6061. 3 A.Call to Order - Mayor Rebecca Shelton 2.Other A.Information Items by members of the City Commission. 3.Announcements, Community and Special Events And Presentations A.City Announcements 4.Public Audience 5.Administrative A.Advisory Board Appointments- Tabled at the November 4, 2025, Commission Meeting. B.Community Support Funds. 6.Consent Agenda A.Proposed Resolution No. R25-292- Approve the Supplemental Amendment to the Utility Work Agreement No. 1 (UWA) between the Florida Department of Transportation (FDOT) and the City of Boynton Beach for FDOT Project FPID 435804-1-56-03, Contract ATI74- SR-9/I-95 at SR-804 (Boynton Beach Boulevard) Interchange Improvements Project. B.Proposed Resolution No. R25-293- Approve a Collocation Agreement between the City and Cellco Partnership d/b/a Verizon Wireless for Use of Property to Install Personal Wireless Services Facilities, and approve a Memorandum of Agreement Roll Call. Invocation by Pastor Jeff Kelly, First Boynton. Pledge of Allegiance to the Flag led by Commissioner Thomas Turkin. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption City Commissioners to disclose any informational items to the public. Tire Amnesty Week - December 1st through December 5th, 2025 Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission. Speakers will be limited to 3-minute presentations (at the discretion of the Chair, this 3-minute allowance may need to be adjusted depending on the level of business coming before the City Commission). City Commission to reappoint and appoint eligible members of the community to serve in vacant positions on City Advisory Boards. Approve Community Support Fund requests from Commissioner Turkin. Staff recommends approval of Proposed Resolution No. R25-292. 4 between the Parties, to allow for ground equipment and collocation on the existing telecommunications tower at 1901 N. Seacrest Blvd., with a lease area of 72 square feet. C.Proposed Resolution No. R25-294- Approve the Utility Easement between Ridgepoint Woods Association, Inc. and the City of Boynton Beach, and the Consent to Easement between High Point Boulevard Association, Inc. and the City of Boynton Beach for a force main extension project. D.Proposed Resolution No. R25-295- Approve Amendment #2 for Landscape Maintenance Memorandum of Agreement ("MMOA") with Florida Department of Transportation ("FDOT"), for the additional landscape improvements on Boynton Beach Boulevard between US-1/N Federal Highway and East of I-95. E.Proposed Resolution No. R25-296- Approve Amendment No.1 to Management Agreement between the City of Boynton Beach and the Boynton Cultural Centre, Inc. (Schoolhouse Children's Museum). F.Proposed Resolution No. R25-297- Approve and authorize the Mayor (or designee) to apply for the State permit necessary to temporarily close Federal Highway on Saturday, December 6, 2025, for the 54th Annual Holiday Parade. G.Proposed Resolution No. R25-301- Approving an Interlocal Agreement between the City and the Boynton Beach Community Redevelopment Agency for Funding for Beautification Technicians. Proposed Resolution No. R25-302- Approving an Interlocal Agreement between the City and the Boynton Beach Community Redevelopment Agency for Funding for Code Enforcement Officers. Proposed Resolution No. R25-303- Approving an Interlocal Agreement between the City and the Boynton Beach Community Redevelopment Agency for Funding for the Engineer/Project Manager position. Proposed Resolution No. R25-304- Approving an Interlocal Agreement between the City and the Boynton Beach Community Redevelopment Agency for Funding Boynton Beach Police Department Cameras. Proposed Resolution No. R25-305- Approving the Revised Exhibit A to the Interlocal Agreement for Funding Construction and Professional Services between the City and CRA (Fiscal Year 2025-2026 Projects) as approved by the CRA Board on November 10th, 2025. Proposed Resolution No. R25-306- Approving a Budget Amendment for Fiscal Year 2025-2026, Amending the Capital Appropriation for the Inn at Boynton Demolition Project. H.Proposed Resolution No. R25-307- Approve budget amendment for FY2024-25, adjusting the budget appropriations and revenue sources and providing spending Staff recommends approval of Proposed Resolution No. R25-293. Staff recommends approval of Proposed Resolution No. R25-294. Staff recommends approval of Proposed Resolution No. R25-295. Staff recommends approval of Proposed Resolution No. R25-296. Staff recommends approval of Proposed Resolution No. R25-297. Staff recommends approval of Proposed Resolutions No. R25-301, R25-302, R25- 303, R25-304, R25-305 and R28-306. 5 authority for various Funds, Operating Departments, and Capital Budgets. I.Proposed Resolution No. R25-308- FY2025-26 Budget Amendment modifying various Funds to address FY2024-25 Purchase Orders (Encumbrances). J.Commission Meeting Minutes. 7.Consent Bids and Purchases A.Proposed Resolution No. R25-298- Approve a Sole Source Agreement with Pat's Pump & Blower, LLC for the purchase of parts, equipment, and maintenance and repair services for Aqua Tech vac trucks, in an annual amount not to exceed $108,900. B.Proposed Resolution No. R25-299- Award Invitation to Bid No. 25-078B for the Demolition and Reconstruction of Two Boat Ramp Structures at Pioneer Canal Park to Mangonia Construction, LLC, and approve an Agreement between the City and Mangonia Construction Group, LLC in the amount of $798,225, plus a 10% contingency $79,822.50 for unforeseen field conditions, for a total not-to-exceed amount of $878,047.50. C.Proposed Resolution No. R25-300- Approve the purchase of a SWAT Robot from ICOR Technology Inc., for the Police Department in the amount of $87,500, utilizing Capital Improvement Program (CIP) funds and piggybacking GSA Contract GS-07F- 0430V, and authorize the Mayor to execute all necessary documents and issue a purchase order for this acquisition. 8.Public Hearing 6 P.M. or as soon thereafter as the agenda permits. T he City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A.Proposed Ordinance No. 25-035- Second Reading, An Ordinance of the City Commission of the City of Boynton Beach, Florida, Amending Part III "Land Development Regulations," Article II "Planning and Zoning Division Services," Section 4, "Relief Applications" by Amending Subsection F, "Requests for Accommodation," in order to Provide Procedures for Handling and Processing Requests for Accommodation from the City's Land Development Regulations; Providing for Conflicts; Providing for Severability; Providing for Codification; Providing an Effective Date; and For All Other Purposes. Staff recommends approval of Proposed Resolution No. R25-307. Staff recommends approval of Proposed Resolution No. R25-308. Approve minutes from the October 21, 2025 and November 4, 2025 City Commission Meetings. Staff recommends approval of Proposed Resolution No. R25-298. Staff recommends approval of Proposed Resolution No. R25-299. Staff recommends approval of Proposed Resolution No. R25-300. 6 B.Proposed Ordinance No. 25-036- Second Reading, An Ordinance of the City Commission of the City of Boynton Beach, Florida, adding Chapter 2, Article IV, Section 2-60 to the City Code of Ordinance Entitled "Public-Private Partnerships;" Establishing Procedures for Public-Private Partnerships and Unsolicited Proposals; Providing for Codification; Providing for Severability; Providing for Conflicts; and Providing for an Effective Date. C.Proposed Ordinance No. 25-037- Second Reading, An Ordinance of the City of Boynton Beach, Florida, Submitting to Referendum an Amendment to the City Charter; Adding a Preamble to the City Charter to Establish the Foundational Purposes and Principles Of City Governance; Providing for a Notice of an Advertisement of the Referendum Election to be Published in Accordance with the State of Florida Election Code; Providing that this Ordinance, when Adopted, Shall Be Submitted to the Qualified Electors of the City of Boynton Beach, Florida, on the March 2026 General Municipal Election Ballot and Shall Become Effective as Provided by Law; Providing for Conflicts, Severability, and an Effective Date. D.Proposed Ordinance No. 25-038- Second Reading, An Ordinance of the City of Boynton Beach, Florida, Submitting to Referendum Amendments to the City Charter; Amending Section 3 to Require Continuous Residence within the City for at Least One (1) Year Prior to Filing to Run for Office; Providing for a Notice of an Advertisement of the Referendum Election to be Published in Accordance with the State of Florida Election Code; Providing that this Ordinance, when Adopted, Shall be Submitted to the Qualified Electors of the City of Boynton Beach, Florida, on the March 2026 General Municipal Election Ballot and Shall Become Effective as Provided by Law; Providing for Conflicts, Severability, and an Effective Date. E.Proposed Ordinance No. 25-041- Second Reading, An Ordinance of the City of Boynton Beach, Florida, Submitting to Referendum Amendments to the City Charter; Amending Sections 8, 20, 23, 24, 40, 50, 52, 54, and 55 to Modernize Language by Replacing Masculine-Only Pronouns and to Update Notice and Publication Requirements to Comply with Current Florida Statutes and Digital-Age Communication Practices; Providing for a Notice of an Advertisement of the Referendum Election to be Published in Accordance with the State of Florida Election Code; Providing that this Ordinance, When Adopted, Shall be Submitted to the Qualified Electors of the City of Boynton Beach, Florida, on the March 2026 General Municipal Election Ballot and Shall Become Effective as Provided by Law; Providing for Conflicts, Severability, and an Effective Date. F.Proposed Ordinance No. 25-042- First Reading, An Ordinance of the City Commission of the City of Boynton Beach, Florida, amending Ordinance No. 89-38 by amending the Future Land Use Map of the City of Boynton Beach, Florida, for an approximately 64.54 acre parcel of real property generally located west of High Ridge Road between Hypoluxo Road and Miner Road, by changing the future land use designation from LDR (Low Density Residential) to R (Recreation); declaring the Staff recommends approval of Proposed Ordinance No. 25-035, at second reading. Staff recommends approval of Proposed Ordinance No. 25-036, at second reading. Staff recommends approval of Proposed Ordinance No. 25-037, at second reading. Staff recommends approval of Proposed Ordinance No. 25-038, at second reading. Staff recommends approval of Proposed Ordinance No. 25-041, at second reading. 7 proposed amendment to the future land use map to be consistent with all other elements of the comprehensive plan of the City; providing for severability, conflicts, and providing for an effective date. G.Proposed Ordinance No. 25-043- First Reading, An Ordinance of the City Commission of the City of Boynton Beach, Florida, for the High Ridge Country Club, amending Ordinance No. 02-013 to rezone approximately 64.54 acres generally located west of High Ridge Road between Hypoluxo Road and Miner Road, from R- 1-AA (Single-Family Residential District) to REC (Recreation); declaring the proposed amendment to be consistent with the comprehensive plan of the City; providing for severability, conflicts, and providing for an effective date. H.Proposed Ordinance No. 25-044- First Reading, An Ordinance of the City Commission of the City of Boynton Beach, Florida, approving the abandonment of a portion of the 60' wide NW 7th Court right-of-way, commencing at the south line of the Stanford Park Plat and terminating at the north right-of-way line of Miner Road; authorizing the City Manager to execute a disclaimer, which shall be recorded with this ordinance in the public records of Palm Beach County, Florida; providing an effective date; and for all other purposes. 9.City Manager’s Report 10.Regular Agenda A.Discussion and Update- Eco Park Project Timeline and Grant Status. B.Strategic Plan Presentation and Update 11.Future Agenda Items A.Quarterly joint City/CRA coordination meeting - January 13, 2026 B.Discussion regarding combining City properties together to create senior affordable housing.- January 13, 2026 (CRA/City Joint meeting) C. Discussion regarding a proposed Ordinance of the City of Boynton Beach, Florida repealing and replacing Chapter 15 "Offenses- Miscellaneous*," Article I "In General" Noise Control-Short title," and creating new sections thereunder; providing for conflicts, severability, codification; and providing an effective date. Tabled at the August 19, 2025, meeting.- TBD Staff recommends approval of Proposed Ordinance No. 25-042, at first reading. Staff recommends approval of Proposed Ordinance No. 25-043, at first reading. Staff recommends approval of Proposed Ordinance No. 25-044, on first reading. Receive the Eco Park project update and provide direction to staff regarding the grant provider's response requiring the city to maintain the revised project scope to keep grant funding. Requested by Vice Mayor Hay. Requested by City Commission and CRA Board. Requested by Vice Mayor Hay. Requested by Commissioner Cruz 8 D.Discussion regarding Citywide Master Plan to light up the City.- TBD E.Discussion regarding requirements to construct required sidewalks and exemptions as outlined in Land Development Regulations, Chapter 4, Article VIII, Section 3 Standards, D Sidewalks. - TBD F.Discussion regarding creating a beautification board. - TBD G.Discussion on utility lift station upgrades and odor control - TBD H.Discussion in regards to an additional area that might be available as a future cemetery.- TBD I.Discussion regarding Amendments to the Code of Ordinances regarding flooding in the community.- TBD 12.Adjournment Requested by Commissioner Turkin. Requested by Commissioner Cruz. Requested by Commissioner Turkin. Requested by Vice Mayor Hay. Requested by Vice Mayor Hay. Requested by Commissioner Cruz. Notice If a person decides to appeal to any decision made by the City Commission with respect to any matter considered at this meeting, He/She will need a record of the proceedings and, for such purpose, He/She may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105) The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact the City Clerk's office, (561) 742-6060 or (TTY) 1-800-955-8771, at least 48 hours prior to the program or activity in order for the City to reasonably accommodate your request. Additional agenda items may be added subsequent to the publication of the agenda on the City's web site. Information regarding items added to the agenda after it is published on the City's web site can be obtained from the office of the City Clerk. 9 City of Boynton Beach Agenda Item Request Form 3.A Announcements, Community and Special Events And Presentations 11/18/2025 Meeting Date: 11/18/2025 City Announcements Requested Action: Tire Amnesty Week - December 1st through December 5th, 2025 Explanation of Request: City staff will present each of their events. Budgeted Item: Yes Account Line Item and Description: Each item has different account line items. Fiscal Impact: These are budgeted events. Attachments: Public Works Newsletter (Presentation).pdf 10 Solid Waste Division (561) 742-6000 | Monday–Friday, 7:30 A.M.–4:30 P.M. Place tires at the edge of the road, at least 3 feet from carts, mailboxes, and poles Keep tires separate from vegetation and other debris Ti re Am n e s ty Wee k Ti re Am n e s ty Wee k December 1–5, 2025 Clear out unwanted tires and help keep Boynton Beach clean. Residents may place up to 8 car or passenger tires (with or without rims) at the curb on their regular bulk collection day. Guidelines:..11 City of Boynton Beach Agenda Item Request Form 5.A Administrative 11/18/2025 Meeting Date: 11/18/2025 Advisory Board Appointments- Tabled at the November 4, 2025, Commission Meeting. Requested Action: City Commission to reappoint and appoint eligible members of the community to serve in vacant positions on City Advisory Boards. Explanation of Request: The City Clerk's Office has received applications from City residents who are seeking to become new board members. The attached list contains term openings and vacancies on the various advisory boards with the designated Commission members having responsibility for the appointment to fill each term opening and vacancy. How will this affect city programs or services? Appointments are necessary to keep City Advisory Boards full and operating as effectively as possible. Fiscal Impact: There is no fiscal impact to the budget for this item. Attachments: Advisory Board Appointments Reappointments and Applicants for November 18 2025.docx Ariella Tenenboim - Education and Youth Advisory Board.pdf 12 Advisory Board Vacancies November 18, 2025 Building Board of Adjustment and Appeals Regular Member 2 (2 year) terms Alternate Member 2 (1 year) terms III Turkin Regular Vacant IV Kelley Regular Vacant Mayor Shelton Alternate Vacant Applicants: None Education and Youth Advisory Board Regular Member 2 (2 year) terms Alternate/Student Member 2 (1 year) terms I Cruz Regular Vacant Vice Mayor Hay Student Vacant III Turkin Student Vacant IV Kelley Student Vacant Applicant: Ariella Tenenboim Student Appointment Historic Resources Preservation Board – Quasi-judicial Regular Member 2 (2 year) terms Alternate Member 2 (1 year) terms III Turkin Regular Vacant IV Kelley Alternate Vacant Mayor Shelton Alternate Vacant Applicants: None Library Advisory Board Regular Member 2 (2 year) terms Alternate Member 2 (1 year) terms III Turkin Regular Vacant Applicants: None Applications Received: 11/02/25 Regina Fay Sr. Adv. No vacancies notified via email 11/4/25 09/20/25 Taylor Millien E&YAB Does not live in the City- can apply for waiver, applicant notified via email 09/30/25. 09/08/25 Suzanne Ferguson CRAB No vacancies Applicant notified via email 9/8/25 08/07/25 Thiago Coracini CRAB No vacancies, not a registered voter, Applicant notified via email 08/08/25 06/11/25 Mark Karageorge CRAB No vacancies Applicant notified via email 6/16/25 04/06/25 Deborah Tarca CRAB No vacancies Applicant notified via email 4/18/25 13 Advisory Board Appointment Application Thank you for your interest in serving on one of the City's Advisory Boards and for taking the time to fill out this form. If instructions are not followed or the application is not filled out in its entirety, the form will be returned for clarification. EMAIL DISCLAIMER: Please be advised that under Florida law, e-mail addresses are public records. If you do not want your e- mail address released in response to a public-records request, do not send electronic mail. Instead, contact the City of Boynton Beach offices by phone or in writing: City of Boynton Beach, City Clerk's Office, City Hall, 100 E. Ocean Ave., Boynton Beach, FL 33435, Mailing address: P.O. Box 310, Boynton Beach, FL 33435-0310 | Phone: (561) 742-6060 | City Clerk FAX: (561) 742- 6090 Today's Date * First Name * Last Name * Phone Number * Email * Date of Birth * Street Address * Street Address 2 City * State * Zip Code * Country * Current occupation or, if retired prior occupation Education Are you a registered voter * Do you reside within the Boynton Beach City Limits?* 10/21/2025 Ariella Tenenboim 5613442843 ariella.tenenboim@gmail.com 6/27/2008 9422 Aqua Vista Blvd. Boynton Beach Florida 33437 United States Student High school student Yes No Yes No 14 Do you own/manage a business within City limits?* If Yes, Name of Business Are you currently serving on a City board?* Have you served on a City board in the past?* If Yes, which board(s) and when? Have you ever been convicted of a crime?* If Yes, when and where? Advisory Board * For board listing. requirements, responsibilities and meeting times and dates. please visit: Advisory Boards web page If appointed by the City Commission to serve as a Board Chair or Vice Chair are you willing to serve in this capacity?* Personal Qualifications * Professional Memberships * Attachments Your completed Advisory Board Appointment application will be added to the City's Talent Bank, a file to which Commissioners may turn for candidates when board openings occur. Certification * Yes No Yes No Yes No Yes No Please indicate which advisory board you are seeking appointment. Education and Youth Advisory Board Yes No What personal qualifications do you possess (i.e. profession, previous experience, branch of military service or organization which you feel would make you a good candidate for this board? Please be specific. , I am a passionate and dedicated student with an interest in politics and community improvement. I have previously served my community through volunteer work at my synagogue and school, and I now intend to assist the local governance to accomplish this same goal. Please list any professional memberships I am not currently a member of any professional bodies. Feel free to attach/upload an extra sheet or resume. Ari Tenenboim Resume.pdf 42.65KB I, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. I, the applicant, DO NOT certify that the statements and answers provided herein are true and accurate. 15 Ariella Tenenboim 9422 Aqua Vista Blvd. Boynton Beach, FL 33437 ariella.tenenboim@gmail.com Education Boynton Beach Community High School (Class of 2026) Rank: 1/387 Weighted GPA: 5.07 | Unweighted GPA: 3.94 Advanced coursework in AICE, Honors, and Dual Enrollment courses Leadership & Extracurricular Activities President, Dungeons & Dragons Club (8/30/2023–Present) Organized and led weekly game sessions, developing strategic thinking and collaboration skills. Community Chair, National Junior Art Honor Society (NJAHS) (8/22/2024–5/25/2025) Planned community outreach initiatives and other events alongside other club leaders. Head of Art, Art and Design Club (8/22/2025-Present) Oversaw member activities and ensured portfolio creation was proceeding in a timely manner Marketing Officer and Head Graphic Designer, Boynton Aerospace Science Academy (BASA) (8/22/2024–5/25/2025) Designed and produced all marketing materials across multiple mediums, including digital and print. Led branding and promotional efforts to increase engagement and visibility for BASA initiatives. 16 Member, Tiger Circle (8/22/2024–Present) Gave feedback on decisions made by the school as a representative of the student body. Secretary, Newsletter (8/29/2022–Present) Assisted in graphic design and content creation for the weekly publication while proposing methods of improving the newsletter and assisting its editors. Secretary, Chess Club (8/30/2023–Present) Developed critical thinking and problem-solving skills through competitive play alongside advising the president and sponsor to ensure the organization is meeting the needs of its members. Historian, Drama Club (8/22/2025-Present) Managed club marketing and recordkeeping while growing communicative and leadership skills. Volunteer Experience Temple Music Department Volunteer (with Cantor Jake, 8/16/2022–Present) Assisted in organizing musical performances and supported event logistics. The Giving Tree – Holiday Wish List Drive (2022–Present) Assisted in organizing and distributing holiday gifts for families in need, ensuring that each child received personalized presents. Helped input wish lists into the database and assisted with website updates to streamline the donation and distribution process Gained firsthand experience in nonprofit event coordination and community outreach 17 Internship Experience Temple Beth El – Backstage Technician (3/2025-Present) Gained experience in managing multiple aspects of large-scale productions involving live performances onetwoten marketing – Marketing Intern (5/2025-Present) Assisted nonprofit marketing agency with creative campaigns including video editing, graphic design and content creation Skills Strong foundation in STEM coursework with honors and AICE-level science, history, communications and mathematics. Graphic design and marketing experience through BASA leadership. Analytical thinking and problem-solving through chess and D&D leadership. Effective team leadership and collaboration in club and community activities. 18 City of Boynton Beach Agenda Item Request Form 5.B Administrative 11/18/2025 Meeting Date: 11/18/2025 Community Support Funds. Requested Action: Approve Community Support Fund requests from Commissioner Turkin. How will this affect city programs or services? NA Budgeted Item: Yes Account Line Item and Description: Community Support Funds: 001-1110-511-83-03- Commissioner Turkin Fiscal Impact: This is a budgeted line item. Attachments: 8. East Boynton Little League $950.doc 19 EXHIBIT “A” COMMUNITY SUPPORT FUNDS REQUEST FORM Part I - Summary of Request (to be completed by City Clerk) Date of Request: November 18, 2025 Requested by Mayor/Commissioner: Commissioner Turkin______ _ Amount Requested: $950 ___ _______________ Recipient/Payee: East Boynton Little League Description of project, program, or activity to be funded: Sponsorship for Spring 2026 Season __________________________________________________ ___________________ _________________________________________________ ____________________ Part II - Availability of funds The annual appropriation of funds available to the requesting Member of the Commission listed above is $3,000. The balance of funds available for the requesting Member of the Commission is $2500. Accordingly: There are funds available as requested There are insufficient funds available as requested Dated: ____________ By: _____________________________ Maylee De Jesús, City Clerk Part III-Eligibility Evaluation Public funds will not be used to improve private property unless there is a clear public need, purpose and benefit The recipient/payee provides services within the City The public purpose is beneficial to the entire community served by such donation Dated:_____________ By: ________________________________ Requesting Member of the City Commission 20 City of Boynton Beach Agenda Item Request Form 6.A Consent Agenda 11/18/2025 Meeting Date: 11/18/2025 Proposed Resolution No. R25-292- Approve the Supplemental Amendment to the Utility Work Agreement No. 1 (UWA) between the Florida Department of Transportation (FDOT) and the City of Boynton Beach for FDOT Project FPID 435804-1-56-03, Contract ATI74- SR-9/I-95 at SR-804 (Boynton Beach Boulevard) Interchange Improvements Project. Requested Action: Staff recommends approval of Proposed Resolution No. R25-292. Explanation of Request: In 2024, the Florida Department of Transportation (FDOT) and the City of Boynton Beach (City) executed a Utility Work Agreement (UWA) for Project FPID 435804-1-56-03, Contract ATI74- the SR-9/I-95 at SR-804 (Boynton Beach Boulevard) Interchange Project. The agreement was approved and executed under City Commission Agenda Item R24-284. The original UWA identified the amount FDOT would reimburse the City for the relocation of the existing water and wastewater infrastructure. The original Utility Work Estimate (UWE) included a total reimbursement amount of $1,158,033.79. In early 2025, the City retained an engineering firm to perform the detailed design, permitting, bidding, and limited services during construction for the utility relocations. This submittal includes a revised project cost estimate and supporting documentation to justify the need for additional funds. The revisions reflect changes in construction costs and project requirements identified during the design phase. As requested by the FDOT, the City is now submitting an updated UWE for the project. This update includes a revised project cost estimate and supporting documentation to justify the need for additional funds. The revised Utility Work Estimate (UWE) includes a total reimbursement amount of $4,391,260. 21 The net increase of $3,233,226.21 results in the attached Supplemental Amendment No. 1, which requires approval by the City Commission. Once the City Commission approves the UWE, this will be reviewed for approval by FDOT. How will this affect city programs or services? Allows City to work with FDOT to provide better transportation and roadways at one of the major artery roads into the City. Account Line Item and Description: Not applicable. Fiscal Impact: This is a positive fiscal impact for the City, as the Florida Department of Transportation (FDOT) is responsible for the reimbursement, and if approved, the amount the City will receive will cover the cost of the utility infrastructure relocation for the FDOT construction project. Attachments: R25-292 Agenda_Item_3882- 2025_Resolution_for_Amd__1_to_Utility_Work_Agreement_between_FDOT_and_City_for_SR- 95_and_SR-804.docx Exhibit A to Resolution - 435804-1-56-03 Agreement_Supplemental Amendment #1_UWA_City of Boynton Beach.pdf Signed UWE_Rev1.pdf R24-284 Executed Resolution and Agenda.pdf 22 RESOLUTION NO. R25-292 1 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 2 BEACH, FLORIDA, APPROVING A SUPPLEMENTAL AMENDMENT NO. 3 1 TO THE UTILITY WORK AGREEMENT BETWEEN THE CITY AND THE 4 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE I-5 95 INTERCHANGE AND BOYNTON BEACH BOULEVARD 6 IMPROVEMENTS PROJECT; AND FOR ALL OTHER PURPOSES. 7 8 WHEREAS, the City and the Florida Department of Transportation (“FDOT”) entered into 9 a Utility Work Agreement (“UWA”) for the construction, restructuring, or change of public road 10 and other improvements located on a public road or publicly owned rail corridor identified as SR-11 804/E. Ocean Avenue from SR-9/I-95 at SR-804/Boynton Beach Blvd. Interchange, which required 12 the relocation of existing water and wastewater infrastructure, approved by Resolution No. R24-13 284 on November 19, 2024; and 14 WHEREAS, the original UWA identified the amount FDOT would reimburse the City for 15 the relocation of the water and wastewater infrastructure to be $1,158,033.79, but upon the City’s 16 retention of an engineering firm to perform the detailed design, permitting, bidding, and limited 17 services during construction for the utility relocations, a new, total reimbursement amount of 18 $4,391,260.00 is provided in a revised Utility Work Estimate (“UWE”); and 19 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 20 best interests of the City's citizens and residents to approve the net increase of $3,233,226.21 to 21 the UWE, for a new total of $4,391,260.00, and approve Supplemental Amendment No. 1 between 22 the City and the Florida Department of Transportation to the Utility Work Agreement for the 23 construction, restructuring, or change of public road and other improvements located on a public 24 road or publicly owned rail corridor identified as SR-804/E. Ocean Avenue from SR-9/I-95 at SR-25 804/Boynton Beach Blvd. Interchange requiring the relocation of existing water and wastewater 26 infrastructure for additional funding. 27 28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 29 BEACH, FLORIDA, THAT: 30 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 31 being true and correct and are hereby made a specific part of this Resolution upon adoption. 32 23 RESOLUTION NO. R25-292 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 33 approve the Supplemental Amendment No. 1 in the amount of $3,233,226.21 to the Utility Work 34 Agreement with the Florida Department of Transportation for Construction of a mid-block 35 crossing during the Department's resurfacing work along SR-804/E. Ocean Avenue from SR-5/US-36 1 to SR-A1A/N. Ocean Boulevard requiring the relocation of existing water and wastewater 37 infrastructure for additional funding in the amount of $136,825 (the “Amendment”), in form and 38 substance similar to that attached as Exhibit A. 39 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby 40 authorizes the Mayor to execute the Supplemental Amendment No. 1. The Mayor is further 41 authorized to execute any ancillary documents as may be necessary to accomplish the purpose of 42 this Resolution. 43 SECTION 4. The Mayor-executed Amendment shall be forwarded to Milot Emile to 44 obtain execution of the Supplemental Amendment No. 1 by FDOT. Milot Emile shall ensure that 45 one fully executed Supplemental Amendment No. 1 is returned to the City, which will be provided 46 to the Office of the City Attorney for forwarding to the City Clerk for retention as a public record. 47 SECTION 5. This Resolution shall take effect in accordance with the law. 48 [SIGNATURES ON THE FOLLOWING PAGE] 49 50 24 RESOLUTION NO. R25-292 PASSED AND ADOPTED this ______________ day of ______________________________ 2025. 51 CITY OF BOYNTON BEACH, FLORIDA 52 YES NO 53 Mayor – Rebecca Shelton _____ _____ 54 55 Vice Mayor – Woodrow L. Hay _____ _____ 56 57 Commissioner – Angela Cruz _____ _____ 58 59 Commissioner – Thomas Turkin _____ _____ 60 61 Commissioner – Aimee Kelley _____ _____ 62 63 VOTE ______ 64 ATTEST: 65 66 _____________________________ ______________________________ 67 Maylee De Jesús, MPA, MMC Rebecca Shelton 68 City Clerk Mayor 69 70 APPROVED AS TO FORM: 71 (Corporate Seal) 72 73 _______________________________ 74 Shawna G. Lamb 75 City Attorney 76 25 Page 1 of 2 Financial Project ID: 435804-1-56-03 Federal Project ID:D418-023-B County: Palm Beach State Road No.: 9/I-95 District Document No.: AT174 Utility Agency/ Owner (UAO): City of Boynton Beach SUPPLEMENTAL AMENDMENT NUMBER ONE TO Utility Work Agreement (UWA) THIS AMENDMENT to the Utility Work Agreement (“UWA”) is made and entered into on this ___ day of ______, 20_____ by and among the City of Boynton Beach (“UAO” located in Palm Beach County, Florida, and the Florida Department of Transportation (“FDOT” or “Department”), (collectively “Parties”). WHEREAS, the parties entered into Utility Work Agreement (“UWA”) on or about December 5, 2024, (hereinafter “Agreement”) wherein the FDOT agreed to pay the UAO, to have the UAO contractor perform certain Utility Relocation work for the relocation of UAO’s facilities; and, WHEREAS, the parties wish to modify the Agreement to revise the utility Work estimate due to the increase to the changes to the relocation work. NOW THEREFORE, in consideration of the premises and the mutual covenants contained herein the FDOT and the UAO agree as follows: 1. See attached herewith and made a part hereto is the revised Utility Work Estimate that replaces the Utility Work Estimate on the Original Agreement. 2. The cost of the utility work stated in Paragraph 2.a; of the Original Agreement is to be updated as follows: Original Agreement Amount: $ 1,158,003.79 This Change (Supplemental Amendment No. One): $ 3,233,226.21 Total Agreement Amount: $ 4,391,260.00 Except as modified by this Amendment, all terms and conditions of the AGREEMENT shall remain in full force and effect. 26 Utility Work Agreement (FDOT Participating in Expense) Supplemental Amendment Number One Page 2 of 2 UTILITY: City of Boynton Beach By: _________________________________ WITNESSES: __________________________________ Witness Signature __________________________________ Print Name Legal Review By: _______________________________ City of Boynton Beach Attorney FLORIDA DEPARTMENT OF TRANSPORTATION John P. Krane, P.E., Director of Transportation Development Recommended Approval by District Utility Office By: (signature) _________________________________________ FDOT Legal Review By: (signature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³´RU³´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ttachment No. 3 10/15/2025Keith WEbber Digitally signed by Keith WEbber Date: 2025.10.15 10:00:48 -04'00' 28 5XOH)$& 3DJHRI )/25,'$'(3$570(172)75$163257$7,21 87,/,7<:25.(67,0$7( 'HFHPEHU )'27352-(&7,1)250$7,21 )LQDQFLDO3URMHFW,' )HGHUDO3URMHFW,' '% 6WDWH5RDG1XPEHU &RXQW\ 3DOP%HDFK )'273ODQV'DWHG 'LVWULFW'RFXPHQW1R 87,/,7<$*(1&<2:1(5 8$2 8WLOLW\&RPSDQ\ &LW\RI%R\QWRQ%HDFK -RE1RRU:RUN2UGHU1R 8$23URMHFW5HS .HLWK:HEHU 3KRQH (PDLO :HEEHU.#EEIOXV 8$2)LHOG5HS %UDQGRQ(FNHQZLOHU 3KRQH (PDLO (FNHQZLOHU%#EEIOXV 6(&7,21$ ,7(0,=('&267(67,0$7( ,WHP,WHP&RVW 2YHUKHDG 0XVWXVH³´RU³´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ttachment No. 3 10/15/2025Keith WEbber Digitally signed by Keith WEbber Date: 2025.10.15 10:00:48 -04'00' 29 City of Boynton Beach Agenda Item Request Form 6.I Consent Agenda 11/19/2024 Meeting Date: 11/19/2024 Proposed Resolution No. R24-284- Approve the Utility Work Agreement (UWA) between the Florida Department of Transportation (FDOT) and the City of Boynton Beach for I-95 Interchange and Boynton Beach Blvd. improvements project. Requested Action: Staff recommends approval of Proposed Resolution No. R24-284. Explanation of Request: The FDOT is currently engaging in a project which involves constructing, reconstructing, or otherwise changing a public road and other improvements located on a public road or publicly owned rail corridor identified as SR-9/I-95 at SR- 804/Boynton Beach Blvd. Interchange, State Road No.9. As part of the project, the City of Boynton Beach is relocating its utilities that conflicts with their design within the right-of-way. Work must be completed by the City per section 337.403, Florida Statutes. The Agreement is on an FDOT contract form, which includes non-standard business and legal terms, outlined in the attached disclosure document. How will this affect city programs or services? City Utilities will be installed or relocated to meet pavement change elevations, installation of drainage, bridge widening, and sidewalk construction. Fiscal Impact: The FDOT agrees to reimburse the City of Boynton Beach for a portion of the cost of the Utility Work, hereinafter referred to as the “FDOT Participating Amount.” The FDOT Participating Amount is estimated to be up to $1,158,034. Attachments: R24-284- Agenda Item 2401-2023 Resolution for FDOT Utility Work Agmt for I-95 Interchange.docx Disclosures for FDOT Utility Work Participating Agreement (I-95 Interchange).docx Exhibit A to Resolution - 435804-1 UWA - City of Boynton Beach.pdf City & FDOT Utility Conflicts.pdf 435804 City of Boynton UWE 9-10-2024.pdf UWS Executed.docx.pdf 30 RESOLUTION NO. R24-284 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, APPROVING A UTILITY WORK AGREEMENT 5 BETWEEN THE CITY AND THE STATE OF FLORIDA DEPARTMENT OF 6 TRANSPORTATION FOR THE I-95 INTERCHANGE AND BOYNTON 7 BEACH BOULEVARD IMPROVEMENTS PROJECT; AND FOR ALL OTHER 8 PURPOSES. 9 10 WHEREAS, the City owns or desires to install certain utility facilities which are located on 11 the public road or publicly owned rail corridor identified below, hereinafter referred to as the 12 "Facilities" (said term shall be deemed to include utility facilities as the same may be relocated, 13 adjusted, or placed out of service); and 14 WHEREAS, the State of Florida Department of Transportation ("FDOT") is currently 15 engaging in a project that involves constructing, reconstructing, or otherwise changing a public 16 road and other improvements located on a public road or publicly owned rail corridor identified 17 as SR-9/I-95 at SR-804/Boynton Beach Blvd. Interchange, State Road No.9, hereinafter referred to 18 as the "Project;" and 19 WHEREAS, the Project requires the location (vertically and/or horizontally), protection, 20 relocation, installation, adjustment, or removal of the Facilities, or some combination thereof, 21 hereinafter referred to as "Utility Work;" and 22 WHEREAS, the City, in accordance with and subject to the limitations of the terms and 23 conditions of the Agreement, is entitled to be reimbursed for some portion or all of the Utility 24 Work; and 25 WHEREAS, FDOT and the City desire to enter into an agreement that establishes the terms 26 and conditions applicable to the Utility Work; and 27 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 28 best interests of the city's citizens and residents to approve a Utility Work Agreement between 29 the City and the State of Florida Department of Transportation for the I-95 Interchange and 30 Boynton Beach Boulevard improvements project. 31 32 31 33 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 34 BEACH, FLORIDA, THAT: 35 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 36 being true and correct and are hereby made a specific part of this Resolution upon adoption. 37 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 38 approve a Utility Work Agreement between the City and the State of Florida Department of 39 Transportation (FDOT") for the I-95 Interchange and Boynton Beach Boulevard improvements 40 project (the "Agreement"), in form and substance similar to that attached as "Exhibit A." 41 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby 42 authorizes the Mayor to execute the Agreement. The Mayor is further authorized to execute any 43 ancillary documents required under the Agreement or necessary to accomplish the purposes of 44 the Agreement and this Resolution. 45 SECTION 4. The Mayor-executed Agreement shall be forwarded to Keith Webber to 46 obtain execution by FDOT. Keith Webber shall be responsible for ensuring that one fully executed 47 Agreement is returned to the City, to be provided to the Office of the City Attorney for forwarding 48 to the City Clerk for retention as a public record. 49 SECTION 5. This Resolution shall take effect in accordance with law. 50 51 52 53 signatures on the following page] 54 32 55 PASSED AND ADOPTED this !q day of MOiernbef 2024. 56 CITY OF BOYNTON BEACH, FLORIDA 57 YES- NO 58 Mayor-Ty Penserga 59 60 Vice Mayor-Aimee Kelley 61 62 Commissioner-Angela Cruz 63 64 Commissioner-Woodrow L. Hay 65 66 Commissioner-Thomas Turkin 67 68 VOTE 69 ATT 70 71 I to OIL111110 Z! 74 tit 72 Maylee Aei-sus, MPA i MC Ty 'u' - •a 73 City Clerk M. • 74 75 pNT .. , APPROVED AS TO FORM: 76 (Corporate Seal) ReoRarF.' 011 1 77 1 : SEAL :•• 192°.1: nn,,.. '' t ea/n6ED; u78i . 1NCDRoRAT ; % : 79 1g 2 p.,:. ; Shawna G. Lamb 80 t` •........... vFCity AttorneyLORr" 33 Form No.710-010-54 UTILITIES 10/04 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITY WORK AGREEMENT FDOT PARTICIPATING IN EXPENSE) Financial Project ID: 435804-1-56-03 Federal Project ID: D424 041 B County: Palm Beach State Road No.: 9 District Document No: Utility Agency/Owner(UAO): City of Boynton Beach THIS AGREEMENT, entered into this day of year of by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the"FDOT,"and City of Boynton Beach, hereinafter referred to as the "UAO"; WITNESSETH: WHEREAS, the UAO owns or desires to install certain utility facilities which are located on the public road or publicly owned rail corridor identified below, hereinafter referred to as the"Facilities,"(said term shall be deemed to include utility facilities as the same may be relocated, adjusted, or placed out of service); and WHEREAS, the FDOT, is currently engaging in a project which involves constructing, reconstructing, or otherwise changing a public road and other improvements located on a public road or publicly owned rail corridor identified as SR-9/I-95 at SR-804/Boynton Beach Blvd. Interchange, State Road No.9, hereinafter referred to as the "Project"; and WHEREAS, the Project requires the location (vertically and/or horizontally), protection, relocation, installation, adjustment, or removal of the Facilities, or some combination thereof, hereinafter referred to as "Utility Work"; and WHEREAS, the UAO, in accordance with and subject to the limitations of the terms and conditions of this Agreement, is entitled to be reimbursed for some portion or all of the Utility Work; and WHEREAS, the FDOT and the UAO desire to enter into an agreement which establishes the terms and conditions applicable to the Utility Work; NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein, the FDOT and the UAO hereby agree as follows: 1. Performance of Utility Work a. The UAO shall perform the Utility Work in accordance with the utility relocation schedule attached hereto as Exhibit A and by this reference made a part hereof (the "Schedule"), the plans and specifications for the Utility Work which have been previously approved by the FDOT (the "plans"), said Plans being incorporated herein and made a part hereof by this reference, and the detailed cost breakdown for the Utility Work (the "estimate") previously prepared. If the Schedule, the Plans, and the Estimate have not been prepared as of the date of the execution of this Agreement, then the Utility Work shall be performed in accordance with the Plans, the Schedule, and the Estimate that are hereafter prepared in compliance with the notice previously sent to the UAO which established the terms and conditions under which those documents are to be prepared. The FDOT's approval of the Plans shall not be deemed to be an adoption of the Plans by the FDOT nor a substitution for the proper exercise of engineering judgment and the UAO shall at all times remain responsible for any errors or omissions in the Plans.The Utility Work shall include all Facilities located on the Project and neither the failure of the UAO to include all of the Facilities in the Schedule nor the Plans nor the failure of the FDOT to identify this omission during its review of the Plans shall relieve the UAO of the obligation to make those Facilities part of the Utility Work. Time shall be of the essence in complying with the total time shown by the Schedule for the Utility Work as well as any and all interim time frames specified therein. The Utility Work shall be performed in a manner and using such Page 1 of 10 34 Form No.710-010-54 UTILITIES 10/04 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITY WORK AGREEMENT FDOT PARTICIPATING IN EXPENSE) methods so as to not cause a delay to the FDOT or its contractors in the prosecution of the Project. The UAO shall be responsible for all costs incurred as a result of any delay to the FDOT or its contractors caused by errors or omissions in the Plans, Schedule, or Estimate (including location of the Facilities and the proper inclusion of all Facilities as part of the Utility Work as stated above); failure to perform the Utility Work in accordance with the Plans and Schedule; or failure of the UAO to comply with any other obligation under this Agreement or under the law. b. All Utility Work shall be performed by the UAO's own forces or its contractor. The UAO shall be responsible for obtaining any and all permits that may be necessary to perform the Utility Work. The FDOT's Engineer (as that term is defined by the FDOT's Standard Specifications for Road and Bridge Construction) has full authority over the Project and the UAO shall be responsible for coordinating and cooperating with the FDOT's Engineer. In so doing, the UAO shall make such adjustments and changes in the Plans and Schedule as the FDOT's engineer shall determine are necessary for the prosecution of the Project and shall stop work or modify work upon order of the FDOT's engineer as determined by the FDOT's engineer to be necessary for public health, safety or welfare. The UAO shall not be responsible for the cost of delays caused by such adjustments or changes unless they are attributable to the UAO pursuant to Subparagraph 1 a. c. After the FDOT has received a proper Schedule, Estimate and Plans, the FDOT will issue a notice to the UAO which authorizes the Utility Work to proceed. The UAO shall notify the appropriate FDOT office in writing prior to beginning the Utility Work and when the UAO stops, resumes, or completes the Utility Work. The Utility Work shall be performed under the conditions of, and upon completion of the Utility Work, the Facilities shall be deemed to be located on the public road or publicly owned rail corridor under and pursuant to, the Utility Permit Note: Intent of this line is to allow either attachment of or separate reference to the permit). 2. Claims Against UAO a. In the event the FDOT's contractor provides a notice of intent to make a claim against the FDOT relating to the Utility Work, the FDOT will, in accordance with the FDOT's procedure, notify the UAO of the notice of intent and the UAO will thereafter keep and maintain daily field reports and all other records relating to the intended claim. b. In the event the FDOT's contractor makes any claim against the FDOT relating to the Utility Work, the FDOT will notify the UAO of the claim and the UAO will cooperate with the FDOT in analyzing and resolving the claim within a reasonable time. Any resolution of any portion of the claim directly between the UAO and the FDOT's contractor shall be in writing, shall be subject to written FDOT concurrence and shall specify the extent to which it resolves the claim against the FDOT. c. The FDOT may withhold reimbursement to the UAO until final resolution (including any actual payment required) of all claims relating to the Utility Work. The right to withhold shall be limited to actual claim payments made by FDOT to FDOT's contractor. 3. Reimbursement for Utility Work a. The FDOT agrees to reimburse the UAO for a portion of the cost of the Utility Work, hereinafter referred to as the "FDOT Participating Amount." The FDOT Participating Amount is established by the FDOT's Utility Estimate Summary form or similar form submitted to and accepted by the FDOT and the forms supporting documentation. The FDOT Participating Amount is estimated to be 1,158,034.00. Any costs not included in the approved Plans and Estimate and any location work vertically or horizontally) or other engineering work performed to determine the compensability of the Utility Work shall not be reimbursed by the FDOT. The UAO shall obtain written approval from the FDOT prior to performing Utility Work which exceeds the Estimate or which is not in the Plans. Page 2 of 10 35 Form No 710-010-54 UTILITIES 10/04 STA-E OF FL OR DA DEPAR'MENI OF TRANSPOR-A'ION UTILITY WORK AGREEMENT FDOT PARTICIPATING IN EXPENSE) b. The method to be used in calculating the cost of the Utility Work shall be one of the following (check which option applies): Actual and related indirect costs accumulated in accordance with a work order accounting procedure prescribed by the applicable Federal or State regulatory body. Actual and related indirect costs accumulated in accordance with an established accounting procedure developed by the UAO and approved by the FDOT's. (If this option is selected, the UAO shall provide written evidence of such approval). An agreed lump sum as supported by a detailed analysis of estimated costs prepared prior to the execution of this Agreement. c. In determining the amount of the cost of the Utility Work to be reimbursed, a credit will be required for any increase in the value of the new Facility and for any salvage derived from the old Facility. These credits shall be determined as follows: 1) Increase in value credit. a) Expired Service Life. If an entirely new Facility is constructed and the old Facility retired, credit for the normally-expected service life of the old Facility applies, and will be determined as of the time of the issuance of the work order. This credit shall be deducted proportionally from each invoice for the Utility Work. b) Upgrading. A percentage of the total cost of the Utility Work, based on the extent of the betterment obtained from the new Facilities, to be determined as of the time of the issuance of the work order, will be applied equally to each billing for the Utility Work. 2) Salvage Value. The FDOT shall receive salvage value credit for any salvage which shall accrue to the UAO as a result of the above Utility Work. It is the UAO's responsibility to ensure recovery of salvageable materials and to report the salvage value of same to the FDOT. This Salvage Value credit shall be applied as provided in Paragraph 4 c. 4. Invoice Procedures for FDOT Participating Amount The following terms and conditions apply to all invoices submitted pursuant to this Agreement for reimbursement of the FDOT Participating Amount: a. The UAO may, unless reimbursement is on a lump sum basis pursuant to Subparagraph 3. b. hereof, at monthly intervals, submit progress invoices for all costs incurred for the period covered by the invoice. In addition to deductions for applicable credits, which deductions shall be shown on the invoice, the FDOT will retain ten (10%) percent of such progress invoices. Retainage will be paid with the final invoice. If reimbursement is on a lump sum basis pursuant to Subparagraph 3.b. hereof, the lump sum invoice shall be submitted as a final invoice pursuant to Subparagraph 4.b. below. b. The UAO shall submit a final invoice to the FDOT for payment of all Utility Work within one hundred and eighty (180) days after written notification from the FDOT of final acceptance of the Utility Work. The UAO waives all right of reimbursement for invoices submitted more than one hundred eighty 180)days after written notification of final acceptance of the Utility Work. The FDOT does not waive its right to reject future untimely invoices by acceptance and payment of any invoices not submitted within one hundred eighty (180)days after written notification of final acceptance of the Utility Work. Page 3 of 10 36 Form No 710-010-54 UTILITIES 10/04 SATE OF FIOR DA DEPARTMENT OF-RANSPORTA'ON UTILITY WORK AGREEMENT FDOT PARTICIPATING IN EXPENSE) c. All invoices shall be arranged in the order of items contained in the Estimate referred to in Paragraph 1. The totals for labor,overhead,travel expenses, transportation, equipment, materials and supplies, handling costs and all other services shall be shown in such a manner as will allow ready comparison with the approved Plan and Estimate. Materials shall be itemized where they represent major components. Salvage credits from recovered and replaced permanent and recovered temporary materials shall be reported in relative position with the charge for the replacement or the original charge for temporary use. d. All invoices shall be submitted in triplicate and shall show the description and site of the project and the location where the records and accounts invoiced can be audited. Adequate reference shall be made in the invoicing to the UAO's records, accounts, and other relevant documents. e. All cost records and accounts shall be maintained in the auditable condition for a period of eight hundred twenty (820) days after final payment is received by the UAO and shall be subject to audit by a representative of the FDOT at any reasonable time during this eight hundred twenty (820) day period. f. Invoices for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. Such detail shall include, but not be limited to, a separation of costs for work performed by UAO's employees and work performed by UAO's contractor. g. Invoices for any travel expenses shall be submitted in accordance with Section 112.061, Florida Statutes. A state agency may establish rates lower than the maximum provided in Section 112.061, Florida Statutes. h. Upon receipt of an invoice, the FDOT has thirty (30) days to inspect and approve the goods and services. The FDOT has twenty (20) days from the latter of the date the invoice is received or the goods or services are received, inspected and approved to deliver a request for payment (voucher) to the Department of Financial Services or to return the invoice to the UAO. If a warrant in payment of an invoice is not issued within forty(40)days from the latter of the date the invoice is received or the goods or services are received, inspected and approved,a separate interest penalty, as established pursuant to Section 215.422, Florida Statutes, will be due and payable in addition to the invoice amount, to the UAO. Interest penalties of less than one (1) dollar will not be enforced unless the UAO requests payment. Invoices which have to be returned to the UAO because of UAO's preparation errors,will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the FDOT. In the event of a bona fide dispute, the FDOT's voucher shall contain a statement of the dispute and authorize payment only of the undisputed amount. j. In accordance with Section 287.0582, Florida Statutes, the State of Florida's performance and obligation to pay under this contract is contingent upon an annual appropriation by the legislature. k. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for vendors who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at 850)410-9724 or by calling the Chief Financial Officer's Hotline, 1-800-848-3792. In accordance with the Florida Statutes, the FDOT, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The FDOT shall require a statement from the comptroller of the FDOT that funds are Page 4 of 10 37 Form No.710-010-54 UTILITIES 10/04 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITY WORK AGREEMENT FDOT PARTICIPATING IN EXPENSE) available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one (1) year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this Paragraph shall be incorporated verbatim in all contracts of the FDOT which are for an amount in excess of$25,000.00 and which have a term for a period of more than one (1) year. For this purpose, the individual work orders shall be considered to be the binding commitment of funds. m. PUBLIC ENTITY CRIME INFORMATION STATEMENT: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. n. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. 5. Out of Service Facilities No Facilities shall be left in place on FDOT's Right of Way after the Facilities are no longer active hereinafter "Placed out of service/Deactivated") unless specifically identified as such in the Plans. The following terms and conditions shall apply to Facilities Placed out of service/Deactivated, but only to said Facilities Placed out of service/Deactivated: a. The UAO acknowledges its present and continuing ownership of and responsibility for Facilities Placed out of service/Deactivated. b. The FDOT agrees to allow the UAO to leave the Facilities within the right of way subject to the continuing satisfactory performance of the conditions of this Agreement by UAO. In the event of a breach of this Agreement by UAO, the Facilities shall be removed upon demand from the FDOT in accordance with the provisions of Subparagraph 5. e. below. c. The UAO shall take such steps to secure the Facilities and otherwise make the Facilities safe in accordance with any and all applicable local, state or federal laws and regulations and in accordance with the legal duty of the UAO to use due care in its dealings with others. The UAO shall be solely responsible for gathering all information necessary to meet these obligations. d. The UAO shall keep and preserve all records relating to the Facilities, including, but not limited to, records of the location, nature of, and steps taken to safely secure the Facilities and shall promptly respond to information requests concerning the Facilities that are Placed out of service/Deactivated of the FDOT or other permittees using or seeking use of the right of way. e. The UAO shall remove the Facilities upon 30 days prior written request of the FDOT in the event that the FDOT determines that removal is necessary for FDOT use of the right of way or in the event that the FDOT determines that use of the right of way is needed for other active utilities that cannot be Page 5 of 10 38 Form No.710-010-54 UTILITIES 10/04 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITY WORK AGREEMENT FDOT PARTICIPATING IN EXPENSE) otherwise accommodated in the right of way. In the event that the Facilities that are Placed out of Service/Deactivated would not have qualified for reimbursement under this Agreement, removal shall be at the sole cost and expense of the UAO and without any right of the UAO to object or make any claim of any nature whatsoever with regard thereto. In the event that the Facilities that are Placed out of service/Deactivated would have qualified for reimbursement only under Section 337.403(1)(a), Florida Statutes, removal shall be at the sole cost and expense of the UAO and without any right of the UAO to object or make any claim of any nature whatsoever with regard thereto because such a removal would be considered to be a separate future relocation not necessitated by the construction of the project pursuant to which they were Placed out of service/Deactivated, and would therefore not be eligible and approved for reimbursement by the Federal Government. In the event that the Facilities that are Placed out of service/Deactivated would have qualified for reimbursement for other reasons, removal of the out of service Facilities shall be reimbursed by the FDOT as though the Facilities had not been Placed out of service/Deactivated. Removal shall be completed within the time specified in the FDOT's notice to remove. In the event that the UAO fails to perform the removal properly within the specified time, the FDOT may proceed to perform the removal at the UAO's expense pursuant to the provisions of Sections 337.403 and 337.404, Florida Statutes. f. Except as otherwise provided in Subparagraph e. above, the UAO agrees that the Facilities shall forever remain the legal and financial responsibility of the UAO. The UAO shall reimburse the FDOT for any and all costs of any nature whatsoever resulting from the presence of the Facilities within the right of way. Said costs shall include, but shall not be limited to, charges or expenses which may result from the future need to remove the Facilities or from the presence of any hazardous substance or material in the Facilities or the discharge of hazardous substances or materials from the Facilities. Nothing in this Paragraph shall be interpreted to require the UAO to indemnify the FDOT for the FDOT's own negligence; however, it is the intent that all other costs and expenses of any nature be the responsibility of the UAO. 6. Default a. In the event that the UAO breaches any provision of this Agreement, then in addition to any other remedies which are otherwise provided for in this Agreement, the FDOT may exercise one or more of the following options, provided that at no time shall the FDOT be entitled to receive double recovery of damages: 1) Terminate this Agreement if the breach is material and has not been cured within 60 days from written notice thereof from FDOT. 2) Pursue a claim for damages suffered by the FDOT. 3) If the Utility Work is reimbursable under this Agreement,withhold reimbursement payments until the breach is cured. The right to withhold shall be limited to actual claim payments made by FDOT to third parties. 4) If the Utility Work is reimbursable under this Agreement, offset any damages suffered by the FDOT or the public against payments due under this Agreement for the same Project. The right to offset shall be limited to actual claim payments made by FDOT to third parties. 5) Suspend the issuance of further permits to the UAO for the placement of Facilities on FDOT property if the breach is material and has not been cured within 60 days from written notice thereof from the FDOT until such time as the breach is cured. 6) Pursue any other remedies legally available. 7) Perform any work with its own forces or through contractors and seek repayment for the Page 6 of 10 39 Form No.710-010-54 UTILITIES 10/04 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITY WORK AGREEMENT FDOT PARTICIPATING IN EXPENSE) cost thereof under Section 337.403(3), Florida Statutes. b. In the event that the FDOT breaches any provision of this Agreement, then in addition to any other remedies which are otherwise provided for in the Agreement, the UAO may exercise one or more of the following options: 1) Terminate this Agreement if the breach is material and has not been cured within 60 days from written notice thereof from the UAO. 2) If the breach is a failure to pay an invoice for Utility Work which is reimbursable under this Agreement, pursue any statutory remedies that the UAO may have for failure to pay invoices. 3) Pursue any other remedies legally available. c. Termination of this Agreement shall not relieve either party from any obligations it has pursuant to other agreements between the parties and from any statutory obligations that either party may have with regard to the subject matter hereof. 7.Indemnification FOR GOVERNMENT-OWNED UTILITIES: To the extent provided by law, the UAO shall indemnify, defend, and hold harmless the FDOT and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any acts, action, error, neglect, or omission by the UAO, its agents, employees, or contractors during the performance of the Agreement, whether direct or indirect, and whether to any person or property to which FDOT or said parties may be subject, except that neither the UAO, its agents, employees, or contractors will be liable under this section for damages arising out of the injury or damage to persons or property directly caused by or resulting from the negligence of the FDOT or any of its officers, agents, or employees during the performance of this Agreement. When the FDOT receives a notice of claim for damages that may have been caused by the UAO in the performance of services required under this Agreement, the FDOT will immediately forward the claim to the UAO. The UAO and the FDOT will evaluate the claim and report their findings to each other within fourteen (14)working days and will jointly discuss options in defending the claim. After reviewing the claim, the FDOT will determine whether to require the participation of the UAO in the defense of the claim or to require the UAO to defend the FDOT in such claim as described in this section. The FDOT's failure to notify the UAO of a claim shall not release the UAO from any of the requirements of this section. The FDOT and the UAO will pay their own costs for the evaluation, settlement negotiations, and trial, if any. However, if only one party participates in the defense of the claim at trial, that party is responsible for all costs. FOR NON-GOVERNMENT-OWNED UTILITIES: The UAO shall indemnify, defend, and hold harmless the FDOT and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any acts, action, error, neglect, or omission by the UAO, its agents, employees, or contractors during the performance of the Agreement,whether direct or indirect,and whether to any person or property to which FDOT or said parties may be subject, except that neither the UAO, its agents, employees, or contractors will be liable under this section for damages arising out of the injury or damage to persons or property directly caused by or resulting from the negligence of the FDOT or any of its officers, agents, or employees during the performance of this Agreement. Page 7 of 10 40 Form No 710-010-54 UTILITIES 10/04 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITY WORK AGREEMENT FDOT PARTICIPATING IN EXPENSE) The UAO's obligation to indemnify, defend, and pay for the defense or at the FDOT's option, to participate and associate with the FDOT in the defense and trial of any damage claim or suit and any related settlement negotiations, shall arise within fourteen (14) days of receipt by the UAO of the FDOT's notice of claim for indemnification to the UAO. The notice of claim for indemnification shall be served by certified mail. The UAO's obligation to defend and indemnify within fourteen (14) days of such notice shall not be excused because of the UAO's inability to evaluate liability or because the UAO evaluates liability and determines the UAO is not liable or determines the FDOT is solely negligent. Only a final adjudication or judgment finding the FDOT solely negligent shall excuse performance of this provision by the UAO. The UAO shall pay all costs and fees related to this obligation and its enforcement by the FDOT. The FDOT's delay in notifying the UAO of a claim shall not release UAO of the above duty to defend. 8. Force Majeure Neither the UAO nor the FDOT shall be liable to the other for any failure to perform under this Agreement to the extent such performance is prevented by an act of God,war, riots, natural catastrophe,or other event beyond the control of the non-performing party and which could not have been avoided or overcome by the exercise of due diligence; provided that the party claiming the excuse from performance has (a) promptly notified the other party of the occurrence and its estimated duration, (b)promptly remedied or mitigated the effect of the occurrence to the extent possible, and (c) resumed performance as soon as possible. 9. Miscellaneous a. If the Utility Work is reimbursable under this Agreement, the UAO shall fully comply with the provisions of Title VI of the Civil Rights Act of 1964 and any subsequent revisions thereto in connection with the Utility Work covered by this agreement, and such compliance will be governed by the method marked below: The UAO will perform all or part of such Utility Work by a contractor paid under a contract let by the UAO,and the Appendix"A"of Assurances transmitted with the issued work order will be included in said contract let by the UAO. The UAO will perform all of its Utility Work entirely with UAO' s forces, and Appendix "A" of Assurances is not required. The Utility Work involved is agreed to by way of just compensation for the taking of the UAO's facilities on right-of-way in which the UAO holds a compensable interest, and Appendix "A" of Assurances is not required. The UAO will perform all such Utility Work entirely by continuing contract, which contract to perform all future Utility Work was executed with the UAO's contractor prior to August 3, 1965, and Appendix "A" of Assurances is not required. b. The Facilities shall at all times remain the property of and be properly protected and maintained by the UAO in accordance with the then current Utility Accommodation Manual and the current utility permit for the Facilities. c. Pursuant to Section 287.058, Florida Statutes, the FDOT may unilaterally cancel this Agreement for refusal by the UAO to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the UAO in conjunction with this Agreement. d. This Agreement constitutes the complete and final expression of the parties with respect to the subject matter hereof and supersedes all prior agreements, understandings, or negotiations with respect thereto,except that the parties understand and agree that the FDOT has manuals and written Page 8 of 10 41 Form No.710-010-54 UTILITIES 10/04 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITY WORK AGREEMENT FDOT PARTICIPATING IN EXPENSE) policies and procedures which shall be applicable at the time of the Project and the relocation of the Facilities and except that the UAO and the FDOT may have entered into joint agreements for Utility Work to be performed by FDOT's highway contractor. To the extent that such a joint agreement exists, this Agreement shall not apply to Facilities covered by the joint agreement. Copies of FDOT manuals, policies, and procedures will be provided to the UAO upon request. e. This Agreement shall be governed by the laws of the State of Florida. Any provision hereof found to be unlawful or unenforceable shall be severable and shall not affect the validity of the remaining provisions hereof. f. Time is of the essence in the performance of all obligations under this Agreement. g. All notices required pursuant to the terms hereof may be sent by first class United States Mail, facsimile transmission, hand delivery, or express mail and shall be deemed to have been received by the end of five business days from the proper sending thereof unless proof of prior actual receipt is provided. The UAO shall have a continuing obligation to notify each District of the FDOT of the appropriate persons for notices to be sent pursuant to this Agreement. Unless otherwise notified in writing, notices shall be sent to the following addresses: If to the UAO: Milot Emile, P.E., Boynton Beach Utilities 124 E. Woolbright Rd., Boynton Beach, FL 33435 emilem@bbfl.us/(561)742-6407 If to the FDOT: Kadian McLean, District Utilities Administrator 3400 W. Commercial Blvd. Ft. Lauderdale, FL 33309 Kadian.McLean@dot.state.fl.us/(954)777-4128 10. Certification This document is a printout of an FDOT form maintained in an electronic format and all revisions thereto by the UAO in the form of additions, deletions, or substitutions are reflected only in an Appendix entitled Changes To Form Document" and no change is made in the text of the document itself. Hand notations on affected portions of this document may refer to changes reflected in the above-named Appendix but are for reference purposes only and do not change the terms of the document. By signing this document, the UAO hereby represents that no change has been made to the text of this document except through the terms of the appendix entitled "Changes To Form Document." You MUST signify by selecting or checking which of the following applies: No changes have been made to this Form Document and no Appendix entitled "Changes to Form Document" is attached. No changes have been made to this Form Document, but changes are included on the attached Appendix entitled "Changes to Form Document." IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the day and year first written. UTILITY: City of Boynton Beach pF BOY/vT BY: Si•nature A ••••oRPoR••.2 ATE: ATF`Cn l V CITY TTOR S O FIE Page 9 of 10 : •I,YC SEA I A t. an i j ORP 2I By: 2ShawnaG.Lamb,1 O City Attorney I/••••••••,• ORIDA 42 Form No 710-010-54 UTILITIES 10/04 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITY WORK AGREEMENT FDOT PARTICIPATING IN EXPENSE) Typed Name: Tv Penserga Typed Title: Mayor Recommend Approval by the District Utility Office BY: (Signature) DATE: FDOT Legal review BY: (Signature) DATE: District Counsel STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: (Signature) DATE: Typed Name: Steven C. Braun, P.E.) Typed Title: Director of Transportation Development) FEDERAL HIGHWAY ADMINISTRATION (if applicable) BY: DATE: Typed Name: Typed Title: Page 10 of 10 43 Attachments 435804-1-56-03 1. Exhibit A — Utility Work Schedule 2. Exhibit B — Utility Work Estimate 3. Appendix A of Assurances 44 EXHIBIT A Rule 1448.001 FAC 710-010-05FLORIDADEPARTMENTOFTRANSPORTATION IES UTILITY WORK SCHEDULE UTILI Page 1 of 6 Pursuant to Section 337.403 F.S.,the UAO and FDOT agree to the UAO's need for relocation or adjustment to its utilities and FDOT's need for a schedule for the UAO to effect the relocation or adjustment.This utility work schedule is based on FDOT plans dated in the project information box below. Any deviation by FDOT or its contractor from these plans,may void this utility work schedule.Upon notification by FDOT of a change to these plans,the UAO may negotiate a new utility work schedule.The UAO agrees to notify FDOT and the contractor in writing prior to starting,stopping,resuming,and completing work in accordance with this utility work schedule.The UAO shall obtain a utility permit and comply with requirements of the 2017 Utility Accommodation Manual(UAM)for all work done under this utility work schedule.The UAO is not responsible for events beyond the control of the UAO that could not be reasonably anticipated by the UAO and which could not be avoided by the UAO with exercise of due diligence at the time of the occurrence. FDOT PROJECT INFORMATION Financial Project ID: 435804-1-52-01 Federal Project ID: D424 041 B State Road Number: 804 County: Palm Beach FDOT Plans Dated: 7/19/2024 District Document No.: UTILITY AGENCY/OWNER(UAO) Utility Company: City of Boynton Beach UAO Project Rep: Keith Webber Phone: 561-742-6454 E-mail: WebberK@bbfl.us UAO Field Rep: Brandon Eckenwiler Phone: 561-660-1477 E-mail: EckenwilerB@bbfl.us UTILITY SIGNATURE I have reviewed the FDOT plans referenced above and submit this utility work schedule in compliance with UAM Section 5 and agree to be bound by the terms of this utility work schedule. UAO Rep. nc/ /6)( 7-' Date9/1 2024 Name Keith Webber Title Assistant Director of Utilities, Engineering,COBB ENGINEER OF RECORD SIGNATURE I attest this utility work schedule in compatibleatwith the FDOT plans referenced above. EOR.f1 1tZ?&cV /1(ZdtA:%Date 9 /17/ 24 Name C is J.Kendrick,P.E. Title Engineer of Record APPROVAL BY DISTRICT UTILITIES This utility work scpecluilEAfeRaggf and acceptable to FDOT. FDOT Rep. Will ar'W s1'b(&. Date 09/20)/2024 1 11:23 AM EDT Name '—tld E66C6BFA3Png Title Utilities Project Manager SECTION A: SUMMARY OF UTILITY WORK The below days are the total numbers of days shown for all activates in Section C of this utility work schedule.The breakdown of how these days are to be incorporated into the FDOT project and the dependence of these days upon the completion of other activities by the UAO or others is shown in Section C. Days prior to FDOT project construction: 165 Days during FDOT project construction:141.5 45 Rule 14-46.001 F.A.0 710-010-05FLORIDADEPARTMENTOFTRANSPORTATION UTILITIES UTILITY WORK SCHEDULE 12/16 Page 2 of 6 Financial Project ID:435804-1-52-01 Utility Company: City of Boynton Beach FDOT Plans Dated: 7/19/2024 SECTION B: UAO SPECIAL CONDITIONS/CONSTRAINTS Provide the City of Boynton Beach Utilities Department with at least 48 hours advance notice for City of Boyntom Beach Utility Locates. City of Boynton Beach Utilities'Contractor to coordinate with the FDOT's Highway Contractor for the City of Boynton Beach's Utility Relocation/Adjustments. 46 Rule 14-46.001 F.A.0 710-010-05FLORIDADEPARTMENTOFTRANSPORTATION UTILITIES UTILITY WORK SCHEDULE 12/16 Page 3 of 6 Financial Project ID:435804-1-52-01 Utility Company: City of Boynton Beach FDOT Plans Dated: 7/19/2024 SECTION C: UAO's WORK ACTIVITIES Consecutive Utility Facility From To Utility Work Activity Dependent Calendar DaysAct.No. TCP Phase type,size,material,status) Station/Offset Station/Offset Description Activity Prior to During Const.Const. 1 Design Services FDOT Approved UWS 60 0 2 Permitting FDOTApproved UWS 60 _ 0 3 Work Authorization Approval FDOT Approved UWS 45 0 4 Water Valve 21+03.0/21+03.0/ Adjust Elevation Pavement Elevation Change V 0 0.5 46.7'RT _ 46.7 RT _ 5 Water Valve 21+17.0/21+17.0/ Adjust Elevation Pavement Elevation Change V 0 0.546.4'RT 46.4'/RT 6 Water Valve 21+23.9/21+23.9/ Adjust Elevation Pavement Elevation Change V 0 0.5 56.5'LT 56.5'LT _ 7 Sewer Valve 21+67.9/21+67.9/ Adjust Elevation Pavement Elevation Change V 0 0.547.7'LT 47.7'LT 21+85.0/27+86.8/ 16"Force Main to be 8 16"Force Main 49.0'LT 47.6'LT deflected 12"below the Drainage Construction IIIB 0 10 18"STS Pipe 9 Water Valve 22+92.3/22+92.3/ Adjust Elevation Pavement Elevation Change V 0 0.547.0'RT _ 47.0'RT 10 Sewer Valve 23+20.9/23+20.9/ Adjust Elevation Drainage Construction V 0 0.547.8'LT 47.8'LT 24+53.5/24+53.5/ Support&Protect 6" 11 6"Water Main 60.2'LT 60.2'LT Water Main During Drainage Construction IIIB 0 2 Drainage Construction 27+03.6/27+04.2/ 8"Force Main to be 12 8"Force Main 85.0'LT 105.0'LT deflected 12"below the Drainage Construction IIIB 0 3 18"STS Pipe 27+86.8/27+91.5/ 16"Force Main to be 13 16"Force Main 47.6'LT 80.0'RT deflected 12"below the Drainage Construction IIIB 0 5 18"STS Pipes 27+33.2/27+33.2/ Support and Protect 3: 14 3"Water Main 94.8'LT 94.8'LT Water Main During Drainage Construction IIIB 0 2 Drainage Construction 3"Water Main to be 27+35.5/27+35.5/ deflected horizontally and153"Water Main 30.0'LT 55.0'LT vertically 12"below the Drainage Construction IIIB 0 5 18"STS Pipe 16 Water Valve 27+52.0/27+52.0/ Adjust Elevation Pavement Elevation Change V 0 0.547.2'RT 47.2'RT 17 Sewer Manhole 27+84.7/27+84.7/ Adjust Elevation Pavement Elevation Change V 0 194.6'RT 94.6'RT 27+80.0/27+87.5/ Deflect 12"Force Main 18 12"Force Main 47.5'LT 35.0'LT vertically 12"below the Drainage Construction IIIB 0 3 30"STS Pipe 12"Force Main to be 27+90.4/27+91.3/ deflected vertically 12"19 12"Force Main 50.0'RT 70.0'RT below the Drainage Construction IIB 0 3 18"STS Pipe 47 Rule 14-46.001 F.A.0 710-010-05FLORIDADEPARTMENTOFTRANSPORTATION UTILITIES UTILITY WORK SCHEDULE 12/16 Page 4 of 6 Consecutive Act.No. Utility Facility From To Utility Work Activity Dependent Calendar Days type,size,material,status) Station/Offset Station/Offset Description Activity TCP Phase Prior to During Const. Const. 16"Water Main to be 20 16"Water Main 27+99.4/27+99.5/ deflected vertically 12" Drainage Construction IIB 0 550.0'RT 70.0'RT below the 18"STS Pipe 21 Water Valve 27+99.4/27+99.4/ Adjust Elevation Pavement Elevation Change V 0 0.565.2'RT 65.2'RT 10"Water Main to be 22 10"Water Main 28+08.2/28+08.2/ deflected vertically 12" Drainage Construction IIB 0 550.0'RT 70.0'RT below the 18"STS Pipe 23 Water Valve 28+21.3/28+21.3/ Adjust Elevation Roadway Widening V 0 0.553.5'RT 53.5'RT 10"Water Main to be 24 10"Water Main 28+36.7/28+56.7/ deflected vertically 12" Drainage Construction IIB 0 553.1'RT 52.2'RT below the 18"STS Pipe 6"Water Main to be 25 6"Water Main 29+10.6/29+10.6/ deflected vertically 12" Drainage Construction IIB 0 553.5'RT 68.5'RT below the 18"STS Pipe 29+10.8/29+10.8/ Support&Protect 6" 26 6"Water Main 66.1'RT 66.1'RT Water Main During Gravity Wall Construction IIB 0 2 Gravity Wall Construction 10"Water Main to be 27 10"Water Main 30+00.8/29+99.6/ deflected vertically 12" Drainage Construction IIIB 0 540.0'LT 55.0'LT below the 30"STS Pipe 28 Water Valve 30+04.7/30+04'7/ Adjust Elevation Roadway Widening V 0 0.554.6'RT 54.6'RT 29 Water Valve 30+08.2/30+08.2/ Adjust Elevation Roadway Widening V 0 0.550.8'RT 50.8'RT 30 Water Valve 31+52.2/31+52.2/ Adjust Elevation Sidewalk Construction V 0 0.567.5'RT 67.5'RT 31 Water Valve 31+74.5/31+74.5/ Adjust Elevation Pavement Elevation Change V 0 0.571.5'RT 71.5'RT 32 Water Valve 31+74.9/31+74.9/ Adjust Elevation Pavement Elevation Change V 0 0.569.2'RT 69.2'RT 33 Water Valve 31+93.8/31+93.8/ Adjust Elevation Pavement Elevation Change V 0 0.5101.5'LT 101.5'LT 31+99.7/31+99.9/ Deflect 8"Water Main 34 8"Water Main 58.6'LT 38.6'LT vertically 12"below the Drainage Construction IIIB 0 5 24"STS Pipe 36+13.0/36+37.0/ 8"Water Main to be 35 8"Water Main 83.4'LT 69.5'LT deflected to avoid drainage Drainage Construction IIIB 0 5 structure 8"Water Main to be 37+67.0/37+86.0/ deflected to west 36 8"Water Main 70.9'LT 116.5'RT horizontally to avoid Bridge Widening IIB 0 8 bridge widening foundation construction Financial Project ID:435804-1-52-01 48 Rule 14-46.001 F.A.0 710-010-05FLORIDADEPARTMENTOFTRANSPORTATION UTILITIES UTILITY WORK SCHEDULE 12/16 Page 5 of 6 Utility Company: City of Boynton Beach FDOT Plans Dated: 7/19/2024 SECTION C: UAO's WORK ACTIVITIES Consecutive Act.No. Utility Facility From To Utility Work Activity Dependent Calendar Days type,size,material,status) Station/Offset Station/Offset Description Activity TCP Phase Prior to During Const.Const. Support and Protect 6" 46+14.2/46+14.2/Sanitary Sewer lateral376"Sanitary Sewer Service 52.3'LT 52.3'LT during drainage Drainage Construction 11113 0 1 constrcutionl Support and Protect 6" 46+36.4/46+36.4/Sanitary Sewer lateral386"Sanitary Sewer Service 83.0'RT 83.0'RT during gravity wall Gravity Wall Construction IIIB 0 I construction 49+17.8/51+32.4/ 16"Water Main to be 39 16"Water Main 46.0'RT 46.1'RT deflected 12"below STS Drainage Construction IIB 0 10 Pipes Support and Protect 50+43.3/50+43.3/ Sanitary Sewer Service40SanitarySewerService 58.7'RT 58.7'RT during gravity wall Gravity Wall Construction IIB 0 1 construction 41 Water Valve 51+39.1/51+39.1/ Adjust Elevation Roadway Widening IIIB 0 0.541.9'RT 41.9'RT 51+42.7/51+42.7/ Fire Hydrant to be 42 Fire Hydrant 42.6'RT 56.3'RT relocated to the back of Roadway Widening 1113 0 2 sidewalk 51+38.0/51+38.0/ Support and Protect 6" 43 6"Water Main 0.7'LT 0.7'LT Water Main during Drainage Construction IIIB 0 2 drainage construction 44 Water Valve 51+41.4/51+41.4/ Adjust Elevation Pavement Elevation Change V 0 0.527.7'LT 27.7'LT 45 Sanitary Sewer Manhole 51+44.8/51+44.8/ Adjust Elevation Pavement Elevation Change V 0 10.5'LT 0.5'LT 52+29.4/52+29.4/ Support&Protect 2" 46 2"Water Main 47.3'RT 47.3'RT Water Main during Drainage Construction IIB 0 1 drainage construction 52+75.1/52+75.1/ Support&Protect 2" 47 2"Water Main 45.9'RT 45.9'RT Water Main during Drainage Construction IIB 0 1 drainage construction 48 Water Valve 52+78.2/52+78'2/ Adjust Elevation Pavement Elevation Change V 0 0.518.7'/LT 18.7'/LT 6"Water Main to be 52+79.8/52+78.9/ deflected horizontally and496"Water Main 18.6'/LT 38.6'/LT vertically 12"below the Drainage Construction IIIB 0 5 18"STS Pipe 53+14.3/53+14.3/ Support&Protect 8" 50 8"Sanitary Sewer Sanitary Sewer during Drainage Construction IIIB 0 137.8'/L T 37.8'/L T drainage construction 53+14.4/53+14.4/ Support&Protect 8" 51 8"Sanitary Sewer Sanitary Sewer during Drainage Construction 11113 0 144.0'/LT 44.0'/LT drainage construction 49 Rule 14-46.001 F.A.0 710-010-05FLORIDADEPARTMENTOFTRANSPORTATION UTILITY WORK SCHEDULE UTIL12/16 Page 6 of 6 Consecutive Act.No. Utility Facility From To Utility Work Activity Dependent Calendar Days type,size,material,status) Station/Offset Station/Offset Description Activity TCP Phase Prior to During Const.Const. 53+14.7/53+14.7/ Support&Protect 8" 52 8"Sanitary Sewer Sanitary Sewer during Drainage Construction IIIB 0 I30.27LT 30.27LT drainage construction 53 Sewer Manhole 53+15.6/53+15.6/ Adjust Elevation Median Construction IV 0 15.6'/RT 5.6'/RT 54 Water Valve 53+15.7/53+15.7/ Adjust Elevation Pavement Elevation Change V 0 0.5I5.4'/LT 15.47LT Support and Protect 4" 54+14.0/54+14.0/ Sanitary Sewer Service554"Sanitary Sewer Service 41.4'/RT 41.4'/RT during drainage Drainage Construction IIB 0 1 construction 56 Water Meter 54+58.7/54+58.7/ Adjust Elevation Sidewalk Construction HB 0 0.549.7'/RT 49.7'/RT 57 Sanitary Sewer Manhole 56+22.8/56+22.8/ Adjust Elevation Median Construction IV 0 16.9'/RT 6.9'/RT 58 Water Meter 56+31.8/56+31.8/ Adjust Elevation Sidewalk Construction IIIB 0 0.5 25.8'/LT 25.8'/LT Support and Protect 6" 6"Water Main in 12"Sleeve 179+83.7/ 179+83.7/Water Main during59 Ramp A 0.3'/LT 0.3'/LT temporary sheet pile wall Temporary Sheet Pile Wall Construction IIB 0 2 construction 6"Water Main in 12"Sleeve 179+88.0/ 179+88.0/ Support and Protect 6" 60 Ramp A 25.3'/LT 25.3'/LT Water Main during MSE MSE Wall Construction IIB 0 2 wall construction 6"Water Main in 12"Sleeve 179+91.7/ 179+88.4/ Relocate 6"WM in 12" 61 Ramp A 47.5'/LT 28.6'/LT Sleeve to go under Drainage Construction IIB 0 5 drainage pipe Support and Protect 16" 62 16"Water Main in 30"Sleeve 183+45.2/ 183+45.2/Water Main during Temporary Sheet Pile Wall Construction IIB 0 2 Ramp A 1.2'/LT 1.2'/LT temporary sheet pile wall construction 16"Water Main in 30"Sleeve 183+51.0/ 183+51.0/ Support and Protect 16" 63 Ramp A 25.3'/LT 25.3'/LT Water Main during MSE MSE Wall Construction IIB 0 2 wall construction 20"Force Main in 36"Sleeve 272+89.5/ 272+89.5/ Support and Protect 20" 64 Ramp B 30.3'/RT 30.3'/RT Force Main during Drainage Construction IIB 0 2 drainage construction 20"Force Main in 36"Sleeve 272+95.3/ 272+95.3/ Support and Protect 20" 65 Ramp B 46.8'/RT 46.8'/RT Force Main during Sheet Sheet Pile Wall Construction IIB 0 2 Pile Wall Construction 6"Water Main in 12"Sleeve 279+65.0/ 279+65.0/ Support and Protect 6" 66 Water Main during Drainage Construction IIB 0 2 Ramp B 19.0'/RT 19.0'/RT drainage construction 16"Water Main in 30"Sleeve 282+95.3/ 283+95.3/ Support and Protect 16" 67 Ramp B 33.3'/RT 33.3'/RT Water Main during Drainage Construction IIB 0 2 drainage construction 50 EXHIBIT B Rule 14-46.001 F.A.C. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 710-010-06 UTILITY WORK ESTIMATE UTILITIES 12/16 FDOT PROJECT INFORMATION Financial Project ID: 435804-1-56-04 Federal Project ID: D418-023-B State Road Number: 804 County: Palm Beach FDOT Plans Dated: 07/19/2024 District Document No.: UTILITY AGENCY/OWNER(UAO) Utility Company: City of Boynton Beach Job No. or Work Order No.: UAO Project Rep: Keith Webber Phone: 561-742-6454 E-mail:Webberk@bbfl.us UAO Field Rep: Brandon Eckenwiler Phone: E-mail: EckenwiierB@bbfl.us SECTION A: ITEMIZED COST ESTIMATE Item Item Cost($) Overhead (%) Item Cost+Overhead ($) Must use"X"or". I.e.10X or.10) Preliminary Engineering 80,000.00 10% 88,000.00 Right of Way Acquisition 0.00 0% 0.00 Construction Engineering 60,000.00 10% 66,000.00 Construction Labor 0 Materials and Supplies 0 Transportation & Equipment 0 Contract Construction 912,757.99 10% 1,004,033.79 Miscellaneous Expenses 0 Total Cost Estimate=> 1,158,033.79 SECTION B: DEDUCTIONS SECTION C: REIMBURSEMENT Item Item Value($) Total Cost Estimate from SECTION A=> 1,158,033.79 Salvage Value 0.00 Total Deductions from 0.00 SECTION B=> Betterment 0.00 Extended Service Life 0.00 Total Reimbursement*_> 1,158,033.79 Update the estimated Total Reimbursement for changes in Total Deductions=>0.00 excess of 10% UTILITY SIGNATURE Azeii UAO Rep. Gu4 Qit, Date 8/8/2024 Name Keith Webber, P.E. Title Assistant Director, Engineering 51 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 710-010-08 REQUIRED CONTRACT PROVISIONS FOR FEDERAL AID CONTRACTS Occosia Appendix A of Assurances) Financial Project ID: 435804-1-56-03 Federal Project ID: D424 041 B County: Palm Beach State Road No.: 9 District Document No: Utility Agency/Owner(UAO): City of Boynton Beach During the performance of this Agreement,the Utility Agency Owner(UAO),for itself,its assignees and successors in interest(hereinafter referred to as the UAO), agrees as follows: 1) Compliance with Regulations: The UAO will comply with the Regulations of the FLORIDA DEPARTMENT OF TRANSPORTATION(hereinafter referred to as the DEPARTMENT)relative to nondiscrimination in Federally-assisted programs of the DEPARTMENT (Title 49, Code of Federal Regulations, Part 21, hereinafter referred to as the "Regulations"), which are herein incorporated by reference and made a part of this contract. 2) Nondiscrimination: The UAO,with regard to the work performed by it after award and prior to completion of the UAO work, will not discriminate on the ground of race, color or national origin in the selection and retention of subcontractors, including procurement of materials or leases of equipment. The UAO will not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix A & B of the Regulations. 3) Solicitations: In all solicitations either by competitive bidding or negotiation made by the UAO for work to be performed under a subcontract, including procurement of materials and leases of equipment, each potential subcontractor or supplier shall be notified by the UAO of the UAO's obligations under this contract and the Regulations relative to nondiscrimination on the ground of race, color or national origin. 4) "Buy America" Requirements: The UAO will use domestic steel and/or iron products incorporated into the finished work in compliance with the Buy America provisions of 23 CFR 635.410 as amended. As used in this provision,"steel and/or iron products"means manufactured products that are predominately steel and/or iron products and that are not otherwise exempt from Buy America requirements pursuant to rules and regulations of the Federal Highway Administration. As used in this provision, "domestic" means products that are manufactured in the United States which have not undergone any manufacturing process outside of the United States that modified the chemical content, physical shape or size,or final finish of a product,beginning with the initial melting and continuing through final shaping and coating. If a steel and/or iron product is taken outside the United States for any manufacturing process, it becomes foreign source steel and/or iron products. The UAO may incorporate into the finished work foreign source steel and/or iron products as long as the actual cost of such foreign products does not exceed 0.1%of the total amount of this Agreement,or$2,500.00 whichever is greater.The UAO will retain documentation verifying compliance with the Buy America provision of this Agreement for a period of 3 years after final payment of the finished work. Upon request, the UAO will provide the documentation verifying compliance with the Buy America provision of this Agreement. 5) Additional "Buy America" Requirements: The UAO will comply with 2 CFR 184 and 2 CFR 200.322, which includes the Buy America Preferences for Infrastructure Projects of the Build America, Buy America Act(BABA) and Domestic Preferences for Procurements. The UAO will use Manufactured Products that are consumed in, incorporated into, or affixed to an infrastructure project that are manufactured in the United States, in accordance with BABA requirements and applicable waivers. The UAO will use non-ferrous metals,plastic and polymer-based products, glass, lumber, and drywall articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project that are manufactured in the United States, in accordance with BABA requirements. As used in 2 CFR 184, "construction material" means materials that are predominately non-ferrous metals, plastic and polymer-based products, glass, optical fiber, fiber optic cable, lumber, and drywall articles, materials, and supplies that are not otherwise exempt from Buy America requirements pursuant to rules and regulations of the Federal Highway Administration. As used in this provision, "domestic" means construction materials that are manufactured in the United States which have not undergone any manufacturing process outside of the United States that modified the chemical content, physical shape or size, or final finish of a product, beginning with the initial melting and continuing through final shaping and coating or as defined in 2 CFR 184. If a construction material is taken outside the United States for any manufacturing process, it becomes foreign source construction material. 52 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 710-010-08 REQUIRED CONTRACT PROVISIONS FOR FEDERAL AID CONTRACTS Occ siza Appendix A of Assurances) The UAO will retain documentation verifying compliance with the Build America, Buy America provision of this Agreement for a period of 3 years after final payment of the finished work. Upon request, the UAO will provide the documentation verifying compliance with the Build America, Buy America provision of this Agreement. The UAO will provide a certification with the invoice that states the following: "The UAO certifies that all products that are predominately steel and/or iron are domestic products in compliance with the Buy America provisions of 23 CFR 635.410. The UAO certifies that all products that are predominately construction materials are domestic products in compliance with the Buy America provisions of 2 CFR 184. The UAO certifies that all manufactured products are domestic products in compliance with the Buy America provisions of 2 CFR 184 and applicable waivers." 6) Information and Reports: The UAO will provide all information and reports required by the Regulations, or orders and instructions issued pursuant thereto,and will permit access to its books,records,accounts,other sources of information,and its facilities as may be determined by the DEPARTMENT or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations,orders and instructions. Where any information required of the UAO is in the exclusive possession of another who fails or refuses to furnish this information, the UAO shall so certify to the DEPARTMENT or the Federal Highway Administration as appropriate, and shall set forth what efforts it has made to obtain the information. 7) Sanctions for Noncompliance: In the event of the UAO's noncompliance with the nondiscrimination provisions of paragraphs(1)through (4),the DEPARTMENT shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to: a) withholding of payments to the contractor under the Agreement until the UAO complies; and/or b) cancellation, termination or suspension of the Agreement, in whole or in part. 8) Incorporation of Provisions: The UAO will include the provisions of paragraph (1)through (6) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations, order or instructions issued pursuant thereto. The UAO will take such action with respect to any subcontract, procurement or lease as the DEPARTMENT or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance; provided, however, that in the event the UAO becomes involved in, or is threatened with, litigation with a subcontractor,supplier or lessor as a result of such direction,the UAO may request the State to enter into such litigation to protect the interests of the State,and, in addition,the UAO may request the United States to enter into such litigation to protect the interests of the United States. 53 City of Boynton Beach Agenda Item Request Form 6.B Consent Agenda 11/18/2025 Meeting Date: 11/18/2025 Proposed Resolution No. R25-293- Approve a Collocation Agreement between the City and Cellco Partnership d/b/a Verizon Wireless for Use of Property to Install Personal Wireless Services Facilities, and approve a Memorandum of Agreement between the Parties, to allow for ground equipment and collocation on the existing telecommunications tower at 1901 N. Seacrest Blvd., with a lease area of 72 square feet. Requested Action: Staff recommends approval of Proposed Resolution No. R25-293. Explanation of Request: This agenda item presents a proposed collocation lease and memorandum agreement with Cellco Partnership d/b/a Verizon Wireless for the collocation of network equipment on the existing telecommunications tower located at 1901 N. Seacrest Blvd. Cellco Partnership d/b/a Verizon Wireless intends to install both antenna equipment on the tower itself, and associated ground equipment within a designated area at the tower's base. This agreement will allow Cellco Partnership d/b/a Verizon Wireless to enhance its network coverage within the city, while also providing a new revenue stream for the city through lease payments. The tenant ground lease portion is 72 square feet, with equipment space on the vertical tower. The initial term of the lease is for (5) five years with (4) four (5) years extensions. The annual rent is $ 9,000 with a 3% increase each year. How will this affect city programs or services? The execution of the collocation lease and memorandum agreement with Cellco Partnership d/b/a Verizon Wireless will directly benefit City programs and services by generating a new, consistent revenue stream. The annual rent of $9,000, with a 3% annual increase over the initial five-year term and potential twenty additional years through extensions, will provide dedicated funds that can be allocated to various city initiatives. This revenue can be utilized to support infrastructure improvements, enhance public safety communications, fund community programs, or offset other municipal expenses. Furthermore, improved cellular coverage throughout the city, resulting from Cellco Partnership d/b/a Verizon Wireless's network expansion, will indirectly benefit city services by enhancing communication capabilities for residents, businesses, and emergency responders. Account Line Item and Description: 001-0000-362.91-00, Rents and Royalties / Tower Leases 54 Fiscal Impact: 001-0000-362.91-00, Rents and Royalties / Tower Leases Attachments: R25-293 Agenda_Item_3884- 2025_Resolution_for_Collocation_Agreement_between_City_and_Cellco_dba_Verizon.docx Exhibit A - LE_-_Hester_Center_-_Verizon___Cellco_20251118.pdf Exhibit B - Memorandum of Agreement.pdf 55 RESOLUTION NO. R25-293 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 1 BEACH, FLORIDA, APPROVING A COLLOCATION AGREEMENT 2 BETWEEN THE CITY AND CELLCO PARTNERSHIP D/B/A VERIZON 3 WIRELESS FOR USE OF PROPERTY TO INSTALL PERSONAL WIRELESS 4 SERVICES FACILITIES, AND APPROVE A MEMORANDUM OF 5 AGREEMENT BETWEEN THE PARTIES, TO ALLOW FOR GROUND 6 EQUIPMENT AND COLLOCATION ON THE EXISTING 7 TELECOMMUNICATIONS TOWER AT 1901 N. SEACREST BLVD., 8 BOYNTON BEACH, FL, WITH A LEASE AREA OF 72 SQUARE FEET; AND 9 FOR ALL OTHER PURPOSES. 10 11 WHEREAS, the City desires to have Cellco Partnership d/b/a Verizon Wireless (“Verizon”) 12 to install antenna equipment on the existing telecommunications tower located at 1901 N. 13 Seacrest Blvd., Boynton Beach, FL, as well as associated ground equipment within a designated 14 area at the tower’s base in order to enhance Verizon’s network coverage within the City, while 15 also providing a new revenue stream for the City through lease payments, with the ground lease 16 portion being seventy-two (72) square feet with equipment space on the vertical tower, for an 17 initial term of lease for five (5) years with four (4) five-year extensions, with annual rent at $9,000 18 with a 3% increase each year; and 19 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 20 best interests of the City's citizens and residents to approve a Collocation Agreement between 21 the City and Cellco Partnership d/b/a Verizon Wireless for use of property to Install Personal 22 Wireless Services Facilities to allow for ground equipment and collocation on the existing 23 telecommunications tower at 1901 N. Seacrest Blvd., Boynton Beach, FL, and to approve a 24 Memorandum of Agreement between the City and Cellco Partnership d/b/a Verizon Wireless. 25 26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 27 BEACH, FLORIDA, THAT: 28 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 29 being true and correct and are hereby made a specific part of this Resolution upon adoption. 30 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 31 approve a Collocation Agreement between the City and Cellco Partnership d/b/a Verizon Wireless 32 for use of property to Install Personal Wireless Services Facilities to allow for ground equipment 33 56 RESOLUTION NO. R25-293 and collocation on the existing telecommunications tower at 1901 N. Seacrest Blvd., Boynton 34 Beach, FL (“Agreement”), in form and substance similar to that attached as Exhibit A. 35 SECTION 3. The City Commission of the City of Boynton Beach, Florida, does hereby 36 approve a Memorandum of Agreement between the City and Cellco Partnership d/b/a Verizon 37 Wireless (the “MOA”), in form and substance similar to that attached as Exhibit B. 38 SECTION 4. The City Commission of the City of Boynton Beach, Florida, hereby 39 authorizes the Mayor to execute the Agreement and the MOA. The Mayor is further authorized 40 to execute any ancillary documents required under the Agreement or necessary to accomplish the 41 purposes of the Agreement, including any term extensions as provided in the Agreement, 42 provided such documents do not modify the financial terms or material terms. 43 SECTION 5. One original fully executed Agreement shall be retained as a public record 44 of the City by the City Clerk. The other original fully executed Agreement shall be provided to Gail 45 to provide to Cellco Partnership d/b/a Verizon Wireless. 46 SECTION 6. One original fully executed MOA shall be provided to Gail Mootz to provide 47 to Cellco Partnership d/b/a Verizon Wireless. The City Clerk shall record the other fully executed 48 MOA in the Public Records of Palm Beach County. The City Clerk shall provide a co py of the 49 recorded MOA to Gail Mootz to provide to Cellco Partnership d/b/a Verizon Wireless. 50 SECTION 7. This Resolution shall take effect in accordance with the law. 51 [SIGNATURES ON THE FOLLOWING PAGE] 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 57 RESOLUTION NO. R25-293 PASSED AND ADOPTED this ______________ day of ______________________________ 2025. 67 CITY OF BOYNTON BEACH, FLORIDA 68 YES NO 69 Mayor – Rebecca Shelton _____ _____ 70 71 Vice Mayor – Woodrow L. Hay _____ _____ 72 73 Commissioner – Angela Cruz _____ _____ 74 75 Commissioner – Thomas Turkin _____ _____ 76 77 Commissioner – Aimee Kelley _____ _____ 78 79 VOTE ______ 80 ATTEST: 81 82 _____________________________ ______________________________ 83 Maylee De Jesús, MPA, MMC Rebecca Shelton 84 City Clerk Mayor 85 86 APPROVED AS TO FORM: 87 (Corporate Seal) 88 89 _______________________________ 90 Shawna G. Lamb 91 City Attorney 92 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 City of Boynton Beach Agenda Item Request Form 6.C Consent Agenda 11/18/2025 Meeting Date: 11/18/2025 Proposed Resolution No. R25-294- Approve the Utility Easement between Ridgepoint Woods Association, Inc. and the City of Boynton Beach, and the Consent to Easement between High Point Boulevard Association, Inc. and the City of Boynton Beach for a force main extension project. Requested Action: Staff recommends approval of Proposed Resolution No. R25-294. Explanation of Request: The City of Boynton Beach (the “City”) proposes to install, operate, and maintain a 10-inch and 12-inch sanitary sewer force main extension serving Lift Station Nos. 410 and 414 (the “Force Main Facilities"). The project requires a utility easement from RidgePointe Woods Villas Association and a consent to easement from High Point Blvd. Association for a portion of the proposed force main located within existing ingress/egress rights (the Highpoint Easement) for access to and from the High Point Property and High Point’s community entrance. How will this affect city programs or services? This project will help improve the level of service for area residents served by the collection system and Lift station 410 and 414 project. The consent for the utility easement will facilitate a cost effective process for the force main extension needed. Account Line Item and Description: N/A Fiscal Impact: There is no fiscal impact to the budget for this item. Attachments: R25-294 Agenda_Item_3935- 2025_Resolution_for_Ridgepoint_Easement_and_High_Point_Consent.docx Exhibit A to Resolution - Signed Utility_Easement_RidgePointe.pdf Exhibit B to Resolution - Signed Consent_to_Easement_High_Point.pdf 12-foot Easement Sketch & Legal Description.pdf Civil Drawings-Force Main Location 1.pdf 93 RESOLUTION NO. R25-294 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 1 BEACH, FLORIDA, APPROVING THE UTILITY EASEMENT BETWEEN 2 RIDGEPOINT WOODS ASSOCIATION INC., AND THE CITY OF 3 BOYNTON BEACH, AND THE CONSENT TO EASEMENT BETWEEN HIGH 4 POINT BOULEVARD ASSOCIATION INC., AND THE CITY OF BOYNTON 5 BEACH FOR A FORCE MAIN EXTENSION PROJECT; AND FOR ALL 6 OTHER PURPOSES. 7 8 9 WHEREAS, the City of Boynton Beach (the “City”) proposes to install, operate, and 10 maintain a 10-inch and 12-inch sanitary sewer force main extension serving Lift Station Nos. 410 11 and 414 (the “Force Main Facilities"). The project requires a utility easement from RidgePointe 12 Woods Association Inc., and a consent to easement from High Point Boulevard Association Inc., 13 for a portion of the proposed force main located within existing ingress/egress rights (the 14 Highpoint Easement) for access to and from the High Point Property and High Point’s community 15 entrance; and 16 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 17 best interests of the City's citizens and residents to approve the Utility Easement between 18 Ridgepoint Woods Association Inc., and the City of Boynton Beach, and the Consent to Easement 19 between High Point Boulevard Association Inc., and the City of Boynton Beach for a force main 20 extension project. 21 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 23 BEACH, FLORIDA, THAT: 24 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 25 being true and correct and are hereby made a specific part of this Resolution upon adoption. 26 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 27 approve a Utility Easement between Ridgepoint Woods Association Inc., and the City (the 28 “Easement”), in form and substance similar to that attached as Exhibit A. 29 SECTION 3. The City Commission of the City of Boynton Beach, Florida, does hereby 30 approve a Consent to Easement between High Point Boulevard Association Inc., and the City (the 31 “Consent”), in form and substance similar to that attached as Exhibit B. 32 94 RESOLUTION NO. R25-294 SECTION 4. The City Commission of the City of Boynton Beach, Florida, hereby 33 authorizes the Mayor to execute the Easement and the Consent. The Mayor is further authorized 34 to execute any ancillary documents as may be necessary to accomplish the purpose of this 35 Resolution. 36 SECTION 5. Upon execution of the Easement and the Consent by the City, the City Clerk 37 shall record the Easement and the Consent in the Public Records of Palm Beach County. The City 38 Clerk shall provide a copy of the recorded Easement and the recorded Consent to Milot Emile. 39 SECTION 6. This Resolution shall take effect in accordance with the law. 40 [SIGNATURES ON THE FOLLOWING PAGE] 41 42 95 RESOLUTION NO. R25-294 PASSED AND ADOPTED this ______________ day of ______________________________ 2025. 43 CITY OF BOYNTON BEACH, FLORIDA 44 YES NO 45 Mayor – Rebecca Shelton _____ _____ 46 47 Vice Mayor – Woodrow L. Hay _____ _____ 48 49 Commissioner – Angela Cruz _____ _____ 50 51 Commissioner – Thomas Turkin _____ _____ 52 53 Commissioner – Aimee Kelley _____ _____ 54 55 VOTE ______ 56 ATTEST: 57 58 _____________________________ ______________________________ 59 Maylee De Jesús, MPA, MMC Rebecca Shelton 60 City Clerk Mayor 61 62 APPROVED AS TO FORM: 63 (Corporate Seal) 64 65 _______________________________ 66 Shawna G. Lamb 67 City Attorney 68 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 SCALE: F.B. CHECKED: DATE: BY: PG. REVISIONS SHEET: JOB #:AVIROM & ASSOCIATES, INC. SURVEYING & MAPPING 8 OASS B & E O VRIAM STA EHLIS 9D1 1 STEAC I C AVIROM & ASSOCIATES, INC. all rights reserved. This sketch is the property of AVIROM & ASSOCIATES, INC. and should not be reproduced or copied without written permission. 50 S.W. 2nd AVENUE, SUITE 102 BOCA RATON, FLORIDA 33432 (561) 392-2594 / www.AVIROMSURVEY.com SKETCH & DESCRIPTION FOR: 12' UTILITY EASEMENT A PORTION OF RIDGEPOINTE WOODS VILLAS (PLAT BOOK 44, PAGES 92 & 93, P.B.C.R.) CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA 13513 N/A 09/29/2025 M.M.K. N/A N/A 1 OF 3 2025 LAND DESCRIPTION: A portion of RIDGEPOINTE WOODS VILLAS, according to the plat thereof, as recorded in Plat Book 44, Pages 92 and 93, of the Public Records of Palm Beach County, Florida, described as follows: A 12 foot strip of land for a Utility Easement being 6 feet on each side of the following described centerline: COMMENCE at the Northwest corner of said plat, RIDGEPOINTE WOODS VILLAS; thence S00°57'51"W, along the west line of said plat and the east right-of-way of S.W. 3rd Street, 11.00 feet to the POINT OF BEGINNING of said centerline; thence S88°01'49"E, 1203.98 feet; thence S39°11'11"E, 5.65 feet; thence S88°01'49"E, 75.95 feet; thence S43°02'11"E, 29.06 feet; thence S88°01'49"E, 115.97 feet to the east line of said plat, RIDGEPOINTE WOODS VILLAS, the west right-of-way of Seacrest Boulevard and the POINT OF TERMINATION of said centerline. Side lines of said 12 foot Utility Easement are to be prolonged or shortened to coincide with said east and west plat lines of RIDGEPOINTE WOODS VILLAS to form a continuous strip of land. Said lands situate and being in the City of Boynton Beach, Palm Beach County, Florida. SURVEYOR'S NOTES: 1. Reproductions of this Sketch are not valid without the signature and the original seal of a Florida Licensed Surveyor and Mapper. Additions or deletions to this sketch by other than the signing party is prohibited without written consent of the signing party. 2. No Title Opinion or Abstract to the subject property has been provided. It is possible that there are Deeds, Easements, or other instruments (recorded or unrecorded) which may affect the subject property. No search of the Public Records has been made by the Surveyor. 3. The land description shown hereon was prepared by the Surveyor. 4. Bearings shown hereon are relative to the plat, RIDGEPOINTE WOODS VILLAS, based on the west line of plat having a bearing of S00°57'51"W. 5. Data shown hereon was compiled from instrument(s) of record and does not constitute a boundary survey. 6. Abbreviation Legend: = Centerline; F.B. = Field Book; FPL = Florida Power & Light Company; L.B. = Licensed Business; N/A = Not Applicable; O.R.B. = Official Records Book; P.B. = Plat Book; P.B.C.R. = Palm Beach County Records; PG. = Page; P.O.B. = Point of Beginning; P.O.C. = Point of Commencement; P.O.T. = Point of Termination; P.S.M. = Professional Surveyor & Mapper; R/W = Right-of-Way; U.E. = Utility Easement. CERTIFICATION: I HEREBY CERTIFY that the attached Sketch and Description of the hereon described property is true and correct to the best of my knowledge and belief as prepared under my direction. I FURTHER CERTIFY that this Sketch and Description meets the Standards of Practice set forth in Chapter 5J-17, Florida Administrative Code, pursuant to Chapter 472, Florida Statutes. Date: ______________________________________________________ MARISHA M. KREITMAN, P.S.M. Florida Registration No. 6555 AVIROM & ASSOCIATES, INC. L.B. No. 3300 EMAIL: marisha@aviromsurvey.com 09/29/2025 111840 S88°01'49"E 1203.98' P.O.C.S.W. 3rd STREETP.O.B.12' U.E. S88°01'49"E 1203.98'12' U.E. SCALE: F.B. CHECKED: DATE: BY: PG. REVISIONS SHEET: JOB #:AVIROM & ASSOCIATES, INC. SURVEYING & MAPPING 8 OASS B & E O VRIAM STA EHLIS 9D1 1 STEAC I C AVIROM & ASSOCIATES, INC. all rights reserved. This sketch is the property of AVIROM & ASSOCIATES, INC. and should not be reproduced or copied without written permission. 50 S.W. 2nd AVENUE, SUITE 102 BOCA RATON, FLORIDA 33432 (561) 392-2594 / www.AVIROMSURVEY.com SKETCH & DESCRIPTION FOR: 12' UTILITY EASEMENT A PORTION OF RIDGEPOINTE WOODS VILLAS (PLAT BOOK 44, PAGES 92 & 93, P.B.C.R.) CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA 13513 1" = 50' 09/29/2025 M.M.K. N/A N/A 2 OF 3 2025 GRAPHIC SCALE IN FEET 1" = 50'SEE BELOWSEE SHEET 3 OF 3SEE ABOVE112841 S88°01'49"E 1203.98'12' U.E. S39°11'11"E 5.65' S88°01'49"E 75.95'S43°02'11"E29.06'S88°01'49"E 115.97'SEACREST BOULEVARDP.O.T.12' U.E. S88°01'49"E 1203.98' SCALE: F.B. CHECKED: DATE: BY: PG. REVISIONS SHEET: JOB #:AVIROM & ASSOCIATES, INC. SURVEYING & MAPPING 8 OASS B & E O VRIAM STA EHLIS 9D1 1 STEAC I C AVIROM & ASSOCIATES, INC. all rights reserved. This sketch is the property of AVIROM & ASSOCIATES, INC. and should not be reproduced or copied without written permission. 50 S.W. 2nd AVENUE, SUITE 102 BOCA RATON, FLORIDA 33432 (561) 392-2594 / www.AVIROMSURVEY.com SKETCH & DESCRIPTION FOR: 12' UTILITY EASEMENT A PORTION OF RIDGEPOINTE WOODS VILLAS (PLAT BOOK 44, PAGES 92 & 93, P.B.C.R.) CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA 13513 1" = 50' 09/29/2025 M.M.K. N/A N/A 3 OF 3 2025 SEE BELOWSEE SHEET 2 OF 3SEE ABOVEGRAPHIC SCALE IN FEET 1" = 50' 113842 © 2024 Microsoft Corporation © 2024 Maxar ©CNES (2024) Distribution Airbus DS © 2024 Microsoft Corporation © 2024 Maxar ©CNES (2024) Distribution Airbus DS © 2024 Microsoft Corporation © 2024 Maxar ©CNES (2024) Distribution Airbus DS SEPTEMBER 2025 CONTRACT NO. 046-2821-17/TP CITY OF BOYNTON BEACH LIFT STATION NO. 410 & 414 FORCE MAIN EXTENSIONS PROJECT LOCATION NO. 2 XREFs: [] Images: []Last saved by: PATILVS Time: 25-08-2025 18:50:38pw:\\cdmsmith-az02-pw.bentley.com:pw_pl1\36179\289902\04 Design Services NM_90%\01 General\10 BIM_CADD\G000COVR.dwgFLORIDA VICINITY PLAN G U L F O F M E X I C O ATLANTIC OCEAN 621 NW 53rd Street, Suite 265 Boca Raton, Fl 33487 Tel: (561) 571-3800 COA No. EB-0000020 Water Environment EnergyTransportation Facilities 100% DESIGN - ISSUED FOR PERMIT PROJECT LOCATION NO. 1 NOT TO SCALE INDEX OF SHEETS CIVIL LOCATION NO. 1 LIFT STATION NO. 414 10" FORCE MAIN EXTENSION STA. 10+00 THRU STA. 17+50 LOCATION NO. 1 LIFT STATION NO. 414 10" FORCE MAIN EXTENSION STA. 17+50 THRU STA. 25+45 LOCATION NO. 2 LIFT STATION NO. 410 8" FORCE MAIN EXTENSION STA. 10+00 THRU STA. 15+55 COVER SHEET LEGEND AND ABBREVIATIONS GENERAL TITLESHEET G-1 G-2 C-1 C-2 C-4 GENERAL NOTESG-3 LOCATION NO. 3 LIFT STATION NO. 410 SW 4TH ST. 8" FORCE MAIN CONNECTIONC-5 PROJECT LOCATION NO. 3 BOYNTON BEACH UTILITIES DEPARTMENT CONSTRUCTION STANDARDS AND DETAILS GENERAL DETAILS ICD-1 CD-2 LOCATION NO. 1 LIFT STATION NO. 414 HDD PIPE LAYDOWN AREAC-3 BOYNTON BEACH UTILITIES DEPARTMENT CONSTRUCTION STANDARDS AND DETAILS WATER AND WASTEWATER DETAILSCD-3 BOYNTON BEACH UTILITIES DEPARTMENT CONSTRUCTION STANDARDS AND DETAILS GENERAL DETAILS II PALM BEACH COUNTY DEPARTMENT OF ENGINEERING & PUBLIC WORKS DETAILSCD-4 MOT TRAFFIC CONTROL TEMPORARY TRAFFIC CONTROL PLAN TYPICAL SECTIONSTTC-1 TTC-2 TTC-3 TEMPORARY TRAFFIC CONTROL PLAN DETOUR PLANS TEMPORARY TRAFFIC CONTROL PLAN DETOUR PLANS MISCELLANEOUS CIVIL DETAILS ICD-5 LOCATION NO. 1 PAVEMENT MARKINGS AND RESTORATIONC-6 C-7 LOCATION NO. 2 PAVEMENT MARKINGS AND RESTORATION C-8 LOCATION NO. 1 EXISTING HEDGE RESTORATION 114 G-2 LEGEND AND ABBREVIATIONS ABBREVIATIONS CITY OF BOYNTON BEACH LIFT STATION NO. 410 & 414 FORCE MAIN EXTENSIONS © 2025100% DESIGN - ISSUED FOR PERMIT FL COA No. EB-0000020 621 NW 53rd Street, Suite 265 Boca Raton, FL 33487 Tel: (561) 571-3800 SURVEYOR'S LEGEND TH-5 B-1 115 G-3 GENERAL NOTES CITY OF BOYNTON BEACH LIFT STATION NO. 410 & 414 FORCE MAIN EXTENSIONS © 2025100% DESIGN - ISSUED FOR PERMIT FL COA No. EB-0000020 621 NW 53rd Street, Suite 265 Boca Raton, FL 33487 Tel: (561) 571-3800 116 CITY OF BOYNTON BEACH LIFT STATION NO. 410 & 414 FORCE MAIN EXTENSIONS © 2025100% DESIGN - ISSUED FOR PERMIT FL COA No. EB-0000020 621 NW 53rd Street, Suite 265 Boca Raton, FL 33487 Tel: (561) 571-3800 C-1 LOCATION NO. 1 LIFT STATION NO. 414 10" FORCE MAIN EXTENSION STA. 10+00 THRU STA. 17+50 PLAN PROFILE N 117 CITY OF BOYNTON BEACH LIFT STATION NO. 410 & 414 FORCE MAIN EXTENSIONS © 2025100% DESIGN - ISSUED FOR PERMIT FL COA No. EB-0000020 621 NW 53rd Street, Suite 265 Boca Raton, FL 33487 Tel: (561) 571-3800 C-2 LOCATION NO. 1 LIFT STATION NO. 414 10" FORCE MAIN EXTENSION STA. 17+50 THRU STA. 25+48 PLAN PROFILE N 118 City of Boynton Beach Agenda Item Request Form 6.D Consent Agenda 11/18/2025 Meeting Date: 11/18/2025 Proposed Resolution No. R25-295- Approve Amendment #2 for Landscape Maintenance Memorandum of Agreement ("MMOA") with Florida Department of Transportation ("FDOT"), for the additional landscape improvements on Boynton Beach Boulevard between US-1/N Federal Highway and East of I-95. Requested Action: Staff recommends approval of Proposed Resolution No. R25-295. Explanation of Request: In November 2005, The City signed the District Four (4) Maintenance Memorandum of Agreement with the Florida Department of Transportation (FDOT). This agreement designated responsibilities for each party. Simply stated, the FDOT constructed and installed the infrastructure and the City maintains the landscaping and pavers in the Boynton Beach Boulevard right-of-way (Resolution R05-165). In June 2023, the City approved the first amendment to the MMOA with FDOT for the additional improvements to Boynton Beach Boulevard, including the colored/decorative sidewalks and tree grates (Resolution R23-073). The FDOT project on Boynton Beach Boulevard was split into two different portions: the streetscape portion, and the Landscape Project. Amendment 1 to the MMOA covered the improvements from the Streetscape portion, and Amendment 2 to the MMOA will cover the improvements from the Landscape portion of the project, which will include the installation of the trees into the tree grates, and irrigation improvements. In June 2025, the City Manager signed a letter of intent, stating that the City will make the second amendment to the District 4 Landscape Maintenance Memorandum of Agreement prior to the bid phase of the Landscape project. How will this affect city programs or services? The City will be responsible for the maintenance and upkeep of the new landscape/trees located in the tree grates. 119 Account Line Item and Description: N/A Fiscal Impact: N/A Attachments: R25-295 Agenda_Item_3952- 2025_Resolution_for_Amd__2_for_Landscape_Maintenance_MMOA_with_FDOT_for_add_l_landscape_improvements__Boynton_Blvd_between_US1_and_east_of_95_.docx Exhibit A to Resolution - SR804_447573-1_Amend2_For Exec-R_ 08.26.25.pdf R05-165 MMOA BBB.pdf R23-073 Amendment 1 MMOA BBB.pdf Letter of Intent to Enter into Landscape Maint. agmt - signed.pdf 120 RESOLUTION NO. R25-295 1 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 2 BEACH, FLORIDA, APPROVING AMENDMENT NO. 2 FOR THE 3 LANDSCAPE MAINTENANCE MEMORANDUM OF AGREEMENT WITH 4 FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE ADDITIONAL 5 LANDSCAPE IMPROVEMENTS ON BOYNTON BEACH BOULEVARD 6 BETWEEN US-1/N. FEDERAL HIGHWAY AND EAST OF I-95; AND FOR 7 ALL OTHER PURPOSES. 8 9 WHEREAS, in November 2005, the City of Boynton Beach (“City”) signed the District Four 10 (4) Maintenance Memorandum of Agreement with the State of Florida Department of 11 Transportation (“FDOT”) which designated responsibilities for each party as the FDOT constructed 12 and installed the infrastructure and the City maintains the landscaping and pavers in the Boynton 13 Beach Boulevard right-of-way, approved by Resolution No. R05-165 on October 5, 2005; and 14 WHEREAS, in 2018, the Boynton Beach Community Redevelopment Agency (“CRA”) was 15 awarded a Federal Highway Administration Federal Lands Access Program (“FLAP”) Grant to 16 redevelop Boynton Beach Boulevard (between NW 4th Street and US-1/N. Federal Highway) into 17 a Complete Street; and 18 WHEREAS, in June 2019, the City Commission approved Resolution R19-064, which 19 authorized the FDOT to proceed with the design, construction, and administration of the Boynton 20 Beach Boulevard Complete Streets Project; and 21 WHEREAS, in June 2023, the City approved the first amendment to the MMOA with FDOT 22 for additional improvements to Boynton Beach Boulevard, including the colored/decorative 23 sidewalks and tree grates, under Resolution R23-073; and 24 WHEREAS, the FDOT project on Boynton Beach Boulevard was split into two different 25 portions, the first being the Streetscape portion and the second being the Landscape Project; and 26 WHEREAS, Amendment No. 1 to the MMOA covered the improvements to the 27 Streetscape portion, and proposed Amendment No. 2 to the MMOA is to cover the improvements 28 from the Landscape portion of the project, which includes the installation of trees into the tree 29 grates, as well as irrigation improvements; and 30 WHEREAS, in June 2025, the City Manager signed a letter of intent, stating that the City 31 will make Amendment No. 2 to the District Four (4) Landscape MMOA prior to the biddability 32 121 RESOLUTION NO. R25-295 phase of the Landscape Project; and 33 WHEREAS, the City Commission has determined that it is in the best interests of the 34 residents of the City to approve Amendment No. 2 to the Boynton Beach Boulevard’s Landscape 35 MMOA with FDOT. 36 37 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 38 BEACH, FLORIDA, THAT: 39 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 40 being true and correct and are hereby made a specific part of this Resolution upon adoption. 41 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 42 approve Amendment No. 2 to the Boynton Beach Boulevard’s Landscape MMOA with FDOT, in 43 form and substance similar to that attached as Exhibit A. 44 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby 45 authorizes the Mayor to execute Amendment No. 2. The Mayor is further authorized to execute 46 any ancillary documents as may be necessary to accomplish the purpose of this Resolution. 47 SECTION 4. The Mayor-executed Amendment shall be forwarded to Moisey 48 Abdurakhmanov to obtain execution of Amendment No. 2 by FDOT. Moisey Abdurakhmanov 49 shall ensure that one fully executed Amendment No. 2 is returned to the City, which will be 50 provided to the Office of the City Attorney for forwarding to the City Clerk for retention as a public 51 record. 52 SECTION 5. This Resolution shall take effect in accordance with the law. 53 [SIGNATURES ON THE FOLLOWING PAGE] 54 55 122 RESOLUTION NO. R25-295 PASSED AND ADOPTED this ______________ day of ______________________________ 2025. 56 CITY OF BOYNTON BEACH, FLORIDA 57 YES NO 58 Mayor – Rebecca Shelton _____ _____ 59 60 Vice Mayor – Woodrow L. Hay _____ _____ 61 62 Commissioner – Angela Cruz _____ _____ 63 64 Commissioner – Thomas Turkin _____ _____ 65 66 Commissioner – Aimee Kelley _____ _____ 67 68 VOTE ______ 69 ATTEST: 70 71 _____________________________ ______________________________ 72 Maylee De Jesús, MPA, MMC Rebecca Shelton 73 City Clerk Mayor 74 75 APPROVED AS TO FORM: 76 (Corporate Seal) 77 78 _______________________________ 79 Shawna G. Lamb 80 City Attorney 81 123 SECTION: 93200000 FM NO: 447573-1-52-01 COUNTY: Palm Beach STATE RD: 804 AMENDMENT NUMBER TWO (2) STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION DISTRICT 4 LANDSCAPE MAINTENANCE MEMORANDUM OF AGREEMENT THIS AMENDMENT Number Two (2) to the Agreement dated November 23, 2005, made and entered into this ____ day of ______________ 2025 by and between the State of Florida Department of Transportation hereinafter called the DEPARTMENT and the CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida, hereinafter called the AGENCY. W I T N E S S E T H WHEREAS, the parties entered into a Landscape Maintenance Memorandum of Agreement dated November 23, 2005, for the purpose of maintaining the landscape improvements by the AGENCY on State Road 804; and, WHEREAS, the DEPARTMENT and the AGENCY have agreed to add additional landscape to be installed within the City of Boynton Beach on SR804 / East Boynton Beach Boulevard in accordance with the above referenced Original Agreement; and, WHEREAS, the AGENCY, by Resolution No. __________ dated _____________, 2025, attached hereto as Exhibit “F”, desires to enter into this agreement and authorizes its officers to do so; NOW THEREFORE, for and in consideration of mutual benefits that flow each to the other, the parties covenant and agree as follows: 1. The DEPARTMENT has decided to construct and agrees to install or cause to be installed additional landscape improvements or to modify an improvement located as indicated in Exhibit "A", on SR-804/Boynton Beach Blvd. from East of SR-9/I-95 (M.P. 8.416) to SR-5/US-1 (MP. 9.125), City of Boynton Beach, in accordance with the plans attached as Exhibit "B". The Landscape Improvements include plants and irrigation within tree grates and medians. 2. The AGENCY shall agree to maintain the additional landscape improvements in the Agreement described above according to Exhibit "C" Maintenance Plan. 3. The DEPARTMENT agrees to enter into a contract to have installed said landscape improvements for the amount as outlined in Exhibit “E”. Page 1 of 50 124 SECTION: 93200000 FM NO: 447573-1-52-01 COUNTY: Palm Beach STATE RD: 804 4. Except as modified by this Amendment, all terms and conditions of the original Agreement and all Amendments thereto shall remain in full force and effect. LIST OF EXHIBITS Exhibit A – Project Location and Landscape Maintenance Boundaries Exhibit B - Landscape Improvement Plans Exhibit C - Maintenance Plan for Landscape Improvements Exhibit D – Letter of Intent from City of Boynton Beach Exhibit E - Approximate Cost for Landscape Improvements Exhibit F - Resolution Page 2 of 50 125 SECTION: 93200000 FM NO: 447573-1-52-01 COUNTY: Palm Beach STATE RD: 804 IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the day and year first above written. CITY OF BOYNTON BEACH By: _____________________________ Date: ______________ Chairperson/Mayor/Manager Attest: _____________________ (SEAL) Clerk Legal Review _______________________ Date: ______________ ____________________________________________________________________________ STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: ______________________________ Date: _______________ John P. Krane, P.E. (or designee) Director of Transportation Development Attest: ____________________________ (SEAL) Alia Chanel, (or designee) Executive Secretary Legal Review ___________________________________ Pamela G. Eidelberg (or designee) Office of the General Counsel, District 4 Page 3 of 50 126 SECTION: 93200000 FM NO: 447573-1-52-01 COUNTY: Palm Beach STATE RD: 804 EXHIBIT A MAINTENANCE LIMITS I. INCLUSIVE LANDSCAPE MAINTENANCE AGREEMENT LIMITS FOR STATE ROAD 804: State Road 804/Boynton Beach Blvd. Original limits of 2005 MMOA remain in effect from Old Boynton Road/ NW 8th Street (MP. 7.786) to SR 5/ US-1 (MP. 9.115) II. MAINTENANCE LIMITS FOR AMENDMENT #2: SR-804/Boynton Beach Blvd. from East of SR-9/I-95 (M.P. 8.416) to SR-5/US-1 (MP. 9.125) III. LANDSCAPE IMPROVEMENTS MAINTENANCE RESPONSIBILITIES MAP: See Attached Page 4 of 50 127 NW 3RD STNW 2ND STNW 1ST STNW 1ST STNW 2ND STNW 3RD STBLVDSEACREST N90°00'00"E NW 3RD AVE M.P. 8.416 BEGIN MMOA SR 804 / E BOYNTON BEACH BLVD30303030 30460 465 470 475 SR 804 / E BOYNTON BEACH BLVDNE 1ST STNE 1ST STNE 2ND STNE 3RD STNE 3RD STN RAILROAD AVENO. 272480-NFEC RAILROAD NE 4TH STFEDERAL HWYUS 1/SR 5/N90°00'00"E M.P. 9.125 END MMOA N3030303030303030 2115475 480 485 490 BY CITY OF BOYNTON BEACH (LANDSCAPE) MAINTENANCE LIMITS OF LANDSCAPE LEGEND JULY 2025 SECTION 93200000 FM 447573-1-52-01 SR 804 / BOYNTON BEACH BLVD. CITY OF BOYNTON BEACH 475+00.00MATCH LINE475+00.00MATCH LINEMAINTENANCE BOUNDARY MAP LANDSCAPE IMPROVEMENTS Page 5 of 50 128 SECTION: 93200000 FM NO: 447573-1-52-01 COUNTY: Palm Beach STATE RD: 804 EXHIBIT B LANDSCAPE IMPROVEMENT PLANS The DEPARTMENT agrees to install the landscape improvements in accordance with the plans and specifications attached hereto and incorporated herein. Please see attached plans prepared by: Miller Legg and Associates, Inc. Brian R. Shore, RLA Sheets LD-1 to LD-33 Dated: August 2025 Page 6 of 50 129 LOCATION OF PROJECT GOVERNING STANDARD SPECIFICATIONS: http://www.fdot.gov/programmanagement/Implemented/SpecBooks for Road and Bridge Construction at the following website: Florida Department of Transportation, July 2026 Standard Specifications GOVERNING STANDARD PLANS: Component Standard Plans for Bridge Construction are included in the Structures Plans following website: http://www.fdot.gov/design/standardplans Standard Plans for Road Construction and associated IRs are available at the Bridge Construction and applicable Interim Revisions (IRs). Florida Department of Transportation, FY 2026-27 Standard Plans for Road and LESLIE WETHERELL, P.E. 13680 NW 5th Street, Suite 200 Sunrise, Florida 33325 CONTRACT NO.: CAO65 BRIAN R. SHORE, RLA R.L.A NO.: LA-6666770 MILLER LEGG AND ASSOCIATES, INC. VENDOR NO.: F650563467 (954) 436-7000 (FEDERAL FUNDS) SHEET DESCRIPTIONSHEET NO. INDEX OF LANDSCAPE PLANS PROFESSIONAL OF RECORD: LANDSCAPE PLANS FLORIDA'S 8/25/20255:24:37 PMFT LAUDERDALE MIAMI 75 75 NAPLES KEY WEST nperezBEE LINE EXPRESSWAY T UR NPI KE 10 PENSACOLA FORT WALTON BEACH PANAMA CITY CHIPLEY TALLAHASSEE 75 10 295 95 JACKSONVILLE ST AUGUSTINE GAINESVILLE OCALA DAYTONA BEACH DELAND 4 NEW PORT RICHEY TAMPA 75 4 LAKELAND MELBOURNE - COCOA ORLANDO BARTOWST PETERSBURG 275 SARASOTA - BRADENTON 75 95 FT PIERCE FT MYERS WEST PALM BEACH CONTRACT NO. CONSTRUCTION NO. SHEET YEAR FISCAL LD-127 CITY LAKE FDOT PROJECT MANAGER:V:\Projects\FDOT\44757315201\Landscape\KEYSLD01.dgnLANDSCAPE PLANS 447573-1-52-01FINANCIAL PROJECT ID )93200 COUNTY (PALM BEACH SR 804STATE ROAD NO. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PROJECT DESCRIPTION E4Y24 SR-804/BOYNTON BEACH BLVD FROM EAST OF SR-9/I-95 TO SR-5/US-1 BEGIN MP 8.416- END MP 9.125 NONE NONE MP 9.056 PROJECT LIMITS: EXCEPTIONS: BRIDGE LIMITS: RAILROAD CROSSING: https://goo.gl/maps/7tvdiA8JFhM9vEKF8PROJECT LOCATION URL: LANDSCAPE PLANS CONTRACT PLANS COMPONENTS LD-1 KEY SHEET LD-2 SIGNATURE SHEET LD-3 PROJECT LAYOUT LD-4 - 5 PROJECT CONTROL LD-8 GENERAL NOTES LD-9 - 15 LANDSCAPE PLAN LD-16 LANDSCAPE SCHEDULE LD-17 - 18 LANDSCAPE DETAIL LD-19 - 25 IRRIGATION PLAN LD-25 - 29 IRRIGATION DETAILS LD-6 - 7 TYPICAL SECTIONS LD-33 TEMPORARY TRAFFIC CONTROL GENERAL NOTESLD-30 TEMPORARY TRAFFIC CONTROL TYPICAL SECTIONSLD-31 TEMPORARY TRAFFIC CONTROL WORK ZONE LAYOUT PLAN FM 444079-1-52-01 UTILITY ADJUSTMENTSA-1* FM 444477-1-52-01 SUMMARY OF VERIFIED UTILITIES A-2* and sealed document. These sheets are contained in a separate digitally signed only to indicate that they are part of the Roadway Plans. * These sheets are included in the Index of Roadway Plans LD-32 TEMPORARY TRAFFIC CONTROL DETAILS Page 7 of 50 130 STATE OF ��� STATE OF No 6666770 TCETIHCRA EPACSD NAL ADIROLFES NECIL EROH S .R NAIRB LANDSCAPE PLANS SHEET NO SHEET DESCRIPTION THE ABOVE NAMED PROFESSIONAL ENGINEER SHALL BE RESPONSIBLE FOR THE FOLLOWING SHEETS IN ACCORDANCE WITH RULE 61G15-23.004, F.A.C. THE ABOVE NAMED LANDSCAPE ARCHITECT SHALL BE RESPONSIBLE FOR THE FOLLOWING SHEETS IN ACCORDANCE WITH RULE 61G10-11.011, F.A.C. PARSONS TRANSPORTATION GROUP, INC. 500 WEST CYPRESS ROAD, SUITE 200 FT. LAUDERDALE, FL 33309 ENEIDA MARTINEZ, P.E. NO. 80804 DATE DESCRIPTION REVISIONS DATE DESCRIPTION NO. SHEETSTATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ROAD NO.FINANCIAL PROJECT IDCOUNTY 447573-1-52-01 PALM BEACH SR 804 8/25/2025V:\Projects\FDOT\44757315201\Landscape\SIGNLD01.dgn5:24:37 PMnperez33325 FL, SUNRISE 13680 NW 5TH STREET, SUITE 200 MILLER, LEGG & ASSOCIATES, INC. LA-6666770LICENSE NUMBER: BRIAN R SHORE, R.L.A.THE OFFICIAL RECORD OF THIS SHEET IS THE ELECTRONIC FILE DIGITALLY SIGNED AND SEALED UNDER RULE 61G10-11.011, F.A.C.LANDSCAPE ARCHITECT SIGNATURE SHEET LD-2 ROADWAY PLANS SHEET NO SHEET DESCRIPTION STATE OF ���REENIGNE LANOISSEFO RP ES NECIL ADIROLF ZENITRAM ADIENE No 80804 LD-2 SIGNATURE SHEET LD-1 KEY SHEET LD-2 SIGNATURE SHEET LD-3 PROJECT LAYOUT LD-4 - 5 PROJECT CONTROL LD-8 GENERAL NOTES LD-9 - 15 LANDSCAPE PLAN LD-16 LANDSCAPE SCHEDULE LD-17 - 18 LANDSCAPE DETAIL LD-19 - 25 IRRIGATION PLAN LD-26 - 29 IRRIGATION DETAILS LD-6 - 7 TYPICAL SECTIONS LD-33 TEMPORARY TRAFFIC CONTROL GENERAL NOTESLD-30 TEMPORARY TRAFFIC CONTROL TYPICAL SECTIONSLD-31 TEMPORARY TRAFFIC CONTROL WORK ZONE LAYOUT PLANLD-32 TEMPORARY TRAFFIC CONTROL DETAILS DATE ADJACENT TO THE SEAL: SEALED BY BRIAN R. SHORE ON THE THIS ITEM HAS BEEN DIGITALLY SIGNED AND ANY ELECTONIC COPIES. SIGNATURE MUST BE VERIFIED ON MILLER, LEGG & ASSOCIATES, INC. 13680 NW 5 ST SUITE 200 SUNRISE, FL 33325 BRIAN R. SHORE, L.A. NO. 6666770 DATE ADJACENT TO THE SEAL: SEALED BY ENEIDA MARTINEZ ON THE THIS ITEM HAS BEEN DIGITALLY SIGNED AND ANY ELECTONIC COPIES. SIGNATURE MUST BE VERIFIED ON Page 8 of 50 131 NW 3RD STNW 2ND STNW 4TH STNW 3RD AVE NW 1ST STNW 3RD STNW 2ND STNW 1ST STSEACREST BLVDSTA. 457+00.00 BEGIN PROJECT CONSTRUCTION BEGIN BOYNTON BEACH BLVD 455 460 465 470 475VVH36B VVH3 VVH2 VVH36A VVH1 VVH4 VVH5 VVH7 VVH6 VVH9 VVH38 VVH39 VVH37 VVH57 VVH10 VVH11 VVH12 VVH14 VVH13 VVH13A VVH40 VVH41 VVH42 VVH31 VVH43 VVH44 VVH32 VVH32A VVH33B VVH33 VVH33A VVH49 VVH48 VVH49 VVH45 VVH17 VVH15VVH16 SAN WATERWATER SAN WATER SD SD WATERWATER WATER SD WATER WATER WATER SD SD WATER WATERWATER WATER WATER SD SAN SD U WATER WATER WATER SD WATER WATER WATER SAN ELEC WATER WATER WATER WATER WATER WATERWATER WATER WATER WATER WATER BACK FLOW WATER SAN WATERWATER WATER WATER SD WATER SAN WATER WATER U WATER WATER U SAN BACK FLOW WATER U WATER SD BACK FLOW VVH8 WATER WATER WATER BACK FLOWWATERWATER SD WATER WATER ELEC WATER WATER WATER BACK FLOWBACK FLOW WATER SD WATER WATER WATER WATER WATER UWATER U BACK FLOW SAN WATER SAN WATER SAN SAN BACK FLOWWATER WATER 200 Feet 0 50 N NE 1ST STNE 3RD STNE 4TH STFEC RAILROAD NO. 272480 NFEDERAL HWYUS 1/SR 5/ AVEN RAILROAD NE 3RD STNE 1ST STNE 2ND STNE 6TH CTBOYNTON BEACH BLVD STA. 490+62.21 END PROJECT POT STA.2109+00.002110N 01°23'00" WN 01°17'48" W480 485 490 VVH50 VVH18 VVH19 VVH21 VVH20 VVH51 VVH22 VVH23 VVH23A VVH55 VVH52 VVH53 VVH54 VVH24 VVH25 VVH26 VVH58 VVH59 VVH56 VVH27 VVH28 VVH30 VVH29 VVH34 VVH35 TEL WATERWATER WATER SD SAN WATER MH MH SD WATER SAN WATER WATER WATER BACK FLOWBACK FLOW WATER WATER WATER WATER SAN WATER U WATER SAN WATER SAN WATER WATER SD WATER SAN WATER U WATER SD WATER WATER SAN WATER BACK FLOW SAN WATER SAN WATER WATER SAN SAN WATER SD BACK FLOW MH MH WATER WATER WATER BACK FLOW SAN BACK FLOW SD COMM SD WATER WATER SAN SAN WATER WATER SAN WATER WATER WATER U 200 Feet 0 50 N DATE DESCRIPTION REVISIONS DATE DESCRIPTION NO. SHEETSTATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ROAD NO.FINANCIAL PROJECT IDCOUNTY 447573-1-52-01 PALM BEACH SR 804 8/25/2025V:\Projects\FDOT\44757315201\Landscape\PLAYLD01.dgn5:24:39 PMnperez33325 FL, SUNRISE 13680 NW 5TH STREET, SUITE 200 MILLER, LEGG & ASSOCIATES, INC. LA-6666770LICENSE NUMBER: BRIAN R SHORE, R.L.A.THE OFFICIAL RECORD OF THIS SHEET IS THE ELECTRONIC FILE DIGITALLY SIGNED AND SEALED UNDER RULE 61G10-11.011, F.A.C.LANDSCAPE ARCHITECT PROJECT LAYOUT LD-3 1 2 3 4 5 6 7 Page 9 of 50 132 NW 4TH STNW 3RD STNW 3RD STNW 2ND STNW 2ND ST460N 01°49'11" WN 00°13'20" WN 01°49'11" WN 01°36'20" WN 00°13'20" WNO CORNER FOUND OR SET N = 799,043.282 - E = 960,231.929 BLC1 BM1 FACTOR SCALE LONGITUDE OFFSET ELEVATION (Z) DESCRIPTION NORTHING (Y) EASTING (X)CONVERGENCE LATITUDE STATION £ SURVEY HORIZONTAL AND VERTICAL CONTROL BM1 BLC1 1" = 300'0 Feet 300150 NAVD 1988PROJECT CONTROL PROJECT CONTROL NOTES: LEGEND STA. SR RT. PSM P.O.T. PI NO. LB LT ID FDOT FPID CMON £ SET FDOT BRASS DISK IN CONCRETE STATION STATE ROAD RIGHT PROFESSIONAL SURVEYOR AND MAPPER POINT ON TANGENT POINT OF INTERSECTION NUMBER LICENSE BUSINESS LEFT IDENTIFICATION FLORIDA DEPARTMENT OF TRANSPORTATION FINANCIAL PROJECT IDENTIFICATION CONCRETE MONUMENT BASELINE N/A 1.00004727 N/A 00°24'56.2" 23.171 18.463 SET FDOT ALUMINUM DISK IN CONCRETE STAMPED "804 93 21 BM01" SET FDOT ALUMINUM DISK IN CONCRETE STAMPED "804 93 21 C01" 799089 799087.8576 961232 960370.7634 462+00.0 453+38.90 41.7' LT. 43.99' LT. RANGE 43 EAST TOWNSHIP 45 SOUTH SECTION 21 RANGE 43 EAST TOWNSHIP 45 SOUTH SECTION 28 TAKEN WITH A DIGITAL LEVEL IN A CLOSED LEVEL LOOP WAS FOUND TO MEET THIS REQUIREMENT. 0.05 FEET TIMES THE SQUARE ROOT OF THE DISTANCE IN MILES. THE ACCURACY OBTAINED BY READINGS OF PRACTICE, STATES THAT THE CLOSURE IN FEET MUST BE ACCURATE TO A STANDARD OF PLUS OR MINUS PURPOSE SURVEY IS 1 FOOT IN 10,000 FEET. THE VERTICAL ACCURACY REQUIREMENT OF THE STANDARDS "COMMERCIAL/HIGH RISK". THE MINIMUM RELATIVE DISTANCE ACCURACY FOR THIS TYPE OF SPECIFIC THE EXPECTED USE OF THE LAND AS CLASSIFIED IN THE STANDARDS OF PRACTICE 5J-17.051 IS ACCURACY: A FIELD SURVEY PERFORMED UNDER MY DIRECTION AND COMPLETED ON MAY 4, 2021. CONSISTING OF SHEET CTL-1 IS A TRUE, ACCURATE AND COMPLETE DEPICTION OF THE RESULT OF FLORIDA ADMINISTRATIVE CODE PURSUANT TO SECTION 472.027 FLORIDA STATUTES. THIS MAP THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 5J-17.051 AND .052, TRANSPORTATION FACILITY DEPICTED HEREON MEETS THE STANDARDS OF PRACTICE SET FORTH BY REFERENCING, DESCRIBING AND MAPPING THE PROJECT CONTROL POINTS OR BASELINE FOR THE I HEREBY CERTIFY THIS PROJECT CONTROL MAP WAS MADE FOR THE SPECIFIC PURPOSE OF SURVEYING, FROM NW 4TH STREET TO US HIGHWAY 1 SURVEYOR'S CERTIFICATION FOR STATE ROAD 804 £ SURVEY SR 804 (BOYNTON BEACH BOULEVARD) STA. 452+00.00 £ SR 804 (BOYNTON BEACH BOULEVARD) (BOYNTON BEACH BOULEVARD) SURVEY BASELINE SR804 N 89°46'40" E SOUTH LINE OF SECTION 21 BEGIN SURVEY 7. ELECTRONIC DATABASE: job804.gpk 6. FIELD BOOK REFERENCE: 4320286 5. PROJECT UNITS: U.S. SURVEY FEET ROAD 804 (BOYNTON BEACH BOULEVARD) WAS NOT FIELD STAKED. 4. PER THE PROJECT CONTRACT, THE BASELINE OF SURVEY FOR STATE ROAD 804. R/W MAP SECTION NO. 93220-2550 AND NO. 93640-2601 FOR STATE STATE ROAD 804 (BOYNTON BEACH BOULEVARD) WAS BASED ON FDOT 3. THE BASELINE OF SURVEY FOR VERTICAL DATUM OF 1988 (NAVD88). MONUMENT AD8038 (G402) AND IS RELATIVE TO THE NORTH AMERICAN NETWORK CONTROL SHEET NO. CTL-1 AND NATIONAL GEODETIC SURVEY PNC CONTROL BLC03 AS SHOWN ON FPID 435804-1-22-01 PROJECT 2. VERTICAL DATA IS BASED ON A CLOSED LEVEL LOOP BASED UPON BOCA, GLAD, PBCH AND FLHO. POSITION SYSTEM (GPS) MEASUREMENTS FDOT COR STATION POINTS: "804 93 21 C03". COORDINATES WERE DERIVED FROM GLOBAL MONUMENTS: BLC1, STAMPED "804 93 21 C01" AND BLC3, STAMPED HAS BEEN ESTABLISHED BETWEEN FDOT BRASS DISK IN CONCRETE (NAD) OF 1983 (ADJUSTMENT OF 1990), A BEARING OF N89°44'57"E COORDINATES, FLORIDA EAST ZONE, NORTH AMERICAN DATUM 1. BEARINGS AND COORDINATES ARE RELATIVE TO THE STATE PLANE 26°31'44.5367" 26°31'44.58864" 80°04'01.2171" 80°04'10.69531" DATE DESCRIPTION REVISIONS DATE DESCRIPTION NO. SHEETSTATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ROAD NO.FINANCIAL PROJECT IDCOUNTY 447573-1-52-01 PALM BEACH SR 804 8/25/2025V:\Projects\FDOT\44757315201\Survey\CTLSRD01.dgn5:24:40 PMnperez33325 FL, SUNRISE 13680 NW 5TH STREET, SUITE 200 MILLER, LEGG & ASSOCIATES, INC. LA-6666770LICENSE NUMBER: BRIAN R SHORE, R.L.A.THE OFFICIAL RECORD OF THIS SHEET IS THE ELECTRONIC FILE DIGITALLY SIGNED AND SEALED UNDER RULE 61G10-11.011, F.A.C.LANDSCAPE ARCHITECT PROJECT CONTROL LD-4 CERTIFICATE OF AUTHORIZATION: 8265 DELRAY BEACH, FL 33484 5119 BEECHWOOD ROAD RITZEL-MASON, INC. P.S.M. No: 6953 DENNIS RITZEL, P.S.M. AND MAPPER OF RECORD IS: ON SUBJECT PROJECT. THE PROFESSIONAL SURVEYOR PRODUCTION OF DESIGN PLANS AND FOR CONSTRUCTION MAPPER AND UTILIZED AS SUPPORTING DATA IN THE LICENSED FLORIDA PROFESSIONAL SURVEYOR AND ALL SURVEY INFORMATION WAS OBTAINED FROM A PRIOR SURVEY PRODUCED FOR PRIOR FM 444079-1-52-01 Page 10 of 50 133 N 01°17'48" WNW 1ST STNW 1ST STNE 1ST STNE 1ST STNE 2ND STNE 3RD STNE 3RD STN RAILROAD AVENE 4TH STN FEDERAL HWY2110470 480 490N 01°36'20" WN 00°13'20" WN 89°46'40" E N 01°36'20" WN 01°31'12" WN 01°29'50" WN 01°31'12" WN 07°46'40" EN 07°46'40" EN 01°23'00" WN 07°46'40" EN 07°46'40" ENO CORNER FOUND OR SET N = 799,058.702 - E = 964,208.251 NO CORNER FOUND OR SET N = 799,058.412 - E = 964,133.509 POT STA. 2115+00.00 BLC2 BLC3 BM2 FACTOR SCALE LONGITUDE OFFSET ELEVATION (Z) DESCRIPTION NORTHING (Y) EASTING (X)CONVERGENCE LATITUDE STATION £ SURVEY BM2 BLC3 BLC2 N/A 1.00004985 1.00004857 N/A 00°25'14.3" 00°25'05.3" HORIZONTAL AND VERTICAL CONTROL 0 Feet 300150 NAVD 1988PROJECT CONTROL SET FDOT ALUMINUM DISK IN CONCRETE STAMPED "804 93 21 BM02" SET FDOT ALUMINUM DISK IN CONCRETE STAMPED "804 93 21 C03" SET FDOT ALUMINUM DISK IN CONCRETE STAMPED "804 93 21 C02" 12.610 8.494 15.835 799014 799103.9237 798992.1264 963225 964041.8107 962224.8409 481+93.1 490+09.98 471+92.59 41' RT. 45.82' LT. 58.93' RT.SECTION 21SECTION 22SECTION 28SECTION 27N 01°23'00" W POT STA. 2109+00.00 £ SURVEY SR 804 (BOYNTON BEACH BOULEVARD) STA. 486+38.72 = £ SURVEY SR 804 STA. 30+00.00 £ SURVEY RAILROAD RANGE 43 EAST TOWNSHIP 45 SOUTH SECTION 28 RANGE 43 EAST TOWNSHIP 45 SOUTH SECTION 21 1" = 300'N 89°46'40" E SECTION 21 SOUTH LINE OF SE CORNER SECTION 21 STA. 2111+96.70 £ SURVEY US1 (NORTH FEDERAL HIGHWAY) STA. 491+01.61 = END SURVEY £ SR 804 (BOYNTON BEACH BOULEVARD) STA. 491+76.35 (BOYNTON BEACH BOULEVARD) £ SURVEY SR 804 NO CORNER FOUND OR SET N = 798,761.798 - E = 964,140.672 NO CORNER FOUND OR SET N = 799361.634 - E = 964126.645 NO CORNER FOUND OR SET N = 799056.617 - E = 963670.623 FEC RAILROAD(BOYNTON BEACH BOULEVARD) SURVEY BASELINE SR804 POT STA.32+00.00 POT STA.28+00.00 PI STA. 30+00.00 £ SURVEY N SEACREST BLVD PI STA. 471+27.29 = (BOYNTON BEACH BLVD) £ SURVEY SR 804 NO CORNER FOUND OR SET N = 799250.679 - E = 962153.911 NO CORNER FOUND OR SET N = 799050.756 - E = 962159.209 N 01°36'20" W N 01°39'52" W NO CORNER FOUND OR SET N = 798850.840 - E = 962165.018 26°31'43.6505" 26°31'44.48247" 26°31'43.50705" 80°03'39.2776 80°03'30.27992" 80°03'50.29168" DATE DESCRIPTION REVISIONS DATE DESCRIPTION NO. SHEETSTATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ROAD NO.FINANCIAL PROJECT IDCOUNTY 447573-1-52-01 PALM BEACH SR 804 8/25/2025V:\Projects\FDOT\44757315201\Survey\CTLSRD02.dgn5:24:40 PMnperez33325 FL, SUNRISE 13680 NW 5TH STREET, SUITE 200 MILLER, LEGG & ASSOCIATES, INC. LA-6666770LICENSE NUMBER: BRIAN R SHORE, R.L.A.THE OFFICIAL RECORD OF THIS SHEET IS THE ELECTRONIC FILE DIGITALLY SIGNED AND SEALED UNDER RULE 61G10-11.011, F.A.C.LANDSCAPE ARCHITECT PROJECT CONTROL LD-5Page 11 of 50 134 M.P. 8.500 TO M.P. 8.529 STA 457+00.00 TO STA 458+55.21 SR 804 / BOYNTON BEACH BLVD TYPICAL SECTION 1 TRAFFIC DATA TARGET SPEED = 35 MPH POSTED SPEED = 35 MPH DESIGN SPEED = 35 MPH DESIGN HOUR T = 2.2% K = 9% D = 59.8% T = 4.4% (24 HOUR) ESTIMATED DESIGN YEAR = 2046 AADT = 44000 ESTIMATED OPENING YEAR = 2026 AADT = 35000 CURRENT YEAR = 2021 AADT = 32500 10' LANE EX. MEDIAN11' LANE 11' LANE10' LANE SIDEWALK CONCRETE EXISTING SIDEWALK CONCRETE EXISTING TREE GRATE) (EXISTING AREA PLANTING AREA PLANTING TREE GRATE) (EXISTING AREA PLANTING R/W LINE £ SURVEY SR 804 R/W LINE NATURAL GROUND TYPE F CURB NATURAL GROUND PROPOSED LANDSCAPE DATA FROM 06/13/2023 PALM PROPOSED PALM PROPOSED DATE DESCRIPTION REVISIONS DATE DESCRIPTION NO. SHEETSTATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ROAD NO.FINANCIAL PROJECT IDCOUNTY TYPICAL SECTIONS 447573-1-52-01PALM BEACHSR 804 8/25/2025C:\Worksets\FDOT\44407915201\Roadway\TYPSRD01.dgn5:24:41 PMnperezLD-6 SHRUBS PROPOSED B SUNRISE, FL 33325 13680 NW 5TH STREET, SUITE 200 MILLER, LEGG & ASSOCIATES, INC. LICENSE NUMBER: LA-6666770 RIAN R SHORE, R.L.A. LANDSCAPE ARCHITECT THE OFFICIAL RECORD OF THIS SHEET IS THE ELECTRONIC FILE DIGITALLY SIGNED AND SEALED UNDER RULE 61G10-11.011, F.A.C.Page 12 of 50 135 TRAFFIC DATA TARGET SPEED = 35 MPH POSTED SPEED = 35 MPH DESIGN SPEED = 35 MPH DESIGN HOUR T = 2.2% K = 9% D = 59.8% T = 4.4% (24 HOUR) ESTIMATED DESIGN YEAR = 2046 AADT = 29000 ESTIMATED OPENING YEAR = 2026 AADT = 23000 CURRENT YEAR = 2021 AADT = 21300 SEACREST BLVD TO US 1 (STA 471+27.29 TO STA 490+61.05) TARGET SPEED = 35 MPH POSTED SPEED = 35 MPH DESIGN SPEED = 35 MPH DESIGN HOUR T = 2.2% K = 9% D = 59.8% T = 4.4% (24 HOUR) ESTIMATED DESIGN YEAR = 2046 AADT = 44000 ESTIMATED OPENING YEAR = 2026 AADT = 35000 CURRENT YEAR = 2021 AADT = 32500 NW 3RD ST TO SEACREST BLVD (STA 458+55.21 TO 471+27.29) M.P. 8.529 TO M.P. 9.136 STA. 458+55.21 TO STA. 490+54.73 SR 804 / BOYNTON BEACH BLVD TYPICAL SECTION 2 10' LANE 10' LANE11' LANE 11' LANE10' LANE SIDEWALK CONCRETE EXISTING SIDEWALK CONCRETE EXISTING TREE GRATE) (EXISTING AREA PLANTING LANE AUX TREE GRATE) (EXISTING AREA PLANTING NATURAL GROUNDNATURAL GROUND TYPE F CURB £ SURVEY SR 804 R/W LINER/W LINE DATA FROM 06/13/2023 PALM PROPOSED PALM PROPOSED DATE DESCRIPTION REVISIONS DATE DESCRIPTION NO. SHEETSTATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ROAD NO.FINANCIAL PROJECT IDCOUNTY TYPICAL SECTIONS 447573-1-52-01PALM BEACHSR 804 8/25/2025V:\Projects\FDOT\44757315201\Roadway\TYPSRD03.dgn5:24:41 PMnperezLD-7 B SUNRISE, FL 33325 13680 NW 5TH STREET, SUITE 200 MILLER, LEGG & ASSOCIATES, INC. LICENSE NUMBER: LA-666670 RIAN R SHORE, R.L.A. LANDSCAPE ARCHITECT THE OFFICIAL RECORD OF THIS SHEET IS THE ELECTRONIC FILE DIGITALLY SIGNED AND SEALED UNDER RULE 61G10-11.011, F.A.C.Page 13 of 50 136 STANDARDS ARE APPLICABLE TO THIS PROJECT. 9. FDOT CONTRACTOR SHALL, PRIOR TO THE START OF CONSTRUCTION, VERIFY WITH THE RAILWAY IF ANY REVISIONS TO SHALL NOTIFY THE FDOT OF CHANGES AS FAR AS POSSIBLE IN ADVANCE OF CONSTRUCTION. INTERNAL POLICY OR MANDATE OF LAW REVISED ITS STANDARDS AS APPLICABLE TO THIS PROJECT. THE RAILWAY PLAN APPROVAL HAS BEEN GRANTED. THIS RESERVATION WILL BE INVOKED ONLY IF THE RAILWAY HAS EITHER BY PROPERTY OR FACILITIES ANY TIME PRIOR TO THE START OF CONSTRUCTION REGARDLESS IF PREVIOUS CONSTRUCTION 8. THE RAILWAY RESERVES THE RIGHT TO COMMENT /APPROVE THE FDOT CONSTRUCTION PLANS AFFECTING THE RAILWAY E-MAIL: VICTOR.GRANADILLO@FECRWY.COM MOBILE: 786-290-6672 MIAMI, FL 33166 7300 NW 69TH AVE FLORIDA EAST COAST RAILWAY VICTOR GRANADILLO – RAIL SIGNALS SUPERVISOR SOUTH END LANE CLOSURES OR DETOUR ROUTES WITHIN THE RAILWAY RIGHT-OF-WAY. 7. THE CONTRACTOR SHALL CONTACT THE FLORIDA EAST COAST RAILWAY SIGNAL OFFICE PRIOR TO PERFORMING TEMPORARY COSTS OF DELAYS OF THE RAILWAY. REPAIRS WILL BE PERFORMED BY THE RAILWAY AT THE ROADWAY AUTHORITIES EXPENSE INCLUDING ALL ASSOCIATED THE TRACK, TRACK STRUCTURE, RAILWAY FACILITIES, OR TRAIN OPERATIONS AS DETERMINED BY THE RAILWAY, THE UPON NOTIFICATION FROM THE RAILWAY OR THEIR DESIGNATED PERSONNEL OR CONTRACTOR. IF THE DAMAGE AFFECTS 6. ANY DAMAGE CAUSED BY THE ROADWAY WORK TO THE TRACK OR RAILWAY PROPERTY WILL REQUIRE REPAIR IMMEDIATELY ALLOWED TO OPERATE. 5. DURING TRAIN MOVEMENTS THROUGH THE PROJECT LOCATION, VEHICLES, EQUIPMENT, AND PERSONNEL WILL NOT BE ALL MOVEMENTS OF EQUIPMENT WITHIN RAILWAY PROPERTY MUST BE COORDINATED WITH THE RAILWAY WATCHMAN.4. BOOM LENGTHS THAT BY DISTANCE FROM THE ROW COULD ENTER INTO) THE RAILWAY’S RIGHT-OF-WAY. ABOVE, BELOW, ADJACENT TO, OR WITHIN REACH OR POTENTIAL TO FOUL (EQUIPMENT WITH EXTENDABLE, OR FIXED SIGNAL LOCATES AND RAILROAD WATCHMAN / FLAGGING SERVICES, PRIOR TO ENTERING INTO, OR WORKING WITHIN, 3. THE CONTRACTOR SHALL CONTACT FLORIDA EAST COAST RAILWAY AT 1-800-342-1131 (SELECT OPTION 1) TO REQUEST WITHOUT FIRST OBTAINING THE REQUIRED RAILROAD WATCHMAN / FLAGGING SERVICES. WATCHMAN / FLAGGING SERVICES. THE CONTRACTOR SHALL NOT ENTER FLORIDA EAST COAST RAILWAY RIGHT-OF-WAY 2. THE CONTRACTOR SHALL BE RESPONSIBLE FOR CONTACTING FLORIDA EAST COAST RAILWAY (FEC) TO SCHEDULE RAILROAD E-MAIL: JOHN.BLAINE@FECRWY.COM OFFICE: 904-279-3196 JACKSONVILLE, FLORIDA 32256 7150 PHILIPS HIGHWAY FLORIDA EAST COAST RAILWAY JOHN BLAINE –PUBLIC PROJECTS ENGINEER 1. FEC RAILRWAY CONTACT INFORMATION: FEC PERMANENT REPAIRS SHALL BE AS PER STANDARD SPECIFICATIONS ARCTICLE 7-11. FUSION-SPLICED AND ENCLOSED IN A PULL BOX WITHIN 48 HOURS TO RESTORE THE COMMUNICATIONS. SOUTH SIDE OF THE ROAD. IF SUCH FACILITIES ARE DAMAGED, THE FIBER OPTIC CABLE MAY BE TEMPORARILY 2. PALM BEACH COUNTY FIBER OPTIC CABLE FACILITIES ARE PRESENT UNDER THE EXISTING SIDEWALK ON THE CERTIFICATE OF AUTHORIZATION: 8265 DELRAY BEACH, FL 33484 5119 BEECHWOOD ROAD RITZEL-MASON, INC. P.S.M. No: 6953 DENNIS RITZEL, P.S.M. SUBJECT PROJECT. THE PROFESSIONAL SURVEYOR AND MAPPER OF RECORD IS: AND UTILIZED AS SUPPORTING DATA IN THE PRODUCTION OF DESIGN PLANS AND FOR CONSTRUCTION ON 1. ALL SURVEY INFORMATION WAS OBTAINED FROM A LICENSED FLORIDA PROFESSIONAL SURVEYOR AND MAPPER ============= GENERAL NOTES HOURS UNLESS THE CONTRACTOR PERFORMS THE USE OF VIBRATORY EQUIPMENT OUTSIDE THEIR BUISNESS HOURS. STATION 479+00 (LT), AND BIRTHLINE/ LIFELINE MEDICAL CENTER AROUND STATION 480+00 (RT) DURING BUSINESS 10. DO NOT USE ANY VIBRATORY EQUIPMENT WITHIN 1000 FEET OF GALAXY ELEMENTARY SCHOOL, DOCTOR'S OFFICE AROUND CONTAMINATION IMPACTS MAY OCCUR. AREAS SHALL BE TREATED AS IDENTIFIED AREAS OF CONTAMINATION. IF DEWATERING METHODS ARE EMPLOYED, 9. THERE IS POTENTIAL GROUNDWATER CONTAMINATION ADJACENT TO THE PROJECT CORRIDOR. POTENTIALLY CONTAMINATED 490+54 RT. CONTAMINATION IMPACTS MAY OCCUR AT APPROXIMATELY STA: 482+00 LT TO 482+60 LT AND STA 490+00 RT TO STA 8. THERE IS IDENTIFIED SOIL CONTAMINATION WITHIN THE FDOT ROW. IF SUBSURFACE ACTIVITIES ARE CONDUCTED, AFFECT SCHOOL BUS ROUTES. THE SCHOOL HOURS ARE 7:30 AM TO 3:00 PM. COUNTY SCHOOL DISTRICT TRANSPORTATION DEPARTMENT (PHONE 561-434-8000) PRIOR TO ANY CLOSURE THAT MAY 5. COORDINATE WITH GALAXY ELEMENTARY SCHOOL (ADMINISTRATION, PHONE: 561-739-5600) AND THE PALM BEACH FROM 9:00 AM TO 11:30 AM AND WEDNESDAYS FROM 6:00 PM TO 8:00 PM). 4. COORDINATE CONSTRUCTION ACTIVITIES WITH FIRST BAPTIST CHURCH OF BOYNTON BEACH AT SERVICE TIMES (SUNDAYS AT 561-370-1175 OR ANTHONY HEARD AT 786-459-2408 LIMITS (IF NEEDED) BY THE ASSET MAINTENANCE (AM) CONTRACTOR DURING CONSTRUCTION. CONTACT NICHOLAS MOFFO BEGINNING CONSTRUCTION IN ORDER TO DOCUMENT THE EXISTING CONDITIONS AND TO COORDINATE ACCESS INTO THE PROJECT MAINTENANCE (AM) CONTRACTOR, INFRASTRUCTURE ASSET MAINTENANCE SERVICE (IAMS) AT LEAST TWO WEEKS PRIOR TO ALL WORK OPERATIONS WITHIN AND IN THE VICINITY OF THE PROJECT LIMITS WITH THE DEPARTMENT'S ASSET 3. THIS ROADWAY IS MAINTAINED FOR THE DEPARTMENT BY AN ASSET MAINTENANCE (AM) CONTRACTOR. COORDINATE DATE DESCRIPTION REVISIONS DATE DESCRIPTION NO. SHEETSTATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ROAD NO.FINANCIAL PROJECT IDCOUNTY 447573-1-52-01 PALM BEACH SR 804 8/25/2025V:\Projects\FDOT\44757315201\Landscape\GNNTLD01.dgn5:24:42 PMnperez33325 FL, SUNRISE 13680 NW 5TH STREET, SUITE 200 MILLER, LEGG & ASSOCIATES, INC. LA-6666770LICENSE NUMBER: BRIAN R SHORE, R.L.A.THE OFFICIAL RECORD OF THIS SHEET IS THE ELECTRONIC FILE DIGITALLY SIGNED AND SEALED UNDER RULE 61G10-11.011, F.A.C.LANDSCAPE ARCHITECT GENERAL NOTES LD-8 TACKT@BBFL.US 561-600-9091 TIMOTHY TACK - (CRA) COMMUNITY REDEVELOPMENT AGENCY CITY OF BOYNTON BEACH CRA CONTACT INFORMATION: ARENCIBIAE@BBFL.US 561-742-6204 EUSEBIO ARENCIBIA CITY OF BOYNTON BEACH PARKS SUPERVISOR CONTACT INFORMATION: ECKENWILERB@BBFL.US 561-742-6408 BRANDON ECKENWILER CITY OF BOYNTON BEACH PUBLIC WORKS / UTILITIES CONTACT INFORMATION: ABDURAKHMANOVM@BBFL.US 561-742-6266 MOISEY ABDURAKHMANOV E.I. CITY OF BOYNTON BEACH CONTACT INFORMATION: 11. CITY OF BOYNTON BEACH CONTACTS: 2. PROVIDE 10 BUSINESS DAY NOTICE TO CITY OF BOYNTON BEACH PARKS FOR CONNECTION TO VALVE AT SOURCE 6. 1. PROVIDE TEN (10) BUSINESS DAY NOTICE TO CITY OF BOYNTON BEACH UTILITIES FOR SETTING OF WATER METERS. IRRIGATION PROJECT ENGINEER: CAESAR CHUNG (CREATIVE ENGINEERING) 954-789-5385 / CCHUNG@CEGROUPFL.COM COORDINATE TEMPOARARY TRAFFIC CONTROL PLANS WITH ADJACENT PROJECT FPID 435804-1-52-01 / CONTRACT T46911. TEMPORARY TRAFFIC CONTROL Page 14 of 50 137 3031303029452 453 454 455 456 457455 1 PE FG 577 FG 49 R/W LINER/W LINER/W LINER/W LINER/W LINER/W LINENW 4TH STREETNW 3RD STREETSR 804 / E BOYNTON BEACH BLVD. R/W LINE R/W LINE 10 40 Feet 0 N COASTAL GROUP LLC 4 REEL SERVICES LLOYD'S PLAZA SUNCOAST APARTMENTS STA. 457+00.00 BEGIN PROJECT CONSTRUCTION BEGIN LAW OFFICES OF JAMES A. BONFIGLIO, P.A. TH SD SD WATER SD SAN BACK FLOW WATER ELEC WATER WATER WATER SD WATER WATER WATER UWATER U BACK FLOW SAN WATER DATE DESCRIPTION REVISIONS DATE DESCRIPTION NO. SHEETSTATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ROAD NO.FINANCIAL PROJECT IDCOUNTY 447573-1-52-01 PALM BEACH SR 804 8/25/2025V:\Projects\FDOT\44757315201\Landscape\PLANLD02.dgn5:24:47 PMnperez33325 FL, SUNRISE 13680 NW 5TH STREET, SUITE 200 MILLER, LEGG & ASSOCIATES, INC. LA-6666770LICENSE NUMBER: BRIAN R SHORE, R.L.A.THE OFFICIAL RECORD OF THIS SHEET IS THE ELECTRONIC FILE DIGITALLY SIGNED AND SEALED UNDER RULE 61G10-11.011, F.A.C.LANDSCAPE ARCHITECT LANDSCAPE PLAN (1) LD-9Page 15 of 50 138 303130302930313030458 459 460 461 462 463460460 3 PE PE 1 PE 1 PE 1 3 PE 6 PE 1 PE PE 1 PE 8 FG 662 R/W LINE R/W LINER/W LINER/W LINER/W LINER/W LINER/W LINENW 3RD STREETNW 2ND STREETNW 2ND STREETSR 804 / E BOYNTON BEACH BLVD. R/W LINE R/W LINE R/W LINE 10 40 Feet 0 N R/W LINE MARATHON GAS STATION HEALING HEART VETERENARY CLINIC TH TH TH TH TH TH TH TH TH WATER WATER WATER WATER SD U WATERWATER WATER BACK FLOW SAN WATER WATER SANSD WATER WATER WATER SD WATER BACK FLOW BACK FLOW WATER SAN BACK FLOW WATER WATER DATE DESCRIPTION REVISIONS DATE DESCRIPTION NO. SHEETSTATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ROAD NO.FINANCIAL PROJECT IDCOUNTY 447573-1-52-01 PALM BEACH SR 804 8/25/2025V:\Projects\FDOT\44757315201\Landscape\PLANLD02.dgn5:24:47 PMnperez33325 FL, SUNRISE 13680 NW 5TH STREET, SUITE 200 MILLER, LEGG & ASSOCIATES, INC. LA-6666770LICENSE NUMBER: BRIAN R SHORE, R.L.A.THE OFFICIAL RECORD OF THIS SHEET IS THE ELECTRONIC FILE DIGITALLY SIGNED AND SEALED UNDER RULE 61G10-11.011, F.A.C.LANDSCAPE ARCHITECT LANDSCAPE PLAN (2) LD-10Page 16 of 50 139 3031303029464 465 466 467 468 469465 1 PE 2 PE 3 PE 9 PE PE 1 PE 9 PE 2 PE 2 PE 3 R/W LINER/W LINER/W LINER/W LINER/W LINENW 1ST STREETNW 1ST STREETR/W LINE R/W LINE R/W LINE 10 40 Feet 0 N SR 804 / E BOYNTON BEACH BLVD. MY FUTURE INC. SUPERB SIGNS FIRST BAPTIST CHURCH OF BOYNTON BEACH CHECK CASHING USA WESTERN UNION UNITED STATES POSTAL SERVICE LIGHTHOUSE ACADEMY AND CHILD DEVELOPMENT CENTER EDGE OF CHURCH OVERHANG OF CHURCH EVE OF BUILDING / TH TH TH TH TH WATER WATER WATER WATER ELEC WATER WATER WATER WATER WATER WATER WATER WATER WATER WATER WATER WATERWATER WATER SD WATER SAN WATER U WATER WATER U BACK FLOW WATER U WATER BACK FLOWWATERWATER WATER WATER WATER SAN SAN DATE DESCRIPTION REVISIONS DATE DESCRIPTION NO. SHEETSTATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ROAD NO.FINANCIAL PROJECT IDCOUNTY 447573-1-52-01 PALM BEACH SR 804 8/25/2025V:\Projects\FDOT\44757315201\Landscape\PLANLD02.dgn5:24:48 PMnperez33325 FL, SUNRISE 13680 NW 5TH STREET, SUITE 200 MILLER, LEGG & ASSOCIATES, INC. LA-6666770LICENSE NUMBER: BRIAN R SHORE, R.L.A.THE OFFICIAL RECORD OF THIS SHEET IS THE ELECTRONIC FILE DIGITALLY SIGNED AND SEALED UNDER RULE 61G10-11.011, F.A.C.LANDSCAPE ARCHITECT LANDSCAPE PLAN (3) LD-11Page 17 of 50 140 2930313030470 471 472 473 474 475470475470 6 PE 10 PE PE 35 PE PE 5 PE 5 R/W LINE R/W LINER/W LINER/W LINER/W LINER/W LINEN SEACREST BLVD.N SEACREST BLVD.SR 804 / E BOYNTON BEACH BLVD. R/W LINE R/W LINE 10 40 Feet 0 N FIRST BAPTIST CHURCH OF BOYNTON BEACH G & C PAWN SHOP A1A LIQUOR & BEER ST JACQUES BOTANICA PDE PUBLIC ADJUSTERS UNITED STATES POSTAL SERVICE EXPRESS FOOD & BEVERAGE EDGE OF CHURCH OVERHANG OF CHURCH EVE OF BUILDING / TRAFFIC BOX TH TH TH TH TH TH THTH TH TH TH TH TH TH TH TH TH TH TH TH SAN WATERWATER SAN WATER SD SD WATER WATER WATER SD WATER WATER WATER SD SAN DATE DESCRIPTION REVISIONS DATE DESCRIPTION NO. SHEETSTATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ROAD NO.FINANCIAL PROJECT IDCOUNTY 447573-1-52-01 PALM BEACH SR 804 8/25/2025V:\Projects\FDOT\44757315201\Landscape\PLANLD02.dgn5:24:48 PMnperez33325 FL, SUNRISE 13680 NW 5TH STREET, SUITE 200 MILLER, LEGG & ASSOCIATES, INC. LA-6666770LICENSE NUMBER: BRIAN R SHORE, R.L.A.THE OFFICIAL RECORD OF THIS SHEET IS THE ELECTRONIC FILE DIGITALLY SIGNED AND SEALED UNDER RULE 61G10-11.011, F.A.C.LANDSCAPE ARCHITECT LANDSCAPE PLAN (4) LD-12Page 18 of 50 141 303130302930313030476 477 478 479 480 481480480 DOCTOR'S OFFICE 3 PEPE 3 4 PE 1 PE 1 PE PE 51 PE 2 PE 1 PE 1 PE R/W LINE R/W LINE R/W LINER/W LINER/W LINER/W LINER/W LINER/W LINER/W LINENE 2ND STREETNE 1ST STREETNE 1ST STREETSR 804 / E BOYNTON BEACH BLVD. R/W LINE R/W LINE 10 40 Feet 0 N KENTUCKY FRIED CHICKEN MEINEKE CAR CARE CENTER DJ'S SEAFOOD & GRILL BUSINESS PLAZATI MANMI'S KITCHENBIRTHLINE / LIFELINE MEDICAL CENTER SUNNYSIDE MEDICAL CANNABIS DISPENSARY MAIN STREET CAR WASH TH TH TH TH WATER BACK FLOW SAN BACK FLOW SD COMM SD WATER WATER SAN SAN WATER WATER SAN WATER WATER WATER U LANDSCAPE PLAN (5) LD-13 DATE DESCRIPTION REVISIONS DATE DESCRIPTION NO. SHEETSTATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ROAD NO.FINANCIAL PROJECT IDCOUNTY 447573-1-52-01 PALM BEACH SR 804 8/25/2025V:\Projects\FDOT\44757315201\Landscape\PLANLD02.dgn5:24:49 PMnperez33325 FL, SUNRISE 13680 NW 5TH STREET, SUITE 200 MILLER, LEGG & ASSOCIATES, INC. LA-6666770LICENSE NUMBER: BRIAN R SHORE, R.L.A.THE OFFICIAL RECORD OF THIS SHEET IS THE ELECTRONIC FILE DIGITALLY SIGNED AND SEALED UNDER RULE 61G10-11.011, F.A.C.LANDSCAPE ARCHITECT Page 19 of 50 142 293031303030313030292930313030482 483 484 485 486 487485 2 PE2 PE 1 PE 1 PE 2 PE 1 PE PE 1R/W LINE R/W LINE R/W LINER/W LINER/W LINER/W LINER/W LINER/W LINER/W LINER/W LINER/W LINER/W LINER/W LINENE 3RD STREETNE 3RD STREETSR 804 / E BOYNTON BEACH BLVD.RAILROAD AVENE 4TH STREETFEC RAILROAD CROSSING NO. 272480-NFEC RAILROAD CROSSING NO. 272480-NR/W LINE R/W LINE 10 40 Feet 0 N MEINEKE CAR CARE CENTER PRESSURE WASHING PAINT SPRAYERS BOYNTON BEACH LAUNDRY BUD'S CHICKEN AND SEAFOOD MONSTER FURNITURE & MATRESS VAPOR ROCKET VAPORIZER STORE TROPICAL ISLAND RESTAURANT SECRET GARDEN CAFE LE PETIT PAIN BAKERY BRUNO'S AUTO BODY & PAINT BUSINESS PLAZA TH THTH TH TH TH TH TH TH TH TH WATER WATER SAN WATER U WATER SAN WATER SAN WATER WATER SD WATER SAN WATER U WATER SD WATER WATER SAN WATER BACK FLOW SAN WATER SAN WATER WATER SANSAN WATER SD BACK FLOW MH MH WATER WATER DATE DESCRIPTION REVISIONS DATE DESCRIPTION NO. SHEETSTATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ROAD NO.FINANCIAL PROJECT IDCOUNTY 447573-1-52-01 PALM BEACH SR 804 8/25/2025V:\Projects\FDOT\44757315201\Landscape\PLANLD02.dgn5:24:49 PMnperez33325 FL, SUNRISE 13680 NW 5TH STREET, SUITE 200 MILLER, LEGG & ASSOCIATES, INC. LA-6666770LICENSE NUMBER: BRIAN R SHORE, R.L.A.THE OFFICIAL RECORD OF THIS SHEET IS THE ELECTRONIC FILE DIGITALLY SIGNED AND SEALED UNDER RULE 61G10-11.011, F.A.C.LANDSCAPE ARCHITECT LANDSCAPE PLAN (6) LD-14Page 20 of 50 143 211121122113488 489 490 491490490 3 PE 3 PE 2 PE 9 PE ID 6572 R/W LINE R/W LINER/W LINER/W LINER/W LINESR 804 / E BOYNTON BEACH BLVD.US 1 / SR 5 / FEDERAL HWY.US 1 / SR 5 / FEDERAL HWY.R/W LINE E BOYNTON BEACH BLVD. 40 10 40 Feet 0 N CVS PHARMACY ACE HARDWARE CHEVRON GAS STATION MILLER LAND PLANNING, INC. STA. 490+62.21 END PROJECT END CONSTRUCTION TH TH TH TH TH TH TEL WATER WATER WATER SD SAN WATER MH MH SD WATER SAN WATER WATER WATER BACK FLOWBACK FLOW WATER WATER LANDSCAPE PLAN (7) LD-15 DATE DESCRIPTION REVISIONS DATE DESCRIPTION NO. SHEETSTATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ROAD NO.FINANCIAL PROJECT IDCOUNTY 447573-1-52-01 PALM BEACH SR 804 8/25/2025V:\Projects\FDOT\44757315201\Landscape\PLANLD02.dgn5:24:50 PMnperez33325 FL, SUNRISE 13680 NW 5TH STREET, SUITE 200 MILLER, LEGG & ASSOCIATES, INC. LA-6666770LICENSE NUMBER: BRIAN R SHORE, R.L.A.THE OFFICIAL RECORD OF THIS SHEET IS THE ELECTRONIC FILE DIGITALLY SIGNED AND SEALED UNDER RULE 61G10-11.011, F.A.C.LANDSCAPE ARCHITECT Page 21 of 50 144 LANDSCAPE SCHEDULE LD-16 DATE DESCRIPTION REVISIONS DATE DESCRIPTION NO. SHEETSTATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ROAD NO.FINANCIAL PROJECT IDCOUNTY 447573-1-52-01 PALM BEACH SR 804 8/25/2025V:\Projects\FDOT\44757315201\Landscape\GNNTLD02.dgn5:24:50 PMnperez33325 FL, SUNRISE 13680 NW 5TH STREET, SUITE 200 MILLER, LEGG & ASSOCIATES, INC. LA-6666770LICENSE NUMBER: BRIAN R SHORE, R.L.A.THE OFFICIAL RECORD OF THIS SHEET IS THE ELECTRONIC FILE DIGITALLY SIGNED AND SEALED UNDER RULE 61G10-11.011, F.A.C.LANDSCAPE ARCHITECT PLANT SCHEDULE LABEL DESCRIPTION SIZE MAINT. MAX. QUANTITY NO. SITE DESCRIPTION LOCATION NOTES DESIGN LANDSCAPE COMPLETE - LARGE PLANTS PE Straight Trunk, Match Heights; See Plan Ptychosperma elegans / Solitaire Palm; 16' Clear trunk, Florida Fancy, Natural 1 LD-9 Existing Tree Grat 25 LD-10 Existing Tree Grat 32 LD-11 Existing Tree Grat 34 LD-12 Existing Tree Grat 22 LD-13 Existing Tree Grat 10 LD-14 Existing Tree Grat 17 LD-15 Existing Tree Grat LANDSCAPE COMPLETE - SMALL PLANTS FG 12" SPR, 16" O.C., See Plan Ficus Microcarpa 'Green Island' / Green Island Ficus, 1 Gal., 12" Ht., Natural 626 LD-9 Median 662 LD-10 Median Page 22 of 50 145 Permit Landscape Inspector upon inspection. the Mulch and Soil Council (MSC). Submit proof of certification to the FDOT District Operations Hardwood Mulch (containing no Cypress products), Recycled Mulch or approved equal, certified by Cypress Mulch is not permitted on FDOT right of way. Mulch permitted to be used are 4. clear from top of curb.”compacted mulch and 1 ” reserving space for 3 from top of curb, ” and replace with specified planting soil. Planting soil shall come up to 4 ” 12 Areas to be planted with shrubs and/or ground covers: remove compacted soil to a depth of 3. and replaced with specified planting soil 50% coarse sand and 50% organics. diameter and all construction debris, is removed from median area to be planted ” stones over 3 Contractor shall insure that all unsuitable soil including concrete, pavement, road base, 2. back of curb (See Detail below). from the ” Contractor shall preserve a continuous band of undisturbed compacted sub-base 181. FROM THE BACK OF CURB.2” 1 COMPACTED SUB-BASE BAND OF UNDISTURBED PRESERVE A CONTINUOUS SOIL 12' MIN AMENDED PLANTING EXISTING SOIL SUBGRADE AREA PLANTING ASSESS AND AMEND SOIL FOR EXISTING SOIL SUBGRADE CURB. FROM THE BACK OF 2” COMPACTED SUB-BASE 1 PRESERVE A CONTINUOUS BAND OF UNDISTURBED NOTES: 1.ASSURE PERCOLATION OF ALL PLANTING PITS PRIOR TO INSTALLATION. 2. IN SEMI-IMPERVIOUS SOIL CONDITIONS, ROOTBALL ELEVATION SHALL BE 2"-4" ABOVE FINISH GRADE. COORDINATE WITH LANDSCAPE ARCHITECT PRIOR TO SETTING ROOTBALL ELEVATIONS. TRIANGULAR SPACING AT 18" ON CENTER STAGGERED PLANTING BACK OF CURB DATE DESCRIPTION REVISIONS DATE DESCRIPTION NO. SHEETSTATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ROAD NO.FINANCIAL PROJECT IDCOUNTY 447573-1-52-01 PALM BEACH SR 804 8/25/2025V:\Projects\FDOT\44757315201\Landscape\DETLLD02.dgn5:24:58 PMnperez33325 FL, SUNRISE 13680 NW 5TH STREET, SUITE 200 MILLER, LEGG & ASSOCIATES, INC. LA-6666770LICENSE NUMBER: BRIAN R SHORE, R.L.A.THE OFFICIAL RECORD OF THIS SHEET IS THE ELECTRONIC FILE DIGITALLY SIGNED AND SEALED UNDER RULE 61G10-11.011, F.A.C.LANDSCAPE ARCHITECT LANDSCAPE DETAILS LD-17 NTS1 MEDIAN SOIL EXCAVATION DETAIL NTS2 MEDIAN GROUNDCOVER PLANTING DETAIL NTS3 GROUND COVER LAYOUT DETAIL Page 23 of 50 146 (TYP) SURROUND DECORATIVE WAVE OR DECORATIVE DECORATIVE BORDER AND EXCAVATION INLET CUT INTO CURB FINISH GRADE EXISTING SOIL SUBGRADE UNDISTURBED SOIL. SET ROOTBALL ON PLATIMAT ROOTBALL PROTECTION MESH- TWO WAY RACHET TENSIONER GALVANIZED WIRE- PLATIPUS ALUMINUM ALLOY ANCHORS- PALM ANCHORING SYSTEM TREE GRATE PRECAST (TYP) SURROUND DECORATIVE DECORATIVE WAVE DECORATIVE BORDER OR AND 30% ORGANICS PLANTING SOIL 8" MIN. PREPARED 70% COARSE SAND COURSE SAND EXISTING SOIL SUBGRADE AGGREGATE PLUG REMOVE BONDED RESIN ROOTBALL VARIES BOTTOM OF DIMENSION (TYP) SURROUND DECORATIVE DECORATIVE WAVE DECORATIVE BORDER OR EXISTING SOIL SUBGRADE AND 30% ORGANICS PLANTING SOIL 8" MIN. PREPARED 70% COARSE SAND COURSE SAND TREE GRATE PRECAST ANCHOR DEPTH PROVIDE MANUFACTURER SPECIFICATIONS FOR TREE GRATE TO IDENTIFY LOCATION. NUMBER EACH TREE GRATE ON UNDERSIDE OF 4. PRINT AND DIGITAL FORMAT. OF FINDINGS WITNESSED BY PROJECT ENGINEER IN COMMENCEMENT OF CONSTRUCTION. PROVIDE REPORT FIELD RECORD AND INVENTORY PRIOR TO 3. RESPONSIBILITY OF THE CONTRACTOR. DAMAGED TREE GRATES TO BE THE 2. TREE PIT ACTIVITIES. SAFE HANDLING AND STORAGE OFF SITE DURING REMOVE AND STORE TREE GRATE, COORDINATE 1. PROJECT NOTES: DATE DESCRIPTION REVISIONS DATE DESCRIPTION NO. SHEETSTATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ROAD NO.FINANCIAL PROJECT IDCOUNTY 447573-1-52-01 PALM BEACH SR 804 8/25/2025V:\Projects\FDOT\44757315201\Landscape\DETLLD02.dgn5:24:58 PMnperez33325 FL, SUNRISE 13680 NW 5TH STREET, SUITE 200 MILLER, LEGG & ASSOCIATES, INC. LA-6666770LICENSE NUMBER: BRIAN R SHORE, R.L.A.THE OFFICIAL RECORD OF THIS SHEET IS THE ELECTRONIC FILE DIGITALLY SIGNED AND SEALED UNDER RULE 61G10-11.011, F.A.C.LANDSCAPE ARCHITECT LANDSCAPE DETAILS LD-18 NTS 1 TREE PIT SOIL EXCAVATION DETAIL NTS 3 TREE PIT PLANTING DETAIL NTS 2 TREE PIT FILL DETAIL Page 24 of 50 147 VVH36B TH SD SD WATER SD SAN BACK FLOW WATER ELEC WATER WATER WATER SD WATER WATER WATER UWATER U BACK FLOW SAN WATER30313030 29452 453 454 455 456 457455 R/W LINER/W LINER/W LINER/W LINER/W LINER/W LINENW 4TH STREETNW 3RD STREETSR 804 / E BOYNTON BEACH BLVD. R/W LINE R/W LINE 10 40 Feet 0 N COASTAL GROUP LLC 4 REEL SERVICES LLOYD'S PLAZA SUNCOAST APARTMENTS STA. 457+00.00 BEGIN PROJECT CONSTRUCTION BEGIN LAW OFFICES OF JAMES A. BONFIGLIO, P.A. 560 SF 50 SF M1 BF1 C1 F R A 11.81-1 1" 1" 1" 4" SLEEVE 1"1" 1" BACK FLOW 456 BF1 C1 F R 11.81-1 1" 1"1" 1" DATE DESCRIPTION REVISIONS DATE DESCRIPTION NO. SHEETSTATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ROAD NO.FINANCIAL PROJECT IDCOUNTY 447573-1-52-01 PALM BEACH SR 804 8/25/2025\\sfo-main\Data\Projects\FDOT\44757315201\Landscape\IRRPLD01.dgn5:25:06 PMnperez33325 FL, SUNRISE 13680 NW 5TH STREET, SUITE 200 MILLER, LEGG & ASSOCIATES, INC. LA-6666770LICENSE NUMBER: BRIAN R SHORE, R.L.A.THE OFFICIAL RECORD OF THIS SHEET IS THE ELECTRONIC FILE DIGITALLY SIGNED AND SEALED UNDER RULE 61G10-11.011, F.A.C.LANDSCAPE ARCHITECT IRRIGATION PLAN (1) LD-19 INSERT A INSERT A LEGEND BACK FLOW WATER METER BY CITY BASKET FILTER M1 DRIP ZONE AREA BF F CONTROLLER RAIN SENSOR WITH FILTER ZONE VALVE R C1 Page 25 of 50 148 VVH3 VVH2 VVH36A VVH1 VVH4 VVH5 VVH7 VVH6 VVH9 VVH38 VVH39 TH TH TH TH TH TH TH TH TH WATER WATER WATER WATER SD U WATERWATER WATER BACK FLOW SAN WATER WATER SANSD VVH8 WATER WATER WATER SD WATER BACK FLOW BACK FLOW WATER SAN BACK FLOW WATER WATER 303130302930313030458 459 460 461 462 463460460 R/W LINE R/W LINER/W LINER/W LINER/W LINER/W LINER/W LINENW 3RD STREETNW 2ND STREETNW 2ND STREETSR 804 / E BOYNTON BEACH BLVD. R/W LINE R/W LINE R/W LINE 10 40 Feet 0 N R/W LINE MARATHON GAS STATION HEALING HEART VETERENARY CLINIC 570 SF 1" 1" 1" A 1"1" 1"1"1" 1"1" DATE DESCRIPTION REVISIONS DATE DESCRIPTION NO. SHEETSTATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ROAD NO.FINANCIAL PROJECT IDCOUNTY 447573-1-52-01 PALM BEACH SR 804 8/25/2025\\sfo-main\Data\Projects\FDOT\44757315201\Landscape\IRRPLD01.dgn5:25:06 PMnperez33325 FL, SUNRISE 13680 NW 5TH STREET, SUITE 200 MILLER, LEGG & ASSOCIATES, INC. LA-6666770LICENSE NUMBER: BRIAN R SHORE, R.L.A.THE OFFICIAL RECORD OF THIS SHEET IS THE ELECTRONIC FILE DIGITALLY SIGNED AND SEALED UNDER RULE 61G10-11.011, F.A.C.LANDSCAPE ARCHITECT IRRIGATION PLAN (2) LD-20 VACANT LOT VACANT LOT LEGEND DRIP ZONE AREA Page 26 of 50 149 VVH37 VVH57 VVH10 VVH11 VVH12 TH TH TH TH TH WATER WATER WATER WATER ELEC WATER WATER WATER WATER WATER WATER WATER WATER WATER WATER WATER WATER WATER WATER SD WATER SAN WATER U WATER WATER U BACK FLOW WATER U WATER BACK FLOWWATERWATER WATER WATER WATER SAN SAN 3031303029464 465 466 467 468 469465 R/W LINER/W LINER/W LINER/W LINER/W LINENW 1ST STREETNW 1ST STREETR/W LINE R/W LINE R/W LINE 10 40 Feet 0 N SR 804 / E BOYNTON BEACH BLVD. MY FUTURE INC. SUPERB SIGNS FIRST BAPTIST CHURCH OF BOYNTON BEACH CHECK CASHING USA WESTERN UNION UNITED STATES POSTAL SERVICE LIGHTHOUSE ACADEMY AND CHILD DEVELOPMENT CENTER EDGE OF CHURCH OVERHANG OF CHURCH EVE OF BUILDING / C3 FR M2 C2 F R BF2 BF3 M3 1"1" 1" 1" 1" 1"1" 1" 1" 1" 1" 1" 1"1" 1" 10.83-1 1" 2-19.6 1" DATE DESCRIPTION REVISIONS DATE DESCRIPTION NO. SHEETSTATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ROAD NO.FINANCIAL PROJECT IDCOUNTY 447573-1-52-01 PALM BEACH SR 804 8/25/2025V:\Projects\FDOT\44757315201\Landscape\IRRPLD01.dgn5:25:07 PMnperez33325 FL, SUNRISE 13680 NW 5TH STREET, SUITE 200 MILLER, LEGG & ASSOCIATES, INC. LA-6666770LICENSE NUMBER: BRIAN R SHORE, R.L.A.THE OFFICIAL RECORD OF THIS SHEET IS THE ELECTRONIC FILE DIGITALLY SIGNED AND SEALED UNDER RULE 61G10-11.011, F.A.C.LANDSCAPE ARCHITECT IRRIGATION PLAN (3) LD-21 LEGEND BACK FLOW WATER METER BY CITYM2 BF BASKET FILTERF CONTROLLER RAIN SENSORR C2 WITH FILTER ZONE VALVE BASKET FILTERF CONTROLLER RAIN SENSORR C3 WITH FILTER ZONE VALVE LEGEND BACK FLOW M3 BF WATER METER BY CITY Page 27 of 50 150 VVH14 VVH13 VVH13A VVH40 VVH41 VVH42 VVH31 VVH43 VVH44 TH TH TH TH TH TH THTH THTH TH TH TH TH TH TH TH TH TH TH VVH32 VVH32A VVH33B VVH33 VVH33A VVH49 VVH48 VVH49 VVH45 VVH17 VVH15VVH16 SAN WATERWATER SAN WATER SD SD WATER WATER WATER SD WATER WATER WATER SD SAN 2930313030470 471 472 473 474 475470475470 R/W LINE R/W LINER/W LINER/W LINER/W LINER/W LINEN SEACREST BLVD.N SEACREST BLVD.SR 804 / E BOYNTON BEACH BLVD. R/W LINE R/W LINE 10 40 Feet 0 N FIRST BAPTIST CHURCH OF BOYNTON BEACH G & C PAWN SHOP A1A LIQUOR & BEER ST JACQUES BOTANICA PDE PUBLIC ADJUSTERS UNITED STATES POSTAL SERVICE EXPRESS FOOD & BEVERAGE EDGE OF CHURCH OVERHANG OF CHURCH EVE OF BUILDING / TRAFFIC BOX 1" 1" 1" DATE DESCRIPTION REVISIONS DATE DESCRIPTION NO. SHEETSTATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ROAD NO.FINANCIAL PROJECT IDCOUNTY 447573-1-52-01 PALM BEACH SR 804 8/25/2025\\sfo-main\Data\Projects\FDOT\44757315201\Landscape\IRRPLD01.dgn5:25:07 PMnperez33325 FL, SUNRISE 13680 NW 5TH STREET, SUITE 200 MILLER, LEGG & ASSOCIATES, INC. LA-6666770LICENSE NUMBER: BRIAN R SHORE, R.L.A.THE OFFICIAL RECORD OF THIS SHEET IS THE ELECTRONIC FILE DIGITALLY SIGNED AND SEALED UNDER RULE 61G10-11.011, F.A.C.LANDSCAPE ARCHITECT IRRIGATION PLAN (4) LD-22 VACANT LOT PARKING LOT Page 28 of 50 151 TH TH TH THVVH50 VVH18 VVH19 VVH21 VVH20 VVH51 WATER BACK FLOW SAN BACK FLOW SD COMM SD WATER WATER SAN SAN WATER WATER SAN WATER WATER WATER U 303130302930313030476 477 478 479 480 481480480 R/W LINE R/W LINE R/W LINER/W LINER/W LINER/W LINER/W LINER/W LINER/W LINENE 2ND STREETNE 1ST STREETNE 1ST STREETSR 804 / E BOYNTON BEACH BLVD. R/W LINE R/W LINE 10 40 Feet 0 N KENTUCKY FRIED CHICKEN MEINEKE CAR CARE CENTER DJ'S SEAFOOD & GRILL BUSINESS PLAZATI MANMI'S KITCHENBIRTHLINE / LIFELINE MEDICAL CENTER SUNNYSIDE MEDICAL CANNABIS DISPENSARY M5 R R BF5 F F C5 M4 1" 5-16.3 1" 1" BF4 C4 4-110.2 1" 1" 1" 1"1"1" 1" 1" 1" 1" 1"1" 1" 1" 1" 1" IRRIGATION PLAN (5) LD-23 DATE DESCRIPTION REVISIONS DATE DESCRIPTION NO. SHEETSTATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ROAD NO.FINANCIAL PROJECT IDCOUNTY 447573-1-52-01 PALM BEACH SR 804 8/25/2025V:\Projects\FDOT\44757315201\Landscape\IRRPLD01.dgn5:25:08 PMnperez33325 FL, SUNRISE 13680 NW 5TH STREET, SUITE 200 MILLER, LEGG & ASSOCIATES, INC. LA-6666770LICENSE NUMBER: BRIAN R SHORE, R.L.A.THE OFFICIAL RECORD OF THIS SHEET IS THE ELECTRONIC FILE DIGITALLY SIGNED AND SEALED UNDER RULE 61G10-11.011, F.A.C.LANDSCAPE ARCHITECT PARKING LOT VACANT LOT LEGEND BACK FLOW WATER METER BY CITYM4 BF BASKET FILTERF CONTROLLER RAIN SENSORR C4 WITH FILTER ZONE VALVE LEGEND BACK FLOW WATER METER BY CITYM5 BF BASKET FILTERF CONTROLLER RAIN SENSORR C5 WITH FILTER ZONE VALVE Page 29 of 50 152 TH THTH TH TH TH TH TH TH TH TH VVH22 VVH23 VVH23A VVH55 VVH52 VVH53 VVH54 VVH24 VVH25 VVH26 VVH58 VVH59 WATER WATER SAN WATER U WATER SAN WATER SAN WATER WATER SD WATER SAN WATER U WATER SD WATER WATER SAN WATER BACK FLOW SAN WATER SAN WATER WATER SANSAN WATER SD BACK FLOW MH MH WATER WATER 293031303030313030292930313030482 483 484 485 486 487485 R/W LINE R/W LINE R/W LINER/W LINER/W LINER/W LINER/W LINER/W LINER/W LINER/W LINER/W LINER/W LINER/W LINENE 3RD STREETNE 3RD STREETSR 804 / E BOYNTON BEACH BLVD.RAILROAD AVENE 4TH STREETFEC RAILROAD CROSSING NO. 272480-NFEC RAILROAD CROSSING NO. 272480-NR/W LINE R/W LINE 10 40 Feet 0 N MEINEKE CAR CARE CENTER PRESSURE WASHING PAINT SPRAYERS BOYNTON BEACH LAUNDRY BUD'S CHICKEN AND SEAFOOD MONSTER FURNITURE & MATRESS VAPOR ROCKET VAPORIZER STORE TROPICAL ISLAND RESTAURANT SECRET GARDEN CAFE LE PETIT PAIN BAKERY BRUNO'S AUTO BODY & PAINT BUSINESS PLAZA 1" 1" 1" 1" 1" DATE DESCRIPTION REVISIONS DATE DESCRIPTION NO. SHEETSTATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ROAD NO.FINANCIAL PROJECT IDCOUNTY 447573-1-52-01 PALM BEACH SR 804 8/25/2025\\sfo-main\Data\Projects\FDOT\44757315201\Landscape\IRRPLD01.dgn5:25:08 PMnperez33325 FL, SUNRISE 13680 NW 5TH STREET, SUITE 200 MILLER, LEGG & ASSOCIATES, INC. LA-6666770LICENSE NUMBER: BRIAN R SHORE, R.L.A.THE OFFICIAL RECORD OF THIS SHEET IS THE ELECTRONIC FILE DIGITALLY SIGNED AND SEALED UNDER RULE 61G10-11.011, F.A.C.LANDSCAPE ARCHITECT IRRIGATION PLAN (6) LD-24Page 30 of 50 153 TH TH TH TH TH TH VVH56 VVH27 VVH28 VVH30 VVH29 VVH34 VVH35 TEL WATER WATER WATER SD SAN WATER MH MH SD WATER SAN WATER WATER WATER BACK FLOWBACK FLOW WATER WATER 211121122113488 489 490 491490490 R/W LINE R/W LINER/W LINER/W LINER/W LINESR 804 / E BOYNTON BEACH BLVD.US 1 / SR 5 / FEDERAL HWY.US 1 / SR 5 / FEDERAL HWY.R/W LINE E BOYNTON BEACH BLVD. 40 10 40 Feet 0 N CVS PHARMACY ACE HARDWARE CHEVRON GAS STATION MILLER LAND PLANNING, INC. STA. 490+62.21 END PROJECT END CONSTRUCTION EASEMENT UTILITY CITY M6 BF6 R F 1" C6 1" 1" 1" 5.46-1 1" 1" 1" IRRIGATION PLAN (7) LD-25 DATE DESCRIPTION REVISIONS DATE DESCRIPTION NO. SHEETSTATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ROAD NO.FINANCIAL PROJECT IDCOUNTY 447573-1-52-01 PALM BEACH SR 804 8/25/2025V:\Projects\FDOT\44757315201\Landscape\IRRPLD01.dgn5:25:09 PMnperez33325 FL, SUNRISE 13680 NW 5TH STREET, SUITE 200 MILLER, LEGG & ASSOCIATES, INC. LA-6666770LICENSE NUMBER: BRIAN R SHORE, R.L.A.THE OFFICIAL RECORD OF THIS SHEET IS THE ELECTRONIC FILE DIGITALLY SIGNED AND SEALED UNDER RULE 61G10-11.011, F.A.C.LANDSCAPE ARCHITECT Page 31 of 50 154 IRRIGATION SCHEMATIC MEDIAN CURB ROADWAY PAVEMENT IRRIGATION SCHEMATIC EXISTING TAP: CITY WATER EX. SERVICE LINE EXISTING METER BOX CITY TO PROVIDECONTRACTOR TO PROVIDE RAIN SENSOR LATERAL LINE H.D.P.E IRRIGATION DIRECTIONAL BORED BACKFLOW PREVENTER CAGE N.T.S. N.T.S. THREADED COUPLING RPZ, SEE DETAIL EXISTING CONCRETE METER BOX EX. SERVICE LINE (H.D.P.E.) EX. BASE IRRIGATION CONTROL VALVE, SEE IRRIGATION DETAILS (SEE PLANS FOR LOCATION) EX. WATER METER CITY CONTROLLER AND GATE VALVE CITY TO PROVIDECONTRACTOR TO PROVIDE SEE RPZ DETAIL BACKFLOW PREVENTER CAGE, GALVANIZED PIPE RAIN SENSOR CITY TO ASSESS IF REPLACEMENT IS NECESSARY EASTBOUND BOYNTON BEACH BLVD. IRRIGATION CONTROL VALVE WITH (SEE PLANS FOR LOCATION) CONTROLLER AND GATE VALVE UNKNOWN LOCATIONLATERAL LINE H.D.P.E IRRIGATION DIRECTIONAL BORED RIGHT OF WAYPYSICAL LOCATION WITHIN MEDIAN NOTE: LOCATION SHOWN DOES NOT REPRESENT TO OTHER TREE PIT INLINE GATE VALVE INLINE GATE VALVE SIDEWALK DRIPLINE RING AROUND TREE DRIPLINE RING AROUND TREE CITY CONNECTION WITH COORDINATE TO OTHER TREE PIT INLINE GATE VALVE DRIPLINE RING AROUND TREE CONTROLLER BATTERY CHECK BASKET FILTER PRESSURE REGULATING QUICK FILTER QUICK CHECK BASKET PRESSURE REGULATING FILTER BASKET QUICK CHECK REGULATING PRESSURE STA. 455+80 MEDIAN, 466+00 RIGHT, 466+20 LEFT, 477+70 RIGHT & 479+30 LEFT STA: 488+30 LEFT TO MEDIAN DATE DESCRIPTION REVISIONS DATE DESCRIPTION NO. SHEETSTATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ROAD NO.FINANCIAL PROJECT IDCOUNTY 447573-1-52-01 PALM BEACH SR 804 8/25/2025V:\Projects\FDOT\44757315201\Landscape\DETLLD03.dgn5:25:17 PMnperez33325 FL, SUNRISE 13680 NW 5TH STREET, SUITE 200 MILLER, LEGG & ASSOCIATES, INC. LA-6666770LICENSE NUMBER: BRIAN R SHORE, R.L.A.THE OFFICIAL RECORD OF THIS SHEET IS THE ELECTRONIC FILE DIGITALLY SIGNED AND SEALED UNDER RULE 61G10-11.011, F.A.C.LANDSCAPE ARCHITECT IRRIGATION DETAILS LD-26 2 1 Page 32 of 50 155 DATE DESCRIPTION REVISIONS DATE DESCRIPTION NO. SHEETSTATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ROAD NO.FINANCIAL PROJECT IDCOUNTY 447573-1-52-01 PALM BEACH SR 804 8/25/2025V:\Projects\FDOT\44757315201\Landscape\DETLLD03.dgn5:25:17 PMnperez33325 FL, SUNRISE 13680 NW 5TH STREET, SUITE 200 MILLER, LEGG & ASSOCIATES, INC. LA-6666770LICENSE NUMBER: BRIAN R SHORE, R.L.A.THE OFFICIAL RECORD OF THIS SHEET IS THE ELECTRONIC FILE DIGITALLY SIGNED AND SEALED UNDER RULE 61G10-11.011, F.A.C.LANDSCAPE ARCHITECT IRRIGATION DETAILS LD-27 NTS LATERAL LINE GUIDE 2 NTS LATERAL LINE GUIDE 1 TREE PIT IRRIGATION DRIP RING HDPE IRRIGATION LATERAL LINE DRAINAGE STRUCTURE BACK OF SIDEWALK DEFLECT LATERAL LINE TO AVOID STRUCTURES TREE GRATE FRONT OF CURB TREE PIT TREE GRATE DEFLECT LATERAL LINE AT INTERSECTION TO AVOID STRUCTURES FRONT OF CURB IRRIGATION DRIP RING BACK OF SIDEWALK Location Chart Directional Bore Structure Avoidance Begin Station End Station Side 457+04.27 458+43.75 LT 458+21.82 460+10.20 RT 458+65.29 459+40.62 LT 460+11.89 462+00.50 RT 460+22.58 461+68.26 LT 464+86.72 466+55.08 LT 465+02.25 466+83.94 RT 469+08.13 469+92.86 RT 470+54.51 472+10.41 RT 472+90.41 474+17.34 LT 472+92.02 473+66.55 RT 476+87.81 478+90.16 LT 477+12.71 479+23.86 RT 482+01.20 485+33.15 LT 483+56.11 485+11.45 RT DRAINAGE STRUCTURE Page 33 of 50 156 CHANGE OF DIRECTION. TEES OR ELBOWS, USE TIE-DOWN STAKES ON EACH LEG OF THE 3. AT FITTINGS WHERE THERE IS A CHANGE OF DIRECTION SUCH AS IN LOAM, AND FIVE FEET IN CLAY. 2. PLACE TIE DOWN STAKES EVERY THREE FEET IN SAND, F0UR FEET SPACING. SPECIFICATIONS ON MANUFACTURER WEB SITE FOR SUGGESTED BASED ON SOIL TYPE, AND TREE CANOPY. SEE INSTALLATION 1. DISTANCE BETWEEN LATERAL RINGS AND EMITTER SPACING TO BE NOTES: MANIFOLD PIPE " POLYETHYLENE TUBING2 1 BARB CROSS INSERT FITTING BARB TEE INSERT FITTING TEE OR ELL. " POLYETHYLENE TUBING:BLANK TUBING.2 1 IRRIGATION SCHEDULE FOR MANUFACTURER ON SURFACE DRIPLINE: REFER TO ON SURFACE DRIPLINE: PLACE AS SHOWN. ROOT BALL REQUIRED). TIE DOWN STAKES WITH BEND (QUANTITY AS BARB TEE INSERT FITTING " POLYETHYLENE TUBING2 1 " POLYETHYLENE TUBING2 1 PROJECTED CANOPY OF TREE. PIPE PVC MAINLINE FINISH GRADE 30" LINEAR LENGTH OF WIRE COILED. WATERPROOF CONNECTION ID TAG SUPPORT BRICK PVC LATERAL PIPE " WASHED GRAVEL4 33" MIN. OF VALVE BOX WITH COVER IRRIGATION SCHEDULE FOR MANUFACTURER REMOTE CONTROL VALVE: REFER TO PVC SCH.40 MALE ADAPTER. PVC SCH. 40 TEE OR ELL PVC SCH.80 NIPPLE (LENGTH AS NEEDED) PVC SCH.40 ELL HIDDEN) AND PVC SCH.40 ELL PVC SCH.80 NIPPLE (2" LENGTH, PVC SCH.80 NIPPLE (LENGTH AS NEEDED) IRRIGATION VALVE BOX) (CONTROLLER TO BE INSTALLED INSIDE SCHEDULE FOR MANUFACTURER CONTROLLER: REFER TO IRRGATION VALVES. WIRE TO REMOTE CONTROL Flow 6- SEE DETAIL FOR BACKFLOW CAGE INSTALLATION. OWNER'S REPRESENTATIVE. LOCATED IN PLANTING AREA UNLESS APPROVED BY 5- BACKFLOW PREVENTION DEVICE SHALL BE METER. LOCATED AS CLOSE AS POSSIBLE TO THE WATER 4- BACKFLOW PREVENTION DEVICE SHALL BE CONNECTION FROM GALVANIZE TO THE MAINLINE. 3- SCH. 80 PVC MALE ADAPTER SHALL BE USED IN EDGE OF THE CONCRETE FOOTING. 2- GALVANIZED NIPPLE SHALL EXTEND 12" PAST THE PER LOCAL CODES AND REQUIREMENTS. FITTINGS, ETC.) SHALL BE GALVANIZED OR BRASS 1- ALL ASSEMBLY PARTS (THREADED NIPPLES, NOTE: GALVANIZED NIPPLE STANDARDS AND SPECIFICATIONS. INSTALL THE DEVICE PER LOCAL IRRIGATION PLANS FOR MAKE AND MODEL). BACKFLOW PREVENTION DEVICE. (SEE BRASS BALL VALVE THREADED GALVANIZED NIPPLE GALVANIZED UNION FINISHED GRADE. 4" THICK CONCRETE PAD, 1" ABOVE BACKFLOW DEVEICES 2.5" AND LARGER. CONCRETE THRUST BLOCKS REQUIRED ON GALVANIZED COUPLING PVC SCH.80 MALE ADAPTER. GALVANIZED PIPE. WRAP 20 MIL TAPE TWICE AROUND ALL FINISH GRADE. 4 5 3 2 PROPER SPACING REFER TO DRIPLINE DESIGN GUIDE FOR XF SERIES TIE-DOWN STAKES (TDS-050) OPERATION INDICATOR PVC SCH 40 BALL VALVE PVC SCH 40 CAP CLAMP STAINLESS STEEL, OETIKER OR MURRAY MALE ADAPTER INSERT PVC SCH 40 RISER PIPE PVC SCH 40 ELL (TYPICAL) DEMAND) VALVE KIT (SIZED TO MEET LATERAL FLOW PVC DRIP MANIFOLD FROM CONTROL ZONE QF-SUPPLY HEADER XFCV SERIES DRIPLINE (TYPICAL) INSTALLED 2"-4" FROM PERIMETER OF AREA PERIMETER DRIPLINE PIPE TO BE PERIMETER OF AREA PVC BALL VALVE FLUSH POINT WITH PVC CAP OR OPTIONAL PRE-INSTALLED BARB FITTING QF-FLUSH HEADER 12 6 7 13 4 6 8 9 5 TABLE. SPACING SHOWN IN THE ACCOMPANYING SHOULD NOT EXCEED THE MAXIMUM 2. LENGTH OF LONGEST DRIPLINE LATERAL WEBSITE FOR SUGGESTED SPACING. SPECIFICATIONS ON MANUFACTURE ELEVATION. SEE INSTALLATION TYPE, PLANT MATERIALS AND CHANGES IN EMITTER SPACING TO BE BASED ON SOIL 1. DISTANCE BETWEEN LATERAL ROWS AND NOTES: 2"-4" 87 8827 9 10 INSET A INSET A 10 3 INSET B 13 11 12 13 11 INSET B INSET C INSET C 14 OP 15 14 MULCH 2-3" 15 12 12 11 12 11 2 1 6 1 6 16 16 DRIP MANIFOLD BURIAL DEPTH INSTALLATION EQUIPMENT LAYOUT. NOTE: CONTRACTOR TO PROVIDE CAGE FINISH GRADE SUBTERRANEAN EMITTER BOX BASKET FILTER IRRIGATION QUICK CHECK BRICK (1 OF 2) " WASHED GRAVEL.4 33" MIN. DEPTH OF PVC LATERAL PIPE. LOCK STATIONS. BE SUFFICIENT FOR UP TO FOUR (4) NOTE: BATTERY OPERATED CONTROLLER TO RAIN SENSOR - ONE PER CONTROLLER INLINE GATE VALVE BATTERY CONTROLLER - ONE PER GROUP DATE DESCRIPTION REVISIONS DATE DESCRIPTION NO. SHEETSTATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ROAD NO.FINANCIAL PROJECT IDCOUNTY 447573-1-52-01 PALM BEACH SR 804 8/25/2025V:\Projects\FDOT\44757315201\Landscape\DETLLD03.dgn5:25:17 PMnperez33325 FL, SUNRISE 13680 NW 5TH STREET, SUITE 200 MILLER, LEGG & ASSOCIATES, INC. LA-6666770LICENSE NUMBER: BRIAN R SHORE, R.L.A.THE OFFICIAL RECORD OF THIS SHEET IS THE ELECTRONIC FILE DIGITALLY SIGNED AND SEALED UNDER RULE 61G10-11.011, F.A.C.LANDSCAPE ARCHITECT IRRIGATION DETAILS LD-28 NTS 1 DRIPLINE AROUND TREE NTS 2 IRRIGATION VALVE NTS 5 IRRIGATION QUICK CHECK BASKET FILTER NTS 6 BACKFLOW PREVENTION DEVICE NTS 3 END FEED DRIPLINE LAYOUT irrigation installation east of the railroad. ity responsible for water source, controller, and valves to be coordinated and operational prior to commencement of C2. ontractor to coordinate and confirm any road crossings. C1. NTS BATTERY OPERATED CONTROLLER 4 Page 34 of 50 157 Valve Number Valve Size Valve Flow Valve Callout ## #" BF6 C6 R F SYMBOL MANUFACTURER/MODEL/DESCRIPTION QTY City Valve and Controller 1 provided back flow from city City Backflow 1"1 9V., DC Latching Solenoid. 1 Zone, 9V battery-operated controller. 1 extension wire. Rain Sensing Device, conduit mount. With threaded adapter, 1 stainless steel screen= White Red 120 mesh stainless steel screen= Green 200 mesh 1in. Pressure Regulating w/ 100 mesh stainless steel screen= Filter 1 Irrigation Mainline: PVC Schedule 40 17.9 lf IRRIGATION SCHEDULE BY CITY 1.47 in/h15.511.95.4Drip Ring1"City Valve and Controller6-1 1.47 in/h18.814.26.3Drip Ring1"Valve5-1 1.47 in/h21.116.310.2Drip Ring1"Valve4-1 1.47 in/h22.317.410.8Drip Ring1"Valve3-1 1.47 in/h20.716.09.6Drip Ring1"Valve2-1 0.96 in/h30.925.611.8Area for Dripline1"Valve1-1 PRECIPPSI @ POCPSIGPMTYPESIZEMODELNUMBER A BF# C# R F SYMBOL MANUFACTURER/MODEL/DESCRIPTION QTY above grade installation. Pipe transition point from PVC lateral to drip tubing with riser to Pipe Transition Point above grade 2 blockage. allow air to escape the pipeline, thus preventing water hammer or 6in. drip valve box. Use with installation below soil. The valve will 1/2in. Air Relief Valve, made of quality rust-proof materials, with a 2 Drip Ring 36"Dia 8"Emitter spacing 141 elevation change. 12" apart, with emitters offset for triangular pattern. Great for Valve. 0.6 GPH emitters at 12" O.C. Dripline laterals spaced at On-Surface Landscape Dripline with a Heavy-Duty 3.5 psi Check Area to Receive Dripline 1,180 lf SYMBOL MANUFACTURER/MODEL/DESCRIPTION QTY Low Flow Operating Capability, Globe Configuration. 1in., 1-1/2in., 2in., 3in. Plastic Industrial Remote Control Valve. 5 the downstream piping. 12in. above highest downstream outlet and the highest point in 1" Pressure Vacuum Breaker, brass with ball valve SOV. Install 5 1 Zone, 9V battery-operated controller. 9V. DC Latching Solenoid. 5 extension wire. Rain Sensing Device, conduit mount. With threaded adapter, 5 stainless steel screen= White Red 120 mesh stainless steel screen= Green 200 mesh 1in. Pressure Regulating w/ 100 mesh stainless steel screen= 5 HDPE PE4710 DR11 Irrigation Lateral Line: NOMINAL 1" MINIMUM - 6,384 lf Irrigation Mainline: PVC Schedule 40 82 lf Pipe Sleeve: HDPE PE4710 DR 21 42.0 lf IRRIGATION SCHEDULE DATE DESCRIPTION REVISIONS DATE DESCRIPTION NO. SHEETSTATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ROAD NO.FINANCIAL PROJECT IDCOUNTY 447573-1-52-01 PALM BEACH SR 804 8/25/2025V:\Projects\FDOT\44757315201\Landscape\DETLLD03.dgn5:25:24 PMnperez33325 FL, SUNRISE 13680 NW 5TH STREET, SUITE 200 MILLER, LEGG & ASSOCIATES, INC. LA-6666770LICENSE NUMBER: BRIAN R SHORE, R.L.A.THE OFFICIAL RECORD OF THIS SHEET IS THE ELECTRONIC FILE DIGITALLY SIGNED AND SEALED UNDER RULE 61G10-11.011, F.A.C.LANDSCAPE ARCHITECT IRRIGATION DETAILS LD-29Page 35 of 50 158 TEMPORARY TRAFFIC CONTROL PLANS. (II) DURING ACTIVE WORK PERIODS FOR SR 804 EASTBOUND AND WESTBOUND INSTALL PCMS (2) AS IDENTIFIED ON (I) TWO (2) WEEKS PRIOR TO CONSTRUCTION, INSTALL PCMS AS IDENTIFIED ON TEMPORARY TRAFFIC CONTROL PLANS, (PCMS 1). DIRECTED BY THE ENGINEER UNDER THE FOLLOWING CONDITIONS: A PORTABLE CHANGEABLE MESSAGE SIGN (PCMS) SHALL BE USED AS INDICATED IN THE TRAFFIC CONTROL PLANS OR AS 4. IMPACTS PRIOR TO APPROVAL OF CONTRACTOR’S TTCP. ALLOW TIME FOR THE CITY OF BOYNTON BEACH COMMUNITY, REDEVELOPMENT AGENCY (CRA) TO REVIEW AND IDENTIFY POTENTIAL ADJACENT TO THE PROJECT THAT REQUIRES COORDINATION. CITY OF BOYNTON BEACH COMMUNITY, REDEVELOPMENT AGENCY (CRA), HAS MULTIPLE PROJECTS ALONG THE CORRIDOR AND 3. REGULATORY SPEED WITHIN WORK ZONE TRAVEL WAYS SHALL BE 35 M.P.H.2. NO DAYTIME WORK FOR DIRECTIOANL BORE; ALLOWABLE WORK HOURS ARE DEFINED AS 7:30 PM TO 7:30 AM. DEFINED AS: 9:00 AM TO 4:00 PM. NO CONSTRUCTION DURING: 7:30 AM TO 9:00AM AND 4:00 PM TO 7:30 PM. LANE CLOSURES ARE ONLY ALLOWED DURING NON-PEAK HOURS, OR NON-EVENT DAYS AND WEEKENDS. NON-PEAK HOURS ARE 1. TEMPORARY TRAFFIC CONTROL PLAN GENERAL NOTES: A H E A D W O R K R O A D C L O S U R E S L A N E B E G I N S W O R K R O A D M M - D D - Y Y DATE DESCRIPTION REVISIONS DATE DESCRIPTION NO. SHEETSTATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ROAD NO.FINANCIAL PROJECT IDCOUNTY 447573-1-52-01 PALM BEACH SR 80433309 FL, FT. LAUDERDALE 500 WEST CYPRESS ROAD, SUITE 200 PARSONS TRANSPORTATION GROUP, INC. 80804LICENSE NUMBER: ENEIDA MARTINEZ, P.E. THE OFFICIAL RECORD OF THIS SHEET IS THE ELECTRONIC FILE DIGITALLY SIGNED AND SEALED UNDER RULE 61G15-23.004, F.A.C.ENGINEER OF RECORD ADVANCED WARNING AT SIDESTREETS BE PROVIDED WITH ADVANCE WARNING SIGNING AS INDICATED BELOW: EXISTING SIDESTREETS IN PROXIMITY OF THE MAINTENANCE OF TRAFFIC ZONE MUST (ALL PHASES) SIGN LAYOUT FOR SIDE STREETSAHEADWORKROADW20-1 200' PLAN GENERAL NOTES TEMPORARY TRAFFIC CONTROL LD-30NW 3RD STNW 2ND STNW 1ST STNE 1ST STNE 3RD STN. RAILROAD AVENE 3RD STSR-5 / US-1N SEACREAST BLVD.N SEACREAST BLVD.NW 1ST STNW 2ND STNW 3RD STNE 1ST STNE 3RD STNE 4TH STFEC RRNW 1ST AVE NE 1ST AVE NE 1ST AVE PED. CROSSING WB BOYNTON BEACH BLVD EB BOYNTON BEACH BLVD NW 4TH AVE POTENTIAL PEDESTRIAN DETOUR ROUTES MESSAGE 2MESSAGE 2 MESSAGE 1MESSAGE 1 PCMS (2) MESSAGE DURING CONSTRUCTIONPCMS (1) MESSAGE PRIOR TO BEGINING OF CONSTRUCTION SUGGESTED PCMS MESSAGE IS AS FOLLOWS:(CITY CRA PROJECT) PULTE COTTAGE DISTRICT (CITY CRA PROJECT) THE PIERCE Page 36 of 50 159 NTS SR 804 Boynton Beach Blvd. east of I-95 to US-1 TYPICAL SECTION 10' LANE 11' LANE 11' LANE 10' LANE SIDEWALK CONCRETE EXISTING SIDEWALK CONCRETE EXISTING TREE GRATE) (EXISTING AREA PLANTING EX. MEDIAN TREE GRATE) (EXISTING AREA PLANTING R/W LINE R/W LINE GROUND NATURAL TYPE F CURB GROUND NATURAL £ SURVEY SR 804 AREA PLANTING NTS SR 804 Boynton Beach Blvd. east of I-95 to US-1 TYPICAL SECTION 10' LANE 11' LANE 11' LANE 10' LANE SIDEWALK CONCRETE EXISTING SIDEWALK CONCRETE EXISTING TREE GRATE) (EXISTING AREA PLANTING EX. MEDIAN TREE GRATE) (EXISTING AREA PLANTING R/W LINE R/W LINE GROUND NATURAL TYPE F CURB GROUND NATURAL £ SURVEY SR 804 AREA PLANTING SAME WORK PERIOD IN ACCORDANCE WITH STANDARD PLAN 102-600. 5. ANY DROP-OFF CONDITIONS CREATED SHALL BE RESTORED WITHIN THE OPERATION FOR THE ENGINEER'S APPROVAL. 4. CONTRACTOR HAS THE OPTION OF PROVIDING A DIFFERENT WORK ZONE CONTROL WORK ZONE LAYOUT, LD-32. REFER TO SEQUENCE ORDER PER WARER SOUCE ON TEMPORARY TRAFFIC GRATE REPLACEMENT. / IRRIGATION COMPLETION / SOURCE CONNECTION / TESTING AND TREE ROUGH IN; SOIL EXCAVATION; BACKFILL; PLANT INSTALLATION / ANCHORING TREE GRATE REMOVAL AND STORAGE; IRRIGATION DIRECTIONAL BORE TO INCLUDES BUT NOT LIMITED TO THE FOLLOWING ACTIVITIES: WORK ZONE MOVING OPERATION TO BE PREFORMED PER WATER SOURCE, CORNER OF THE PROJECT. MOVE WESTBOUND FROM THE NORTHEAST CORNER TO THE NORTHWEST WORK ZONE WILL SHIFT UP TO NORTHEAST CORNER. WORK ZONE WILL IN AN EASTBOUND DIRECTION TO THE SOUTHEAST END OF THE PROJECT. 3. THIS WILL BE A MOVING WORK ZONE FROM THE SOUTHWEST CORNER 2. MAINTAIN PEDESTRIAN TRAFFIC IN ACCORDANCE TO INDEX 102-660. 102-600, 102-613, AND 102-661. DEVICES, PCMS. AS NECESSARY PER FDOT STANDARD PLANS INDICES SET UP TRAFFIC CONTROL DEVICES, TEMPORARY SIGNS, CHANNELIZING 1. PRIOR TO PHASE 1 CONSTRUCTION ACTIVITIES AND DURING OFF-PEAK, PHASE 1: SAME WORK PERIOD IN ACCORDANCE WITH STANDARD PLAN 102-600. 4. ANY DROP-OFF CONDITIONS CREATED SHALL BE RESTORED WITHIN THE TWO LANE CLOSURE. 3. ONLY ONE LANE TO BE CLOSED, UNLESS PROJECT ENGINEER APPROVES IF STILL NEEDED. 2. MAINTAIN PEDESTRIAN TRAFFIC IN ACCORDANCE TO INDEX 102-660 102-600, 102-613, AND 102-661. DEVICES, PCMS. AS NECESSARY PER FDOT STANDARD PLANS INDICES SET UP TRAFFIC CONTROL DEVICES, TEMPORARY SIGNS, CHANNELIZING 1. PRIOR TO PHASE 2 CONSTRUCTION ACTIVITIES AND DURING OFF-PEAK, PHASE 2: SHRUBS PROPOSED PALM PROPOSED PALM PROPOSED PALM PROPOSED PALM PROPOSED SHRUBS PROPOSED DATE DESCRIPTION REVISIONS DATE DESCRIPTION NO. SHEETSTATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ROAD NO.FINANCIAL PROJECT IDCOUNTY 447573-1-52-01PALM BEACHSR 804 8/25/2025C:\Worksets\FDOT\44407915201\Roadway\TYPSRD01.dgn5:25:25 PMnperezFT. LAUDERDALE, FL 33309 500 WEST CYPRESS ROAD, SUITE 200 PARSONS TRANSPORTATION GROUP, INC. LICENSE NUMBER: 80804 ENEIDA MARTINEZ, P.E. ENGINEER OF RECORD THE OFFICIAL RECORD OF THIS SHEET IS THE ELECTRONIC FILE DIGITALLY SIGNED AND SEALED UNDER RULE 61G15-23.004, F.A.C.EASTBOUND WESTBOUND EASTBOUND WESTBOUND CONTROL TYPICAL TEMPORARY TRAFFIC LD-31Page 37 of 50 160 4-1 EB 4-2 EB 5-1 WB 5-2 WB 5-1 WB 6-2 WB 4-3 EB 6-1 EB 5 SOURCE WATER SOURCE 6 WATER WATER SOURCE 4 WATER SOURCE 4 WORK ZONE WORK ZONE WATER SOURCE 6 WORK ZONE WATER SOURCE 6 WATER SOURCE 5 WORK ZONE POT STA.2109+00.002110POT STA.2115+00.00 N 01°23'00" WN 01°17'48" W475 480 485 490 BACK FLOWBACK FLOW U U BACK FLOW BACK FLOWBACK FLOW BACK FLOW U N SEACREST BLVDNE 1ST STNE 1ST STNE 3RD STNE 3RD ST AVEN RAILOAD NO. 272480-NFEC RAILOAD FEDERAL HWYUS 1/SR 5/STA. 490+62.21 END PROJECT SR 804 / E BOYNTON BEACH BLVD 2-1 EB 2-2 EB 2-3 EB 2-4 EB 3-3 WB 3-2 WB 3-1 WB WORKZONE 1 MEDIAN 1-1 MEDIAN SOURCE 1 WATER WATER SOURCE 2 WATER SOURCE 3 WATER SOURCE 3 WORK ZONE WATER SOURCE 2 WORK ZONE 455 460 465 470 U BACK FLOW U U BACK FLOW U BACK FLOW BACK FLOW BACK FLOWBACK FLOW U U BACK FLOW BACK FLOW SR 804 / E BOYNTON BEACH BLVD NW 4TH STNW 3RD STNW 2ND STNW 1ST STNW 1ST STNW 2ND STNW 3RD STN SEACREST BLVDN89°46'40"E NW 3RD AVE STA. 457+00.00 BEGIN PROJECT CONSTRUCTION BEGIN DATE DESCRIPTION REVISIONS DATE DESCRIPTION NO. SHEETSTATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ROAD NO.FINANCIAL PROJECT IDCOUNTY 447573-1-52-01 PALM BEACH SR 804 8/25/2025V:\Projects\FDOT\44757315201\Landscape\PLAYLD02.dgn5:25:27 PMnperez33309 FL, FT. LAUDERDALE 500 WEST CYPRESS ROAD, SUITE 200 PARSONS TRANSPORTATION GROUP, INC. 80804LICENSE NUMBER: ENEIDA MARTINEZ, P.E. THE OFFICIAL RECORD OF THIS SHEET IS THE ELECTRONIC FILE DIGITALLY SIGNED AND SEALED UNDER RULE 61G15-23.004, F.A.C.ENGINEER OF RECORD WORK ZONE LAYOUT TEMPORARY TRAFFIC CONTROL LD-32 200 Feet 0 50 N Page 38 of 50 161 DATE DESCRIPTION REVISIONS DATE DESCRIPTION NO. SHEETSTATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ROAD NO.FINANCIAL PROJECT IDCOUNTY 447573-1-52-01 PALM BEACH SR 804 8/25/2025V:\Projects\FDOT\44757315201\Landscape\DETLLD02.dgn5:25:27 PMnperez33309 FL, FT. LAUDERDALE 500 WEST CYPRESS ROAD, SUITE 200 PARSONS TRANSPORTATION GROUP, INC. 80804LICENSE NUMBER: ENEIDA MARTINEZ, P.E. THE OFFICIAL RECORD OF THIS SHEET IS THE ELECTRONIC FILE DIGITALLY SIGNED AND SEALED UNDER RULE 61G15-23.004, F.A.C.ENGINEER OF RECORD CONTROL DETAILS TEMPORARY TRAFFIC LD-33 NTS 2 MINIMUM LCD PROTECTION BACK OF SIDEWALK BACK OF SIDEWALK FRONT OF CURB FRONT OF CURB DRIVEWAY DRIVEWAY DRIVEWAY DRIVEWAYMIN. 4' (48")PEDESTRIAN PATH15' (180") TYP. WIDTHSIDEWALKSIDEWALK9' (108") TYP. WITH / TREE PITS TO PROVIDE CONTINUITY 20' (240") COMBINED WORKZONES PATHPEDESTRIAN /TREE PITS TO PROVIDE CONTINUITY 20' (240") COMBINED WORKZONES MIN. 4' (48")EB DIRECTION OF TRAVEL NTS 1 MINIMUM LCD PROTECTION WB DIRECTION OF TRAVEL Page 39 of 50 162 SECTION: 93200000 FM NO: 447573-1-52-01 COUNTY: Palm Beach STATE RD: 804 EXHIBIT C MAINTENANCE PLAN FOR LANDSCAPE IMPROVEMENTS This Exhibit forms an integral part of the DISTRICT (4) LANDSCAPE MAINTENANCE MEMORANDUM OF AGREEMENT between the State of Florida, Department of Transportation and the AGENCY. Please see attached Page 40 of 50 163 MAINTENANCE PLAN Landscape Improvements Project State Road No(s): SR-804/Boynton Beach Blvd. from East of SR-9/I-95 (M.P. 8.416) to SR-5/US-1 (MP. 9.125) FM Number: 447573-1-52-01, Section 93200000 RLA of Record: Brian R. Shore, RLA Maintaining Agency: City of Boynton Beach Date: July 16, 2025 ----------------------------------------------------------------------------------------------------------------------------------------- PART I. GENERAL MAINTENANCE REQUIREMENTS AND RECOMMENDATIONS: WATERING REQUIREMENTS Watering is a critical concern for not only the maintenance of healthy plant material but also for observing water conservation practices. The amount of water to apply at any one time varies with the weather, drainage conditions and water holding capacity of the soil. For plant materials that have been established, it is imperative that any mandated water restrictions be fully conformed to on FDOT roadways. Proper watering techniques should provide even and thorough water dispersal to wet the entire root zone, but not saturate the soil or over-spray onto travel lanes. IRRIGATION SYSTEM The Agency shall ensure there are no roadway overspray or irrigation activities during daytime hours (most notably “rush hour” traffic periods). It is imperative the irrigation controller is properly set to run early enough that the watering process will be entirely completed before high traffic periods, while adhering to mandated water restrictions. To ensure water conservation, the Agency shall monitor the system for water leaks and the rain sensors to ensure they are functioning properly so that the system shuts down when there is sufficient rainfall. MULCHING Mulch planting beds to prevent weed growth, retain moisture to the plants, protect against soil erosion and nutrient loss, maintain a more uniform soil temperature, and improve the appearance of the planting beds. Do not mound mulch against the trunks of trees, palms, and the base of shrubs to allow air movement which aids in lowering disease susceptibility. Cypress mulch is prohibited on state right of way. INTEGRATED PLANT MANAGEMENT An assessment of each planting area’s soil is recommended to periodically determine the nutrient levels needed to sustain healthy, vigorous plant growth. Palms, shrubs, trees, and turf areas shall be fertilized in such a manner and frequency to ensure that the plant material remains healthy and vigorously growing. Please be alert to changes in fertilization types per University of Florida, Institute of Food and Agricultural Services (I.F.A.S.) recommendations. Establishment of an integrated pest management program is encouraged to ensure healthy plants, which are free of disease and pests. PRUNING All pruning, and the associated safety criteria, shall be performed according to American National Standard Institute (ANSI) A300 standards and shall be supervised by an International Society of Arboriculture (ISA) Certified Arborist. Pruning shall be carried out with the health and natural growth of Page 41 of 50 164 plant materials in mind, to achieve the FDOT requirements for maintaining clear visibility for motorists, and provide vertical clearance for pedestrian, bicyclist, and truck traffic where applicable. Visibility windows must be maintained free of view obstructions, and all trees and palms must be maintained to prevent potential roadway and pedestrian hazards. All palms are to be kept fruit free. The understory plant materials selected for use within the restricted planting areas (Limits of Clear Sight) are to be mature height in compliance with the FDM Window Detail. Vertical clear zones for vegetation heights over roadways and sidewalks must meet the requirements of the FDOT Maintenance Rating Program (MRP) standards. See Reference pages. The R.L.A. of Record will provide the specific pruning heights for mature or maintained height and spread of all plant material to achieve the design intent shall be noted in Part II., Specific Project Site Maintenance Requirements and Recommendations. STAKING AND GUYING All staking materials are to be removed after one year or as directed by the RLA of Record.). Any subsequent staking and guying activities by the Agency must adhere to FDOT Standard Plans guidelines (See Index 580-001). The Agency shall closely monitor staking and guying attachment materials so that they are securely fastened to avoid potential roadway hazards. TURF MOWING All grassed areas are to be mowed and trimmed with sufficient frequency to maintain a deep, healthy root system while providing a neat and clean appearance to the urban landscape. All turf efforts, mowing, curb/sidewalk edging and turf condition, must at a minimum, meet FDOT Maintenance Rating Program (MRP). LITTER CONTROL The project site shall remain as litter free as practicable. It is recommended to recycle this litter to avoid unnecessary waste by its reuse. Litter removal efforts must meet FDOT Maintenance Rating Program (MRP) standards. WEEDING/HERBICIDE All planting areas shall be maintained as weed free as practicable by enlisting integrated pest management practices in areas specified on the plans and maintaining proper mulch levels. Extreme care is recommended when using a chemical herbicide to avoid overspray onto plant materials. It is the applicator’s responsibility to restore any damage resulting from overspray to the plantings, per the approved plans. PLANT REPLACEMENT Plant replacement shall be the same species and specification as the approved plan. Move and replace all plant materials that may conflict with utility relocations and service. Only plants graded Florida #1 or better, per the Florida Department of Agriculture and Consumer Services, Grades and Standards for Nursery Plants are permitted on FDOT roadways. Should it become necessary to change the species, a permit is required from FDOT for approval by the FDOT District Landscape Architect. TREE CELL STRUCTURES Underground tree cells shall be maintained in such a manner as to prolong the life of the structure and prevent potential safety hazards. If the structures fail or become damaged, they shall be replaced with the same type and specification as the approved plan. LANDSCAPE ACCENT LIGHTING Landscape accent lighting shall be maintained in such a manner as to prolong the life of the lighting fixture and prevent potential safety hazards. If the lighting fixtures and their system become damaged, Page 42 of 50 165 they shall be replaced with the same type and specification as the approved plan. Landscape lighting shall meet requirements for the sea turtle nesting and hatching. HARDSCAPE (SPECIALTY SURFACING) All tree grates and specialty surfacing (if applicable) shall be maintained in such a manner as to prevent any potential tripping hazards and protect damage to the surfacing and tree grates. Final surface tolerance from grade elevations shall, at a minimum, meet the most current FDOT Maintenance Rating Program Handbook for a sidewalk; ADA accessible sidewalk; and FDOT Design Standards for Design, Construction, Maintenance and Utility Operations on The State Highway System. If the specialty surfacing or tree grates become damaged, they shall be replaced with the same type and specification as the approved plan. HARDSCAPE (CONCRETE PAVERS) All concrete pavers (if applicable) shall be maintained in such a manner as to prevent any potential tripping hazards and protect damage to the pavers. Final surface tolerance from grade elevations shall, at a minimum, meet the most current Interlocking Concrete Pavement Institute (ICPI), Guide Specifications for Pavers on an Aggregate Base, Section 23 14 13 Interlocking Concrete Pavers, Part 3.05. If the concrete pavers become damaged, they shall be replaced with the same type and specification as the approved plan. It shall be the responsibility of the AGENCY to maintain all signs located within a non-standard surfacing area. Such maintenance to be provided by the AGENCY shall include repair and replacement of the sign panel, post, and base. HARDSCAPE (NON-STANDARD TRAVELWAY SURFACING) It shall be the responsibility of the AGENCY to restore an unacceptable ride condition of the roadway, including asphalt pavement (if applicable), caused, or contributed by the installation or failure of non- standard surfacing, and/or the header curb, on the Department of Transportation right of way within the limits of this Agreement. Pavement restoration areas or “patches” will have a minimum length of 10-ft, measured from the edge of the header curb, and a width to cover full lanes for each lane affected by the restoration. Pavement restoration will be performed in accordance with the most current edition of the FDOT Standard Specifications for Road and Bridge Construction, and the FDOT Design Standards for Design, Construction, Maintenance and Utility Operations on the State Highway System. SITE FURNISHINGS Site furnishing such as Trash Receptacles, Benches, Bollards and Bicycle Racks shall be maintained in such a manner as to prolong the life of the fixture and prevent potential safety hazards. If the fixtures and their overall function and mounting systems become damaged, they shall be replaced with the same type and specification as the approved plan. ARTIFICIAL OUTDOOR TURF/SYNTHETIC GRASS (IF APPLICABLE) Artificial turf/synthetic grass, shall be maintained free of debris accumulation both for reasons of safety as well as aesthetics. Stains or spills should be addressed as early as possible to prevent the stain from setting in. Pet waste should be removed or cleaned promptly to prevent stain, odor and other pet waste issues. Regular inspection for signs of wear, tears, or other damage, especially along seams, should be conducted and appropriate remedial action taken, such as replacing with same type and/or specification as what is called for in the approved plan. MAINTENANCE OF TRAFFIC CONTROL Reference the FDOT website regarding the selection of the proper traffic control requirements to be provided during routine maintenance and / or new installations of this DOT roadway. Page 43 of 50 166 VEGETATION MANAGEMENT AT OUTDOOR ADVERTISING (ODA) (IF APPLICABLE) To avoid conflicts with permitted outdoor advertising, please reference the State of Florida website regarding the vegetation management of outdoor advertising. This website provides a portal to search the FDOT Outdoor Advertising Inventory Management System Database. The database contains an inventory of outdoor advertising structures, permits and other related information maintained by the Department. Also, reference the Florida Highway Beautification Program website link for Vegetation Management at ODA signs Florida Statutes and Florida Administrative Code related to vegetation management at outdoor advertising sign, permit applications for vegetation management and determining mitigation value of roadside vegetation. PART II. SITE SPECIFIC PROJECT MAINTENANCE REQUIREMENTS AND RECOMMENDATIONS: 1. The improvements include palm planting, including irrigation at locations along the corridor within trees grates and medians. 2. Tree grate palms shall be periodically inspected on a regular basis to maintain health, vigor and pruning of fronds for safety conditions. Median plantings shall be inspected quarterly for safety and visibility, including health, vigor and pruning. Median areas shall maintain a minimum of two (2) inches of mulch to maintain weed control, moisture control and visual aesthetics. All areas address any issues identifying health concerns by monitoring watering volumes, pest control and fertilization. Weed control shall be monitored monthly to keep those areas free of weeds. 3. Evaluate plant material on a regular basis for pests, diseases, drought stress or general decline. If required, follow the integrated pest management program established by the Agency to ensure healthy plants. 4. To maintain the intended appearance of all plant material, apply the latest palm fertilizer or shrub fertilizers recommended by the University of Florida IFAS Extension per the manufacturer’s specifications. 5. Groundcover and shrub horizontal growth shall be maintained to prevent foliage from growing beyond the limits of the planting areas shown on the plan. Maintain shrubs per Florida Design Manual Section 212 and 215. Maintain foliage setback to back of curb and/or other hardscape improvements. Page 44 of 50 167 REFERENCES (April 2025) This reference list is provided as a courtesy and may not contain the most current websites. The most current references must be accessed for up-to-date information. Accessible Sidewalk (ADA) Accessible Sidewalks and Street Crossing https://www.fdot.gov/docs/default- source/roadway/ada/ADABrochure0610.pdf Sidewalks and Trails https://www.fdot.gov/roadway/ada/sidewalksandtrails.shtm ADA Standards for Accessible Design https://www.ada.gov/law-and-regs/design-standards/ American National Standard Institute, ANSI A300, (Part 1) for Tree Care Operations – Trees, Shrub, and Other Woody Plant Maintenance – Standard Practices (Pruning), available for purchase http://webstore.ansi.org / https://tcimag.tcia.org/training/introducing-the-newly-designed-ansi-a300-tree-care-standards/ Building Codes & Standards, Florida Department of Community Affairs (DCA), 2017 Florida Building Code, Chapter 11 Florida Accessibility Code for Building Construction Part A http://www.floridabuilding.org/fbc/workgroups/Accessibility_Code_Workgroup/Documentation/CHAPTER_11_w_fla_s pecifics.htm Florida Dept. of Agriculture and Consumer Services, Division of Plant Industry, Florida Grades and Standards for Nursery Plants 2022 https://sfyl.ifas.ufl.edu/media/sfylifasufledu/hillsborough/docs/pdf/environmentalhort/grades-and- standards-for-nursery-plants-2022.pdf FDOT Maintenance Specifications Workbook https://www.fdot.gov/programmanagement/maintenance Section 580 Landscape ttps://fdotwww.blob.core.windows.net/sitefinity/docs/default-source/specifications/by- year/2016/july-2016/workbook/sp5800000.pdf?sfvrsn=48b20d4f_0 FDOT Standard Plans for Design, Construction, Maintenance and Utility Operations on the State Highway System, Standard Plans - FY 2024-25 https://www.fdot.gov/design/standardplans/current Index Series 102-600 Traffic Control through Work Zones Index 580-001 Landscape Installation Index 591-001 Landscape Irrigation Sleeves FDOT Design Manual for Design, Construction, Maintenance and Utility Operations on the State Highway System, https://www.fdot.gov/roadway/fdm/default.shtm Chapter 212.11 Clear Sight Triangles Chapter 215.2.3 Clear Zone Criteria and 215.2.4 Lateral Offset, Table 215.2.1 Clear Zone Width, Table 215.2.2 Lateral Offset Criteria (for Trees) FDOT Landscape Architecture Website https://www.fdot.gov/roadway/landscape-architecture/landscape-architecture-programs FDOT Maintenance Rating Program Handbook https://www.fdot.gov/maintenance/maintratingprogram.shtm FDOT Outdoor Advertising Database https://www.fdot.gov/rightofway/OutdoorAdvertising.shtm/new-outdoor- advertising-site Florida Exotic Pest Plant Council Invasive Plant Lists https://www.floridainvasives.org/plant-list/2023-invasive-plant-species/ Florida Irrigation Society http://www.fisstate.org Florida Power and Light (FPL) - Right Tree, Right Place http://www.fpl.com/residential/trees/right_tree_right_place.shtml Page 45 of 50 168 SECTION: 93200000 FM NO: 447573-1-52-01 COUNTY: Palm Beach STATE RD: 804 EXHIBIT D LETTER OF INTENT Page 46 of 50 169 Page 47 of 50 170 06/18/2025 | 9:38 AM EDT 06/18/2025 | 9:38 AM EDT Page 48 of 50 171 Prepared By: Miller Legg 8/25/2025 101-1 Moblization 1 LS 10.0%$82,902.71 Subtotal $82,902.71 102-1 Maintenance of Traffic 1 LS/DA 8%$61,409.41 102-60 Work Zone Sign 600 ED $0.24 $144.00 102-74-1 Channelizing Device, Types I, II, DI, VP, DRUM, OR LCD 10000 ED $0.12 $1,200.00 102-76 Arrow Board/ Advance Warning Arrow Panel 200 ED $5.84 $1,168.00 102-99 Portable Changeable Message Sign, Temporary 242 ED $10.54 $2,550.68 102-115 Type III Barricade 1000 ED $0.28 $280.00 102-74-8 CHANNELIZING DEVICE- PEDESTRIAN LCD (LONGITUDINAL CHANNELIZING DEVICE)112800 FD $0.05 $5,640.00 Subtotal $72,392.09 LANDSCAPE COMPLETE- SMALL PLANTS 580-1-1 580-1-1 Small Plants Complete 1 LS $31,228.00 Subtotal $31,228.00 LANDSCAPE COMPLETE- LARGE PLANTS 580-1-2 580-1-2 Large Plants Complete 1 LS $349,200.00 Includes excavation and soil replacement Subtotal $349,200.00 IRRIGATION SYSTEMS 590-70 590-70 Irrigation System Complete 1 LS $376,206.98 Subtotal $376,206.98 Landscape / Irrigaiton Subtotal $756,634.98 Project Grand Total $911,929.78 LANDSCAPE COMPLETE- SMALL PLANTS 580-1-1 SYM QTY BOTANICAL NAME COMMON NAME SIZE/SPECS SPACING UNIT OF MEASURE UNIT PRICE TOTAL FM 1688 Ficus Microcarpa Dwarf Ficus 10"x10", 1 Gal 16" OC EA $18.50 $31,228.00 Total 1688 Subtotal Plant Material $31,228.00 Total Subtotal Small Plants 580-1-1 $31,228.00 LANDSCAPE COMPLETE- LARGE PLANTS 580-1-2 SYM QTY BOTANICAL NAME COMMON NAME SPECIFICATIONS SPACING / SIZE UNIT OF MEASURE UNIT PRICE TOTAL PE 141 Ptychosperma elegans Solitaire Palm 16' CT, FL. Fancy Per Plan EA $800.00 $112,800.00 Excavation 4'x4'x2'32 ($18.75)CF $600.00 $84,600.00 Soil Embankment (Planting Soil) 4'x4'x1'16 ($37.50)CF $600.00 $84,600.00 Establishment 2 years (24 Months)24 MONTH $2,800.00 $67,200.00 The above excavation, soil embankment and establishment are activites per 141 locations Total 141 Subtotal Plant Material $349,200.00 Total Subtotal Large Plants 580-1-2 $349,200.00 IRRIGATION 590-70 ITEM QTY UNIT OF MEASURE UNIT PRICE TOTAL Lateral Line 6,384 Directional Bore Polyethylene Lateral Pipe LF $50.00 $319,200.00 Pressure Regulator 5 EA $120.00 $600.00 Drip Ring 141 EA $170.00 $23,970.00 Drip Line 1180 LF $3.25 $3,835.00 Sleeve 42 Directional Bore Sleeve LF $50.00 $2,100.00 Mainline 82 PVC Schedule 40 LF $28.00 $2,296.00 Rain Sensor 5 EA $65.00 $325.00 Contoller 5 EA $800.00 $4,000.00 Valve 5 EA $600.00 $3,000.00 Basket Filter 5 EA $600.00 $3,000.00 Backflow Preventer 5 LF $1,500.00 $7,500.00 Miscellaneous work 1 Incidental and connection to existing services LS $6,380.98 $6,380.98 Total Subtotal Irrigation $376,206.98 Total Subtotal Irrigation 590-70 $376,206.98 Cost Estimate - Constructability FM# 447573-1-52-01 - SR-804/Boynton Beach Blvd. From East of SR-9/I-95 to SR-5/US-1 MOBILIZATION 101-1 MAINTENANCE OF TRAFFIC (VAROUS PAY ITEMS) Page 49 of 50 172 SECTION: 93200000 FM NO: 447573-1-52-01 COUNTY: Palm Beach STATE RD: 804 EXHIBIT F RESOLUTION This Exhibit forms an integral part of the DISTRICT 4 LANDSCAPE MAINTENANCE MEMORANDUM OF AGREEMENT between the State of Florida, Department of Transportation and the AGENCY. Please see attached Page 50 of 50 173 II 1 2 3 4 5 6 7 8 9 10 11 12 13 RESOLUTION NO. R05- I b5 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING EXECUTION OF A MAINTENANCE MEMORANDUM OF AGREEMENT FOR THE MEDIAN IMPROVEMENTS TO BE COMPLETED WITH THE BOYNTON BEACH BOULEVARD RESURFACING PROJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Florida Department of Transportation (FDOT) has been developing roadway plans for the resurfacing of Boynton Beach Boulevard from Old Boynton Road to Federal Highway; and WHEREAS, the project will include median improvements and landscaping, 14 15 16 17 modification of some intersections,traffic signal modifications and street light 18 improvements; and 19 WHEREAS, staff has been coordinating with FDOT consultant engineers on several 20 Issues and now recommends that that City Commission approve the Memorandum of 21 Agreement, a copy of which is attached hereto as Exhibit "A". 22 NO\V, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 23 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 24 Section 1.The foregoing "Whereas" clauses are hereby ratified and confirmed as 25.being true and correct and are hereby made a specific part of this Resolution upon adoption 26 hereof. 27 28 ! Section 2.The City Commission of the City of Boynton Beach, Florida does hereby authorize and direct the Mayor and City Clerk to execute the FDOT Maintenance 29 Memorandum of Agreement between the City of Boynton Beach and the Florida Department 30 of Transport for the median improvements to be completed with the Boynton Beach 31 Boulevard resurfacing project. a copy of which is attached hereto as Exhibit "A". and 32 incorporated herein by reference. S:\CA\RESO\Agreements\FDOT - Maintenance Agmt (BBB resurface).doc 174 II 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2 26 27 Section 3.That this Resolution shall take effect immediately upon passage. PASSED AND ADOPTED this ~ day of October, 2005. ATTEST: Yn.~ CITY OF BOYNTON BEACH, FLORIDA 7:-0' -61..--"' o_ o L 0- ,"',. o~ _ __ A: S~l~er '-==,-'- t,~ Commissioner S:\CA\RESO\Agreements\FDOT - Maintenance Agmt (BBB resurface).doc 175 RC5 -liaS SECTION NO.: FM NO.(s): COUNTY: S.R. NO.: 93200 403605-1-52-01 Palm Beach 804 DISTRICT FOUR (4) MAINTENANCE MEMORANDUM OF AGREEMENT THIS AGREEMENT, made and entered into this ~,Y-i~yof ~~~Jt-.L2~Y and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, a component agency of the State of Florida, hereinafter called the DEPARTMENT and the City of City of Boynton Beach, a Florida Municipal Corporation, hereinafter called City. WIT N E SSE T H: WHEREAS, the DEPARTMENT has jurisdiction over State Road 804 as part ofthe State Highway System; and WHEREAS, as part ofthe continual updating ofthe State of Florida Highway System, the DEPARTMENT, for the purpose of safety, protection of the investment and other reasons, has constructed and does maintain the highway facility as described in Exhibit A attached hereto and incorporated by reference herein, within the corporate limits (or unincorporated if County) of the AGENCY; and WHEREAS, the AGENCY is of the opinion that said highway facilities that contain landscape medians and areas outside the travel way to the right of way line, excluding standard concrete sidewalk, shall be maintained by periodic trimming, cutting, weeding, mowing, fertilizing, litter pick-up, necessary replanting, irrigation repairs, and median concrete replacements as needed; and WHEREAS, the parties hereto mutually recognize the need for entering into an Agreement designating and setting forth the responsibilities of each party; and WHEREAS, the AGENCY by Resolution NoR.os-'~dated (9rl-.S , 2~, attached hereto and by this reference made a part hereof, desires to enter into this Agreement and authorizes its officers to do so; NOW THEREFORE, for and in consideration of the mutual benefits to flow each to the other, the parties covenant and agree as follows: 1. The DEPARTMENT hereby agrees to install or cause to be installed landscape, irrigation and/or hardscape on the highway facilities as specified in plans and specifications hereinafter referred to as the Project and incorporated herein as Exhibit B. Hardscape shall mean any non-standard roadway, sidewalk or median surface such as, but not limited to interlocking concrete or brick pavers, stamped asphalt and stamped concrete, Document in Edit MOA Agreement instance. . _ 176 2. The AGENCY agrees to maintain the landscape within the medians and areas outside the travel way to the right of way line by periodic trimming, cutting, mowing, fertilizing, curb and sidewalk edging, litter pickup and necessary replanting, following the DEPARTMENT'S landscape safety and plant care guidelines. The AGENCY'S responsibility for maintenance shall include all landscaped/turfed areas and areas covered with interlocking pavers or similar type surfacing (hardscape) within the median and areas within the travel way to the right of way line, including paver sidewalks, paver intersections and all paver header curbs, stamped asphalt and concrete areas. It shall be the responsibility of the AGENCY to restore an unacceptable ride condition of the roadway caused by the differential characteristics of the paver brick and/or the header curb on Department of Transportation right-of-way within the limits of the Project. Such maintenance to be provided by the AGENCY is specifically set out as follows: To maintain, which means the proper watering and fertilization of all plants and keeping them as free as practicable from disease and harmful insects; to properly mulch the plant beds; to keep the premises free of weeds; to mow and/or cut the grass to a proper length; to properly prune all plants which includes: (1) removing dead or diseased parts of plants, or (2) pruning such parts thereof which present a visual hazard for those using the roadway. To maintain also means removing or replacing dead or diseased plants in their entirety, or removing or replacing those that fall below original Project standards. All plants removed for whatever reason shall be replaced by plants of the same size and grade as specified in the original plans and specifications. To maintain also means to keep the hardscape areas free from weeds and replacement of any areas becoming in disrepair so as to cause a safety hazard. To maintain also means to keep litter removed from the median and areas outside the travel way to the right of way line. Plants shall be those items which would be scientifically classified as plants and include but are not limited to trees, grass, or shrubs. If it becomes necessary to provide utilities to the median or side areas (water/electricity) for these improvements, all costs associated with irrigation maintenance, impact fees and connections as well as on-going cost of water are the maintaining AGENCY'S responsibility. The above named functions to be performed by the AGENCY, may be subject to periodic inspections by the DEPARTMENT at the discretion of the DEPARTMENT. Such inspection findings will be shared with the AGENCY and shall be the basis of all decisions regarding, repayment, reworking or agreement termination. The AGENCY shall not change or deviate from said plans without written approval of the DEPARTMENT. 3. If at any time after the AGENCY has assumed the landscape installation and/or maintenance responsibility above-mentioned, it shall come to the attention of the DEPARTMENT'S District Secretary that the limits or a part thereof is not properly maintained pursuant to the terms ofthis Agreement, said District Secretary may at his option issue a written notice that a deficiency or deficiencies exist(s), by sending a certified letter to the AGENCY, to place said Document in Edit MOA Agreement instance. . . 2 177 AGENCY on notice thereof. Thereafter the AGENCY shall have a period of thirty (30) calendar days within which to correct the cited deficiencies. If said deficiencies are not corrected within this time period, the DEPARTMENT may at its option, proceed as follows: a) Maintain the landscape or a part thereof, with DEPARTMENT or contractor's personnel and invoice the AGENCY for expenses incurred, or b) Terminate the Agreement in accordance with Paragraph 7 of this Agreement and remove, by DEPARTMENT or contractor's personnel, all of the landscape/hardscape installed under this Agreement or any preceding agreements except as to trees and palms and charge the AGENCY the reasonable cost of such removal. 4. It is understood between the parties hereto that the landscape covered by this Agreement may be removed, relocated or adjusted at any time in the future as determined to be necessary by the DEPARTMENT in order that the adjacent state road be widened, altered or otherwise changed to meet with future criteria or planning of the DEPARTMENT. The AGENCY shall be given sixty (60) calendar days notice to remove said landscape after which time the DEPARTMENT may remove same. All permits (including tree permits), fees, and any mitigation associated with the removal, relocation or adjustments of these improvements are the maintaining AGENCY'S responsibility. 5. The DEPARTMENT agrees to enter into a contract for the installation oflandscape Project for an amount not to exceed $ $ 18.600.00 as defined in Exhibit C. The DEPARTMENT'S participation in the Project cost, as described in Exhibit C is limited to only those items which are directly related to this Project. The AGENCY shall be invited to assist the DEPARTMENT in final inspection at the end of the contractor's 365 day warranty and establishment period. 6, The AGENCY agrees to reimburse the DEPARTMENT all monies expended for the Project, should the landscape/hardscape areas fail to be maintained in accordance with the terms and conditions of this Agreement. 7. This Agreement maybe terminated under anyone (1) of the following conditions: a) By the DEPARTMENT, if the AGENCY fails to perform its duties under Paragraph 3, following ten (10) days written notice. b) By the DEPARTMENT, for refusal by the AGENCY to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the AGENCY in conjunction with this Agreement. Document in Edit MOA Agreement instance. . . 3 178 8. The term of this Agreement commences upon execution. 9. To the extent permitted by law, the AGENCY shall indemnify and hold harmless the DEPARTMENT, its officers and employees from all suits, actions, claims and liability arising out of the AGENCY'S negligent performance of the work under this agreement, or due to the failure of the AGENCY to maintain the Project in conformance with the standards described in Section 2 of this Agreement 10. The AGENCY may construct additionallandscape/hardscape within the limits ofthe rights- of-ways identified as a result of this document, subject to the following conditions: a) Plans for any new landscape/hardscape shall be subject to approval by the DEPARTMENT. The AGENCY shall not change or deviate from said plans without written approval by the DEPARTMENT. b) All landscape shall be developed and implemented in accordance with appropriate state safety and road design standards; c) The AGENCY agrees to comply with the requirements of this Agreement with regard to any additional landscape installed; d) No change will be made in the payment terms established under item number five (5) of this Agreement due to any increase in cost to the DEPARTMENT resulting from the installation of landscape added under this paragraph. 11. This writing embodies the entire Agreement and understanding between the parties hereto and there are no other agreements and understanding, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. 12. The DEPARTMENT, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation ofthis subsection is null and void, and no money may be paid on such contract. The DEPARTMENT shall require a statement from the Comptroller of the DEPARTMENT that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one (1) year, but any contract so made shall be executory only for the value ofthe services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the DEPARTMENT which are for an amount in excess of TWENTY FNE THOUSAND DOLLARS ($25,000.00) and which have a term for a period of more than 1 year. 13. The DEPARTMENT'S District Secretary shall decide all questions, difficulties and disputes Document in Edit MOA Agreement instance. . . 4 179 of any nature whatsoever that may arise under or by reason of this Agreement, the prosecution or fulfillment of the service hereunder and the character, quality, amount and value thereof; and his decision upon all claims, questions and disputes shall be final and conclusive upon the parties hereto, 14. This Agreement may not be assigned or transferred by the AGENCY in whole or part without the consent of the DEPARTMENT. 15, This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. In the event of a conflict between any portion of the contract and Florida law, the laws of Florida shall prevail. 16. Any and all notices given or required under this agreement shall be in writing and either personally delivered with receipt acknowledgement or sent by certified mail, return receipt requested. All notices shall be sent to the following addresses: If to the Department: State of Florida Department of Transportation 3400 West Commercial Blvd. Ft. Lauderdale, FL 33309-3421 Attention: Elisabeth A. Hassett, R.L.A. FDOT District N Landscape Architect If to the Agency: City of Boynton Beach 100 E, Boynton Beach Blvd. Boynton Beach, FL 33425-0310 Attention: David Kelley City Engineer By ~~y~C Chai erson 8T A TE OF FLORI DA DEPARTMENT OF TRAN8P IN WITNESS WHEREOF, the parties hereto have executed this Agree "t($' day and year first above written. .~,~ AGENCY SEAL) Approval as to Form Date 0fOVlli ~ Y'- ~~ Date 1// ~ ~ I.;>-~c)s- DG:J\L Document in Edit MOA Agreement instance. . . 5 180 SECTION NO.: FM NO.(s): COUNTY: S.R.NO.: 93200-000 403605-1-52-01 Palm Beach 804 EXHIBIT A PROJECT LOCATION: State Road 804 from Old Boynton Road/NW 8th Street (M.P.7.786) to S.R. 5/US-1(M.P.9.115), Document in Edit MOA Agreement instance. . . 6 181 SECTION NO.: FM NO.(s): COUNTY: S.R. NO.: 93200-000 403605-1-52-01 Palm Beach 804 EXHIBIT B The DEPARTMENT agrees to install the Project with a contractor in accordance with the plans and specifications attached hereto and incorporated herein. Please see attached plans prepared by Dated Document in Edit MOA Agreement instance, . . 7 182 SECTION NO.: FM NO.(s): COUNTY: S.R. NO.: 93200-000 403605-1-52-01 Palm Beach ' 804 EXHIBIT C PROJECT COST This Exhibit forms an integral part of the DISTRICT FOUR (4) HIGHWAY MAINTENANCE MEMORANDUM OF AGREEMENT between the State of Florida, Department of Transportation and the AGENCY. Dated 1.APPROXIMATE PROJECT COST:18,600.00 Document in Edit MOA Agreement instance. . . 8 183 The City of Boynton Beach City Clerk's Office 100 E BOYNTON BEACH BLVD BOYNTON BEACH FL 33435 561) 742-6060 FAX: (561) 742-6090 e-mail: prainitoj@ci.boynton-beach.fl.us www.boynton-beach.org October 7, 2005 ELISABETH A HASSETT DISTRICT IV LANDSCAPE ARCHITECT FLORIDA DEPT OF TRANSPORTATION PLANNING & ENVIRONMENTAL MANAGEMENT 3400 WEST COMMERCIAL BOULEVARD FT LAUDERDALE FL 33309-3421 RE: RESOLUTION NO. ROS-16S - DISTRICT 4 MAINTENANCE MEMORANDUM OF AGREEMENT FOR SR 804 FROM OLD BOYNTON ROAD/NW 8TH STREET TO SR S/US-l) Dear Ms. Hasset: As directed in your letter to Mr. David Kelley on September 8th, enclosed are four (4) partially executed original memoranda as described above. I have also included a certified copy of Resolution No. R05-165. When the documents have been fully executed, please return one original to my office for our Central File. Thank you. Very truly yours, CITY OF BOYNTON BEACH n. ~ UnetM. Prainito, CMC City Clerk Attachments c: Jeff Livergood, David Kelley, Central File S:\CC\WP\AFTER COMMISSION\Other Transmittal Letters After Commission\2005\FDOT - MAINTENANCE MEMORANDA DISTRlCT IV - lQ-07-05.doc America'5 Gateway to the Gulfstream 184 o~ , 2. 'Ll.C L.~- ..----:-- Florida Department of Transportation \.- .f:~?J111;;~~ If""'''fj< r. \ i' \ l!. JEB BUSH GOVERNOR Planning & Environmental Management 3400 West Commercial Boulevard Fort Lauderdale, FI 33309-3421 Telephone: (954) 777-4330 Fax: (954) 777-4310 DENVER J. STUTLER, JR. SECRETARY September 8, 2005 Mr. David Kelley City Engineer City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, Florida 33425-0310 Dear Mr. Kelley: RE: District Four (4) Maintenance Memorandum of Agreement (MOA) for SR 804 from Old Boynton Road/NW 8th Street (M.P.7.786) to S.R. 5/U.S-1 (M.P.9.115) Enclosed are four original MOA that reflect the landscape improvements that will be constructed for State Road 804 in the City of Boynton Beach under State Financial Project Number 403605-1-52-01. Please have these executed by the City Commission at their earliest convenience returning all to me, with one sealed copy of the Resolution approving such action. Gerry O'Reilly, P.E., the Department's Transportation Development Engineer District N, will execute and date the originals returning one for your file. Important: Please do not fill in the date on the first paragraph on page one. Call me at 954-777-4219 if I can be of further help. Sincerely, LL--Q.I~ Elisabeth A. Hassett District N Landscape Architect CC: Scott Edgar, FDOT, File 185 ESTIMATE FOR LUMP SUM ITEM FOR LANDSCAPE FP 10 403605-1-52-01 STATE ROAD 804 (BOYNTON BEACH BLVD): FROM OLD BOYNTON ROAD TO SR-5/US-1 PAY ITEM DESCRIPTION UNIT QTY P TS) of 600 LS 1 r. RICEIUNIT TOTAL 581-1-1 LANDSCAPE COMPLETE (SMALL PLAN Euphorbia millii "Rosy" (Dwarf Crown Thorns) 1 gallon cans, 12" spread Total: 3,100 plants at $6.00 ea = $18 Includes mulch, water and fertilize 18.600.00 $18,600.00 C:\Documents and Settings\EMSierra\Local Settings\rernporary Internet Files\OLKl16\SR804 403605 Palm Beach Co.doc 186 2: h C r--." o 8~ 0< kP::: hf-l., Oh.!..,a r--."f-, C2: r--.,,~ lrJ~ J" P-: Q h U h c 8 I 0 6 ~ 8 ~ ~ 6~ ~ 2 0 ti ~ Cl ~ ~ Lo..l < u ", -....S 3~~~~~~ ~ 1-"') I c:i ~ : 3:01 G 8 ~~ I Q:<C'-' ll., l.rJ~~~ C'.I~i::: If) El~~~ ~: 0 2i! Cl ~ g ~ Cl C) I i lr) I I lr) C) a l C) l- sQ: lw~ J i::: ::::,~2~ t:::::'C)'--.) 2 G~f-- t:J C)!=l::: JKi-:: lr) JC)--C:: a':~~ l-'S:: C)< CQ~ C) e: S:i t; CJ cs 2: J 0; C::: YJ 2: C U V) C J t~; I I l0, ,/ c; itjj : 2 3Ci:: ;, 'J:. 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I o lJ 0:: U1 I I ~ Ifil-I, i t :~~I i 8 OO"Oi':-t-9Sfr "ViS 3NI7H:Jllfl'V J 2~_) D CJ o 0- f--' Vl X w o o U 0 lS qjilTN 6 1' , 8 ti a I 3 h<:;: I Q J Q Q I ii ~ "' C1:t G 8 jv, i! CI:iI: i5 g .... Q filIi Z ~ :g 5 J t;: ~: U. j~~ ~ a'ib~~ ~ 8 I 201 1 RESOLUTION NO. R23-073 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN 5 THE FLORIDA DEPARTMENT OF TRANSPORTATION'S 6 AMENDMENT NUMBER ONE TO THE BOYNTON BEACH 7 BOULEVARD'S LANDSCAPE MEMORANDUM OF AGREEMENT; 8 AND PROVIDING AN EFFECTIVE DATE. 9 10 WHEREAS, in November 2005, the City signed the District Four (4) Maintenance 11 Memorandum of Agreement with the Florida Department of Transportation (FDOT) which 12 designated responsibilities for each party as the FDOT constructed and installed the 13 infrastructure and the City maintains the landscaping and pavers in the Boynton Beach Blvd 14 right-of-way;and 15 WHEREAS, in 2018,the Boynton Beach Community Redevelopment Agency(CRA)was 16 awarded a Federal Highway Administration Federal Lands Access Program (FLAP) Grant to 17 redevelop Boynton Beach Blvd (between NW 4th Street and US 1/Federal Highway) into a 18 Complete Street; and 19 WHEREAS, in June 2019,Commission approved Resolution R19- 064,which authorized 20 the Florida Department of Transportation to proceed with the design, construction, and 21 administration of the Boynton Beach Boulevard Complete Streets Project; and 22 WHEREAS, now, that the design is 90% complete, FDOT is considering the changes 23 needed to the Memorandum of Agreements to outline the new maintenance responsibilities. 24 The City's new responsibilities include paying for and maintaining the decorative sidewalk; 25 and 26 WHEREAS,the City Commission has determined that it is in the best interests of the 27 residents of the City to approve and authorize the City Manager to sign the Florida 28 Department of Transportation's Amendment Number One to the Boynton Beach Boulevard's 29 Landscape Memorandum of Agreement. 30 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 31 BOYNTON BEACH, FLORIDA, THAT: S:\CA\RESO\Agreements\Approve FDOT Amendment#1 To Landscape Memorandum Of Agreement-Reso.Docx 202 32 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 33 being true and correct and are hereby made a specific part of this Resolution upon adoption 34 hereof. 35 Section 2. The City Commission hereby approves and authorizes the City 36 Manager to sign the Florida Department of Transportation's Amendment Number One to 37 the Boynton Beach Boulevard's Landscape Memorandum of Agreement. A copy of the 38 Amendment is attached hereto and incorporated herein by reference as Exhibit "A". 39 Section 3. This Resolution shall become effective immediately upon passage. 40 PASSED AND ADOPTED this 16th day of May, 2023. 41 CITY OF BOYNTON BEACH, FLORIDA 42 43 YES NO 44 45 Mayor-Ty Penserga 46 47 Vice Mayor-Thomas Turkin 48 49 Commissioner-Angela Cruz 50 51 Commissioner-Woodrow L. Hay 52 53 Commissioner-Aimee Kelley 54 55 VOTE c-o 56 57 A 59 I .1f % •158 60 Maylee ie Je: 's, MPA, MMC T '-n rrga 61 City Clerk Mayor 62 63 pF• g ...•TO ' h APPROVED AS TO SR i' 64 (Corporate Seal) 1/ ..>;• 'CoRPORgT.•11' 65 SEAL .n 66 let i RPORATFO•• 67 t •.• 1920 : I Michael D. Cirullo,Jr. 68 lk, , c •'••••••'•• : e City AttorneyI-ORIDA= S:\CA\RESO\Agreements\Approve FDOT Amendment#1 To Landscape Memorandum Of Agreement-Reso.Docx i 203 SECTION No.: 93200000 FM No. (s): 444079-1-52-01 COUNTY: Palm Beach S.R. No.: 804 DISTRICT FOUR (4) AMENDMENT NUMBER ONE (1) TO STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LANDSCAPE MAINTENANCE MEMORANDUM OF AGREEMENT THIS AMENDMENT Number One (1)to the Agreement dated November 23, 2005 made and entered into this 7 day of jcc, 20, 1 by and between the State of Florida Department of Transportation hereinafter called the DEPARTMENT and the CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida, hereinafter called the AGENCY. WITNESSETH WHEREAS, the parties entered into a Landscape Maintenance Memorandum of Agreement dated November 23,2005 for the purpose of maintaining the landscape improvements by the AGENCY on State Road 804; and, WHEREAS, the DEPARTMENT and the AGENCY have agreed to add additional landscape to be installed within the City of Boynton Beach on SR804 / East Boynton Beach Boulevard in accordance with the above referenced Agreement; and, WHEREAS, the AGENCY, by Resolution Nol\) - C-'73datedZ (L , 203 attached hereto as Exhibit "E", desires to enter into this Agreement and authorizes its officers to do so; NOW THEREFORE, for and in consideration of mutual benefits that flow each to the other, the parties covenant and agree as follows: 1. The DEPARTMENT has decided to construct and agrees to install or cause to be installed additional landscape improvements or to modify an improvement located as indicated in Exhibit"A", on SR804/ East Boynton Beach Boulevard from NW 3rd Street (MP. 8.484) to US-1/Federal Highway (MP. 9.130), City of Boynton Beach, in accordance with the plans attached as Exhibit "B". The Landscape Improvements include colored concrete sidewalks and tree grates; 2. The AGENCY shall agree to maintain the additional landscape improvements in the Agreement described above according to Exhibit "C" Maintenance Plan; 3. The DEPARTMENT agrees to enter into a contract to have installed said landscape improvements for the amount as outlined in Exhibit "D"; S:\Transportation Development\Design\In-House Design\Landscape Architecture\AGREEMENTS\1 MOA\BOYNTON BEACH\444079-1\44407915201-MMOA-final-3.7.23.docx 204 SECTION No.: 93200000 FM No. (s): . 444079-1-52-01 COUNTY: Palm Beach S.R. No.: 804 Except as modified by this Amendment, all terms and conditions of the original Agreement and all Amendments thereto shall remain in full force and effect. LIST OF EXHIBITS Exhibit A—Project Location and Landscape Maintenance Boundaries Exhibit B- Landscape Improvement Plans Exhibit C- Maintenance Plan for Landscape Improvements Exhibit D -Approximate Cost for Landscape Improvements Exhibit E - Resolution S:\Transportation Development\Design\In-House Design\Landscape Architecture\AGREEMENTS\1 MOA\BOYNTON BEACH\444079-1\44407915201-M MOA-final-3.7.23.docx 205 SECTION No.: 93200000 FM No. (s): 444079-1-52-01 COUNTY: Palm Beach S.R. No.: 804 EXHIBIT A PROJECT LOCATION AND LANDSCAPE MAINTENANCE BOUNDARIES I. ORIGINAL LIMITS OF 2005 MMOA: State Road 804/Boynton Beach Blvd. from Old Boynton Road (MP. 7.786)to SR 5/ US-1 (MP. 9.115) II. LIMITS OF MAINTENANCE FOR THESE LANDSCAPE IMPROVEMENTS: State Road 804/Boynton Beach Blvd. from NW 3rd Street(MP. 8.484)to US-1/Federal Highway (MP. 9.130) III. LANDSCAPE IMPROVEMENTS MAINTENANCE RESPONSIBILITIES MAP: See Attached Original limits of 2005 MMOA remain in effect) S:\Transportation Development\Design\In-House Design\Landscape Architecture\AGREEMENTS\1 MOA\BOYNTON BEACH\444079-1\44407915201-MMOA-final-3.7.23.docx 206 I I M N 4 ti W J/, V J//i v i% k z 4I N90°00'00"E 4I 0 I 4 o 1 m i RI U+ f% %iii%/iii////viii%/////ti i7//iii'Y,:, ,///////////////////////////////////////////I_:: '%/iiii?/////ifi:%//////i ii?///////tii/////////////i'•/, i 1...til SR 804 / E BOYNTON BEACH BLVD Z BEGIN MMOA I Q STA. 456+65.00 Otil I-U V) M M.P.8.484 N C Q Li)CO 1, N Q O END MMOA STA. 490+62.21 in V iQi C. M.P.9.130 CC Q Z zZ Q W U)W 1 z0 0 g71i u R. , N90°00;00"E I i u I 1 Q n , t=i i%%//lii%/////////izt-e-.4-55e///iii%//////ie, i:.,;:e //ivi%// %ifi7//:7),:e/.2z11 I //////////iii%///////iii%//i ii4;,„,. I Z SR 804. / E BOYNTON BEACH BLVD O 0I CC(Z1 I In IccQ^ LANDSCAPE IMPROVEMENTS W M N W MAINTENANCE BOUNDARY MAP Z W p Z, CITY OF BOYNTON BEACH LEGEND u' STATE ROAD 804 LIMITS OF LANDSCAPEEMARCH 2023 j-BYACIYCOF BOYNTONBEACH II I 207 SECTION No.: 93200000 FM No. (s): 444079-1-52-01 COUNTY: Palm Beach S.R. No.: 804 EXHIBIT B LANDSCAPE IMPROVEMENT PLANS The DEPARTMENT agrees to install the landscape improvements in accordance with the plans and specifications attached hereto and incorporated herein. Please see attached plans prepared by:Miller Legg and Associates, Inc. Brian R. Shore Sheets LD-1 to LD-17. Dated: 02-22-23 S:\Transportation Development\Design\In-House Design\Landscape Architecture\AGREEMENTS\1 MOA\BOYNTON BEACH\444079-1\44407915201-MMOA-final-3.7.23.docx 208 STATE OF FLORIDA 1111111.11M1.11. ZW- llDEPARTMENTOFTRANSPORTATIONAEN„„o,A roEAw, ,.", 0440114.. ., _ CITY ' I' sr AUGUSTINE CONTRACT PLANS Iii. ,DAYTONA BEA. 61 FINANCIAL PROJECT ID 444079-1-52-01 NEW PORTA.vNA.{fi r "% 01411- FEDERAL 11111\FEDERAL FUNDS) A;-"-:.•-,. l+s' Mo, r , T, EACE1INDEXOFLANDSCAPEPLANSPALMBEACHCOUNTY (93200) a^°° SHEET NO. SHEET DESCRIPTION CITY OF BOYNTON BEACH VARIOUS LOCATIONS j `WESTC""' LD-1 KEY SHEET LANDSCAPE PLANS NAFFS •`r.f LD-2 THRU LD-8 HARDSCAPE PLAN Y• NUM WLD-9 THRU LD-I1 HARDSCAPE PLAN-SCHEDULE LD-12 THRU LO-14 HARDSCAPE NOTES LO-15 THRU LD-17 HARDSCAPE DETAILS LOCATION OF PROJECT haps://goo,gl/maps/7tvdiA8JFhM9vEKF8KEYWEST o u W I111r!II/IIA 2 s,10:Nc E'NNo ,, o SE•••.C' THIS ITEM HAS BEEN DIGITALLY 1 SIGNED AND SEALED BY m I. . No 6666770 i `" i * ;* I oi 1.1 9: STATE OF ....6,4? ON THE DATE ADJACENT TO THE SEAL JL• cC O R p:p:.", PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDERED SIGNED AND SEALED L5'.sCA PES P W%%, ANATHEELSIGNATURE MUCOST BE VERIFIED c LANDSCAPE PLANS B LANDSCAPE ARCHITECT OF RECORD:: G WW BRIAN R.SHORE,RLA R.LA NO.:6666770 MILLER LEGG AND ASSOCIATES,INC. 5747 North Andrews Way, w 9 Fort Lauderdale,Florida 33309-2364 h 7 954)436-7000 0 CONTRACT NO.:CAC93 I ti VENDOR NO.:F650563467 ti 3 q r R FEDOT E WETHERELL,P. T MANAGER: I u . IG U i i i n; CONSTRUCTION FISCAL SHEET 9 CONTRACT NO. YEAR !NO. T4651 24 iLD-1 N 209 i L-- I i z. L in JAMES AL BONFIGLIO,P.A. 0 10 40 6 4t I "7; 1— t k Feet I N —— COASTAL GROUP LLC 2 R/W LINE BEGIN PROJECT STA. 457+00.00 LLOYD'S PLAZA 4er: IL 1 1T3 I —, R 1 t"p.,1 •-• ! i __ i1 I Ill", R/W LINE I ,„1421T) f_t_ i Ii — — Tt 1 II 1..- ---,-,'' itt FL tz a, .'"- —— \ 7.-.3 C'p-____ 1—L_4......„2:__ ''LL', ___..1""ZS -^-_-==, '",•;;_f,------2=4.-,..i* _ I.11 c,N.4.,1 ——----,—.- 4,--_—__ -, ±_, .;•---,- 8 tom 8)m- Own FEW i.m- -I FAI - 1 1 -(GBA- 0 452 IN 15_.3i. 454 455 456 : c)A--I- 7..,, I . . .(8)5"tiz;"K.,:------ 1, --rifrtr-r="---7------.777-47.-"---7.---7-7- 177-its, 77,--- --- "---175(7--- 7----.'-----"-..-..,4",-.IZT: 1 1,,,,, f(1,1 1 C1,1 _. i., Fla ,„ SR 804 / E BOYNTON BEACH BLVD. 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COUNTY FINANCIAL PROJECT ID H4RASCAPE PLAN n 954-436-7000•WWW.MILLERLEGG.COM FORT LAUDERDALE,FLORIDA 33309-2364 SR 804 PALM BEACH 444079-1-52-01 LD-3.5 1 I II i 1 211 1.' 2 3 cc I a I I„......2D® I 1.••Feet WI— SUPERB SIGNS fl7- h I d I 1 I ' 1 I MY FUTURE INC. 1 I I FIRST BAPTIST CHURCH o II I I OF BOYNTON BEACH R/W LINE l d.' I R/W LINE 1 I IY I1 I 1IJ I 1 e I0I C7 L? 11 I * '* * * * * I o wwMap rwawwv T - s^,w v--®o- 4 rems 1 m t® s'v w I I o 0)M- 0)M 6914 0)M i8)Mr- : IM-, 81M 01M 8MiA)n ie1ieM AM i s 464 465 I 466 467 468 469 I a r694,3, v--- 1 (WS , 11)5, E S o)s ASS• I Ws, , (e{S { alga,--,--1,1),--,..--- --I,r! j ice---'--__.7::-----'ray._ 1_.....,..14, o SR 804 / E BOYNTON BEACH BLVD.' i d ti. I - - e °--r v - v,.g v r J mo',4 T-J'*' d!_ AM1- 'i`r v A.''-"}A. spa ¢ ' a= ff11T/7M { U4- W mo o ,i0j ® ) 27s.--7w..,-,-.,,r,,,- .!w.-Nr.' - ..-IE-SW 61wiisM rst.11 , LW(ttt,g,7I-''. GPRI ,o2UB I ebrOA S`YL'm`eAi'.11 gireti.'.i1+lag 4 xi TA BFOCT9 i'reeled fial)Q-:. 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A, s Jen i" 1 W 1M MIA- ie1NF 1 .--8I -(Bun 4. m I I Lc 470 I 1 471 1' 472 473 I 474 475 CImiq ren' I"-•------!--als--p, F:,, I- • I-- iab M lalsl-'--7: 8 ' -3--1131_--_—'_,.,._I—. _—=_S_-'--II95—__—ice:..------("1.----,J._- i Q w SR 804 / E BOYNTON BEACH BLVD. I I 1 1 o V a h V– .. d —` lJ j-i J lJ"— L V. V V J J __ a p,J ; eon 4 P a ' _ = -s,`' 1 3 r;(aF v fir}-irtf3 v(BF tal-_0_7_gr_! e} w } w!I OM-•--_ El i,*i, Ll as 1l o w R/W LINE ti R/W LINE-1( I UNITED STATES r 4\ I 41 POSTAL SERVICE O 1\\ 11I// II N- m SII j 1 W cc Wtn s. I I la „ 1 0 1 U z 9 i z U 3 1 O W ps 1 ri( REVISIONS LANDSCAPE ARCHITECT OF RECORD:STATE OP FLORIDA6• DATE DESCRIPTION DATE DESCRIPTION BRIAN R. SHORE LA-6666770 SHEET DEPARTMENT OF TRANSPORTATION HA j c CAPE PLAN NO. LEGG ry MILLERA DRE ROAD NO. COUNTY FINANCIAL PROJECT ID HARD)CLBIE PLLEL5747 RDATH ANDREWS 330 1F954RTLAUDERDALE,FLORIDA 33309-2364COMSR 804 PALM BEACH 444079-1-52-01 LD-5 r 954-436-7000.WWW.MlLLERLEGG.COM I 1 I I 213 1 I LU i I o 0 10 40 LU d LtiCC 1 91.9------ Feet v'E II„qn M- II(31 II MAIN STREET I M- K 8 I DP& GRILL Lici KENTUCKY FRIED CHICKEN C 41, W I 1--1 m MEINEKE CAR q I q- w II I I CAR WASH 1 I l/1 8 m CARE CENTER n I' 41: _ III I I z 1 • 1 R/W LINE Ei ra w"`'—. f o t allp R/W LINE I I . it 1 R/W LINE \_ -`O40 Com . 4,`-..a-u-; 7 u B P ..,' _ ; . 1 VA,I.,___________ UXJ'Y ce_/.2,. w P21-®r = 11®_ 3,° ———"ROp e'!o PAIRO s's b" 3G Lei®:AMZEIE MIWar __ o 0 --In— o 476 0 477 m 478. \\ 0 479 48f) 481 5(al 1 5( a c..-Lt_—-'—-1.4).—-'_-—)u),- , , (o): 1 a):: 1 C; 1 ran ' I !w-' Q,;es C) a):: C)'1 W SR 804 / E BOYNTON BEACH BLVD. a 3- e. Svc 'L I,? '7— si.' 4= n®` 1.a`'. CE=- 1T` ®e d+.04e- ®W'.Aeli ®dam®®a'i.', m`7T A`0 1,R-. k a— v r vgo e n Ye fie::: . • 1 _ 11, i.5 mtoI N Jlif-.. o R/W LINE LI I SUNNYSIDE MEDICAL R/W LINE BIRTHLINE/LIFELINE TI MANMI'S KITCHEN BUSINESS PLAA ti 1 L , 1 CANNABIS DISPENSARY MEDICAL CENTER U p I W I N_Iml • W w w 11. 1 f1 4 L'.. 1 o qp w o 7 Q 2 z I Z w II iyI o x 11i 1 u, REVISIONS LANDSCAPE ARCHITECT OF RECORD:STATE OR FLORIDA DATE DESCRIPTION DATE DESCRIPTION BRIAN R. SHORE LA-6666770 IHEET 7 DEPARTMENT OF TRANSPORTATION HARD.T+ p PLAN NO. MILH A DRE ROAD NO. COUNTY FINANCIAL PROJECT ID HARD CAPE PLAINLEGG 5747 NORTH ANDREWS WAY FORT LAUDERDALE,FLORIDA 33309-2364 LD-65954-436-7000.WWW.MILLERLEGG.COM 5R 804 PALM BEACH 444079-1-52-07 214 i I I I zl J I I il gI I I I W N Cc I Q O o Io ao ki I-.O = O u Feet I ,, rv j BUSINESS Q III h J MEINEKE CAR I .M PRESSURE PLAZA BOYNTON BEACH M In CARE CENTER WII;•WASHING U Oo• I m$ PAINT SPRAYERS LAUNDRY po'.;Q _ I/t hLy Q; BUD'S CHICKEN V 1Im N "... ICC O Ij i i p 1 I AND SEAFOOD I; II I I f® 17 ro' •I 11 i`Pc I{ I I i I R/W LINE cejItR/WLINE j3' \ I rs rshR/W LINE I /-11o-3 i a m BJH I •` , .>,. A M • 1- / z la I>r 5) d ..... „,,1?-4.ma &'._m ' & 1 i i3 q ® L' eigr ° F' ':Ji i 4B.r,u2:- -- B L:.m- ':(''Q,',.,-!-'441F- W Ar, 1 A•.,Ih :- B)M- ' 4 0 ! I 'r® '.-' j O IImaa,_ i. 11 9) 5(B) 5(B)---..,,,4--O)e&(B) 5(B) 5(Bl.----I -"S(0) / l..-- 5(0) 5(0)-- 5(0) 5(B) O t4'Ij(B) I I I(B E ,0') 5(L)--- w 482m y. 483 484 485 4-148 f ill 7,,T,•,-,7 4397 H I .9 / I I ../, I,,;1• ...... did_. ,®.Q %d= , 1,o,n `*iP=m---1-_.-- talc nJ 1' a!s eL' rB!../ ms's' r - °d'fl ) ! I ._.. "`( . SR 804 / E BOYNTON BEACH BLVD./I m I ;''I m I i VWFOCBFBWIBW- . RF B FCb R/W LINE I I:I R/W LINE I I f/, 1 '. u 6^ i\'• I I I i / 1 1 y I I I p i I mil a / 1 ;I 4 1 1 I` CC MONSTER 1 •^/ Ii - W I w w a W FURNITURE al 1V W WIIJMATRESSO1atujN— to VAPOR ROCKET w N N VAPORIZER STORE f Q O I N ~ BRUNOS AUTO CC H k f 0 Z BODY&PAINT M a l 1 '''.:5 i ti 1 w I V. Ct I Z I TROPICAL SECRET LW PETIT PAIN h W ISLAND GARDEN BAKERY I U 0 /1 Z RESTAURANT CAFE t Il.. I/ I\ I t 1 u W u 1 i O I I $ ow O 9 I I I a V W REVISIONS LANDSCAPE ARCHITECT OF RECORD: DATE DESCRIPTION DATE DESCRIPTION BRIAN R. SHORE LA-6666770 STATE OP FLORIDA SHEET M DEPARTMENT OF TRANSPORTATION HAREM CAPE PLAN' I NO. 5747 NORTH ANDREWS WAY ROAD NO. COUNTY FINANCIAL PROJECT ID HARE CAPE A'LALZ% 1" Z' FORT LAUDERDALE,FLORIDA 33309-2364 ILD-7954-436-7000•WWW.MILLERLEGG.COM SR 804 PALM BEACH 444079-1-52-01 I 215 1 4 ii W I / 0 to 40 4; R W M Feet 0IL •'1 NII CVS PHARMACY in I ;:1 kcA I9I ` li R/W LINE LC-r'.0 I. END PROJECT o I h STA. 490+62.21 1 n-- JIAI-o aJM' -- fi9NJr. cs,L.:-------.--__._" I m v.!s, Awl-,a „,'---,--4---_,....-a.:4,0, e_Iwr . ( 8138 813• 2.)Be OH Et-.1J I z L/ pl _ W SWS 5(13) BJ-'? S(B) B S(BVF) 488 9 d90 4E1. I I I N"t7 0SR804 / E BOYNTON BEACH BLVD. m 0 tB} 4- io0NiNv 2,j: E BOYNTON BEA•H BLVD. I 2 lraa®dm e mrtit'realtim'v v h V.'+< pp' r2+ 11' a w I BFI Dl 1 Ui R/W LINE2 MILLER LAND PLANNING,INC. ACE HARDWARE 1I h illi G j = w W I W m TI o II WCHEVRONGASSTATIONz !,`;• I II I 1 1I cc . 1 ”I 1 0 b O m,`y - a qry U Ill s" Itl Q u ti REVISIONS LANDSCAPE ARCHITECT OF RECORD:STATE OF FLORIDA SHEET6 DATE DESCRIPTION DATE DESCRIPTION BRIAN R. SHORE LA-6666770 DEPARTMENT OF TRANSPORTATION LI t MILLER LEGG ROAD NO. COUNTY FINANCIAL PROJECT ID NO. 5747 NORTH ANDREWS WAY FAROS CAPE PLAN 3i5 FORT LAUDERDALE,FLORIDA 33309-2364 LD-8 954-436-7000•WWW.MILLERLEGG.COM SR 804 PALM BEACH 444079-1-52-01 1 216 DECORATIVE WAVE SCHEDULE DECORATIVE WAVE SCHEDULE HARDSCAPE SCHEDULE Description Station Offset Description Station Offset PAY ITEM Description Quantity Al 460+25.32 LT, 2'From Back of Curb B1 459+17.86 Er, 2'From Back of Curb CEMENT CONCRETE, COLOR PAVEMENT, DECORATIVE WAVE, Al 465+08.16 LT, 2' From Back of Curb B1 462+47.63 LT, 2'From Back of Curb 350 3 200 SKY BLUE, 4"THICK 750 SY Al 466+99.80 LT, 2'From Back of Curb B1 478+47.47 LT, 2'From Back of Curb CEMENT CONCRETE, COLOR PAVEMENT, DECORATIVE BORDER, Al 467+99.80 LT, 2'From Back of Curb B1 480+91.42 LT, 2'From Back of Curb 350 3 207 TAN, 4" THICK 650 SY Al 474+02.03 LT, 2'From Back of Curb 131 488+63.85 LT, 2'From Back of Curb CEMENT CONCRETE, COLOR PAVEMENT, DECORATIVE SURROUND Al 475+48.11 LT, 2'From Back of Curb B1 485+73.90 RT, 2' From Back of Curb 350 3 202 TAN, 6"THICK 230 SY Al 478+94.92 LT, 2'From Back of Curb B1 481+00.06 RT, 2' From Back of Curb CEMENT CONCRETE, COLOR PAVEMENT, PRECAST TREE GRATE, Al 484+21.88 LT, 2'From Back of,Curb BI' 478+61.71 RT, 2' From Back of Curb 350 3 203_ YELLOW SAND 147 EA I Al 485+16.02 RT, 2' From Back of Curb B1 473+83.55 RT, 2' From Back of Curb Al 484+14.04 RT, 2'From Back of Curb B1 467+93.14 RT, 2' From Back of Curb U Al 480+47.78 RT, 2'From Back of Curb 131 461+77.48 RT, 2' From Back of Curb Q Al 472+94.84 RT, 2'From Back of Curb B2 464+74.09 LT, 2'From Back of Curb PAY ITEM NOTE: 1 Al 465+04.94 RT, 2' From Back of Curb 82 466+64.17 LT, 2'From Back of Curb i q Al 463+04.95 RT, 2' From Back of Curb B2 480+24.24 LT, 2' From Back of Curb i o AI 460+14.72 RT, 2' From Back of Curb B2 481+78.39 RT, 2' From Back of Curb 1. PAY ITEM: Al 458+24.67 RT, 2' From Back of Curb B2 466+92.71 RT, 2'From Back of Curb • 350 3 200 0 AI 456+98.24 RT, 2' From Back of Curb B2 459+02.58 RT, 2'From Back of Curb CEMENT CONCRETE, COLOR PAVEMENT, DECORATIVE WAVE, SKY BLUE, 4" THICK A2 489+99.50 LT, 2'From Back of Curb _ B3 488+78.95 RT, 2'From Back of Curb_ • 350 3 201 cA24574-35.44 LT, 2'From Back of Curb B3 458+65.35 LT, 2'From Back of Curb u, A2 459+73.52 LT, 2' From Back of Curb 83 461+72.41 LT, 2'From Back of Curb CEMENT CONCRETE, COLOR PAVEMENT, DECORATIVE BORDER, TAN, 4" THICK z A2 463+37.88 LT, 2'From Back of Curb B3 470+16.81 LT, 2' From Back of Curb • 350 3 202 A2 468+48.00 LT, 2'From Back of Curb B3 472+92.67 LT, 2' From Back of Curb CEMENT CONCRETE, COLOR PAVEMENT, DECORATIVE SURROUND, TAN, 6" THICK A2 469+68.00 LT, 2' From Back of Curb B3 489+28.35 LT, 2' From Back of Curb • 350 3 203 i w A2 476+99.02 LT, 2' From Back of Curb B3 479+45.34 RT, 2'From Back of Curb I 'a A2 481+92.41 LT, 2' From Back of Curb 03 477+12.52 RT, 2'From Back of Curb CEMENT CONCRETE, COLOR PAVEMENT, PRECAST TREE GRATE, YELLOW SAND aA2485+46.06 LT, 2' From Back of Curb B3 475+08.03 RT, 2'From Back of Curb A2 487+64.55 RT, 2'From Back of Curb THE ABOVE PAYITEMS INCLUDE INTEGRALLY COLORED CONCRETE AND ALL ITEMS a A2 483+47.02 RT, 2'From Back of Curb NECESSARY FOR THEIR CONSTRUCTION PER THE HARDSCAPE DETAILS, BONDED u A2 475+79.30 RT, 2'From Back of Curb A2 474+39.19 RT, 2'From Back of Curb RESIN AGGREGATE PLUG AND TOOLING / JOINTING t A2 473+39.20 RT, 2'From Back of Curb A2 464+73.13 RT, 2'From Back of Curb k A2 463+53.13 RT, 2'From Back of Curb o A3 467+55.31 LT, 2' From Back of Curb A3 469+15.32 LT,2'From Back of Curb rz A3 474+57.55 LT, 2'From Back of Curb U A3 476+46.36 LT, 2'From Back of Curb o A3 487+47.91 LT, 2'From Back of Curb ti A3 472+30.37 RT, 2'From Back of Curb 1A3470+12.84 RT, 2' From Back of Curb iA3468+86.46 RT, 2' From Back of Curb - A3 464+20.47 RT, 2' From Back of Curb T A3 462+40.46 RT, 2' From Back of Curb 4 F.wW I .N U-O O O U CI, 11 I o w i.( REVISIONS LANDSCAPE ARCHITECT OF RECORD,STATE OF FLORIDA6 DATE DESCRIPTION DATE DESCRIPTION BRIAN R. SHORE LA-6666770 SHEET MILLER LEGG ROAD DEPARTMENTIOP TRANSPORTATIONFINANCIAL PROJECT ID NO. x 5747 NORTH ANDREWS WAY HARDSCAPE PLAN- SCHEDULE FORT LAUDERDALE,FLORIDA 33309-2364 LD-99954-436-7000.WWW.MILLERLEGG.COM SR 804 PALM BEACH 444079-1-52-01 I 217 DECORATIVE BORDER SCHEDULE DECORATIVE BORDER SCHEDULE DECORATIVE BORDER SCHEDULE DECORATIVE BORDER SCHEDULE Ben End EndDescription Sta9/on Station Offset Description Station Station Offset Description Sta?on Station Offset Description Sta9on Station Offset 1 51 457+07.01 457+21.01 LT,From Back of Curb 560 472+72.91 472+85.91 LT,From Back of Curb 5109 456+64.82 456+92.05 RT,From Back of Curb 5158 472+53.61 472+67.61 RT,From_Back_of Curb 52 457+27.01 457+40.01 LT,From Back of Curb 561 472+92.91 473+05.91 LT,From Back of Curb 5110 456+98.05 457+09.59 RT,From Back of Curb 5159 4721-74.61 472+88.61 RT,From Back of Curb 53 457+46.01 457+64.93 LT,From Back of Curb 562 473+11.91 4734-39.27 LT,From Back of Curb 5111 457+48.59 457+67.81 RT,From Back of Curb 5160 472+94.61 473+07.61 RT,From Back of Curb 54 458+22.18 458+42.09 LT,From Back of Curb 563 473+76.61 473+95.80 LT,From Back of Curb 5112 458-1-02.81 458+18.45 RT,From Back of Curb 5161 473+14.61 473+43.78 RT,From Back of Curb 55 458+48.09 458+61.84 LT,From Back of Curb 564 474+01.80 474+14.80 LT,From Back of Curb 5113 458+24.45 458+38.61 RT,From Back of Curb 5162 473+49.78 473+63.78 RT,From Back of Curb 56 458+67.34 458+81.09 LT,From Back of Curb 565 _ 474+21.80 474+35.80 LT,From Back of Curb 5114 458+77.61 458+91.01 RT,From Back of Curb 5163 473+70.78 473+83.78 RT,From Back of Curb 57 458+87.09 459+18.09 LT,From Back of Curb 566 474+41.80 474+54.80 LT,From Back of Curb 5115 458+98.01 459+27.40 RT,From Back of Curb 5164 473+89.78 474+03.78 RT,From Back of Curb 59 459+24.09 459+38.09 LT,From Back of Curb 567 474+61.80 474+74.80 LT,From Back of Curb 5117 459+98.40 460+08.49 RT,From Back of Curb 5165 474+10.78 474+24.78 RT,From Back of Curb 510 459+45.09 459+59.09 LT,From Back of Curb 568 474+80.80 474+92.26 LT,From Back of Curb 5118 460+14.49 460+23.46 RT,From Back of Curb 5166 474+30.78 474+43.78 RT,From Back of Curb u 511 459+65.09 459+78.09 LT,From Back of Curb 569 475+29.65 475+41.90 LT,From Back of Curb 5119 460+65.46 460+74.92 RT,From Back of Curb 5167 474+49.78 474+63.78 RT,From Back of Curb q 512 459+84.09 459+98.09 LT,From Back of Curb 570 475+47.90 475+59.19 LT,From Back of Curb 5120 461+68.63 461+77.71 RT,From Back of Curb 5168 474+70.78 474+84.78 RT,From Back of Curb I` 513 460+05.09 460+19.09 LT,From Back of Curb 571 476+04.52 476+25.62 LT,From Back of Curb 5121 461+83.71 461+97.71 RT,From Back of Curb 5169 474+90.78 475+04.53 RT,From Back of Curb Ei 514 460+25.09 460+49.88 LT,From Back of Curb 572 476+30.62 476+44.37 LT,From Back of Curb _ _5122 _ 462+04.71 462+18.71 RT.From Back of Curb 5170 475+10.03 475+23.78 RT,From Back of Curb 515 461+15.24 461+46.65 LT,From Back of Curb 573 476+49.87 476+63.60 LT,From Back of Curb 5123 _ 462+24.71 462+38.46 RT,From Back of Curb 5171 475+29.78 475+43.78 RT,From Back of Curb 516 461+52.65 461+65.65 LT,From Back of Curb 574 476+69.60 476+84.62 LT,From Back of Curb _ 5124 462+43.96 462+57.77 RT,From Back of Curb 5172 475+50.78 475+64.86 RT,From Back of Curb 517 461+72.65 461+85.65 LT,From Back of Curb 575 476+90.62 477+03.62 LT,From Back of Curb 5125 462+63.71 462+77.71 RT,From Back of Curb 5173 475+70.86 475+83.78 RT,From Back of Curb 518 461+91.65 462+05.58 LT,From Back of Curb 576 477+09.62 477+39.68 LT,From Back of Curb 5126 462+84.71 462+98.71 RT,From Back of Curb 5174 475+89.78 476+04.92 RT,From Back of Curb ,, 519 462+30.91 462+47.86 LT,From Back of Curb 577 478+20.52 478+47.69 LT,From Back of Curb 5127 463+04.71 463+17.71 RT,From Back of Curb 5175 476+51.82 476+68.24 RT,From Back of Curb w 520 462+53.86 462+83.59 LT,From Back of Curb 578 478+53.69 478+67.69 LT,From Back of Curb 5128 463+24.71 463+38.71 RT,From Back of Curb 5176 476+75.24 476+89.24 RT,From Back of Curb 2 521 463+08.92 463+23.46 LT,From Back of Curb 579 478+74.69 478+88.69 LT,From Back of Curb 5129 463+44.71 463+57.71 RT,From Back of Curb 5177 476+95.24 477+08.99 RT,From Back of Curb j 522 463+29.46 463+42.46 LT,From Back of Curb 580 478+94.69 479+18.17 LT,From Back of Curb 5130 463+63.71 463+77.71 RT,From Back of Curb 5178 477+14.49 477+28.24 RT,From Back of Curb D 523 463+48.46 463+63.17 LT,From Back of Curb 581 480+02.34 480+32.66 LT,From Back of Curb _ 5131 463+84.71 463+98.71 RT,From Back of Curb 5179 477+34.24 477+65.34 RT,From Back of Curb 524 463+88.50 464+05.57 LT,From Back of Curb 582 480+38.66 480+51.48 LT,From Back of Curb 5132 464+04.71 464+18.46 RT,From Back of Curb 5180 478+31.25 478+61.93 RT,From Back of Curb H 525 464+48.90 464+63.51 LT,From Back of Curb 583 480+76.83 480+91.64 LT.From Back of Curb 5133 464+23.96 464+37.71 RT,From Back of Curb 5181 478+67.93 478+80.50 RT,From Back of Curb p 526 464+69.51 464+82.51 LT,From Back of Curb 584 480+97.64 481+14.15 LT,From Back of Curb 5134 464+43.71 464+58.71 RT,From Back of Curb 5182 479+13.50 479+22.08 RT,From Back of Curb 527 464+88.51 465+29.20 LT,From Back of Curb 585 481+63.48 481+77.99 LT,From Back of Curb _ 5135 464+64.71 464+77.71 RT,From Back of Curb 5183 479+28.08 479+41.83 RT,From Back of Curb p 528 465+54.54 465+63.15 LT,From Back of Curb 586 481+83.99 481+96.99 LT,From Back of Curb 5136 464+83.71 464+98.71 RT,From Back of Curb 5184 479+47.33 479+61.08 RT,From Back of Curb 2 529 466+30.23 466+53.57 LT,From Back of Curb 587 482+02.99 482+19.36 LT,From Back of Curb 5137 465+04.71 465+40.12 RT,From Back of Curb 5185 479+67.08 479+81.08 RT,From Back of Curb 530 466+59.57 466+72.58 LT,From Back of Curb 588 482+98.81 483+05.90 LT,From Back of Curb 5138 466+01.64 466+25.09 RT,From Back of Curb 5186 479+88.08 479+95.65 RT,From Back of Curb >, 531 466+78.58 466+93.55 LT,From Back of Curb 589 483+33.23 483+39.91 LT,From Back of Curb _5739 466+68.16 466+82.76 RT,From Back of Curb 5187 480+34.65 480+43.20 RT,From Back of Curb 532 466+99.55 467+33.55 LT,From Back of Curb 590 483+74.91 483+84.01 LT,From Back of Curb 5140 466+88.16 467+01.14 RT,From Back of Curb 5188 480+49.20 480+56.78 RT,From Back of Curb ti 533 467+39.55 467+53.32 LT,From Back of Curb 591 484+11.01 484+33.67 LT,From Back of Curb 5141 467+07.14 467+20.31 RT,From Back of Curb 5189 480+87.79 481+00.29 RT,From Back of Curb 544 467+58.82 467+72.57 LT,From Back of Curb 592 484+67.00 484+81.46 LT,From Back of Curb 5142 467+59.32 467+73.40 RT,From Back of Curb 5190 481+06.29 481+18.39 RT,From Back of Curb p 545 467+78.57 467+93.55 LT,From Back of Curb 593 485+18.80 485+31.64 LT,From Back of Curb 5143 467+80.40 467+93.38 RT,From Back of Curb 5191 481+53.40 481+67.81 RT,From Back of Curb 546 467+99.55 468+12.55 LT,From Back of Curb 594 485+37.64 485+72.09 LT,From Back of Curb 5144 467+99.38 468+15.02 RT,From Back of Curb 5192 481+73.81 481+86.81 RT,From Back of Curb u 547 468+19.55 468+33.57 LT,From Back of Curb 595 487+14.80 487+2616 LT,From Back of Curb 5145 468+54.02 468+64.71 RT,From Back of Curb 5193 481+92.81 482+17.09 RT,From Back of Curb 548 468+39.57 468+52.57 LT,From Back of Curb 596 487+32.16 487+45.91 LT,From Back of Curb 5146 468+70.71 468+84.47 RT,From Back of Curb 5194 482+80.06 482+90.59 RT,From Back of Curb z 549 468+58.57 468+72.57 LT,From Back of Curb 597 487+51.41 487+65.16 LT,From Back of Curb 5147 468+89.97 469+03.73 RT,From Back of Curb 5195 483+21.06 483+32.60 RT,From Back of Curb U 550 468+79.57 468+93.57_LT From Back of Curb 598 487+71.16 487+80.57 LT,From Back of Curb 5148 469+09.73 469+20.25 RT,From Back of Curb 5196 483+38.60 483+51.60 RT,From Back of Curb 551 468+99.57 469+32.57 LT,From Back of Curb 599 488+35.40 488+44.08 LT,From Back of Curb 5149 469+59.77 469+70.12 RT,From Back of Curb 5197 483+57.60 483+69.08 RT,From Back of Curb 4i 552 469+38.57 469+53.58 LT,From Back of Curb 5100 488+51.08 488+64.08 LT,From Back of Curb 5150 469+77.12 469+91.10 RT,From Back of Curb 5198 484+04.08 484+25.08 RT,From Back of Curb 2 553 469+59.58 469+72.58 LT,From Back of Curb 5101 488+70.08 488+84.08 LT,From Back of Curb 5151 469+97.10 470+10.85 RT,From Back of Curb 5199 484+52.08 484+60.91 RT,From Back of Curb ti 554 469+78.58 469+93.58 LT,From Back of Curb 5102 488+91.08 489+05.08 LT,From Back of Curb 5152 470+16.35 470+30.10 RT,From Back of Curb 5200 484+99.91 485+09.79 RT,From Back of Curb 555 469+99.58 470+13.33 LT,From Back of Curb 5103 489+11.08 489+24.08 LT,From Back of Curb 5153 470+36.10 470+50.10 RT,From Back of Curb 5201 485+15.79 485+24.72 RT,From Back of Curb W 556 470+18.83 470+32.56 LT,From Back of Curb 5104 489+31.08 489+44.08 LT,From Back of Curb 5154 470+57.10 470+59.10 RT,From Back of Curb 5202 485+63.72 485+74.13 RT,From Back of Curb 2 557 470+38.56 470+61.58 LT,From Back of Curb 5105 489+50.08 489+64.08 LT,From Back of Curb 5155 471+80.18 472+08.61 RT,From Back of Curb 5203 485+80.13 485+83.66 RT,From Back of Curb "'L,, 558 471+85.89 472+10.84 LT,From Back of Curb 5106 489+71.08 489+85.08 LT,From Back of Curb 5756 471+74.61 472+28.36 RT,From Back of Curb 5204 487+16.80 487+50.13 RT,From Back of Curb = 559 472+48.18 472+66.92 LT,From Back of Curb 5107 489+91.08 490+04.08 LT,From Back of Curb 5157 472+33.86 472+47.61 RT,From Back of Curb 5205 487+56.13 487+69.13 RT,From Back of Curb ~ 5108 490+10.08 490+31.88 LT,From Back of Curb 5206 487+75.13 487+89.13 RT,From Back of Curb 0 e 5207 487+96.13 488+09.54 RT,From Back of Curb ¢ 5208 488+44.54 488+55.69 RT,From Back of Curb u 5209 488+61.69 488+75.44 RT,From Back of Curb W x 5210 488+80.94 488+94.69 RT, From Back of Curb z 5211 489+00.69 489+11.92 RT,From Back of Curb 5212 489+56.90 489+77.71 RT,From Back of Curb 7.- 0 5213 490+24.71 490+33.18 RT,From Back of Curb o I = oREVISIONS LANDSCAPE ARCHITECT OF RECORD:STATE OF FLORIDA o DATE DESCRIPTION DATE DESCRIPTION BRIAN R. SHORE LA-6666770 MEET DEPARTMENT OF'TRANSPORTATION pp'r PLAN S p p + MO LLER LEGG 5747 NORTH ANDREWS WAY ROAD NO. COUNTY FINANCIAL PROJECT ID 4\JVaJ'CAPE CI EDULL FORT LAUDERDALE,FLORIDA 33309-2364 1.0 40NS954-436-7000•WWW.MILLERLEGG.COM SR 804 PALM BEACH 444079-1-52-01 ryI 218 PRECAST TREE GRATE & PRECAST TREE GRATE & PRECAST TREE GRATE & PRECAST TREE GRATE & f DECORATIVE SURROUND DECORATIVE SURROUND DECORATIVE SURROUND DECORATIVE SURROUND f Description Station Offset Description Station Offset Description Station Offset Description Station Offset ! TI 458+44.59 LT, From Back of Curb _ _ _T1 463+61.21 RT, From Back of Curb T2 476+67.10 LT, From Back of Curb T3 463+21.21 RT, From Back of Curb T1 459+61.59 LT,From Back of Curb T7. 464+61.21 RT, From Back of Curb T2 474+27.28 RT,From Back of Curb T3 462+81.21 RT, From Back of Curb TI 460+21.58 LT, From Back of Curb T1 475+27.28 RT,From Back of Curb T2 474+47.28 RT, From Back of Curb T3 462+01.21 RT, From Back of Curb TI 461+49.15 LT, From Back of Curb TI 473+87.28 RT, From Back of Curb T2 472+91.11 RT, From Back of Curb T3 458+94.51 RT,From Back of Curb TI 463+25.96 LT, From Back of Curb T1 469+07.22 RT, From Back of Curb T2 472+11.11 RT, From Back of Curb T4 467+56.07 LT, From Back of Curb Tt 464+66.01 LT,From Back of Curb T1 _ 462+21.21 RT, From Back of Curb _ T2 469+93.59 RT, From Back of Curb T4 470+16.08 LT, From Back of Curb TI 466+56.07 LT, From Back of Curb T1 467+96.89 RT, From Back of Curb _ _ T2 480+45.70 _ RT, From Back of Curb T4 476+47.12 LT, From Back of Curb 4 TI 466+96.05 LT,From Back of Curb T1 458+20.95 RT, From Back of Curb T2 468+67.22 RT, From Back of Curb T4 487+48.66 LT, From Back of Curb TI 467+36.05 LT,From Back of Curb T2 458+84.59 LT, From Back of Curb _ T2 466+84.67 RT, From Back of Curb T4 488+78.19 RT,From Back of Curb T1 467+96.05 LT,From Back of Curb T2 459+24.59 LT, From Back of Curb T2 465+01.21 RT, From Back of Curb T4 479+44.58 RT, From Back of Curb T1 468+36.07 LT,From Back of Curb T2 459+81.58 LT, From Back of Curb T2 464+61.21 RT, From Back of Curb T4 475+07.28 RT, From Back of Curb c TI 468+96.07 LT, From Back of Curb -T2 461+89.15 LT, From Back of Curb _ T2 464+01.21 _RT, From Back of Curb T4 472+31.11 RT, From Back of Curb i 219 CITY OF BOYNTON BEACH CONTACT INFORMATION: GARY DUNMYER 561-742-6231 DUNMYERG@BBFL.US HARDSCAPE NOTES: 1. CONSTRUCT IN ACCORDANCE WITH SECTION 350 AND 522 OF THE STANDARD SPECIFICATIONS 2. CONCRETE TO HAVE MINIMUM 28 DAY CURING COMPRESSIVE STRENGTH PER STANDARD SPECIFICATION 347. 3. FOR REINFORCEMENT, REFER TO PLANS AND MEET THE STANDARDS SET FORTH IN SECTION 415 OF THE STANDARD SPECIFICATIONS.d 4. PROVIDE FORMS AS SPECIFIED IN STANDARD SPECIFICATION 520-3 I .: 5. SHAPE AND COMPACT THE FOUNDATION MATERIALS TO A FIRM, EVEN SURFACE, TRUE TO GRADE AND CROSS SLOPE. COMPACT AREAS THAT HAVE BEEN EXCAVATED MORE THAN 6; o INCHES BELOW THE BOTTOM OF THE CONCRETE TO A MINIMUM OF 95% OF AASHTO T99 DENSITY. AREA TO BE COMPACTED INCLUDES THE AREA DIRECTLY UNDER AND 1 o FOOT BEYOND EACH SIDE OF THE SIDEWALK, LESS UNDER THE TREE GRATES, WHEN RIGHT OF WAY ALLOWS. e 6. DO NOT CUT OR MODIFY THE FINAL SURFACE. UTILITIES, PULL BOXES, FOUNDATIONS, ETC. TO BE INSTALLED, NOT WITHIN THE BREAKS OF CONSTRUCTION JOINTS PRIOR TO INSTALLATION OF CONCRETE. 7. INSTALL EXPANSION, CONTRACTION, CONSTRUCTION, AND SAW-CUT JOINTS IN ACCORDANCE WITH THE PLANS, STANDARD SPECIFICATION 522, AND THE STANDARD PLANS. i o 8. ORIGIN OF JOINTS TO BE BASED ON BACK OF DECORATIVE BORDER EXTENDING OUT AT A 45°ANGLE. z 9. REFER TO ROADWAY PLANS FOR SIDEWALK JOINT INCORPORATION I w INTEGRALLY COLORED ADMIXTURE NOTES: I o z 1. COLORATION OF CONCRETE TO BE ACHIEVED THROUGH USE OF AN INTEGRAL COLORED ADMIXTURE ADDED TO CONCRETE MIX AT PLANT. 2. CEMENT COLOR TO BE WHITE UNLESS MANUFACTURER RECOMMENDS OTHERWISE AND IS APPROVED BY LANDSCAPE ARCHITECT OF RECORD.a 3. REFER TO PLANS AND DECORATIVE WAVE, DECORATIVE PRECAST TREE GRATE AND TREE GRATE SURROUND NOTES FOR COLORS. u 4. PROVIDE COPY OF MANUFACTURER'S LITERATURE TO ENGINEER OF RECORD FOR REVIEW BY LANDSCAPE ARCHITECT OF RECORD. o 5. SUPPLY COLOR CHART AND PHYSICAL SAMPLE OF COLORED CONCRETE TO ENGINEER OF RECORD FOR REVIEW BY LANDSCAPE ARCHITECT OF RECORD. 6. COLOR TO BE INTEGRAL TO CONCRETE MIXTURE AND CONSISTENT THROUGHOUT THE SLAB. u 7. MATERIALS USED TO ACHIEVE COLOR SHALL CREATE AN ADHERENT, WEATHER RESISTANT, SKID RESISTANT, WEAR RESISTANT SURFACE UNDER SERVICE CONDITIONS. 1 o u w w 1- 11 1, ti 4O a O O W V U O s^ pe w N E REVISIONS LANDSCAPE ARCHITECT OF RECORD:STATE OF FLORIDA SHEET DATE DESCRIPTION DATE DESCRIPTION BRIM R. SHORE LA-6666770 DEPARTMENT OF TRANSPORTATION NO. MILLER LEGG 5747 NORTH ANDREWS WAY ROAD NO. COUNTY FINANCIAL PROJECT IO GENERAL NOTES VP. FORT LAUDERDALE,FLORIDA 33309-2364 LD-72n9954-436-7000.WWW.MILLERLEGG.COM SR 804 PALM BEACH 4440794-52-07 220 v DECORATIVE WAVE NOTES: 1. CONSTRUCT DECORATIVE WAVES IN ACCORDANCE WITH THE PLANS, DETAILS, HARDSCAPE NOTES, AND INTEGRALLY COLORED CONCRETE NOTES 2. CONSTRUCT JOINTS IN DECORATIVE WAVES IN ACCORDANCE WITH THE PLANS, DETAILS, HARDSCAPE NOTES, AND INTEGRALLY COLORED CONCRETE NOTES 3. DECORATIVE WAVES TO UTILIZE COLORED ADMIXTURE TO MATCH AEROSPACE MATERIAL SPECIFICATION STANDARD 595 (AMS-STD) -15200 SKY BLUE COLOR 4. DECORATIVE WAVES TO BE SMOOTH TROWEL FINISH. a U' DECORATIVE BORDER NOTES: o 0 1. CONSTRUCT DECORATIVE BORDER IN ACCORDANCE WITH THE PLANS, DETAILS, HARDSCAPE NOTES, AND INTEGRALLY COLORED CONCRETE NOTES I 2. CONSTRUCT JOINTS IN DECORATIVE BORDER IN ACCORDANCE WITH THE PLANS, DETAILS, HARDSCAPE NOTES, AND INTEGRALLY COLORED CONCRETE NOTES 0 3. DECORATIVE BORDER TO BE 24" DEEP STARTING FROM BACK OF CURB PER THE PLANS. i °w 4. DECORATIVE BORDER TO UTILIZE COLORED ADMIXTURE TO MATCH AMS-STD-20260 TAN COLOR 0i 5. DECORATIVE BORDER TO BE SANDBLAST FINISHED 0 x DECORATIVE SURROUND NOTES: 1. CONSTRUCT DECORATIVE SURROUND IN ACCORDANCE WITH THE PLANS, DETAILS, HARDSCAPE NOTES, AND INTEGRALLY COLORED CONCRETE NOTES. 2. DECORATIVE SURROUND TO CONFORM TO HARDSCAPE NOTES AND INTEGRALLY COLORED CONCRETE NOTES. i u 0 3. DECORATIVE SURROUND COLORED ADMIXTURE TO MATCH AMS-STD-20260 TAN COLOR e u 4. DECORATIVE SURROUND TO BE SANDBLAST FINISHED w2 to ti a i o W o 0O S ti REVISIONS LANDSCAPE ARCHITECT OF RECORD:STATE OF FLORIDA SHEET DATE DESCRIPTION DATE DESCRIPTION BRIAN R. SHORE LA-6666770 DEPARTMENT OF TRANSPORTATION GENERALj, NO. MILLER LEGG V 5747 NORTH ANDREWS WAY ROAD NO. COUNTY FINANCIAL PROJECT ID GE['E.RAL NOTES FORT LAUDERDALE,FLORIDA 33309-2364 9 954-436-7000•WWW.MILLERLEGG.COM SR 804 . PALM BEACH 444079-1-52-01 221 PRECAST TREE GRATE NOTES: 1. CONSTRUCT PRECAST TREE GRATE IN ACCORDANCE WITH THE PLANS, DETAILS, HARDSCAPE NOTES, AND INTEGRALLY COLORED CONCRETE NOTES 2. PRECAST TREE GRATE TO HAVE MINIMUM 28 DAY CURING COMPRESSIVE STRENGTH PER STANDARD SPECIFICATION 347. 3. INTEGRAL COLORED ADMIXTURE TO BE UTILIZED IN PRECAST TREE GRATE PER COLORED ADMIXTURE NOTES 4. PRECAST TREE GRATE COLORED ADMIXTURE TO MATCH AMS-STD-20266 YELLOW SAND COLOR 5. PRECAST TREE GRATE TO BE SANDBLAST FINISHED Li5W 6. PRECAST TREE GRATE TO BE REINFORCED WITH#3 REBAR AS SHOWN IN THE PLAN DETAILS AND IN ACCORDANCE WITH SECTION 931 OF THE STANDARD SPECIFICATIONS. c 7. METAL L-BRACKET SUPPORT TO BE 4'L X 3"W X 3"H X %" THICK GALVANIZED STEEL. u I0 W 8. INSTALL L-BRACKET ALONG CURB LINE AS SHOWN IN THE PLAN DETAILS c 9. L-BRACKET TO BE INSTALLED WITH 3" LONG GALVANIZED WEDGE ANCHORS SPACED 10 INCHES ON CENTER WITH THE CENTER POINT OF THE L-BRACKET AS THE ORIGIN. zo 10. LEVELING SHIMS TO BE HIGH DENSITY POLYETHYLENE OR SIMILAR APPROVED MATERIAL. W 11. PROVIDE A MINIMUM %" GAP BETWEEN TREE GRATE AND DECORATIVE SURROUND o zQ 12. RESIN BONDED AGGREGATE W°z I A. CENTER OF TREE GRATE TO BE FILLED WITH TEMPORARY RESIN BONDED AGGREGATE SURFACE. Q B. BONDED AGGREGATE TO BE COLD BONDED WITH PLASTIC SHEETING OR OTHER APPROVED MATERIAL TO PROTECT TREE GRATE AND AID IN REMOVAL. I to o C. BONDING MATERIAL TO BE ULTRAVIOLET RESISTANT IN COLOR Z.' D. AGGREGATE TO RANGE IN SIZE BETWEEN 6MM AND 12MM. z 0e E. AGGREGATE MIXTURE TO BE A MIX OF LIGHT TO DARK BROWN SMOOTH TEXTURED STONE. 5 F. PROVIDE UNBONDED SAMPLE OF AGGREGATE TO ENIGNEER OF RECORD FOR LANDSCAPE ARCHITECT OF RECORD REVIEW FOLLOWED BY A BONDED SAMPLE. 4 W 2N C5 p o 7 O W CT. O W TA W 9a F REVISIONS LANDSCAPE ARCHITECT OF RECORD:STATE OF FLORIDA DATE DESCRIPTION DATE , DESCRIPTION BRIAN R. SHORE LA-6666770 SHEET y DEPARTMENT OF TRANSPORTATION T p NO LLER LEGG 21 5747 NORTH ANDREWS WAY ROAD NO. COUNTY FINANCIAL PROJECT ID • GENERAL,1V TOTEJ f_FORT LAUDERDALE,FLORIDA 33309-2364 5R 804 PALM BEACH 444079-1-52-01 W-I4 ry 954-436-7000.WWW.MILLERLEGG.COM 222 TYPICAL HARDSCAPE LAYOUT PRECAST TREE GRATE (TYP) SAWCUT (TYP.) 5' O.C. 4 4REFERTOROADWAYPLANSI DECORATIVE WAVE (TYP) DEGREE / MIDPOINT DECORATIVE SURROUND (T2 TYP)- L'8 DECORATIVE SURROUND (T4 TYP) e DECORATIVE BORDER (TYP)-CONSTRUCTION OR C TOOLED JOINT (TYP.) W o aitM gA 2INIT&VX&Mi e4 O WIEWIMMLi 9 ENIMvl1IMM-,—. 10.. oW SEE ROADWAY MMI PLANS FOR RAMPS ZA AND SIDEWALKS b 20' O.C. MINIMUM 20' O.C. MINIMUM uCi SEE ROADWAY PLANS 24" DECORATIVE BORDER w FOR DRIVEWAYS BACK OF CURB V 40' MIN s LII. L,W DECORATIVE CONCRETE NOTES: SIDEWALK NOTES W N iDECORATIVEWAVE, PRECAST TREE GRATE, AND DECORATIVE ALIGN ORIGIN OF 45° 5'X5' SCORING TO DECORATIVE BORDER I .,SURROUND, SHOWN FOR REFERENCE ONLY SEE FDOT STANDARD PLANS INDEX 522-001 I SEE FDOT STANDARD PLANS INDEX 522-001- FOR JOINT DETAILING ti FOR JOINT DETAILING o DRIVEWAY SHOWN FOR REFERENCE ONLY IS P. L• I i U, U Gy 0 0 a REVISIONS LANDSCAPE ARCHITECT OF RECORD: BRIAN R. SHORE LA-6666770 STATE OF FLORIDA SHEET DATE DESCRIPTION DATE DESCRIPTION DEPARTMENT OF TRANSPORTATIONyNO. MILLER LEGG HA J c I n 5747 NORTH ANDREWS WAY ROAD NO. COUNTY FINANCIAL PROJECT ID d gg y y CAPE DE TAILS FORT LAUDERDALE,FLORIDA 33309-2364 LO-15 n 5 954-436-7000•WWW.MILLERLEGG.COM SR 804 PALM REACH 444079-1-52-01 I 1 223 PRECAST TREE GRATE & DECORATIVE SURROUND 24" DECORATIVE BORDER Ph P ' h a ti 3` ,3 REFERENCE 61 1 INN 3 REFERENCE L 11,...11'I/%REFERENCE REFERENCE N i\CNTIMIPOINT r. I POINT N IMG POINT I ! POINT Ma,,.; 6" --1 -J l_ P-6" P-6„ J L- -II- 6'P-6" -I L. 4 L- T_6" 9" J L 4 1- 9„ REFERENCEDECORATIVEDECORATIVEDECORATIVEDECORATIVEPOINT REFERENCE SURROUND = 0.13 SY SURROUND = 0.13 SY SURROUND = 0.18 SY SURROUND = 0.11 SY POINT I Li TI Ti T 14 S POINT' 0i DECORATIVE c NOTE: PRECAST GRATE AND DECORATIVE SURROUND INCLUDED IN THE CONSTRUCTION OF TREE GRATE SYSTEM. BORDER = SY PER PLAN LAYOUT PRECAST TREE GRATE INCLUDING DECORATIVE SURROUND CONCRETE. 6 NOTE: PRECAST TREE GRATES ARE SHOWN FOR '6 REFERENCE PURPOSES ONLY. 6 DECORATIVE WAVE a a W 70 REFERENCE rs, i y CENTER POINT 6 CD OA1 N y p° I. W F 6 90° h 67° R 90° 67° 67° 5 67° °e 67 2vc45. A., _ irA a R 3' rlwv.. w . 7° 67° -20°° ‘;Z:',-. 1 , °90° 14.45° ° p sat REFERENCE N 3'-6" REFERENCE 7'-4"- 8' CENTER POINT 6'-6"- I CENTER POINT 20'TYP u 4 16'-52" 30'40" 54'-6" Az Al & DECORATIVE 81 TI 6.18 SY A2 A2DECORATIVE B2 / V 9.35 AVE SY N A3 A3 & B3TIVE WAVE 19.81 SY oqa REFERENCE a, CENTER POINT qi 0 90° 67° G Q-w 67° SNI, N 90° I 7 5 rat, I, z 67° 67° 67° 67° 67 •0° 45°An 1 45' 45° u: 90" 67° ..\t, walk ..\u 1.7 I to REFERENCE ti 7'-4"3'-6"- 6'-6"- CENTER POINT 8' REFERENCE20,TYPCENTERPOINT a 9 16'-52 30'40" 54'-6" 2 p p a U1 B2 LJ_3 s NOTE: PRECAST TREE GRATES / SURROUNDS ARE SHOWN FOR REFERENCE PURPOSES ONLY DIMENSIONING SHOWN ARE BASED ON LEFT BACK OF CURB LOCATIONS, RIGHT SIDE ARE A MIRRORED OF LEFT SIDE. w z G REVISIONS LANDSCAPE ARCHITECT OF RECORD:STATE OF FLORIDA DATE DESCRIPTION DATE DESCRIPTION BRIAN R. SHORE LA-6666770 SHEET DEPARTMENT'OF TRANSPORTATION 1NO. MILLER LEGGpip n T c I 2 5747 NORTH ANDREWS WAY ROAD NO. COUNTY FINANCIAL PROJECT ID ARDS CAPE DE TAILS 1CFORTLAUDERDALE,FLORIDA 33309-2364 P.9 954-436-7000.WWW.MILLERLEGG.COM SR 804 PALM BEACH 444079-1-52-01 LD-16 224 BONDED RESIN 4, AGGREGATE PLUG W/ COLD BOND 3 REBAR UTILIZING 6" REINFORCEMENT 2 r/ —1-5 r.:::. 4 N:\i_,\ I ...,:. A PLASTIC SHEETING I Nv,,,;.,,,1.,.*41 1.0 AfiliiiIA\ t N 3 REBAR (TYP.) 4 MEM'AI`ME ri if zipziozvl 4I1 =g N o Oa I \ Y b SEEOR INSET DETAILNcI.......i 411111111114001.%1111010- of6" w R I x RECAST TRFF GRATE ISOMETRIC VIEWRECASTTREFGRATFPIANVIEWRFCASTTRFFGRATEREINFORCEMENT T S I Q N.T-S NLS No 2ID 71 DECORATIVE BORDER OR PRECAST TREE GRATE H DECORATIVE WAVE u BONDED RESIN AGGREGATE PRECAST TYPE F CURB SEE •w PLUG WITH COLD BOND TREE GRATE BONDED RESIN AGGREGATE ROADWAY PLANS UTILIZING PLASTIC SHEETING PLUG WITH COLD BONDSEEINSETUTILIZINGPLASTICSHEETING1i DECORATIVE DETAIL 0 PRECAST SURROUND DECORATIVEEROUND f uTREEGRATETYP) 3ad. ( TYP) w VARIES r MINIMUM 1/4" T `^ MINIMUM 1/4" ", aA . NI 7 IN F EMI IMM111 piu 2 q2ANCHOR ATI10 SOC EFR_ - ED1-111-1111t11111-111-111 p CENTER POINT OF BRACKET 1/4" SHIM SPACE I w v SPACE IM 3"X3" L-SHAPE BAR 3" 3,. N LI RECAST TRFF (;RATE / DECORATIVE SURROUNDRECAST TREF GRATE / DECORATIVE SURROUND RECAST TREE GRATF SUPPORT INSFT T S.D INT-S JN-T S i u 7 E.: I- REVISIONS LANDSCAPE ARCHITECT OF RECORD:STATE OF FLORIDA DATE _ DESCRIPTION DATE DESCRIPTION BRIAN R. SHORE LA-6666770 J J n[ SHEET 41i ROAD NO.DEPARTMECouNTT TRANSPORTATION ID yd l yll CAPE DETAILS NO. MILLER LEGG 5747 NORTH ANDREWS WAY FORT LAUDERDALE,FLORIDA 33309-2364 LO-17n9954-436-7000.WWW.MILLERLEGG.COM SR 804 PALM BEACH 444079-1-52-01 225 SECTION No.: 93200000 FM No. (s): 444079-1-52-01 COUNTY: Palm Beach S.R. No.: 804 EXHIBIT C MAINTENANCE PLAN FOR LANDSCAPE IMPROVEMENTS This Exhibit forms an integral part of the DISTRICT FOUR (4) LANDSCAPE MAINTENANCE MEMORANDUM OF AGREEMENT between the State of Florida, Department of Transportation and the AGENCY. Please see attached S:\Transportation Development\Design\In-House Design\Landscape Architecture\AGREEMENTS\1 MOA\BOYNTON BEACH\444079-1\44407915201-MMOA-final-3.7.23.docx 226 MAINTENANCE PLAN Landscape Improvements Project State Road No(s): State Road 804/Boynton Beach Blvd.from NW 3rd Street MP. 8.484)to US-1/Federal Highway(MP. 9.130) Permit or FM No(s): 444079-1-52-01 RLA of Record: Brian R. Shore Maintaining Agency: City of Boynton Beach Date:June 01, 2022 The purpose of a plan for the landscape improvements maintenance practices is to allow the plant material on your project to thrive in a safe and vigorous manner while fulfilling their intended purpose and conserving our natural resources. Plantings and all other landscape improvements within FDOT right of way shall be maintained to avoid potential roadway hazards and to provide required clear visibility,accessibility, clearance,and setbacks as set forth by Florida Department of Transportation (FDOT) governing standards and specifications: FDOT Standard Plans, FDOT Plans Design Manual and FDOT Standard Specifications for Road and Bridge Construction, as amended by contract documents, and all other requirements set forth by the District 4 Operations Maintenance Engineer. Part I of the Maintenance Plan describes general maintenance requirements and recommendations and is standard to all projects. Part II provides recommendations prepared by the Registered Landscape Architect of Record specific to the attached approved plans. PART I. GENERAL MAINTENANCE REQUIREMENTS AND RECOMMENDATIONS: WATERING REQUIREMENTS Watering is a critical concern for not only the maintenance of healthy plant material but also for observing water conservation practices. The amount of water to apply at any one time varies with the weather, drainage conditions and water holding capacity of the soil. For plant materials that have been established, it is imperative that any mandated water restrictions be fully conformed to on FDOT roadways. Proper watering techniques should provide even and thorough water dispersal to wet the entire root zone, but not saturate the soil or over-spray onto travel lanes. IRRIGATION SYSTEM The Agency shall ensure there are no roadway overspray or irrigation activities during daytime hours most notably "rush hour' traffic periods). It is imperative the irrigation controller is properly set to run early enough that the watering process will be entirely completed before high traffic periods, while adhering to mandated water restrictions. To ensure water conservation, the Agency shall monitor the system for water leaks and the rain sensors to ensure they are functioning properly so that the system shuts down when there is sufficient rainfall. MULCHING Mulch planting beds to prevent weed growth, retain moisture to the plants, protect against soil erosion and nutrient loss, maintain a more uniform soil temperature, and improve the appearance of the planting beds. Do not mound mulch against the trunks of trees, palms, and the base of shrubs to allow air movement which aids in lowering disease susceptibility. Cypress mulch is prohibited on state right of way. S:\Transportation Development\Design\In-House Design\Landscape Architecture\AGREEMENTS\1 MOA\BOYNTON BEACH\444079-1\44407915201-MMOA-final-3.7.23.d ocx 227 INTEGRATED PLANT MANAGEMENT An assessment of each planting area's soil is recommended to periodically determine the nutrient levels needed to sustain healthy, vigorous plant growth. Palms, shrubs, trees, and turf areas shall be fertilized in such a manner and frequency to ensure that the plant material remains healthy and vigorously growing. Please be alert to changes in fertilization types per University of Florida, Institute of Food and Agricultural Services (I.F.A.S.) recommendations. Establishment of an integrated pest management program is encouraged to ensure healthy plants,which are free of disease and pests. PRUNING All pruning, and the associated safety criteria, shall be performed according to American National Standard Institute (ANSI) A300 standards and shall be supervised by an International Society of Arboriculture (ISA) Certified Arborist. Pruning shall be carried out with the health and natural growth of plant materials in mind, to achieve the FDOT requirements for maintaining clear visibility for motorists, and provide vertical clearance for pedestrian, bicyclist, and truck traffic where applicable. Visibility windows must be maintained free of view obstructions, and all trees and palms must be maintained to prevent potential roadway and pedestrian hazards. All palms are to be kept fruit free. The understory plant materials selected for use within the restricted planting areas(Limits of Clear Sight)are to be mature height in compliance with the FDM Window Detail. Vertical clear zones for vegetation heights over roadways and sidewalks must meet the requirements of the FDOT Maintenance Rating Program (MRP) standards. See Reference pages. The R.L.A. of Record will provide the specific pruning heights for mature or maintained height and spread of all plant material to achieve the design intent shall be noted in Part II., Specific Project Site Maintenance Requirements and Recommendations. STAKING AND GUYING All staking materials are to be removed after one year or as directed by the RLA of Record.). Any subsequent staking and guying activities by the Agency must adhere to FDOT Standard Plans guidelines See Index 580-001). The Agency shall closely monitor staking and guying attachment materials so that they are securely fastened to avoid potential roadway hazards. TURF MOWING All grassed areas are to be mowed and trimmed with sufficient frequency to maintain a deep, healthy root system while providing a neat and clean appearance to the urban landscape.All turf efforts, mowing, curb/sidewalk edging and turf condition, must at a minimum, meet FDOT Maintenance Rating Program MRP). LITTER CONTROL The project site shall remain as litter free as practicable. It is recommended to recycle this litter to avoid unnecessary waste by its reuse. Litter removal efforts must meet FDOT Maintenance Rating Program MRP)standards. WEEDING/HERBICIDE All planting areas shall be maintained as weed free as practicable by enlisting integrated pest management practices in areas specified on the plans and maintaining proper mulch levels. Extreme care is recommended when using a chemical herbicide to avoid overspray onto plant materials. It is the applicator's responsibility to restore any damage resulting from overspray to the plantings, per the approved plans. S:\Transportation Development\Design\In-House Design\Landscape Architecture\AGREEMENTS\1 MOA\BOYNTON BEACH\444079-1\44407915201-MMOA-final-3.7.23.docx 228 PLANT REPLACEMENT Plant replacement shall be the same species and specification as the approved plan. Move and replace all plant materials that may conflict with utility relocations and service. Only plants graded Florida #1 or better, per the Florida Department of Agriculture and Consumer Services, Grades and Standards for Nursery Plants are permitted on FDOT roadways. Should it become necessary to change the species, a permit is required from FDOT for approval by the FDOT District Landscape Architect. TREE CELL STRUCTURES Underground tree cells shall be maintained in such a manner as to-prolong the life of the structure and prevent potential safety hazards. If the structures fail or become damaged, they shall be replaced with the same type and specification as the approved plan. LANDSCAPE ACCENT LIGHTING Landscape accent lighting shall be maintained in such a manner as to prolong the life of the lighting fixture and prevent potential safety hazards. If the lighting fixtures and their system become damaged, they shall be replaced with the same type and specification as the approved plan. Landscape lighting shall meet requirements for the sea turtle nesting and hatching. HARDSCAPE (SPECIALTY SURFACING) All tree grates and specialty surfacing (if applicable) shall be maintained in such a manner as to prevent any potential tripping hazards and protect damage to the surfacing and tree grates. Final surface tolerance from grade elevations shall, at a minimum, meet the most current FDOT Maintenance Rating Program Handbook for a sidewalk; ADA accessible sidewalk; and FDOT Design Standards for Design, Construction, Maintenance and Utility Operations on The State Highway System. If the specialty surfacing or tree grates become damaged, they shall be replaced with the same type and specification as the approved plan. HARDSCAPE (CONCRETE PAVERS) All concrete pavers (if applicable) shall be maintained in such a manner as to prevent any potential tripping hazards and protect damage to the pavers. Final surface tolerance from grade elevations shall, at a minimum, meet the most current Interlocking Concrete Pavement Institute (ICPI), Guide Specifications for Pavers on an Aggregate Base, Section 23 14 13 Interlocking Concrete Pavers, Part 3.05. If the concrete pavers become damaged, they shall be replaced with the same type and specification as the approved plan. It shall be the responsibility of the AGENCY to maintain all signs located within a non-standard surfacing area. Such maintenance to be provided by the AGENCY shall include repair and replacement of the sign panel, post, and base. HARDSCAPE (NON-STANDARD TRAVELWAY SURFACING) It shall be the responsibility of the AGENCY to restore an unacceptable ride condition of the roadway, including asphalt pavement (if applicable), caused, or contributed by the installation or failure of non- standard surfacing, and/or the header curb, on the Department of Transportation right of way within the limits of this Agreement. Pavement restoration areas or "patches" will have a minimum length of 10-ft, measured from the edge of the header curb, and a width to cover full lanes for each lane affected by the restoration. Pavement restoration will be performed in accordance with the most current edition of the FDOT Standard Specifications for Road and Bridge Construction, and the FDOT Design Standards for Design, Construction, Maintenance and Utility Operations on the State Highway System. S:\Transportation Development\Design\In-House Design\Landscape Architecture\AGREEMENTS\1 MOA\BOYNTON BEACH\444079-1\44407915201-MMOA-final-3.7.23.docx 229 SITE FURNISHINGS Site furnishing such as Trash Receptacles, Benches, Bollards and Bicycle Racks shall be maintained in such a manner as to prolong the life of the fixture and prevent potential safety hazards. If the fixtures and their overall function and mounting systems become damaged,they shall be replaced with the same type and specification as the approved plan. MAINTENANCE OF TRAFFIC CONTROL Reference the FDOT website regarding the selection of the proper traffic control requirements to be provided during routine maintenance and/or new installations of this DOT roadway. VEGETATION MANAGEMENT AT OUTDOOR ADVERTISING (ODA) IF APPLICABLE) To avoid conflicts with permitted outdoor advertising, please reference the State of Florida website regarding the vegetation management of outdoor advertising. This website provides a portal to search the FDOT Outdoor Advertising Inventory Management System Database. The database contains an inventory of outdoor advertising structures, permits and other related information maintained by the Department. Also, reference the Florida Highway Beautification Program website link for Vegetation Management at ODA signs Florida Statutes and Florida Administrative Code related to vegetation management at outdoor advertising sign, permit applications for vegetation management and determining mitigation value of roadside vegetation. PART II. SITE SPECIFIC PROJECT MAINTENANCE REQUIREMENTS AND RECOMMENDATIONS: 1. The Design Intent is to provide future palm planting locations along the corridor integrating patterned concrete design and concrete tree grates. 2. Concrete tree grates and concrete pavement shall be inspected on a quarterly basis for aesthetic appearance and safety conditions. Address any issues identified by repairing or replacing those specific locations. To maintain the overall aesthetic appearance and safety of the concrete tree grates and colored concrete pavement, they shall be cleaned on a twice-yearly basis to prevent mold, dirt, oil, and gum build up. Joints and cracks in concrete, patterned concrete, concrete curbs, expansion joints, catch basins, gutter areas, etc. shall be inspected on a monthly basis to keep those areas free of weeds. S:\Transportation Development\Design\In-House Design\Landscape Architecture\AGREEMENTS\1 MOA\BOYNTON BEACH\444079-1\44407915201-M M OA-final-3.7.23.docx 230 REFERENCES-(4-27-20) This reference list is provided as a courtesy. The list may not contain the most current websites. The most current references must be accessed for up-to-date information. Accessible Sidewalk(ADA) http://www.access-board.gov/guidelines-and-standards/streets-sidewalks Americans with Disabilities Act(ADA)(ADAAG) http://www.ada.gov/2010ADAstandards index.htm American National Standard Institute,ANSI A300, (Part 1) for Tree Care Operations- Trees, Shrub, and Other Woody Plant Maintenance-Standard Practices(Pruning), available for purchase http://webstore.ansi.orq Florida Department of Agriculture and Consumer Services, Division of Plant Industry, Florida Grades and Standards for Nursery Plants 2015 http://www.freshfromflorida.com/Divisions-Offices/Plant- Industry/Bureaus-and-Services/Bureau-of-Plant-and-Apiary-Inspection Florida Department of Community Affairs (DCA), Florida Board of Building Codes&Standards, 2017 Florida Building Code, Chapter 11 Florida Accessibility Code for Building Construction Part A http://www.floridabuildinq.orq/fbc/workgroups/Accessibilitv Code Workgroup/Documentation/CHAPTER 11 w fla specifics.htm Florida Department of Transportation, Program Management, Maintenance Specifications Workbook Supplemental Specifications, Section 580 Landscape Installation http://www.fdot.gov/programmanagement/Maintenance/2019Jan/default.shtm Florida Department of Transportation, FDOT Standard Plans for Design, Construction, Maintenance and Utility Operations on the State Highway System, Index 580-001 Landscape Installation http://www.fdot.gov/design/standardplans/current/I Dx/580-001.pdf Florida Department of Transportation, FDOT Design Manual for Design, Construction, Maintenance and Utility Operations on the State Highway System, Chapter 212.11 Clear Sight Triangles http://www.fdot.gov/roadway/FD M/cu rrent/2018FDM212I ntersections.pdf Florida Department of Transportation, FDOT Design Manual for Design, Construction, Maintenance and Utility Operations on the State Highway System, Chapter 215.2.3 Clear Zone Criteria, Chapter 215.2.4 Lateral Offset, Table 215.2.1 Clear Zone Width Requirements, and Table 215.2.2 Lateral Offset Criteria (for Trees) http://www.fdot.gov/roadway/FDM/current/2018FDM2I 5RoadsideSafetv.pdf Florida Department of Transportation, FDOT Standard Plans for Design, Construction, Maintenance and Utility Operations on the State Highway System, Index Series 102-600 Traffic Control through Work Zones http://www.fdot.gov/design/standardplans/current/I Dx/102-600.pdf Department of Transportation, Landscape Architecture Website www.MyFloridaBeautiful.com Florida Department of Transportation, Maintenance Rating Program Handbook http://www.dot.state.fl.us/statemaintenanceoffice/MaintRatinaProg ram.shtm Florida Department of Transportation Outdoor Advertising Database http://www2.dot.state.fl.us/rightofwav/ Florida Exotic Pest Plant Council Invasive Plant Lists http://www.fleppc.orq/list/list.htm Florida Irrigation Society http://www.fisstate.o[g Florida Power and Light(FPL), Plant the Right Tree in the Right Place http://www.fpl.com/residential/trees/right tree right place.shtml S:\Transportation Development\Design\In-House Design\Landscape Architecture\AGREEMENTS\1 MOA\BOYNTON BEACH\444079-1\44407915201-MMOA-final-3.7.23.docx 231 SECTION No.: 93200000 FM No. (s): 444079-1-52-01 COUNTY: Palm Beach S.R. No.: 804 EXHIBIT D APPROXIMATE COST FOR LANDSCAPE IMPROVEMENTS This Exhibit forms an integral part of the DISTRICT FOUR (4) LANDSCAPE MAINTENANCE MEMORANDUM OF AGREEMENT between the State of Florida Department of Transportation and the AGENCY. DECORATIVE COLORED CONCRETE & UNIT 0921-351QTY UNIT COST PRECAST TREE GRATE SYSTEM PRICE Decorative Wave (Sky Blue) 750 SY $225.00 $168,750.00 Decorative Border(Tan) 650 SY $225.00 $146,250.00 Tree Grate Decorative Surround (Tan) 230 SY $225.00 $ 51,750.00 Tree Grate (Precast, 1.6 SY x 147) 147 SY $225.00 $ 33,075.00 OPINION OF PROBABLE COST: $399,825.00 The above costs are included in the Agency's financial responsibility, as outlined in the Locally Funded Agreement executed by the Department and the City of Boynton Beach on July 12th, 2022, and approved with Agency Resolution R22-089. S:\Transportation Development\Design\In-House Design\Landscape Architecture\AGREEMENTS\1 MOA\BOYNTON BEACH\444079-1\44407915201-MMOA-final-3.7.23.docx 232 SECTION No.: 93200000 FM No. (s): 444079-1-52-01 COUNTY: Palm Beach S.R. No.: 804 EXHIBIT E RESOLUTION This Exhibit forms an integral part of the DISTRICT FOUR (4) LANDSCAPE MAINTENANCE MEMORANDUM OF AGREEMENT between the State of Florida, Department of Transportation and the AGENCY. Please see attached S:\Transportation Development\Design\In-House Design\Landscape Architecture\AGREEMENTS\1 MOA\BOYNTON BEACH\444079-1\44407915201-MMOA-final-3.7.23.docx 233 234838 06/18/2025 | 9:38 AM EDT 06/18/2025 | 9:38 AM EDT 235839 City of Boynton Beach Agenda Item Request Form 6.E Consent Agenda 11/18/2025 Meeting Date: 11/18/2025 Proposed Resolution No. R25-296- Approve Amendment No.1 to Management Agreement between the City of Boynton Beach and the Boynton Cultural Centre, Inc. (Schoolhouse Children's Museum). Requested Action: Staff recommends approval of Proposed Resolution No. R25-296. Explanation of Request: In 2010 the City and the Boynton Cultural Centre, Inc., d/b/a Schoolhouse Children's Museum (SCM) entered into a management agreement to formally define the operation and maintenance of the Schoolhouse Children's Museum. In 2014, the management agreement was revised to clearly define obligations of both parties. The current amendment simply outlines how the City Commission will gain access to the SCM Quarterly Report. If approved, the Executive Director of the SCM will forward the quarterly report to the City Manager, or designee. They will then email the quarterly report to City Commission and cease placing the report on the City Commission Agenda. How will this affect city programs or services? This will help streamline the Commission Agenda. Account Line Item and Description: N/A Fiscal Impact: None Attachments: R25-296 Agenda_Item_3955-2025_-_Resolution_for_Amendment_No._1_- _Boynton_Cultural_Centre__Inc..docx Amendment - Management Agreement - Boynton Cultural Centre, Inc..docx 236 RESOLUTION NO. R25-296 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 1 BEACH, FLORIDA, APPROVING AMENDMENT NO. 1 TO MANAGEMENT 2 AGREEMENT WITH BOYNTON CULTURAL CENTRE, INC.; PROVIDING AN 3 EFFECTIVE DATE; AND FOR ALL OTHER PURPOSES. 4 5 WHEREAS, on October 1, 2014, the City and Boynton Cultural Centre, Inc. (“Cultural 6 Centre”), entered into a Management Agreement (the “Agreement”) to formally define the 7 operation and maintenance of the Schoolhouse Children’s Museum, approved by Resolution No. 8 R14-106 on October 21, 2014; and 9 WHEREAS, the City and Cultural Centre desire to amend the Agreement to outline how 10 the City Commission will gain access to the SCM Quarterly Report; and 11 WHEREAS, the City Commission of the City of Boynton Beach, Florida, deems it to be in 12 the best interests of the citizens and residents of the City of Boynton to approve Amendment 13 No. 1 to Management Agreement with Boynton Cultural Centre, Inc. 14 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 15 BEACH, FLORIDA, THAT: 16 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 17 being true and correct and are hereby made a specific part of this Resolution upon adoption 18 hereof. 19 SECTION 2. The City Commission hereby approves Amendment No. 1 to Management 20 Agreement with Boynton Cultural Centre, Inc. (the “Amendment”), in form and substance similar 21 to that attached as “Exhibit A”. 22 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby 23 authorizes the Mayor to execute the Amendment. The Mayor is further authorized to execute 24 any ancillary documents required under the Amendment or necessary to accomplish the 25 purposes of this Resolution. 26 SECTION 4. The fully executed Amendment shall be retained by the City Clerk as a 27 public record of the City, and a copy shall be provided to Miriam Naranjo to forward to the 28 Cultural Centre. 29 SECTION 5. This Resolution shall take effect as provided by law. 30 [SIGNATURES ON FOLLOWING PAGE] 31 237 RESOLUTION NO. R25-296 PASSED AND ADOPTED this _____ day of __________________ 2025. 32 CITY OF BOYNTON BEACH, FLORIDA 33 YES NO 34 35 Mayor – Rebecca Shelton _____ _____ 36 37 Vice Mayor – Woodrow L. Hay _____ _____ 38 39 Commissioner – Angela Cruz _____ _____ 40 41 Commissioner – Thomas Turkin _____ _____ 42 43 Commissioner – Aimee Kelley _____ _____ 44 45 VOTE ______ 46 ATTEST: 47 48 49 _____________________________ ______________________________ 50 Maylee De Jesús, MPA, MMC Rebecca Shelton 51 City Clerk Mayor 52 53 APPROVED AS TO FORM: 54 55 (Corporate Seal) 56 _______________________________ 57 Shawna G. Lamb 58 City Attorney 59 238 First Amendment to Management Agreement – Boynton Beach Cultural Centre, Inc. Page 1 of 3 AMENDMENT NO. 1 TO MANAGEMENT AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND BOYNTON CULTURAL CENTRE, INC. This First Amendment (“Amendment”) is entered into by and between the City of Boynton Beach, a Florida municipal corporation (“City”), and Boynton Cultural Centre, Inc., a Florida non- profit corporation (“Cultural Centre”) (collectively referred to as the “Parties”). RECITALS A. On October 1, 2014, the Parties entered into “Management Agreement” (the “Agreement”) to formally define the operation and maintenance of the Schoolhouse Children’s Museum. B. The Parties desire to amend the Agreement to outline how the City Commission will gain access to the SCM Quarterly Report. Now, therefore, in consideration of the mutual terms and conditions, promises, covenants, and payments hereinafter set forth, City and Cultural Centre agree as follows: 1. The above Recitals are true and correct and are incorporated herein by reference. All capitalized terms not expressly defined within this Amendment shall retain the meaning ascribed to such terms in the Agreement. 2. Except as modified herein, all remaining terms and conditions of the Agreement shall remain in full force and effect. 3. The Agreement is hereby amended as follows: Amendment to Section 2.0. Obligations of the Cultural Centre: Section 2.3. of the Agreement is hereby deleted and replaced with the following language: “2.3. The Cultural Centre shall report quarterly to the City Commission on all of its activities, achievements, revenues, and expenditures. A quarterly written report shall be emailed to the City Manager or designee. The quarterly report will be forward ed to all City Commissioners for review via email.” 4. In the event of any conflict or ambiguity between this Amendment and the Agreement, the Parties agree that this Amendment shall control. The Agreement, as amended herein by this Amendment, incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein, and the Parties agree that there are no commitments, agreements, or understandings concerning the subject matter hereof that are not contained in the Agreement as amended in this Amendment. Accordingly, the Parties 239 First Amendment to Management Agreement – Boynton Beach Cultural Centre, Inc. Page 2 of 3 agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. 5. Cultural Centre acknowledges that through the date this Amendment is executed by Cultural Centre, Cultural Centre has no claims or disputes against City with respect to any of the matters covered by the Agreement. 6. The following new sections are added to the Agreement as follows: Section 16.0 Background Screening: 16.1 The Cultural Centre shall ensure that all employees, contractors, and volunteers who have direct contact with children at the Museum or in connection with any programs or activities conducted by the Cultural Centre undergo Level II background screening as required by Chapter 435, Florida Statutes, prior to commencing any duties involving contact with children. The Cultural Centre shall maintain documentation of all required background screenings and shall make such documentation available to the City upon request. 7. The effective date of this Amendment shall be the date of complete execution by the Parties. 8. This Amendment may be executed in multiple originals, and may be executed in counterparts, whether signed physically or electronically, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. (The remainder of this page is blank.) 240 First Amendment to Management Agreement – Boynton Beach Cultural Centre, Inc. Page 3 of 3 IN WITNESS OF THE FOREGOING, the parties have set their hands and sealed the day and year first written above. CITY OF BOYNTON BEACH, FLORIDA BOYNTON BEACH CULTURAL CENTRE, INC. _________________________________ ________________________________ Rebecca Shelton, Mayor Approved as to Form: __________________________________ (Signature) ________________________________ Print Name of Authorized Official ________________________________ Title Shawna G. Lamb, City Attorney Attested/Authenticated: __________________________________ Maylee DeJesus, City Clerk (Corporate Seal) Attest/Authenticated: _________________________________ (Signature), Witness __________________________________ Print Name 241 City of Boynton Beach Agenda Item Request Form 6.F Consent Agenda 11/18/2025 Meeting Date: 11/18/2025 Proposed Resolution No. R25-297- Approve and authorize the Mayor (or designee) to apply for the State permit necessary to temporarily close Federal Highway on Saturday, December 6, 2025, for the 54th Annual Holiday Parade. Requested Action: Staff recommends approval of Proposed Resolution No. R25-297. Explanation of Request: Federal Highway, between Woolbright Road and N.E. 1st Avenue, serves as the staging and parade route for the Annual Holiday Parade. The closing of this road requires a permit from the Florida Department of Transportation (FDOT) and pursuant to Chapter 14-65 of the Florida Administrative Code, FDOT requires local governments to submit a Request for Temporary Closing/Special Use of State Road along with a resolution authorizing the event. How will this affect city programs or services? The Parade is scheduled to start at 4:00 P.M. on Saturday, December 6, 2025. It will travel north on Federal Highway. It will be necessary to close Federal Highway beginning at 12:00 P.M. from Boynton Beach Boulevard south to Woolbright Road. It is expected that the road will re-open between 9:00 P.M. and 10:00 P.M. Budgeted Item: Yes Account Line Item and Description: Special Events: 001-1213-519-4824 Fiscal Impact: The Holiday Parade is a budgeted item within the Event Division budget. No additional impact expected. Attachments: R25-297 Agenda_Item_3957- 2025_Resolution_to_apply_for_State_permit_to_close_Federal_Hwy_for_12.6.25_Annual_Holiday_parade.docx 242 RESOLUTION NO. R25-297 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 1 BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR, OR 2 DESIGNEE, TO APPLY FOR THE STATE PERMIT NECESSARY TO 3 TEMPORARILY CLOSE FEDERAL HIGHWAY ON SATURDAY, DECEMBER 4 6, 2025, FOR THE 54TH ANNUAL HOLIDAY PARADE; AND FOR ALL 5 OTHER PURPOSES. 6 7 WHEREAS, Federal Highway, between Woolbright Road and N.E. 1st Avenue, serves as the 8 staging and parade route for the Annual Holiday Parade. The closing of this road requires a permit 9 from the Florida Department of Transportation (FDOT), and pursuant to Chapter 14-65 of the 10 Florida Administrative Code, FDOT requires local governments to submit a Request for Temporary 11 Closing/Special Use of State Road, along with a resolution authorizing the event; and 12 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 13 best interests of the city's citizens and residents to approve and authorize the Mayor, or designee, 14 to apply for the State permit necessary to temporarily close Federal Highway on Saturday, 15 December 6, 2025, for the 54th Annual Holiday Parade. 16 17 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 18 BEACH, FLORIDA, THAT: 19 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 20 being true and correct and are hereby made a specific part of this Resolution upon adoption. 21 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 22 approve and authorize the Mayor, or designee, to apply for the State permit necessary to 23 temporarily close Federal Highway on Saturday, December 6, 2025, for the 54th Annual Holiday 24 Parade. The Mayor or designee is further authorized to execute any ancillary documents as may 25 be necessary to accomplish the purpose of this Resolution. 26 SECTION 3. This Resolution shall take effect in accordance with the law. 27 [SIGNATURES ON THE FOLLOWING PAGE] 28 243 RESOLUTION NO. R25-297 PASSED AND ADOPTED this ______________ day of ______________________________ 2025. 29 CITY OF BOYNTON BEACH, FLORIDA 30 YES NO 31 Mayor – Rebecca Shelton _____ _____ 32 33 Vice Mayor – Woodrow L. Hay _____ _____ 34 35 Commissioner – Angela Cruz _____ _____ 36 37 Commissioner – Thomas Turkin _____ _____ 38 39 Commissioner – Aimee Kelley _____ _____ 40 41 VOTE ______ 42 ATTEST: 43 44 _____________________________ ______________________________ 45 Maylee De Jesús, MPA, MMC Rebecca Shelton 46 City Clerk Mayor 47 48 APPROVED AS TO FORM: 49 (Corporate Seal) 50 51 _______________________________ 52 Shawna G. Lamb 53 City Attorney 54 244 City of Boynton Beach Agenda Item Request Form 6.G Consent Agenda 11/18/2025 Meeting Date: 11/18/2025 Proposed Resolution No. R25-301- Approving an Interlocal Agreement between the City and the Boynton Beach Community Redevelopment Agency for Funding for Beautification Technicians. Proposed Resolution No. R25-302- Approving an Interlocal Agreement between the City and the Boynton Beach Community Redevelopment Agency for Funding for Code Enforcement Officers. Proposed Resolution No. R25-303- Approving an Interlocal Agreement between the City and the Boynton Beach Community Redevelopment Agency for Funding for the Engineer/Project Manager position. Proposed Resolution No. R25-304- Approving an Interlocal Agreement between the City and the Boynton Beach Community Redevelopment Agency for Funding Boynton Beach Police Department Cameras. Proposed Resolution No. R25-305- Approving the Revised Exhibit A to the Interlocal Agreement for Funding Construction and Professional Services between the City and CRA (Fiscal Year 2025-2026 Projects) as approved by the CRA Board on November 10th, 2025. Proposed Resolution No. R25-306- Approving a Budget Amendment for Fiscal Year 2025-2026, Amending the Capital Appropriation for the Inn at Boynton Demolition Project. Requested Action: Staff recommends approval of Proposed Resolutions No. R25-301, R25- 302, R25-303, R25-304, R25-305 and R28-306. Explanation of Request: Pursuant to Chapter 163, Part III, Florida Statutes, and the adopted Community Redevelopment Plan, the City and CRA have identified several collaborative initiatives intended to support redevelopment, neighborhood stabilization, beautification, and public safety within CRA boundaries. To that end, four Interlocal Agreements have been developed as follows: 1. Beautification Technicians (2 positions) – Establishes two City positions focused on landscaping, maintenance, and enhancement of publicly owned spaces within the CRA District. - CRA Funding: Not to exceed $147,000 annually. - Purpose: Support CRA beautification goals by maintaining medians, parks, and right-of-way corridors along Federal Highway and related areas. 2. Code Enforcement Officers (4 positions) – Establishes four City positions dedicated 245 exclusively to proactive code enforcement within CRA boundaries. - CRA Funding: Not to exceed $308,964 annually. - Purpose: Improve property maintenance and compliance, enhance neighborhood conditions, and coordinate with CRA businesses and residents. 3. CRA Project Manager (Engineer/Project Manager) – Establishes one new City position dedicated to planning, design, and construction management of CRA-funded capital projects. - CRA Funding: Not to exceed $160,000 annually. - Purpose: Manage CRA infrastructure projects, coordinate permitting, oversee contractors, and serve as liaison between City and CRA departments. 4. Police Department Video Surveillance Cameras – Provides CRA funding for the purchase and installation of up to fourteen (14) surveillance cameras at roadway intersections and shopping plazas within CRA boundaries. - CRA Funding: Not to exceed $60,000 total. - Purpose: Support community policing efforts, improve safety, and deter criminal activity in redevelopment areas. Each agreement provides for CRA reimbursement to the City on a quarterly basis, includes standard public records and indemnification clauses, and is consistent with the Community Redevelopment Plan’s objectives to promote safe, well-maintained, and economically vibrant neighborhoods. In addition, this item includes the Revised Exhibit A (Fiscal Year 2025-2026 Projects) approved by the CRA Board on November 10th, 2025, which updates funding allocations to reflect current fiscal year costs, as well as a Budget Amendment for Fiscal Year 2025-2026, Amending the Capital Appropriation for the Inn at Boynton Demolition Project. How will this affect city programs or services? The proposed Interlocal Agreements will strengthen City service delivery and operational capacity within the Community Redevelopment Area without increasing the City’s General Fund expenditures. By funding City positions and initiatives through CRA reimbursement, the agreements expand the City’s ability to: - Accelerate design, permitting, and construction of CRA-funded capital improvement projects. - Improve neighborhood appearance, landscaping, and maintenance within key public corridors. - Enhance code compliance and community engagement through dedicated enforcement staff. - Support community policing and safety through new surveillance technology. Budgeted Item: Yes Fiscal Impact: Total CRA funding across all four agreements shall not exceed $675,964 for FY2025–2026. Each agreement is subject to annual budgetary appropriation by the CRA and will be reimbursed to the City upon documented expenditure. Attachments: R25-301 Agenda_Item_3941- 246 2025_Resolution_for_City_and_CRA_Interlocal_for_Beautification_Technician.docx R25-302 Agenda_Item_3941- 2025_Resolution_for_City_and_CRA_Interlocal_for_Code_Enforcement_Officers.docx R25-303 Agenda_Item_3941- 2025_Resolution_for_City_and_CRA_Interlocal_for_Engineer_Project_Manager_position.docx R25-304 Agenda_Item_3941- 2025_Resolution_for_City_and_CRA_Interlocal_for_Police_Department_Cameras.docx R25-305 Agenda_Item_3941- 2025_Resolution_for_City_and_CRA_Revised_Exhibit_A_to_Funding_Construction_Interlocal.docx R25-306 Agenda_Item_3941-2025___Budget_Amendment_Resolution.docx 25_1028_Beautification Technician Interlocal Agreement_Revised.docx Code_Enforcement_Interlocal_Agreement_4929-6960-3940_v-Revised.docx Interlocal_Agreement_for_CRA_Project_Manager_with_Comments.docx 25_1027_Interlocal Agreement for Video Surveillance Cameras (002).docx 25_1028_FY25-26 Exhibit A Revised.pdf Exhibit B - FY2526 Fund 302 Budget Amendment Inn at Boynton.pdf 247 RESOLUTION NO. R25-301 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 1 BEACH, FLORIDA, APPROVING AN INTERLOCAL AGREEMENT 2 BETWEEN THE CITY AND THE BOYNTON BEACH COMMUNITY 3 REDEVELOPMENT AGENCY FOR FUNDING FOR BEAUTIFICATION 4 TECHNICIANS; AND FOR ALL OTHER PURPOSES. 5 6 WHEREAS, the City Commission of the City of Boynton Beach, Florida, has determined 7 that one or more slum or blighted areas exist within the City of Boynton Beach; and 8 WHEREAS, the City Commission established the Community Redevelopment Agency 9 (“CRA”) for the purpose of carrying out redevelopment activities within those identified slum and 10 blighted areas; and 11 WHEREAS, the prevention and elimination of slums and blight is a matter of state policy 12 and public concern, as recognized under Florida law; and 13 WHEREAS, the City and the CRA may incur the entire expense of public improvements for 14 the purpose of aiding in the planning, undertaking, or carrying out of community redevelopment 15 and related activities; and 16 WHEREAS, the CRA may lend, grant, or contribute funds to a municipality for the purpose 17 of aiding in the planning, undertaking, or carrying out of community redevelopment and related 18 activities; and 19 WHEREAS, the City and the CRA desire for the City to establish two (2) new positions titled 20 “Beautification Technician (CRA)”; and 21 WHEREAS, the Beautification Technician (CRA) positions will enhance the publicly owned 22 areas (including rights-of-way) exclusively within the CRA boundaries, including park entrances, 23 medians, and along Federal Highway, and may assist with landscape/landscape design of medians; 24 and 25 WHEREAS, the CRA desires to provide funding to the City for the two (2) Beautification 26 Technician (CRA) positions through reimbursement; and 27 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 28 best interests of the City's citizens and residents to approve an Interlocal Agreement between the 29 City and the Boynton Beach Community Redevelopment Agency for Funding for Beautification 30 248 RESOLUTION NO. R25-301 Technicians. 31 32 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 33 BEACH, FLORIDA, THAT: 34 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 35 being true and correct and are hereby made a specific part of this Resolution upon adoption. 36 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 37 approve an Interlocal Agreement between the City and the Boynton Beach CRA for Funding for 38 Beautification Technicians (the “Agreement”), in form and substance similar to that attached as 39 Exhibit A. 40 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby 41 authorizes the Mayor to execute the Agreement. The Mayor is further authorized to execute any 42 ancillary documents required under the Agreement or necessary to accomplish the purposes of 43 the Agreement, including any term extensions as provided in the Agreement, provided such 44 documents do not modify the financial terms or material terms. 45 SECTION 4. Upon full execution of the Interlocal Agreement, the Interlocal Agreement 46 shall be filed with the Clerk of the Circuit Court of Palm Beach County, Florida, as required by 47 Section 163.01(11), Florida Statutes, for interlocal agreements. 48 SECTION 5. This Resolution shall take effect in accordance with the law. 49 [SIGNATURES ON THE FOLLOWING PAGE] 50 51 249 RESOLUTION NO. R25-301 PASSED AND ADOPTED this ______________ day of ______________________________ 2025. 52 CITY OF BOYNTON BEACH, FLORIDA 53 YES NO 54 Mayor – Rebecca Shelton _____ _____ 55 56 Vice Mayor – Woodrow L. Hay _____ _____ 57 58 Commissioner – Angela Cruz _____ _____ 59 60 Commissioner – Thomas Turkin _____ _____ 61 62 Commissioner – Aimee Kelley _____ _____ 63 64 VOTE ______ 65 ATTEST: 66 67 _____________________________ ______________________________ 68 Maylee De Jesús, MPA, MMC Rebecca Shelton 69 City Clerk Mayor 70 71 APPROVED AS TO FORM: 72 (Corporate Seal) 73 74 _______________________________ 75 Shawna G. Lamb 76 City Attorney 77 250 RESOLUTION NO. R25-302 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 1 BEACH, FLORIDA, APPROVING AN INTERLOCAL AGREEMENT 2 BETWEEN THE CITY AND THE BOYNTON BEACH COMMUNITY 3 REDEVELOPMENT AGENCY FOR FUNDING FOR CODE ENFORCEMENT 4 OFFICERS; AND FOR ALL OTHER PURPOSES. 5 6 7 WHEREAS, the City Commission of the City of Boynton Beach, Florida, has determined 8 that one or more slum or blighted areas exist within the City of Boynton Beach; and 9 WHEREAS, the City Commission established the Community Redevelopment Agency 10 (“CRA”) for the purpose of carrying out redevelopment activities within those identified slum and 11 blighted areas; and 12 WHEREAS, the prevention and elimination of slums and blight is a matter of state policy 13 and public concern, as recognized under Florida law; and 14 WHEREAS, the CRA Plan has identified goals to encourage and initiate various code 15 enforcement policies, as well as other means deemed feasible and appropriate to stabilize and 16 enhance neighborhoods and commercial areas; and 17 WHEREAS, the CRA may lend, grant, or contribute funds to a municipality for the purpose 18 of aiding in the planning, undertaking, or carrying out of community redevelopment and related 19 activities; and 20 WHEREAS, the City and the CRA desire for the City to establish four (4) new code 21 enforcement officers who will be proactive and work in coordination with CRA residents and 22 businesses (each a “Code Enforcement Officer (CRA)”); and 23 WHEREAS, the Code Enforcement Officer (CRA) positions will focus on outreach and 24 remediation, work offset schedules to increase visibility and hours of service, and seek 25 enforcement on their own volition, and coordinate with the Neighborhood Officer Policing 26 Program, CRA businesses, and CRA residents; and 27 WHEREAS, the CRA desires to provide funding to the City for the four (4) new Code 28 Enforcement Officer (CRA) positions through reimbursement; and 29 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 30 best interests of the City's citizens and residents to approve an Interlocal Agreement between the 31 251 RESOLUTION NO. R25-302 City and the Boynton Beach Community Redevelopment Agency for Funding for Code 32 Enforcement Officers. 33 34 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 35 BEACH, FLORIDA, THAT: 36 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 37 being true and correct and are hereby made a specific part of this Resolution upon adoption. 38 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 39 approve an Interlocal Agreement between the City and the Boynton Beach CRA for Funding for 40 Code Enforcement Officers (the “Agreement”), in form and substance similar to that attached as 41 Exhibit A. 42 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby 43 authorizes the Mayor to execute the Agreement. The Mayor is further authorized to execute any 44 ancillary documents required under the Agreement or necessary to accomplish the purposes of 45 the Agreement, including any term extensions as provided in the Agreement, provided such 46 documents do not modify the financial terms or material terms. 47 SECTION 4. Upon full execution of the Interlocal Agreement, the Interlocal Agreement 48 shall be filed with the Clerk of the Circuit Court of Palm Beach County, Florida, as required by 49 Section 163.01(11), Florida Statutes, for interlocal agreements. 50 SECTION 5. This Resolution shall take effect in accordance with the law. 51 [SIGNATURES ON THE FOLLOWING PAGE] 52 53 252 RESOLUTION NO. R25-302 PASSED AND ADOPTED this ______________ day of ______________________________ 2025. 54 CITY OF BOYNTON BEACH, FLORIDA 55 YES NO 56 Mayor – Rebecca Shelton _____ _____ 57 58 Vice Mayor – Woodrow L. Hay _____ _____ 59 60 Commissioner – Angela Cruz _____ _____ 61 62 Commissioner – Thomas Turkin _____ _____ 63 64 Commissioner – Aimee Kelley _____ _____ 65 66 VOTE ______ 67 ATTEST: 68 69 _____________________________ ______________________________ 70 Maylee De Jesús, MPA, MMC Rebecca Shelton 71 City Clerk Mayor 72 73 APPROVED AS TO FORM: 74 (Corporate Seal) 75 76 _______________________________ 77 Shawna G. Lamb 78 City Attorney 79 253 RESOLUTION NO. R25-303 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 1 BEACH, FLORIDA, APPROVING AN INTERLOCAL AGREEMENT 2 BETWEEN THE CITY AND THE BOYNTON BEACH COMMUNITY 3 REDEVELOPMENT AGENCY FOR FUNDING FOR THE 4 ENGINEER/PROJECT MANAGER POSITION; AND FOR ALL OTHER 5 PURPOSES. 6 7 8 WHEREAS, the Community Redevelopment Agency (“CRA”) is tasked with implementing 9 the Community Redevelopment Plan and facilitating the redevelopment of areas within its 10 designated boundaries; and 11 WHEREAS, to facilitate its mission, the CRA frequently collaborates with the City, 12 completes and submits applications to the City, and works with the City on mutually acceptable, 13 beneficial efforts within the CRA. The CRA must complete numerous project applications and 14 other redevelopment-related requests; and 15 WHEREAS, the City is responsible for processing the CRA’s project applications and 16 supporting related redevelopment functions; and 17 WHEREAS, the City desires to establish and fill a position for an Engineer/Project Manager 18 exclusively focused on CRA projects to serve as a liaison between the City and the CRA (the “CRA 19 Project Manager”); and 20 WHEREAS, the CRA Project Manager will lead the full life cycle of public infrastructure and 21 redevelopment initiatives—from initial planning and design through construction and close-out; 22 manage project scopes, budgets, and schedules while ensuring compliance with all applicable 23 codes, permitting requirements, and CRA regulations; coordinate with consultants, contractors, 24 and City departments to deliver high-quality, community-focused projects that support 25 revitalization goals; oversee engineering designs and construction activities, conduct site 26 inspections, and resolve field issues to maintain progress and quality; handle contract 27 administration, budget tracking, and procurement tasks; and engage with stakeholders—28 including residents, businesses, and City leadership—to ensure transparency, gather input, and 29 align projects with the community’s needs; and 30 WHEREAS, the CRA may lend, grant, or contribute funds to a municipality for the purpose 31 254 RESOLUTION NO. R25-303 of aiding in the planning, undertaking, or carrying out of community redevelopment and related 32 activities; and 33 WHEREAS, the CRA desires to provide funding to the City for the CRA Project Manager 34 position; and 35 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 36 best interests of the City's citizens and residents to approve an Interlocal Agreement between the 37 City and the Boynton Beach Community Redevelopment Agency for Funding for the 38 Engineer/Project Manager position. 39 40 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 41 BEACH, FLORIDA, THAT: 42 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 43 being true and correct and are hereby made a specific part of this Resolution upon adoption. 44 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 45 approve an Interlocal Agreement between the City and the Boynton Beach CRA for Funding for 46 the Engineer/Project Manager position (the “Agreement”), in form and substance similar to that 47 attached as Exhibit A. 48 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby 49 authorizes the Mayor to execute the Agreement. The Mayor is further authorized to execute any 50 ancillary documents required under the Agreement or necessary to accomplish the purposes of 51 the Agreement, including any term extensions as provided in the Agreement, provided such 52 documents do not modify the financial terms or material terms. 53 SECTION 4. Upon full execution of the Interlocal Agreement, the Interlocal Agreement 54 shall be filed with the Clerk of the Circuit Court of Palm Beach County, Florida, as required by 55 Section 163.01(11), Florida Statutes, for interlocal agreements. 56 SECTION 5. This Resolution shall take effect in accordance with the law. 57 [SIGNATURES ON THE FOLLOWING PAGE] 58 59 255 RESOLUTION NO. R25-303 PASSED AND ADOPTED this ______________ day of ______________________________ 2025. 60 CITY OF BOYNTON BEACH, FLORIDA 61 YES NO 62 Mayor – Rebecca Shelton _____ _____ 63 64 Vice Mayor – Woodrow L. Hay _____ _____ 65 66 Commissioner – Angela Cruz _____ _____ 67 68 Commissioner – Thomas Turkin _____ _____ 69 70 Commissioner – Aimee Kelley _____ _____ 71 72 VOTE ______ 73 ATTEST: 74 75 _____________________________ ______________________________ 76 Maylee De Jesús, MPA, MMC Rebecca Shelton 77 City Clerk Mayor 78 79 APPROVED AS TO FORM: 80 (Corporate Seal) 81 82 _______________________________ 83 Shawna G. Lamb 84 City Attorney 85 256 RESOLUTION NO. R25-304 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 1 BEACH, FLORIDA, APPROVING AN INTERLOCAL AGREEMENT 2 BETWEEN THE CITY AND THE BOYNTON BEACH COMMUNITY 3 REDEVELOPMENT AGENCY FOR FUNDING BOYNTON BEACH POLICE 4 DEPARTMENT CAMERAS; AND FOR ALL OTHER PURPOSES. 5 6 7 WHEREAS, the Florida Legislature has found and declared that there exist in counties and 8 municipalities of the state slum and blighted areas which constitute a serious and growing 9 menace, injurious to the public health, safety, morals, and welfare of the residents of the state; 10 that the existence of such areas aggravates traffic problems, and substantially hampers the 11 elimination of traffic hazards and the improvement of traffic facilities; and 12 WHEREAS, the City Commission of the City of Boynton Beach, Florida, has determined 13 that one or more slum or blighted areas exist within the City of Boynton Beach; and 14 WHEREAS, the City Commission established the Community Redevelopment Agency 15 (“CRA”) for the purpose of carrying out redevelopment activities within those identified slum and 16 blighted areas; and 17 WHEREAS, the CRA may establish, and the City has the power to approve, the 18 development of community policing innovations; and 19 WHEREAS, a community redevelopment plan may provide for the development and 20 implementation of community policing innovations; and 21 WHEREAS, the governing body of a CRA may approve the community redevelopment and 22 the plan therefor if it finds that the community redevelopment plan gives due consideration to 23 the utilization of community policing innovations, including strategies designed to reduce crime 24 by reducing opportunities for, and increasing the perceived risks of engaging in, criminal activity 25 through visible presence of police in the community; and 26 WHEREAS, the City and the CRA desire for the Boynton Beach Police Department to install 27 new video surveillance cameras at roadway intersections and shopping plazas located inside the 28 CRA’s boundaries; and 29 WHEREAS, the City and the CRA believe that the presence of video surveillance cameras 30 at roadway intersections and shopping plazas will aid in the elimination of crime, reduction of 31 257 RESOLUTION NO. R25-304 traffic hazards, and increase the visible presence of police in the CRA’s boundaries; and 32 WHEREAS, the CRA desires to provide funding to the City for the Boynton Beach Police 33 Department to establish and install new video surveillance cameras at roadway intersections and 34 shopping plazas located inside the CRA’s boundaries through reimbursement; and 35 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 36 best interests of the City's citizens and residents to approve an Interlocal Agreement between the 37 City and the Boynton Beach Community Redevelopment Agency for Funding Boynton Beach 38 Police Department Cameras. 39 40 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 41 BEACH, FLORIDA, THAT: 42 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 43 being true and correct and are hereby made a specific part of this Resolution upon adoption. 44 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 45 approve an Interlocal Agreement between the City and the Boynton Beach CRA for Funding for 46 Boynton Beach Police Department Cameras (the “Agreement”), in form and substance similar to 47 that attached as Exhibit A. 48 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby 49 authorizes the Mayor to execute the Agreement. The Mayor is further authorized to execute any 50 ancillary documents required under the Agreement or necessary to accomplish the purposes of 51 the Agreement, including any term extensions as provided in the Agreement, provided such 52 documents do not modify the financial terms or material terms. 53 SECTION 4. Upon full execution of the Interlocal Agreement, the Interlocal Agreement 54 shall be filed with the Clerk of the Circuit Court of Palm Beach County, Florida, as required by 55 Section 163.01(11), Florida Statutes, for interlocal agreements. 56 SECTION 5. This Resolution shall take effect in accordance with the law. 57 [SIGNATURES ON THE FOLLOWING PAGE] 58 59 258 RESOLUTION NO. R25-304 PASSED AND ADOPTED this ______________ day of ______________________________ 2025. 60 CITY OF BOYNTON BEACH, FLORIDA 61 YES NO 62 Mayor – Rebecca Shelton _____ _____ 63 64 Vice Mayor – Woodrow L. Hay _____ _____ 65 66 Commissioner – Angela Cruz _____ _____ 67 68 Commissioner – Thomas Turkin _____ _____ 69 70 Commissioner – Aimee Kelley _____ _____ 71 72 VOTE ______ 73 ATTEST: 74 75 _____________________________ ______________________________ 76 Maylee De Jesús, MPA, MMC Rebecca Shelton 77 City Clerk Mayor 78 79 APPROVED AS TO FORM: 80 (Corporate Seal) 81 82 _______________________________ 83 Shawna G. Lamb 84 City Attorney 85 259 RESOLUTION NO. R25-305 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 1 BEACH, FLORIDA, APPROVING THE ADOPTION OF AMENDED EXHIBIT 2 A TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON 3 BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT 4 AGENCY FOR FUNDING CONSTRUCTION AND PROFESSIONAL 5 SERVICES; AND FOR ALL OTHER PURPOSES. 6 7 8 WHEREAS, the City of Boynton Beach, Florida (“City”) and the City of Boynton Beach 9 Community Redevelopment Agency (“CRA”) entered into an Interlocal Agreement for Funding 10 Construction and Professional Services, approved by Resolution No. R23-161 on November 7, 11 2023; and 12 WHEREAS, during the budget planning process for Fiscal Year 2025-2026, City and CRA 13 staff collaborated on an updated project list, which the CRA Board reviewed and approved at its 14 November 10, 2025, Board meeting; and 15 WHEREAS, pursuant to section 4 of the Interlocal Agreement, Exhibit A to the Interlocal 16 Agreement may be updated at any time by the mutual consent of both parties and shall be 17 updated at least annually in form mutually consented to by both parties. At such time as each 18 party adopts an identical Exhibit A in a duly noticed public meeting, the Agreement shall be 19 deemed amended such that the most recently adopted Exhibit A replaces the prior version of 20 Exhibit A of the Agreement without further action by the parties; and 21 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 22 best interests of the city's citizens and residents to approve the updated Exhibit A to the Interlocal 23 Agreement for Funding Construction and Professional Services with the City of Boynton Beach 24 Community Redevelopment Agency. 25 26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 27 BEACH, FLORIDA, THAT: 28 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 29 being true and correct and are hereby made a specific part of this Resolution upon adoption. 30 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 31 260 RESOLUTION NO. R25-305 approve the updated Exhibit A to the Interlocal Agreement for Funding Construction and 32 Professional Services with the City of Boynton Beach Community Redevelopment Agency, in form 33 and substance similar to that attached as “Exhibit A.“ 34 SECTION 3. The Interlocal Agreement with the updated Exhibit A shall be retained by 35 the City Clerk as a public record of the City. A copy of the Interlocal Agreement with the updated 36 Exhibit A shall be provided to the CRA. 37 SECTION 4. This Resolution shall take effect in accordance with the law. 38 39 PASSED AND ADOPTED this ______________ day of ______________________________ 2025. 40 CITY OF BOYNTON BEACH, FLORIDA 41 YES NO 42 Mayor – Rebecca Shelton _____ _____ 43 44 Vice Mayor – Woodrow L. Hay _____ _____ 45 46 Commissioner – Angela Cruz _____ _____ 47 48 Commissioner – Thomas Turkin _____ _____ 49 50 Commissioner – Aimee Kelley _____ _____ 51 52 VOTE ______ 53 ATTEST: 54 55 _____________________________ ______________________________ 56 Maylee De Jesús, MPA, MMC Rebecca Shelton 57 City Clerk Mayor 58 59 APPROVED AS TO FORM: 60 (Corporate Seal) 61 62 _______________________________ 63 Shawna G. Lamb 64 City Attorney 65 261 RESOLUTION NO. R25-306 1 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 2 BEACH, FLORIDA, APPROVING A BUDGET AMENDMENT FOR FISCAL 3 YEAR 2025-2026 AMENDING THE CAPITAL APPROPRIATION FOR THE 4 INN AT BOYNTON DEMOLITION PROJECT; AND FOR ALL OTHER 5 PURPOSES. 6 7 WHEREAS, the Fiscal Year 2025-2026 Budget was adopted by the City Commission by 8 Resolution No. R25-245 on September 18, 2025; and 9 WHEREAS, staff is requesting Commission approval to amend the Fiscal Year 2025-2026 10 budget as noted specifically on Exhibit B; and 11 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 12 best interests of the City's citizens and residents to approve a Budget Amendment for Fiscal Year 13 2024-2025, amending the Capital Appropriation for the Inn at Boynton Demolition project. 14 15 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 16 BEACH, FLORIDA, THAT: 17 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 18 being true and correct and are hereby made a specific part of this Resolution upon adoption. 19 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 20 approve a Budget Amendment for Fiscal Year 2025-2026 amending the Capital Appropriation for 21 the Inn at Boynton Demolition project, as further detailed in Exhibit B, attached hereto. 22 SECTION 3. This Resolution shall take effect in accordance with the law. 23 24 262 RESOLUTION NO. R25-306 PASSED AND ADOPTED this ______________ day of ______________________________ 2025. 25 CITY OF BOYNTON BEACH, FLORIDA 26 YES NO 27 Mayor – Rebecca Shelton _____ _____ 28 29 Vice Mayor – Woodrow L. Hay _____ _____ 30 31 Commissioner – Angela Cruz _____ _____ 32 33 Commissioner – Thomas Turkin _____ _____ 34 35 Commissioner – Aimee Kelley _____ _____ 36 37 VOTE ______ 38 ATTEST: 39 40 _____________________________ ______________________________ 41 Maylee De Jesús, MPA, MMC Rebecca Shelton 42 City Clerk Mayor 43 44 APPROVED AS TO FORM: 45 (Corporate Seal) 46 47 _______________________________ 48 Shawna G. Lamb 49 City Attorney 50 263 Page 1 of 7 4901-5462-9494, v. 1 INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR FUNDING FOR BEAUTIFICATION TECHNICIAN (CRA) THIS AGREEMENT (“Agreement”) is made this 18th day of November 2025, by and between the CITY OF BOYNTON BEACH, a Florida municipal corporation, (hereinafter referred to as the "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 "CRA"). The City and CRA may be referred to herein individually as a “Party” and collectively as the “Parties.” WITNESSETH: WHEREAS, the City Commission of the City of Boynton Beach, Florida, has determined that one or more slum or blighted areas exist within the City of Boynton Beach; and WHEREAS, the City Commission established the CRA for the purpose of carrying out redevelopment activities within those identified slum and blighted areas; and WHEREAS, the prevention and elimination of slums and blight is a matter of state policy and public concern, as recognized under Florida law; and WHEREAS, the term “blighted area” is defined as an area in which there are a substantial number of deteriorated or deteriorating structures, and; in which conditions endanger life or property or are leading to economic distress, and which exhibits two or more additional elements; and WHEREAS, additional elements that contribute to the designation of a “blighted area: include the predominance of defective or inadequate street layout, parking facilities, roadways, bridges, or public transportation facilities and the deterioration of site or other improvements; and WHEREAS, the phrase “community redevelopment area” is defined to include a slum area, a blighted area that is deteriorating and economically distressed due to inadequate transportation and parking facilities, faulty lot layout, or inadequate street layout, or a combination thereof which the governing body designates as appropriate for community redevelopment; and WHEREAS, the terms “community redevelopment” or “redevelopment” are defined to include undertakings, activities, or projects of a municipality or community redevelopment agency in a community redevelopment area for the elimination and prevention of the development or spread of slums and blight and may include slum clearance and redevelopment in a community redevelopment area, or rehabilitation or conservation in a community redevelopment area, or any combination or part thereof, in accordance with a community redevelopment plan; and WHEREAS, the City and the CRA are empowered to make and execute contracts and other instruments necessary to carry out the purposes of community redevelopment; and WHEREAS, the City and the CRA are empowered to disseminate slum clearance 264 Page 2 of 7 4901-5462-9494, v. 1 information; and WHEREAS, the City and the CRA are empowered to undertake and carry out community redevelopment and related activities within the community redevelopment area; and WHEREAS, community redevelopment and related activities may include the installation, construction, or reconstruction of streets, utilities, parks, playgrounds, certain public areas, and other improvements necessary for carrying out in the community redevelopment area the community redevelopment objectives of this part in accordance with the community redevelopment plan; and WHEREAS, the City and the CRA are further empowered to provide, or to arrange or contract for, the furnishing or repair by any person or agency, public or private, of services, privileges, works, streets, roads, public utilities, or other facilities for or in connection with a community redevelopment; to install, construct, and reconstruct streets, utilities, parks, playgrounds, and other public improvements; and WHEREAS, the City and the CRA may incur the entire expense public improvements for the purpose of aiding in the planning, undertaking, or carrying out of community redevelopment and related activities; and WHEREAS, the City and the CRA may do any and all things necessary to aid or cooperate in the planning or carrying out of a community redevelopment plan and related activities; and WHEREAS, the CRA may lend, grant, or contribute funds to a municipality for the purpose of aiding in the planning, undertaking, or carrying out of community redevelopment and related activities; and WHEREAS, the City and the CRA may enter into agreements to furnish funds or other assistance in connection with community redevelopment and related activities; and WHEREAS, the City and the CRA may cause public buildings and public facilities, including parks, playgrounds, recreational, community, educational, water, sewer, or drainage facilities, or any other works which it is otherwise empowered to undertake to be furnished for the purpose of aiding in the planning, undertaking, or carrying out of communi ty redevelopment and related activities; and WHEREAS, the City and the CRA may furnish, dedicate, close, vacate, pave, install, grade, regrade, plan, or replan streets, roads, sidewalks, ways, or other places for the purpose of aiding in the planning, undertaking, or carrying out of community redevelopment and related activities; and WHEREAS, the CRA’s Community Redevelopment Plan identifies the creation of a comfortable, walkable and safe pedestrian-scale environment connecting residents and visitors to the commercial, social/cultural and recreational areas of the District as a Goal; and WHEREAS, the CRA’s Community Redevelopment Plan identifies the pursuit of development and redevelopment projects, site and infrastructure improvements, and project design and construction as a Goal; and 265 Page 3 of 7 4901-5462-9494, v. 1 WHEREAS, the CRA’s Community Redevelopment Plan includes the creation, improvement and promotion the public waterfront areas and public open spaces, parks, greenways, blueways, and bikeways as a Goal; and WHEREAS, the CRA’s Community Redevelopment Plan identifies the encouragement and incentivization of streetscape enhancements, including landscaping, street furniture and hardscape features, signage, pedestrian safety and walkability/connectivity, crosswalk treatments and lighting element, as a Goal; and WHEREAS, the CRA’s Community Redevelopment Plan identifies the encouragement and initiation of various means deemed feasible and appropriate in order to stabilize and enhance neighborhoods and commercial area as a Goal; and WHEREAS, the City and the CRA desire for the City to establish two (2) new positions titled “Beautification Technician (CRA)”; and WHEREAS, the Beautification Technician (CRA) positions will enhance the publicly owned areas (including rights-of-way) exclusively within the CRA boundaries, including park entrances, medians, and along Federal Highway, and may assist with landscape/landscape design of medians; and WHEREAS, the CRA desires to provide funding to the City for the two (2) Beautification Technician (CRA) positions through reimbursement; and WHEREAS, the City and the CRA 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. Beautification Technician Positions. Following execution of this Agreement, the City shall establish and fill two (2) new positions titled “Beautification Technician (CRA)” The City shall ensure that each position is structured, assigned, and performed in accordance with the roles, responsibilities, and requirements outlined in Exhibit “A.” 3. Update to Exhibit "A." Exhibit "A" to this Agreement may be updated at any time by the mutual consent of both parties in a form mutually consented to by both parties. At such time as each party adopts an identical Exhibit "A" in a duly noticed public meeting, this Agreement shall be deemed amended such that the most recently adopted Exhibit "A" replaces the prior version of the Exhibit "A" in this Agreement without further action by the parties. 266 Page 4 of 7 4901-5462-9494, v. 1 4. Funding. The CRA shall provide funding to the City in an amount not to exceed one hundred forty-seven thousand dollars ($147,000) in total for the two (2) Beautification Technician (CRA) positions. Such funding shall be provided on a reimbursement basis as set forth in this Agreement. This Agreement and all obligations of the CRA are subject to and contingent upon annual budgetary funding and appropriations by the CRA. 5. Reimbursement. To obtain reimbursement from the CRA for costs associated with the Beautification Technician (CRA) positions, the City shall provide a written request for reimbursement of funds to the CRA once per quarter , no later than 15 days after the end of the service period. The written request from the City must include all documentation necessary to show the payment and purpose of the payment for which the City is seeking reimbursement. The CRA shall remit payment to the City within thirty days of receipt of a complete request from the City. 6. Obligations of the CRA, Indemnification. The CRA’s responsibilities under this Agreement are limited to providing funding and complying with the provisions of this Agreement concerning public records. Therefore, the City 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 of persons or the faulty equipment (including equipment installation and removal) associated with Code Enforcement Officers (CRA) and the performance of their duties under this Agreement, including the entry upon property for any purpose. Nothing in this Agreement shall be deemed to affect the rights, privileges, and sovereign immunities of the CRA or the City as set forth in Section 768.28, Florida Statutes. This paragraph shall not be construed to require the City to indemnify the CRA for CRA’s own negligence, or intentional acts of the CRA, its agents or employees. 7. Normal Maintenance Activities. The City shall continue to fund normal maintenance activities within the City. 8. 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. 267 Page 5 of 7 4901-5462-9494, v. 1 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 shall automatically renew each year on October 1. Either party may terminate this Agreement upon 60 days notice to the other party. 10. Filing. The City shall file this Agreement pursuant to the requirements of Section 163.01(11), Florida Statutes. 11. Sovereign Immunity. Nothing in this Agreement shall be deemed to affect the rights, privileges, and sovereign immunities of the CRA or the City as set forth in Section 768.28, Florida Statutes. 12. Severability. The validity of any portion, article, paragraph, provision, clause, or any portion thereof of this Agreement shall have no force and effect upon the validity of any other part of portion hereof. To that end, this Agreement is declared severable. 13. No Third-Party Beneficiaries. No provision of this Agreement is intended to, or shall be construed to, create any third-party beneficiary or to provide any rights to any person or entity not a party to this Agreement, including but not limited to any citizen or employees of the City or the CRA. 14. No Assignment. The Parties may not transfer or assign this Agreement in whole or in part, without prior written consent of the other, which may be granted or withheld at the other Party’s absolute discretion. 15. 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. 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: By: Print Name: Title: Date: 268 Page 6 of 7 4901-5462-9494, v. 1 APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: CRA Attorney City of Boynton Beach, Florida ATTEST: By: Print Name: Title: Date: APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: City Attorney 269 Page 7 of 7 4901-5462-9494, v. 1 Exhibit “A” Beautification Technician (CRA) Position Description The City shall ensure that each Beautification Technician assigned to the Community Redevelopment Area (each, a “Technician”) shall meet and perform in accordance with the following position descriptions and requirements: 1. Technicians shall perform all duties exclusively within the boundaries of the Boynton Beach Community Redevelopment Areas and for the benefit of the Boynton Beach Community Redevelopment Agency. 2. Technicians shall focus on the beautification, maintenance, and enhancement of publicly owned spaces, including, but not limited to: a. Park entrances and access points; b. Roadway medians; and c. Areas adjacent to Federal Highway. 3. Technicians may assist with landscape/landscape design of roadway medians. 270 4931-7977-0742, v. 2 INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR CODE ENFORCEMENT OFFICERS THIS AGREEMENT (“Agreement”) is made this 18th day of November 2025, 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 "CRA"). The City and CRA may be referred to herein individually as a “Party” and collectively as the “Parties.” WITNESSETH: WHEREAS, the City Commission of the City of Boynton Beach, Florida, has determined that one or more slum or blighted areas exist within the City of Boynton Beach; and WHEREAS, the City Commission established the CRA for the purpose of carrying out redevelopment activities within those identified slum and blighted areas; and WHEREAS, the prevention and elimination of slums and blight is a matter of state policy and public concern, as recognized under Florida law; and WHEREAS, the term “slum area” is defined as an area having physical or economic conditions conducive to disease, infant mortality, juvenile delinquency, poverty, or crime because there is a predominance of buildings or improvements, whether residential or nonresidential, which are impaired by reason of dilapidation, deterioration, age, or obsolescence, and which exhibits one or more additional elements; and WHEREAS, additional elements that contribute to the designation of a “slum area” include the inadequate provision for ventilation, light, air, sanitation, or open spaces and the existence of conditions that endanger life or property by fire or other causes; and WHEREAS, the term “blighted area” is defined as an area in which there are a substantial number of deteriorated or deteriorating structures, and; in which conditions endanger life or property or are leading to economic distress, and which exhibits two or more additional elements; and WHEREAS, additional elements that contribute to the designation of a “blighted area” include unsanitary and unsafe conditions and a greater number of violations of the Florida Building Code in the area than the number of violations recorded in the remainder of the county or municipality; and WHEREAS, the City and the CRA are empowered to make and execute contracts and other instruments necessary to carry out the purposes of community redevelopment; and WHEREAS, the City and the CRA are empowered to disseminate slum clearance information; and 271 4931-7977-0742, v. 2 WHEREAS, the City and the CRA are empowered to enter into any building or property in any community redevelopment area in order to make inspections, surveys, appraisals, soundings, or test borings and to obtain an order for this purpose from a court of competent jurisdiction in the event entry is denied or resisted; and WHEREAS, the City and the CRA are empowered to make or have made all surveys and plans necessary to the carrying out of the purposes of this part; to contract with any person, public or private, in making and carrying out such plans; and to adopt or approve, modify, and amend such plans, which plans may include, but are not limited to (1) plans for carrying out a program of voluntary or compulsory repair and rehabilitation of buildings and improvements, and (2) plans for the enforcement of state and local laws, codes, and regulations relating to the use of land and the use and occupancy of buildings and improvements and to the compulsory repair, rehabilitation, demolition, or removal of buildings and improvements; and WHEREAS, the CRA Plan has identified goals to encourage and initiate various code enforcement policies, as well as other means deemed feasible and appropriate in order to stabilize and enhance neighborhoods and commercial areas; and WHEREAS, the City and the CRA desire for the City to establish four (4) new code enforcement officers who will be proactive and work in coordination with CRA residents and businesses (each a “Code Enforcement Officer (CRA)”); and WHEREAS, the Code Enforcement Officer (CRA) positions will focus on outreach and remediation, work offset schedules to increase visibility and hours of service, seek enforcement on their own volition, and coordinate with the Neighborhood Officer Policing Program, CRA businesses, and CRA residents; and WHEREAS, the CRA desires to provide funding to the City for the four (4) new Code Enforcement Officer (CRA) positions through reimbursement; and WHEREAS, the City and the CRA 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. Code Enforcement Officer Positions. Following execution of this Agreement, the City shall establish and fill four (4) new positions titled “Code Enforcement Officer (CRA)”. The City shall ensure that each position is structured, assigned, and maintained in accordance with the roles, responsibilities, and requirements outlined in Exhibit “A.” 3. Update to Exhibit "A." Exhibit "A" to this Agreement may be updated at any time by the mutual consent of both parties in a form mutually consented to by both parties. At such time as each party adopts an identical Exhibit "A" in a duly noticed public meeting, this Agreement 272 4931-7977-0742, v. 2 shall be deemed amended such that the most recently adopted Exhibit "A" replaces the prior version of the Exhibit "A" in this Agreement without further action by the parties. 4. Funding. The CRA shall provide funding to the City in an amount not to exceed three hundred and eight thousand, nine hundred and sixty-four dollars ($308,965) in total for the four (4) Code Enforcement Officer (CRA) positions. Such funding shall be provided on a reimbursement basis as set forth in this Agreement. This Agreement and all obligations of the CRA are subject to and contingent upon annual budgetary funding and appropriations by the CRA. 5. Reimbursement. To obtain reimbursement from the CRA for costs associated with the Code Enforcement Officer (CRA) positions, the City shall provide a written request for reimbursement of funds to the CRA once per quarter, no later than 15 days after the end of the service period. The written request from the City must include all documentation necessary to show the payment and purpose of the payment for which the City is seeking reimbursement. The CRA shall remit payment to the City within thirty days of receipt of a complete request from the City. 6. Obligations of the CRA, Indemnification. The CRA’s responsibilities under this Agreement are limited to providing funding and complying with the provisions of this Agreement concerning public records. Therefore, the City 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 of persons or the faulty equipment (including equipment installation and removal) associated with Code Enforcement Officers (CRA) and the performance of their duties under this Agreement, including the entry upon property for any purpose. Nothing in this Agreement shall be deemed to affect the rights, privileges, and sovereign immunities of the CRA or the City as set forth in Section 768.28, Florida Statutes. This paragraph shall not be construed to require the City to indemnify the CRA for CRA’s own negligence, or intentional acts of the CRA, its agents or employees. 7. 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. 8. 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 273 4931-7977-0742, v. 2 Effective Date and, shall automatically renew each year on October 1. Either Party may terminate this Agreement upon 60 days notice to the other party. 9. Filing. The City shall file this Agreement pursuant to the requirements of Section 163.01(11), Florida Statutes. 10. Sovereign Immunity. Nothing in this Agreement shall be deemed to affect the rights, privileges, and sovereign immunities of the CRA or the City as set forth in Section 768.28, Florida Statutes. 11. Severability. The validity of any portion, article, paragraph, provision, clause, or any portion thereof of this Agreement shall have no force and effect upon the validity of any other part of portion hereof. To that end, this Agreement is declared severable. 12. 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 CRA. 13. 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. 14. 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. 274 4931-7977-0742, v. 2 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: By: Print Name: Title: Date: APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: CRA Attorney City of Boynton Beach, Florida ATTEST: By: Print Name: Title: Date: APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: City Attorney 275 4931-7977-0742, v. 2 Exhibit “A” Code Enforcement Officer (CRA) Position Description The City shall ensure that each Code Enforcement Officer assigned to the Community Redevelopment Area (each, a “Code Enforcement Officer (CRA)”) shall meet and perform in accordance with the following position descriptions and requirements: 1. Each Code Enforcement Officer (CRA) shall: a. Perform all duties exclusively within the boundaries of the Boynton Beach Community Redevelopment Area for the benefit of the Boynton Beach Community Redevelopment Agency; b. Focus on outreach and remediation; c. Work offset schedules and weekends to increase visibility and hours of service; and d. Coordinate with the Neighborhood Officer Policing Program and the City’s existing community improvement program. 2. Each Code Enforcement Officer (CRA) shall have the authority to seek code enforcement of their own volition, and in most cases shall refer complaints received to ordinary code enforcement officers. 3. Each Code Enforcement Officer (CRA) should act proactively and work with CRA residents and businesses to improve the areas within the CRA boundaries. 4. If any code enforcement funds become available through grants, funding, or other monetary sources, the Code Enforcement Officer’s (CRA) duties shall include facilitating the administration and use of such funds. 276 Page 1 of 6 4901-4032-3445, v. 3 INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR THE COMMUNITY REDEVELOPMENT AGENCY ENGINEER/PROJECT MANAGER POSITION THIS AGREEMENT (“Agreement”) is made this 18th day of November 2025, 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 "CRA"). The City and CRA may be referred to herein individually as a “Party” and collectively as the “Parties.” WITNESSETH: WHEREAS, the CRA is tasked with implementing the Community Redevelopment Plan and facilitating the redevelopment of areas within its designated boundaries; and WHEREAS, to facilitate its mission the CRA frequently collaborates with the City, completes and submits applications to the City, and works with the City on mutually acceptable, beneficial efforts within the CRA. The CRA must complete numerous project applications and other redevelopment-related requests; and WHEREAS, the City is responsible for processing the CRA’s project applications and supporting related redevelopment functions; and WHEREAS, the City seeks financial and other support from the CRA for certain mutually acceptable, beneficial efforts; and WHEREAS, the City desires to establish and fill a position for a Engineer/Project Manager exclusively focused on CRA projects to serve as a liaison between the City and the CRA (the “CRA Project Manager”); and WHEREAS, the CRA Project Manager will lead the full life cycle of public infrastructure and redevelopment initiatives—from initial planning and design through construction and close- out; manage project scopes, budgets, and schedules while ensuring compliance with all applicable codes, permitting requirements, and CRA regulations; coordinate with consultants, contractors, and City departments to deliver high-quality, community-focused projects that support revitalization goals; oversee engineering designs and construction activities, conduct site inspections, and resolve field issues to maintain progress and quality; handle contract administration, budget tracking, and procurement tasks; and engage with stakeholders—including residents, businesses, and City leadership—to ensure transparency, gather input, and align projects with the community’s needs; and WHEREAS, the CRA believes that a CRA Project Manager will aid in the timely and efficient processing of the CRA’s applications, which is critical to the successful implementation of the CRA’s redevelopment initiatives; and 277 Page 2 of 6 4901-4032-3445, v. 3 WHEREAS, the CRA desires the City to establish and fill a position for a CRA Project Manager; and WHEREAS, the CRA desires to provide funding to the City for the CRA Project Manager position; and WHEREAS, the City and the CRA 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. Project Manager Position. Following execution of this Agreement, the City shall establish and fill one new position titled “CRA Project Manager.” The City shall ensure that the position is structured, assigned, and maintained in accordance with the roles, responsibilities, and requirements outlined in Exhibit “A”. 3. Update to Exhibit "A." Exhibit "A" to this Agreement may be updated at any time by the mutual consent of both parties in a form mutually consented to by both parties. At such time as each party adopts an identical Exhibit "A" in a duly noticed public meeting, this Agreement shall be deemed amended such that the most recently adopted Exhibit "A" replaces the prior version of the Exhibit "A" in this Agreement without further action by the parties. 1. Funding. The CRA shall provide funding to the City in an amount not to exceed one- hundred sixty thousand dollars ($160,000) in total for the one (1) CRA Project Manager position. Such funding shall be provided on a reimbursement basis as set forth in this Agreement. This Agreement and all obligations of the CRA are subject to and contingent upon annual budgetary funding and appropriations by the CRA. 2. Reimbursement. To obtain reimbursement from the CRA for costs associated with the CRA Project Manager position, the City shall provide a written request for reimbursement of funds to the CRA once per quarter, no later than 15 days after the end of the service period. The written request from the City must include all documentation necessar y to show the payment and purpose of the payment for which the City is seeking reimbursement. The CRA shall remit payment to the City within thirty days of receipt of a complete request from the City. 3. 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. 278 Page 3 of 6 4901-4032-3445, v. 3 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. 4. 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 shall automatically renew each year on October 1. Either Party may terminate this Agreement upon 60 days notice to the other Party. 5. Filing. The City shall file this Agreement pursuant to the requirements of Section 163.01(11), Florida Statutes. 6. Sovereign Immunity. Nothing in this Agreement shall be deemed to affect the rights, privileges, and sovereign immunities of the CRA or the City as set forth in Section 768.28, Florida Statutes. 7. Severability. The validity of any portion, article, paragraph, provision, clause, or any portion thereof of this Agreement shall have no force and effect upon the validity of any other part of portion hereof. To that end, this Agreement is declared severable. 8. 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 CRA. 9. 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. 10. 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. 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: _________________________ By: _________________________________ Print Name: __________________________ 279 Page 4 of 6 4901-4032-3445, v. 3 Title: ________________________________ Date: ________________________________ APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: _____________________________ CRA Attorney City of Boynton Beach, Florida ATTEST: _________________________ By: __________________________________ Print Name: ___________________________ Title: _________________________________ Date: ________________________________ APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: ______________________________ City Attorney 280 Page 5 of 6 4901-4032-3445, v. 3 Exhibit “A” CRA Project Manager Position Description The City shall ensure that the CRA Project Manager shall meet and perform in accordance with the following position descriptions and requirements: 1. The CRA Project Manager shall perform all duties exclusively within the boundaries of the Boynton Beach Community Redevelopment Areas and for the benefit of the Boynton Beach Community Redevelopment Agency. 2. The CRA Project Manager shall work as a liaison between the City and the CRA to ensure CRA applications, permits, and other redevelopment-related requests are processed efficiently and in a timely manner. 3. Duties of the CRA Project Manager shall be as follows: a. Project Planning & Development i. Develop and manage scope, budget, and schedules for CRA-funded capital improvement and redevelopment projects. ii. Conduct feasibility studies, site evaluations, and technical assessments for proposed projects. iii. Coordinate with planning, zoning, and building departments to ensure project alignment with city regulations and redevelopment goals. b. Engineering & Design Oversight i. Prepare or review engineering designs, construction drawings, specifications, and cost estimates. ii. Oversee consultants and ensure that designs meet applicable codes, standards, and sustainability goals. iii. Ensure utility coordination and compliance with environmental and permitting requirements. c. Construction Management i. Manage construction activities, including contractor oversight, inspections, and quality control. ii. Conduct site visits to monitor progress, resolve field issues, and ensure compliance with plans and specifications. 281 Page 6 of 6 4901-4032-3445, v. 3 iii. Administer contracts and change orders, and ensure timely completion of projects within budget. d. Financial & Contract Administration i. Prepare bid documents, assist in procurement processes, and evaluate contractor bids. ii. Track project budgets and expenditures, including CRA funding, grants, and other sources. iii. Ensure accurate documentation and reporting of project progress and financial status. e. Stakeholder & Community Engagement i. Serve as liaison between the CRA, city departments, consultants, residents, and business owners. ii. Host or participate in public meetings to present project updates and gather community input. iii. Address stakeholder concerns and incorporate community feedback into project planning when feasible. f. Regulatory Compliance & Reporting i. Ensure adherence to federal, state, and local regulations, including CRA statutes and reporting requirements. ii. Maintain detailed project files, timelines, and audit-ready documentation. iii. Prepare and present reports to city leadership, CRA boards, and funding agencies as required. g. Strategic Planning & Support i. Assist in identifying and prioritizing projects within CRA districts that support long-term redevelopment goals. ii. Contribute to the development of capital improvement plans (CIPs) and grant applications. iii. Monitor industry trends and best practices in urban redevelopment, engineering, and project delivery. 282 Page 1 of 6 4907-0792-7925, v. 1 INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR FUNDING BOYNTON BEACH POLICE DEPARTMENT CAMERAS THIS AGREEMENT (“Agreement”) is made this 18th day of November 2025, 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 "CRA"). The City and CRA may be referred to herein individually as a “Party” and collectively as the “Parties.” WITNESSETH: WHEREAS, the Florida Legislature has found and declared that there exist in counties and municipalities of the state slum and blighted areas which constitute a serious and growing menace, injurious to the public health, safety, morals, and welfare of the residents of the state; that the existence of such areas aggravates traffic problems, and substantially hampers the elimination of traffic hazards and the improvement of traffic facilities; and WHEREAS, the City Commission of the City of Boynton Beach, Florida, has determined that one or more slum or blighted areas exist within the City of Boynton Beach; and WHEREAS, the City Commission established the CRA for the purpose of carrying out redevelopment activities within those identified slum and blighted areas; and WHEREAS, the CRA may establish and City has the power to approve the development of community policing innovations; and WHEREAS, a community redevelopment plan may provide for the development and implementation of community policing innovations; and WHEREAS, the governing body of a CRA may approve the community redevelopment and the plan therefor if it finds that the community redevelopment plan gives due consideration to the utilization of community policing innovations, including strategies designed to reduce crime by reducing opportunities for, and increasing the perceived risks of engaging in, criminal activity through visible presence of police in the community; and WHEREAS, the City and the CRA may enter into agreements, in connection with community redevelopment and related activities; and WHEREAS, the City and the CRA are empowered to provide, or to arrange or contract for, the furnishing or repair by any person or agency, public or private, of services, privileges, works, public utilities, or other facilities for or in connection with a community redevelopment; to install, construct, and reconstruct utilities and other public improvements; and WHEREAS, the City and the CRA are empowered to make and execute contracts and other instruments necessary to carry out the purposes of community redevelopment; and 283 Page 2 of 6 4907-0792-7925, v. 1 WHEREAS, the CRA Plan includes Goals to encourage and initiate various innovative community policing techniques and programs, “clean and safe” programs and policies, and other means deemed feasible and appropriate in order to stabilize and enhance neighborhoods and commercial areas; and WHEREAS, the City and the CRA desire for the Boynton Beach Police Department to install new video surveillance cameras at roadway intersections and shopping plazas located inside the CRA’s boundaries; and WHEREAS, the City and the CRA believe that the presence of video surveillance cameras at roadway intersections and shopping plazas will aid in the elimination of crime, reduction of traffic hazards, and increase the visible presence of police in the CRA’s boundaries; and WHEREAS, the CRA desires to provide funding to the City for the Boynton Beach Police Department to establish and install new video surveillance cameras at roadway intersections and shopping plazas located inside the CRA’s boundaries through reimbursement; and WHEREAS, the City and the CRA 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. Video Surveillance Cameras. The City shall purchase and install up to fourteen new video surveillance cameras at roadway intersections and shopping plazas located inside the CRA’s boundaries, more specifically defined in Exhibit “A”. Within thirty (30) days of installation, the City shall attach signage to such video surveillance cameras with verbiage similar to, “this area is under active video surveillance.” The City shall ensure the Boynton Beach Police Department and Neighborhood Officer Policing Program Offices are able to monitor and maintain these video surveillance cameras. 3. Funding. The CRA shall provide funding to the City in an amount not to exceed sixty thousand dollars ($60,000) in total for the purchase and installation of up to fourteen new video surveillance cameras. Such funding shall be provided for materials and labor only, shall be on a reimbursement basis, and shall not include subscription or other fees associated with the ongoing operation of the cameras. 4. Reimbursement. To obtain reimbursement from the CRA for costs associated with the video surveillance technology, the City shall provide a written request for reimbursement of funds to the CRA no later than thirty (30) days after payment by the City of the funds for which it is seeking reimbursement. The City’s written request must provide receipts and all other supporting documentation necessary to establish the amount and purpose of the payments for which it seeks reimbursement. 284 Page 3 of 6 4907-0792-7925, v. 1 5. 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. 6. 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 shall automatically terminate upon September 30, 2026, or payment of the final reimbursement of the fourteenth camera (or the final camera if less than fourteen are to be installed), whichever comes first. 7. Filing. The City shall file this Agreement pursuant to the requirements of Section 163.01(11), Florida Statutes. 8. Sovereign Immunity. Nothing in this Agreement shall be deemed to affect the rights, privileges, and sovereign immunities of the CRA or the City as set forth in Section 768.28, Florida Statutes. 9. Severability. The validity of any portion, article, paragraph, provision, clause, or any portion thereof of this Agreement shall have no force and effect upon the validity of any other part of portion hereof. To that end, this Agreement is declared severable. 10. 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 CRA. 11. 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. 12. 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. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed on the day and year written below. 285 Page 4 of 6 4907-0792-7925, v. 1 Boynton Beach Community Redevelopment Agency ATTEST: _________________________ By: _________________________________ Print Name: __________________________ Title: ________________________________ Date: ________________________________ APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: _____________________________ CRA Attorney City of Boynton Beach, Florida ATTEST: _________________________ By: __________________________________ Print Name: ___________________________ Title: _________________________________ Date: ________________________________ APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: ______________________________ City Attorney 286 Page 5 of 6 4907-0792-7925, v. 1 Exhibit “A” Boynton Beach Police Department Camera Locations The City shall purchase and install video surveillance cameras at the locations identified below. All locations are subject to change pending permit approval within City and engineers review; however, any location change must be pre-approved in writing by the CRA Executive Director to be considered a part of this Agreement and eligible for reimbursement. LOCATIONS ADDRESS DESCRIPTION PROPERTY TYPE #1 Avion 630 E. Woolbright Road Overlooking Riverwalk Plaza PRIVATE #2 One Boynton (1) 1331 S. Federal Highway Overlooking Sunshine Square PRIVATE #3 One Boynton (2) 1331 S. Federal Highway Intersection Camera monitoring all four directions of travel PRIVATE #4 Marina Village (1) 625 Casa Loma Boulevard Overlooking Boynton Beach Boulevard westbound to I-95 PRIVATE #5 Marina Village (2) 625 Casa Loma Boulevard Overlooking Marina; Two George’s and Banana Boat as well as boating slips on both sides of marina village townhouse PRIVATE #6 MLK Boulevard 1102 N. Federal Highway Northwest Corner using city right of way light pole CITY #7 Boynton Beach Boulevard and Seacrest Intersection Existing light pole from Red Light cameras overlooking intersection as well as all four directions of travel PD POLE #8 Federal Highway and 23rd Avenue Intersection Intersection Camera using city right of way light pole CITY #9 Gateway and Federal Highway Intersection Intersection Camera using city right of way light pole CITY #10 The Villages 405 E. Ocean Avenue Post- Construction PTZ will be overlooking northbound Seacrest Boulevard to Railroad Avenue PRIVATE #11 Ocean Breeze North 137 NE 10th Avenue PTZ overlooking MLK Boulevard and Seacrest allow the tilt of the camera to monitor east bound traffic PRIVATE #12 Boynton Beach Blvd & I-95 480 W. Boynton Overlooking all directions CITY/DOT 287 Page 6 of 6 4907-0792-7925, v. 1 Beach Boulevard #13 Ocean Palm Plaza 1550-1600 N. Federal Highway Street light camera PTZ PRIVATE #14 Gulfstream Boulevard and Federal Highway Pending Overlooking all directions PRIVATE 288 REVISED EXHIBIT "A" Fiscal Year 2025-2026 Projects City Project # Project Name BBCRA Funding 1 MLK Jr. Boulevard Streetscape Improvements Design & Construction $800,000 2 Federal Highway Streetscape $450,000 3 Pence Park Design, Permit & Construction $4,400,000 4 Harvey Oyer Park Pier Design & Permit $450,000 5 Senior Center Design $100,000 6 Jaycee Park Master Design $550,000 7 Centennial Park Improvement Design & Construction $750,000 8 Cottage District Road Improvement Design $200,000 9 Ocean Avenue Bridge Lighting $100,000 10 Federal Highway Crosswalk $600,000 11 4th Street Streetscape Improvement $250,000 12 Historic Woman’s Club of Boynton Beach $500,000 13 Entry Feature Signage $50,000 14 Town Square Hardening (Bollards) $200,000 15 Inn at Boynton Demolition $623,500 16 Neighborhood Security Gate $50,000 FY2025-2026 Total $10,073,500 289 Exhibit B 2025/26 2025/26 AMENDMENT ADOPTED AMENDED related to BUDGET Revenue Budget BUDGET PROJECT NUMBER Project Name / Comments/ Vendor GENERAL FUND 302-0000-369.22-00 CRA REIMBURSEMENT 9,350,000$ 123,500 9,473,500$ Adopted Fund Total Revenues 32,435,599$ 123,500$ 32,559,099$ 302-4199-580.49-17 OTHER CONTRACTUAL SERVICES 550,000 123,500 673,500 GG2604 Inn at Boynton Demolition Adopted Fund Total Expenses 32,435,599$ 123,500$ 32,559,099$ CITY OF BOYNTON BEACH CAPITAL APPROPRIATION AMENDMENTS BUDGET YEAR 2025-26, Commission Meeting 11/18/25 Amendment \\Fps\main\SHRDATA\Finance\Budget Amendments and Transfers\FY2025-26\Agenda Items\FY2526 Fund 302 Budget Amendment Inn at Boynton.xlsxAmendment 111820251 11/12/20256:25 PM290 City of Boynton Beach Agenda Item Request Form 6.H Consent Agenda 11/18/2025 Meeting Date: 11/18/2025 Proposed Resolution No. R25-307- Approve budget amendment for FY2024-25, adjusting the budget appropriations and revenue sources and providing spending authority for various Funds, Operating Departments, and Capital Budgets. Requested Action: Staff recommends approval of Proposed Resolution No. R25-307. Explanation of Request: The FY2024-25 Budget was adopted on September 23, 2024. As such, the FY2024-25 Adopted Budget for various Operating and Capital Improvement Projects Funds, plus related accounts, needs to be adjusted at the end of the fiscal year. This type of budget amendment is part of the annual budget process, and, according to Florida Statutes, it must be completed within 60 days of the end of the budget year. The Budget amendment will increase or decrease the Fund’s total appropriation, which requires City Commission approval (see Exhibit A). City staff have identified revenue sources and unspent appropriations that can be reallocated to other accounts. According to best budgeting practices and governmental accounting standards, these funds should be reappropriated to provide continued spending authority for these accounts. Accordingly, during FY2024-25, necessary budget modifications have been made in various Operating and Capital Improvement Accounts/Funds (between departments/divisions) for which the City Manager is authorized to approve. Staff is requesting approval for the budget adjustments made at the Fund level in FY2024-25. - The General Fund (001) will be amended from $132,800,120 to $136,508,120 as a result of the recognition of additional revenue for Police Detail, Service Contracts, and PFAS Settlement, and to provide appropriations for personnel and operating costs, approved in FY24/25 (see Exhibit A). - The Golf Fund (411) will be amended from $3,813,150 to $4,224,150 due to the appropriation fund balance, which will provide appropriations for Golf Vehicle purchases, approved in FY24/25 (see Exhibit A). - The Self-Insurance Fund (522) will be amended from $6,905,031 to $7,192,031 for recognition of additional fund balance and to increase the appropriation for Self-Insured Loss (WC) cost in FY24/254 (see Exhibit A). - The Boynton Beach Mausoleum (632) will be amended from $78,241 to $92,441 for the 291 recognition of additional interest income to provide appropriations for the utility service, supplies, and contractual services approved in FY24/25 (see Exhibit A). How will this affect city programs or services? Approval will allow the City to continue following best budgeting practices. Budgeted Item: Yes Account Line Item and Description: Various accounts have been adjusted, see Exhibit A. Fiscal Impact: Amendment budget to recognize year-end revenues and expenditures. Attachments: R25-307 Agenda_Item_3877-2025_Resolution_for_FY_24-25_Budget_Adjustment_Amd.docx EXHIBIT A - FY25-26 Budget Amendment for PY24-25 for General Fund.pdf EXHIBIT A - FY25-26 Budget Amendment for PY24-25.pdf 292 RESOLUTION NO. R25-307 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 1 BEACH, FLORIDA, AMENDING THE FISCAL YEAR 2024-2025 BUDGET, 2 ADJUSTING THE BUDGET APPROPRIATIONS AND REVENUE SOURCES, 3 AND PROVIDING SPENDING AUTHORITY FOR VARIOUS FUNDS, 4 OPERATING DEPARTMENTS, AND CAPITAL BUDGETS; AND FOR ALL 5 OTHER PURPOSES. 6 7 WHEREAS, the Fiscal Year 2024-2025 Budget was adopted by the City Commission on 8 September 23, 2024, by Resolution No. R24-222; and 9 WHEREAS, the FY2024-25 Adopted Budget for various Operating and Capital 10 Improvement Projects Funds plus related accounts need to be adjusted at the end of the fiscal 11 year. This type of budget amendment is part of the annual budget process, and per Florida 12 Statutes, it must be completed within 60 days of the end of the budget year. The Budget 13 amendment will increase or decrease the Fund’s total appropriation, which requires City 14 Commission approval; and 15 WHEREAS, City staff have been able to identify revenue sources and unspent 16 appropriations that can be reallocated to other accounts. Under best budgeting practices and 17 governmental accounting standards, these funds should be re-appropriated to provide continued 18 spending authority for these accounts. Accordingly, during FY2024-25, necessary budget 19 modifications have been made in various Operating and Capital Improvement Accounts/Funds 20 (between departments/divisions) for which the City Manager is authorized to approve. Staff are 21 requesting approval for the budget adjustments made at the Fund level in FY2024-25; and 22 WHEREAS, the General Fund (001) will be amended from $132,800,120 to $136,508,120 23 as a result of the recognition of additional revenue for Police Detail, Service Contracts, and PFAS 24 Settlement, and to provide appropriations for personnel and operating costs, approved in 25 FY24/25; and 26 WHEREAS, the Golf Fund (411) will be amended from $3,813,150 to $4,224,150 due to the 27 appropriation fund balance, which will provide appropriations for Golf Vehicle purchases, 28 approved in FY24/25; and 29 WHEREAS, the Self-Insurance Fund (522) will be amended from $6,905,031 to $7,192,031 30 for recognition of additional fund balance and to increase the appropriation for Self-Insured Loss 31 293 RESOLUTION NO. R25-307 (WC) cost in FY24/254; and 32 WHEREAS, the Boynton Beach Mausoleum (632) will be amended from $78,241 to $92,441 33 for the recognition of additional interest income to provide appropriations for the Utility service, 34 supplies, and contractual services approved in FY24/25; and 35 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 36 best interests of the City's citizens and residents to amend the Fiscal Year 2024-2025 budget, 37 adjusting the budget appropriations and revenue sources, and providing spending authority for 38 various Funds, Operating Departments, and Capital Budgets. 39 40 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 41 BEACH, FLORIDA, THAT: 42 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 43 being true and correct and are hereby made a specific part of this Resolution upon adoption. 44 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 45 amend the Fiscal Year 2024-2025 budget, adjusting the budget appropriations and revenue 46 sources, and providing spending authority for various Funds, Operating Departments, and Capital 47 Budgets, as further described in Exhibit A, attached hereto. 48 SECTION 3. This Resolution shall take effect in accordance with the law. 49 50 [SIGNATURES ON THE FOLLOWING PAGE] 51 52 294 RESOLUTION NO. R25-307 PASSED AND ADOPTED this ______________ day of ______________________________ 2025. 53 CITY OF BOYNTON BEACH, FLORIDA 54 YES NO 55 Mayor – Rebecca Shelton _____ _____ 56 57 Vice Mayor – Woodrow L. Hay _____ _____ 58 59 Commissioner – Angela Cruz _____ _____ 60 61 Commissioner – Thomas Turkin _____ _____ 62 63 Commissioner – Aimee Kelley _____ _____ 64 65 VOTE ______ 66 ATTEST: 67 68 _____________________________ ______________________________ 69 Maylee De Jesús, MPA, MMC Rebecca Shelton 70 City Clerk Mayor 71 72 APPROVED AS TO FORM: 73 (Corporate Seal) 74 75 _______________________________ 76 Shawna G. Lamb 77 City Attorney 78 295 GF Attachment 2024/25 2024/25 2024/25 2024/25 9/30/2025 9/30/2025 9/30/2025 ORIGINAL CURRENT Y-T-D Y-T-D w ENCUMB.DEPARTMENT COMMISSION CITY MGR YE BUDGET BUDGET ACTUAL ACTUAL / REVENUE BUDGET TRANSFERS ADMENDMENT AMENDED BUDGET * GENERAL FUND REVENUES 130,318,620 132,800,120 132,237,106 132,217,558 3,708,000 136,508,120 CITY COMMISSION 417,399 438,399 468,343 468,343 35,000 0 473,399 CITY MANAGER 850,748 881,248 858,170 858,170 0 0 881,248 CITY HALL/GEN ADMIN 4,189,762 3,408,262 3,210,571 3,214,039 (61,000)0 3,347,262 MARKETING/COMMUNICATIONS 318,212 220,379 148,860 148,860 (24,000)0 196,379 SPECIAL EVENTS 1,444,565 1,572,398 1,554,633 1,569,466 24,000 0 1,596,398 TOWN SQUARE 4,216,131 4,532,631 4,557,113 4,557,113 26,000 0 4,558,631 PUBLIC AFFAIRS 459,552 459,552 367,757 371,322 0 0 459,552 DEPT INTERNAL INVESTIGATION 607,121 607,121 572,109 572,109 0 0 607,121 REAL ESTATE & SPECIAL PROJECTS 198,842 198,842 164,864 167,634 0 0 198,842 CITY CLERK 940,817 940,817 843,633 858,638 0 0 940,817 FINANCIAL SERVICES 2,519,881 2,519,881 2,403,673 2,426,576 0 0 2,519,881 ITS 3,683,105 3,683,105 3,425,593 3,313,172 0 0 3,683,105 HUMAN RESOURCES 1,630,439 1,680,439 1,468,748 1,470,540 0 0 1,680,439 CITY ATTORNEY 1,705,752 1,795,752 1,691,675 1,682,333 0 0 1,795,752 UNIFORM SERVICES 22,831,355 22,831,355 23,298,808 23,355,719 0 544,000 23,375,355 OFFICE OF THE CHIEF 7,044,692 7,054,692 6,792,175 6,825,705 0 0 7,054,692 SUPPORT SERVICES 16,115,220 16,786,220 17,070,488 17,083,750 0 318,000 17,104,220 FIRE 37,279,598 38,709,598 41,045,273 41,141,105 0 2,846,000 41,555,598 CODE ENFORCEMENT 1,434,301 1,434,462 1,218,604 1,218,605 0 0 1,434,462 EMERGENCY MANGEMENT 32,181 32,181 1,669 1,669 0 0 32,181 DEVELOPMENT 423,353 423,353 370,513 370,513 0 0 423,353 ENGINEERING 401,654 401,493 265,000 311,399 0 0 401,493 PLANNING & ZONING 1,086,011 1,084,711 977,357 1,065,357 0 0 1,084,711 ECONOMIC DEVELOPMENT 624,010 625,310 590,261 590,261 0 0 625,310 PUBLIC WORKS 273,330 273,330 276,595 276,595 5,000 0 278,330 FACILITIES MANAGEMENT 2,915,314 3,338,314 3,168,346 3,203,856 (5,000)0 3,333,314 BEAUTIFICATION & STREETS 2,477,488 2,477,488 2,530,943 2,536,155 64,550 0 2,542,038 PARKING SERVICES 1,022,567 1,042,567 1,062,964 1,062,964 33,550 0 1,076,117 CONSTRUCTION SERVICES 1,004,184 986,184 859,841 859,999 (33,550)0 952,634 LIBRARY 2,868,208 2,868,208 2,736,538 2,737,108 (64,550)0 2,803,658 SCHOOLHOUSE MUSEUM 254,246 254,246 219,312 219,312 0 0 254,246 RECREATION & CULTURAL SERVICES 419,450 423,450 411,983 411,983 0 0 423,450 RECREATION 2,921,817 3,066,817 2,851,159 2,857,927 0 0 3,066,817 WOMEN"S CLUB 103,500 103,500 21,576 21,576 0 0 103,500 ARTS & CULTURAL CENTER 1,001,882 1,001,882 723,683 723,683 0 0 1,001,882 PARKS & GROUNDS 4,601,933 4,641,933 4,472,732 4,483,375 0 0 4,641,933 RESERVES 0 0 2,240 2,240 0 0 0 CRA REIMBURSABLE 0 0 34,808 34,808 0 0 0 130,318,620 132,800,120 132,738,610 133,073,979 0 3,708,000 136,508,120 3,708,000 Note: Many funds with various department/divisions still require department level budget adjustments. CITY OF BOYNTON BEACH BUDGET AMENDMENT BUDGET YEAR 2024 - 2025 S:\Finance\Budget Amendments and Transfers\FY2025-26\FY2024-25 YE Dept Budget Adjustment\FY2024-25 All Funds Department Budget Amendment (Nov 18, 2025 Meeting)11/8/2025296 Exhibit A 2024/25 2024/25 CURRENT AMENDED BUDGET Revenue Expenditures BUDGET General Fund 001-0000-342.13-00 POLICE SPECIAL DETAIL 800,000 544,000 1,344,000 001-0000-342.14-00 POLICE SRVS CONTRACT/CRA 300,000 318,000 618,000 001-0000-369.30-00 SETTLEMENTS 0 2,846,000 2,846,000 Adopted Fund Total Revenues 132,800,120 3,708,000 136,508,120 001-2110-521.12-10 REGULAR SALARIES/WAGES 11,176,862 275,000 11,451,862 001-2110-521.14-20 REIMBURSABLE WAGES 429,672 170,000 599,672 001-2110-521.21-10 EMPLOYER FICA 992,058 84,000 1,076,058 001-2110-521.64-02 GENERAL EQUIPMENT 51,196 15,000 66,196 001-2112-521.12-10 REGULAR SALARIES/WAGES 8,157,914 318,000 8,475,914 001-2210-522.12-10 REGULAR SALARIES/WAGES 18,444,336 608,000 19,052,336 001-2210-522.12-20 HOLIDAY PAY 586,539 502,000 1,088,539 001-2210-522.14-10 OVERTIME 620,000 365,000 985,000 001-2210-522.15-40 INCENTIVE PAY 160,120 42,000 202,120 001-2210-522.21-10 EMPLOYER FICA 1,410,353 178,000 1,588,353 001-2210-522.22-31 FIREFIGHTERS' SUPPL INS 456,469 32,000 488,469 001-2210-522.23-30 HEALTH INSURANCE 1,867,760 305,000 2,172,760 001-2210-522.23-40 DENTAL INSURANCE 76,986 49,000 125,986 001-2210-522.46-30 VEHICLE MAINT. - GARAGE 520,000 765,000 1,285,000 Adopted Fund Total Expenses 132,800,120 3,708,000 136,508,120 Golf Fund 411-0000-389.92-00 NET ASSETS APPROPR 281,490 411,000 692,490 Adopted Fund Total Revenues 3,813,150 411,000 4,224,150 411-2910-572.64-33 VEHICLE PURCHASES 0 411,000 411,000 Adopted Fund Total Expenses 3,813,150 411,000 4,224,150 Self-Insurance Fund 522-0000-389.92-00 NET ASSETS APPROPR (24,551) 287,000 262,449 Adopted Fund Total Revenues 6,905,031 287,000 - 7,192,031 522-1710-519.49-25 SELF INSURED LOSS - WC 1,100,000 287,000 1,387,000 - Adopted Fund Total Expenses 6,905,031 287,000 7,192,031 Boynton Beach Mausoleum 632-0000-361.01-00 INTEREST INCOME 90,000 14,200 104,200 Adopted Fund Total Revenues 78,241 14,200 - 92,441 632-3110-539.43-10 ELECTRIC SERVICE 5,000 200 5,200 632-3110-539.43-20 WATER/SEWER SERVICE 8,000 7,000 15,000 632-3110-539.49-17 OTHER CONTRACTUAL SRVS 60,741 6,000 66,741 632-3110-539.52-01 SUPPLIES 2,000 1,000 3,000 - Adopted Fund Total Expenses 78,241 14,200 92,441 CITY OF BOYNTON BEACH EXPENDITURE & REVENUE AMENDMENTS FISCAL YEAR 2024 - 2025 CITY MANAGER/COMMISSION Budget Adjustment 297 City of Boynton Beach Agenda Item Request Form 6.I Consent Agenda 11/18/2025 Meeting Date: 11/18/2025 Proposed Resolution No. R25-308- FY2025-26 Budget Amendment modifying various Funds to address FY2024-25 Purchase Orders (Encumbrances). Requested Action: Staff recommends approval of Proposed Resolution No. R25-308. Explanation of Request: Amend various FY 2025-26 Capital Project accounts. This request will adjust budgeted appropriations and revenue sources and provide spending authority for the General Fund (001), Traffic Fund (103), Building Fund (130), Public Arts Fund (151), Capital Improvement Funds (302 & 303), Utility Operating Fund (401), Utility Capital Improvement Funds (403 & 404), Golf Fund (411), Gold Capital Fund (412), Solid Waste (431), Fleet Fund (501), Risk Management (522), and Cemetery Fund (632). The FY 2025-26 Budget was adopted on September 18, 2025. During the new fiscal year that started on October 1, 2025, purchase orders for capital improvement projects, fleet operations, and contractual services from the prior fiscal year 2024-25 were identified during the month of October through November. This type of budget amendment is part of the annual budget process. The budget adjustment will increase the Fund’s total appropriation, which requires City Commission approval. The City’s capital projects and fleet vehicle purchases may span multiple years. Under best budgeting practices and governmental accounting standards, these funds should be re-appropriated to provide the continued spending authority for these projects. Accordingly, during FY 2025-26 budget modifications will be made to various Funds, see Exhibit A, staff is requesting Commission approval. The General Fund (001) will be amended from $136,605,950 to $137,112,289 for contractual services. The Traffic Fund will be amended from $9,916,806 to $11,273,451 for Motorola Solutions purchase order. The Building Fund will be amended from $5,476,655 to $5,614,996 for contractual services. The Public Arts Fund (151) will be amended from $377,698 to $458,498 for art related contractual services. The Capital Improvement Fund (302) will be amended from $32,435,599 to $37,059,604 and the Surtax CIP Fund (303) will be amended from $6,699,056 to $8,526,936 all due to available prior year project budgets. The Water Operating Fund budget will be amended from $74,214,216 to $74,215,393 for contractual services. The Water & Sewer Utility Capital Fund (403) will be amended from $45,883,352 to $80,087,797 and the Utility Capital Expansion Fund (404) amended from $3,340,400 to $3,498,811 due to various projects from the previous fiscal year. The Golf Fund (411) will be amended from $4,167,547 to $5,163,293 and Golf CIP Fund (412) will be amened from $6,800,082 to $6,813,204 for various contracts. The Solid Waste Fund (431) will be amended from $17,267,410 to $17,661,150 due to vehicle 298 purchases. The Fleet Fund (501) will be amended from $10,360,535 to $20,696,184, and the Risk Management Fund (522) will be amended from $7,296,326 to $7,334,288 due to purchase orders for vehicle purchases, fuel contract, and parts maintenance, etc. The Boynton Beach Mausoleum Fund (632) will be amended from $468,000 to $484,529 due to various contractual agreements. Additionally, the Building Fund has agreed to loan the Traffic Fund $1.4 million at a interest rate of 1% over a five period to fund Purchase Order 250645 for the Motorola radios. The estimated annual payment is $288,456. How will this affect city programs or services? Allow for the continuance of good and appropriate budgeting practices. Budgeted Item: Yes Account Line Item and Description: See attached Exhibit A. Fiscal Impact: Various Funds Attachments: R25-308 Agenda_Item_3874-2025_Resolution_for_Encumbrances_-_Budget.docx EXHIBIT A - PY24-25 PO Encumbrances Budget Amendment for FY25-26.pdf Traffic Fund Interfund Loan from Building Fund.pdf 299 RESOLUTION NO. R25-308 1 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 2 BEACH, FLORIDA, APPROVING PRIOR YEARS’ PURCHASE ORDERS 3 BUDGET AMENDMENTS BUDGET YEAR 2025-2026; AND FOR ALL 4 OTHER PURPOSES. 5 6 WHEREAS, amend various Fiscal Year 2025-26 Capital Project accounts. This request will 7 adjust budgeted appropriations and revenue sources and provide spending authority for the 8 General Fund (001), Traffic Fund (103), Building Fund (130), Public Arts Fund (151), Capital 9 Improvement Funds (302 & 303), Utility Operating Fund (401), Utility Capital Improvement Funds 10 (403 & 404), Golf Fund (411), Gold Capital Fund (412), Solid Waste (431), Fleet Fund (501), Risk 11 Management (522), and Cemetery Fund (632); and 12 WHEREAS, the FY 2025-26 Budget was adopted on September 18, 2025, by Resolution 13 No. R25-245. During the new fiscal year, which began on October 1, 2025, purchase orders for 14 capital improvement projects, fleet operations, and contractual services from the prior fiscal year, 15 2024-25, were identified in October and November. This type of budget amendment is part of the 16 annual budget process. The budget adjustment will increase the Fund’s total appropriation, which 17 requires approval by the City Commission. The City’s capital projects and fleet vehicle purchases 18 may span multiple years. According to best budgeting practices and governmental accounting 19 standards, these funds should be reappropriated to provide continued spending authority for 20 these projects; and 21 WHEREAS, accordingly, during FY 2025-26, budget modifications will be made to various 22 Funds, as shown in Exhibit A. The General Fund (001) will be amended from $136,605,950 to 23 $137,112,289 for contractual services. The Traffic Fund will be amended from $9,916,806 to 24 $11,273,451 for the Motorola Solutions purchase order. The Building Fund will be amended from 25 $5,476,655 to $5,614,996 for contractual services. The Public Arts Fund (151) will be amended from 26 $377,698 to $458,498 for art-related contractual services. The Capital Improvement Fund (302) 27 will be amended from $32,435,599 to $37,059,604, and the Surtax CIP Fund (303) will be amended 28 from $6,699,056 to $8,526,936, both due to the availability of prior year project budgets. The 29 Water Operating Fund budget will be amended from $74,214,216 to $74,215,393 for contractual 30 services. The Water & Sewer Utility Capital Fund (403) will be amended from $45,883,352 to 31 300 RESOLUTION NO. R25-308 $80,087,797, and the Utility Capital Expansion Fund (404) will be amended from $3,340,400 to 32 $3,498,811 due to various projects from the previous fiscal year. The Golf Fund (411) will be 33 amended from $4,167,547 to $5,163,293, and the Golf CIP Fund (412) will be amended from 34 $6,800,082 to $6,813,204 for various contracts. The Solid Waste Fund (431) will be amended from 35 $17,267,410 to $17,661,150 due to vehicle purchases. The Fleet Fund (501) will be amended from 36 $10,360,535 to $20,696,184, and the Risk Management Fund (522) will be amended from 37 $7,296,326 to $7,334,288 due to purchase orders for vehicles, fuel contracts, and parts 38 maintenance, among other expenses. The Boynton Beach Mausoleum Fund (632) will be amended 39 from $468,000 to $484,529 due to various contractual agreements. Additionally, the Building Fund 40 has agreed to loan the Traffic Fund $1.4 million at an interest rate of 1% over a five-year period 41 to fund the purchase order 250645 for the Motorola radios. The estimated annual payment is 42 $288,456; and 43 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 44 best interests of the City’s citizens and residents to approve prior years' Purchase Orders Budget 45 Amendments, Budget Year 2025-2026. 46 47 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 48 BEACH, FLORIDA, THAT: 49 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 50 being true and correct and are hereby made a specific part of this Resolution upon adoption. 51 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 52 approve prior years' Purchase Orders Budget Amendments, Budget Year 2025-2026, as further 53 detailed in Exhibit A, attached hereto. 54 SECTION 3. This Resolution shall take effect in accordance with the law. 55 56 [signatures on the following page] 57 58 301 RESOLUTION NO. R25-308 PASSED AND ADOPTED this ______________ day of ______________________________ 2025. 59 CITY OF BOYNTON BEACH, FLORIDA 60 YES NO 61 Mayor – Rebecca Shelton _____ _____ 62 63 Vice Mayor – Woodrow L. Hay _____ _____ 64 65 Commissioner – Angela Cruz _____ _____ 66 67 Commissioner – Thomas Turkin _____ _____ 68 69 Commissioner – Aimee Kelley _____ _____ 70 71 VOTE ______ 72 ATTEST: 73 74 _____________________________ ______________________________ 75 Maylee De Jesús, MPA, MMC Rebecca Shelton 76 City Clerk Mayor 77 78 APPROVED AS TO FORM: 79 (Corporate Seal) 80 81 _______________________________ 82 Shawna G. Lamb 83 City Attorney 84 302 2025/26 2025/26 CURRENT AMENDED ACCOUNT NUMBER ACCOUNT DESCRIPTION BUDGET Revenue Budget/PO Amounts BUDGET PO Number Project Number Vendor Number Vendor Name GENERAL FUND 001-0000-389.91-00 FUND BALANCE APPROPRIATED 2,286,118 506,339 2,792,457 Adopted Fund Total Revenues 136,605,950$ 506,339$ 137,112,289$ 001-2413-524.49-17 OTHER CONTRACTUAL SRVS 60,000 8,639 68,639 251727 12446 CHEN MOORE & ASS 001-2413-524.49-17 OTHER CONTRACTUAL SRVS 68,639 29,700 98,339 251545 1682 KIMLEY HORN & AS 001-2414-515.49-17 OTHER CONTRACTUAL SRVS 100,000 88,000 188,000 251727 12446 CHEN MOORE & ASS 001-2512-541.49-17 OTHER CONTRACTUAL SRVS 602,225 380,000 982,225 260254 17285 PROPERTY WORKS Adopted Fund Total Expenses 136,605,950 506,339 137,112,289$ TRAFFIC FUND 103-0000-389.91-00 FUND BALANCE APPROPRIATED 19,087 1,356,645 1,375,732 Adopted Fund Total Revenues 9,916,806$ 1,356,645$ 11,273,451$ 103-2110-521.64-02 GENERAL EQUIPMENT - (700,738) (700,738) 250645 11479 MOTOROLA SOLUTIO 103-2110-521.64-15 COMPUTER EQUIPMENT - 2,057,383 2,057,383 250645 11479 MOTOROLA SOLUTIO Adopted Fund Total Expenses 9,916,806 1,356,645 11,273,451$ BUILDING FUND 130-0000-389.91-00 FUND BALANCE APPROPRIATED 153,655 138,341 291,996 Adopted Fund Total Revenues 5,476,655$ 138,341$ 5,614,996$ 130-2411-524.64-33 VEHICLE PURCHASES 38,000 59,192 97,192 251755 13292 BARTOW FORD CO 130-2411-524.46-91 SOFTWARE MAINTENANCE 212,686 39,614 252,300 250978 19638 GLOBAL TECHNOLOG 130-2411-524.34-25 NUISANCE ABATEMENT 45,000 39,535 84,535 251611 18421 WAYPOINT CONTRAC Adopted Fund Total Expenses 5,476,655 138,341 5,614,996$ PUBLIC ARTS FUND 151-0000-389.91-00 FUND BALANCE APPROPRIATED (242,302) 80,800 (161,502) Adopted Fund Total Revenues 377,698$ 4,083,450$ 4,461,148$ 151-2611-579.49-17 OTHER CONTRACTUAL SRVS 30,000 75,400 105,400 251679 20585 FUTUREFORMS 151-2611-579.49-17 OTHER CONTRACTUAL SRVS 105,400 5,400 110,800 241527 16427 PUBLIC ART WORKS Adopted Fund Total Expenses 377,698 80,800 458,498$ CAPITAL IMPROVEMENT FUND 302-0000-334.99-00 VARIOUS 3,210,000 119,878$ 3,329,878$ 302-0000-369.22-00 CRA REIMBURSEMENT 9,350,000 576,210$ 9,926,210$ 302-0000-384.01-00 BOND PROCEEDS 15,044,288 809,075$ 15,853,363$ 302-0000-389.91-00 FUND BALANCE - 3,927,917 3,927,917 Adopted Fund Total Revenues 32,435,599$ 5,433,080$ 37,868,679$ 302-4101-522.64-15 COMPUTER EQUIPMENT - 30,575 30,575 251293 FA2508 Phoenix Alert System 20451 HONEYWELL INTERN 302-4101-522.64-15 COMPUTER EQUIPMENT 30,575 3,000 33,575 251496 FA2508 Phoenix Alert System 19308 MARK43, INC 302-4101-580.51-25 COMPUTER EQUIPMENT <$5000 - 23,679 23,679 251757 IT2503 Network Connectivity 6957 PRECISION CONTRA 302-4107-573.62-01 BUILDING IMPROVEMENTS - 369,567 369,567 251711 GG2509 SCHOOLHOUSE MUS.ELV 20071 KONE, INC 302-4107-573.64-18 AIR CONDITIONERS - 65,824 65,824 251584 GH2501 Schoolhouse Museum-HVAC 16907 HOMRICH CORPORAT 302-4115-572.63-05 PARKS IMPROVEMENTS - 276,073 276,073 251675 RP2509 Pence Park - Reconstructi 17254 WEST ARCHITECTUR 302-4116-580.62-01 BUILDING IMPROVEMENTS - 212,095 212,095 251730 GG2508 PW-AUX BLDG RE-ROOF 91 ADVANCED ROOFING 302-4126-522.62-01 BUILDING IMPROVEMENTS 630,000 6,859 636,859 231269 FA2205 Fire Station # 2 (Hardeni 17254 WEST ARCHITECTUR 302-4145-580.62-01 BUILDING IMPROVEMENTS 500,000 14,745 514,745 241611 RP2203 Hist Women's Club Improv 17252 ALEXIS KNIGHT AR 302-4145-580.62-01 BUILDING IMPROVEMENTS 514,745 2,500 517,245 221830 RP2203 Hist Women's Club Improv 6995 2GHO INC. LANSCA 302-4145-580.63-08 STREET IMPROVEMENTS - 15,828 15,828 221830 RP2139 Women's Club-PedestrnWalk 6995 2GHO INC. LANSCA 302-4199-522.62-01 BUILDING IMPROVEMENTS 5,350,000 229,877 5,579,877 251674 FA2503 Marine Complex 17254 WEST ARCHITECTUR 302-4199-572.63-05 PARKS IMPROVEMENTS 750,000 30,550 780,550 251479 RP2513 Centennial Pk-Landscape R 17284 ATLANTIC SOUTHER 302-4199-572.63-05 PARKS IMPROVEMENTS 780,550 30,821 811,371 251618 RP2513 Centennial Pk-Landscape R 20249 KEITH 302-4209-572.63-05 PARKS IMPROVEMENTS - 41,973 41,973 251654 RP2534 Hester Ctr-Press Box Encl 20020 JFB CONSTRUCTION 302-4209-572.63-05 PARKS IMPROVEMENTS 41,973 1,000 42,973 251742 RP2540 Hester Ctr- Field Fence 1863 MARTIN FENCE CO. 302-4211-572.63-05 PARKS IMPROVEMENTS 18,000 66,000 84,000 251650 RP2533 Oyer Pk-Bait Shop Reno 16907 HOMRICH CORPORAT 302-4211-572.63-05 PARKS IMPROVEMENTS 84,000 97,659 181,659 251531 RP2508 FD-Boat Dock and Lift Pro 20536 SEASIDE MARINE C 302-4217-572.63-05 PARKS IMPROVEMENTS 1,013,899 25,235 1,039,134 251688 RP2538 Pionner Park-Tennis Court 18408 ARMOR COURTS INC Amendment related to CITY OF BOYNTON BEACH PRIOR YEARS PURCHASE ORDERS BUDGET AMENDMENTS BUDGET YEAR 2025-26, Commission Meeting 11/18/25 Amendment 303 2025/26 2025/26 CURRENT AMENDED ACCOUNT NUMBER ACCOUNT DESCRIPTION BUDGET Revenue Budget/PO Amounts BUDGET PO Number Project Number Vendor Number Vendor Name Amendment related to CITY OF BOYNTON BEACH PRIOR YEARS PURCHASE ORDERS BUDGET AMENDMENTS BUDGET YEAR 2025-26, Commission Meeting 11/18/25 Amendment 302-4218-572.63-05 PARKS IMPROVEMENTS 334,000 1,590 335,590 241274 RP2417 Sara Sims Cemetery Expans 6995 2GHO INC. LANSCA 302-4220-572.63-05 PARKS IMPROVEMENTS 23,000 9,250 32,250 251585 GG2305 Little League Site Improv 20562 CAROLINA CARPORT 302-4220-572.63-05 PARKS IMPROVEMENTS 32,250 29,400 61,650 251242 GG2305 Little League Site Improv 553 CAULFIELD & WHEE 302-4220-572.63-05 PARKS IMPROVEMENTS 61,650 15,360 77,010 251768 RP2521 Portable BathroomTrailers 20616 CRD WRAPS 302-4220-572.63-05 PARKS IMPROVEMENTS 77,010 9,870 86,880 251471 GG2305 Little League Site Improv 20538 EVERSAFE BUILDIN 302-4220-572.63-05 PARKS IMPROVEMENTS 86,880 82,119 168,999 230791 GG2305 Little League Site Improv 17254 WEST ARCHITECTUR 302-4223-572.63-05 PARKS IMPROVEMENTS - 19,320 19,320 251478 RP2504 Intracoastal P-Artif.Reef 20246 GHD SERVICES, IN 302-4227-572.31-90 OTHER PROFESSIONAL SRVS - 17,480 17,480 251021 RP2117 Mangrove Pk-Boardwalk Dem 20249 KEITH 302-4235-572.63-05 PARKS IMPROVEMENTS 550,000 50,184 600,184 251697 RP2537 Jaycee Pk Bocchi CT Shade 8002 INDUSTRIAL SHADE 302-4235-572.63-05 PARKS IMPROVEMENTS 600,184 123,534 723,718 251684 RP2511 Jaycee Pk-Master (Design) 20250 MILLER LEGG 302-4245-572.63-05 PARKS IMPROVEMENTS 460,000 141,983 601,983 251683 RP2539 Boynton Beach HS Pk Impro 14244 MULLINGS ENGINEERING SVCS 302-4415-572.62-01 BUILDING IMPROVEMENTS - 15,415 15,415 240611 GG2402 ACC Auditorium Upgrades 17252 ALEXIS KNIGHT AR 302-4415-572.62-01 BUILDING IMPROVEMENTS 15,415 357,101 372,516 251402 GG2402 ACC Auditorium Upgrades 20482 LASSCO DEVELOPME 302-4415-572.64-16 FURNITURE & FIXTURES - 129,172 129,172 251802 GG2507 Arts & CC-Event Hall Seat 17173 J.C. WHITE ARCHI 302-4904-541.63-03 AMERICAN DISABILITIES ACT - 1,600 1,600 251238 TR2507 Tk 196-SE 3rd St Improv 17284 ATLANTIC SOUTHER 302-4904-541.63-03 AMERICAN DISABILITIES ACT 1,600 34,820 36,420 251644 TR2516 Task 230-MLK BLVD IMP 17284 ATLANTIC SOUTHER 302-4904-541.63-03 AMERICAN DISABILITIES ACT 36,420 132,591 169,011 251238 TR2507 Tk 196-SE 3rd St Improv 17284 ATLANTIC SOUTHER 302-4904-541.63-03 AMERICAN DISABILITIES ACT 169,011 256,006 425,017 251644 TR2516 Task 230-MLK BLVD IMP 17284 ATLANTIC SOUTHER 302-4904-541.63-24 SIDEWALKS - 19,828 19,828 251644 TR2516 Task 230-MLK BLVD IMP 17284 ATLANTIC SOUTHER 302-4905-541.63-08 STREET IMPROVEMENTS 5,710,036 171,473 5,881,509 251238 TR2507 Tk 196-SE 3rd St Improv 17284 ATLANTIC SOUTHER 302-4905-541.63-08 STREET IMPROVEMENTS 251,238 558,723 809,961 251608 TR2513 Tk 255-Chapel Hill Resurf 17284 ATLANTIC SOUTHER 302-4905-541.63-08 STREET IMPROVEMENTS 5,710,036 503,793 6,213,829 251646 TR2515 Task 227Meadows Com R. 17284 ATLANTIC SOUTHER 302-4905-541.63-08 STREET IMPROVEMENTS 6,213,829 58,329 6,272,158 251662 TR2512 NE 15th Av-Sidewalk Exten 17284 ATLANTIC SOUTHER 302-4905-541.63-08 STREET IMPROVEMENTS 6,272,158 56,716 6,328,874 210833 TR2104 SE 36th Av -Gulfstream 17251 CALVIN, GIORDANO 302-4905-541.63-08 STREET IMPROVEMENTS 6,328,874 86,752 6,415,626 251266 TR2504 Seacrest Blvd. Streetscap 20244 CRAVEN, THOMPSON 302-4905-580.31-90 OTHER PROFESSIONAL SRVS - 136,825 136,825 251524 TR2405 NE 6th St-Pedestrian Xing 12418 FL DEPT OF TRANS 302-4905-580.63-07 CRA IMPROVEMENTS - 26,069 26,069 221094 TR2110 CRA Improvements 17252 ALEXIS KNIGHT AR 302-4905-580.63-07 CRA IMPROVEMENTS - 5,907 5,907 221115 TR2110 CRA Improvements 787 DAVCO ELECTRICAL 302-4905-541.63-08 STREET IMPROVEMENTS 5,710,036 4,558 5,714,594 210833 TR2104 SE 36th Av -Gulfstream 17251 CALVIN, GIORDANO 302-4905-580.63-08 STREET IMPROVEMENTS - 11,919 11,919 210359 TR2001 South East 1st Street 1682 KIMLEY HORN & AS 302-4906-541.63-22 BRIDGE IMPROVEMENTS - 1,255 1,255 251161 TR2503 Ocean Av-Bridge Improveme 15731 MOTPLANS.COM 302-4906-541.63-22 BRIDGE IMPROVEMENTS 1,255 11,205 12,460 250942 TR2503 Ocean Av-Bridge Improveme 7921 TJ BOWLES ELECTR 0 - 0 0 Adopted Fund Total Expenses 32,435,599$ 4,624,005$ 37,059,604$ LOCAL GOV'T SURTAX CIP FUND 303-0000-389.91-00 FUND BALANCE - 1,827,880$ 1,827,880$ Adopted Fund Total Revenues 6,699,056$ 1,827,880$ 8,526,936$ 303-1214-572.64-04 PLAYGROUND EQUIPMENT - 96,582 96,582 251447 RP2525 Kapok Park - PIP Replacem 20483 PRO PLAYGROUND 303-1214-572.64-04 PLAYGROUND EQUIPMENT - 88,399 88,399 251447 RP2526 Kapok Park - Shade Struct 20483 PRO PLAYGROUND 303-4107-573.62-01 BUILDING IMPROVEMENTS 51,000 184,450 235,450 251523 GG2405 Children's Museum-Repairs 16907 HOMRICH CORPORAT 303-4107-573.62-01 BUILDING IMPROVEMENTS 235,450 7,550 243,000 241280 GG2405 Children's Museum-Repairs 19843 SRI CONSULTANTS, 303-4119-521.64-15 COMPUTER EQUIPMENT 13,583 4,359 17,942 251720 PD2308 PD-Commn. Server Room 15079 VTECHIO 303-4129-522.62-01 BUILDING IMPROVEMENTS 14,870 1,720 16,590 231357 FA2306 FS #5 - Generator Replac 17252 ALEXIS KNIGHT AR 303-4129-522.62-01 BUILDING IMPROVEMENTS 16,590 169,660 186,250 251632 FA2512 FS5-EOC Roof,Waterproof,W 20552 BEST ROOFING SER 303-4129-522.62-01 BUILDING IMPROVEMENTS 186,250 7,490 193,740 241661 FA2403 FS5 - EOC Remodel 19982 FLOOR COVERINGS 303-4129-522.62-01 BUILDING IMPROVEMENTS 193,740 176,460 370,200 251731 FA2403 FS5 - EOC Remodel 11479 MOTOROLA SOLUTIO 303-4129-522.64-02 GENERAL EQUIPMENT - 720,738 720,738 251229 FA2401 FS 5-Generator&Fuel Tank 20253 JT EQUIPMENT SER 303-4199-580.62-01 BUILDING IMPROVEMENTS - 7,130 7,130 241637 GG2306 Library & City Sign 1019 FASTSIGNS 303-4209-572.63-05 PARKS IMPROVEMENTS 18,485 39,936 58,421 251773 RP2531 Hester Ctr-Goal Post Nets 284 BSN SPORTS 303-4209-572.63-05 PARKS IMPROVEMENTS 58,421 1,171 59,592 210467 RP2101 Hester Center-Site Improv 6995 2GHO INC. LANSCA 303-4211-572.63-05 PARKS IMPROVEMENTS - 21,260 21,260 231013 RP2213 OYER PARK - FISH PIER REP 16616 SEA DIVERSIFIED 303-4216-572.63-05 PARKS IMPROVEMENTS - 28,000 28,000 251743 RP2409 Meadows-Tennis Ct Resurfa 18408 ARMOR COURTS INC 303-4217-572.63-05 PARKS IMPROVEMENTS - 16,325 16,325 240584 RP2410 PioneerPark-Boat Ramp Rpl 17252 ALEXIS KNIGHT AR 303-4220-572.63-05 PARKS IMPROVEMENTS - 25,323 25,323 241000 RP2413 Little League Pk Renovati 17251 CALVIN, GIORDANO 303-4227-572.62-01 BUILDING IMPROVEMENTS 591,020 63,780 654,800 251021 RP2117 Mangrove Pk-Boardwalk Dem 20249 KEITH 303-4905-541.63-08 STREET IMPROVEMENTS 1,060,894 47,800 1,108,694 251480 TR2508 Springfield Blvd-St Impro 14909 ALL COUNTY PAVIN 303-4905-541.63-10 LANDSCAPING - 108,045 108,045 251715 TR2510 Lawrence Road Beautificat 20244 CRAVEN, THOMPSON 303-4905-541.63-23 RR CROSSING UPGRADES - 11,702 11,702 251564 TR1001 FEC Crossing Upgrade 17284 ATLANTIC SOUTHER Adopted Fund Total Expenses 6,699,056$ 1,827,880$ 8,526,936$ 304 2025/26 2025/26 CURRENT AMENDED ACCOUNT NUMBER ACCOUNT DESCRIPTION BUDGET Revenue Budget/PO Amounts BUDGET PO Number Project Number Vendor Number Vendor Name Amendment related to CITY OF BOYNTON BEACH PRIOR YEARS PURCHASE ORDERS BUDGET AMENDMENTS BUDGET YEAR 2025-26, Commission Meeting 11/18/25 Amendment UTILITY OPERATING FUND 401-0000-389.92-00 NET ASSETS APPROPR 12,208,376 1,177$ 12,209,553$ Adopted Fund Total Revenues 74,214,216$ 1,177$ 74,215,393$ 401-2823-536.31-90 OTHER PROFESSIONAL SRVS 150,000 1,177 151,177 251727 12446 CHEN MOORE & ASS Adopted Fund Total Expenditures 74,214,216$ 1,177$ 74,215,393$ UTILITY FUND GENERAL CIP FUND - - -$ -$ 403-0000-337.27-17 DEPT OF ECON. OPPORTUN 16,500,000 439,189$ 16,939,189$ 403-0000-389.92-00 NET ASSETS APPROPR 10,885,675 33,765,256$ 44,650,931$ Adopted Fund Total Revenues 45,883,352$ 34,204,445$ 80,087,797$ 403-5000-533.31-90 OTHER PROFESSIONAL SRVS 50,000 111,369 161,369 251133 US2403 WT/SW Distr.Hydraulic Mo 15111 CAROLLO ENGINEER 403-5000-533.65-02 R&R - WATER 18,605,553 10,508 18,616,061 211392 UC2102 Coquina Cove Wtr/Stm Impr 9499 AECOM TECHNICAL 403-5000-533.65-02 R&R - WATER 18,616,061 1,500 18,617,561 230653 WTR075 Repl elect panels at well 30 AMPS INC. 403-5000-533.65-02 R&R - WATER 18,617,561 4,800 18,622,361 241097 WT2303 Admin Building Remodel 14283 ANZCO, INC. 403-5000-533.65-02 R&R - WATER 18,622,361 40,639 18,663,001 221321 WT1802 Water System Annual R&R 14558 BOARD OF COUNTY 403-5000-533.65-02 R&R - WATER 18,663,001 467 18,663,467 221481 WTR127 Water Plant Security 18144 BROADCAST SYSTEM 403-5000-533.65-02 R&R - WATER 18,663,467 52,834 18,716,301 210833 TR2104 SE 36th Av -Gulfstream 17251 CALVIN, GIORDANO 403-5000-533.65-02 R&R - WATER 18,605,553 81,488 18,687,041 230707 WT2201 East Plant Filter Refurbi 15111 CAROLLO ENGINEER 403-5000-533.65-02 R&R - WATER 18,687,041 3,234 18,690,275 231485 WTR105 Telemetry Sys Upgrade R&R 15111 CAROLLO ENGINEER 403-5000-533.65-02 R&R - WATER 18,690,275 83,938 18,774,213 231485 WT2104 West Wellfield Electrical 15111 CAROLLO ENGINEER 403-5000-533.65-02 R&R - WATER 18,690,275 321,272 19,011,547 251180 UC2503 Sea Meadows-WT SW Improvm 15111 CAROLLO ENGINEER 403-5000-533.65-02 R&R - WATER 19,011,547 245,105 19,256,652 251057 UC2501 I-95&Boynton B Blvd. Inte 531 CDM SMITH, INC. 403-5000-533.65-02 R&R - WATER 19,256,652 9,938 19,266,590 191014 WT1902 GENERATOR REPLACEMENT-EAS 13426 CH2M HILL ENGINE 403-5000-533.65-02 R&R - WATER 19,266,590 156,212 19,422,802 251586 UC2402 San Castle Imp(DEO Grant) 20242 COLLIERS ENGINEE 403-5000-533.65-02 R&R - WATER 19,422,802 749,395 20,172,197 251071 WT1605 New Lab Building 20260 EAST COAST CONST 403-5000-533.65-02 R&R - WATER 20,172,197 36,469 20,208,666 241406 WT2316 EWTP HSP 5&6 Improvements 16151 FL DESIGN DRILLI 403-5000-533.65-02 R&R - WATER 20,208,666 5,205,125 25,413,792 201490 WT1902 GENERATOR REPLACEMENT-EAS 9097 GLOBALTECH INC. 403-5000-533.65-02 R&R - WATER 25,413,792 21,154 25,434,946 221555 WT2103 East WTP R&R 9097 GLOBALTECH INC. 403-5000-533.65-02 R&R - WATER 25,434,946 241,045 25,675,990 240638 WTR105 Telemetry Sys Upgrade R&R 19282 GRID ONE ELECTRI 403-5000-533.65-02 R&R - WATER 25,675,990 31,079 25,707,069 240638 WT2104 West Wellfield Electrical 19282 GRID ONE ELECTRI 403-5000-533.65-02 R&R - WATER 25,707,069 52,865 25,759,934 241172 15789 IXOM WATERCARE, 403-5000-533.65-02 R&R - WATER 25,759,934 15,473 25,775,407 230448 WT2102 West WTP R&R 17883 JACOBS ENGINEERI 403-5000-533.65-02 R&R - WATER 25,775,407 27,545 25,802,952 251790 WT2304 Water Plant Security-West 9740 JADE COMMUNICATI 403-5000-533.65-02 R&R - WATER 25,802,952 369,567 26,172,519 251711 GG2509 SCHOOLHOUSE MUS.ELV 20071 KONE, INC 403-5000-533.65-02 R&R - WATER 26,172,519 369,567 26,542,086 251711 GG2509 SCHOOLHOUSE MUS.ELV 20071 KONE, INC 403-5000-533.65-02 R&R - WATER 26,542,086 14,961 26,557,047 250090 WT2415 BB Blvd Bike Path Restora 10458 MADSEN-BARR CORP 403-5000-533.65-02 R&R - WATER 26,557,047 53,029 26,610,076 241651 WT2401 Hihghview Rd Drainage Imp 15875 PBC BOARD OF COU 403-5000-533.65-02 R&R - WATER 26,610,076 3,000 26,613,076 250844 WT2301 DES- New Chiller 16693 SALAS O'BRIEN FL 403-5000-533.65-02 R&R - WATER 26,613,076 1,273,146 27,886,223 251798 UC2102 Coquina Cove Wtr/Stm Impr 18405 SOUTHERN UNDERGR 403-5000-533.65-02 R&R - WATER 27,886,223 18,550 27,904,773 221539 WT2103 East WTP R&R 17815 STAR CONTROLS IN 403-5000-533.65-02 R&R - WATER 27,904,773 365,066 28,269,839 221731 WT1902 GENERATOR REPLACEMENT-EAS 17269 TAW POWER SYSTEM 403-5000-533.65-02 R&R - WATER 28,269,839 67,277 28,337,116 231371 WT2303 Admin Building Remodel 17254 WEST ARCHITECTUR 403-5000-533.65-02 R&R - WATER 28,337,116 58,650 28,395,766 251713 WT1605 New Lab Building 17254 WEST ARCHITECTUR 403-5000-535.31-90 OTHER PROFESSIONAL SRVS 50,000 289,354 339,354 250721 US2401 Inflow & Infiltr. Study 15111 CAROLLO ENGINEER 403-5000-533.31-90 OTHER PROFESSIONAL SRVS 339,354 111,369 450,723 251133 US2403 WT/SW Distr.Hydraulic Mo 15111 CAROLLO ENGINEER 403-5000-535.65-04 R&R - SEWER 17,551,368 15,144 17,566,512 211392 UC2102 Coquina Cove Wtr/Stm Impr 9499 AECOM TECHNICAL 403-5000-535.65-04 R&R - SEWER 17,566,512 33,100 17,599,612 251699 SW2503 LS309 Pump #1 Replacement 17439 B & B UNDERGROUN 403-5000-535.65-04 R&R - SEWER 17,599,612 19,018 17,618,629 210605 SW1602 REPLACE SEWER TRMT PLANT 15111 CAROLLO ENGINEER 403-5000-535.65-04 R&R - SEWER 17,618,629 321,272 17,939,902 251180 UC2503 Sea Meadows-WT SW Improvm 15111 CAROLLO ENGINEER 403-5000-535.65-04 R&R - SEWER 17,939,902 116,999 18,056,901 231778 SW2201 Lift Station 410 - Connec 531 CDM SMITH, INC. 403-5000-535.65-04 R&R - SEWER 18,056,901 245,105 18,302,006 251057 UC2501 I-95&Boynton B Blvd. Inte 531 CDM SMITH, INC. 403-5000-535.65-04 R&R - SEWER 18,302,006 375,244 18,677,250 250849 SW1602 REPLACE SEWER TRMT PLANT 20192 CLOSE CONSTRUCTI 403-5000-535.65-04 R&R - SEWER 18,677,250 145,828 18,823,078 251586 UC2402 San Castle Imp(DEO Grant) 20242 COLLIERS ENGINEE 403-5000-535.65-04 R&R - SEWER 18,823,078 1,670 18,824,748 251610 SW2502 2220N Seacrest-SWR Point 20040 HINTERLAND GROUP 403-5000-535.65-04 R&R - SEWER 18,824,748 126,140 18,950,888 231670 SW2304 BB 20 Inch Sanitary Sewer 18982 INLINER SOLUTION 403-5000-535.65-04 R&R - SEWER 18,950,888 97,882 19,048,770 241411 SW2409 CIPP Golfview Harbor 18982 INLINER SOLUTION 403-5000-535.65-04 R&R - SEWER 19,048,770 286,519 19,335,289 251678 UC2103 Central Seacrest-Phase 3 4625 INSITUFORM TECHN 403-5000-535.65-04 R&R - SEWER 19,335,289 292,004 19,627,293 221466 18689 PCL CONSTRUCTION 403-5000-535.65-04 R&R - SEWER 19,627,293 9,479,409 29,106,702 221466 SW2202 Lift Station 317 Major Up 18689 PCL CONSTRUCTION 403-5000-535.65-04 R&R - SEWER 29,106,702 13,373 29,120,075 211639 SWR102 Odor Ctrl Sys Master L.S. 18418 RPM GENERAL CONT 403-5000-535.65-04 R&R - SEWER 29,120,075 103,225 29,223,300 251751 SW2504 Smart Level Remote Sewer 20507 SMARTCOVER SYSTE 403-5000-535.65-04 R&R - SEWER 29,223,300 2,229,039 31,452,339 251798 UC2102 Coquina Cove Wtr/Stm Impr 18405 SOUTHERN UNDERGR 403-5000-535.65-04 R&R - SEWER 31,452,339 6,300 31,458,639 251638 SW1901 Lift Station Communicatin 17815 STAR CONTROLS IN 403-5000-536.31-90 OTHER PROFESSIONAL SRVS 1,350,000 166,110 1,516,110 250836 UC2502 Infrastr. Risk Assessment 531 CDM SMITH, INC. 403-5000-536.31-90 OTHER PROFESSIONAL SRVS 1,516,110 114,065 1,630,175 230367 US2305 Grant Support Services 1682 KIMLEY HORN & AS 403-5000-536.31-90 OTHER PROFESSIONAL SRVS 1,630,175 689 1,630,864 231802 US2101 GIS Development-UT Atlas 19518 SURVEYING AND MA 403-5000-536.31-90 OTHER PROFESSIONAL SRVS 1,630,864 161,763 1,792,626 251649 US2101 GIS Development-UT Atlas 19518 SURVEYING AND MA 403-5000-536.64-15 COMPUTER EQUIPMENT - 338 338 230836 UC2202 SCADA CyberSecurity 19177 GRAY MATTER SYST 403-5000-538.31-90 OTHER PROFESSIONAL SRVS - 220,903 220,903 251320 US2302 STORMWATER MASTERPLAN 20245 EXP U.S. SERVICE 403-5000-538.65-09 R&R - STORMWATER 6,660,112 78,089 6,738,201 211392 UC2102 Coquina Cove Wtr/Stm Impr 9499 AECOM TECHNICAL 305 2025/26 2025/26 CURRENT AMENDED ACCOUNT NUMBER ACCOUNT DESCRIPTION BUDGET Revenue Budget/PO Amounts BUDGET PO Number Project Number Vendor Number Vendor Name Amendment related to CITY OF BOYNTON BEACH PRIOR YEARS PURCHASE ORDERS BUDGET AMENDMENTS BUDGET YEAR 2025-26, Commission Meeting 11/18/25 Amendment 403-5000-538.65-09 R&R - STORMWATER 6,738,201 2,218 6,740,419 220936 UC1802 Utility-Dimmick & Potter 16248 BAXTER & WOODMAN 403-5000-538.65-09 R&R - STORMWATER 6,740,419 1,480,847 8,221,266 251728 ST2402 Chapel Hill Stormw Improv 16248 BAXTER & WOODMAN 403-5000-538.65-09 R&R - STORMWATER 8,221,266 137,148 8,358,414 251586 UC2402 San Castle Imp(DEO Grant) 20242 COLLIERS ENGINEE 403-5000-538.65-09 R&R - STORMWATER 8,358,414 22,100 8,380,514 231617 ST2301 Quantum Pk-StormW CIPP Pr 18982 INLINER SOLUTION 403-5000-538.65-09 R&R - STORMWATER 8,380,514 43,655 8,424,169 241716 SW2413 Quantum-SW CIPP-Castilla 18982 INLINER SOLUTION 403-5000-538.65-09 R&R - STORMWATER 8,424,169 2,370,660 10,794,829 251798 UC2102 Coquina Cove Wtr/Stm Impr 18405 SOUTHERN UNDERGR 403-5025-533.65-02 R&R - WATER 10,794,829 5,001,599 15,796,428 251202 WT2501 East/West WTP-Upgrades 17883 JACOBS ENGINEERI Adopted Fund Total Expenditures 45,883,352$ 34,204,445$ 80,087,797$ UTILITY CAPITAL EXPANSION FUND 404-0000-389.92-00 NET ASSETS APPROPR 900,000 158,411$ 1,058,411$ Adopted Fund Total Revenues 3,340,400$ 158,411$ 3,498,811$ 404-5000-536.65-11 WASTEWATER REUSE - 929 929 221673 REU005 Reuse Distrib Sys 8MGD 16248 BAXTER & WOODMAN 404-5000-536.65-11 WASTEWATER REUSE 929 46,032 46,961 210464 REU005 Reuse Distrib Sys 8MGD 18300 GARNEY COMPANIES 404-5016-536.65-11 WASTEWATER REUSE - 111,450 111,450 210464 REU005 Reuse Distrib Sys 8MGD 18300 GARNEY COMPANIES Adopted Fund Total Expenditures 3,340,400$ 158,411$ 3,498,811$ GOLF FUND 411-0000-389.92-00 NET ASSETS APPROPR 350,453 995,746$ 1,346,199$ Adopted Fund Total Revenues 4,167,547$ 995,746$ 5,163,293$ 411-2910-572.44-30 EQUIPMENT RENTAL 208,000 496 208,496 250203 17274 PNC EQUIPMENT FI 411-2910-572.64-33 VEHICLE PURCHASES 0 980,312 980,312 251746 11015 E-Z GO TEXTRON 411-2910-572.99-02 NON-BUDGETED EXPENSE 216,598 14,938 231,536 260016 20670 PCI STORM WATER Adopted Fund Total Expenditures 4,167,547$ 995,746$ 5,163,293$ GOLF CIP FUND 412-0000-389.92-00 NET ASSETS APPROPR (32,668) 13,122$ (19,546)$ Adopted Fund Total Revenues 6,800,082$ 13,122$ 6,813,204$ 412-4501-572.63-15 GROUNDS IMPROVEMENTS 6,000,000 13,122 6,013,122 251692 GF2501 Golf Course-Drainage Imp 20588 ATLANTIC DRAINAG Adopted Fund Total Expenditures 6,800,082$ 13,122$ 6,813,204$ SOLID WASTE FUND 431-0000-389.92-00 NET ASSETS APPROPR (922,590) 393,740$ (528,850)$ Adopted Fund Total Revenues 17,267,410$ 393,740$ 17,661,150$ 431-2515-534.64-33 VEHICLE PURCHASES 1,325,000 393,740 1,718,740 250822 1819 NEXTRAN TRUCK CE Adopted Fund Total Expenditures 17,267,410$ 393,740$ 17,661,150$ FLEET FUND 501-0000-389.92-00 NET ASSETS APPROPR (3,062,225) 10,335,649$ 7,273,424$ Adopted Fund Total Revenues 10,360,535$ 10,335,649$ 20,696,184$ 501-2516-519.46-91 SOFTWARE MAINTENANCE 150,000 12,684 162,684 221819 14591 ASSETWORKS INC 501-2516-519.64-02 GENERAL EQUIPMENT 20,000 16,395 36,395 241636 17683 KEYTRAK, INC 501-2516-519.64-33 VEHICLE PURCHASES 4,830,000 420 4,830,420 250792 11365 ALAN JAY CHEVROL 501-2516-519.64-33 VEHICLE PURCHASES 4,830,420 68,332 4,898,752 251001 11365 ALAN JAY CHEVROL 501-2516-519.64-33 VEHICLE PURCHASES 4,898,752 62,742 4,961,494 251403 11365 ALAN JAY CHEVROL 501-2516-519.64-33 VEHICLE PURCHASES 4,961,494 1,511 4,963,005 240698 15527 DUVAL FORD 501-2516-519.64-33 VEHICLE PURCHASES 4,963,005 100,674 5,063,679 250681 15527 DUVAL FORD 501-2516-519.64-33 VEHICLE PURCHASES 5,063,679 98,660 5,162,339 251206 15527 DUVAL FORD 501-2516-519.64-33 VEHICLE PURCHASES 5,162,339 102,002 5,264,341 251223 15527 DUVAL FORD 501-2516-519.64-33 VEHICLE PURCHASES 5,264,341 498,412 5,762,753 241538 19948 FRAZER, LTD 501-2516-519.64-33 VEHICLE PURCHASES 5,762,753 1,102,324 6,865,077 250726 19948 FRAZER, LTD 501-2516-519.64-33 VEHICLE PURCHASES 6,865,077 154,810 7,019,887 251449 1819 NEXTRAN TRUCK CE 501-2516-519.64-33 VEHICLE PURCHASES 7,019,887 241,978 7,261,865 241079 19797 SILVER SHIPS INC 501-2516-519.64-33 VEHICLE PURCHASES 7,261,865 1,905,893 9,167,757 230926 2857 SUTPHEN CORPORAT 501-2516-519.64-33 VEHICLE PURCHASES 9,167,757 927,281 10,095,038 230927 2857 SUTPHEN CORPORAT 501-2516-519.64-33 VEHICLE PURCHASES 10,095,038 5,039,175 15,134,213 241529 2857 SUTPHEN CORPORAT 501-2516-519.64-33 VEHICLE PURCHASES 15,134,213 2,357 15,136,570 240319 11675 THE ARMORED GROU Adopted Fund Total Expenditures 10,360,535$ 10,335,649$ 20,696,184$ 306 2025/26 2025/26 CURRENT AMENDED ACCOUNT NUMBER ACCOUNT DESCRIPTION BUDGET Revenue Budget/PO Amounts BUDGET PO Number Project Number Vendor Number Vendor Name Amendment related to CITY OF BOYNTON BEACH PRIOR YEARS PURCHASE ORDERS BUDGET AMENDMENTS BUDGET YEAR 2025-26, Commission Meeting 11/18/25 Amendment SELF-INSURANCE (RISK MGMT) FUND 522-0000-389.92-00 #N/A (449,427) 37,962$ (411,465)$ Adopted Fund Total Revenues 7,296,326$ 37,962$ 7,334,288$ 522-1710-519.64-33 VEHICLE PURCHASES - 37,962 37,962 251792 15527 DUVAL FORD Adopted Fund Total Expenditures 7,296,326$ 37,962$ 7,334,288$ BB MEMORIAL PARK (632) 632-0000-389.91-00 FUND BALANCE APPROPRIATED 364,400 16,529$ 380,929$ Adopted Fund Total Revenues 468,000$ 16,529$ 484,529$ 632-3110-539.49-17 OTHER CONTRACTUAL SRVS 65,000 1,500 66,500 241273 9238 AVIROM & ASSOCIA 632-3110-539.49-17 OTHER CONTRACTUAL SRVS 66,500 15,029 81,529 241274 RP2417 Sara Sims Cemetery Expans 6995 2GHO INC. LANSCA Adopted Fund Total Expenditures 468,000$ 16,529$ 484,529$ 307 Loan Calculator Loan Amount 1,400,000.00$ Scheduled Payment 288,455.72$ Annual Interest Rate 1.00 % Scheduled Number of Payments 5 Loan Period in Years 5 Actual Number of Payments 5 Number of Payments Per Year 1 Total Early Payments -$ Start Date of Loan 9/26/2025 Total Interest 42,278.60$ Optional Extra Payments Total Payments 1,439,422.60$ Lender Name: Pmt No. Payment Date Beginning Balance Scheduled Payment Extra Payment Total Payment Principal Interest Ending Balance 1 9/26/2026 1,400,000.00$ 288,455.72$ -$ 288,455.72$ 274,455.72$ 14,000.00$ 1,125,544.28$ 2 9/26/2027 1,125,544.28 288,455.72 - 288,455.72 277,200.28 11,255.44 848,344.00 3 9/26/2028 848,344.00 288,455.72 - 288,455.72 279,972.28 8,483.44 568,371.72 4 9/26/2029 568,371.72 288,455.72 - 288,455.72 282,772.00 5,683.72 285,599.72 5 9/26/2030 285,599.72 288,455.72 - 285,599.72 282,743.73 2,856.00 0.00 Enter Values Loan Summary 308 City of Boynton Beach Agenda Item Request Form 6.J Consent Agenda 11/18/2025 Meeting Date: 11/18/2025 Commission Meeting Minutes. Requested Action: Approve minutes from the October 21, 2025 and November 4, 2025 City Commission Meetings. Explanation of Request: The City Commission met on October 21, 2025, and November 4, 2025, and minutes were prepared from the notes taken at the meetings. The Florida Statutes provide that minutes of all Commission meetings be prepared, approved, and maintained in the records of the City of Boynton Beach. How will this affect city programs or services? A record of the actions taken by the City Commission will be maintained as a permanent record. Account Line Item and Description: N/A Fiscal Impact: There is no fiscal impact to the budget from this item. Attachments: October 21, 2025 City Commission Meeting Minutes.docx November 4, 2025 City Commission Meeting Minutes.docx 309 Minutes of the Commission Meeting Held Online Via the GoToWebinar Platform and In-Person at the City Hall Commission Chambers 100 East Ocean Avenue, Boynton Beach, Florida On Tuesday, October 21, 2025, at 6:00 P.M. Present: Mayor Rebecca Shelton Daniel Dugger, City Manager Vice Mayor Woodrow L. Hay Shawna Lamb, City Attorney Commissioner Angela Cruz Maylee De Jesús, City Clerk Commissioner Thomas Turkin Commissioner Aimee Kelley 1. Agenda Items A. Call to Order Mayor Shelton called the meeting to order at 6:04 P.M. Roll Call City Clerk Maylee De Jesús called the roll. Invocation by Pastor Bryce Hutson, Christ Fellowship Church. Pastor Hutson provided the Invocation. Pledge of Allegiance to the Flag led by Commissioner Angela Cruz The Pledge of Allegiance was led by Commissioner Cruz. Agenda Approval: 1. Additions, Deletions, Corrections Commissioner Turkin added a discussion regarding a legislative break for the holidays, as Agenda Item10B. 2. Adoption Motion: Vice Mayor Hay moved to approve the agenda, as amended. Commissioner Kelley seconded the motion. The motion passed unanimously. 2. Other A. Informational items by the Members of the City Commission. 310 City Commission Meeting Boynton Beach, FL October 21, 2025 2 Vice Mayor Hay stated that he attended the Florida Redevelopment Association conference in West Palm Beach and that it was a great event. Commissioner Turkin stated that he received emails that construction was starting at 3:00 A.M. and that he would follow up with staff. He asked that staff follow up with the contractor and affected residents and that an update be provided to the City Commission. 3. Announcements, Community and Special Events and Presentations A. Charter Review Committee Final Report and Recommendations. Jerry Taylor, Charter Review Committee Chair, introduced the Charter Review Committee members. He reviewed the following: Introduction and Committee Organization; Overview of Proposed Amendments; Amendment 1: Charter Preamble; Amendment 2: Charter Section 3; Amendment 3: Charter Section 5; Residency and Age Requirements; Amendment 4: Charter Section 20; and Amendment 5: Language Modernization. City Attorney Lamb stated that the plan was to bring the ordinances back for first and second reading in November. Mr. Taylor stated that the committee scheduled a meeting for one year from now , to consider any additional changes. Commissioner Turkin thanked the committee for its work. David Katz, Committee Vice Chair, thanked the Legal staff for their assistance and stated that the age should have been 25, because he believes someone should be more mature and that 25 is used at the State level. He said that he is in favor of increasing residency to two years instead of one year and spoke about how difficult it is to challenge candidates. Commissioner Kelley stated that she spoke to several members and that everyone was pleasant and worked together respectfully. She thanked the committee and stated that she looks forward to discussing the proposals at the next meeting. Angela Troyanowski, Committee Member, stated that she also believed the age should be 21 and stated that only one City in the United States uses 25. She stated that 21 years of age is the age for certain responsibilities and asked the City Commission to consider that increasing the age could make the City appear unfriendly to younger generations. Dr. Phyllis Pacilli stated that there would be voters eliminated, if the age increased to 25. Vice Mayor Hay thanked the committee and agreed with the committee’s recommendation for an age of 21. He stated that if someone can serve in the military at 18, then service at 21 is appropriate, and he stated that a four-year term would be a good move. 311 City Commission Meeting Boynton Beach, FL October 21, 2025 3 Commissioner Cruz thanked the committee and the legal team. B. City Event Announcements Fabien Desrouleaux, Director of Recreation and Parks, introduced Amanda Ondo as the new Special Events Director and announced Pirate Fest. 4. Public Audience Mack McCray announced with sadness that Mr. Hester’s wife, Carrol, passed away over the weekend. Mark Karageorge remarked that he attended a meeting and that the consultant present was a waste of money and time, because staff could have completed the work in-house. Angela Troyanowski noted that residents had raised concerns about City water quality and asked that the City confirm the water is safe and clean. She added that Palm Beach County is discussing fluoride in the water and asked if the City would consider a discussion. Cindy Falco Di Corrado expressed confusion about why a 21-year-old could run for a Commission seat and argued that four-year terms are too long. She added that she is campaigning for grandparents’ rights and spoke about that effort. Joe Vecca shared that he was 21 and already had three children at that age. He reported that he is the President of Quail Run and that the association maintains the lake behind the neighborhood, and he suggested that nearby businesses should share responsibility. He commended the Police Department and affirmed that Officers are professional and doing a great job. Ernest Mignoli complained that emails often go unanswered and asserted that a recent response included inaccurate claims. He added that saying an 18-year-old cannot do anything is highly disrespectful. Commissioner Turkin reminded the public that Charter Review recommendations will go to a voter referendum and that the items will appear on the ballot. 5. Administrative A. Community Support Funds. Motion: Commissioner Turkin moved to approve the Community Support Funds request from Commissioner Cruz and Commissioner Kelley. Commissioner Cruz seconded the motion. The motion passed unanimously. 312 City Commission Meeting Boynton Beach, FL October 21, 2025 4 6. Consent Agenda A. Proposed Resolution No. R25-275- Authorizing the Mayor to sign the Recreation and Parks Special Events Application to the Town of Ocean Ridge for Oceanfront Bark events. B. Proposed Resolution No. R25-276- Approving and authorizing the assessment and recording of nuisance abatement liens against properties in the public records of Palm Beach County. C. Proposed Resolution No. R25-277- Authorize the City's application for the 2026-27 EMS Matching Grant offered by the Florida Department of Health in the amount of $20,275.76, and if awarded, authorize the City to accept the Grant and execute all future documents associated with the grant. D. Commission Meeting Minutes. Motion: Commissioner Turkin moved to approve the consent agenda. Commissioner Kelley seconded the motion. The motion passed unanimously. 7. Consent Bids and Purchases A. Approve the annual expenditure and authorize the Mayor to sign the renewal amendments for RFPs/Bids and/or piggybacks for the procurement of services and/or commodities as described in Exhibit A for October 21, 2025 - " Request for Extensions and/or Piggybacks." B. Proposed Resolution No. R25-278- Approve and authorize the issuance of Purchase Orders for the purchase of vehicles and equipment scheduled in the FY2025/2026 replacement budget, and permit the use of these same contracts for additional purchases as needed (e.g., totaled vehicles, mid-year position additions), by utilizing various Florida Sheriff's Association Contracts, Sourcewell Contracts, the Florida State Term Contract (Alan Jay), the City of Tallahassee Contract, the Charlotte County Contract, the HGAC-Buy Contract, the Hillsborough County Sheriff's Office Contract (Assorted Vehicle Procurement), and the Bradford County Sheriff's Office Contract (Duval Ford), for an estimated total amount of $8,277,000, plus a contingency of twenty percent (20%) or $1,655,400, for a total amount not to exceed $9,932,400, should the vehicles and/or equipment no longer be available and new models be delivered. C. Proposed Resolution No. R25-279- Approve a limited term extension amendment extending the City of Boynton Beach's agreement with Mae Volen Senior Center, Inc. for transportation services by an additional 180 days. 313 City Commission Meeting Boynton Beach, FL October 21, 2025 5 D. Proposed Resolution No. R25-280- Award Request for Proposal No. 25-053R for the Citywide Holiday Lighting to Artistic Holiday Designs and approve an Agreement between the City and Artistic Holiday Designs in an amount not to exceed $110,000 per year. E. Proposed Resolution No. R25-281- Approve the final rankings for the Request for Qualifications (RFQ) No. PW E25-009Q for Engineering Design and Environmental Review Services for the San Castle Infrastructure Mitigation Project (CDBG-MIT Funded) as recommended by the Evaluation Committee and authorize City staff to negotiate a contract with the recommended top - ranked proposer, Wade Trim, Inc. in accordance with section 287.055, Florida Statutes, otherwise known as the Consultants' Competitive Negotiation Act (CCNA). Commissioner Kelley pulled Item 7B for discussion. Motion: Commissioner Turkin moved to approve the remainder of Consent Bids and Purchases. Commissioner Kelley seconded the motion. The motion passed unanimously. 7B. Proposed Resolution No. R25-278- Approve and authorize the issuance of Purchase Orders for the purchase of vehicles and equipment scheduled in the FY2025/2026 replacement budget, and permit the use of these same contracts for additional purchases as needed (e.g., totaled vehicles, mid-year position additions), by utilizing various Florida Sheriff's Association Contracts, Sourcewell Contracts, the Florida State Term Contract (Alan Jay), the City of Tallahassee Contract, the Charlotte County Contract, the HGAC-Buy Contract, the Hillsborough County Sheriff's Office Contract (Assorted Vehicle Procurement), and the Bradford County Sheriff's Office Contract (Duval Ford), for an estimated total amount of $8,277,000, plus a contingency of twenty percent (20%) or $1,655,400, for a total amount not to exceed $9,932,400, should the vehicles and/or equipment no longer be available and new models be delivered. Commissioner Kelley stated that she wanted staff to review the item. Analie Holmes, Deputy Director of Public Works, explained that the request was to approve the purchase of vehicles that were included in the adopted budget and that the contracts were already procured through a competitive bid process. Commissioner Turkin left the dais at 6:45 P.M. Motion: Commissioner Kelley moved to approve the Item 7B. Commissioner Cruz seconded the 314 City Commission Meeting Boynton Beach, FL October 21, 2025 6 motion. The motion passed 4-0. Commissioner Turkin was absent from the dais. 8. Public Hearing City Clerk De Jesús swore in those intending to speak on Items 8B-E. Commissioner Cruz said regarding Items 8B, C, D, and E that she has not had any ex- parte communication, has not received written communication, except an email from an attorney on Curaleaf, has not conducted an investigation, has not made a site visit, and has not received expert opinions. She requested that these disclosures and all written communications be made a part of the record. Vice Mayor Hay said regarding Items 8B, C, D, and E that he has not had any ex-parte communication, has not received written communication, has not conducted an investigation, has not made a site visit, and has not received expert opinions. He requested that these disclosures and all written communications be made a part of the record. Commissioner Kelley said regarding Items 8B, C, D, and E that she has not had any ex- parte communication, has not received written communication, has not conducted an investigation, has not made a site visit, and has not received expert opinions. She requested that these disclosures and all written communications be made a part of the record. Mayor Shelton said regarding Items 8B, C, D, and E that she has not had any ex-parte communication, has not received written communication, has not conducted an investigation, has not made a site visit, and has not received expert opinions. She requested that these disclosures and all written communications be made a part of the record. City Clerk De Jesús read Items 8A-8D into the record. Commissioner Turkin returned to the dais at 6:48 P.M. Commissioner Turkin said regarding Items 8B, C, D, and E that he has not had any ex- parte communication, has not received written communication, has not conducted an investigation, has not made a site visit, and has not received expert opinions. He requested that these disclosures and all written communications be made a part of the record. Barbara Hall, Attorney for the applicant, stated that there are no changes from first reading. She spoke about the variance as follows: rear setback variance request for condition existing for 50 years; request complies with variance criteria; and 1 special circumstance peculiar to building. Mayor Shelton opened public comment. Cindy Falco confirmed the location. 315 City Commission Meeting Boynton Beach, FL October 21, 2025 7 Mayor Shelton closed public comment. A. Proposed Ordinance No. 25-022- Second Reading, An Ordinance of the City of Boynton Beach, Florida, Voluntarily Annexing Approximately 0.36 Acres of Unincorporated Territory Located at 3604 Boynton Beach Boulevard, into the Corporate Limits of the City Pursuant to Section 171.044, Florida Statutes; Providing for the Annexation of the Property Described Herein; Providing Publication of Notice of the Proposed Annexation; Directing the City Clerk to Record this Ordinance with the Clerk of the Circuit Court, with the Chief Administrative Officer of Palm Beach County, and with the Department of State; Providing a Business Impact Estimate; Providing for Codification; Conflicts; Severability; and an Effective Date. Motion: Vice Mayor Hay moved to approve Ordinance No. 25-022 on second reading. Commissioner Kelley seconded the motion. In a roll call vote, the motion passed unanimously. B. Proposed Ordinance No. 25-032- Second Reading, An Ordinance of the City Commission of the City of Boynton Beach, Florida, amending Ordinance No. 89-38 by amending the Future Land Use Map of the City of Boynton Beach, Florida, for an approximately 0.36 acre parcel of real property located at 3604 Boynton Beach Boulevard, by changing the future land use classification from Palm Beach County's Commercial High with an underlying MR-8 (CH/8) to City of Boynton Beach's Local Retail Commercial (LRC); declaring the proposed amendment to the future land use map to be consistent with all other elements of the comprehensive plan of the City; providing for severability, conflicts, and providing for an effective date. Mayor Shelton opened public comment, and no one came forth to speak, so she closed public comment. Motion: Commissioner Kelley moved to approve Ordinance No. 25-032 on Second Reading. Vice Mayor Hay seconded the motion. In a roll call vote, the motion passed 4-1, with Commissioner Turkin dissenting. C. Proposed Ordinance No. 25-033- Second Reading, An Ordinance of the City Commission of the City of Boynton Beach, Florida, in association with the Curaleaf Florida LLC annexation, amending ordinance no. 02 -013 to rezone approximately 0.36 acres of unincorporated territory located at 3604 Boynton Beach Boulevard, from Palm Beach County's Commercial High Office (CHO) to City of Boynton Beach's Community Commercial District (C-3); declaring the proposed amendment to be consistent with the comprehensive plan of the 316 City Commission Meeting Boynton Beach, FL October 21, 2025 8 City; providing for severability, conflicts, and providing for an effective date. Mayor Shelton opened public comment, and no one came forth to speak, so she closed public comment. Motion: Vice Mayor Hay moved to approve Ordinance No. 25 -033 on Second Reading. Commissioner Kelley seconded the motion. In a roll call vote, the motion passed 4-1, with Commissioner Turkin dissenting. D. Variance request to grant a reduced rear yard setback to 9.1 feet where 20 feet is required. Mayor Shelton opened public comment, and no one came forth to speak, so she closed public comment. Motion: Vice Mayor Hay moved to approve the Variance. Commissioner Kelley seconded the motion. In a voice vote, the motion passed 4-1, with Commissioner Turkin dissenting. E. Development Order for the Conditional Use for American Countertops & Design LLC (COUS - 2025.06.4161). City Clerk De Jesús read Item 8E into the record. Renato Cruz, on behalf of the applicant, spoke about the following: project overview; purpose of request; site location; operations summary; environmental & Safety measures; community & economic benefits; compliance summary; and conclusion. Mayor Shelton opened public comment. Mark Karageorge said that this is a no-brainer and he urges them to approve this. Mayor Shelton closed public comment. Motion: Commissioner Cruz moved to approve the Development Order. Commissioner Turkin seconded the motion. The motion passed unanimously. F. Proposed Ordinance No. 25-034- First Reading, an Ordinance of the City of Boynton Beach, Florida, amending Code of Ordinances Part III, Land Development Regulations, Chapter 2, Land Development Process, Article 6, Impact and Selected Fees, and providing an effective date. 317 City Commission Meeting Boynton Beach, FL October 21, 2025 9 City Clerk De Jesús read Item 8F into the record. Amanda Radigan, Director of Development, spoke about the following regarding the mobility fee phased implementation as follows: overview; conclusion; and questions. Motion: Commissioner Turkin moved to approve Ordinance No. 25-034 on first reading. Commissioner Kelley seconded the motion. In a roll call vote, the motion passed unanimously. 9. City Manager’s Report A. Receive update on the status of future agenda items. City Manager Dugger provided an update on future agenda items. He noted that several items were scheduled for the November 4 meeting and referenced the upcoming CRA workshop. He stated that clearer direction from the Board was needed. He mentioned that an item would be brought forth in November related to lighting improvements and that staff was continuing to review another item originating from a news article, which might no longer be necessary. He reported that the expansion of Sara Sims Park was underway and that staff was considering extending improvements near Galaxy Elementary. He added that the City was waiting on the In Lieu of Housing Fund and that Assistant City Manager Temple was gathering additional information. Commissioner Kelley asked that Item H be added to the January workshop. Vice Mayor Hay inquired whether the City was exploring projects west of I -95. City Manager Dugger responded that discussions were underway but could not disclose details. He mentioned that the Senior Center was in need of renovations and suggested combining improvements as part of a broader initiative. Commissioner Cruz noted that a discussion had taken place regarding construction hours. City Attorney Lamb explained that there had been no consensus to adopt an ordinance, so the matter would need to return as a discussion item. Commissioner Cruz reiterated that there had been consensus to bring the topic back for further consideration. Commissioner Turkin agreed to the discussion, emphasizing that staff should have administrative authority to conduct due diligence and that the City should avoid crea ting unnecessary difficulties for construction companies. 318 City Commission Meeting Boynton Beach, FL October 21, 2025 10 Commissioner Cruz requested that another item be placed on the next meeting agenda. Commissioner Turkin said he was not fully informed on the matter but agreed to include it if there was consensus. City Manager Dugger mentioned that no requests had been received from municipalities regarding the D.O.G.E. initiative but noted excessive waste observed within the County. Mayor Shelton expressed concern about lighting at Forest Park, noting it was particularly dark when daylight hours shorten. City Manager Dugger stated that the City now had a lobbyist who was actively pursuing appropriations and grants for lighting improvements, noting that the firm’s success had effectively paid for itself over time. Commissioner Turkin commented that there were other potential grant opportunities through various jurisdictions and suggested the City take a larger role in seeking those resources. He asked if meeting dates had been finalized. City Manager Dugger responded that staff could review the calendar. Candace Walls, Chief of Staff, reported that four projects were currently under review. She stated that staff needed to confirm budgeted amounts and that the deadline was in November. The information was being provided for further work. City Manager Dugger asked whether the City could coordinate with Representative Casello’s office. Ms. Walls provided context for delays. City Manager Dugger noted ongoing time constraints. Vice Mayor Hay asked about replacing lights on city streets. City Manager Dugger explained that a representative regularly inspects lighting and that the City was working with FPL on the issue. Vice Mayor Hay asked who to contact to report outages. City Manager Dugger responded that Amy Kemp could assist and is very responsive. 10. Regular Agenda A. Discussion regarding parking Ordinance. Candice Stone, Community Standards Director, noted that the City Commission had discussed this item previously. 319 City Commission Meeting Boynton Beach, FL October 21, 2025 11 City Attorney Lamb advised that the provision in question should either remain as written or be clarified and not removed. She added that if the City Commission agreed with 1B, it could be left as is. Mayor Shelton asked about driveway apron parking. Assistant City Manager Temple suggested adding a 36-inch opening, noting that it is ADA compliant. City Attorney Lamb responded that an apron could not meet ADA due to grade. Director Stone added that if a vehicle fit horizontally, it would be acceptable. Discussion ensued about parking over sidewalks, educating residents, providing clear direction to Code, focusing on egregious offenders, checking late at night and early in the morning for code enforcement, using quick analytic requests from Code, ensuring even enforcement across the City, keeping the City safe legally, and addressing social media posts. Assistant City Manager Temple concluded that the item would return for first reading with no changes. B. Added item: Discussion regarding Legislative Break for the holidays. Vice Mayor Hay asked for clarity on the meeting schedule for the next few months. Staff confirmed that City meetings were set for November 4 and 18 and December 2 and 16, and that a CRA meeting was set for November 10. Commissioner Turkin requested that the December 16 City meeting be canceled. There was consensus to cancel the December 16, 2025, City Commission meeting date and that the January 6 meeting would remain scheduled. 11. Future Agenda Items A. Update on the City's Strategic Planning efforts. - November 4, 2025. Update requested by Commission Woodrow Hay. B. Joint City and CRA Workshop- Saturday, November 8, 2025. The City and CRA will be hosting a workshop to discuss the CRA master plan, commercial/industrial land development, and land acquisition planning. ADD as announcement on November 4th C. Quarterly joint City/CRA coordination meeting - January 13, 2026. Requested by City Commission and CRA Board. 320 City Commission Meeting Boynton Beach, FL October 21, 2025 12 D. Discussion regarding creating a beautification board.-TBD Requested by Commissioner Turkin. E. Discussion regarding Citywide Master Plan to light up the City.- TBD Requested by Commissioner Turkin. Nov 8th workshop F. Discussion on utility lift station upgrades and odor control - TBD Requested by Vice Mayor Hay. G. Discussion in regards to an additional area that might be available as a future cemetery.- TBD. Requested by Vice Mayor Hay. H. Discussion regarding combining City properties together to create senior affordable housing.- Pending Joint Meeting with the CRA. Requested by Vice Mayor Hay. January 13 joint CRA meeting I. Discussion regarding Amendments to the Code of Ordinances regarding flooding in the community.- Requested by Commissioner Cruz. TBD J. Discussion regarding the expansion of ShotSpotter south of Boynton Beach Boulevard.- TBD. Requested by Commissioner Thomas Turkin. REMOVE K. Discussion regarding bulk trash pickup. - TBD Discussion requested by Commissioner Angela Cruz. REMOVE L. Discussion regarding requirements to construct required sidewalks and exemptions as outlined in Land Development Regulations, Chapter 4, Article VIII, Section 3 Standards, D Sidewalks. – TBD. Requested by Commissioner Cruz. November 18 M. Follow-up report on the State of Florida DOGE request.- TBD. Staff will provide an update to the City Commission regarding the State of Florida DOGE request. REMOVE N. Discussion regarding having a Legislative Action workshop by the Commission. -TBD. Requested by Commissioner Turkin. Nov 4th for discussion 12. Adjournment Commissioner Cruz added a discussion of Hours of Construction Ordinance back to Future agenda, date to be determined. Motion 321 City Commission Meeting Boynton Beach, FL October 21, 2025 13 Vice Mayor Hay moved to Adjourn. Commissioner Kelley seconded the motion. The motion passed unanimously. With no further business to discuss, the meeting was adjourned at 7:45 P.M. CITY OF BOYNTON BEACH ATTEST: Maylee De Jesus, MPA, MMC City Clerk 322 Minutes of the City Commission Meeting Held Online Via the GoToWebinar Platform and In-Person at the City Hall Commission Chambers 100 East Ocean Avenue, Boynton Beach, Florida On Tuesday, November 4, 2025, at 6:00 P.M. Present: Mayor Rebecca Shelton Daniel Dugger, City Manager Vice Mayor Woodrow L. Hay Shawna Lamb, City Attorney Commissioner Angela Cruz Maylee De Jesús, City Clerk Commissioner Thomas Turkin Commissioner Aimee Kelley 1. Agenda Items A. Call to Order Mayor Shelton called the meeting to order at 6:04 P.M. Roll Call City Clerk Maylee De Jesús called the roll. Invocation by Vice Mayor Woodrow Hay. Vice Mayor Hay provided the Invocation. Pledge of Allegiance to the Flag led by Vice Mayor Woodrow Hay The Pledge of Allegiance was led by Vice Mayor Hay. Agenda Approval: 1. Additions, Deletions, Corrections Commission Turkin requested add a future agenda item to discuss the code for little libraries/pantries. He mentioned that he would like more research done. There was consensus. 2. Adoption Motion: Vice Mayor Hay moved to approve the agenda, as amended. Commissioner Kelley seconded the motion. The motion passed unanimously. 2. Other 323 City Commission Meeting Boynton Beach, FL November 4, 2025 2 A. Informational items by the Members of the City Commission. Commissioner Cruz thanked the City Manager’s staff, Candice Stone, Community Standards Director, and noted that their work went above and beyond the last few weeks addressing issues in her district. Vice Mayor Hay also thanked staff for assisting him in District 2 and added that Pirate Fest was a great time. Commissioner Kelley stated that she thanked all City staff and the new Special Events Director and noted that Pirate Fest was well attended and very successful. Commissioner Turkin stated that he appreciated Pirate Fest and that he thanked the Police Chief and City Manager Dugger for extra patrols in the Chapel Hill neighborhood. He also thanked Assistant City Manager Temple and the City Manager’s Office and everyone who attended a recent grand opening. He also recognized all veterans in the City for their service and sacrifice. 3. Announcements, Community and Special Events and Presentations A. Proclamation- Family Caregivers Month Vice Mayor Hay read the proclamation into the record. Ricky Petty, on behalf of Healthier Boynton Beach, thanked the City Commission for the proclamation and explained that the recognition goes to caregivers and that caregiving involves comprehensive support for families. He noted that an application secured a one - million-dollar grant over five years and stated that City staff and community partners provided continued support. B. Proclamation- The Links at Boynton Beach PGA Hope Program Day. Commissioner Turkin read the proclamation into the record. Commissioner Turkin stated that he participated in the program and remarked that he was a better fisher than a golfer. He spoke about the benefits of the program b efore reading the proclamation into the record. Samuel Preston, Golf Course Division Director, stated that the veterans behind him made the program what it is. He added that the City had been incredibly generous and supportive and stated that the program saves lives and that he had a fantastic staff. C. Tourism presentation by Discover The Palm Beaches. 324 City Commission Meeting Boynton Beach, FL November 4, 2025 3 Sergio Piedra, Senior Director of Intergovernmental Affairs for Discover The Palm Beaches, presented the following: Discover The Palm Beaches overview; “your story is our story”; and The Palm Beach Collection—cities. Gustav Weibull, Senior Vice President of Research for Discover the Palm Beaches, presented the following: Palm Beach County trends; Boynton Beach tourism trends; visitation growth to Boynton Beach; Boynton Beach hotel performance; visitor segments by city; visitor segments; and Boynton Beach resident sentiments. Mr. Piedra added that Discover The Palm Beaches was evolving its role from promotion to stewardship. He stated that the organization talks with everyone and highlighted The Palm Beaches brand. Finally, he announced the State of Tourism Industry event. D. State of Education Report by District 7 School Board Member Edwin Ferguson. Edwin Ferguson, District 7 School Board Member, reported that the following; schools; academic results; guidance that explained how to help your Pre-K child aligned to Florida Early Learning Standards for ages four through kindergarten; strategies that add ressed how to help your child with reading comprehension; approaches that would help your child do better in reading and writing; ways that families can help; information that outlined Bright Futures scholarships; Mr. Ferguson’s goals for FY 2026; and questions. E. City Event Announcements Amanda Onda, Special Events Director, spoke about the upcoming Veterans Day celebration. 4. Public Audience Susan Oyer thanked Assistant City Manager Adam Temple for serving as a judge in her neighborhood and stated that she supported Little Free Libraries, noting that Sister Cities would partner on the effort. She added that she had waited five months for the Forest environmental studies while construction was moving forward and indicated that she supported two-year terms, a two-year residency requirement, and an age-25 minimum to run. Cindy Falco Di Corrado conveyed that she was disappointed to see police officers who, she alleged, had attacked her. She asserted that children who come here need to speak English and stated that she was concerned that she was losing her country. She commented that age 25 would be a better minimum to run and asked that the reason for the Fire Assessment appearing again this year be explained. Barbara Ready thanked Kevin Ramsey for removing a bush that was blocking an exit and raised that she was concerned about the newly planted calusia. She requested that the 325 City Commission Meeting Boynton Beach, FL November 4, 2025 4 City return to prohibiting firearms in public parks, noting that signage had been altered, and indicated that she did not support four-year terms, suggesting that three years worked. Jim Cizick promoted the Veterans Day event and noted that gifts would be provided for all Veterans who attend. He highlighted that the PGA HOPE program was active and remarked that meeting outcomes were supposed to be funneled to Commissioners but were not, stating that committee work continued without a budget. Carol [no last name provided] stated that she appreciated the updates from Commissioner Cruz and voiced that she was concerned about senior fraud. Michaela McGlaukin supported Little Free Libraries and pantries and shared that she worked with residents who wanted these community resources, emphasizing that they had only benefited neighborhoods. Ace Tilton Radcliff stated that she oversaw a Little Free Pantry and Library and requested that these installations be protected and not removed by Code. Derek Calhoun stated that he and his wife managed a Little Free Pantry and Library and referenced that a complaint required removal. He asked that Code Enforcement stop taking them down and that the Code be changed. Kameron Maharaj announced that he would run for the District 2 Commission seat and stated that he was concerned that projects were not getting done. He referenced that the Clean and Safe initiative operated outside HOAs and expressed that he wanted to deliver more for the community. David Radcliff asked that the Code be amended so Little Free Pantries and Libraries could continue and asserted that these sites were being targeted for political reasons. Laura Radcliff stated that she chose Boynton Beach because it felt like a small town and emphasized that residents have a role in creating community. She added that Little Free Libraries and pantries did just that and stated that her family provided for neighbors through these installations. Ernest Mignoli reported that he was attacked on MLK Boulevard and cited that he was written up for an illegal U-turn. He added that the Police Chief told him that all his calls were false. Commissioner Turkin thanked City staff for last week’s Town Hall and its focus on senior fraud and expressed that he appreciated the Police Department’s attention to a vulnerable community. 326 City Commission Meeting Boynton Beach, FL November 4, 2025 5 5. Administrative A. Discussion on date to have a Legislative Action workshop, prior to the January 13-14, 2026 PBC Days in Tallahassee. Commissioner Turkin remarked that the discussion was in the eleventh hour and that he did not know what could be done. He added that there was significant interest in municipal public safety and that he wanted to take as much action as possible with other representatives. He mentioned that widening the scope with certain enterprise funds and pushing the ability to use those funds could help and suggested that the body identify the top three items to frame the discussion. Mayor Shelton suggested that the topic be added to Saturday’s discussion. There was consensus that the discussion be added. Commissioner Kelley observed that every time she attended PBC Days, the group was not prepared enough and commented that the more the City could prepare, the better the outcomes would be. Vice Mayor Hay noted that he did not object to adding the item to the Saturday workshop and asked that staff determine what the rest of Palm Beach County was doing so the City could support the County and be available. Candace Walls reported that she had compiled some items and indicated that she could organize them for the discussion. B. Advisory Board Appointments Commissioner Cruz stated that the applicant lived outside the City and that a waiver would be required. City Attorney Lamb advised that a waiver was appropriate. Motion: Vice Mayor Hay moved to approve the Ariella Tenenboim as a Student Member of the Education and Youth Advisory Board. Commissioner Kelley seconded the motion. Vice Mayor Hay moved to table the Ariella Tenenboim as a Student Member of the Education and Youth Advisory Board. Commissioner Hay seconded the motion. The motion passed unanimously. Commissioner Kelley mentioned that some students lived outside the City and attended local schools. 327 City Commission Meeting Boynton Beach, FL November 4, 2025 6 City Attorney Lamb recommended that the waiver indicate that the applicant resided outside the City. C. Community Support Funds. Motion: Commissioner Turkin moved to approve the Community Support Funds. Commissioner Kelley seconded the motion. The motion passed unanimously. 6. Consent Agenda A. Proposed Resolution No. R25-282- Ratify the City's application for the Speed and Aggressive Driving Grant through the Florida Department of Transportation (FDOT), for the 2025/2026 funding cycle, and authorize the Mayor to accept the Grant and execute all future documents associated with the grant, subject to approval by the City Attorney. B. Proposed Resolution No. R25-283- Approving the City's application for the Identity Theft and Fraud Grant through the Florida Department of Law Enforcement (FDLE), Office of Criminal Justice Grants, for the 2025/2026 funding cycle; and, if awarded, authorize the Mayor to accept the Grant and execute all future documents associated with the grant, subject to approval by the City Attorney. C. Proposed Resolution No. R25-284- Ratify the City's application for the Impaired Driving Grant through the Florida Department of Transportation (FDOT), for the 2025/2026 funding cycle, and authorize the Mayor to accept the Grant and execute all future documents associated with the grant, subject to approval by the City Attorney. D. Proposed Resolution No. R25-285- Approving the Facility Use Agreement between the City of Boynton Beach and the ALS Association, Inc. for the 2025 Walk to Defeat ALS Boynton on November 15, 2025, at Centennial Park and Amphitheater. E. Proposed Resolution No. R25-286- Amend various FY 2025-26 Capital Project accounts. Adjusting budgeted appropriations and revenue sources a nd providing spending authority for the Utility Capital Improvement Funds (403 & 404). F. Proposed Resolution No. R25-291- Approve the updated legal description for a small, city-owned parcel of land located at the southeast corner of NE 1st Avenue and NE 4th Street, previously approved for disposition through Resolution R25-232 at the 9/2/2025 Commission Meeting. G. Commission Meeting Minutes. 328 City Commission Meeting Boynton Beach, FL November 4, 2025 7 Motion: Commissioner Kelley moved to approve the consent agenda. Vice Mayor Hay seconded the motion. The motion passed unanimously. 7. Consent Bids and Purchases A. Proposed Resolution No. R25-287- Award Request for Proposal No. 25-051R for Harvey E. Oyer Jr. Park Bait and Tackle Shop (Operating Services) to Florida Tackle Company, Inc., and approve a Retail Lease Agreement between the City and Florida Tackle Company, Inc. for a five-year term, with two additional two-year renewal options. B. Proposed Resolution No. R25-288- Approve Amendment No. 2 to Agreement between the City of Boynton Beach and Hera Property Registry, LLC for registration and monitoring services for the administrator of record for abandoned, foreclosed, vacant properties within the City. C. Proposed Resolution No. R25-289- Approving a Piggyback Agreement between the City and the BG Group, LLC in the amount of $575,000 plus a 10% contingency of $57,500, totaling $632,500 for the demolition and removal of the Boynton Inn located at 480 Boynton Beach Boulevard. D. Proposed Resolution No. R25-290- Award Request for Proposal No. 25-058R for HVAC Equipment, Maintenance Products, Services, and Repairs to Shamtec, Inc., and approve a Citywide Contract between the City and Shamtec, Inc., in an amount not-to-exceed $500,000 annually for an initial three (3)-year term, with one (1) optional two (2)-year renewal, subject to the availability of budgeted funds and satisfactory vendor performance. Commissioner Turkin pulled Item 7C for discussion. Motion: Commissioner Turkin moved to approve the remainder of Consent Bids and Purchases. Commissioner Kelley seconded the motion. The motion passed unanimously. 7C. Proposed Resolution No. R25-289- Approving a Piggyback Agreement between the City and the BG Group, LLC in the amount of $575,000 plus a 10% contingency of $57,500, totaling $632,500 for the demolition and removal of the Boynton Inn located at 480 Boynton Beach Boulevard. Commissioner Turkin spoke about this being a significant moment for the City to revitalize the area and expressed that he looked forward to seeing what the City would accomplish moving forward. 329 City Commission Meeting Boynton Beach, FL November 4, 2025 8 Motion: Commissioner Turkin moved to approve Resolution No. R25-289. Commissioner Kelley seconded the motion. In a roll call vote, the motion passed unanimously. 8. Public Hearing A. Proposed Ordinance No. 25-018- Second Reading, An ordinance of the City of Boynton Beach, Florida amending Chapter 14 "Motor Vehicles and Traffic," Section 14-5 "Stopping, standing, parking, or storage prohibited in specified places," and creating new sections thereunder; providing for conflicts, severability, codification; and providing an effective date. City Clerk De Jesús read the ordinance into the record. Candice Stone, Community Standards Director, explained that there was an edit since first reading and outlined that the presentation would cover the purpose of the ordinance amendment, updated highlights, and an example of parking. Kevin Fischer, Planning and Zoning Division Director, reviewed current off-street parking regulations and described potential alternatives and questions for consideration. Vice Mayor Hay commented that he did not have a concern with public -property parking but that he did with private-property parking. He added that the public had not had an opportunity to provide input. He noted that District 2 included homes without garages and that the absence of on-street parking would create issues. He expressed that the process was moving too fast. He observed that some households had two cars and could not park on grass, which pushed cars onto the street and created problems. He asked that staff conduct further study on the private-property side before a final decision. Amanda Radigan, Planning & Development Director, remarked that parts of the Heart of Boynton had parking constraints and suggested that some streets could be converted to one-way to create additional parking. Commissioner Turkin suggested that a balanced solution should consider how older homes were built and added that he did not want households with multiple vehicles to continue to skirt rules. He asked that one -way conversions be evaluated and that the ordinance address how long vehicles may be parked. Ms. Radigan responded that it would be straightforward to build those concept s into the ordinance and provided an example. City Attorney Lamb described how designated areas could be defined and what ordinance changes could implement those approaches. Vice Mayor Hay acknowledged that rationale and reiterated that older homes built close to the roadway would be penalized under certain standards. 330 City Commission Meeting Boynton Beach, FL November 4, 2025 9 Ms. Radigan clarified that legally nonconforming properties would be grandfathered. Vice Mayor Hay asked that staff confirm whether parking in alleys or backyards would be subject to citation. Discussion followed that included: ensuring vehicles were not visible from any public right- of-way; using complaint-driven citations; increasing accountability for landlords; noting that Boynton Beach was the only city in the county that did not stri ctly enforce parking; confirming that the Airbnb ordinance was being enforced; recognizing environmental impacts from multiple vehicles; considering an eight-hours-within-twenty-four-hours standard and a possible change to twelve hours; clarifying what nonconforming properties were permitted to do; evaluating a case-by-case approach; considering Option 2 to allow street parking and leaving on-street parking as is for now; creating flyers to educate residents; acknowledging that there were too many unanswere d questions to move forward immediately; expressing concern with an immediate effective date; deciding whether to table or amend; exploring different options; holding a workshop to provide staff direction and seek alternatives; setting a parking maximum on the commercial side but not the private side; determining whether the City Commission could pass part of the ordinance or needed to act on the entire ordinance; and assessing whether to remove the enforcement component. Mayor Shelton opened public comment. Ramona Young expressed that the Commissioners had skimmed over sections of the ordinance and remarked that in New York, alternate side parking had been practiced for decades. She urged the City Commission to consider residents’ sentiments before taking action. Susan Oyer proposed that parking be limited to one car per bedroom and encouraged the City to adopt more eco-friendly solutions. She referenced the grid and grass system, stating that it was very effective. Sandra Watson explained that most complaints came from District 2 and noted that the issue stemmed from building zero lot line homes without sufficient parking spaces. She added that cars could not pass on narrow streets with heavy parking and that houses with parking should not be penalized. She urged the City to stop cramming more buildings into limited areas. Barbara Ready discussed alternate street parking based on the day of the month, as done where she grew up. She acknowledged the intent of swale installations but said they had created new problems. She also voiced concern about a sober home and asked how such facilities were being addressed. Kimberly Chase raised an issue about an Airbnb property that had not been addressed and expressed frustration with the lack of enforcement on Code matters. 331 City Commission Meeting Boynton Beach, FL November 4, 2025 10 Derek Calhoun suggested that expanding public transit could reduce the need for excessive personal vehicles. Commissioner Turkin commented that he wanted to address misinformation regarding restrictions on Airbnbs, noting that many were gove rned by State rules. He emphasized that the City Commission had listened to residents and created ordinances to regulate short-term rentals. Mayor Shelton closed public comment. Mayor Shelton added that community input could also be submitted by email. City Attorney Lamb summarized the amendments that were discussed. Motion: Commissioner Turkin moved to approve Ordinance No. 25-018 on second reading with the amendments as follows: allow 12-hour parking within a 24-hour window; allow parking in areas designated by the City; and to provide an effective date of February 1, 2026, with meetings in each district prior to the effective date. Commissioner Hay seconded the motion. In a roll call vote, the motion passed unanimously. B. Proposed Ordinance No. 25-034- Second Reading, An Ordinance Of The City Commission Of The City Of Boynton Beach, Florida, Amending Part III “Land Development Regulations,” Chapter 2 “Land Development Process,” Article 6 “Impact And Selected Fees;” To Establish A Phased Implementation Schedule For The City’s Mobility Fee; Providing For Codification; Providing For Severability; Providing For Conflicts; And Providing For An Effective Date. City Clerk De Jesús read the ordinance into the record. Staff confirmed that there were no changes to this item. There were no questions or discussion from the City Commission. Mayor Shelton opened public comment. No one came forth to speak. Mayor Shelton closed public comment. Motion: Commissioner Turkin moved to approve Ordinance No. 25-034 on second reading. Vice Mayor Hay seconded the motion. In a roll call vote, the motion passed 4-0. Commissioner Cruz was absent from the dais. C. Proposed Ordinance No. 25-035- First Reading, An Ordinance of the City Commission of the City of Boynton Beach, Florida, Amending Part III "Land 332 City Commission Meeting Boynton Beach, FL November 4, 2025 11 Development Regulations," Article II "Planning and Zoning Division Services," Section 4, "Relief Applications" by Amending Subsection F, "Requests for Accommodation," in order to Provide Procedures for Handling and Processing Requests for Accommodation from the City's Land Development Regulations; Providing for Conflicts; Providing for Severability; Providing for Codification; Providing an Effective Date; and For All Other Purposes. City Clerk De Jesús read the ordinance into the record. George Lago, City Legal Department, reviewed the changes and pro vided an overview of revisions. Commissioner Turkin left the dais at 8:44 P.M. There were no questions or comments from the City Commission. Mayor Shelton opened public comment. No one came forth to speak. Mayor Shelton closed public comment. Motion: Commissioner Hay moved to approve Ordinance No. 25-035 on first reading. Commissioner Kelley seconded the motion. In a roll call vote, the motion passed 4-0. Commissioner Turkin was absent from the dais. 9. City Manager’s Report- NONE 10. Regular Agenda A. Proposed Ordinance No. 25-036- First Reading, An Ordinance of the City Commission of the City of Boynton Beach, Florida, adding Chapter 2, Article IV, Section 2-60 to the City Code of Ordinance Entitled "Public-Private Partnerships;" Establishing Procedures for Public-Private Partnerships and Unsolicited Proposals; Providing for Codification; Providing for Severability; Providing for Conflicts; and Providing for an Effective Date. City Clerk De Jesús read the ordinance into the record. Ian Gregorchik, Assistant City Attorney, explained that the item concerned public-private partnerships (P3) and that he provided an overview of the framework. Commissioner Turkin returned to the dais at 8:47 P.M. City Attorney Lamb explained that certain requirements existed under state law that staff had not previously formalized and that this ordinance would make the process official. She noted that an application fee for a P3 would be established. 333 City Commission Meeting Boynton Beach, FL November 4, 2025 12 Commissioner Cruz asked what was currently required. City Attorney Lamb replied that the process was unclear and that this ordinance would clarify it. Commissioner Kelley noted that the proposal was in alignment with Florida Statute. City Attorney Lamb confirmed that the ordinance would follow Florida Statute and that it would codify the City’s rules for future applicants. Discussion followed that covered the P3 process, that any agreem ent would still require City Commission approval, and that bid noticing requirements would apply. Motion: Commissioner Turkin moved to approve Ordinance No. 25-036 on first reading. Vice Mayor Hay seconded the motion. In a roll call vote, the motion passed unanimously. B. Proposed Ordinance No. 25-037- First Reading, An Ordinance of the City of Boynton Beach, Florida, Submitting to Referendum an Amendment to the City Charter; Adding a Preamble to the City Charter to Establish the Foundational Purposes and Principles Of City Governance; Providing for a Notice of an Advertisement of the Referendum Election to be Published in Accordance with the State of Florida Election Code; Providing that this Ordinance, when Adopted, Shall Be Submitted to the Qualified Electors of the City of Boynton Beach, Florida, on the March 2026 General Municipal Election Ballot and Shall Become Effective as Provided by Law; Providing for Conflicts, Severability, and an Effective Date. City Clerk De Jesús read the ordinance into the record. Ian Gregorchik, Assistant City Attorney, explained Amendment 1 regarding the Charter Preamble. Commissioner Cruz asked that the City clarify whether resident dollars were being used to campaign for or against any potential amendments. City Manager Dugger responded that City communications would be neutral. Commissioner Turkin remarked that if this were the only item, he would not move forward with it. Motion: Vice Mayor Hay moved to table, until the other ordinances have been heard. Commissioner Turkin seconded the motion. In a roll call vote, the motion passed unanimously. 334 City Commission Meeting Boynton Beach, FL November 4, 2025 13 C. Proposed Ordinance No. 25-038- First Reading, An Ordinance of the City of Boynton Beach, Florida, Submitting to Referendum Amendments to the City Charter; Amending Section 3 to Require Continuous Residence within the City for at Least One (1) Year Prior to Filing to Run for Office; Providing for a Notice of an Advertisement of the Referendum Election to be Published in Accordance with the State of Florida Election Code; Providing that this Ordinance, when Adopted, Shall be Submitted to the Qualified Electors of the City of Boynton Beach, Florida, on the March 2026 General Municipal Election Ballot and Shall Become Effective as Provided by Law; Providing for Conflicts, Severability, and an Effective Date. City Clerk De Jesús read the ordinance into the record. Ian Gregorchik, Assistant City Attorney, explained that the word “continuously” was being added. Commissioner Turkin commented that he would prefer a two -year requirement and asked whether a challenge would litigate any residency requirement. City Attorney Lamb noted that she had a memo outlining a possible challenge and added that she was waiting until the conclusion of the challenge. Vice Mayor Hay said that he did not have a problem with one year. Commissioner Kelley remarked that a one-year continuous requirement would be the key factor and added that she would prefer a longer period. Discussion followed that considered changing the requirement to two years and clarified what documentation applicants would be required to show. Motion: Vice Mayor Hay moved to approve Ordinance No. 25-038 on first reading. Commissioner Cruz seconded the motion. In a roll call vote, the motion passed unanimously. D. Proposed Ordinance No. 25-039- First Reading, An Ordinance of the City of Boynton Beach, Florida, Submitting to Referendum Amendments to the City Charter; Amending Section 5 to Increase the Term of Elective Offices from Three (3) Years to Four (4) Years; to Clarify What Constitutes a Term for Purposes of Term Limits; to Provide for a Mandatory Sit-Out Period; Providing for a Notice of an Advertisement of the Referendum Election to be Published in Accordance with the State of Florida Election Code; Providing that this Ordinance, when Adopted, Shall be Submitted to the Qualified Electors of the City of Boynton Beach, Florida, on the March 2026 General Municipal Election Ballot and Shall Become Effective as Provided By Law; Providing for Conflicts, 335 City Commission Meeting Boynton Beach, FL November 4, 2025 14 Severability, and an Effective Date. City Clerk De Jesús read the ordinance into the record. Ian Gregorchik, Assistant City Attorney, explained that the item concerned Amendment to Charter Section 5. Commissioner Cruz noted the discussion related to the 2028 election. Commissioner Turkin stated that he did not want to move forward and that the sit -out period should be one full term. He added that he was not opposed to reconsidering the concept in the future, that he did not want the changes to become hyper -partisan, and that he needed more time and research. Commissioner Kelley explained that District 1, District 3, and the Mayor would be unable to run again under certain scenarios and that candidates might be ineligible to run during specific windows. Commissioner Turkin added that the framework became convoluted when an official removed themselves from office. Mayor Shelton stated that she was against moving to four-year terms. Commissioner Cruz stated that she had no interest in extending terms. Vice Mayor Hay commented that, after Commissioners served two terms, he would like that they be allowed to run for Mayor. Commissioner Cruz emphasized that continuity of leadership was important. City Attorney Lamb advised that the City Commission could remove the four-year term component and that related provisions could be clarified. Commissioner Kelley mentioned that candidates might have to resign to run, depending on timing. Discussion followed that addressed Districts 2 and 4 and that considered how to treat situations in which a member served out someone else’s term. City Attorney Lamb explained that term limits should be clear and that serving more than two years of a partial term would count as a full term. Staff was directed to identify what other cities do so that the City Commission would have a basis for comparison and collaboration. City Attorney Lamb asked whether the City Commission wanted that revisions be completed before first and second reading or placed on a future referendum. 336 City Commission Meeting Boynton Beach, FL November 4, 2025 15 Motion: Commissioner Turkin moved to table Ordinance No. 25-039 on first reading. Vice Mayor Hay seconded the motion. The motion passed unanimously. E. Proposed Ordinance No. 25-040- First Reading, An Ordinance of the City of Boynton Beach, Florida, Submitting to Referendum Amendments to the City Charter; Amending Section 20 to Clarify the Form of Government, Require a Super Majority Vote for the Appointment and Removal of the City Manager and City Attorney, and Clarifying the Duties and Responsibilities of the City Manager and Commissioners; Providing for a Notice of an Advertisement of the Referendum Election to be Published in Accordance with the State of Florida Election Code; Providing that this Ordinance, when Adopted, Shall be Submitted to the Qualified Electors of the City of Boynton Beach, Florida, on the March 2026 General Municipal Election Ballot and Shall Become Effective as Provided by Law; Providing for Conflicts, Severability, and an Effective Date. City Clerk De Jesús read the ordinance into the record. City Manager Dugger stated that staff recommended the item be tabled as well. Commissioner Turkin remarked that he did not believe this should be placed on the ballot. City Attorney Lamb reviewed additional Charter provisions that had been discussed. Commissioner Turkin responded that those items were already included in th e existing Charter. Motion: Commissioner Turkin moved to table Ordinance No. 25-040 on first reading. Vice Mayor Hay seconded the motion. The motion passed unanimously. F. Proposed Ordinance No. 25-041- First Reading, An Ordinance of the City of Boynton Beach, Florida, Submitting to Referendum Amendments to the City Charter; Amending Sections 8, 20, 23, 24, 40, 50, 52, 54, and 55 to Modernize Language by Replacing Masculine-Only Pronouns and to Update Notice and Publication Requirements to Comply with Current Florida Statutes and Digital- Age Communication Practices; Providing for a Notice of an Advertisement of the Referendum Election to be Published in Accordance with the State of Florida Election Code; Providing that this Ordinance, When Adopted, Shall be Submitted to the Qualified Electors of the City of Boynton Beach, Florida, on the March 2026 General Municipal Election Ballot and Shall Become Effective as Provided by Law; Providing for Conflicts, Severability, and an Effective 337 City Commission Meeting Boynton Beach, FL November 4, 2025 16 Date. City Clerk De Jesús read the ordinance into the record. Commissioner Turkin stated that this was an easy one. City Attorney Lamb explained that it changed certain digital communication rules. Motion: Commissioner Turkin moved to approve Ordinance No. 25-041 on first reading. Vice Mayor Hay seconded the motion. In a roll call vote, the motion passed unanimously. Motion: Commissioner Kelley moved to remove 10B from the table on first reading. Commissioner Cruz seconded the motion. The motion passed unanimously. Motion: Commissioner Kelley moved to approve Ordinance No. 25 -037 on first reading. Commissioner Cruz seconded the motion. In a roll call vote, the motion passed unanimously. 11. Future Agenda Items A. Discussion regarding a proposed Ordinance of the City of Boynton Beach, Florida repealing and replacing Chapter 15 "Offenses- Miscellaneous*," Article I "In General" Noise Control-Short title," and creating new sections thereunder; providing for conflicts, severability, codification; and providing an effective date. Tabled at the August 19, 2025, meeting.- TBD. B. Discussion regarding Citywide Master Plan to light up the City.- - November 8th, 2025 (CRA/City Workshop). Requested by Commissioner Turkin. C. Update on the City's Strategic Planning efforts. - November 18, 2025. Update requested by Commission Woodrow Hay. D. Discussion regarding requirements to construct required sidewalks and exemptions as outlined in Land Development Regulations, Chapter 4, Article VIII, Section 3 Standards, D Sidewalks. - November 18, 2025. Requested by Commissioner Cruz. E. Quarterly joint City/CRA coordination meeting - January 13, 2026. Requested by City Commission and CRA Board. F. Discussion regarding combining City properties together to create senior 338 City Commission Meeting Boynton Beach, FL November 4, 2025 17 affordable housing.- January 13, 2026 (CRA/City Joint meeting). Requested by Vice Mayor Hay. G. Discussion regarding creating a beautification board. -TBD. Requested by Commissioner Turkin. H. Discussion on utility lift station upgrades and odor control – TBD. Requested by Vice Mayor Hay. I. Discussion in regards to an additional area that might be available as a future cemetery.- TBD. Requested by Vice Mayor Hay. J. Discussion regarding Amendments to the Code of Ordinances regarding flooding in the community.- TBD. Requested by Commissioner Cruz. 12. Adjournment Motion: Commissioner Hay moved to adjourn. Commissioner Kelley seconded the motion. The motion passed unanimously. With no further business to discuss, the meeting was adjourned at 9:36 P.M. CITY OF BOYNTON BEACH ATTEST: Maylee De Jesus, MPA, MMC City Clerk 339 City of Boynton Beach Agenda Item Request Form 7.A Consent Bids and Purchases 11/18/2025 Meeting Date: 11/18/2025 Proposed Resolution No. R25-298- Approve a Sole Source Agreement with Pat's Pump & Blower, LLC for the purchase of parts, equipment, and maintenance and repair services for Aqua Tech vac trucks, in an annual amount not to exceed $108,900. Requested Action: Staff recommends approval of Proposed Resolution No. R25-298. Explanation of Request: The City’s Fleet Maintenance Division requires access to specialized parts, equipment, and repair services for the City’s Aqua Tech sewer cleaning vacuum trucks. These vehicles are essential for maintaining the City’s wastewater infrastructure and require proprietary components and servicing from the original equipment manufacturer (OEM). Pat’s Pump & Blower, Inc. is the sole authorized distributor and service provider for Aqua Tech equipment in the State of Florida. The company provides genuine OEM parts, warranty support, and technical service for all Aqua Tech truck models. Per the City’s Procurement Policy, a sole-source purchase is permissible when it is determined that there is only one supplier capable of providing the required commodities, services, or construction items. Circumstances may include, without limitation, repairs or additions performed by the original equipment manufacturer, the only authorized supplier within the region, a franchised or licensed distributor, or products that are patented or proprietary in nature. Based on these criteria, Pat’s Pump & Blower, LLC has been identified as the sole source provider for specialized equipment repair and maintenance services required to support the City’s Public Works operations. Accordingly, a Sole Source Agreement (No. 25-086SS) has been prepared between the City and Pat’s Pump & Blower, LLC, establishing an annual not- to-exceed amount and defining service scope, labor rates, and pricing terms. The term of the Agreement will be effective August 12, 2025, through September 30, 2026, with the option to extend upon mutual written consent of both parties. How will this affect city programs or services? Approval of this agreement will ensure the continued operation and reliability of the City’s vacuum truck fleet, preventing service interruptions in sewer maintenance and emergency response. It also provides standardized pricing, manufacturer backed warranty support, and reduces vehicle downtime. 340 Budgeted Item: Yes Account Line Item and Description: 501-5000-590.09-82 FM- PARTS Fiscal Impact: Budgeted Item Attachments: R25-298 Agenda Item 3924-2025 - Resolution - Pats Pumps LLC- Sole Source.docx Agreement signed by vendor.pdf Boynton_SS_Rev2 - Fee proposal 8.12.25 - 9.30.26 Sole Source Distribution Letter.pdf 341 RESOLUTION NO. R25-298 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 1 BEACH, FLORIDA, APPROVING AN AGREEMENT WITH PAT’S PUMP & 2 BLOWER, LLC, A SOLE SOURCE VENDOR, FOR THE PURCHASE OF 3 PARTS, EQUIPMENT, AND MAINTENANCE AND REPAIR SERVICES FOR 4 AQUA TECH VAC TRUCKS, IN AN AMOUNT NOT TO EXCEED 5 $108,900.00 ANNUALLY; AND FOR ALL OTHER PURPOSES. 6 7 WHEREAS, the City of Boynton Beach Fleet Maintenance Division operates and maintains 8 Aqua Tech sewer cleaning vacuum trucks that are essential for the proper maintenance and 9 operation of the City's wastewater infrastructure and sanitary sewer system; and 10 WHEREAS, the Aqua Tech sewer cleaning vacuum trucks require specialized parts, 11 equipment, and repair services utilizing proprietary components and technical expertise specific 12 to the original equipment manufacture; and 13 WHEREAS, Pat's Pump & Blower, LLC is the sole authorized distributor and service 14 provider for Aqua Tech equipment in the State of Florida and is the only source capable of 15 providing genuine original equipment manufacturer parts, warranty support, and technical service 16 for all Aqua Tech truck models operated by the City; and 17 WHEREAS, this purchase is being made pursuant to the Sole Source Procurement 18 Exemption outlined in Section X, Alternatives to Formal Sealed Bids, of the procurement policy, 19 which permits sole source services and purchases when it is determined that only one viable 20 source is available; and 21 WHEREAS, Pat's Pump & Blower, LLC has submitted the required documentation to the 22 City, and the Procurement Division has affirmed that the documentation for this purchase meets 23 the criteria for the Sole Source Procurement Exemption; and 24 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 25 best interests of the City's citizens and residents to approve a Sole Source Agreement with Pat's 26 Pump & Blower, LLC for the purchase of parts, equipment, and maintenance and repair services 27 for Aqua Tech Vac Trucks in an amount not to exceed $108,900.00 annually. 28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 29 BEACH, FLORIDA, THAT: 30 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 31 342 RESOLUTION NO. R25-298 being true and correct and are hereby made a specific part of this Resolution upon adoption. 32 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 33 approve an Sole Source Agreement with Pat's Pump & Blower, LLC for the purchase of parts, 34 equipment, and maintenance and repair services for Aqua Tech Vac Trucks in an amount not to 35 exceed $108,900.00 annually (the “Agreement”), in form and substance similar to that attached as 36 Exhibit A. 37 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby 38 authorizes the Mayor to execute any ancillary documents as may be necessary to accomplish the 39 purpose of the Agreement, including any term extensions as provided in the Agreement, provided 40 such documents do not modify the financial or material terms. 41 SECTION 4. The City Clerk shall retain the fully executed Agreement as a public record 42 of the City. A copy of the fully executed Agreement shall be provided to Taralyn Pratt to forward 43 to Pat’s Pump & Blower, LLC. 44 SECTION 5. This Resolution shall take effect in accordance with law. 45 [SIGNATURES ON THE FOLLOWING PAGE] 46 47 343 RESOLUTION NO. R25-298 PASSED AND ADOPTED this ______________ day of ______________________________ 2025. 48 CITY OF BOYNTON BEACH, FLORIDA 49 YES NO 50 Mayor – Rebecca Shelton _____ _____ 51 52 Vice Mayor – Woodrow L. Hay _____ _____ 53 54 Commissioner – Angela Cruz _____ _____ 55 56 Commissioner – Thomas Turkin _____ _____ 57 58 Commissioner – Aimee Kelley _____ _____ 59 60 VOTE ______ 61 ATTEST: 62 63 _____________________________ ______________________________ 64 Maylee De Jesús, MPA, MMC Rebecca Shelton 65 City Clerk Mayor 66 67 APPROVED AS TO FORM: 68 (Corporate Seal) 69 70 _______________________________ 71 Shawna G. Lamb 72 City Attorney 73 344 Sole Source Agreement 25-086SS – Pat’s Pump +Blower, LLC 1 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND PAT’S PUMP + BLOWER, LLC FOR PARTS AND SERVICES FOR AQUATECH TRUCKS This Agreement is made as of this 19th day of August, 2025, by and between Pat’s Pump + Blower, LLC, a Florida Limited Liability Company with a principal address of 2141 W. Church Street, Orlando, Florida 32805, hereinafter referred to as “Vendor,” and the City of Boynton Beach, a municipal corporation organized and existing under the laws of Florida, with a business address of 100 East Ocean Avenue, Boynton Beach, Florida 33435, hereinafter referred to as “City.” In consideration of the mutual benefits, terms, and conditions hereinafter specified, the Parties agree as set forth below. WHEREAS, the City’s Fleet department requires original equipment parts, services, warranty and new equipment for the City’s sewer cleaning trucks; and WHEREAS, the Vendor is the sole source authorized supplier of parts and services provider for Aquatech trucks services in the State of Florida; and WHEREAS, per the procurement policy, Section X. Alternatives to Formal Seal Bids Allows for Sole Source Services and Purchases; and WHEREAS, the definition of a Sole Source Purchase allows an award for commodities, services, or a construction item without competition when it is determined that there is only one source available. This may include, without limitation, repairs or additions from the original equipment manufacturer, only supplier in the area, franchised or licensed distributor or service, or patented or proprietary item; and WHEREAS, the Vendor has provided the applicable letter to the City that meets the Sole Source Procurement Exemption; and WHEREAS, the City desires to engage Vendor to provide services, training, parts, and warranty services (the “Goods and Services”); and WHEREAS, Vendor has agreed to provide the Goods and Services in accordance with the terms and conditions set forth herein. 345 Sole Source Agreement 25-086SS – Pat’s Pump +Blower, LLC 2 NOW THEREFORE, for and in consideration of the mutual covenants and promises as hereinafter set forth and of the faithful performance of such covenants and conditions, the City and Vendor do hereby agree as follows: 1. GOODS AND SERVICES: Vendor shall provide all services, training, parts, equipment, and labor necessary to provide OEM parts and services on an as-needed basis as further described in detail in Exhibit A and incorporated herein by reference. Vendor shall provide all Goods and Services and perform any Services diligently, carefully, and thoroughly consistent with good business practice. Time shall be of the essence concerning all matters outlined in this Agreement. Vendor shall warrant that the Goods and Services are free from improper workmanship and defective materials for the period specified in each quote. 2. TIME FOR PERFORMANCE: Work under the Agreement shall commence upon the City's issuance of a purchase order to the Vendor. Specific delivery timelines for Goods and Services shall be specified in the purchase order. Vendor shall provide all Goods and perform all Services required pursuant to this Agreement. Time is of the essence for Vendor’s performance of the duties, obligations, and responsibilities required by this Agreement. 3. FEE: As compensation for Goods provided and Services rendered by Vendor to the City shall pay the Vendor an annual amount not to exceed One Hundred Eight Thousand Nine Hundred Dollars ($108,900.00) (“Fee”). Fees shall be charged in accordance with the Fee Schedule attached hereto as Exhibit A, and as specified in each quote. The Fee shall be the sole compensation paid to Vendor in connection with the provision of Goods and rendition of the Services and the performance of any and all of its other obligations under this Agreement and shall include any out-of-pocket or other expenses, including travel expenses, incurred by Vendor. 4. TERM: This Agreement shall be for an initial term commencing on August 12, 2025, and shall remain in effect through September 30, 2026 (“Initial Term”), unless otherwise terminated or extended as provided in this Agreement. The Mayor is authorized to execute the term extension amendment(s). If Vendor requests a rate change at the time of any extension, such change shall not become effective until a written amendment is approved by the City Commission and duly executed by the Parties. 5. NOTICES: All Notices to the City shall be in writing by certified mail return receipt requested, or customarily used overnight transmission with proof of delivery, sent to: 346 Sole Source Agreement 25-086SS – Pat’s Pump +Blower, LLC 3 City: Daniel Dugger, City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425 Telephone: (561) 742-6010 / Facsimile: (561) 742-6090 Copy: Shawna G. Lamb, City Attorney City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425 Telephone: (561) 742-6010 / Facsimile: (561) 742-6090 Vendor: Pat’s Pump + Blower, LLC 2141 West Church Street Orlando, FL 32805 Contact: Brandon Yates, General Manager Telephone: (407) 841-7867/ Facsimile (404) 648-2096 Email: BrandonY@PatsPump.com 6. INVOICES AND PAYMENT: Invoices must identify the PO number and should be mailed to: Boynton Beach Finance Department Attn: Accounts Payable P.O. Box 310 Boynton Beach, FL 33425. Invoices for Goods shall show the type and quantity of the Goods and dates(s) of delivery. Invoices for Services shall show the nature of the service, applicable rate, and date(s) of service. Invoices may be submitted after such Goods and Services are delivered; however, all Goods and Services delivered before September 30th of any given year must be invoiced by September 30th of that year. Vendor shall provide a W-9 with the first invoice. Payment shall be made only for Goods and Services actually ordered and received pursuant to this Agreement. The fee shall be paid based on receipt of a proper invoice in accordance with the invoice schedule indicated above. Payment will be made within 45 days of receipt of a proper invoice in accordance with the Local Government Prompt Payment Act, Section 218.70, et al., Florida Statutes. No payment made under this Agreement shall be conclusive evidence of the performance of this Agreement by Vendor, either wholly or in part, and no payment shall be construed to be an acceptance of or to relieve Vendor of liability for the defective, faulty, or incomplete rendition of Goods and Services. 347 Sole Source Agreement 25-086SS – Pat’s Pump +Blower, LLC 4 7. TAX EXEMPT: Prices applicable to the City do not include applicable state and local sales, use, and related taxes. The City is exempt from state and local sales and use taxes and shall not be invoiced for the same. Upon request, the City will provide the Vendor with proof of tax-exempt status. 8. SOVEREIGN IMMUNITY: Nothing contained in this Agreement nor contained herein shall be considered nor construed to waive the City’s rights and immunities under the common law or section 768.28, Florida Statutes, as may be amended. 9. ATTORNEY’S FEES: In the event that either Party brings suit to enforce the Agreement, each Party shall bear its own attorney's fees and court costs. 10. PUBLIC RECORDS: The City is a public agency subject to Chapter 119, Florida Statutes. The Vendor shall comply with Florida’s Public Records Law. Specifically, the Vendor shall: A. Keep and maintain public records required by the City to perform the service when utilizing non-City-owned equipment; B. Upon request from the City’s custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Vendor shall destroy all copies of such confidential and exempt records remaining in its possession once the Vendor transfers the records in its possession to the City; and D. Upon completion of the contract, Vendor shall transfer to the City, at no cost to the City, all public records in Vendor’s possession. All records stored electronically by Vendor must be provided to the City, upon request from the City’s custodian of public records, in a format that is compatible with the information technology systems of the City. E. IF THE VENDOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE VENDOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: 348 Sole Source Agreement 25-086SS – Pat’s Pump +Blower, LLC 5 CITY CLERK OFFICE 100 E. OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33435 561-742-6060 CityClerk@bbfl.us 11. SCRUTINIZED COMPANIES - 287.135 AND 215.473: By execution of this Agreement, Vendor certifies that Vendor is not participating in a boycott of Israel. The Vendor further certifies that Vendor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Vendor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Vendor of the City's determination concerning the false certification. The Vendor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, the Vendor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If the Vendor does not demonstrate that the City's determination of false certification was made in error, then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. 12. E-VERIFY: Vendor shall comply with Section 448.095, Fla. Stat., “Employment Eligibility,” including the registration and use of the E-Verify system to verify the work authorization status of employees. Failure to comply with Section 448.095, Fla. Stat. shall result in termination of this Agreement. Any challenge to termination under this provision must be filed in the Circuit Court no later than 20 calendar days after the date of termination. If this Agreement is terminated for a violation of the statute by Vendor, Vendor may not be awarded a public contract for a period of one (1) year after the date of termination. 13. DISPUTES: Any disputes that arise between the parties regarding the performance of this Agreement and cannot be resolved through negotiations shall be submitted to a court of competent jurisdiction exclusively in Palm Beach County, Florida. This Agreement shall be construed under Florida Law. 14. TERMINATION FOR CONVENIENCE: This Agreement may be terminated by either Party for convenience upon fourteen (14) calendar days of written notice, in which event the Vendor shall be compensated for Goods provided and Services performed through the termination date. 349 Sole Source Agreement 25-086SS – Pat’s Pump +Blower, LLC 6 15. TERMINATION FOR CAUSE: In addition to all other remedies available to the aggrieved Party, this Agreement shall be subject to cancellation by either Party for cause, should the other Party neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) calendar days after receipt by the defaulting Party of written notice of such neglect or failure. 16. INDEMNIFICATION: Vendor shall indemnify and hold harmless the City and its elected and appointed officers, agents, assigns and employees, consultants, separate Vendors, any of their subcontractors, or sub-subcontractors (collectively, “Indemnified Party”), from and against claims, demands, or causes of action whatsoever, and the resulting losses, damages, costs, and expenses, including but not limited to attorneys’ fees, including paralegal expenses, liabilities, damages, orders, judgments, or decrees, sustained by the Indemnified Party arising out of or resulting from (A) Vendor’s performance or breach of Agreement, (B) acts or omissions, negligence, recklessness, or intentional wrongful conduct by Vendor’s, its agents, employees, subcontractors, participants, and volunteers, and (C) Vendor’s failure to take out and maintain insurance as required under this Agreement. Vendor shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits, or actions of any kind or nature against an Indemnified Party, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorneys’ fees which may issue thereon. The obligations of this section shall survive indefinitely regardless of termination of the Agreement. If considered necessary by the City and the City Attorney, any sums due Vendor under this Agreement may be retained by the City until all claims subject to this indemnification obligation have been settled or otherwise resolved. Any amount withheld shall not be subject to payment of interest by the City. 17. INSURANCE: At the time of execution of this Agreement, the Vendor shall provide the City with a copy of its Certificate of Insurance reflecting lines of insurance customary and appropriate to the Vendor’s business. Please see the City’s minimum insurance requirements listed in Exhibit B. The Certificate of Insurance shall name the City of Boynton Beach and its officers, employees, and agents as additional insured. 18. LIMITATION OF LIABILITY: Notwithstanding any provision of the Agreement to which it is applicable, City shall not be liable or responsible to Vendor beyond the amount remaining due to Vendor under the Agreement, regardless of whether said liability be based in tort, contract, indemnity or otherwise; and in no event shall City be liable to Vendor for punitive or exemplary damages or lost profits or consequential damages. 19. INDEPENDENT CONTRACTOR: The Agreement does not create an employee/employer relationship between the Parties. The Parties intend that Vendor is an independent contractor pursuant to the Agreement and shall not be considered the City’s employee 350 Sole Source Agreement 25-086SS – Pat’s Pump +Blower, LLC 7 for any purpose. Vendor shall not have the right to bind City to any obligation not expressly undertaken by City under this Agreement 20. COMPLIANCE WITH LAWS: Vendor hereby warrants and agrees that at all times material to the Agreement, Vendor shall perform its obligations in compliance with all applicable federal, state, and local laws, rules, and regulations, including section 501.171, Florida Statutes. Non-compliance may constitute a material breach of the Agreement. 21. ASSIGNMENT: If this Agreement and any interests granted herein shall be assigned, transferred, or otherwise encumbered under any circumstances by Vendor, Vendor must gain prior written consent from City thirty (30) business days before such transfer. For purposes of this Agreement, any change of ownership of the company shall constitute an assignment that requires the City’s approval. Notwithstanding the foregoing, Vendor may, without City’s consent, assign this Agreement in whole or in part as part of a corporate reorganization, consolidation, merger, or sale of substantially all of its assets related to this Agreement. Vendor shall provide City written notice of any such corporate reorganization, consolidation, merger, or sale of substantially all of its assets related to this Agreement within thirty (30) calendar days of such event. 22. NO LIEN. The Vendor shall not at any time permit any lien, attachment, or any other encumbrance under the laws of the State of Florida, or otherwise, by any person or persons whomsoever to be filed or recorded against the City, against any City property or money due or to become due for any work done or materials furnished under this Agreement by Vendor. 23. AGREEMENT SUBJECT TO FUNDING: The Agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission of the City of Boynton Beach in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. 24. NON-EXCLUSIVE: This Agreement is non-exclusive. City may retain additional entities to perform the same or similar work. 25. REPRESENTATION OF AUTHORITY: Vendor represents and warrants that this Agreement constitutes the legal, valid, binding, and enforceable obligation of Vendor and that neither the execution nor performance of this Agreement constitutes a breach of any agreement that Vendor has with any third party or violates applicable law. Vendor further represents and warrants that execution of this Agreement is within Vendor’s legal powers, and each individual executing this Agreement on behalf of Vendor is duly authorized by all necessary and appropriate action to do so on behalf of Vendor and does so with full legal authority. 26. RIGHTS IN DOCUMENTS AND WORK: Any and all videos, photographs, documents, materials, data, or other work created by Vendor in connection with performing services, 351 Sole Source Agreement 25-086SS – Pat’s Pump +Blower, LLC 8 whether finished or unfinished (“Documents and Work”), shall be owned by City, and Vendor hereby transfers to City all right, title, and interest, including any copyright or other intellectual property rights, in or to the Documents and Work. Upon expiration or termination of this Agreement, the Documents and Work shall become the property of City and shall be delivered by Vendor to City within seven (7) days after expiration or termination. Any compensation due to Vendor may be withheld until all Documents and Work are received as provided in this Agreement. Vendor shall ensure that the requirements of this section are included in all agreements with all subcontractor(s). 27. THIRD-PARTY BENEFICIARIES: Neither Vendor nor City intends to primarily or directly benefit a third party by this Agreement. Therefore, the Parties acknowledge that there are no third-party beneficiaries to this Agreement and that no third party shall be entitled to assert a right or claim against either of them based upon this Agreement. 28. MATERIALITY AND WAIVER OF BREACH: Each requirement, duty, and obligation set forth in this Agreement was bargained for at arm’s length and is agreed to by the Parties. Each requirement, duty, and obligation set forth in this Agreement is substantial and important to the formation of this Agreement, and each is, therefore, a material term. City’s failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement. A waiver of any breach shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of this Agreement. To be effective, any waiver must be in writing and signed by an authorized signatory of the Party granting the waiver. 29. COUNTERPARTS AND MULTIPLE ORIGINALS: This Agreement may be executed in multiple originals and may be executed in counterparts, whether signed physically or electronically, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. 30. NON-DISCRIMINATION: Vendor and any subcontractors shall not discriminate on the basis of race, color, sex, religion, national origin, disability, age, marital status, political affiliation, sexual orientation, pregnancy, or gender identity and expression in the performance of this Agreement. 31. ENTIRE AGREEMENT. The Agreement between the City and the Vendor with respect to the subject matter of this Agreement. This Agreement supersedes all prior and contemporaneous negotiations, understandings, and agreements, written or oral, between the parties. This Agreement may not be modified except by the parties’ mutual agreement set forth in writing and signed by the parties. 32. SEVERABILITY. If any provision of this Agreement or application thereof to any person or situation shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable, shall not be affected 352 Sole Source Agreement 25-086SS – Pat’s Pump +Blower, LLC 9 thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. 33. ANTI-HUMAN TRAFFICKING. On or before the Effective Date of this Agreement, Vendor shall provide City with an affidavit attesting that the Vendor does not use coercion for labor or services, in accordance with Section 787.06(13), Florida Statutes. 34. COUNTRIES OF CONCERN. The vendor represents that it is and will remain in compliance with Section 286.101, Florida Statutes, for the duration of the term. 35. PUBLIC ENTITY CRIME ACT. Vendor represents that it is familiar with the requirements and prohibitions under the Public Entity Crime Act, Section 287.133, Florida Statutes, and represents that its entry into this Agreement will not violate that Act. Vendor further represents that there has been no determination that it committed a “public entity crime” as defined by Section 287.133, Florida Statutes and that it has not been formally charged with committing an act defined as a “public entity crime” regardless of the amount of money involved or whether Vendor has been placed on the convicted vendor list. 36. ENTITIES OF FOREIGN CONCERN: The provisions of this section apply only if Vendor or any subcontractor will have access to an individual’s personal identifying information under this Agreement. Vendor represents and certifies: (i) Vendor is not owned by the government of a foreign country of concern; (ii) the government of a foreign country of concern does not have a controlling interest in Vendor; and (iii) Vendor is not organized under the laws of and does not have its principal place of business in, a foreign country of concern. On or before the effective date, Vendor and any subcontractor that will have access to personal identifying information shall submit to City executed affidavit(s) under penalty of perjury, in a form approved by City attesting that the entity does not meet any of the criteria in Section 287.138(2), Florida Statutes. Compliance with the requirements of this section is included in the requirements of a proper invoice for purposes of Section 7. Terms used in this section that are not otherwise defined in this Agreement shall have the meanings ascribed to such terms in Section 287.138, Florida Statutes. (Signatures on following page) 353 354 Sole Source Agreement 25-086SS – Pat’s Pump +Blower, LLC 11 EXHIBIT A FEE PROPOSAL 355 2141 W. Church St, Orlando, FL 32805 | Office (407) 841-7867 | Fax 407 648-2096 Date: Aug, 12 2025 To: Mr. Rasheed Hosein Supervisor, Fleet Operations Public Works, Fleet Maintenance Re: Sole source parts and service provider for Aquatech trucks This is a contractual agreement where Pat’s Pump & Blower LLC will provide parts and services for 1 Year amount of time under these terms: In-house labor $165.00 Field Labor $190.00 Emergency Labor X1.5 In-house or Field rate Parts List less 5% Workmanship warranty 30 days Pat's Pump & Blower, LLC commits to maintain the City of Boynton Beach in the most favored rate category. Addendum #1: 8/12/25 – The terms offered in this contract are extended until the end of the new fiscal year for the federal government 2026. As agreed to by both parties. Start Date: 08/12/25 End Date: 09/30/2026 Respectfully Brandon Yates General Manager Pat's Pump & Blower Phone: 407-841-7867 Fax: 407-648-2096 Email: BrandonY@PatsPump.com SALES - SERVICE - INSTALLATION 2141 West Church Street, Orlando, FL 32805 | Phone: 407-841-7867 | Fax: 407-648-2096 www.PatsPump.com | E-Mail: BrandonY@PatsPump.com 356 America's Gateway to the Gulfstream 12 EXHIBIT B INSURANCE REQUIREMENTS The City of Boynton Beach VENDOR INSURANCE REQUIREMENTS – PROCUREMENT 1. INSURANCE REQUIREMENTS: The successful bidder/contractor/firm or individual entering a resulting contract with the City shall provide, pay for and maintain in full force and affect at all times during the services to be performed the applicable insurance as set forth below. (Proof that insurance meets the City’s requirements must be provided prior to providing services to the City of Boynton Beach.) Commercial General Liability Coverage must be afforded under a Commercial General Liability policy with limits not less than: • $1,000,000 each occurrence • $3,000,000 annual aggregate for Bodily Injury, Personal Injury, and Advertising Injury • $1,000,000 per occurrence for Property Damage • $1,000,000 each occurrence and $2,000,000 project aggregate for Products and Completed Operations Policy must include coverage for Contractual Liability, Independent Contractors. Business Automobile Liability Coverage must be afforded for all Owned, Hired, Scheduled, and Non-Owned vehicles for Bodily Injury and Property Damage in an amount not less than $1,000,000 combined single limit each accident. If the Contractor does not own vehicles, the Contractor shall maintain coverage for Hired and Non-Owned Auto Liability, which may be satisfied by way of endorsement to the Commercial General Liability policy or separate Business Auto Liability policy. Professional Liability/Malpractice Coverage must be afforded under a Professional/Allied Health/Malpractice Liability policy with limits not less than: • $2,000,000 each occurrence • $3,000,000 annual aggregate Workers’ Compensation and Employer’s Liability Coverage must be afforded per Chapter 440, Florida Statutes. Any contractor performing work on behalf of the City must provide Workers’ Compensation insurance of at least the statutory requirements in addition to Employer’s Liability in the amount not less than $1,000,000 per accident. Exceptions and exemptions will be allowed by the City’s Risk Management Department, if they are in accordance with Florida Statute. The Contractor and its insurance carrier waive all subrogation rights against the City, a political subdivision of the State of Florida, its officials, employees, and volunteers for all losses or damages. The City requires the policy to be endorsed with WC00 03 13 Waiver of our Right to Recover from others or equivalent. DIVISION OF RISK MANAGEMENT 100 E. Ocean Avenue Boynton Beach, Florida 33435 (P): 561-742-6271 | (F): 561-742-6274 www.boynton-beach.org 357 America's Gateway to the Gulfstream 13 Contractor must be in compliance with all applicable State and federal workers’ compensation laws, including the U.S. Longshore and Harbor Workers’ Compensation Act or Jones Act, if applicable. For any Contractor who has exempt status as an individual, the City requires proof of Workers’ Compensation insurance coverage for that Contractor’s employees, leased employees, volunteers, and any workers performing work in execution of this Contract. If the Contractor has applied for a workers’ compensation exemption, the City does not recognize this exemption to extend to the employees of the Contractor. The Contractor is required to provide proof of coverage for their employees, leased employees, volunteers and any workers performing work in execution of this Contract. This applies to all contractors including but not limited to the construction industry. Contractors Pollution Liability Coverage For sudden and gradual occurrences and in an amount not less than $1,000,000 per claim arising out of this Contract, including but not limited to, all hazardous materials identified under the Contract. Contractor must keep insurance in force until the third anniversary of expiration of this Contract or the third anniversary of acceptance of work by the CITY. Property Coverage (Builder’s Risk) Coverage must be afforded in an amount not less than 100% of the total project cost, including soft costs, with a deductible of no more than $25,000 each claim. Coverage form shall include, but not be limited to: • All Risk Coverage including Flood and Windstorm with no coinsurance clause • Guaranteed policy extension provision • Waiver of Occupancy Clause Endorsement, which will enable the City to occupy the facility under construction/renovation during the activity • Storage and transport of materials, equipment, supplies of any kind whatsoever to be used on or incidental to the project • Equipment Breakdown for cold testing of all mechanized, pressurized, or electrical equipment For installation of property and/or equipment, Contractor must provide Builder’s Risk Installation insurance to include coverage for materials or equipment stored at the project site, while in transit, or while stored at a temporary location. Coverage limit must be no less than replacement cost. This policy shall insure the interests of the owner, contractor, and subcontractors in the property against all risk of physical loss and damage, and name the City as a loss payee. This insurance shall remain in effect until the work is completed and the property has been accepted by the City. Insurance Certificate Requirements a. The Contractor shall provide the City with valid Certificates of Insurance (binders re unacceptable) no later than thirty (30) days prior to the start of work contemplated in this Contract. b. The Contractor shall provide a Certificate of Insurance to the City with a thirty (30) day notice of cancellation; ten (10) days’ notice if cancellation is for nonpayment of premium. c. In the event that the insurer is unable to accommodate the cancellation notice requirement, it shall be the responsibility of the Contractor to provide the proper notice. Such notification will be in writing by registered mail, return receipt requested, and addressed to the certificate holder. d. In the event the Contract term goes beyond the expiration date of the insurance policy, the Contractor shall provide the City with an updated Certificate of Insurance no later than ten (10) days prior to the expiration of the insurance currently in effect. The City reserves the right to suspend the Contract until this requirement is met. e. The certificate shall indicate if coverage is provided under a claims-made or occurrence form. If any coverage is provided on a claims-made form, the certificate will show a retroactive date, which should be the same date of the initial contract or prior. f. The City shall be named as an Additional Insured on all liability policies, with the exception of Workers’ Compensation. 358 America's Gateway to the Gulfstream 14 g. The City shall be granted a Waiver of Subrogation on the Contractor’s Workers’ Compensation insurance policy. h. The Contract, Bid/Contract number, event dates, or other identifying reference must be listed on the certificate. The Certificate Holder should read as follows: City of Boynton Beach Attn: Risk Management 100 E. Ocean Ave Boynton Beach, FL 33435 The Contractor has the sole responsibility for all insurance premiums and shall be fully and solely responsible for any costs or expenses as a result of a coverage deductible, co-insurance penalty, or self- insured retention; including any loss not covered because of the operation of such deductible, co- insurance penalty, self-insured retention, or coverage exclusion or limitation. Any costs for adding the City as an Additional Insured shall be at the Contractor’s expense. If the Contractor’s primary insurance policy/policies do not meet the minimum requirements, as set forth in this Contract, the Contractor may provide an Umbrella/Excess insurance policy to comply with this requirement. The Contractor’s insurance coverage shall be primary insurance as respects to the City, a political subdivision of the State of Florida, its officials, employees, and volunteers. Any insurance or self- insurance maintained by the City, its officials, employees, or volunteers shall be excess of Contractor’s insurance and shall be non-contributory. Any exclusions or provisions in the insurance maintained by the Contractor that excludes coverage for work contemplated in this Contract shall be deemed unacceptable and shall be considered breach of contract. All required insurance policies must be maintained until the contract work has been accepted by the City, and/or this Contract is terminated. Any lapse in coverage shall be considered breach of contract. In addition, Contractor must provide confirmation of coverage renewal via an updated certificate should any policies expire prior to the expiration of this Contract. The City reserves the right to review, at any time, coverage forms and limits of Contractor’s insurance policies. All notices of any claim/accident (occurrences) associated with this Contract, shall be provided to the Contractor’s insurance company and the City’s Risk Management office as soon as practical. It is the Contractor's responsibility to ensure that all independent and subcontractors comply with these insurance requirements. All coverages for independent and subcontractors shall be subject to all of the requirements stated herein. Any and all deficiencies are the responsibility of the Contractor. NOTE: These are minimal insurance requirements. Additional insurance, (e.g., Sexual Assault and Molestation, etc.) may be required based upon the type of event, event location, and/or number of participants. Revised 04/25/2025 359 2141 W. Church St, Orlando, FL 32805 | Office (407) 841-7867 | Fax 407 648-2096 Date: Aug, 12 2025 To: Mr. Rasheed Hosein Supervisor, Fleet Operations Public Works, Fleet Maintenance Re: Sole source parts and service provider for Aquatech trucks This is a contractual agreement where Pat’s Pump & Blower LLC will provide parts and services for 1 Year amount of time under these terms: In-house labor $165.00 Field Labor $190.00 Emergency Labor X1.5 In-house or Field rate Parts List less 5% Workmanship warranty 30 days Pat's Pump & Blower, LLC commits to maintain the City of Boynton Beach in the most favored rate category. Addendum #1: 8/12/25 – The terms offered in this contract are extended until the end of the new fiscal year for the federal government 2026. As agreed to by both parties. Start Date: 08/12/25 End Date: 09/30/2026 Respectfully Brandon Yates General Manager Pat's Pump & Blower Phone: 407-841-7867 Fax: 407-648-2096 Email: BrandonY@PatsPump.com SALES - SERVICE - INSTALLATION 2141 West Church Street, Orlando, FL 32805 | Phone: 407-841-7867 | Fax: 407-648-2096 www.PatsPump.com | E-Mail: BrandonY@PatsPump.com 360 361 City of Boynton Beach Agenda Item Request Form 7.B Consent Bids and Purchases 11/18/2025 Meeting Date: 11/18/2025 Proposed Resolution No. R25-299- Award Invitation to Bid No. 25-078B for the Demolition and Reconstruction of Two Boat Ramp Structures at Pioneer Canal Park to Mangonia Construction, LLC, and approve an Agreement between the City and Mangonia Construction Group, LLC in the amount of $798,225, plus a 10% contingency $79,822.50 for unforeseen field conditions, for a total not-to-exceed amount of $878,047.50. Requested Action: Staff recommends approval of Proposed Resolution No. R25-299. Explanation of Request: The existing boat ramps at Pioneer Canal Park are in poor condition, creating a public safety hazard for both recreational and commercial boaters. The proposed project will demolish the deteriorated ramps and replace them with modern precast concrete boat ramps supported by prestressed concrete piling and fixed piers, providing long- term structural stability, enhanced accessibility, and improved user safety. To help offset project costs, the City obtained a $816,238.80 grant (80%) from the Florida Fish and Wildlife Conservation Commission (FWC) under Grant Agreement No. 24075. Cost share of the grant as stipulated in the agreement is $204,059 (20%). Subsequently, the Public Works Department, in coordination with the Procurement Division, released Invitation to Bid (ITB) No. 25-078B- Pioneer Canal Park Boat Ramp and Driveway Reconfiguration Project (Contractor) on August 22, 2025. The solicitation closed on September 26, 2025, with the City receiving four (4) bid submittals. Following a comprehensive review, it was determined that Mangonia Construction Group, LLC submitted the lowest responsive and responsible bid. Staff recommends that the City Commission approve and authorize the Mayor to execute an agreement with Mangonia Construction Group, LLC for the Pioneer Canal Park Boat Ramp and Driveway Reconfiguration Project, which includes the demolition of the existing boat ramps and the construction of two new precast concrete ramp structures and fixed piers at Pioneer Canal Park, located at NW 13th Avenue, Boynton Beach, Florida. The total project cost is $798,225, plus a 10% contingency ($79,822.50) for unforeseen field conditions, for a total not-to-exceed amount of $878,047.50. How will this affect city programs or services? The project will improve safety, reduce maintenance costs, and enhance user experience for park visitors and the boating community. 362 It aligns with the City’s Parks & Recreation Master Plan and Public Works Capital Improvement objectives. Budgeted Item: Yes Account Line Item and Description: 302-4217-572.63-05 Improvements Other Than Buildings / Street Improvements & Grant accounts. Project RP2507 Fiscal Impact: This is a budgeted item. Attachments: R25-299 Agenda_Item_3896-2025_Resolution_for_ITB_25-078B_Award_and_Agmt.docx 25-078B - Pioneer Canal Park Boat Ramp and Driveway Reconfiguration Project.pdf 25-078B Mangonia Construction - Complete.pdf BidClosingSubmissionSummaryPDF.pdf 25-078B - Vendor Executed Contract.pdf 363 RESOLUTION NO. R25-299 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 1 BEACH, FLORIDA, AWARDING INVITATION TO BID NO. 25-078B FOR 2 THE PIONEER CANAL PARK BOAT RAMP AND DRIVEWAY 3 RECONFIGURATION PROJECT TO MANGONIA CONSTRUCTION, LLC, 4 AND APPROVING AN AGREEMENT BETWEEN THE CITY AND 5 MANGONIA CONSTRUCTION GROUP, LLC IN THE AMOUNT OF 6 $798,225.00, PLUS A 10% CONTINGENCY $79,822.50 FOR 7 UNFORESEEN FIELD CONDITIONS, FOR A TOTAL NOT-TO-EXCEED 8 AMOUNT OF $878,047.50; AND FOR ALL OTHER PURPOSES. 9 10 11 WHEREAS, the City of Boynton Beach Public Works Department requires structural repairs 12 for the Pioneer Canal Park Boat Ramp and Driveway Reconfiguration Project; and 13 WHEREAS, the City was awarded a partial grant funding from the Florida Fish and Wildlife 14 Conservation Commission in an amount not to exceed Eight Hundred Sixteen Thousand, Two 15 Hundred Thirty-Eight Dollars and Eighty Cents ($816,238.80); and 16 WHEREAS, on August 22, 2025, the Purchasing Division issued Invitation to Bid (“ITB”) No. 17 25-078B for the Pioneer Canal Park Boat Ramp and Driveway Reconfiguration Project (the 18 “Project”); and 19 WHEREAS, Mangonia Construction Group, LLC (“Contractor”) responded to the ITB by 20 submitting its Bid dated September 26, 2025 (the “Bid”); and 21 WHEREAS, the City has selected the Contractor to perform construction services related 22 to the Project; and 23 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 24 best interests of the City's citizens and residents to award ITB No. 25-078B for the Pioneer Canal 25 Park Boat Ramp and Driveway Reconfiguration Project to Mangonia Construction, LLC, and 26 approve an Agreement between the City and Mangonia Construction Group, LLC in the amount 27 of $798,225.00, plus a 10% contingency $79,822.50 for unforeseen field conditions, for a total not-28 to-exceed amount of $878,047.50. 29 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 30 BEACH, FLORIDA, THAT: 31 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 32 364 RESOLUTION NO. R25-299 being true and correct and are hereby made a specific part of this Resolution upon adoption. 33 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 34 award ITB No. 25-078B for the Pioneer Canal Park Boat Ramp and Driveway Reconfiguration 35 Project to Mangonia Construction, LLC. 36 SECTION 3. The City Commission of the City of Boynton Beach, Florida, does hereby 37 approve an Agreement between the City and Mangonia Construction, LLC for ITB No. 25-078B for 38 the Pioneer Canal Park Boat Ramp and Driveway Reconfiguration Project in the amount of 39 $798,225.00, plus a 10% contingency $79,822.50 for unforeseen field conditions, for a total not -40 to-exceed amount of $878,047.50 (the “Agreement”), in form and substance similar to that 41 attached as Exhibit A. 42 SECTION 4. The City Commission of the City of Boynton Beach, Florida, hereby 43 authorizes the Mayor to execute the Agreement. The Mayor is further authorized to execute any 44 ancillary documents required under the Agreement or necessary to accomplish the purposes of 45 the Agreement, including any term extensions as provided in the Agreement, provided such 46 documents do not modify the financial terms or material terms. 47 SECTION 5. The City Clerk shall retain the fully executed Agreement as a public record 48 of the City. A copy of the fully executed Agreement shall be provided to Rhonda Kaplan to forward 49 to the Contractor. 50 SECTION 6. This Resolution shall take effect in accordance with the law. 51 [SIGNATURES ON THE FOLLOWING PAGE] 52 53 365 RESOLUTION NO. R25-299 PASSED AND ADOPTED this ______________ day of ______________________________ 2025. 54 CITY OF BOYNTON BEACH, FLORIDA 55 YES NO 56 Mayor – Rebecca Shelton _____ _____ 57 58 Vice Mayor – Woodrow L. Hay _____ _____ 59 60 Commissioner – Angela Cruz _____ _____ 61 62 Commissioner – Thomas Turkin _____ _____ 63 64 Commissioner – Aimee Kelley _____ _____ 65 66 VOTE ______ 67 ATTEST: 68 69 _____________________________ ______________________________ 70 Maylee De Jesús, MPA, MMC Rebecca Shelton 71 City Clerk Mayor 72 73 APPROVED AS TO FORM: 74 (Corporate Seal) 75 76 _______________________________ 77 Shawna G. Lamb 78 City Attorney 79 366 INVITATION TO BID (ITB) PIONEER CANAL PARK BOAT RAMP and DRIVEWAY RECONFIGURATION PROJECT (CONTRACTOR) ITB No. 25-078B PUBLISH DATE: August 22, 2025 NON-MANDATORY PRE-BID MEETING: September 4, 2025 at 10:30 AM Join the meeting now Meeting ID: 233 278 046 702 2 Passcode: 6ag2o8t8 1 872-215-6235,, 921785067# United States CITY OF BOYNTON BEACH ROOM 112 100 E. OCEAN AVENUE BOYNTON BEACH, FL 33435 ALL QUESTIONS DUE: September 16, 2025 by 3:00 PM BID DUE AND OPENING DATE: September 26, 2025 at 3:00 PM Join the meeting now Meeting ID: 292 782 280 172 7 Passcode: ZZ97Q2pR +1 872-215-6235,,441765744# United States, CITY OF BOYNTON BEACH ROOM 112 100 E. OCEAN AVENUE BOYNTON BEACH, FL 33435 Where to Deliver Bid Submittal Bids&tenders Online Submission Only Boynton-beach.bidsandtenders.net Partial Grant Funding for this project by the FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION Bonds Required for This Project: Bid Bond, Payment and Performance Bond 367 City of Boynton Beach Purchasing Division 25-026B Oyer Park – Fire Boat Lifts Installation Project 1 INVITATION TO BID PIONEER CANAL PARK BOAT RAMP and DRIVEWAY RECONFIGURATION PROJECT 25-078B TABLE OF CONTENTS ADVERTISEMENT ...................................................................................................................................................... 6 PURCHASING DIVISION ........................................................................................................................................... 9 SECTION I – INSTRUCTION TO BIDDERS – SUBMISSION REQUIREMENTS................................................ 10 1.0 DEFINITIONS .................................................................................................................................................. 10 “Addenda” ........................................................................................................................................................... 10 “Agreement” ........................................................................................................................................................ 10 “City” or “Owner” ............................................................................................................................................... 10 “Contract Administrator” ..................................................................................................................................... 10 “Contract Documents” ......................................................................................................................................... 10 Defective .............................................................................................................................................................. 10 Effective Date of the Agreement ......................................................................................................................... 10 “Interested parties” .............................................................................................................................................. 10 “Notice to Proceed” ............................................................................................................................................. 10 “Online e-procurement system” or “e-procurement system” ............................................................................... 10 “Procurement Services” ....................................................................................................................................... 10 “Bidder/Offeror/Responder” ................................................................................................................................ 10 “Invitation to Bid (ITB) Solicitation” .................................................................................................................. 10 “Sub-Contractor” ................................................................................................................................................. 10 “Responsible Bidder” .......................................................................................................................................... 10 “Responsive Bidder” ........................................................................................................................................... 10 “Successful Bidder" or “Contractor” ................................................................................................................... 11 “Written Amendment” ......................................................................................................................................... 11 “Unit Price or Hourly Wage Work” .................................................................................................................... 11 1.2 DEPARTMENTS WITHIN THE CITY OF BOYNTON BEACH .............................................................. 11 1.3 TYPES OF SOLICITATIONS PROVIDED BY THE CITY ....................................................................... 11 1.4 PRE-BID MEETING .................................................................................................................................... 11 1.5 ONLINE E-PROCUREMENT SYSTEM SUBMISSION OF THE BID – (bids&tenders) .......................... 11 1.6 EXAMINATION OF CONTRACT DOCUMENTS AND PROJECT SITE ................................................ 12 1.7 ELIGIBILITY OF BIDDER ......................................................................................................................... 13 1.8 MINIMUM QUALIFICATIONS OF BIDDERS .......................................................................................... 13 1.9 CONTACT INFORMATION AND QUESTIONS....................................................................................... 13 1.10 CLARIFICATIONS, QUESTIONS AND ADDENDA FOR THIS SOLICITATION ............................ 13 1.11 MISTAKES WITHIN SOLICITATION .................................................................................................. 14 1.12 SUBMISSION OF THE BID ................................................................................................................... 14 1.13 SOLICITATION FORMS ........................................................................................................................ 15 368 City of Boynton Beach Purchasing Division 25-026B Oyer Park – Fire Boat Lifts Installation Project 2 1.14 BID BOND GUARANTY SUBMITTAL ................................................................................................ 16 1.15 BIDDER'S COMPLIANCE WITH FLORIDA STATUTES AND CITY CODES ................................. 16 1.15.1 ANTI-KICKBACK AFFIDAVIT ........................................................................................................ 16 1.15.2 NON-COLLUSION AFFIDAVIT ....................................................................................................... 16 1.15.3 FOREIGN ENTITY AFFIDAVIT ....................................................................................................... 17 1.15.4 ANTI-HUMAN TRAFFICKING AFFIDAVIT .................................................................................. 17 1.15.5 CONFLICT OF INTEREST ................................................................................................................ 17 1.15.6 E-VERIFY FORM UNDER SECTION 448.095................................................................................. 17 1.15.7 CERTIFICATION PURSUANT TO FLORIDA STATUTE § 287.135 ............................................. 18 1.15.8 ANTITRUST CAUSE OF ACTION (Bid Rigging) ............................................................................ 18 1.16 SUB-CONTRACTORS ............................................................................................................................ 18 1.17 ESCALATOR CLAUSE .......................................................................................................................... 19 1.18 EXCEPTIONS BY BIDDER ................................................................................................................... 19 1.19 QUANTITIES .......................................................................................................................................... 19 1.20 BID TABULATION................................................................................................................................. 19 1.21 UNBALANCED BIDS............................................................................................................................. 19 1.22 UNIT PRICES AND ADDITIONAL QUANTITY ................................................................................. 19 1.23 TIE BIDS .................................................................................................................................................. 20 1.24 EXECUTION OF SOLICITATION DOCUMENTS ............................................................................... 20 1.25 SOLICITATION DEADLINE ................................................................................................................. 20 1.26 CITYS RIGHT TO REJECT BID SUBMITTALS .................................................................................. 20 1.27 DISQUALIFICATION OF BIDDER ....................................................................................................... 21 1.28 NO SUBMITTAL .................................................................................................................................... 21 1.29 INTERPRETATIONS/CONE OF SILENCE/LOBBYING ..................................................................... 21 1.30 TRADE SECRET ..................................................................................................................................... 22 1.31 WITHDRAWAL OF BID ........................................................................................................................ 23 1.32 PROTEST PROCEDURE ........................................................................................................................ 23 1.33 CONFLICT OF INTEREST / GIFT POLICY ......................................................................................... 23 1.34 GIFT POLICY .......................................................................................................................................... 24 1.35 CONFIRMATION OF MINORITY-OWNED BUSINESS ..................................................................... 24 1.36 AWARD OF CONTRACT ...................................................................................................................... 24 1.37 SAMPLE DRAFT AGREEMENT ........................................................................................................... 24 1.38 SIGNING OF CONTRACT ..................................................................................................................... 25 1.39 PAYMENT AND PERFORMANCE BOND ........................................................................................... 25 1.40 ON PUBLIC ENTITY CRIMES CONVICTED VENDOR LIST ........................................................... 25 1.41 BUSINESS INFORMATION – JOINT VENTURE ................................................................................ 26 1.42 PROHIBITION AGAINST CONSIDERING SOCIAL, POLITICAL, OR IDEOLOGICAL INTERESTS IN GOVERNMENT CONTRACTING ............................................................................................. 26 SECTION II – SPECIAL CONDITIONS ................................................................................................................... 27 2.1 HISTORY AND BACKGROUND OF THE CITY OF BOYNTON BEACH ............................................. 27 369 City of Boynton Beach Purchasing Division 25-026B Oyer Park – Fire Boat Lifts Installation Project 3 2.2 PURPOSE OF PROJECT ............................................................................................................................. 27 2.3 SCOPE AND DESCRIPTION OF WORK ................................................................................................... 27 2.4 GENERAL REQUIREMENTS..................................................................................................................... 28 2.5 LICENSES .................................................................................................................................................... 28 2.6 PROJECT TIMELINE .................................................................................................................................. 28 2.7 PROJECT BUDGET ..................................................................................................................................... 28 2.8 LIQUIDATED DAMAGES .......................................................................................................................... 29 2.9 ENUMERATION OF PRECEDENCE OF BID DOCUMENTS ................................................................. 29 2.10 INTENT .................................................................................................................................................... 29 2.11 PERFORMANCE, PAYMENT AND WARRANTY BONDS ............................................................... 30 2.12 SUBMITTALS ......................................................................................................................................... 31 2.13 ASSIGNMENT OF CONTRACT ............................................................................................................ 31 2.14 INSURANCE REQUIREMENTS ............................................................................................................ 31 2.15 TERMINATION ...................................................................................................................................... 31 2.15.1 DEFAULT AND TERMINATION FOR CAUSE: ............................................................................. 32 2.15.2 TERMINATION FOR CONVENIENCE OF CITY ........................................................................... 32 2.15.3 REMEDIES: ........................................................................................................................................ 32 2.15.4 FUNDING OUT .................................................................................................................................. 32 2.16 DIRECT OWNER PURCHASES ............................................................................................................ 33 2.17 CONTRACTOR’S RESPONSIBILITY ............................................................................................... 33 2.18 DAMAGE TO PUBLIC AND/OR PRIVATE PROPERTY ............................................................... 33 2.19 PERMITS AND LICENSES .................................................................................................................. 33 2.20 SITE INSPECTION – CITY .................................................................................................................... 33 2.21 WAIVER OF LIENS ................................................................................................................................ 33 2.22 PAYMENT ............................................................................................................................................... 34 2.23 CONTRACT DOCUMENTS ................................................................................................................... 34 2.24 CHANGE ORDERS ................................................................................................................................. 34 2.25 CHANGES TO SCOPE AND ADDITIONAL SERVICES..................................................................... 34 2.26 CHANGES IN THE WORK/CONTRACT PRICE ................................................................................. 35 2.27 CHANGES IN CONTRACT TIME ......................................................................................................... 35 2.28 CITY’S OPTION ...................................................................................................................................... 36 2.29 LOCATION OF EXISTING UTILITIES ................................................................................................. 36 2.30 CONFLICT WITH EXISTING UTILITIES ............................................................................................ 37 2.31 CONTINGENCY FUNDING .................................................................................................................. 37 2.32 GRANT FUNDED PROJECT ................................................................................................................. 38 SECTION III – GENERAL TERMS AND CONDITIONS ........................................................................................ 39 3.1 FAMILIARITY AND COMPLIANCE WITH LAWS, LEGAL CONDITIONS CODES AND REGULATIONS: .................................................................................................................................................... 39 3.2 CONFLICT OF INTEREST ......................................................................................................................... 39 3.3 DISPUTES .................................................................................................................................................... 39 370 City of Boynton Beach Purchasing Division 25-026B Oyer Park – Fire Boat Lifts Installation Project 4 3.4 FEDERAL AND STATE TAX: .................................................................................................................... 39 3.5 PURCHASE ORDER REQUIRED: ............................................................................................................. 39 3.6 COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH: ...................................................... 39 3.7 PALM BEACH COUNTY INSPECTOR GENERAL: ................................................................................ 39 3.8 OTHER AGENCIES ..................................................................................................................................... 40 3.9 VENUE AND GOVERNING LAW: ............................................................................................................ 40 3.10 NON-DISCRIMINATION & EQUAL OPPORTUNITY EMPLOYMENT ........................................... 40 3.11 INDEPENDENT CONTRACTOR RELATIONSHIP: ............................................................................ 40 3.12 OMISSION OF DETAILS ....................................................................................................................... 40 3.13 LEGAL EXPENSES: ............................................................................................................................... 40 3.14 NO THIRD-PARTY BENEFICIARIES: ................................................................................................. 40 3.15 SCRUTINIZED COMPANIES: ............................................................................................................... 41 3.16 NON-EXCLUSIVE .................................................................................................................................. 41 3.17 ENDORSEMENTS .................................................................................................................................. 41 3.18 DRUG-FREE WORKPLACE .................................................................................................................. 41 3.19 PROHIBITED TELECOMMUNICATIONS EQUIPMENT ................................................................... 41 3.20 RIGHTS IN DATA .................................................................................................................................. 42 3.21 DOCUMENTATION OF COSTS ............................................................................................................ 42 3.22 PUBLIC RECORDS ................................................................................................................................ 42 3.23 SOVEREIGN IMMUNITY ...................................................................................................................... 43 SECTION IV – BID SCHEDULE FORM .................................................................................................................. 44 DRAFT - AGREEMENT CONSTRUCTION (CONTRACTOR) ................................................................................... 46 Article 1. SCOPE OF WORK AND CONTRACTOR. ............................................................................................. 48 Article 2. CONSULTANT. ............................................................................................................................. 48 Article 3. CONTRACT TIME; TERMINATION; LIQUIDATED DAMAGES. ................................................ 48 Article 4. CONTRACT PRICE. ............................................................................................................................... 49 Article 5. PAYMENT PROCEDURES. .................................................................................................................. 50 Article 6. RETAINAGE. .......................................................................................................................................... 51 Article 7. CONTRACTOR GUARANTEE. ............................................................................................................ 51 Article 8. CONTRACT DOCUMENTS. .................................................................................................................. 51 Article 9. NOTICE. ................................................................................................................................................. 51 Article 10. INDEMNITY. ........................................................................................................................................ 52 Article 11. REIMBURSEMENT OF CONSULTANT EXPENSES. ....................................................................... 53 Article 12. FLORIDA’S PUBLIC RECORDS LAW. ............................................................................................. 53 Article 13. E-VERIFY.............................................................................................................................................. 54 Article 14. PROHIBITION AGAINST CONSIDERING SOCIAL, POLITICAL OR IDEOLOGICAL INTERESTS IN GOVERNMENT CONTRACTING -- F.S. 287.05701. ............................................................... 55 Article 15. SCRUTINIZED COMPANIES. ............................................................................................................. 55 Article 16. COVENANT AGAINST CONTINGENT FEES. ................................................................................. 56 Article 17. MISCELLANEOUS. ............................................................................................................................. 56 371 City of Boynton Beach Purchasing Division 25-026B Oyer Park – Fire Boat Lifts Installation Project 5 Article 18. DEFAULT OF CONTRACT & REMEDIES. ........................................................................................ 57 Article 19. SOVEREIGN IMMUNITY. .................................................................................................................. 58 Article 20. UNCONTROLLABLE FORCES. ......................................................................................................... 59 Article 21. NON-WAIVER. .................................................................................................................................... 59 Article 22. INDEPENDENT CONTRACTOR. ....................................................................................................... 59 Article 23. INSURANCE. ....................................................................................................................................... 59 Article 24. OWNERSHIP AND USE OF DOCUMENTS. ..................................................................................... 59 Article 25. ATTORNEY’S FEES. ........................................................................................................................... 60 Article 26. COMPLIANCE WITH LAWS. ............................................................................................................. 60 IN WITNESS WHEREOF ...................................................................................................................................... 61 CORPORATE ACKNOWLEDGEMENT .................................................................................................................. 62 ATTACHMENT “A” .................................................................................................................................................. 63 Attachment A – Grant Agreement Exhibit A – COBB Special Conditions and Specifications Exhibit B – Pioneer Park – Architectural Set Exhibit C – Pioneer Park – Permit Sets Exhibit D – Pioneer Park and Marina – Location Map Exhibit E – Pioneer Park and Marina Civil Engineering Plans Exhibit F – City of Boynton Beach Grant Agreement Exhibit G – SFWMD Permit 372 City of Boynton Beach Purchasing Division 25-078B Pioneer Canal Park Boat Ramp and Driveway Reconfiguration Project 6 THE CITY OF BOYNTON BEACH ADVERTISEMENT NOTICE TO BIDDERS FOR PIONEER CANAL PARK BOAT RAMP and DRIVEWAY RECONFIGURATION PROJECT ITB NO. 25-078B Electronic Invitation To Bid (ITB’s) shall be received by the e-procurement system up until Friday, September 26, 2025; No Later Than 3:00 P.M. (Local Time); unless specified otherwise and may not be withdrawn within ONE HUNDRED TWENTY (120) days after such date and time. All ITB’s received will be publicly opened and acknowledged of receipt by the City’s Procurement Department via the e-procurement system electronically. The e-procurement system does not permit ITB’s received after the assigned date and time. For the above reasons, it is recommended that the proposer(s) allow sufficient time to complete your online Submission and to resolve any issues that may arise. ATTENTION, ALL INTERESTED BIDDERS: To obtain documents online, please visit Boynton-beach.bidsandtenders.net. and https://boynton- beach.bidsandtenders.net/Module/Tenders/en. Documents are not provided in any other manner. SCOPE OF SERVICES: The City of Boynton Beach “City” Public Works Engineering Department is requesting sealed bids from qualified and experienced firms to provide construction services for the reconfiguration of the existing boat ramps and docks and reconfiguration and resurfacing of a portion of the existing driveway at Pioneer Canal Park, located at 848 NW 13th Avenue, Boynton Beach, Florida 33426. The project also includes associated demolition, structural, landscaping, asphalt, concrete sidewalks and other miscellaneous work as captured in the project documents necessary to accommodate all new work. The Contractor shall furnish all labor, tools, equipment, materials, supplies, manufactured articles, furnishing all transportation and services, and essential communications, etc., as necessary to complete the project, as indicated in the Special Conditions, Special Provisions, Project Design Plans, Technical Specifications and Bid No. 25-078B Documents herein, along with all engineering, shop drawings, and other documentation necessary to obtain all applicable permits and all bonds, securities, licenses and insurance to complete the project as specified herein and within the Project Design Plans. All proposed work and improvements shall be completed in accordance with the 2023 Florida Building Code, 8th Edition with Local and all Palm Beach County Amendments and the 2023 Florida Building Code - Existing Building – 8th Edition. The City reserves the right to award to more than one Bidder. The Bidder(s) shall act as an independent contractor and not as an employee of the City. Questions related to this ITB are to be submitted to the Purchasing representative through the e- procurement system only by clicking on the “Submit a Question” button for this specific solicitation. 373 City of Boynton Beach Purchasing Division 25-078B Pioneer Canal Park Boat Ramp and Driveway Reconfiguration Project 7 PRE-BID CONFERENCE: A NON-MANDATORY Pre-bid Conference & possible Site Visit is scheduled for September 4, 2025, at 10:30 A.M. to be held at City of Boynton Beach City Hall Room 115, 100 East Ocean Avenue, Boynton Beach, Florida 33435. Please note that this meeting will be recorded and uploaded to Bids&Tenders but it is highly encouraged that all parties interested in bidding on this project should try to attend this meeting. The purpose of this meeting is to provide a forum for all concerned parties to discuss the proposed term contract, answer questions on the solicitation document, review the qualifications requested, provide instructions for submitting proposals, and discuss other relevant issues. In the event that any discussions or questions at the pre-bid meeting require, in the City’s opinion, official additions, deletions, or clarifications of the solicitation or any other document, the City will issue an addendum to this ITB, as the City determines is appropriate. No oral representation or discussion taking place at the pre-bid meeting will be binding or may be relied upon by any person or entity. All questions prior to and after the pre-bid meeting shall be submitted in writing through the City’s e-procurement platform by the deadline for questions outlined on page # 1. LOBBYING / CONE OF SILENCE: Consistent with the requirements of Chapter 2, Article VIII, Lobbyist Registration, of the Palm Beach County Code of Ordinances, Boynton Beach imposes a Cone of Silence. A cone of silence shall be imposed upon each competitive solicitation as of the deadline to submit the proposal, bid, or other response and shall remain in effect until the City Commission awards or approves a contract, rejects all bids or responses, or otherwise takes action that ends the solicitation process. While the cone of silence is in effect, no Offeror or its agent shall directly or indirectly communicate with any member of the City Commission or their staff, the Manager, any employee of Boynton Beach authorized to act on behalf of Boynton Beach in relation to the award of a particular contract or member of the Selection Committee in reference to the solicitation, with the exception of the Purchasing Manager or designee. (Section 2-355 of the Palm Beach County Code of Ordinances.) Failure to abide by this provision may serve as grounds for disqualification for award of contract to the Offeror. Further, any contract that violates the cone of silence shall render the transaction voidable. The cone of silence shall not apply to oral communications at any public proceeding, including pre-bid conferences, oral presentations before Selection Committees, contract negotiations during any public meeting, presentations made to the City Commission, and protest hearings. Further, the cone of silence shall not apply to contract negotiations between any employee and the intended awardee, any dispute resolution process following the filing of a protest between the person filing the protest and any employee, or any written correspondence with Boynton Beach as may be permitted by the competitive solicitation. Additionally, the cone of silence shall not apply to any purchases made in an amount less than the competitive solicitation threshold set forth in the Purchasing Manual. PUBLIC RECORDS DISCLOSURE: Pursuant to Florida Statutes §119.071, sealed Proposal responses received by the City in response to an Invitation to bid are exempt from public records disclosure requirements until thirty 374 City of Boynton Beach Purchasing Division 25-078B Pioneer Canal Park Boat Ramp and Driveway Reconfiguration Project 8 (30) days after the opening of the Proposals unless the City announces intent to award sooner. If the City rejects all Responses submitted in accordance with an Invitation To Bid, and the City concurrently provides notice of its intent to reissue the competitive solicitation, the rejected Responses remain exempt from public disclosure until such time as the City provides notice of a decision or intended decision concerning the competitive solicitation or until the City withdraws the reissued competitive solicitation. A Bid response, or reply is not exempt for longer than twelve (12) months after the initial City notice rejecting all Bids. 375 City of Boynton Beach Purchasing Division 25-078B Pioneer Canal Park Boat Ramp and Driveway Reconfiguration Project 9 PURCHASING DIVISION Our Mission Statement: We are unwavering in our commitment to promoting integrity, transparency, and fairness in every step of the procurement process. This dedication is the cornerstone of our mission. We strive to maximize value for our community by fostering competitive opportunities for local businesses, ensuring compliance with regulations, and delivering exceptional service to our stakeholders. Through collaboration, planning, and innovation, we aim to support the city’s goals while enhancing the economic vitality of our region. Our Purpose: The City of Boynton Beach's Purchasing Division is dedicated to fostering equitable and fair competition in our solicitations through a transparent procurement process. We actively collaborate with local vendors to ensure that every participant has an equal opportunity to secure government contracts. Our commitment to fairness and transparency is unwavering. Our Key Goals: As guardians of the public trust, our Purchasing Division is deeply committed to its purpose and mission. Upholding the values of vision, integrity, efficiency, and quality service, we strive to fulfill our commitments with unwavering dedication. Our Community Impact: Our local, state, and nationwide vendors are essential partners in our purpose and mission. We are dedicated to collaborating with qualified, competitive vendors who share our commitment to quality, efficiency, teamwork, and exceptional customer service. A Message to our Vendors and the Community: Your work as a vendor is not just about delivering products and services. It's about enhancing the overall value of our services to our residents. We expect high-quality products and efficient services, delivered on time and as specified, to make a real difference in our community. Additionally, we anticipate that our vendors will collaborate with us as a team and maintain the highest standards of integrity in all interactions with the city’s offices and departments. These are expectations and standards we hold all our vendors to. Diligence in fulfilling the requirements of this solicitation will significantly enhance the overall quality of services delivered to our community. The City seeks a firm that embodies these principles in its work, and the successful candidates will be evaluated against the performance standards detailed in this solicitation. 376 City of Boynton Beach Purchasing Division 25-078B Pioneer Canal Park Boat Ramp And Driveway Reconfiguration Project 10 PIONEER CANAL PARK BOAT RAMP and DRIVEWAY RECONFIGURATION PROJECT PUBLIC WORKS CONSTRUCTION PROJECT ITB No.: 25-078B SECTION I – INSTRUCTION TO BIDDERS – SUBMISSION REQUIREMENTS Procurement Definition: It is the intent of the City to award this bid to the lowest responsible and responsive bidder. The City reserves the right to accept or reject any or all bids and to waive any informality concerning the bids when such a rejection or waiver is deemed to be in the best interest of the City. 1.0 DEFINITIONS Whenever the following terms appear in the Invitation to Bid, the intent and meaning shall be interpreted as follows: “Addenda” Written or graphic instruments issued before opening ITBs that clarify, correct, or change the solicitation requirements or the contract document. “Agreement” The written agreement between the City and the Contractor covering the scope of work to be performed, including other Contract Documents attached to the Agreement and made a part thereof. The words “Agreement” and “Contract” are used interchangeably. “City” or “Owner” The City of Boynton Beach, Florida, a municipal corporation of the State of Florida “Contract Administrator” The Department’s Director or some other employee expressly designated as Contract Administrator in writing by the Director, who is the representative of the City concerning the Contract Documents. “Contract Documents” The contract documents consist of this Agreement, conditions of the contract (General, Supplementary, and other Conditions), of this Solicitation, all addenda issued prior to, all modifications issued after execution of this Agreement, Notice of Award, Notice to Proceed, Certificate(s) of Insurance, Bonds and any additional modifications and supplements, Change Orders and Work directive changes issued on or after the effective date of the Contract. These contract documents form the Agreement, and all are as fully a part of the Agreement if attached to this Agreement or repeated therein. Defective An adjective which when modifying the Work refers to Work that is unsatisfactory, faulty or deficient, or does not conform to the Contract Documents, or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents. Effective Date of the Agreement The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. “End User (EU)” Internal Member of the City Staff who has requested a procurement service. Also known as a Stakeholder (SH) “Interested parties” Firms or bidders interested in the ITB and plan to eventually become bidders. “Notice to Proceed” A written notice given by the City to the Contractor fixing the date on which the Contract Time will commence to run and on which the Contractor shall start to perform the Consultant’s obligations under the Contract Documents. Such Notice is to be issued by the City and project Contract Administrator. “Online e-procurement system” or “e-procurement system” The City of Boynton Beach’s solicitation management system is “bids&tenders.” “Procurement Services” The Procurement Division - Department of Finance of the City of Boynton Beach. “Bidder/Offeror/Responder” Any individual, firm, or corporation submitting a bid for this project, acting directly or through a duly authorized representative. For the purpose of this solicitation, the terms “Offeror” and “Bidder” are used interchangeably and have the same meaning. “Invitation to Bid (ITB) Solicitation” It is the intent of the City to award this bid to the lowest responsible and responsive bidder. The City reserves the right to accept or reject any or all bids and to waive any informality concerning the bids when such a rejection or waiver is deemed to be in the best interest of the City. “Sub-Contractor” Any person, firm, entity, or organization, other than the employees of the bidder, who contracts with the Contractor to furnish labor, or labor and materials, in connection with the work or services to the City, whether directly or indirectly, on behalf of the Contractor. “Responsible Bidder” This means a person or firm capable of fully performing the requirements in the ITB and agreement and having the tenacity, perseverance, experience, integrity, reliability, capacity, facilities, equipment, and credit to ensure good faith performance. “Responsive Bidder” This means a Person or firm who has submitted a bid that conforms in all material respects to the requirements outlined in this ITB. 377 City of Boynton Beach Purchasing Division 25-078B Pioneer Canal Park Boat Ramp And Driveway Reconfiguration Project 11 “Successful Bidder" or “Contractor” The individual or firm who successfully receives the award for work to be completed as defined by this solicitation. Also referred to as Contractor or Vendor. “Written Amendment” A written amendment of the Contract Documents, signed by the City and the Consultant on or after the Effective Date of the Agreement and typically dealing with non-technical aspects rather than strictly work- related aspects of the Contract Documents. “Unit Price or Hourly Wage Work” Work to be paid for based on unit prices outlined within the ITB. 1.2 DEPARTMENTS WITHIN THE CITY OF BOYNTON BEACH Anytime the City releases a new solicitation, it will contain a prefix of one of the following types: AC = Arts and Culture BD = Building Department CC = City Clerk CW = Citywide CS = Community Standards DS = Development Services FIN = Financial Services FR = Fire Rescue GO = Golf HR = Human Resources ITS = Information Technology Solutions LIB = Library PLDEV = Planning and Development PUBA = Public Affairs PWE = Public Works Engineering PW = Public Works PD = Police Department REC = Recreations and Parks UTL = Utilities This prefix will denote the department responsible for initiating the solicitation request. 1.3 TYPES OF SOLICITATIONS PROVIDED BY THE CITY Anytime the City releases a new solicitation, it will contain a suffix of one of the following types: B = Invitation to Bid (ITB) R = Request for Proposal (RFP) L = Letter of interest (LOI) Q = Request for Qualifications (RFQ) RQ = Request for Quote (RFQ) RB = Re-Bid This suffix will determine what type of solicitation the City plans to procure. The City reserves the right to add any additional solicitation types at any time. 1.4 PRE-BID MEETING The City may hold a pre-bid conference for this project which may include a site visit. The information regarding such meeting will be noted on the cover page or advertisement page of this document. 1.5 ONLINE E-PROCUREMENT SYSTEM SUBMISSION OF THE BID – (bids&tenders) 1.5.1 The City of Boynton Beach utilizes an electronic online e-procurement system service to notify and distribute its solicitation documents; please visit Boynton- beach.bidsandtenders.net. 1.5.2 To obtain documents online, please visit Boynton-beach.bidsandtenders.net. 1.5.3 Before registering for the opportunity, you may preview the solicitation documents with a Preview Watermark. Documents are not provided in any other manner. 1.5.4 Bidders are cautioned that the timing of their Submittal submission is based on when the Submittal is RECEIVED by the e-procurement System, not when a Submittal is submitted, as the Submittal transmission can be delayed due to file transfer size, transmission speed, etc. 378 City of Boynton Beach Purchasing Division 25-078B Pioneer Canal Park Boat Ramp and Driveway Reconfiguration Project 12 1.5.5 For the above reasons, sufficient time is recommended to complete your ITB Submission and resolve any issues that may arise. The online e-procurement system’s web clock shall determine the closing time and date. 1.5.6 Bidders should contact bids&tenders support listed below at least twenty-four (24) hours prior to the closing time and date if they encounter any problems. 1.5.7 The e-procurement system will send a confirmation email to the Bidder advising that their submittal was submitted successfully. If you do not receive a confirmation email, contact bids&tenders support at support@bidsandtenders.net. 1.5.8 Bidders shall be solely responsible for maintaining accurate contact data through the Bids and Tenders system. The City shall under no circumstances be responsible for any errors or omissions in vendor’s contact information on file with Bids and Tenders. Updates to contact information may be requested by contacting Bids and Tenders at support@bidsandtenders.org . 1.5.9 It is the Responding firm's responsibility to read and understand the requirements of this bid request. Unless otherwise specified, the Responding firm must use the bid form located online for Invitation for Bid document. 1.5.10 All bids shall be submitted in the English language. All prices, terms and conditions bid in the submitted response shall be expressed in U.S. Dollars and will be firm for acceptance for ONE HUNDRED TWENTY (120) calendar days from the date of the bid opening unless otherwise stated by the City. 1.5.11 The Responding firm preparing a bid in response to this solicitation shall bear all expenses associated with its preparation. The Responding firm shall prepare a bid with the understanding that no claim for reimbursement shall be submitted to the City for expenses related to its preparation. 1.6 EXAMINATION OF CONTRACT DOCUMENTS AND PROJECT SITE 1.6.1 Before submitting a bid, each Offeror must visit the site (if applicable to the project) to become familiar with the facilities and equipment that may in any manner affect cost or performance of the work; must consider federal, state, grant requirements (if Applicable) and local laws, ordinances, rules, and regulations that may in any manner affect cost or performance of the work, must carefully compare the Offeror's observations made during site visits or in a review of applicable laws with the Bid Documents; and must promptly notify the Procurement Officer of all conflicts, errors and discrepancies, if any, in the solicitation documents. 1.6.2 Bidders shall satisfy themselves by personal investigation and by such other means as they may deem necessary or desirable as to the conditions affecting the proposed work and the cost. 1.6.3 No information derived from maps, plans, specifications, or from the Engineer, City Manager, or their assistants or any other department of the City shall relieve the contractor from any risk or from fulfilling all terms of the contract. 1.6.4 The bidder is required to conduct a full and thorough investigation of the premises prior to submitting a bid. 1.6.5 It is the bidder’s sole responsibility to determine the amount of labor and materials needed to complete all aspects of the project. 1.6.6 If the pre-bid meeting is deemed mandatory and a bidder does not attend and sign in to the sign in sheet for the mandatory pre-bid meeting, the bid submission will not be considered. 1.6.7 The Offeror, by and through the submission of a Bid, agrees that it shall be held responsible for having examined the facilities and equipment (if applicable), is 379 City of Boynton Beach Purchasing Division 25-078B Pioneer Canal Park Boat Ramp and Driveway Reconfiguration Project 13 familiar with the nature and extent of the work and any local conditions that may affect it, and is familiar with the equipment, materials, parts, and labor required to perform the work successfully. 1.7 ELIGIBILITY OF BIDDER 1.7.1 To be eligible to respond to participate in this ITB, the proposing firm or principals must demonstrate that they, or the principals assigned to the contract, have successfully provided services of similar magnitude as those specified in SCOPE OF WORK (PROJECT) of this solicitation and can demonstrate they have the experience with large-scale private sector clients and the managerial and financial ability to perform the services successfully. 1.8 MINIMUM QUALIFICATIONS OF BIDDERS 1.8.1 No e-submission will be accepted from, nor will any contract be awarded to, any person who is in arrears to the City of Boynton Beach upon any debt or contract or who has defaulted, as surety or otherwise, upon any obligations to the City, or who has been deemed irresponsible or unreliable to the City. 1.8.2 Awards will be based on past performance and quality of work in addition to the Contractor’s ITB response as outlined within this solicitation document. 1.8.3 If selected for a contract, all Contractors must perform to the satisfaction of the City before being considered for award of additional contracts. 1.8.4 A satisfactory record of integrity with previous work performed. 1.8.5 Qualified legally to enter into a Contract within the State of Florida and the City of Boynton Beach. 1.8.6 Supplied all necessary licensing information in connection with the inquiry concerning responsibility. 1.8.7 Contractors whose performance is unsatisfactory shall be subject to debarment or suspension. 1.9 CONTACT INFORMATION AND QUESTIONS 1.9.1 For inquiries regarding this solicitation Bidders must submit questions online at https://boynton-beach.bidsandtenders.org/Module/Tenders/en Once on the webpage bidder should click the solicitation they are interested in and click the “Submit a Question Button”. All questions will be reviewed by the City and answered in the form of an addendum which will be uploaded to the City’s website and available for all firms registered as plan holders. 1.10 CLARIFICATIONS, QUESTIONS AND ADDENDA FOR THIS SOLICITATION 1.10.1 The City may issue an addendum to change the intent or to clarify the meaning of the solicitation and Contract documents. 1.10.2 Since all addenda are available to Bidders through the City’s e-Procurement system Boynton-beach.bidsandtenders.net, it is the responsibility of each Bidder to have received ALL addenda issued. 1.10.3 Bidders should check online at Boynton-beach.bidsandtenders.net before submitting their bid and until the bid closing time and date in the event, to ensure no additional addenda are issued. 1.10.4 If a Bidder submits their bid before the BID closing time and date and an addendum has been issued, the e-procurement system shall WITHDRAW the bid. 1.10.5 The submittal status will change to an INCOMPLETE STATUS, and the Bid will be withdrawn. The Bidder can view this status change in the “MY BIDS” section of the e-procurement system. 380 City of Boynton Beach Purchasing Division 25-078B Pioneer Canal Park Boat Ramp and Driveway Reconfiguration Project 14 A. The Bidder is solely responsible for creating any required adjustments to their Bid, acknowledging the addenda, and ensuring the re-submitted Bid is RECEIVED by the e-procurement System no later than the stated Bid closing time and date. B. The Bidder is responsible for submitting written questions or requesting clarification for items included in this solicitation through bids&tenders. C. Any and all responses to questions or inquiries, interpretations, and supplemental instructions will be in the form of a written addenda, which, if issued, will be posted through bids and tenders. D. No verbal interpretations may be relied upon. E. Failure of any Bidder to receive any such addenda or interpretation shall not relieve any Bidder from any obligation under a response as submitted. All addenda so issued shall become a part of the solicitation document. F. The Bidder shall acknowledge receipt of any addenda through the e- procurement system by checking a box for each addenda and any applicable attachment. G. It is the Bidder's responsibility to have received all issued addenda. Bidders should check online at Boynton-beach.bidsandtenders.net prior to submitting their Submittal and up until the BID closing time and date in the event additional addenda are issued. H. Interested parties may preview the solicitation documents with a Preview Watermark before registering for the opportunity. Documents are not provided in any other manner. I. If any interested parties have received this ITB packet from a source other than bids&tenders directly and the Interested Party is not registered with bids&tenders, they must register with bids&tenders. J. No negotiations, decisions, or actions shall be initiated by the Bidder as a result of any discussions with a City employee. K. Only those communications in writing from the Purchasing Division may be considered a duly authorized expression. Also, only communications from Bidders submitted through bids&tenders in writing will be recognized by the City as duly authorized expressions on behalf of the Bidder. L. Late Submittal Responses are not permitted by the e-procurement system. M. To ensure receipt of the latest information and updates via email regarding this solicitation, or if a Bidder has obtained this Solicitation from a third party, the responsibility is on the Bidder to create an e-procurement system vendor account and register as a plan taker for the solicitation with bids&tenders. N. All expenses for making SUBMITTAL responses to the City are to be borne by the Bidder. 1.11 MISTAKES WITHIN SOLICITATION 1.11.1 Bidders are cautioned to examine all terms, conditions, specifications, Scope of Work, exhibits, addenda, delivery instructions, and special conditions pertaining to the solicitation. Failure to examine all pertinent documents shall not entitle the Bidder to any relief from the conditions imposed in the contract and may lead to the rejection of a bid. 1.12 SUBMISSION OF THE BID 1.12.1 The City’s e-procurement solicitation system shall receive ELECTRONIC BID SUBMISSIONS ONLY. 381 City of Boynton Beach Purchasing Division 25-078B Pioneer Canal Park Boat Ramp and Driveway Reconfiguration Project 15 1.12.2 HARDCOPY SUBMISSIONS ARE NOT PERMITTED. 1.12.3 Electronic Invitation to Bid for this solicitation shall be received by the City’s e- procurement system no later than the time outlined on page #1 of this solicitation. 1.12.4 Late responses are not permitted by the e-procurement system. It shall be the sole responsibility of the Bidder to have their Invitation to Bid submittal submitted online. 1.12.5 All bids shall be submitted in English. 1.12.6 All prices, terms, and conditions proposed in the submitted response shall be expressed in U.S. Dollars and will be firm for acceptance for ONE HUNDRED TWENTY (120) calendar days after the closing of the ITB. 1.13 SOLICITATION FORMS 1.13.1 The Bidder will submit a response to the solicitation on the bid submission forms provided. All bid submission prices, amounts, and descriptive information must be entered into the e-procurement system bids&tenders. 1.13.2 The Bidder must state the price and the time of delivery for which they propose to deliver the equipment or service requested. 1.13.3 The Bidder must be licensed to do business as an individual, partnership, or corporation in the State of Florida. 1.13.4 All bid submission forms should be executed and submitted for easy identification. Responses not submitted on bid submission forms may be rejected. 1.13.5 All bid submissions are subject to the conditions specified in this solicitation document. Submittals that do not comply with these conditions may be rejected. 1.13.6 THE FOLLOWING FILLABLE DIGITAL FORMS HAVE BEEN CREATED AND MUST BE SUBMITTED / ACKNOWLEDGED WITH EACH BID: A. Certification B. Vendor Drug-Free Workplace C. Bidder’s Qualification Statement D. References E. Scrutinized Companies List F. E-Verify Compliance G. Sub-Contractor Form H. Firm’s Primary Ownership I. Local Boynton Beach Preference J. Palm Beach County Inspector General Acknowledgement 1.13.7 FORMS THAT MUST BE UPLOADED TO THE DOCUMENT UPLOAD SECTION A. Document Upload 1: Non-Collusive Affidavit & Acknowledgement B. Document Upload 2: Scrutinized Companies Affidavit and E- Verify C. Document Upload 3: Bid Bond and Bid Bond Acknowledgement (SEE BID BOND SUBMITTAL BELOW) D. Document Upload 4: Foreign Entity Ownership Affidavit E. Document Upload 5: Anti-Human Trafficking Affidavit F. Document Upload 6: Proof of State Certified or County Competency G. Document Upload 7: Certificate of Insurance – Proof of Requirements H. Document Upload 8: Internal Revenue Service Form W-9 I. Document Upload 9: Anti Kick Back Affidavit J. Document Upload 10: Optional 382 City of Boynton Beach Purchasing Division 25-078B Pioneer Canal Park Boat Ramp and Driveway Reconfiguration Project 16 1.14 BID BOND GUARANTY SUBMITTAL To participate in this Invitation to Bid (ITB), an acceptable Bid Bond, Cashier’s Check, Money Order, Irrevocable Letter of Credit, or Certified Check payable to the City of Boynton Beach in an amount not less than five percent (5%) of the bid price is required for this project. Additional bonding requirements may be specified in the Special Provisions of this solicitation. The Bid Bond must be executed by a surety company authorized to do business in the State of Florida or secured in a manner deemed satisfactory by the City of Boynton Beach. If a bid guarantee is required, the bidder should upload a true copy of the Bid Bond to the City’s website at the time of online submission via Bids and Tenders. Specific Instructions: A bid security bond is required for this project. An acceptable Bid Bond, Cashier’s Check, Money Order, Irrevocable Letter of Credit, or Certified Check for five percent (5%) of the bid price must accompany your bid. A scan or copy of the original Bid Bond shall be submitted with your electronic bid response. The original Bid Bond (raised seal or thicker stock paper) must be received via U.S. Mail, air or ground courier, messenger service, or in person to the following address by 3:00 PM within three days of the bid due date: 100 East Ocean Ave, 4th Floor – Purchasing, Boynton Beach, FL 33435 The City may allow the original Bid Bond to be submitted within three (3) business days after the bid opening, provided the bidder uploaded a scanned copy of the Bid Bond with their initial submission. Failure to submit the original Bid Bond as outlined will result in the bid being deemed non- responsive. 1.15 BIDDER'S COMPLIANCE WITH FLORIDA STATUTES AND CITY CODES 1.15.1 ANTI-KICKBACK AFFIDAVIT Each Bidder shall complete the Anti-Kickback Affidavit Form and shall submit this form with their Bid. The City considers the failure of the Bidder to submit this document to be a major irregularity and may be cause for rejection of the Bid. 1.15.2 NON-COLLUSION AFFIDAVIT Each Bidder shall complete the Non-Collusive Affidavit Form and shall submit this form with the bid. The City considers the failure of the Contractor to submit this document to be a major irregularity and may be cause for rejection of the bid. A Bidder shall not collude, conspire, connive or agree, directly or indirectly, with any other Bidder, firm or person to submit a collusive or sham response in connection with the work for which the response has been submitted; or to refrain from responding in connection with such work or have in any manner, directly or indirectly, sought by person to fix the price or prices in the bid or of any other Bidder, or to fix any overhead profit, or cost elements of the bid price or the bid price of any other responder, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against any other Bidder, or any person interested 383 City of Boynton Beach Purchasing Division 25-078B Pioneer Canal Park Boat Ramp and Driveway Reconfiguration Project 17 in the proposed work. The Bidder certifies there has been no collusion with any other firm or employees from any other firm who will be submitting a bid on the same project. Each Bidder shall complete the Non-Collusive Affidavit Form and shall submit this form with the bid. The City considers the failure of the Bidder to submit this document to be a major irregularity and may be cause for rejection of the bid. 1.15.3 FOREIGN ENTITY AFFIDAVIT Through the submission of a bid for this ITB, Bidder ensures that it is not owned by the government of a foreign country of concern as defined in Section 287.138, Florida Statutes. (Source: § 287.138(2)(a), Florida Statutes); The government of a foreign country of concern does not have a controlling interest in Entity. (Source: § 287.138(2)(b), Florida Statutes); The Entity is not organized under the laws of and does not have a principal place of business in, a foreign country of concern. (Source: § 287.138 (2)(c), Florida Statutes); The Entity is not owned or controlled by the government of a foreign country of concern, as defined in Section 692.201, Florida Statutes. (Source: § 288.007(2), Florida Statutes); The Entity is not a partnership, association, corporation, organization, or other combination of persons organized under the laws of or having its principal place of business in a foreign country of concern, as defined in Section 692.201, Florida Statutes, or a subsidiary of such entity. (Source: § 288.007(2), Florida Statutes); The Entity is not a foreign principal, as defined in Section 692.201, Florida Statutes. (Source: § 692.202(5)(a)(1), Florida Statutes); and The Entity is in compliance with all applicable requirements of Sections 692.202, 692.203, and 692.204, Florida Statutes. 1.15.4 ANTI-HUMAN TRAFFICKING AFFIDAVIT Each offeror shall complete and upload the Anti-Human Trafficking Affidavit to attest to the following: Through the submission of a bid for this project: Pursuant to section 787.06(13), Florida Statutes, the Entity does not use coercion for labor or services as defined in Section 787.06, Florida Statutes, entitled “Human Trafficking”. 1.15.5 CONFLICT OF INTEREST The award hereunder is subject to the provisions of Chapter 112 of the State of Florida Statutes. Responding bidders shall disclose the name of any officer, director, partner, proprietor, associate or agent who is also a public officer or employee of the City or any of its agencies. 1.15.6 E-VERIFY FORM UNDER SECTION 448.095 By submission of this bid, Bidder and if awarded, CONTRACTOR certifies that it is aware of and complies with the requirements of Section 448.095, Florida Statues, as may be amended from time to time and briefly described herein below. Definitions for this Section: "Contractor" means a person or entity that has entered or is attempting to enter into a contract with a public employer to provide labor, supplies, or services to such employer in exchange for salary, wages, or other remuneration. "Contractor" includes, but is not limited to, a vendor or consultant. "Subcontractor" means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor in exchange for salary, wages, or other remuneration. "E-Verify system" means an Internet-based system operated by the United States Department of Homeland Security that allows participating employers to electronically verify the employment eligibility of newly hired employees. Registration Requirement; Termination: Pursuant to Section 448.095, Florida Statutes, effective January 1, 2021, Contractors shall register with and use the E-Verify system in order to verify the work authorization status of all newly hired employees. Contractor shall register for and utilize t he U.S. Department of Homeland Security' s E-Verify System to verify the employment eligibility of: All persons employed by a Contractor to perform employment duties within Florida during the term of the Contract; and All persons (including sub-vendors/ subconsultants/ subcontractors) assigned by Contractor to perform work pursuant to the Contract with the City of North Lauderdale. The Contractor acknowledges and agrees that registration and use of the U.S. Department of 384 City of Boynton Beach Purchasing Division 25-078B Pioneer Canal Park Boat Ramp and Driveway Reconfiguration Project 18 Homeland Security' s E-Verify System during the term of the Contract is a condition of the Contract with the City of North Lauderdale; and The Contractor shall comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility," as amended from time to time. This includes, but is not limited to registration and utilization of the E-Verify System to verify the work authorization status of all newly hired employees. Contractor shall also require all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. The Contractor shall maintain a copy of such affidavit for the duration of the Contract. Failure to comply will lead to termination of this Contract, or if a subcontractor knowingly violates the statute, the subcontract must be terminated immediately. Any challenge to termination under this provision must be filed in the Circuit Court no later than twenty (20) calendar days after the date of termination. Termination of this Contract under this Section is not a breach of Contract and may not be considered as such. If this Contract is terminated for a violation of the statute by the Contractor, the Contractor may not be awarded a public contract for a period of one (1) year after the date of termination. 1.15.7 CERTIFICATION PURSUANT TO FLORIDA STATUTE § 287.135 By submission of this solicitation, BIDDER and if awarded project, CONTRACTOR, its principals or owners, certify that they are not listed on the Scrutinized Companies that Boycott Israel List, Scrutinized Companies with Activities in Sudan List, Scrutinize d Companies with Activities in the Iran Petroleum Energy Sector List, or is engaged in business operations with Syria. In accordance with Section 287.135, Florida Statutes, as amended, a company is ineligible to, and may not, bid on, submit a bid for, or enter into or renew a contract with any agency or local governmental entity for goods or services of: Any amount of, at the time bidding on, submitting a bid for, or entering into or renewing such Contract, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a boycot t of Israel; or One million dollars or more if, at the time of bidding on, submitting a bid for, or entering into or renewing such Contract, the company: Is on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473, Florida Statutes; or Is engaged in business operations in Syria 1.15.8 ANTITRUST CAUSE OF ACTION (Bid Rigging) In submitting a bid to the City of Boynton Beach, the Vendor offers and agrees that if the bid is accepted, the Vendor will convey, sell, assign, or transfer to the City of Boynton Beach all rights, title, and interest in and to all causes of action it may now or hereafter acquire under the antitrust laws of the United States and the State of Florida for price-fixing relating to the particular commodities or services purchased or acquired by the City of Boynton Beach. At the City of Boynton Beach’s discretion, such assignment shall be made and become effective at the time the purchasing agency tenders final payment to the Vendor. 1.16 SUB-CONTRACTORS 1.16.1 If a Bidder utilizes sub-Contractors for any portion of a Contract for any reason, the Bidder should state the name and address of the sub-Contractor and the name of the person to be contacted on the online form within the e-procurement system under “Schedule of Sub-Contractor.” 1.16.2 The City of Boynton Beach reserves the right to accept or reject any or all bids wherein a sub-Contractor is named and to make the award to the Consultant, who, in the opinion of the City, will be in the best interest of and/or most advantageous to the City. 385 City of Boynton Beach Purchasing Division 25-078B Pioneer Canal Park Boat Ramp and Driveway Reconfiguration Project 19 1.16.3 The City also reserves the right to reject a submission of any Bidder if the solicitation names a sub-Contractor who has previously failed to perform an award properly or failed to deliver on-time Contracts of a similar nature or who cannot perform correctly under this award. 1.16.4 The City reserves the right to inspect all sub-contractor facilities to determine the foregoing. 1.16.5 The sub-contractor will be equally responsible for meeting all requirements specified in this Invitation to Bid (ITB). 1.16.6 In accordance with 2 CFR Part 200 Appendix II 200.217 Bidders are encouraged to seek participation from minority and women-owned business enterprises in subcontracting opportunities. The City reserves all rights to determine the foregoing. 1.17 ESCALATOR CLAUSE 1.17.1 Any bid submission subject to an escalator clause will be rejected. 1.18 EXCEPTIONS BY BIDDER 1.18.1 Incorporation in a bid of exceptions to any portion(s), of the Contract documents may invalidate the submission. Exceptions to the Scope of Work and/or Special Provisions shall be clearly and specifically noted in the submitted bid on a separate sheet marked “EXCEPTIONS TO THE SPECIFICATIONS,” which shall be attached to the bid submission. 1.18.2 The use of the Bidder’s standard forms or the inclusion of the manufacturer’s printed documents shall not be construed as constituting an exception within the intent of the Contract documents. 1.19 QUANTITIES 1.19.1 Quantities shown are estimates only. 1.19.2 No guarantee or warranty is given or implied by the City as to the total amount that may or may not be purchased from any resulting contract. 1.19.3 The City reserves the right to decrease or increase quantities or add or delete any item from the contract if it is determined that it best serves the interests of the City. 1.20 BID TABULATION 1.20.1 When a bid closes an unofficial bid, the tab will be posted online at https://boynton- beach.bidsandtenders.org. Responding firms can download the unofficial bid tabulation using the link provided above. 1.20.2 Per Florida Statute 255.0518, the City will publicly open all construction or repairs on a public building or public work. 1.20.3 The City shall issue an intent to award for the lowest responsible and responsive bidder. 1.21 UNBALANCED BIDS 1.21.1 When a unit price bid has variable or estimated quantities, and the bid shows evidence of unbalanced bid pricing submittal, the City reserves the right to reject such bid submission. 1.22 UNIT PRICES AND ADDITIONAL QUANTITY 1.22.1 The City reserves the right to acquire additional hours or quantities of the requested items/services at the prices offered in this solicitation. 1.22.2 If additional quantities are not acceptable, the price proposal sheets must be noted: “BID IS FOR SPECIFIED QUANTITY ONLY”. 386 City of Boynton Beach Purchasing Division 25-078B Pioneer Canal Park Boat Ramp and Driveway Reconfiguration Project 20 1.22.3 Where a discrepancy between the unit price and the total price is indicated on a Responding firm’s online submitted Schedule of Bid Prices or Price Proposal Form, the unit prices shall prevail. 1.23 TIE BIDS 1.23.1 If two or more bidders are tied, the tie may be broken, and the successful vendor selected by the following criteria will be presented in order of importance. A. Delivery time if provided in the original bid by the bidders. B. Location of the vendor with the shortest distance (in miles) from the City of Boynton Beach's City Hall. Distance will be determined by using the vendor's address. C. If the above criteria are impossible to determine with any reasonableness or do not resolve the issue, the award will be given to that vendor whose bid was received first as indicated by the time stamp within the e- procurement system. D. Random lottery drawing conducted by the City Clerk. 1.24 EXECUTION OF SOLICITATION DOCUMENTS 1.24.1 Bid submissions to this solicitation should contain a manual or digital signature of an authorized representative in the space provided on all affidavits and applicable forms. 1.25 SOLICITATION DEADLINE 1.25.1 The Bidder is responsible for ensuring the bid is submitted electronically by or at the proper time and date before the solicitation deadline. 1.25.2 The e-procurement solicitation system does not permit late submission responses. 1.26 CITYS RIGHT TO REJECT BID SUBMITTALS 1.26.1 The City reserves the right to reject any bid if the evidence submitted by the proposer, or if the investigation of such proposer, fails to satisfy the City that such proposer is properly qualified to carry out the obligations and to complete the work contemplated. 1.26.2 Any or all bids will be rejected if there is reason to believe that collusion exists among proposers. 1.26.3 The City reserves the right to reject any bid if the evidence submitted by the Bidder, or if the investigation of such Bidder, fails to satisfy the City that such Bidder is appropriately qualified to carry out the obligations and to complete the work contemplated. 1.26.4 Any or all bids will be rejected if there is reason to believe collusion exists among Bidders. 1.26.5 A bid may be considered irregular and may be rejected if it indicates serious omissions, alterations in form, additions not called for, conditions or unauthorized alternates, or irregularities of any kind. 1.26.6 The City reserves the right to reject any or all bids, waive such technical errors, waive informalities or irregularities in any response received, re-advertise, or take any other actions as may be deemed best for the interests of the City. 1.26.7 No bid will be canvassed, considered, or accepted which, in the opinion of the City, is incomplete, informal, or unbalanced or contains inadequate documentation as required herein. Any alteration, erasure, interlineations, or failure to specify bids for all items called for in the schedule shall render the bid informal. 1.26.8 The City also reserves the right to the following: 387 City of Boynton Beach Purchasing Division 25-078B Pioneer Canal Park Boat Ramp and Driveway Reconfiguration Project 21 A. Reject any or all bids. B. Reject or cancel any or all submissions during the procurement process. C. Reissue a solicitation Invitation to Bid (ITB). D. Extend the ITB question deadline and closing time and date. E. Present an item to the City Commission to do what they feel is in the City's best interest. F. Procure any item by other means. G. Increase or decrease the quantity specified in the Invitation to Bid (ITB). H. Consider and accept an alternate ITB as provided herein when most advantageous to the City. I. Waive any defect, irregularity, or informality in any ITB procedure. J. Waive as an informality technical error, minor deviations from specifications, defect, or accept a portion of any bid deemed to be the most responsive, responsible Bidder(s) representing the most advantageous submission to the City. K. Consideration may be given but is not necessarily limited to conformity to the specifications, including timely delivery; product warranty; a Bidder’s proposed service; ability to supply and provide service; delivery to required schedules and past performances in other agreements/contracts with the City or other government entities. 1.27 DISQUALIFICATION OF BIDDER 1.27.1 More than one Bid from an individual, firm, partnership, corporation, or association under the same or different names shall not be considered. 1.27.2 All bids shall be rejected if there is reason to believe collusion exists between Bidders. 1.27.3 Automatic disqualifiers are as follows: A. The Bidder is not licensed to perform the required work outlined within the ITB. B. If the Bidder demonstrates that they cannot or have not performed the required work outlined within the ITB. C. Not being eligible to submit a bid due to violations listed under “Public Entity Crimes. D. As a part of the Bid evaluation process, the City may conduct a background investigation including a criminal record check of Responding firm’s officers and/or employees, by the Boynton Beach Police Department. Responding firm’s submission of a bid constitutes acknowledgement of and consent to such investigation. City shall be the sole judge in determining Responding firm’s qualifications. 1.28 NO SUBMITTAL 1.28.1 A NO SUBMITTAL response can be submitted online through bids&tenders the e- procurement system. 1.29 INTERPRETATIONS/CONE OF SILENCE/LOBBYING 1.29.1 Consistent with the requirements of Chapter 2, Article VIII, Lobbyist Registration, of the Palm Beach County Code of Ordinances, Boynton Beach imposes a Cone of Silence. 1.29.2 A cone of silence shall be imposed upon each competitive solicitation as of the deadline to submit the bid or other response and shall remain in effect until the City 388 City of Boynton Beach Purchasing Division 25-078B Pioneer Canal Park Boat Ramp and Driveway Reconfiguration Project 22 Commission awards or approves a contract, rejects all responses, or otherwise takes action that ends the solicitation process. 1.29.3 While the cone of silence is in effect, no Proposer or its agent shall directly or indirectly communicate with any member of City Commission or their staff, the Manager, any employee of Boynton Beach authorized to act on behalf of Boynton Beach in relation to the award of a particular contract or member of the Selection Committee in reference to the solicitation, with the exception of the Purchasing Manager or designee. (Section 2-355 of the Palm Beach County Code of Ordinances.) 1.29.4 Failure to abide by this provision may serve as grounds for disqualification for the award of contract to the Proposer. Further, any contract entered into in violation of the cone of silence shall render the transaction voidable. 1.29.5 The cone of silence shall not apply to oral communications at any public proceeding, including pre-proposal conferences, oral presentations before Selection Committees, contract negotiations during any public meeting, presentations made to the City Commission, and protest hearings. 1.29.6 Further, the cone of silence shall not apply to contract negotiations between any employee and the intended awardee, any dispute resolution process following the filing of a protest between the person filing the protest and any employee, or any written correspondence with Boynton Beach as may be permitted by the competitive solicitation. Additionally, the cone of silence shall not apply to any purchases made in an amount less than the competitive solicitation threshold set forth in the Purchasing Manual. 1.29.7 To ensure fair consideration for all Bidders, the City prohibits communication to or with any department, officer, or employee during the solicitation process as described in the Cone of Silence except as otherwise specified. 1.29.8 If the Bidder should be in doubt as to the meaning of any of the solicitation documents or believes that the plans and/or specifications contain errors, contradictions, or reflect omissions, the Bidder shall direct questions to the Purchasing representative through the e-procurement solicitation system only by clicking on the “Submit a Question” button for this Bid, no later than ten (10) days prior to the solicitation deadline. 1.30 TRADE SECRET 1.30.1 Any language contained in the Bidder’s submission purporting to require confidentiality of any portion of the Bid, except to the extent that certain information is, in the City’s opinion, a Trade Secret pursuant to Florida law, shall be void. 1.30.2 If a Bidder submits any documents or other information to the City that the Bidder claims are Trade Secret information and exempt from Florida Statutes Chapter 119.07 (Public Records Laws), the Bidder shall clearly designate that it is a Trade Secret and that it is asserting that the document or information is exempt. 1.30.3 The Bidder must specifically identify the exemption being claimed under Florida Statutes 119.07. 1.30.4 The City shall be the final arbiter of whether any information contained in the Bidder’s bid constitutes a Trade Secret. 1.30.5 The City’s determination of whether an exemption applies shall be final, and the Bidder agrees to defend, indemnify, and hold harmless the City its officers, employees, volunteers, and agents, against any loss or damages incurred by any person or entity as a result of the City’s treatment of records as public records. Bids purporting to be subject to copyright protection in full or in part will be rejected. 389 City of Boynton Beach Purchasing Division 25-078B Pioneer Canal Park Boat Ramp and Driveway Reconfiguration Project 23 1.30.6 EXCEPT FOR CLEARLY MARKED PORTIONS THAT ARE BONA FIDE TRADE SECRETS PURSUANT TO FLORIDA LAW, DO NOT MARK YOUR BID AS PROPRIETARY OR CONFIDENTIAL. DO NOT MARK YOUR BID OR ANY PART THEREOF AS COPYRIGHTED. 1.31 WITHDRAWAL OF BID 1.31.1 Any Firm may, without prejudice to their self may withdraw their bid at any time prior to the expiration of the time during which bids may be submitted. 1.31.2 The request for withdrawal must be completed online at https://boynton- beach.bidsandtenders.org /Module/Tenders/en if requested prior to the bid opening date and time. 1.31.3 After the expiration of the period for receiving bids, no bid can be withdrawn or modified. 1.32 PROTEST PROCEDURE 1.32.1 Protest procedures are provided in the City of Boynton Beach Purchasing Policy. Protests shall be submitted in writing, addressed to the Purchasing Director, via hand delivery, or mail, along with a protest cash bond in an amount equal to 5% of the bid or $5,000, whichever is less. 1.32.2 The bond will be refunded to a protester if the protest is upheld. 1.32.3 The protest must identify the solicitation, specify the basis for the protest, and be received by the Purchasing Division within the deadlines as follows: A. If the protest relates to an Invitation to Bid, Request for Proposal, or Request for Qualifications, it must be received before the bid submittal deadline date. B. if the protest relates to any other matter relating to the bid, including, but not limited to, the intent to award an agreement/contract, the protest must be received no later than THREE (3) regular business days after the date of notification of the intent to award by a member of the purchasing staff. C. The intent to award an agreement begins the three-day timeline to protest. 1.32.4 Failure to file a protest as outlined in the City of Boynton Beach’s Purchasing Policy shall constitute a waiver of proceedings. 1.33 CONFLICT OF INTEREST / GIFT POLICY 1.33.1 Through the Bid Submission, the Bidder represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in a manner with the performance of services required hereunder, as provided for in Chapter 112, Part III, Florida Statutes. 1.33.2 All Bidders shall disclose the name of any City employee or relative of a City employee who owns, directly or indirectly, an interest of ten percent (10%) or more in the Bidder’s firm or any of its branches. A. CONFLICT OF INTEREST: No employee, officer, or agent of the City may participate in the selection, award, or administration of a contract supported by a federal award if he or she has a real or apparent conflict of interest. Such a conflict of interest would arise when the employee, officer, agent, any member of his or her immediate family, his or her partner, or an organization that employs or is about to employ any of the parties indicated herein, has a financial or other 390 City of Boynton Beach Purchasing Division 25-078B Pioneer Canal Park Boat Ramp and Driveway Reconfiguration Project 24 interest in or may receive a tangible personal benefit from a Bidder considered for a City contract. In addition, the Bidder shall disclose to City in writing all federal criminal law violations involving fraud, bribery, or gratuity that potentially affect the award of this solicitation Failure to make the required disclosures can result in withheld payments, award termination, suspension, or debarment of the Bidder. B. ORGANIZATIONAL CONFLICT OF INTEREST: The Bidder shall not have activities or relationships I. causing the Bidder to be unable, or potentially unable, to render impartial assistance or advice to the City; II. impairing the Bidder's objectivity in performing the contract work; or III. resulting in an unfair competitive advantage. 1.34 GIFT POLICY 1.34.1 No Bidder who is a party to, or receives a benefit from, this agreement/contract shall offer a gratuity, favor, or anything of monetary value to any officer, employee, or agent of the City. 1.34.2 Further, no officer, employee, or agent of the City shall solicit or accept a gratuity, favor, or anything of monetary value from a Bidder who is a party to, or receives a benefit from, this agreement/contract. 1.35 CONFIRMATION OF MINORITY-OWNED BUSINESS 1.35.1 It is the desire of the City of Boynton Beach to increase the participation of minority- owned businesses in its contracting and procurement programs. While the City does not have any preference or set-aside programs in place, it is committed to a policy of equitable participation for these firms. Therefore, each Bidder shall complete the Confirmation of Minority-Owned Business Form and shall submit the form with its submission. 1.36 AWARD OF CONTRACT 1.36.1 The City intends to award this bid to the lowest responsible and responsive responding bidder. 1.36.2 The City reserves the right to accept or reject any or all bids and waive any informality concerning the Invitation to Bid when such rejection or waiver is deemed to be in the City's best interest. 1.36.3 The City reserves the right to award the ITB on a split order basis, lump sum, or individual item basis unless otherwise stated, whichever is in the City's best interest. 1.36.4 In no case will the award be made until all necessary investigations have been made into the Bidder's responsibility and the City is satisfied that the most qualified, responsive, responsible Bidder is qualified to do the work and has the necessary organization, licenses, permits, capital, and equipment to carry out the required work within the time specified. 1.37 SAMPLE DRAFT AGREEMENT 1.37.1 This Invitation to Bid for review contains a sample draft agreement the City intends to execute with the successful firm(s). 1.37.2 Any exceptions taken to the terms and conditions of the City’s agreement shall be considered a part of Bidder’s solicitation response and will be considered by the City in its evaluation. 391 City of Boynton Beach Purchasing Division 25-078B Pioneer Canal Park Boat Ramp and Driveway Reconfiguration Project 25 1.37.3 Any exception not specifically stated is deemed waived. 1.37.4 Submission of any exceptions to the agreement does not denote acceptance by the City. 1.37.5 Furthermore, taking exceptions to the City’s terms and conditions may be viewed unfavorably by the City and ultimately may impact the overall evaluation of a bidder’s submittal. 1.37.6 The City reserves the right to modify the contract language prior to execution following the selection of the lowest responsive and responsible bidder. 1.38 SIGNING OF CONTRACT 1.38.1 If the construction project is over $200K, the intent to award the ITB must be presented to the City Commission for approval. 1.38.2 The City will request the upfront signing from the Successful Bidder of the Contract before placing the item for approval on the commission agenda. 1.38.3 The Successful Bidder should sign and deliver the Contract to the city with the required insurance certificates. 1.38.4 After the contract is fully executed by the City, the Contractor shall be responsible for obtaining the payment and performance bonds as outlined below (if applicable) per Florida Statute 255.05 and return two certified copies to the City. 1.39 PAYMENT AND PERFORMANCE BOND 1.39.1 Upon award of the Contract, Payment and Performance Bonds in the total amount submitted for this ITB will be required within (15) calendar days of award and shall continue in effect until contract expiration. Such bonds shall continue for the full term of the Agreement. 1.39.2 Pursuant to the requirements of Chapter 255.05 (1) (b), Florida Statutes, the Contractor shall ensure that the Performance and Payment Bond or Bonds referenced above shall be recorded in the Public Records of Palm Beach County at the Bidder’s expense. 1.39.3 Proof of recording must be submitted to the City prior to issuance of any purchase order or payment by the City. One (1) set of original Performance and Payment Bond documents is required to be provided to the City prior to the issuance of any Notice to Proceed by the City. 1.39.4 NOTE: Each Bond shall consist of anywhere from 10 to 12 pages, totaling around 22 pages for both the Payment and Performance Bond. 1.39.5 This may cost up to $200.00, depending on the project. 1.39.6 The fee to record this bid with the county shall be included in the bid tabulation form. For more information regarding the process of recording the bid with Pam Beach County, contact Palm Beach County Clerk’s Office at www.mypalmbeachclerk.com. 1.39.7 Payment and Performance Bonds must be submitted on City forms that will be provided to the Contractor. 1.39.8 *All bonds – Performance, Payment, and Warranty Bonds, shall meet the City’s ratings. 1.40 ON PUBLIC ENTITY CRIMES CONVICTED VENDOR LIST 1.40.1 All Invitation To Bid as defined by Section 287.012(16), Florida Statutes, and any contract document described by Section 287.058, Florida Statutes, shall contain a statement informing persons of the provisions of paragraph (2)(a) of Section 287.133, Florida Statutes, which reads as follows “A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity 392 City of Boynton Beach Purchasing Division 25-078B Pioneer Canal Park Boat Ramp and Driveway Reconfiguration Project 26 crime may not submit a proposal on a contract or provide any goods or services to a 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 proposals on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, vendor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list”. 1.41 BUSINESS INFORMATION – JOINT VENTURE 1.41.1 If a bidding firm is a Joint Venture for the goods/services described herein, the Bidder shall, upon request of the City, provide a copy of the Joint Venture Agreement signed by all parties. 1.42 PROHIBITION AGAINST CONSIDERING SOCIAL, POLITICAL, OR IDEOLOGICAL INTERESTS IN GOVERNMENT CONTRACTING 1.42.1 Bidders are hereby notified of the provisions of section 287.05701, Florida Statutes, as amended, that the City will not request documentation of or consider a Bidder's social, political, or ideological interests when determining if the Bidder is a responsible Contractor. Proposers are further notified that the City's governing body may not give preference to a Proposer based on the Proposer's social, political, or ideological interests. THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY 393 City of Boynton Beach Purchasing Division 25-078B Pioneer Canal Park Boat Ramp and Driveway Reconfiguration Project 27 SECTION II – SPECIAL CONDITIONS _______________________________________________ ITB No: 25-078B PIONEER CANAL PARK BOAT RAMP and DRIVEWAY RECONFIGURATION PROJECT PUBLIC WORK CONSTRUCTION PROJECT (CONTRACTOR) NOTE: Upon final award of any Agreement as a result of this solicitation, the successful firm or individual receiving the award shall become the Contractor and shall be responsible for complying with the requirements enumerated in these Special Conditions. 2.1 HISTORY AND BACKGROUND OF THE CITY OF BOYNTON BEACH The City of Boynton Beach covers an area of approximately 16.5 square miles and is home to approximately 80,000 residents. The city's government operates under a Council- Manager system, with the City Commission as the legislative body. The Commission consists of five elected commissioners, including the mayor, who is chosen from among the commissioners. Each commissioner serves a four-year term and represents the community's interests in the policymaking process. Though the Mayor presides over Commission meetings, their powers largely align with those of the other commissioners. Boynton Beach offers its residents a wide range of essential services, including law enforcement, emergency medical services, fire protection, water and sewer utilities, library services, refuse collection, a municipal golf course, and various parks and recreational facilities. Incorporated in 1920, Boynton Beach operates under the Commission-Manager form of government. 2.2 PURPOSE OF PROJECT The purpose of this project is to reconfigure existing boat ramps and docks and the reconfiguration and resurfacing of the existing driveway / parking as well as landscaping and concrete sidewalks. 2.3 SCOPE AND DESCRIPTION OF WORK The scope of this project generally consists of reconfiguration of the existing boat ramps, docks and existing driveways and parking area at Pioneer Canal Park. This also includes associated demolition, structural, and other miscellaneous work as captured in the documents. This work also includes but is not limited to: 1. Removal of existing concrete piles, wooden dock, concrete ramp, landscaping, asphalt, etc. as necessary to accommodate new work. 2. Installation of new work (wood support piles, fixed wood dock, pre- engineered pre- cast boat ramp, concrete sidewalks, new asphalt, , etc. as covered in the documents. 3. Contractor(s) shall provide and pay for all labor, materials, equipment, tools, construction equipment and machinery, transportation, water, heat, utilities, and temporary facilities necessary for the proper execution and completion of work. 4. The contractor shall visit the premises and thoroughly familiarize himself with all details of the work and working conditions. All dimensions shall be field verified and the general contractor shall advise the architect of any discrepancies before performing the work. 394 City of Boynton Beach Purchasing Division 25-078B Pioneer Canal Park Boat Ramp and Driveway Reconfiguration Project 28 5. The contractor shall perform all work required under this contract for a complete project including all appurtenances associated with this project. 6. The general contractor shall prepare shop drawings for the each of the designated items, prior to purchasing, delivering or installation of the items as listed herein. 2.4 GENERAL REQUIREMENTS The Contractor shall furnish all labor, tools, equipment, materials, supplies, manufactured articles, furnishing all transportation and services, including fuel, power, water, essential communications, etc., as necessary to complete the project, as indicated in the Special Conditions, Special Provisions, Project Design Plans, Technical Specifications and Bid No. PWE25-078B as may be included in documents herein, along with all engineering, shop drawings, and other documentation necessary to obtain all applicable permits and all bonds, securities, licenses, and insurance to complete the project as specified herein and within the Project Design Plans. All proposed improvements shall be completed in accordance with the project bid documents, design plans, details, technical specifications/scope of work, and all applicable federal, state, county, and local regulatory requirements. 2.5 LICENSES To be eligible for award of this project, the Bidder must possess at time of bid opening, one of the following State Certified and/or County Competency licenses or any license that can meet, exceed, or legally perform the scope of work will be acceptable, as determined by state or county licensing agency. State: Certified General Contractor License, defined by F.S. 489.105 3a, with at least five (5) years of verifiable full-time successful experience having performed a minimum of three (3) municipal projects of similar size, nature, and scope or State: Certified Building Contractor License: Contractor with at least five (5) years of verifiable full-time, successful experience having performed a minimum of three (3) projects of similar size, nature and scope. The occupational license must be in effect as required by Florida Statute §205.065. When the successful Contractor is performing work in other locations outside of Palm Beach County or the State of Florida, Contractor shall be subject to the requirements for all appropriate local jurisdictions. 2.6 PROJECT TIMELINE Project substantial completion shall be within One Hundred and Fifty Days (150) calendar days from Contractor’s receipt of City’s Notice to Proceed. Final Completion shall be THIRTY (30) calendar days from date of substantial completion totaling One Hundred Eighty (180) calendar days. 2.7 ENGINEERS ESTIMATE The project estimate is NINE HUNDRED THREE THOUSAND, SIXTY-SIX DOLLARS AND ZERO CENTS ($903,066.00). 395 City of Boynton Beach Purchasing Division 25-078B Pioneer Canal Park Boat Ramp and Driveway Reconfiguration Project 29 2.8 LIQUIDATED DAMAGES Because of the importance of this project being finished on time, upon failure of the Contractor to complete each individual requirement within the specified and mutually agreed upon time frame (plus approved extensions, if any) the Contractor shall pay to the City the sum of Five Hundred Dollars ($500.00) for each calendar day after the time specified for Substantial Completion and the project is sufficiently complete for its intended use in accordance with the Contract Documents, void of any safety concerns. In the event of a delay in completion beyond the time frame set forth in the Contract Documents for Final Completion, after Substantial completion has been obtained, liquidated damages will be assessed against the Contractor in the amount of Two Hundred Fifty Dollars and Zero Cents ($250.00). for each calendar day beyond the time frame set in the Contract Documents until such work is completed and ready for final payment. This amount is not a penalty but liquated damages to the City. Liquidated damages are hereby fixed and agreed upon between the parties, recognizing the impossibility of precisely ascertaining the amount of damages that will be sustained by the City because of such delay, and both parties desiring to obviate any question of dispute concerning the amount of said damages and the cost and effect of the failure of the Contractor to complete the Contract on time. The City shall have the right to deduct from and retain out moneys which may be due, or which may become due and payable to Contractor. If the amount deducted and/or retained by the City is insufficient to pay in full such liquidated damages, Contractor shall pay in full such liquidated damages. Contractor shall also be responsible for reimbursing the City the total of all monies paid by the City to the engineer for additional engineering, inspection and administrative services until the work is complete. 2.9 ENUMERATION OF PRECEDENCE OF BID DOCUMENTS If any portion of the Bid Documents contained herein appear to be in conflict with any other portion, the various documents comprising the Contract Documents shall govern in the following order of precedence: 1. Fully Executed Agreement 2. Technical Drawings or Specifications which may be referenced as an Exhibit or Attachment 3. The Scope of Work / The Specifications 4. The Special Provisions 5. The Special Conditions 6. The Instructions to Bidders 7. General Terms and Conditions As for conflicts between schedules and information provided on Drawings, the schedules shall govern; as for conflicts between figures given on Drawings and the scale measurements, the figures shall govern; as for conflicts between large-scale drawings and small-scale drawings, the larger scale drawings shall govern. 2.10 INTENT It is the intent of the Contract Documents to describe a functionally complete Project in accordance with the Plans and Specifications. Any Work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result will be supplied whether or not specifically called for. When words that 396 City of Boynton Beach Purchasing Division 25-078B Pioneer Canal Park Boat Ramp and Driveway Reconfiguration Project 30 have a well-known technical or trade meaning are used to describe Work, materials or equipment such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association, or to the laws or regulations of any governmental authority, whether such reference be specific or by implications, shall mean the latest standard specification, manual, code or laws or regulations in effect at the time of contract award, except as may be otherwise specifically stated. However, no provision of any referenced standard specification, manual or code (whether or not specifically incorporated by reference in the Contract Documents) shall be effective to change the duties and responsibilities of the City, the Contractor, or any of their consultants, agents or employees from those set forth in the Contract Documents. 2.11 PERFORMANCE, PAYMENT AND WARRANTY BONDS 2.11.1 If stated on the cover page, the City may request within fifteen (15) calendar days after contract award, but in any event prior to commencing work, the Successful Bidder shall execute and furnish the CITY a Performance Bond and Payment Bond, each written by a corporate surety, having a resident agent in the State of Florida and having been in business with a record of successful continuous operation for at least five (5) years. The surety shall hold a current certificate of authority from the Secretary of Treasury of the United States as an acceptable surety on federal bonds in accordance with United States Department of Treasury Circular No. 570. The Contractor shall be required to provide acceptable, separate Performance and Payment Bonds in the amount of One Hundred Percent (100%) of the bid award. The Performance Bond shall be conditioned that the Successful Bidder performs the contract in the time and manner prescribed in the contract; and each bond shall be properly recorded with Palm Beach County. (As stated below) 2.11.2 The Payment Bond shall be conditioned that the Successful Bidder promptly make payments to all persons who supply the Successful Bidder in the prosecution of the work provided for in the contract and shall provide that the surety shall pay the same in the amount not exceeding the sum provided in such bonds, together with interest at the maximum rate allowed by law and that they shall indemnify and hold harmless the CITY to the extent of any and all payments in connection with the carrying out of said contract which the CITY may be required to make under the law. 2.11.3 Such bonds shall continue in effect for one (1) year after final payment becomes due except as otherwise provided by law or regulation or by the Contract Documents, with the final sum of said bonds reduced after final payment to an amount equal to twenty-five percent (25%) of the Contract price, or an additional bond shall be conditioned that the Successful Bidder correct any defective of faulty work or material which appear within one (1) year after final completion of the Contract, upon notification by CITY. The Warranty Bond shall cover the cost of labor as well as materials. 2.11.4 Per the requirements of Chapter 255.05 (1) (b), Florida Statutes, the Contractor shall ensure that the Bond or Bonds referenced above shall be recorded in the public records of Palm Beach County. Proof of recording must be submitted to the 397 City of Boynton Beach Purchasing Division 25-078B Pioneer Canal Park Boat Ramp and Driveway Reconfiguration Project 31 City prior to issuance of a purchase order. One (1) set of original Performance and Payment Bond documents is required to be provided to the City prior to the issuance of any Notice to Proceed by the City. 2.12 SUBMITTALS Contractor shall submit all required forms and documents as required by this contract including but not limited to bonds, insurance certificates and any required drawings within 15 days from the Award. Additionally, Contractor shall apply for all applicable licenses or permits within 15 days of the Notice to Proceed. 2.13 ASSIGNMENT OF CONTRACT Neither this contract, nor any portion thereof, shall be assigned, except by formal approval of the Boynton Beach City Commission. No such approval will be construed as making the City a part of or to such assignment or subjecting the City to liability of any kind to any assignee. No subcontract or assignment shall, under any circumstances, relieve the Contractor of its liability and obligation under this contract, and despite any such assignment, the City shall deal directly through the Contractor only. However, if the company is sold during the life of the contract, the buying agent must provide the City with a letter signed by an officer of the new owner that can legally bind the company, stating that the firm will continue to perform the requirements of the contract under all the terms, conditions, and specifications so stated in the contract. 2.14 INSURANCE REQUIREMENTS If a Consultant is providing a service under this Agreement, then the Consultant shall, at its sole expense, always maintain in full force and effect during the life of this Agreement, insurance coverages, and limits (including endorsements), as required by the City. These requirements shall not in any manner limit or qualify the liabilities and obligations assumed by the Consultant under this Agreement. All coverages shall be provided on a primary basis with the City endorsed as an Additional Insured as follows: "The City of Boynton Beach". The Consultant shall provide the City with a Certificate of Insurance evidencing such coverages prior to the commencement of any services and within a time frame specified by the City (normally within 2 working days after request). Failure to maintain the required insurance shall be considered a default of the Agreement. It shall be the responsibility of the Consultant to maintain workers’ compensation insurance, professional liability, property damage liability insurance, and vehicular liability insurance; during the time any of his/her personnel are working on City of Boynton Beach property. Loss by fire or any other cause shall be the responsibility of the Consultant until such time as the items and/or work have been accepted by the City. The Consultant shall furnish the City with a certificate of insurance after award has been made prior to the start of any work on City property. Said insured companies must be authorized to do business in the State of Florida and the City will not accept any company that has a rating less than B+ in accordance with A.M. Best’s Key Rating Guide, latest edition. 2.15 TERMINATION The City, by written notice, may terminate in whole or in part any Agreement resulting from this ITB when such action is in the best interest of the City. 398 City of Boynton Beach Purchasing Division 25-078B Pioneer Canal Park Boat Ramp and Driveway Reconfiguration Project 32 If the Agreements(s) are so terminated the City shall be liable for only payment for services rendered prior to the effective date of termination. Services rendered will be interpreted to include costs of items already delivered plus reasonable costs of supply actions short of delivery. 2.15.1 DEFAULT AND TERMINATION FOR CAUSE: The City may, by written notice of default to the Consultant, terminate the Agreement in whole or in part if the Consultant fails to satisfactorily perform any provisions of this Agreement, or fails to make progress so as to endanger performance under the terms and conditions of this Agreement, or provides repeated nonperformance, or does not remedy such failure within a period of 30 calendar days after receipt of notice from the City of Boynton Beach specifying such failure. In the event the City terminates the Agreement in whole or in part because of default of the Consultant, the City may procure goods and/or services similar to those terminated, and the Consultant shall be liable for any excess costs incurred due to this action. If it is determined that the Consultant was not in default or that the default was excusable (e.g., failure due to causes beyond the control of, or without the fault or negligence of, the Consultant), the rights and obligations of the parties shall be those provided in Section "Termination for Convenience". 2.15.2 TERMINATION FOR CONVENIENCE OF CITY Whenever the interests of the City so require, terminate the Agreement, in whole or in part, for the convenience of the City. Purchasing shall give fourteen (14) business days prior written notice of termination to the Consultant, specifying the portions of the Agreement to be terminated and when the termination is to become effective. If only portions of the Agreement are terminated, the Consultant has the right to withdraw, without adverse action, from the entire Agreement. Unless directed differently in the notice of termination, the Consultant shall incur no further obligations in connection with the terminated work and shall stop work to the extent specified and, on the date, given in the notice of termination. Additionally, unless directed differently, the Consultant shall terminate outstanding orders and/or subcontracts related to the terminated work. Contractor shall indemnify the City against loss pertaining to this termination. 2.15.3 REMEDIES: No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder now or hereafter existing at law, or in equity, by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. 2.15.4 FUNDING OUT This result of this Agreement shall remain in full force and effect only if the expenditures provided for in the Agreement have been appropriated by the City Commission of the City of Boynton Beach in the annual budget for each fiscal year of this Agreement and is subject to termination based on lack of funding. 399 City of Boynton Beach Purchasing Division 25-078B Pioneer Canal Park Boat Ramp and Driveway Reconfiguration Project 33 2.16 DIRECT OWNER PURCHASES The City reserves the right to issue purchase orders for materials to either the Contractor or the City’s suppliers for contracts/construction/public works-related materials when deemed in the City's best interest. 2.17 CONTRACTOR’S RESPONSIBILITY Contractor shall provide sufficient manpower to perform work safely and expeditiously with all equipment plainly marked with the company name. All equipment provided pursuant to this agreement shall be in good and proper working order. No work shall be performed before 8:00 AM. Exceptions to this schedule may only be made with the City's prior written approval. The Contractor shall provide a qualified, English speaking superintendent present on the site always, as a fully authorized agent of the Contractor, and capable of making on-site decisions. The Contractor shall be responsible for removing from the job site and properly disposing of all residues at the end of each workday. Any materials or equipment left on site shall be secured by the Contractor, who is fully and totally responsible for security. Loss of materials or equipment due to theft, vandalism, etc. shall be the Contractor's responsibility. Any material left on site overnight shall be properly marked and identified to ensure public safety. 2.18 DAMAGE TO PUBLIC AND/OR PRIVATE PROPERTY Extreme care shall be taken to safeguard all existing facilities, infrastructures, site amenities, utilities, finishes, irrigation systems, structures, equipment, vehicles, etc., on or around the job site. Damage to public and/or private property shall be the responsibility of the Contractor and shall be repaired and/or replaced in equal or better condition at no additional cost to the City. The Contractor shall use all means to protect existing objects, structures and vegetation designated to remain. In the event of damage, immediately make all repairs, replacements and dressings to damaged materials, to the approval of the City, at no additional cost to the City. In the event of damage to public and/or private property, the Contractor shall immediately contact the assigned Project Manager and inform the appropriate staff member about the location and extent of the damages. 2.19 PERMITS AND LICENSES The successful Proposer shall be responsible for securing all necessary City, County, State, Federal or other permits as may apply for this project. Proposer shall submit copies of all permits to City. 2.20 SITE INSPECTION – CITY All work will be conducted under the general direction of the Public Works Department and Building Department of the City of Boynton Beach and is subject to inspection by the appointed inspectors to ensure compliance with the terms of the contract. No inspector is authorized to change any provision of the specifications without written authorization from the aforementioned agencies nor shall the presence or absence of an inspector relieve the Contractor from any requirements of the contract. 2.21 WAIVER OF LIENS Prior to Final Payment of the Contract Sum, a final waiver of lien shall be submitted by all suppliers, subcontractors, and/or Contractors who worked on the project that is subject of 400 City of Boynton Beach Purchasing Division 25-078B Pioneer Canal Park Boat Ramp and Driveway Reconfiguration Project 34 the Agreement. Payment of the invoice and acceptance of such payment by the Contractor shall release the CITY from all claims of liability to the Contractor about the Agreement. 2.22 PAYMENT Payment will be made monthly for work that has been completed, inspected and properly invoiced. A retainage of five percent (5%) will be deducted from each monthly payment through project completion, upon City review and approval. Retainage monies will be released upon satisfactory completion and final inspection of the specific work order. Invoices must bear the bid number, project name, project number, and purchase order number. The City has up to twenty-five (25) business days to review, approve and pay all invoices after receipt of an approved invoice. The Contractor shall invoice the City and provide a written request to the City to commence the one-year warranty period following the completion of all work, inspections, certificates of approvals, punch lists, etc., in accordance with the Contract Documents. All necessary Release of Liens and Affidavits shall be processed before the warranty period. All payments shall be governed by the Florida Prompt Payment Act, F.S., Part VII, Chapter 218. 2.23 CONTRACT DOCUMENTS The contract documents shall consist of the Standard Form of Agreement, Bid Proposal (including all associated attachments, exhibits, appendices, etc.) executed and submitted by the Contractor, plans and specifications (where applicable), any addenda or bond(s), insurance certificate(s), and the City’s Resolution awarding the bid. Any change orders which may be issued after the award of the contract. All documentation MUST be uploaded to the City’s website. 2.24 CHANGE ORDERS Without invalidating the contract, without any monetary compensation, and without notice to any surety, the City reserves and shall have the right to make increases, decreases or other changes to the work as may be considered necessary or desirable to complete the proposed construction in a satisfactory manner. The Contractor shall not start work pursuant to the change order until such change order setting forth the adjustments is approved by the City and executed by the City and Contractor. Once the change order is so approved, the Contractor shall promptly proceed with the work. 2.25 CHANGES TO SCOPE AND ADDITIONAL SERVICES CITY or CONTRACTOR may, from time to time, request changes that would increase, decrease, or otherwise modify the scope of services, as described in the specifications, to be provided under this Agreement subject to the requirements. Such changes or additional work must be in accordance with the provisions of the CITY’s Code of Ordinances, and must be contained in a written amendment, executed by the Parties hereto, with the same formality, equality and dignity herewith prior to any deviation from the terms of this Agreement, including the initiation of any additional or extra work. CONTRACTOR shall continue to render services while seeking a change order unless such services have not been authorized herein, by written amendment, or change order. Services to be performed while seeking a change order which have not been described herein or in a separate written amendment or change order shall be performed at the 401 City of Boynton Beach Purchasing Division 25-078B Pioneer Canal Park Boat Ramp and Driveway Reconfiguration Project 35 CONTRACTOR’S own risk. In no event will the CONTRACTOR be compensated for any work which has not been described either herein or in a separate written amendment or change order. 2.26 CHANGES IN THE WORK/CONTRACT PRICE 2.26.1 CONTRACT PRICE The Contract Price constitutes total compensation (subject to authorized adjustments, if applicable) payable to the Contractor for performing the work. All duties, responsibilities and obligations assigned to or undertaken by the Contractor shall be at his expense without change in the Contract Price or Time except as approved in writing by the Project Manager. 2.26.2 CHANGE ORDER The Contract Price and/or Time may only be changed by a Change Order. A fully executed change order for any extra work must exist before such extra work is begun. Any claim for an increase or decrease in the Contract Price shall be based on written notice delivered by the party making the claim to the other party promptly (but in no event later than 15 calendar days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. The amount of the claim with supporting data shall be delivered (unless the Owner/Engineer/Project Manager allows an additional period to ascertain more accurate data in support of the claim) and shall be accompanied by claimant’s written statement that the amount claimed covers all known amounts to which the claimant is entitled because of the occurrence of said event. No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this Paragraph. 2.27 CHANGES IN CONTRACT TIME 2.27.1 CHANGE ORDER The Contract Time may only be changed by a Change Order. A fully executed change order must exist prior to extension of the contract time. 2.27.2 NOTICE Any claim for an increase or decrease in the Contract Time shall be based on written notice delivered by the party making the claim to the other party promptly (but in no event later than fifteen (15) calendar days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Contractor hereby agrees to waive rights to recover any lost time or incurred costs from delays unless Contractor has given the notice and the supporting data required by this Paragraph. 2.27.3 BASIS FOR EXTENSION Extensions of time shall be considered and will be based solely upon the effect of delays to the work as a whole. Extensions of time shall not be granted for delays to the work, unless the Contractor can clearly demonstrate that such delays did or will, in fact, delay the progress of work as a whole. Time extensions shall not be allowed for delays to parts of the work that are not on the critical path of the project schedule. Time extensions shall not be granted until all float or contingency time, at the time of delay, available to absorb specific delays and associated impacts is used. Extensions of time for delays due to Contractor’s inability to perform work in 402 City of Boynton Beach Purchasing Division 25-078B Pioneer Canal Park Boat Ramp and Driveway Reconfiguration Project 36 a timely manner, failure to properly coordinate work that causes adverse impact on the project schedule or negligence to properly sequence the work in a manner to meet all project obligations in accordance with the Contract Documents shall not be accepted. 2.28 CITY’S OPTION In the event satisfactory adjustment cannot be reached by the City and the Contractor for any item requiring a change in the contract, and a change order has not been issued, the City reserves the right at its sole option to terminate the contract or remove contract scope as it applies to those items in question and make such arrangements as the City deems necessary to complete the work. The City may recover from the Contractor as damages, the difference between the contract cost for the scope of work and actual cost to perform said work by the City, together with any incidental or consequential damages (including 10% markup) but less expenses saved in consequence of the Contractor’s breach. The cost of any work covered by a change order for an increase or decrease in the contract price shall be determined by mutual acceptance of a lump sum by the City and Contractor. If notice of any change in the contract or contract time is required to be given to a surety by the provisions of the bond, the giving of such notice shall be the Contractor’s responsibility, and the amount of each applicable bond shall be adjusted accordingly. The Contractor shall furnish proof of such adjustment to the City. Failure of the Contractor to obtain such approval from the Surety may be a basis for termination of this Contract by the City. 2.29 LOCATION OF EXISTING UTILITIES 2.29.1 Existing GIS Utility map / Record Drawings (As-Builts) utilities may be requested or shown on the drawings. Such information is shown for design and/or general location purposes only, as the City does not guarantee any type of accuracy, completeness or date of data, as this data offered should not be considered a replacement for any due diligence (survey, location or placement of any utilities, determination of flood zones, land use, zoning, or as a description of property or property ownership) that is required by the Contractor. Prior to commencement of construction, the Contractor is responsible for locating existing city utilities affected by the construction in the field. Such utilities include but are not limited to water mains, force mains, gravity sewers, pump stations, storm sewers, public utilities, electrical, mechanical, plumbing and drain systems. The City will provide to the Contractor available construction drawings for locating existing city utilities. However, the City cannot guarantee the accuracy of drawings or any information related to existing utilities and the City will not assume responsibility or liability for damage resulting from the Contractor incorrectly locating existing utilities. 2.29.2 Damage to any of the City’s utilities incorrectly located by the Contractor or his agents shall be the responsibility of the Contractor and shall be repaired and or replaced to equal or better condition at the Contractor’s expense. 2.29.3 The Contractor shall also be liable for all damages and claims against or by the City arising in any way from damage or interference with such utilities. 403 City of Boynton Beach Purchasing Division 25-078B Pioneer Canal Park Boat Ramp and Driveway Reconfiguration Project 37 2.29.4 No additional compensation shall be allowed to the Contractor for any delays, inconvenience or damage sustained by him due to interference and/or incorrectly locating such utilities or appurtenances. 2.29.5 Numerous utilities not owned by the City exist within the project area that may or may not have been depicted on the drawings. The Contractor shall exercise care in digging and other work so as to not damage existing utilities including overhead utilities and underground cables and pipes. The Contractor is also responsible for contacting the Sunshine State One Call Center of Florida (Sunshine) at 1-800-432- 4770 to determine location of underground utilities. Calls to Sunshine must be made at least 48 hours before digging but not more than five (5) days prior. Contractor is responsible for renewing locates if job extends beyond marking period established by Sunshine. Any utility in the vicinity that is not a member of the Sunshine Service must be notified directly. 2.29.6 Should any underground obstructions be encountered that interfere with the work, the City shall be notified at once. The Contractor shall be responsible for the immediate repair of any damage caused by the work and shall be responsible for any disruption of service caused by this damage. 2.30 CONFLICT WITH EXISTING UTILITIES Upon completion of locating existing utilities affected by the proposed construction by the Contractor, and prior to commencement of construction, the Contractor shall examine the alignment of proposed work to be constructed and identify any conflicts with existing utilities. If such conflicts exist, the Contractor shall undertake accurate surveys to determine elevations of utilities and shall notify the Engineer/Project Manager in writing seven (7) working days prior to the scheduled construction. The Engineer/Project Manager may revise the proposed design or recommend ways and means to avoid such conflicts. The Contractor may re-schedule his work so that the construction can be completed on time. No claim for down times by the Contractor shall be allowed. 2.31 CONTINGENCY FUNDING ALL CONTINGENCY SUMS ARE CITY’S CONTINGENCY AND REMAIN THE CITY'S PROPERTY UNTIL EXPENSE IS APPROVED. The contract price shall not include any contingency amounts. If the Contract or schedule of bid prices includes an agreed sum as a contingency, such amount is identified solely for budget purposes and remains the City’s funds. The City may approve the use of contingency funds only for the purpose of defraying the expenses due to unforeseen conditions, extra work, and circumstances relating to construction unless otherwise agreed. Such contingency funds are not for use by the Contractor to cover shortfalls in the Contractor’s bid amount and not for use by the City to increase the scope of work. The Contractor shall obtain prior written approval from City prior to the expenditure of contingency funds, and Contractor will be required to furnish documentation evidencing expenditures charged to contingency and/or allowances prior to the release of such funds by City. All uncommitted contingency funds shall remain the funds of City. 404 City of Boynton Beach Purchasing Division 25-078B Pioneer Canal Park Boat Ramp and Driveway Reconfiguration Project 38 2.32 GRANT FUNDED PROJECT This project is partially funded through a grant provided by the FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION. The awarded contractor shall comply with the requirements of the grant. The grant agreement is attached as Attachment A. THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY 405 City of Boynton Beach Purchasing Division 25-078B Pioneer Canal Park Boat Ramp and Driveway Reconfiguration Project 39 SECTION III – GENERAL TERMS AND CONDITIONS PIONEER CANAL PARK BOAT RAMP and DRIVEWAY RECONFIGURATION PROJECT PUBLIC WORK CONSTRUCTION PROJECT 25-078B Unless otherwise agreed to by the City of Boynton Beach (“City”), the following Standard Terms and Conditions are applicable to this solicitation and the resulting Agreement. The term “vendor,” as used below, may collectively apply to vendors, bidders, proposers, consultants, contractors, subcontractors, and subconsultants. Any and all special conditions in this ITB or any sample agreement document that may be in variance or conflict with these General Terms and Conditions shall have precedence over these General Terms and Conditions. If no changes or deletions to General Conditions are made in the Special Conditions, then the General Terms and Conditions shall prevail in their entirety. 3.1 FAMILIARITY AND COMPLIANCE WITH LAWS, LEGAL CONDITIONS CODES AND REGULATIONS: Before submitting a bid for this ITB, bidders shall familiarize themselves and comply with all federal, state, and local laws, including the hours of labor on municipal work in the State of Florida, the Charter of the City of Boynton, all ordinances, and regulations applicable to the services and project contemplated herein, including those applicable to conflict of interest and collusion. Bidders must familiarize themselves with all federal, state, and local laws, ordinances, codes, and regulations that may in any way affect the goods/services offered and any other applicable federal requirements now in effect or imposed in the future. Lack of knowledge by the Bidder shall not be a cause for relief from responsibility. 3.2 CONFLICT OF INTEREST The award is subject to all conflict-of-interest provisions of the City of Boynton Beach, Palm Beach County, of the State of Florida. 3.3 DISPUTES In case of any doubt or difference of opinion as to the items to be furnished hereunder, the decision of the City Manager shall be final and binding on both parties. 3.4 FEDERAL AND STATE TAX: The City of Boynton Beach is exempt from Federal and state taxes. 3.5 PURCHASE ORDER REQUIRED: The City will not accept any goods delivered or services performed unless a duly authorized purchase order has been issued for said goods and/or services. The purchase order number must appear on all invoices, packing slips, and all correspondence concerning the order. 3.6 COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH: The Proposer certifies that all material, equipment, etc., contained in this bid submission meets all O.S.H.A. requirements. Proposer further certifies that if awarded as the Consultant, and the material equipment, etc. delivered is subsequently found to be deficient in any O.S.H.A. requirement in effect on the date of delivery, all costs necessary to bring the materials, equipment, etc., into compliance with the aforementioned requirements shall be borne by the Proposer. Proposer certifies that all employees, subcontractors, agents, etc. shall comply with all O.S.H.A. and State safety regulations and requirements. 3.7 PALM BEACH COUNTY INSPECTOR GENERAL: The Bidder and, if awarded Contractor, is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of any Agreement resulting from this solicitation and, in furtherance thereof, may demand and obtain records and testimony from the Contractor and its sub- contractor and lower-tier sub-contractors. The Contractor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the Contractors or its sub-contractors or lower-tier sub-contractors to fully cooperate with the Inspector General when requested may be deemed by the municipality to be a 406 City of Boynton Beach Purchasing Division 25-078B Pioneer Canal Park Boat Ramp and Driveway Reconfiguration Project 40 material breach of this Agreement justifying its termination. 3.8 OTHER AGENCIES Any Agreement(s) resulting from this ITB and from this submitted bid may, upon mutual agreement, permit any municipality or other governmental agency to participate in the Agreement under the same prices, terms, and conditions if agreed to by both parties. It is understood that at no time will any city, county, municipality, or other agency be obligated to place an order for any other city, county, municipality, or agency, nor will any city, county municipality, or agency be obligated for any bills incurred by any other city, county, municipality, or agency. Further, it is understood that each agency will issue its own purchase order or contract to the awarded Bidder(s). 3.9 VENUE AND GOVERNING LAW: Any and all legal actions arising from or necessary to enforce this solicitation and resulting Agreement will be held exclusively in Palm Beach County and shall be interpreted according to the laws of Florida. 3.10 NON-DISCRIMINATION & EQUAL OPPORTUNITY EMPLOYMENT 3.10.1 The City is committed to assuring equal opportunity in awarding orders/contracts and complies with all laws prohibiting discrimination. 3.10.2 During the performance of the Agreement, the Consultant and its sub- consultants shall not discriminate against any employee or applicant for employment because of race, color, sex, including pregnancy, religion, age, national origin, ancestry, marital status, political affiliation, familial status, sexual orientation, gender identity, expression, or disability if qualified. 3.10.3 The Consultant will take affirmative action to ensure that employees and those of its sub-consultants are treated during employment, without regard to their race, color, sex, including pregnancy, religion, age, national origin, ancestry, marital status, political affiliation, familial status, sexual orientation, gender identity, expression, or disability if qualified. 3.10.4 Such actions must include, but not be limited to, the following: employment, promotion; demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. 3.10.5 The Consultant and its sub-consultants shall agree to post in conspicuous places, available to its employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. 3.10.6 The Consultant further agrees that they will ensure that all sub-consultants, if any, will be made aware of and will comply with this nondiscrimination clause. 3.10.7 The Consultant understands and agrees that a material violation of this section shall be considered a material breach of this solicitation and the resulting agreement/contract and may result in termination of the agreement/contract, disqualification, or debarment of the company from participating in City contracts, or other sanctions. 3.11 INDEPENDENT CONTRACTOR RELATIONSHIP: The Bidder and, if awarded Contractor, is, and shall be, in the performance of all work, services, and activities under this solicitation and the resulting Agreement, an independent Contractor and not an employee or agent of the City. All persons engaged in any of the work or services performed pursuant to the Agreement shall, at all times and in all places, be subject to the Contractor's sole direction, supervision, and control. The Contractor shall exercise control over the means and manner in which it and its employees perform the work, and in all respects, the Contractor’s relationship, and the relationship of its employees, to the City shall be that of an independent contractor and not as employees or agents of the City. 3.12 OMISSION OF DETAILS Omission of any essential details from the terms or specifications contained herein will not relieve the responding Contractor of supplying such product(s) or service as specified. 3.13 LEGAL EXPENSES: The City shall not be liable to a Bidder for any legal fees, court costs, or other legal expenses arising from the interpretation or enforcement of the Agreement, or any other matter generated by or relating to the Agreement. 3.14 NO THIRD-PARTY BENEFICIARIES: No provision of this ITB or agreement/contract to follow with a contractor is intended to, or 407 City of Boynton Beach Purchasing Division 25-078B Pioneer Canal Park Boat Ramp and Driveway Reconfiguration Project 41 shall be construed to, create any third-party beneficiary or to provide any rights to any person or entity not a party to the agreement/contract, including but not limited to any citizen or employees of the City and/or Bidder. 3.15 SCRUTINIZED COMPANIES: By submission of a bid submission for this solicitation, Consultant, its principals, or owners, certify that they are not listed on the Scrutinized Companies that Boycott Israel List, Scrutinized Companies with Activities in Sudan List, Scrutinized Companies with Activities in the Iran Terrorism Energy Sector List, or is engaged in business operations with Syria. In accordance with Section 287.135, Florida Statutes, as amended, a company is ineligible to, and may not, bid on, submit a bid for, or enter into or renew a contract with any agency or local governmental entity for goods or services of: Any amount of, at the time bidding on, submitting a bid for, or entering into or renewing such Agreement, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a boycott of Israel; or One million dollars or more if, at the time of bidding on, submitting a bid for, or entering into or renewing such Contract, the company: Is on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Terrorism Energy Sector List, created pursuant to Section 215.473, Florida Statutes, or is engaged in business operations in Syria. 3.16 NON-EXCLUSIVE As may be applicable, the City reserves the right to acquire some or all of these goods and services through a State of Florida contract pursuant to the City’s Procurement Policy, provided the State of Florida contract offers a lower price for the same goods and services. This reservation applies both to the initial award of this solicitation and to acquisition after an agreement/contract may be awarded. Additionally, the City reserves the right to award other agreements for goods and services falling within the scope of this solicitation and resultant Agreement when the specifications differ from this solicitation or resultant Agreement, or for goods and services specified in this solicitation when the scope substantially differs from this solicitation or resultant Agreement. 3.17 ENDORSEMENTS No endorsements by the City of the goods and/or services will be used by the Proposer in any way, manner, or form. This includes the City logo on websites or other advertising materials. 3.18 DRUG-FREE WORKPLACE The Contractor shall implement and maintain a drug-free workplace program of at least the following items: 3.18.1 Publish a statement notifying employees that 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. 3.18.2 Inform employees about the dangers of drug abuse in the workplace, the Bidder’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. 3.18.3 Give each employee engaged in providing the services that are under contract a copy of the statement specified in Item A above. 3.18.4 In the statement specified in Item A above, notify the employees that, as a condition of providing the services that are under contract, the employee will abide by the terms of the statement and will notify the Proposer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893, Florida Statutes, 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) calendar days after such conviction or plea. 3.18.5 Impose a sanction on or require satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee's community, for any employee who is so convicted or so pleads. 3.18.6 Make a good faith effort to continue to maintain a drug-free workplace through the implementation of Section 287.087, Florida Statutes 3.19 PROHIBITED TELECOMMUNICATIONS EQUIPMENT Bidder represents and certifies that Bidder and all Sub-contractors do not use any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system or as critical technology as part of any system, as such terms are used in 48 CFR §§ 52.204-24 408 City of Boynton Beach Purchasing Division 25-078B Pioneer Canal Park Boat Ramp and Driveway Reconfiguration Project 42 through 52.204-26. Proposer represents and certifies that Proposer and all Sub- consultants shall not provide or use such covered telecommunications equipment, system, or services during the Term. 3.20 RIGHTS IN DATA Except if otherwise agreed to in writing, the City shall have exclusive ownership of, all proprietary interest in, and the right to full and exclusive possession of all information, materials, and documents discovered or produced by Proposer pursuant to the terms of this solicitation, including but not limited to reports, memoranda or letters concerning the research and reporting tasks required. 3.21 DOCUMENTATION OF COSTS All costs submitted shall be supported by properly executed payrolls, time records, invoices, vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the resulting contract/agreement shall be clearly identified and regularly accessible and provided to the City upon request. 3.22 PUBLIC RECORDS Sealed documents received by the City in response to an Invitation to Bid are exempt from public records disclosure unless they are subject to Florida Statute 255.0518 until thirty (30) calendar days after the opening of the ITB unless the City announces intent to award sooner, in accordance with Florida Statutes 119.071. The Consultant agrees that copies of any and all property, work product, documentation, reports, computer systems and software, schedules, graphs, outlines, books, manuals, logs, files, deliverables, photographs, videos, tape recordings, or data relating to the Agreement which have been created as a part of the vendor's services or authorized by the City as a reimbursable expense, whether generated directly by the Consultant, or by or in conjunction or consultation with any other party whether or not a party to the Agreement, whether or not in privity of contract with the City or the Consultant, and wherever located shall be the property of the City. Any material submitted in response to this solicitation is considered a public document in accordance with Section 119.07, F.S. All submitted information that the responding Proposer believes to be confidential and exempt from disclosure (i.e., a trade secret or as provided for in Section 119.07, Chapter 688, and Section 812.081, F.S.) must be specifically identified as such. Upon receipt of a public records request for such information, a determination will be made as to whether the identified information is, in fact, confidential. The City is a public agency subject to Chapter 119, Florida Statutes. The Consultant shall comply with Florida’s Public Records Law. Specifically, the Consultant shall: A. Keep and maintain public records required by the City to perform the service. B. Upon request from the City’s custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Fla. Stat. or as otherwise provided by law. C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the Agreement, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Consultant transfers the records in its possession to the City; and D. Upon completion of the Agreement, the Contractor shall transfer to the City, at no cost to the City, all public records in the Contractor’s possession. All records stored electronically by the Contractor must be provided to the City, upon request from the City’s custodian of public records, in a format that is compatible with the information technology systems of the City. E. Failure of the Contractor to comply with the requirements of this Section and other applicable requirements of state or federal law shall be a material breach of the resulting Agreement. The City shall have the right to exercise all remedies available to it for breach of agreement/contract, including but not limited to the right to terminate for cause. 409 City of Boynton Beach Purchasing Division 25-078B Pioneer Canal Park Boat Ramp and Driveway Reconfiguration Project 43 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: CITY CLERK’S OFFICE 100 EAST OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33435 561-742-6060 CityClerk@bbfl.us 3.23 SOVEREIGN IMMUNITY Nothing contained herein is intended to serve as a waiver of sovereign immunity by the City or as a waiver of limits of liability or rights the City may have under the doctrine of sovereign immunity or under Section 768.28, Florida Statutes. THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY 410 City of Boynton Beach Purchasing Division 25-786B Pioneer Canal Park Boat Ramp and Driveway Reconfiguration Project 44 PIONEER CANAL PARK BOAT RAMP and DRIVEWAY RECONFIGURATION PROJECT PUBLIC WORK CONSTRUCTION PROJECT 25-078B SECTION IV – BID SCHEDULE FORM ITEM NO SC0125 SECTION DESCRIPTION EST QTY UNIT UNIT COST VALUE 01 GENERAL CONDITIONS 1 Indemnification 1 LS $25.00 $25.00 2 Mobilization/Demobilization, Bonds, Insurance and General Requirements, (including special inspections, contractor’s supervision, etc.) and As Built shall be limited to a maximum of six percent (6%) of the total bid price. 1 LS $_______ $________ TOTAL General Conditions 1 LS $25.00 02 EXISTING CONDITIONS & SITEWORK 1 Selective Demolition (concrete piles, wood dock, landscaping, asphalt, etc. see plans. 1 LS $0.00 2 Debris removal and dump fees 1 LS 3 Final Cleaning 1 LS TOTAL EXISTING CONDITIONS & SITE WORK 1 LS $0.00 03 CONCRETE 1 Precast ramps, cast in place conc., curbing, sidewalks, etc. see plans. 1 LS $0.00 2 Concrete cutting and coring, see plans. 1 LS TOTAL CONCRETE 1 LS $0.00 010 SPECIALTIES 1 Stationary wood dock 1 LS $0.00 2 Pressure-treated wood or composite decking 1 LS $0.00 3 Miscellaneous - Cleats, ladders, gangways, etc. 1 LS $0.00 4 Driven wood or concrete pilings 1 LS $0.00 TOTAL SPECIALTIES $0.00 31 EARTHWORK 1 General site excavation and finish grading 1 LS $0.00 2 Site Fill 1 LS $0.00 TOTAL EARTHWORK $0.00 411 City of Boynton Beach Purchasing Division 25-786B Pioneer Canal Park Boat Ramp and Driveway Reconfiguration Project 45 32 EXTERIOR IMPROVEMENTS 1 Driveway paving base and New asphalt 1 LS $0.00 2 Landscaping and sodding 1 LS 3 Miscellaneous - parking and drive striping, bumpers, etc. 1 LS 4 Material and compacting testing services 1 LS 5 Surveying 1 LS TOTAL EXTERIOR IMPROVEMENTS 1 LS $0.00 ALLOWANCES 1 Permit Fee reimbursement 1 LS $38,000.00 Total Allowances 1 LS $38,000.00 TOTAL BID PRICE & INDEMNIFICATION (In Numbers) In the event of obvious mathematical errors, the Bidder recognizes that these are clerical in nature and may be corrected by City. For each bid item, Bidder agrees to furnish all labor, materials, tools and equipment necessary to properly perform the work described herein and on the project drawings and specifications. A more detailed description of Pay Items is located throughout the Technical Specifications. It is the intent of the City to award this bid based on the Total Base Bid for all bid items; however, the City reserves the right to award the bid by low total per item, by low total per groups of items, whichever appears to be in the best interest of the City. In the event or latent multiplication or addition errors, the Bidder recognizes that these are clerical errors and may be corrected by the Owner. 412 City of Boynton Beach Purchasing Division 25-786B Pioneer Canal Park Boat Ramp and Driveway Reconfiguration Project 46 APPENDIX ‘A’ DRAFT - AGREEMENT CONSTRUCTION (CONTRACTOR) 413 City of Boynton Beach Purchasing Division 25-78B Pioneer Canal Park Boat Ramp and Driveway Reconfiguration Project 47 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND PUBLIC WORKS CONSTRUCTION PROJECT AWARDEE 25-078B THIS AGREEMENT is entered into by and between the CITY OF BOYNTON BEACH, a municipal corporation organized and existing under the laws of Florida, with a business address of 100 East Ocean Ave., Boynton Beach, FL 33435, hereinafter referred to as “CITY”, and ___________________, a ________________ Corporation, with a business address of ____________________________________ hereinafter referred to as the “CONTRACTOR,” each a “Party” and collectively the “Parties.” WHEREAS, the City of Boynton Beach's ________________ Department requires structural repairs to the Pioneer Canal Park Boat Ramp and Driveway Reconfiguration Project. WHEREAS, ________________________________________________ WHEREAS, the City's Public Works Department developed specifications to seek a contractor ____________________________________________________________________ ___. WHEREAS, on _______________________, the Purchasing Division issued Invitation to Bid (ITB) No. __________________ for the _____________________________________________. WHEREAS, a pre-bid meeting was held on _______________________, accompanied by a site visit, which was attended by several interested bidders. WHEREAS, the ITB closed on ____________________________, with ____________ bid submissions. WHEREAS, after reviewing the submissions, the Purchasing Division determined that ________________________________. was the lowest responsive and responsible bidder. WHEREAS, the CITY has selected the CONTRACTOR to perform construction services related to the _________________________________________________; and, WHEREAS, after reviewing the submissions, the Purchasing Division determined that __________________________________ was the lowest responsive and responsible bidder. WHEREAS, at its meeting of _________________________, by Resolution No. _______, the CITY Commission approved this award to CONTRACTOR and 414 City of Boynton Beach Purchasing Division 25-78B Pioneer Canal Park Boat Ramp and Driveway Reconfiguration Project 48 authorized the proper CITY officials to execute this Agreement hereinafter referred to as Contract No.: _____________________ and used interchangeably with “contract”. NOW, THEREFORE, CITY and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. SCOPE OF WORK AND CONTRACTOR. CONTRACTOR shall furnish all labor, materials, equipment, services, and incidents necessary to perform all “WORK” described in the Contract Documents (as defined in Article 7 below) and related thereto for the Project. The terms and conditions of Bid No. ____________ and CONTRACTOR’s bid are expressly incorporated into this Agreement by reference. Any conflict or discrepancy between the terms of this Agreement, Bid No. ___________, and CONTRACTOR’s bid, shall be resolved pursuant to the following order of precedence (1) this Agreement, (2) Bid No. _______________; and 3. CONTRACTOR’s bid. Article 2. CONSULTANT. Shall mean the City of Boynton Beach, which has designed the Project and will assume all duties and responsibilities and will have the rights and authority assigned to CONSULTANT in connection with the completion of the WORK in accordance with the Contract Documents. Article 3. CONTRACT TIME; TERMINATION; LIQUIDATED DAMAGES. 3.1 Contract Time. Upon receipt of materials including the generator, the WORK will be substantially completed within ____________ (___) calendar days from the effective date of this Agreement, when the Contract Time commences to run as provided in paragraph 2.3 of the General Conditions and completed and ready for final inspection and payment in accordance with paragraph 14.9 of the General Conditions within _________ (____) calendar days from the date of Substantial Completion. 3.2 Termination for Convenience. This Agreement may be terminated by CITY for convenience, upon providing fourteen (14) business days of written notice to CONTRACTOR for such termination. In the event of termination, CONTRACTOR shall be paid its compensation for services performed until the termination date, including services reasonably related to termination. In the event that CONTRACTOR abandons this Agreement or causes it to be terminated, CONTRACTOR shall indemnify CITY against loss pertaining to this termination. 3.3 Termination for Cause. In addition to all other remedies available to CITY, this Agreement shall be subject to cancellation by CITY for cause, should CONTRACTOR neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) days after receipt by CONTRACTOR of written notice of such neglect or failure. 3.4 Liquidated Damages. The CITY and CONTRACTOR recognize and acknowledge that time is of the essence of this Contract and that the CITY will suffer financial loss if the WORK is not completed within the times specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. Each of the parties acknowledges that it has attempted to quantify the 415 City of Boynton Beach Purchasing Division 25-78B Pioneer Canal Park Boat Ramp and Driveway Reconfiguration Project 49 damages, which would be suffered by the CITY in the event of the failure of CONTRACTOR to perform in a timely manner, but neither one has been capable of ascertaining such damages with certainty. CITY and CONTRACTOR also recognize and acknowledge the delays, expense, and difficulties involved in proving in a legal preceding the actual loss suffered by the CITY if the WORK is not completed on time. Accordingly, instead of requiring any such proof, the CITY and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay the CITY, ____________________ ($_____.00) for each day that expires after the time specified in paragraphs 3.1 for substantial completion until the WORK is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining WORK within the Contract Time or any proper extension thereof granted by the CITY, CONTRACTOR shall pay CITY __________________ ($____.00) for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. Article 4. CONTRACT PRICE. CITY shall pay CONTRACTOR, for the faithful performance of the Contract, in lawful money of the United States of America, and subject to the additions and deductions as provided in the Contract Documents, a total sum as follows: Based on the Contract prices shown in the Bid Form submitted to the CITY as subsequently revised and as stated herein, a copy of such Bid Form being a part of the Contract Documents, the aggregate amount of this Contract (obtained from either the lump sum price, the application of unit prices to the quantities shown in the Bid Form or the combination of both) not to exceed: _______________________________________ ($_____________). Contingency Funds - ALL CONTINGENCY SUMS ARE CITY’S CONTINGENCY AND REMAIN THE CITY'S PROPERTY UNTIL EXPENSE IS APPROVED. The contract price shall not include any contingency amounts. If the Contract or schedule of bid prices includes an agreed sum as a contingency, such amount is identified solely for budget purposes and remains the city’s funds. The city may approve the use of contingency funds only for the purpose of defraying the expenses due to unforeseen conditions, extra work, and circumstances relating to construction unless otherwise agreed. Such contingency funds are not for use by the Contractor to cover shortfalls in the Contractor’s bid amount and not for use by the City to increase the scope of work. Contractor shall obtain prior written approval from City prior to the expenditure of contingency funds, and Contractor will be required to furnish documentation evidencing expenditures charged to contingency and/or allowances prior to the release of such funds by City. All uncommitted contingency funds remain the funds of City. Contingency. City and Contractor agree the Project budget shall include City’s contingency, which shall be utilized as outlined above, The Contingency shall be _____ percent or $_____________ to account for any unforeseen conditions only approved by the City Manager. 416 City of Boynton Beach Purchasing Division 25-78B Pioneer Canal Park Boat Ramp and Driveway Reconfiguration Project 50 Article 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. CITY will process Applications for Payment as provided in the General Conditions. 5.1 Progress Payments. CONTRACT may submit an Application for Payment as recommended by CONSULTANT, for WORK completed during the Project at intervals of not more than once a month. All progress payments will be on the basis of the progress of WORK measured by the schedule of values established in Paragraph 2.9.1 of the General Conditions and in the case of Unit Price Work based on the number of units completed or, in the event there is no schedule of values, as provided in the General Requirements. 5.2 Prior to Substantial Completion progress payments will be made in an amount equal to 90% of WORK completed, but, in each case, less the aggregate of payments previously made and less such amounts as CONSULTANT shall determine, or CITY may withhold, in accordance with paragraph 14.5 of the General Conditions. 5.3 CONTRACTOR shall submit with each Application for Payment, an updated progress schedule acceptable to the CITY and a Warranty of Title/Release of Liens relative to the Work that is the subject of the Application. Each Application for Payment shall be submitted to the CITY for approval. The CITY shall make payment to the CONTRACTOR within thirty (30) calendar days after approval by the CITY of CONTRACTOR’S Application for Payment and submission of an acceptable updated progress schedule. 5.4 Five percent (5) of all monies earned by the CONTRACTOR shall be retained by the CITY until Final Completion of the construction services purchased (defined as that point at which one hundred (100) percent of the construction of the work as defined in the Contract Schedule of Values has been performed under the contract by the CONTRACTOR) has been reached and acceptance by CITY. 5.5 The CITY may withhold, in whole or in part, payment to such extent as may be necessary to protect itself from loss on account of: a. Defective Work not remedied. b. Claims filed or reasonable evidence indicating probable filing of claims by other parties against CONTRACTOR. c. Failure of CONTRACTOR to make payments properly to SUBCONTRACTORS or for material or labor. d. Damage to another CONTRACTOR not remedied. e. Liquidated damages and costs incurred by the CITY for extended construction administration. f. Failure of CONTRACTOR to provide any document(s) required by the Contract Documents. 5.6 When the above grounds are removed or resolved, or CONTRACTOR provides a surety bond or consent of Surety, satisfactory to the CITY, which will protect the CITY in the amount withheld, payment may be made in whole or in part. 5.7 Final Payment. Upon final completion and acceptance of the WORK in accordance with paragraph 14.10 of the General Conditions, CITY shall pay the remainder of the Contract Price as recommended by CONSULTANT as provided in paragraph 14.10. CONTRACTOR acknowledges that if final payment shall not be made until consent of surety is received by CITY. 5.8 All payments shall be governed by the Local Government Prompt Payment Act, 417 City of Boynton Beach Purchasing Division 25-78B Pioneer Canal Park Boat Ramp and Driveway Reconfiguration Project 51 as set forth in Part VII, Chapter 218, Florida Statutes. Article 6. RETAINAGE. Within 30 calendar days after reaching the earlier of substantial completion or beneficial occupancy, the City/Owner and the CONTRACTOR will inspect the work and develop a punch list covering those items required to render complete, satisfactory, and acceptable construction services purchased by the City/Owner. The punch list will include a schedule of values that provides the estimated cost to complete each item on the punch list. If the City/Owner and CONTRACTOR are unable to agree on an item or value, the City/Owner has final discretion on whether to include an item and the amount for valuation of the cost to complete each item on the punch list. Within 20 business days after the creation of the punch list, the remaining contract balance, including retainage, will be paid to the CONTRACTOR in less than 150 percent of the cost to complete the items on the punch list. Upon reaching final acceptance for an item or all items, the 150 percent withheld for each item will be released with final payment. For projects valued at $10 million or more, the 30-calendar day period may be extended to 45 calendar days. Article 7. CONTRACTOR GUARANTEE. CONTRACTOR warrants all work, materials, and equipment shall be free from damages and/or defects owing to faulty materials or workmanship for a period of one (1) year after completion of the WORK covered by this Contract. The CONTRACTOR, free of all costs to the CITY, shall replace any part of the equipment, materials, or work included in this Contract, which proves to be defective by reason of faulty materials, damages, and/or workmanship within twelve (12) month period. Article 8. CONTRACT DOCUMENTS. The Documents hereinafter listed shall form the Contract, and they are as fully a part of the Contract as if attached hereto: 8.1 Request for Bid 8.2 Instructions to Proposers / Bidders 8.3 Proposal Forms (including the Proposal, Schedule(s), Submission Requirements of Proposer / Bidder, and all required certificates, affidavits, and other documentation) 8.4 Contract 8.5 CONTRACTOR’s Bid Bond, Performance, and Payment Bond 8.6 General Conditions for Construction 8.7 Special Terms and Conditions 8.8 City Construction Standards and Details (available online at: https://www.boynton- beach.org/engineering/new-construction-department- public-works-engineering- division ) 8.9 Attachment “A” – _________________________________ 8.10 Attachment “B” – _________________________________ Article 9. NOTICE. All notices required in this Contract shall be sent by certified mail, return receipt requested, and if sent to CITY shall be mailed to: 418 City of Boynton Beach Purchasing Division 25-78B Pioneer Canal Park Boat Ramp and Driveway Reconfiguration Project 52 Daniel Dugger, City Manager City of Boynton Beach 100 East Ocean Ave, Boynton Beach, FL 33435 Telephone No. (561) 742-6000 Copy: Shawna G. Lamb, City Attorney City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425 Telephone: (561) 742-6010 / Facsimile: (561) 742-6090 And if sent to the CONTRACTOR shall be mailed to: Article 10. INDEMNITY. 10.1 The CONTRACTOR shall indemnify and hold harmless the CITY and its officers, employees, agents, instrumentalities, and the State of Florida, Division of Emergency Management from liability, losses or damages, including attorneys' fees and costs of defense through the conclusion of any appeals, which the CITY or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of or resulting from the negligence, recklessness, or intentional wrongful misconduct of CONTRACTOR, its employees, agents, partners, principals or subcontractors during the term of this Agreement or resulting thereafter. The CONTRACTOR shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the CITY, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorneys’ fees which may issue thereon. The CONTRACTOR expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the CONTRACTOR shall in no way limit the responsibility to indemnify, keep, and save harmless and defend the CITY or its officers, employees, agents, and instrumentalities as herein provided. 10.2 CONTRACTOR’s aggregate liability pursuant to this indemnification provision shall not exceed one and one-half (1 1/2) times the contract price or One Million Dollars ($1,000,000) per occurrence, whichever is greater. 10.3 Upon completion of all services, obligations, and duties provided for in this Agreement, or in the event of termination of this Agreement for any reason, the terms and conditions of this Article shall survive indefinitely. 419 City of Boynton Beach Purchasing Division 25-78B Pioneer Canal Park Boat Ramp and Driveway Reconfiguration Project 53 10.4 CITY reserves the right to select its own legal counsel to conduct any defense in any such proceeding and all costs and fees associated therewith shall be the responsibility of CONTRACTOR. 10.5 Nothing contained herein is intended nor shall be construed as a contractual waiver of the CITY’s rights, limits, and immunities under the common law or Section 768.28, Florida Statutes, as may be amended from time to time, nor a waiver of any defense the CITY may have and shall not be construed as consent to be sued by third parties based on any claims arising under this Contract. CONTRACTOR and CITY agree that any liability of the CITY under this Contract shall be limited to the amounts set forth in Sec. 728.68, Florida Statutes. Article 11. REIMBURSEMENT OF CONSULTANT EXPENSES. Should the completion of this Contract be delayed beyond the specified or adjusted time limit, CONTRACTOR shall reimburse the CITY for all expenses of consulting and inspection incurred by the CITY during the period between said specified or adjusted time and the actual date of final completion. All such expenses for consulting and inspection incurred by the CITY will be charged to the CONTRACTOR and be deducted from payments due CONTRACTOR as provided by this Contract. Said expenses shall be further defined as CONSULTANT charges associated with the construction contract administration, including resident project representative costs. Article 12. FLORIDA’S PUBLIC RECORDS LAW. The CITY is a public agency subject to Chapter 119, Florida Statutes. The CONTRACTOR shall comply with Florida’s Public Records Law. Specifically, the CONTRACTOR shall: 12.1 Keep and maintain public records required by the CITY to perform the service; 12.2 Upon request from the CITY’s custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statue or as otherwise provided by law; 12.3 Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, CONTRACTOR shall destroy all copies of such confidential and exempt records remaining in its possession once the CONTRACTOR transfers the records in its possession to the CITY; and, 12.4 Upon completion of the contract, CONTRACTOR shall transfer to the CITY, at no cost to the CITY, all public records in CONTRACTOR’s possession. All records stored electronically by CONTRACTOR must be provided to the CITY, upon request from the CITY’s custodian of public records, in a format that is compatible with the information technology systems of the CITY. 12.5 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 420 City of Boynton Beach Purchasing Division 25-78B Pioneer Canal Park Boat Ramp and Driveway Reconfiguration Project 54 CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CITY CLERK’S OFFICE 100 E. OCEAN AVENUE BOYNTON BEACH, FLORIDA 33435 561-742-606 CityClerk@bbfl.US Article 13. E-VERIFY. 13.1 CONTRACTOR certifies that it is aware of and complies with the requirements of Section 448.095, Florida Statutes, as may be amended from time to time and briefly described herein below. 13.1.1 Definitions for this Section: A. “Contractor” means a person or entity that has entered or is attempting to enter into a contract with a public employer to provide labor, supplies, or services to such employer in exchange for a salary, wages, or other remuneration. “Contractor” includes, but is not limited to, a vendor or consultant. B. “Subcontractor” means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor in exchange for a salary, wages, or other remuneration. C. “E-Verify system” means an Internet-based system operated by the United States Department of Homeland Security that allows participating employers to electronically verify the employment eligibility of newly hired employees. 13.1.2 Registration Requirement; Termination: Pursuant to Section 448.095, Florida Statutes, effective January 1, 2021, Contractors, shall register with and use the E-Verify system in order to verify the work authorization status of all newly hired employees. Contractor shall register for and utilize the U.S. Department of Homeland Security’s E- Verify System to verify the employment eligibility of: A. All persons employed by a Contractor to perform employment duties within Florida during the term of the contract; and B. All persons (including sub-vendors/sub-consultants/sub- contractors) assigned by Contractor to perform work pursuant to the contract with the City of Boynton Beach. The Contractor acknowledges and agrees that registration and use of the U.S. Department of Homeland Security’s E-Verify System during the term of the contract is a condition of the contract with the City of Boynton Beach; and 421 City of Boynton Beach Purchasing Division 25-78B Pioneer Canal Park Boat Ramp and Driveway Reconfiguration Project 55 C. The Contractor shall comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility," as amended from time to time. This includes but is not limited to registration and utilization of the E-Verify System to verify the work authorization status of all newly hired employees. Contractor shall also require all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. The Contractor shall maintain a copy of such affidavit for the duration of the contract. Failure to comply will lead to termination of this Contract, or if a subcontractor knowingly violates the statute, the subcontract must be terminated immediately. Any challenge to termination under this provision must be filed in the Circuit Court no later than twenty (20) calendar days after the date of termination. Termination of this Contract under this Section is not a breach of contract and may not be considered as such. If this contract is terminated for a violation of the statute by the Contractor, the Contractor may not be awarded a public contract for a period of one (1) year after the date of termination. Article 14. PROHIBITION AGAINST CONSIDERING SOCIAL, POLITICAL OR IDEOLOGICAL INTERESTS IN GOVERNMENT CONTRACTING -- F.S. 287.05701. CONTRACTOR is hereby notified of the provisions of section 287.05701, Florida Statutes, as amended, that the CITY will not request documentation of or consider CONTRACTOR's social, political, or ideological interests when determining if the CONTRACTOR is a responsible CONTRACTOR. CONTRACTOR is further notified that the CITY's governing body may not give preference to a CONTRACTOR based on the CONTRACTOR's social, political, or ideological interests. Article 15. SCRUTINIZED COMPANIES. By execution of this Agreement, CONTRACTOR certifies that CONTRACTOR is not participating in a boycott of Israel. CONTRACTOR further certifies that CONTRACTOR is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has CONTRACTOR been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the CITY will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The CITY shall provide notice, in writing, to the CONTRACTOR of the CITY's determination concerning the false certification. CONTRACTOR shall have five (5) calendar days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, the CONTRACTOR shall have ninety (90) calendar days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If the CONTRACTOR does not demonstrate that the CITY's determination of false certification was made in error then the CITY shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. 422 City of Boynton Beach Purchasing Division 25-78B Pioneer Canal Park Boat Ramp and Driveway Reconfiguration Project 56 Article 16. COVENANT AGAINST CONTINGENT FEES. The CONTRACTOR warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONTRACTOR, to solicit or secure this Agreement, and that CONTRACTOR has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the CONTRACTOR any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the CITY shall have the right to annul this Agreement without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. Article 17. MISCELLANEOUS. 17.1 Any and all legal action necessary to enforce the terms of this Agreement shall be governed by the laws of the State of Florida. Any legal action arising from the terms of this Agreement shall be submitted to a court of competent jurisdiction located exclusively in Palm Beach County. 17.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 17.3 City and CONTRACTOR each binds itself, their partners, successors, assigns and legal representatives to the other party hereto, their partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. 17.4 In the event that either party brings suit for enforcement of this Agreement, each party shall bear its own attorney's fees and court costs, except as otherwise provided under the indemnification provisions set forth herein above. 17.5 Prior to final payment of the amount due under the terms of this Agreement, to the extent permitted by law, a final waiver of lien shall be required to be submitted by the CONTRACTOR, as well as all suppliers and subcontractors whom worked on the project that is the subject of this Agreement. Payment of the invoice and acceptance of such payment by CONTRACTOR shall release City from all claims of liability by CONTRACTOR in connection with this Agreement. 17.6 At all times during the performance of this Agreement, CONTRACTOR shall protect CITY's property from all damage whatsoever on account of the work being carried on under this Agreement. 17.7 It shall be the CONTRACTOR’s responsibility to be aware of and comply with all statutes, ordinances, rules, orders, regulations and requirements of all local, city, state, and federal agencies as applicable. 17.8 This Agreement represents the entire and integrated agreement between City and CONTRACTOR and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement is intended by the parties hereto to be final expression of this Agreement, and it constitutes the full and 423 City of Boynton Beach Purchasing Division 25-78B Pioneer Canal Park Boat Ramp and Driveway Reconfiguration Project 57 entire understanding between the parties with respect to the subject hereof, notwithstanding any representations, statements, or agreements to the contrary heretofore made. In the event of a conflict between this Agreement, the solicitation and the CONTRACTOR’s bid proposal, this Agreement shall govern then the solicitation, and then the bid proposal. 17.9 This Agreement will take effect once signed by both parties. This Agreement may be executed by hand or electronically in multiple originals or counterparts, each of which shall be deemed to be an original and together shall constitute one and the same agreement. Execution and delivery of this Agreement by the Parties shall be legally binding, valid and effective upon delivery of the executed documents to the other party through facsimile transmission, email, or other electronic delivery. Article 18. DEFAULT OF CONTRACT & REMEDIES. 18.1 Correction of Work. If, in the judgment of CITY, work provided by CONTRACTOR does not conform to the requirements of this Agreement, or if the work exhibits poor workmanship, CITY reserves the right to require that CONTRACTOR correct all deficiencies in the work to bring the work into conformance without additional cost to CITY, and/or replace any personnel who fail to perform in accordance with the requirements of this Agreement. CITY shall be the sole judge of non-conformance and the quality of workmanship. 18.2 Default of Contract. The occurrence of any one or more of the following events shall constitute a default and breach of this Agreement by CONTRACTOR: 18.2.1 The abandonment of the project by CONTRACTOR for a period of more than seven (7) business days. 18.2.2 The abandonment, unnecessary delay, refusal of, or failure to comply with any of the terms of this Agreement or neglect, or refusal to comply with the instructions of the CITY’s designee. 18.2.3 The failure by CONTRACTOR to observe or perform any of the terms, covenants, or conditions of this Agreement to be observed or performed by CONTRACTOR, where such failure shall continue for a period of seven (7) calendar days after written notice thereof by CITY to CONTRACTOR; provided, however, that if the nature of CONTRACTOR's default is such that more than seven (7) calendar days are reasonably required for its cure, then CONTRACTOR shall not be deemed to be in default if CONTRACTOR commences such cure within said seven (7) calendar day period and thereafter diligently prosecutes such cure to completion. 18.2.4 The assignment and/or transfer of this Agreement or execution or attachment thereon by CONTRACTOR or any other party in a manner not expressly permitted hereunder. 18.2.5 The making by CONTRACTOR of any general assignment or general arrangement for the benefit of creditors, or the filing by or against CONTRACTOR of a petition to have CONTRACTOR adjudged a bankruptcy, or a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against CONTRACTOR, the same is dismissed within sixty (60) days); or the appointment of a trustee or a receiver to take possession of 424 City of Boynton Beach Purchasing Division 25-78B Pioneer Canal Park Boat Ramp and Driveway Reconfiguration Project 58 substantially all of CONTRACTOR's assets, or for CONTRACTOR's interest in this Agreement, where possession is not restored to CONTRACTOR within thirty (30) days; for attachment, execution or other judicial seizure of substantially all of CONTRACTOR's assets, or for CONTRACTOR's interest in this Agreement, where such seizure is not discharged within thirty (30) days. 18.3 Remedies in Default. In case of default by CONTRACTOR, CITY shall notify CONTRACTOR, in writing, of such abandonment, delay, refusal, failure, neglect, or default and direct CONTRACTOR to comply with all provisions of the Agreement. A copy of such written notice shall be mailed to the Surety on the Performance Bond. If the abandonment, delay, refusal, failure, neglect or default is not cured within seven (7) days of when notice was sent by CITY, CITY may declare a default of the Agreement and notify CONTRACTOR of such declaration of default and terminate the Agreement. The Surety on the Performance Bond shall within ten (10) days of such declaration of default, rectify or cause to be rectified any mismanagement or breach of service in the Agreement and assume the work of CONTRACTOR and proceed to perform services under the Agreement, at its own cost and expense. 18.3.1 Upon such declaration of default, all payments remaining due CONTRACTOR at the time of default, less all sums due CITY for damages suffered, or expenses incurred by reason of default, shall be due and payable to Surety. Thereafter the Surety shall receive monthly payments equal to those that would have been paid by the CONTRACTOR had the CONTRACTOR continued to perform the services under the Agreement. 18.3.2 CITY may complete the Agreement, or any part thereof, either by day labor, use of a subcontractor, or by re-letting a contract for the same, and procure the equipment and the facilities necessary for the completion of the Agreement, and charge the cost of same to CONTRACTOR and/or the Surety together with the costs incident thereto to such default. 18.3.3 In the event CITY completes the Agreement at a lesser cost than would have been payable to CONTRACTOR under this Agreement, if the same had been fulfilled by CONTRACTOR, CITY shall retain such differences. Should such cost to CITY be greater, CONTRACTOR shall pay the amount of such excess to the CITY. 18.3.4 Notwithstanding the other provisions in this Article, CITY reserves the right to terminate the Agreement at any time, whenever the service provided by CONTRACTOR fails to meet reasonable standards of the trade after CITY gives written notice to the CONTRACTOR of the deficiencies as set forth in the written notice within fourteen calendar (14) days of the receipt by CONTRACTOR of such notice from CITY. Article 19. SOVEREIGN IMMUNITY. Nothing contained herein is intended to serve as a waiver of sovereign immunity by the CITY or as a waiver of limits of liability or rights the CITY may have under the doctrine of sovereign immunity or under Section 768.28, Florida Statutes. 425 City of Boynton Beach Purchasing Division 25-78B Pioneer Canal Park Boat Ramp and Driveway Reconfiguration Project 59 Article 20. UNCONTROLLABLE FORCES. Neither the CITY nor CONTRACTOR shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non-performing party could not avoid. The term “Uncontrollable Forces” shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the non-performing party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions. Neither party shall, however, be excused from performance if non-performance is due to forces which are preventable, removable, or remediable, and which the non- performing party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The non-performing party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. Article 21. NON-WAIVER. Waiver by the CITY of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. Article 22. INDEPENDENT CONTRACTOR. The CONTRACTOR and the CITY agree that the CONTRACTOR is an independent contractor with respect to the Work provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither CONTRACTOR nor any employee of CONTRACTOR shall be entitled to any benefits accorded CITY employees by virtue of the services provided under this Agreement. The CITY shall not be responsible for withholding or otherwise deducting federal income tax or Social Security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to CONTRACTOR, or any employee of CONTRACTOR. Article 23. INSURANCE. During the performance of the Work under this Agreement, CONTRACTOR shall maintain the insurance policies required by the Insurance Advisory in the Contract Documents, and provide originals or certified copies of all policies to CITY’s Risk Management. All policies shall be written by an insurance company authorized to do business in Florida. CONTRACTOR shall be required to obtain all applicable insurance coverage prior to commencing any Work pursuant to this Agreement. Article 24. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and other materials produced by the CONTRACTOR in connection with the services rendered under this Agreement shall be the property of the CITY whether the project for which they are made is executed or 426 City of Boynton Beach Purchasing Division 25-78B Pioneer Canal Park Boat Ramp and Driveway Reconfiguration Project 60 not. The CONTRACTOR shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with CONTRACTOR’s endeavors. Article 25. ATTORNEY’S FEES. If either Party brings suit to enforce the Agreement, each Party shall bear its own attorney's fees and court costs. Article 26. COMPLIANCE WITH LAWS. CONTRACTOR shall, in performing the Work contemplated by this Agreement, faithfully observe and comply with all federal, State of Florida, and City of Boynton Beach ordinances and regulations that are applicable to the Work rendered under this Agreement. This Agreement will take effect once signed by both parties. This Agreement may be signed by the parties in counterparts, whether signed physically or electronically, which together shall constitute one and the same agreement among the parties. A facsimile signature shall constitute an original signature for all purposes. 427 City of Boynton Beach Purchasing Division 25-78B Pioneer Canal Park Boat Ramp and Driveway Reconfiguration Project 61 IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and year set forth below their respective signatures. CITY OF BOYNTON BEACH (CONTRACTOR) Ty Penserga, Mayor (Signature) ________________________________ Date Print Name of Authorized Official Title Approved as to Form: ___________________________________ Date _____________________________________ Office of the City Attorney (Corporate Seal) Attest/Authenticated: Witness Print Name Attested/Authenticated: ––––––––––––––––––––––––––––––––– Maylee De Jesus, City Clerk 428 City of Boynton Beach Purchasing Division 25-026B – Oyer Park – Fire Boat Lifts Installation Project 62 CORPORATE ACKNOWLEDGEMENT STATE OF _________________) COUNTY OF _________________) The foregoing instrument was acknowledged before me by means of □ physical presence or □ online notarization, this _____________day of _______, 20__, by ______________ on behalf of ________________________, a __________________. He/she is personally known to me or has produced ____________ as identification. _____________________________________ NOTARY PUBLIC _______________________________________ (Name of Notary Typed, Printed or Stamped) ______________________________ Title or Rank ______________________ Serial number, if any 429 25-078B Pioneer Canal Park & Driveway Reconfiguration Project Addendum No. 1 The City of Boynton Beach Finance/Procurement Services 100 E. Ocean Avenue Boynton Beach, FL 33435 P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6310 ADDENDUM No. 1 Wednesday, September 24, 2025 25-078B – Pioneer Canal Park Boat Ramp and Driveway Reconfiguration Project Closing Date: Friday, September 26, 2025 3:00 PM This addendum to the drawings, specifications, and/or contract documents is issued to provide additional information and clarification to the original Bid specifications and proposal form and is hereby declared a part of the original drawings, specifications and/or contract documents. In case of a conflict, this Addendum shall govern. Words in strike through type are deletions from existing text. Words in underlined type are additions to existing text. 1. Question: Can you please confirm that the $200,000 FWC contribution is unrelated to our scope of work? Answer: The $200,000.00 is not related to the awarded GC’s scope of work. The city will be addressing grant reimbursement with FWC. 2. Question: Approximately eight new trees have been recently planted within the demolition limits. Who will be responsible for relocating or removing them? Answer: The City will remove and relocate the trees. 3. Question: No Geotechnical Report has been provided. I only see an attachment for the SFWMD permit. Can you please clarify? Answer: The requested report has been uploaded to the Documents Section. 430 25-078B Pioneer Canal Park & Driveway Reconfiguration Project Addendum No. 1 4. Question: Will your team be expediting the permitting approval process? Our schedule requires project completion within 180 days. Answer: The permits have already been approved. The awarded GC will apply for a change of contractor. 5. Question: Is a DEP permit required, and if so, who will be responsible for securing it? Answer: No, the work is under 1 acre so it is exempt per NPDES. SFWMD is the controlling agency. We have SFWMD ERP and ROW permits in hand. 6. Question: Tree's at entrance of park seem to obstruct, will city have this taken care of before project begins? Answer: The City will address trimming, as necessary. 7. Question: Any information on Test piling? Answer: Not required by code. However, Geotech recommends, within their report, that two test piles be installed and monitored; results will be used to finalize production pile lengths and driving criteria. 8. Question: Any newly installed landscaping might die with no sprinkler system, can you confirm city is ok with this? Answer: City confirmed new landscaping to have sprinkler coverage tied into existing system. 9. Question: Is there a complete paving, grading and drainage plan? Answer: Yes, permitted through SFWMD. Permit number 50-111126-P. Application number 240619-44410. Paving, grading, and drainage plan included in Civil drawings attached. 10. Question: We noticed that the bid documents mention an owner form for the payment and performance bonds. Does this apply to the bid bond as well? If so, can you share said file with everyone? Answer: The Bid Bond has been attached in the Documents Section. Please acknowledge Addendum No. 1 with your bid submittal at the following link: 431 25-078B Pioneer Canal Park & Driveway Reconfiguration Project Addendum No. 1 https://boynton-beach.bidsandtenders.net/Module/Tenders/en If you have any further questions or require additional clarification, please submit to the Purchasing representative through the Bidding System only by clicking on the “Submit a Question” button for this specific Solicitation. Sincerely, City of Boynton Beach Financial Services 432 25-078B - Pioneer Canal Park Boat Ramp and Driveway Reconfiguration Project Opening Date: August 22, 2025 4:00 PM Closing Date: September 26, 2025 3:00 PM Vendor Details Company Name:Mangonia Construction Group LLC Address: 700 S Rosemary Ave Ste 204 West Palm Beach, Florida 33405 Contact:Gabriel Mashraghi Email:gabriel@mangoniacg.com Phone:561-346-5722 HST#:85-2076574 Submission Details Created On:Wednesday September 17, 2025 08:20:03 Submitted On:Thursday September 25, 2025 13:32:18 Submitted By:Gabriel Mashraghi Email:gabriel@mangoniacg.com Transaction #:5dd6356d-2742-466e-b7b4-3c9c01807d0b Submitter's IP Address:147.243.243.168 Bid Number: 25-078B Vendor Name: Mangonia Construction Group LLC433 Schedule of Prices The Bidder hereby Bids and offers to enter into the Contract referred to and to supply and do all or any part of the Work which is set out or called for in this Bid, at the unit prices, and/or lump sums, hereinafter stated. *Denotes a "MANDATORY" field Do not enter $0.00 dollars unless you are providing the line item at zero dollars to the Owner (unless otherwise specified). If the line item and/or table is "NON-MANDATORY" and you are not bidding on it, leave the table and/or line item blank.Do not enter a $0.00 dollar value. INDEMNIFICATION Make sure your Bid is submitted PRIOR to the deadline. Late Bids will not be accepted. Bidder shall be responsible for inspecting, examining and verifying existing conditions. Bidder is responsible for familiarizing themselves with the nature and extent of the contract documents, the work, the locality, and with all local conditions and regulatory requirements that may, in any manner affect costs, progress or performance of work. Bidder agrees to furnish all labor, material, tools, qualified supervision, equipment, accessory material, required bonds, insurance, and permits necessary to complete the proper performance of the work described herein. It is the intent of the City to award this to the lowest responsive/responsible Bidder based on the Grand Total Bid Amount. The undersigned Bidder proposes and agrees, if this bid is accepted, to enter into a contract with the City to perform and furnish all Work as specified herein for the Contract Price and within the Contract Period indicated in this bid. This bid will remain subject to acceptance for One Hundred Twenty (120) calendar days after the day of bid opening. Bidder will sign and submit the necessary documents required by the City within fifteen (15) calendar days prior to the date of the City's Award. Bidder has familiarized itself with the nature and extent of the contract documents, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the Work. Bidder has given the City written notice of all conflicts, errors or discrepancies that it has discovered in the contract documents and the written resolution thereof by the City is acceptable to Bidder. This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any person, firm or corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over the City. Bidder will complete the Work for the prices shown in the "Bid Form”. Bidder agrees that the Work will be substantially performed and complete in accordance with the schedules established herein. Line Item Description Quantity Unit Unit Price Total 1 Indemnification 1 Lump Sum $25.0000 $ 25.00 Subtotal:$ 25.00 Bid Number: 25-078B Vendor Name: Mangonia Construction Group LLC434 01 GENERAL CONDITIONS Please Note: It is the intent of the City to award this bid based on the Total Base Bid for all bid items; however, the City reserves the right to award this bid by lowest total per location or by lowest total per groups of locations, whichever is in the best interest of the City. Line Item Description Quantity Unit Unit Price *Total 1 Mobilization/Demobilization, Bonds, Insurance and General Requirements, (including special inspections, contractor’s supervision, etc.) and As Built shall be limited to a maximum of six percent (6%) of the total bid price. 1 Lump Sum $48,000.0000 $ 48,000.00 Subtotal:$ 48,000.00 02 Existing Conditions and Site Work Please Note: It is the intent of the City to award this bid based on the Total Base Bid for all bid items; however, the City reserves the right to award this bid by lowest total per location or by lowest total per groups of locations, whichever is in the best interest of the City. Line Item Description Quantity Unit Unit Price *Total 1 Selective Demolition (concrete piles, wood dock, landscaping, asphalt, etc. see plans. 1 Lump Sum $80,000.0000 $ 80,000.00 2 Debris Removal and Dump Fee 1 Lump Sum $28,700.0000 $ 28,700.00 3 Final Cleaning 1 Lump Sum $3,000.0000 $ 3,000.00 Subtotal:$ 111,700.00 03 CONCRETE Please Note: It is the intent of the City to award this bid based on the Total Base Bid for all bid items; however, the City reserves the right to award this bid by lowest total per location or by lowest total per groups of locations, whichever is in the best interest of the City. Line Item Description Quantity Unit Unit Price *Total 1 Precast ramps, cast in place conc., curbing, sidewalks, etc. see plans. 1 Lump Sum $250,000.0000 $ 250,000.00 2 Concrete cutting and coring, see plans. 1 Lump Sum $25,000.0000 $ 25,000.00 Subtotal:$ 275,000.00 Bid Number: 25-078B Vendor Name: Mangonia Construction Group LLC435 010 SPECIALTIES Please Note: It is the intent of the City to award this bid based on the Total Base Bid for all bid items; however, the City reserves the right to award this bid by lowest total per location or by lowest total per groups of locations, whichever is in the best interest of the City. Line Item Description Quantity Unit Unit Price *Total 1 Stationery Wood Dock 1 Lump Sum $70,000.0000 $ 70,000.00 2 Pressure-treated wood or composite decking 1 Lump Sum $25,000.0000 $ 25,000.00 3 Miscellaneous - Cleats, ladders, gangways, etc. 1 Lump Sum $3,000.0000 $ 3,000.00 4 Driven wood or concrete pilings 1 Lump Sum $60,000.0000 $ 60,000.00 Subtotal:$ 158,000.00 31 EARTHWORK Please Note: It is the intent of the City to award this bid based on the Total Base Bid for all bid items; however, the City reserves the right to award this bid by lowest total per location or by lowest total per groups of locations, whichever is in the best interest of the City. Line Item Description Quantity Unit Unit Price *Total 1 General site excavation and finish grading 1 Lump Sum $45,000.0000 $ 45,000.00 2 Site Fill 1 Lump Sum $16,000.0000 $ 16,000.00 Subtotal:$ 61,000.00 32 EXTERIOR IMPROVEMENTS Please Note: It is the intent of the City to award this bid based on the Total Base Bid for all bid items; however, the City reserves the right to award this bid by lowest total per location or by lowest total per groups of locations, whichever is in the best interest of the City. Line Item Description Quantity Unit Unit Price *Total 1 Driveway paving base and New asphalt 1 Lump Sum $65,000.0000 $ 65,000.00 2 Landscaping and sodding 1 Lump Sum $25,000.0000 $ 25,000.00 3 Miscellaneous - parking and drive striping, bumpers, etc. 1 Lump Sum $4,000.0000 $ 4,000.00 4 Material and compacting testing services 1 Lump Sum $4,500.0000 $ 4,500.00 5 Surveying 1 Lump Sum $8,000.0000 $ 8,000.00 Subtotal:$ 106,500.00 Bid Number: 25-078B Vendor Name: Mangonia Construction Group LLC436 ALLOWANCES Line Item Description Quantity Unit Unit Price Total 1 Permit Fee reimbursement 1 Lump Sum $38,000.0000 $ 38,000.00 Subtotal:$ 38,000.00 Summary Table Bid Form Amount 01 GENERAL CONDITIONS $ 48,000.00 02 Existing Conditions and Site Work $ 111,700.00 03 CONCRETE $ 275,000.00 010 SPECIALTIES $ 158,000.00 31 EARTHWORK $ 61,000.00 32 EXTERIOR IMPROVEMENTS $ 106,500.00 ALLOWANCES $ 38,000.00 Subtotal Contract Amount:$ 798,200.00 CERTIFICATION We (I), the undersigned, hereby agree to furnish the item(s)/service(s) described in the Invitation to Bid. We (I) certify that we (I) have read the entire document, including the Specifications, Additional Requirements, Supplemental Attachments, Instructions to Bidders, Terms and Conditions, and any addenda issued. We agree to comply with all of the requirements of the entire Invitation to Bid. Line Item Description Response *Options 1 Company Name Mangonia Construction Group LLC 2 Address 700 S Rosemary Ave ste 204, 3 Telephone 5613465722 4 City West Palm Beach 5 State Florida 6 Zip Code 33401 7 Contractor's License Number CGC1529527 8 Federal Tax ID Number 85-2076574 9 Email address for above signer gabriel@mangoniacg.com 10 Indicate which type of organization from the list in the Options Column Limited Liability Limited Liability Bid Number: 25-078B Vendor Name: Mangonia Construction Group LLC437 VENDOR DRUG FREE WORKPLACE Preference may be given to vendors submitting a certification with their bid/proposal certifying they have a drug-free workplace in accordance with Section 287.087, Florida Statutes. This requirement affects all public entities of the State and becomes effective January 1, 1991. The special condition is as follows: IDENTICAL TIE BIDS - Preference may be given to businesses with drug-free workplace programs. Whenever two or more bids that 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 bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 1. 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. 2. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 3. In the statement specified in subsection (1), notify the employees 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 each conviction. 4. Impose a section 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. 5. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this form complies fully with the above requirements. Line Item Description Response * 1 I Hereby Acknowledge the Drug Free Information Above and Will Abide by Everything in this Section. Yes E-VERIFY As a condition precedent to entering into this Agreement, and in compliance with Section 448.095, Fla. Stat., Contractor and its subcontractors shall register with and use the E-Verify system to verify work authorization status of all employees hired after January 1, 2021. Contractor shall require each of its subcontractors to provide Contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. Contractor shall maintain a copy of the subcontractor’s affidavit as part of and pursuant to the records retention requirements of this Agreement. City, Contractor, or any subcontractor/subconsultant who has a good faith belief that a person or entity with which it is contracting has knowingly violated Section 448.09(1), Fla. Stat. or the provisions of this section shall terminate the contract with the person or entity. City, upon good faith belief that a subcontractor knowingly violated the provisions of this section; but Contractor otherwise complied, shall promptly notify Contractor and Contractor shall immediately terminate the contract with the subcontractor. An agreement or contract terminated under the provisions of this section is not a breach of contract and may not be considered such. Any agreement or contract termination under the provisions of this section may be challenged pursuant to Section 448.095(2)(d), Fla. Stat. Contractor acknowledges that upon termination of this Agreement by the City for a violation of this section by Contractor, Contractor may not be awarded a public contract for at least one (1) year. Contractor further acknowledges that Contractor is liable for any additional costs incurred by the City as a result of termination of any contract for a violation of this section. Contractor or subcontractor shall insert in any subcontracts the clauses set forth in this section; requiring the subcontractors to include these clauses in any lower tier subcontracts. Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in this section. Line Item Description Response * 1 I Hereby Acknowledge the E-VERIFY Information Above and Will Abide By Everything in this Section. Yes No Bid Number: 25-078B Vendor Name: Mangonia Construction Group LLC438 BIDDER'S QUALIFICATION STATEMENT Line Item Description Response * 1 How many years has your organization been in business under its present name? 5 2 If Vendor is operating under Fictitious Name, submit evidence of compliance with Florida Fictitious Name Statute. N/A 3 Under what former name (s) had your business operated? Also list former address(es) of that business, if any. N/A 4 Have you ever been disbarred or suspended from doing business with any governmental entity? If Yes, explain. No 5 Are you licensed? If Yes, attach copy of license to submission package. Yes 6 Has your company ever declared bankruptcy? If Yes, explain. No 7 Are you or your company in arrears to the City of Boynton Beach or have any obligations to the City, or been deemed irresponsible or unreliable to the City? If Yes, please explain. No SCRUTINIZED COMPANIES DETERMINATION By execution of this Agreement, in accordance with the requirements of F.S. 287.135 and F.S. 215.473, CONTRACTOR certifies that CONTRACTOR is not participating in a boycott of Israel. CONTRACTOR further certifies that CONTRACTOR is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, nor has CONTRACTOR been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the CITY will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The CITY shall provide notice, in writing, to CONTRACTOR of the CITY’s determination concerning the false certification. CONTRACTOR shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, CONTRACTOR shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If CONTRACTOR does not demonstrate that the City's determination of false certification was made in error then the City shall have the right toterminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. Line Item Description Response * 1 I Hereby Acknowledge the Scrutinized Companies - Florida Statute 287.135 and 215.473 Information Above and Will Abide by Everything Outlined in this Section. Yes No Bid Number: 25-078B Vendor Name: Mangonia Construction Group LLC439 FIRM'S PRIMARY OWNERSHIP Line Item Description Response *If Other Please Enter Information Here: If NONE Enter the Word NONE. 1 Does your firm employ more than 50 persons (including full-time and part-time employees) No 2 Is your firm a construction firm Yes 3 If you are a construction firm, is the average annual gross revenue for your firm for the past three years greater than $9 million? No 4 Which of the following best describes the gender of your firm's primary owner (at least 51% ownership) Male 5 Which of the following best describes the ethnicity of your firm's primary owner (at least 51%) Hispanic/Latino 6 Please select the current certification your firm holds: (Note: Proof of Certification must be included in Document Upload Section) Not Applicable 7 Indicate the agency or agencies that have granted the certification to your firm. State of Florida PALM BEACH COUNTY INSPECTOR GENERAL The Bidder if awarded Contractor, is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of any Agreement resulting from this solicitation and, in furtherance thereof, may demand and obtain records and testimony from the Contractor and its sub-contractor and lower-tier sub-contractors. The Contractor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the Contractors or its sub-contractors or lower-tier sub-contractors to fully cooperate with the Inspector General when requested may be deemed by the municipality to be a material breach of this Agreement justifying its termination. Line Item Description Response * 1 I Hereby Acknowledge the Palm Beach County Inspector General Information Above and Will Abide by Everything in this Section. Yes REFERENCES Please list government agencies and/or private firms with whom you have done business during the last five years: Line Item Company Name *Legal Address *Contact Name *Phone Number *Email Address * 1 Town of Lake Park 535 Park Ave West Palm Beach, FL 33403 John Willie 561-881-3311 jwille@lakeparkflorida.gov 2 Jazayri Construction Inc 3001 W Hallandale Beach Blvd Suite 300 Pembroke Park, FL 33009 Chris Webb 954-798-8289 christopher.webb.email@g mai.com 3 Mayfair Ft. Pierce LLC 1800 Nebraska Ave Unit 202 Ft. Pierce, FL 34950 Waseem Usmani 203-736-7365 waseem_usmani@icloud. com 4 L&W Supply 7555 Garden Road Bldg A West Palm Beach, FL 33404 Robert Haff 772-370-1889 robert.haff@lwsupply.com 5 Builder's First Source 3661 W Blue Heron Blvd Rivera Beach, FL 33404 Jason Perry 772-577-9870 jason.perry@bldr.com Bid Number: 25-078B Vendor Name: Mangonia Construction Group LLC440 Subcontractors The Bidder shall state all Subcontractor(s) and type of Work proposed to be used for this project. Bidders shall not indicate “TBD” (To Be Determined) or “TBA” (To Be Announced) or similar wording and shall not indicate multiple choices of Subcontractor names for any Subcontractor category in their list of Subcontractors. SUBCONTRACTORS The Bidder shall state all Subcontractor(s) and type of Work proposed to be used for this project. Bidders shall not indicate “TBD” (To Be Determined) or “TBA” (To Be Announced) or similar wording and shall not indicate multiple choices of Subcontractor names for any Subcontractor category in their list of Subcontractors. By clicking here I confirm that there are no Subcontractor(s)/Subconsultant(s) and the Bidder shall perform the project with their “OWN FORCES”. Line Item Work to be Performed *% Total Contract *Contractor License No. *Subcontractor Name / Address *Subcontractor Phone/Email * 1 Landscaping 15 N/A Manpower Irrigation 7140 Saddle Road, Lake Worth FL 33463 Luis@manpowerirrigation.com 2 Sitework 55 N/A Luminous Group Justin@luminousgroupllc.com 3 Asphalt 30 N/A Full Power 1559 NE 104th Street MIAMI, FL 33138 fullpowerconcrete@gmail.com 4 N/A N/A N/A N/A N/A Documents Ensure your submission document(s) conforms to the following: Documents should NOT have a security password, as City of Boynton Beach may not be able to open the file. It is your sole responsibility to ensure that the uploaded document(s) are not either defective, corrupted or blank and that the documents can be opened and viewed by City of Boynton Beach. If you need to upload more than one (1) document for a single item, you should combine the documents into one zipped file. If the zipped file contains more than one (1) document, ensure each document is named, in relation to the submission format item responding to. For example, if responding to the Marketing Plan category save the document as “Marketing Plan.” If the attached file(s) cannot be opened or viewed, your Bid Call Document may be rejected. Bid Number: 25-078B Vendor Name: Mangonia Construction Group LLC441 Non Collusive Affidavit & Acknowledgement - Non Collusion Affidavit and Certification of Proposer.pdf - Wednesday September 24, 2025 10:06:31 Scrutinized Companies and E-Verify Affidavits - Certification Pursuant to Florida Statute.pdf - Wednesday September 24, 2025 10:08:45 Bid Bond and Bid Bond Acknowledgement - Letter Of Bondability - MCG LLC.pdf - Wednesday September 24, 2025 14:31:59 Foreign Entity Ownership Affidavit - Affidavit of Compliance- Foreign Entity Laws.pdf - Wednesday September 24, 2025 10:06:44 Anti Human Trafficking Affidavit - Affidavit of Compliance- Anti Human Trafficking Laws.pdf - Wednesday September 24, 2025 10:06:53 Anti Kick Back Affidavit - Anti-Kickback Affidavit.pdf - Wednesday September 24, 2025 10:07:02 Certificate of Insurance - Certificate of Insurance.pdf - Thursday September 25, 2025 13:21:21 IRS Form W-9 - Mangonia Construction Group FW9 - 2024.pdf - Wednesday September 24, 2025 10:07:45 Proof of State Certified or County Competency Licenses - License CGC 2024.pdf - Wednesday September 24, 2025 10:07:25 Optional - Insurance Compliance Statement.pdf - Thursday September 25, 2025 13:21:53 Additional Document (optional) Bid Number: 25-078B Vendor Name: Mangonia Construction Group LLC442 Addenda, Terms and Conditions Unless otherwise agreed to by the City of Boynton Beach (“City”), the following Standard Terms and Conditions are applicable to this solicitation and the resulting Agreement. The term “vendor,” as used below, may collectively apply to vendors, bidders, proposers, consultants, contractors, subcontractors, and subconsultants. Any and all special conditions in this ITB or any sample agreement document that may be in variance or conflict with these General Terms and Conditions shall have precedence over these General Terms and Conditions. If no changes or deletions to General Conditions are made in the Special Conditions, then the General Terms and Conditions shall prevail in their entirety. 3.1 FAMILIARITY AND COMPLIANCE WITH LAWS, LEGAL CONDITIONS CODES AND REGULATIONS: Before submitting a bid for this ITB, bidders shall familiarize themselves and comply with all federal, state, and local laws, including the hours of labor on municipal work in the State of Florida, the Charter of the City of Boynton, all ordinances, and regulations applicable to the services and project contemplated herein, including those applicable to conflict of interest and collusion. Bidders must familiarize themselves with all federal, state, and local laws, ordinances, codes, and regulations that may in any way affect the goods/services offered and any other applicable federal requirements now in effect or imposed in the future. Lack of knowledge by the Bidder shall not be a cause for relief from responsibility. 3.2 CONFLICT OF INTEREST The award is subject to all conflict-of-interest provisions of the City of Boynton Beach, Palm Beach County, of the State of Florida. 3.3 DISPUTES In case of any doubt or difference of opinion as to the items to be furnished hereunder, the decision of the City Manager shall be final and binding on both parties. 3.4 FEDERAL AND STATE TAX: The City of Boynton Beach is exempt from Federal and state taxes. 3.5 PURCHASE ORDER REQUIRED: The City will not accept any goods delivered or services performed unless a duly authorized purchase order has been issued for said goods and/or services. The purchase order number must appear on all invoices, packing slips, and all correspondence concerning the order. 3.6 COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH: The Proposer certifies that all material, equipment, etc., contained in this bid submission meets all O.S.H.A. requirements. Proposer further certifies that if awarded as the Consultant, and the material equipment, etc. delivered is subsequently found to be deficient in any O.S.H.A. requirement in effect on the date of delivery, all costs necessary to bring the materials, equipment, etc., into compliance with the aforementioned requirements shall be borne by the Proposer. Proposer certifies that all employees, subcontractors, agents, etc. shall comply with all O.S.H.A. and State safety regulations and requirements. 3.7 PALM BEACH COUNTY INSPECTOR GENERAL: The Bidder and, if awarded Contractor, is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of any Agreement resulting from this solicitation and, in furtherance thereof, may demand and obtain records and testimony from the Contractor and its sub-contractor and lower-tier sub-contractors. The Contractor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the Contractors or its sub-contractors or lower-tier sub-contractors to fully cooperate with the Inspector General when requested may be deemed by the municipality to be a material breach of this Agreement justifying its termination. 3.8 OTHER AGENCIES Any Agreement(s) resulting from this ITB and from this submitted bid may, upon mutual agreement, permit any municipality or other governmental agency to participate in the Agreement under the same prices, terms, and conditions if agreed to by both parties. It is understood that at no time will any city, county, municipality, or other agency be obligated to place an order for any other city, county, municipality, or agency, nor will any city, county municipality, or agency be obligated for any bills incurred by any other city, county, municipality, or agency. Further, it is understood that each agency will issue its own purchase order or contract to the awarded Bidder(s). Bid Number: 25-078B Vendor Name: Mangonia Construction Group LLC443 3.9 VENUE AND GOVERNING LAW: Any and all legal actions arising from or necessary to enforce this solicitation and resulting Agreement will be held exclusively in Palm Beach County and shall be interpreted according to the laws of Florida. 3.10 NON-DISCRIMINATION & EQUAL OPPORTUNITY EMPLOYMENT 3.10.1 The City is committed to assuring equal opportunity in awarding orders/contracts and complies with all laws prohibiting discrimination. 3.10.2 During the performance of the Agreement, the Consultant and its sub-consultants shall not discriminate against any employee or applicant for employment because of race, color, sex, including pregnancy, religion, age, national origin, ancestry, marital status, political affiliation, familial status, sexual orientation, gender identity, expression, or disability if qualified. 3.10.3 The Consultant will take affirmative action to ensure that employees and those of its sub-consultants are treated during employment, without regard to their race, color, sex, including pregnancy, religion, age, national origin, ancestry, marital status, political affiliation, familial status, sexual orientation, gender identity, expression, or disability if qualified. 3.10.4 Such actions must include, but not be limited to, the following: employment, promotion; demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. 3.10.5 The Consultant and its sub-consultants shall agree to post in conspicuous places, available to its employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. 3.10.6 The Consultant further agrees that they will ensure that all sub-consultants, if any, will be made aware of and will comply with this nondiscrimination clause. 3.10.7 The Consultant understands and agrees that a material violation of this section shall be considered a material breach of this solicitation and the resulting agreement/contract and may result in termination of the agreement/contract, disqualification, or debarment of the company from participating in City contracts, or other sanctions. 3.11 INDEPENDENT CONTRACTOR RELATIONSHIP: The Bidder and, if awarded Contractor, is, and shall be, in the performance of all work, services, and activities under this solicitation and the resulting Agreement, an independent Contractor and not an employee or agent of the City. All persons engaged in any of the work or services performed pursuant to the Agreement shall, at all times and in all places, be subject to the Contractor's sole direction, supervision, and control. The Contractor shall exercise control over the means and manner in which it and its employees perform the work, and in all respects, the Contractor’s relationship, and the relationship of its employees, to the City shall be that of an independent contractor and not as employees or agents of the City. 3.12 OMISSION OF DETAILS Omission of any essential details from the terms or specifications contained herein will not relieve the responding Contractor of supplying such product(s) or service as specified. 3.13 LEGAL EXPENSES: The City shall not be liable to a Bidder for any legal fees, court costs, or other legal expenses arising from the interpretation or enforcement of the Agreement, or any other matter generated by or relating to the Agreement. 3.14 NO THIRD-PARTY BENEFICIARIES: No provision of this ITB or agreement/contract to follow with a contractor 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 the agreement/contract, including but not limited to any citizen or employees of the City and/or Bidder. 3.15 SCRUTINIZED COMPANIES: By submission of a bid submission for this solicitation, Consultant, its principals, or owners, certify that they are not listed on the Scrutinized Companies that Boycott Israel List, Scrutinized Companies with Activities in Sudan List, Scrutinized Companies with Activities in the Iran Terrorism Energy Sector List, or is engaged in business operations with Syria. In accordance with Section 287.135, Florida Statutes, as amended, a company is ineligible to, and may not, bid on, submit a bid for, or enter into or renew a contract with any agency or local governmental entity for goods or services of: Any amount of, at the time bidding on, submitting a bid for, or entering into or renewing such Agreement, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a boycott of Israel; or One million dollars or more if, at the time of bidding on, submitting a bid for, or entering into or renewing such Contract, the company: Is on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Terrorism Energy Sector List, created pursuant to Section 215.473, Florida Statutes, or is engaged in business operations in Syria. 3.16 NON-EXCLUSIVE Bid Number: 25-078B Vendor Name: Mangonia Construction Group LLC444 As may be applicable, the City reserves the right to acquire some or all of these goods and services through a State of Florida contract pursuant to the City’s Procurement Policy, provided the State of Florida contract offers a lower price for the same goods and services. This reservation applies both to the initial award of this solicitation and to acquisition after an agreement/contract may be awarded. Additionally, the City reserves the right to award other agreements for goods and services falling within the scope of this solicitation and resultant Agreement when the specifications differ from this solicitation or resultant Agreement, or for goods and services specified in this solicitation when the scope substantially differs from this solicitation or resultant Agreement. 3.17 ENDORSEMENTS No endorsements by the City of the goods and/or services will be used by the Proposer in any way, manner, or form. This includes the City logo on websites or other advertising materials. 3.18 DRUG-FREE WORKPLACE The Contractor shall implement and maintain a drug-free workplace program of at least the following items: 3.18.1 Publish a statement notifying employees that 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. 3.18.2 Inform employees about the dangers of drug abuse in the workplace, the Bidder’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. 3.18.3 Give each employee engaged in providing the services that are under contract a copy of the statement specified in Item A above. 3.18.4 In the statement specified in Item A above, notify the employees that, as a condition of providing the services that are under contract, the employee will abide by the terms of the statement and will notify the Proposer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893, Florida Statutes, 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) calendar days after such conviction or plea. 3.18.5 Impose a sanction on or require satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee's community, for any employee who is so convicted or so pleads. 3.18.6 Make a good faith effort to continue to maintain a drug-free workplace through the implementation of Section 287.087, Florida Statutes. 3.19 PROHIBITED TELECOMMUNICATIONS EQUIPMENT Bidder represents and certifies that Bidder and all Sub-contractors do not use any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system or as critical technology as part of any system, as such terms are used in 48 CFR §§ 52.204-24 through 52.204-26. Proposer represents and certifies that Proposer and all Sub-consultants shall not provide or use such covered telecommunications equipment, system, or services during the Term. 3.20 RIGHTS IN DATA Except if otherwise agreed to in writing, the City shall have exclusive ownership of, all proprietary interest in, and the right to full and exclusive possession of all information, materials, and documents discovered or produced by Proposer pursuant to the terms of this solicitation, including but not limited to reports, memoranda or letters concerning the research and reporting tasks required. 3.21 DOCUMENTATION OF COSTS All costs submitted shall be supported by properly executed payrolls, time records, invoices, vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the resulting contract/agreement shall be clearly identified and regularly accessible and provided to the City upon request. 3.22 PUBLIC RECORDS Sealed documents received by the City in response to an Invitation to Bid are exempt from public records disclosure unless they are subject to Florida Statute 255.0518 until thirty (30) calendar days after the opening of the ITB unless the City announces intent to award sooner, in accordance with Florida Statutes 119.071. The Consultant agrees that copies of any and all property, work product, documentation, reports, computer systems and software, schedules, graphs, outlines, books, manuals, logs, files, deliverables, photographs, videos, tape recordings, or data relating to the Agreement which have been created as a part of the vendor's services or authorized by the City as a reimbursable expense, whether generated directly by the Consultant, or by or in conjunction or consultation with any other party whether or not a party to the Agreement, whether or not in privity of contract with the City or the Consultant, and wherever located shall be the property of the City. Any material submitted in response to this solicitation is considered a public document in accordance with Section 119.07, F.S. All Bid Number: 25-078B Vendor Name: Mangonia Construction Group LLC445 submitted information that the responding Proposer believes to be confidential and exempt from disclosure (i.e., a trade secret or as provided for in Section 119.07, Chapter 688, and Section 812.081, F.S.) must be specifically identified as such. Upon receipt of a public records request for such information, a determination will be made as to whether the identified information is, in fact, confidential. The City is a public agency subject to Chapter 119, Florida Statutes. The Consultant shall comply with Florida’s Public Records Law. Specifically, the Consultant shall: A. Keep and maintain public records required by the City to perform the service. B. Upon request from the City’s custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Fla. Stat. or as otherwise provided by law. C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the Agreement, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Consultant transfers the records in its possession to the City; and D. Upon completion of the Agreement, the Contractor shall transfer to the City, at no cost to the City, all public records in the Contractor’s possession. All records stored electronically by the Contractor must be provided to the City, upon request from the City’s custodian of public records, in a format that is compatible with the information technology systems of the City. E. Failure of the Contractor to comply with the requirements of this Section and other applicable requirements of state or federal law shall be a material breach of the resulting Agreement. The City shall have the right to exercise all remedies available to it for breach of agreement/contract, including but not limited to the right to terminate for cause. 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: CITY CLERK’S OFFICE 100 EAST OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33435 561-742-6060 CityClerk@bbfl.us 3.23 SOVEREIGN IMMUNITY Nothing contained herein is intended to serve as a waiver of sovereign immunity by the City or as a waiver of limits of liability or rights the City may have under the doctrine of sovereign immunity or under Section 768.28, Florida Statutes. I/We have the authority to bind the Company and submit this Bid on behalf of the Bidder. - Gabriel Mashraghi, Owner, Mangonia Construction Group LLC The bidder shall declare any potential or actual conflict of interest that could arise from Bidding on this Bid. Do you have a conflict of interest? Yes No The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document Please check the box in the column "I have reviewed this addendum" below to acknowledge each of the addenda. File Name I have reviewed the below addendum and attachments (if applicable) Pages 25-078B Pioneer Canal Park Boat Ramp and Driveway Reconfiguration Project Wed September 24 2025 04:01 PM 2 Bid Number: 25-078B Vendor Name: Mangonia Construction Group LLC446 Bid Number: 25-078B Vendor Name: Mangonia Construction Group LLC447 448 449 450 451 452 453 State of ___________________ ) County of __________________ ) On this ______ day of __________________, before me personally appeared ____________________, of Merchants Bonding Company, who being sworn, stated that he/she is Attorney-In-Fact for the surety and that he/she signed this instrument for the surety. ________________________________________________ , Notary Public My commission expires: ____________________________ RE: Principal: __________________________________________________________________ Current Bonding Limits: ____________________ single, ____________________ aggregate Providing Surety Needs Since:_______________ We are pleased to write to you concerning the above principal. We would anticipate no problems providing the customary performance and payment bonds for their normal scope of work should they enter into a written contract. The surety for this principal, Merchants Bonding Company is an AM Best rated “A IX” company and is an admitted surety in all states. Merchants Bonding Company also appears on the U.S. Treasury list of approved companies. Although this principal has our highest recommendation, execution of any final bonds would be subject to a review of the contract terms and conditions, including any requested bond forms, and also their current financial standing at the time of the request. This letter is written for no consideration and is not a legally binding document or commitment to provide future bonds. Please contact us with any concerns or if we can be of further service. ACKNOWLEDGMENT OF SURETY MER CHAN� BONDING COMPANYr. street 6700 Westown Parkway West Des Moines, IA 50266-7754 mailing P.O. Box 14498 Des Moines, IA 50306-3498 toll free 800.678.8171 local 515.243.8171 fax 515.243.3854 email info@merchantsbonding.com website merchantsbonding.com $1,000,000 September, 2025 MANGONIA CONSTRUCTION GROUP LLC $1,000,000 24th 2025 September 24, 2025 454 POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa, and MERCHANTS NATIONAL INDEMNITY COMPANY , an assumed name of Merchants National Bonding, Inc., (herein collectively called the “Companies”) do hereby make, constitute and appoint, individually, their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the By-Laws adopted by the Board of Directors of the Companies. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof.” “The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship o obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this day of , . MERCHANTS BONDING COMPANY (MUTUAL) MERCHANTS NATIONAL BONDING, INC. MERCHANTS NATIONAL INDEMNITY COMPANY By STATE OF IOWA COUNTY OF DALLAS ss. On this day of , before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL), MERCHANTS NATIONAL BONDING, INC., and MERCHANTS NATIONAL INDEMNITY COMPANY; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. Notary Public (Expiration of notary’s commission does not invalidate this instrument) I, Elisabeth Sandersfeld, Secretary of MERCHANTS BONDING COMPANY (MUTUAL), MERCHANTS NATIONAL BONDING, INC., and MERCHANTS NATIONAL INDEMNITY COMPANY do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF- ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this day of , . Secretary POA 0018 (5/25) President their respective Be Be Be Be Be Be Be Be Be Be Boaroaroaroards of Directors. NotNotNotNotNotNotNotNotNotNotNotNotNotNotNotNotNotaryaryaryaryaryaryaryaryaryaryaryary Pu Pu Pu Pu Pu Pu Pu Publiblibliblibliblibliblicccc 24th 24th 24th 2025 2025 2025 September September September 455 AFFIDAVIT OF COMPLIANCE WITH FOREIGN ENTITY LAWS TO BE COMPLETED AND UPLOADED ONLINE The undersigned, on behalf of the entity listed below ("Entity"), hereby attests under penalty of perjury as follows: 1. Entity is not owned by the government of a foreign country of concern as defined in Section 287.138, Florida Statutes. (Source: § 287.138(2)(a), Florida Statutes) 2. The government of a foreign country of concern does not have a controlling interest in Entity. (Source: §287.138(2)(b), Florida Statutes) 3. Entity is not organized under the laws of, and does not have a principal place of business in, a foreign country of concern. (Source:§ 287.138(2)(c), Florida Statutes) 4. The undersigned is authorized to execute this affidavit on behalf of Entity I Date: 9/16 20...25... ---------' Signed:---+-~~.,,_ ______ _ Entity: Mangonia Constmctian Gco11p 11 C Name: Gabriel Masbragbi Title: Owner ~6AJ~~FO~~ The foregoing inst\{Qnt was a now edged before me, by mea9!!){physical presence or D on line notarization, this day of ~~M·:cµn:r;:d., 20~, by l;JW,,, MM\¥ , as --tMJ~◄r,tt,H---v_..,..~--r~------for ~~'-'n~~~~.i3CJ~tltE~~11intil}it.~~:=-;~-::;-::::-:--' who is personally known to me or as identification. Notary Pubr • Print Name: 2..lw!31.UOl!l..__-'~-..l""°"~,,11-:1~--- PAOLA E. VALERO Notary Public, State of Florida Commission# HH 459707 My oonvn. expires Oct 30, 'l02J State of Florida at Large (Seal) My commission expires: ID/cfJW] 456 457 458 459 Form W-9 (Rev. March 2024) Request for Taxpayer Identification Number and Certification Department of the Treasury Internal Revenue Service Go to www.irs.gov/FormW9 for instructions and the latest information. Give form to the requester. Do not send to the IRS. Before you begin. For guidance related to the purpose of Form W-9, see Purpose of Form, below.Print or type. See Specific Instructions on page 3.1 Name of entity/individual. An entry is required. (For a sole proprietor or disregarded entity, enter the owner’s name on line 1, and enter the business/disregarded entity’s name on line 2.) 2 Business name/disregarded entity name, if different from above. 3a Check the appropriate box for federal tax classification of the entity/individual whose name is entered on line 1. Check only one of the following seven boxes. Individual/sole proprietor C corporation S corporation Partnership Trust/estate LLC. Enter the tax classification (C = C corporation, S = S corporation, P = Partnership) .... Note: Check the “LLC” box above and, in the entry space, enter the appropriate code (C, S, or P) for the tax classification of the LLC, unless it is a disregarded entity. A disregarded entity should instead check the appropriate box for the tax classification of its owner. Other (see instructions) 3b If on line 3a you checked “Partnership” or “Trust/estate,” or checked “LLC” and entered “P” as its tax classification, and you are providing this form to a partnership, trust, or estate in which you have an ownership interest, check this box if you have any foreign partners, owners, or beneficiaries. See instructions ......... 4 Exemptions (codes apply only to certain entities, not individuals; see instructions on page 3): Exempt payee code (if any) Exemption from Foreign Account Tax Compliance Act (FATCA) reporting code (if any) (Applies to accounts maintained outside the United States.) 5 Address (number, street, and apt. or suite no.). See instructions. 6 City, state, and ZIP code Requester’s name and address (optional) 7 List account number(s) here (optional) Part I Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later. Note: If the account is in more than one name, see the instructions for line 1. See also What Name and Number To Give the Requester for guidelines on whose number to enter. Social security number –– or Employer identification number – Part II Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. I am not subject to backup withholding because (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. I am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and, generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later. Sign Here Signature of U.S. person Date General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9. What’s New Line 3a has been modified to clarify how a disregarded entity completes this line. An LLC that is a disregarded entity should check the appropriate box for the tax classification of its owner. Otherwise, it should check the “LLC” box and enter its appropriate tax classification. New line 3b has been added to this form. A flow-through entity is required to complete this line to indicate that it has direct or indirect foreign partners, owners, or beneficiaries when it provides the Form W-9 to another flow-through entity in which it has an ownership interest. This change is intended to provide a flow-through entity with information regarding the status of its indirect foreign partners, owners, or beneficiaries, so that it can satisfy any applicable reporting requirements. For example, a partnership that has any indirect foreign partners may be required to complete Schedules K-2 and K-3. See the Partnership Instructions for Schedules K-2 and K-3 (Form 1065). Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS is giving you this form because they Cat. No. 10231X Form W-9 (Rev. 3-2024) 460 Form W-9 (Rev. 3-2024)Page 2 must obtain your correct taxpayer identification number (TIN), which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. • Form 1099-INT (interest earned or paid). • Form 1099-DIV (dividends, including those from stocks or mutual funds). • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds). • Form 1099-NEC (nonemployee compensation). • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers). • Form 1099-S (proceeds from real estate transactions). • Form 1099-K (merchant card and third-party network transactions). • Form 1098 (home mortgage interest), 1098-E (student loan interest), and 1098-T (tuition). • Form 1099-C (canceled debt). • Form 1099-A (acquisition or abandonment of secured property). Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. Caution: If you don’t return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later. By signing the filled-out form, you: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued); 2. Certify that you are not subject to backup withholding; or 3. Claim exemption from backup withholding if you are a U.S. exempt payee; and 4. Certify to your non-foreign status for purposes of withholding under chapter 3 or 4 of the Code (if applicable); and 5. Certify that FATCA code(s) entered on this form (if any) indicating that you are exempt from the FATCA reporting is correct. See What Is FATCA Reporting, later, for further information. Note: If you are a U.S. person and a requester gives you a form other than Form W-9 to request your TIN, you must use the requester’s form if it is substantially similar to this Form W-9. Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are: • An individual who is a U.S. citizen or U.S. resident alien; • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States; • An estate (other than a foreign estate); or • A domestic trust (as defined in Regulations section 301.7701-7). Establishing U.S. status for purposes of chapter 3 and chapter 4 withholding. Payments made to foreign persons, including certain distributions, allocations of income, or transfers of sales proceeds, may be subject to withholding under chapter 3 or chapter 4 of the Code (sections 1441–1474). Under those rules, if a Form W-9 or other certification of non-foreign status has not been received, a withholding agent, transferee, or partnership (payor) generally applies presumption rules that may require the payor to withhold applicable tax from the recipient, owner, transferor, or partner (payee). See Pub. 515, Withholding of Tax on Nonresident Aliens and Foreign Entities. The following persons must provide Form W-9 to the payor for purposes of establishing its non-foreign status. • In the case of a disregarded entity with a U.S. owner, the U.S. owner of the disregarded entity and not the disregarded entity. • In the case of a grantor trust with a U.S. grantor or other U.S. owner, generally, the U.S. grantor or other U.S. owner of the grantor trust and not the grantor trust. • In the case of a U.S. trust (other than a grantor trust), the U.S. trust and not the beneficiaries of the trust. See Pub. 515 for more information on providing a Form W-9 or a certification of non-foreign status to avoid withholding. Foreign person. If you are a foreign person or the U.S. branch of a foreign bank that has elected to be treated as a U.S. person (under Regulations section 1.1441-1(b)(2)(iv) or other applicable section for chapter 3 or 4 purposes), do not use Form W-9. Instead, use the appropriate Form W-8 or Form 8233 (see Pub. 515). If you are a qualified foreign pension fund under Regulations section 1.897(l)-1(d), or a partnership that is wholly owned by qualified foreign pension funds, that is treated as a non-foreign person for purposes of section 1445 withholding, do not use Form W-9. Instead, use Form W-8EXP (or other certification of non-foreign status). Nonresident alien who becomes a resident alien. Generally, only a nonresident alien individual may use the terms of a tax treaty to reduce or eliminate U.S. tax on certain types of income. However, most tax treaties contain a provision known as a saving clause. Exceptions specified in the saving clause may permit an exemption from tax to continue for certain types of income even after the payee has otherwise become a U.S. resident alien for tax purposes. If you are a U.S. resident alien who is relying on an exception contained in the saving clause of a tax treaty to claim an exemption from U.S. tax on certain types of income, you must attach a statement to Form W-9 that specifies the following five items. 1. The treaty country. Generally, this must be the same treaty under which you claimed exemption from tax as a nonresident alien. 2. The treaty article addressing the income. 3. The article number (or location) in the tax treaty that contains the saving clause and its exceptions. 4. The type and amount of income that qualifies for the exemption from tax. 5. Sufficient facts to justify the exemption from tax under the terms of the treaty article. Example. Article 20 of the U.S.-China income tax treaty allows an exemption from tax for scholarship income received by a Chinese student temporarily present in the United States. Under U.S. law, this student will become a resident alien for tax purposes if their stay in the United States exceeds 5 calendar years. However, paragraph 2 of the first Protocol to the U.S.-China treaty (dated April 30, 1984) allows the provisions of Article 20 to continue to apply even after the Chinese student becomes a resident alien of the United States. A Chinese student who qualifies for this exception (under paragraph 2 of the first Protocol) and is relying on this exception to claim an exemption from tax on their scholarship or fellowship income would attach to Form W-9 a statement that includes the information described above to support that exemption. If you are a nonresident alien or a foreign entity, give the requester the appropriate completed Form W-8 or Form 8233. Backup Withholding What is backup withholding? Persons making certain payments to you must under certain conditions withhold and pay to the IRS 24% of such payments. This is called “backup withholding.” Payments that may be subject to backup withholding include, but are not limited to, interest, tax-exempt interest, dividends, broker and barter exchange transactions, rents, royalties, nonemployee pay, payments made in settlement of payment card and third-party network transactions, and certain payments from fishing boat operators. Real estate transactions are not subject to backup withholding. You will not be subject to backup withholding on payments you receive if you give the requester your correct TIN, make the proper certifications, and report all your taxable interest and dividends on your tax return. Payments you receive will be subject to backup withholding if: 1. You do not furnish your TIN to the requester; 2. You do not certify your TIN when required (see the instructions for Part II for details); 3. The IRS tells the requester that you furnished an incorrect TIN; 4. The IRS tells you that you are subject to backup withholding because you did not report all your interest and dividends on your tax return (for reportable interest and dividends only); or 5. You do not certify to the requester that you are not subject to backup withholding, as described in item 4 under “By signing the filled- out form” above (for reportable interest and dividend accounts opened after 1983 only). 461 Form W-9 (Rev. 3-2024)Page 3 Certain payees and payments are exempt from backup withholding. See Exempt payee code, later, and the separate Instructions for the Requester of Form W-9 for more information. See also Establishing U.S. status for purposes of chapter 3 and chapter 4 withholding, earlier. What Is FATCA Reporting? The Foreign Account Tax Compliance Act (FATCA) requires a participating foreign financial institution to report all U.S. account holders that are specified U.S. persons. Certain payees are exempt from FATCA reporting. See Exemption from FATCA reporting code, later, and the Instructions for the Requester of Form W-9 for more information. Updating Your Information You must provide updated information to any person to whom you claimed to be an exempt payee if you are no longer an exempt payee and anticipate receiving reportable payments in the future from this person. For example, you may need to provide updated information if you are a C corporation that elects to be an S corporation, or if you are no longer tax exempt. In addition, you must furnish a new Form W-9 if the name or TIN changes for the account, for example, if the grantor of a grantor trust dies. Penalties Failure to furnish TIN. If you fail to furnish your correct TIN to a requester, you are subject to a penalty of $50 for each such failure unless your failure is due to reasonable cause and not to willful neglect. Civil penalty for false information with respect to withholding. If you make a false statement with no reasonable basis that results in no backup withholding, you are subject to a $500 penalty. Criminal penalty for falsifying information. Willfully falsifying certifications or affirmations may subject you to criminal penalties including fines and/or imprisonment. Misuse of TINs. If the requester discloses or uses TINs in violation of federal law, the requester may be subject to civil and criminal penalties. Specific Instructions Line 1 You must enter one of the following on this line; do not leave this line blank. The name should match the name on your tax return. If this Form W-9 is for a joint account (other than an account maintained by a foreign financial institution (FFI)), list first, and then circle, the name of the person or entity whose number you entered in Part I of Form W-9. If you are providing Form W-9 to an FFI to document a joint account, each holder of the account that is a U.S. person must provide a Form W-9. • Individual. Generally, enter the name shown on your tax return. If you have changed your last name without informing the Social Security Administration (SSA) of the name change, enter your first name, the last name as shown on your social security card, and your new last name. Note for ITIN applicant: Enter your individual name as it was entered on your Form W-7 application, line 1a. This should also be the same as the name you entered on the Form 1040 you filed with your application. • Sole proprietor. Enter your individual name as shown on your Form 1040 on line 1. Enter your business, trade, or “doing business as” (DBA) name on line 2. • Partnership, C corporation, S corporation, or LLC, other than a disregarded entity. Enter the entity’s name as shown on the entity’s tax return on line 1 and any business, trade, or DBA name on line 2. • Other entities. Enter your name as shown on required U.S. federal tax documents on line 1. This name should match the name shown on the charter or other legal document creating the entity. Enter any business, trade, or DBA name on line 2. • Disregarded entity. In general, a business entity that has a single owner, including an LLC, and is not a corporation, is disregarded as an entity separate from its owner (a disregarded entity). See Regulations section 301.7701-2(c)(2). A disregarded entity should check the appropriate box for the tax classification of its owner. Enter the owner’s name on line 1. The name of the owner entered on line 1 should never be a disregarded entity. The name on line 1 should be the name shown on the income tax return on which the income should be reported. For example, if a foreign LLC that is treated as a disregarded entity for U.S. federal tax purposes has a single owner that is a U.S. person, the U.S. owner’s name is required to be provided on line 1. If the direct owner of the entity is also a disregarded entity, enter the first owner that is not disregarded for federal tax purposes. Enter the disregarded entity’s name on line 2. If the owner of the disregarded entity is a foreign person, the owner must complete an appropriate Form W-8 instead of a Form W-9. This is the case even if the foreign person has a U.S. TIN. Line 2 If you have a business name, trade name, DBA name, or disregarded entity name, enter it on line 2. Line 3a Check the appropriate box on line 3a for the U.S. federal tax classification of the person whose name is entered on line 1. Check only one box on line 3a. IF the entity/individual on line 1 is a(n) . . . THEN check the box for . . . • Corporation Corporation. • Individual or • Sole proprietorship Individual/sole proprietor. • LLC classified as a partnership for U.S. federal tax purposes or • LLC that has filed Form 8832 or 2553 electing to be taxed as a corporation Limited liability company and enter the appropriate tax classification: P = Partnership, C = C corporation, or S = S corporation. • Partnership Partnership. • Trust/estate Trust/estate. Line 3b Check this box if you are a partnership (including an LLC classified as a partnership for U.S. federal tax purposes), trust, or estate that has any foreign partners, owners, or beneficiaries, and you are providing this form to a partnership, trust, or estate, in which you have an ownership interest. You must check the box on line 3b if you receive a Form W-8 (or documentary evidence) from any partner, owner, or beneficiary establishing foreign status or if you receive a Form W-9 from any partner, owner, or beneficiary that has checked the box on line 3b. Note: A partnership that provides a Form W-9 and checks box 3b may be required to complete Schedules K-2 and K-3 (Form 1065). For more information, see the Partnership Instructions for Schedules K-2 and K-3 (Form 1065). If you are required to complete line 3b but fail to do so, you may not receive the information necessary to file a correct information return with the IRS or furnish a correct payee statement to your partners or beneficiaries. See, for example, sections 6698, 6722, and 6724 for penalties that may apply. Line 4 Exemptions If you are exempt from backup withholding and/or FATCA reporting, enter in the appropriate space on line 4 any code(s) that may apply to you. Exempt payee code. • Generally, individuals (including sole proprietors) are not exempt from backup withholding. • Except as provided below, corporations are exempt from backup withholding for certain payments, including interest and dividends. • Corporations are not exempt from backup withholding for payments made in settlement of payment card or third-party network transactions. • Corporations are not exempt from backup withholding with respect to attorneys’ fees or gross proceeds paid to attorneys, and corporations that provide medical or health care services are not exempt with respect to payments reportable on Form 1099-MISC. The following codes identify payees that are exempt from backup withholding. Enter the appropriate code in the space on line 4. 1—An organization exempt from tax under section 501(a), any IRA, or a custodial account under section 403(b)(7) if the account satisfies the requirements of section 401(f)(2). 462 Form W-9 (Rev. 3-2024)Page 4 2—The United States or any of its agencies or instrumentalities. 3—A state, the District of Columbia, a U.S. commonwealth or territory, or any of their political subdivisions or instrumentalities. 4—A foreign government or any of its political subdivisions, agencies, or instrumentalities. 5—A corporation. 6—A dealer in securities or commodities required to register in the United States, the District of Columbia, or a U.S. commonwealth or territory. 7—A futures commission merchant registered with the Commodity Futures Trading Commission. 8—A real estate investment trust. 9—An entity registered at all times during the tax year under the Investment Company Act of 1940. 10—A common trust fund operated by a bank under section 584(a). 11—A financial institution as defined under section 581. 12—A middleman known in the investment community as a nominee or custodian. 13—A trust exempt from tax under section 664 or described in section 4947. The following chart shows types of payments that may be exempt from backup withholding. The chart applies to the exempt payees listed above, 1 through 13. IF the payment is for . . .THEN the payment is exempt for . . . • Interest and dividend payments All exempt payees except for 7. • Broker transactions Exempt payees 1 through 4 and 6 through 11 and all C corporations. S corporations must not enter an exempt payee code because they are exempt only for sales of noncovered securities acquired prior to 2012. • Barter exchange transactions and patronage dividends Exempt payees 1 through 4. • Payments over $600 required to be reported and direct sales over $5,0001 Generally, exempt payees 1 through 5.2 • Payments made in settlement of payment card or third-party network transactions Exempt payees 1 through 4. 1 See Form 1099-MISC, Miscellaneous Information, and its instructions. 2 However, the following payments made to a corporation and reportable on Form 1099-MISC are not exempt from backup withholding: medical and health care payments, attorneys’ fees, gross proceeds paid to an attorney reportable under section 6045(f), and payments for services paid by a federal executive agency. Exemption from FATCA reporting code. The following codes identify payees that are exempt from reporting under FATCA. These codes apply to persons submitting this form for accounts maintained outside of the United States by certain foreign financial institutions. Therefore, if you are only submitting this form for an account you hold in the United States, you may leave this field blank. Consult with the person requesting this form if you are uncertain if the financial institution is subject to these requirements. A requester may indicate that a code is not required by providing you with a Form W-9 with “Not Applicable” (or any similar indication) entered on the line for a FATCA exemption code. A—An organization exempt from tax under section 501(a) or any individual retirement plan as defined in section 7701(a)(37). B—The United States or any of its agencies or instrumentalities. C—A state, the District of Columbia, a U.S. commonwealth or territory, or any of their political subdivisions or instrumentalities. D—A corporation the stock of which is regularly traded on one or more established securities markets, as described in Regulations section 1.1472-1(c)(1)(i). E—A corporation that is a member of the same expanded affiliated group as a corporation described in Regulations section 1.1472-1(c)(1)(i). F—A dealer in securities, commodities, or derivative financial instruments (including notional principal contracts, futures, forwards, and options) that is registered as such under the laws of the United States or any state. G—A real estate investment trust. H—A regulated investment company as defined in section 851 or an entity registered at all times during the tax year under the Investment Company Act of 1940. I—A common trust fund as defined in section 584(a). J—A bank as defined in section 581. K—A broker. L—A trust exempt from tax under section 664 or described in section 4947(a)(1). M—A tax-exempt trust under a section 403(b) plan or section 457(g) plan. Note: You may wish to consult with the financial institution requesting this form to determine whether the FATCA code and/or exempt payee code should be completed. Line 5 Enter your address (number, street, and apartment or suite number). This is where the requester of this Form W-9 will mail your information returns. If this address differs from the one the requester already has on file, enter “NEW” at the top. If a new address is provided, there is still a chance the old address will be used until the payor changes your address in their records. Line 6 Enter your city, state, and ZIP code. Part I. Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. If you are a resident alien and you do not have, and are not eligible to get, an SSN, your TIN is your IRS ITIN. Enter it in the entry space for the Social security number. If you do not have an ITIN, see How to get a TIN below. If you are a sole proprietor and you have an EIN, you may enter either your SSN or EIN. If you are a single-member LLC that is disregarded as an entity separate from its owner, enter the owner’s SSN (or EIN, if the owner has one). If the LLC is classified as a corporation or partnership, enter the entity’s EIN. Note: See What Name and Number To Give the Requester, later, for further clarification of name and TIN combinations. How to get a TIN. If you do not have a TIN, apply for one immediately. To apply for an SSN, get Form SS-5, Application for a Social Security Card, from your local SSA office or get this form online at www.SSA.gov. You may also get this form by calling 800-772-1213. Use Form W-7, Application for IRS Individual Taxpayer Identification Number, to apply for an ITIN, or Form SS-4, Application for Employer Identification Number, to apply for an EIN. You can apply for an EIN online by accessing the IRS website at www.irs.gov/EIN. Go to www.irs.gov/Forms to view, download, or print Form W-7 and/or Form SS-4. Or, you can go to www.irs.gov/OrderForms to place an order and have Form W-7 and/or Form SS-4 mailed to you within 15 business days. If you are asked to complete Form W-9 but do not have a TIN, apply for a TIN and enter “Applied For” in the space for the TIN, sign and date the form, and give it to the requester. For interest and dividend payments, and certain payments made with respect to readily tradable instruments, you will generally have 60 days to get a TIN and give it to the requester before you are subject to backup withholding on payments. The 60-day rule does not apply to other types of payments. You will be subject to backup withholding on all such payments until you provide your TIN to the requester. Note: Entering “Applied For” means that you have already applied for a TIN or that you intend to apply for one soon. See also Establishing U.S. status for purposes of chapter 3 and chapter 4 withholding, earlier, for when you may instead be subject to withholding under chapter 3 or 4 of the Code. Caution: A disregarded U.S. entity that has a foreign owner must use the appropriate Form W-8. 463 Form W-9 (Rev. 3-2024)Page 5 Part II. Certification To establish to the withholding agent that you are a U.S. person, or resident alien, sign Form W-9. You may be requested to sign by the withholding agent even if item 1, 4, or 5 below indicates otherwise. For a joint account, only the person whose TIN is shown in Part I should sign (when required). In the case of a disregarded entity, the person identified on line 1 must sign. Exempt payees, see Exempt payee code, earlier. Signature requirements. Complete the certification as indicated in items 1 through 5 below. 1. Interest, dividend, and barter exchange accounts opened before 1984 and broker accounts considered active during 1983. You must give your correct TIN, but you do not have to sign the certification. 2. Interest, dividend, broker, and barter exchange accounts opened after 1983 and broker accounts considered inactive during 1983. You must sign the certification or backup withholding will apply. If you are subject to backup withholding and you are merely providing your correct TIN to the requester, you must cross out item 2 in the certification before signing the form. 3. Real estate transactions. You must sign the certification. You may cross out item 2 of the certification. 4. Other payments. You must give your correct TIN, but you do not have to sign the certification unless you have been notified that you have previously given an incorrect TIN. “Other payments” include payments made in the course of the requester’s trade or business for rents, royalties, goods (other than bills for merchandise), medical and health care services (including payments to corporations), payments to a nonemployee for services, payments made in settlement of payment card and third-party network transactions, payments to certain fishing boat crew members and fishermen, and gross proceeds paid to attorneys (including payments to corporations). 5. Mortgage interest paid by you, acquisition or abandonment of secured property, cancellation of debt, qualified tuition program payments (under section 529), ABLE accounts (under section 529A), IRA, Coverdell ESA, Archer MSA or HSA contributions or distributions, and pension distributions. You must give your correct TIN, but you do not have to sign the certification. What Name and Number To Give the Requester For this type of account:Give name and SSN of: 1. Individual The individual 2. Two or more individuals (joint account) other than an account maintained by an FFI The actual owner of the account or, if combined funds, the first individual on the account1 3. Two or more U.S. persons (joint account maintained by an FFI) Each holder of the account 4. Custodial account of a minor (Uniform Gift to Minors Act) The minor2 5. a. The usual revocable savings trust (grantor is also trustee) The grantor-trustee1 b. So-called trust account that is not a legal or valid trust under state law The actual owner1 6. Sole proprietorship or disregarded entity owned by an individual The owner3 7. Grantor trust filing under Optional Filing Method 1 (see Regulations section 1.671-4(b)(2)(i)(A))** The grantor* For this type of account:Give name and EIN of: 8. Disregarded entity not owned by an individual The owner 9. A valid trust, estate, or pension trust Legal entity4 10. Corporation or LLC electing corporate status on Form 8832 or Form 2553 The corporation 11. Association, club, religious, charitable, educational, or other tax-exempt organization The organization 12. Partnership or multi-member LLC The partnership 13. A broker or registered nominee The broker or nominee 14. Account with the Department of Agriculture in the name of a public entity (such as a state or local government, school district, or prison) that receives agricultural program payments The public entity 15. Grantor trust filing Form 1041 or under the Optional Filing Method 2, requiring Form 1099 (see Regulations section 1.671-4(b)(2)(i)(B))** The trust 1 List first and circle the name of the person whose number you furnish. If only one person on a joint account has an SSN, that person’s number must be furnished. 2 Circle the minor’s name and furnish the minor’s SSN. 3 You must show your individual name on line 1, and enter your business or DBA name, if any, on line 2. You may use either your SSN or EIN (if you have one), but the IRS encourages you to use your SSN. 4 List first and circle the name of the trust, estate, or pension trust. (Do not furnish the TIN of the personal representative or trustee unless the legal entity itself is not designated in the account title.) * Note: The grantor must also provide a Form W-9 to the trustee of the trust. ** For more information on optional filing methods for grantor trusts, see the Instructions for Form 1041. Note: If no name is circled when more than one name is listed, the number will be considered to be that of the first name listed. Secure Your Tax Records From Identity Theft Identity theft occurs when someone uses your personal information, such as your name, SSN, or other identifying information, without your permission to commit fraud or other crimes. An identity thief may use your SSN to get a job or may file a tax return using your SSN to receive a refund. To reduce your risk: • Protect your SSN, • Ensure your employer is protecting your SSN, and • Be careful when choosing a tax return preparer. If your tax records are affected by identity theft and you receive a notice from the IRS, respond right away to the name and phone number printed on the IRS notice or letter. If your tax records are not currently affected by identity theft but you think you are at risk due to a lost or stolen purse or wallet, questionable credit card activity, or a questionable credit report, contact the IRS Identity Theft Hotline at 800-908-4490 or submit Form 14039. For more information, see Pub. 5027, Identity Theft Information for Taxpayers. 464 Form W-9 (Rev. 3-2024)Page 6 Victims of identity theft who are experiencing economic harm or a systemic problem, or are seeking help in resolving tax problems that have not been resolved through normal channels, may be eligible for Taxpayer Advocate Service (TAS) assistance. You can reach TAS by calling the TAS toll-free case intake line at 877-777-4778 or TTY/TDD 800-829-4059. Protect yourself from suspicious emails or phishing schemes. Phishing is the creation and use of email and websites designed to mimic legitimate business emails and websites. The most common act is sending an email to a user falsely claiming to be an established legitimate enterprise in an attempt to scam the user into surrendering private information that will be used for identity theft. The IRS does not initiate contacts with taxpayers via emails. Also, the IRS does not request personal detailed information through email or ask taxpayers for the PIN numbers, passwords, or similar secret access information for their credit card, bank, or other financial accounts. If you receive an unsolicited email claiming to be from the IRS, forward this message to phishing@irs.gov. You may also report misuse of the IRS name, logo, or other IRS property to the Treasury Inspector General for Tax Administration (TIGTA) at 800-366-4484. You can forward suspicious emails to the Federal Trade Commission at spam@uce.gov or report them at www.ftc.gov/complaint. You can contact the FTC at www.ftc.gov/idtheft or 877-IDTHEFT (877-438-4338). If you have been the victim of identity theft, see www.IdentityTheft.gov and Pub. 5027. Go to www.irs.gov/IdentityTheft to learn more about identity theft and how to reduce your risk. Privacy Act Notice Section 6109 of the Internal Revenue Code requires you to provide your correct TIN to persons (including federal agencies) who are required to file information returns with the IRS to report interest, dividends, or certain other income paid to you; mortgage interest you paid; the acquisition or abandonment of secured property; the cancellation of debt; or contributions you made to an IRA, Archer MSA, or HSA. The person collecting this form uses the information on the form to file information returns with the IRS, reporting the above information. Routine uses of this information include giving it to the Department of Justice for civil and criminal litigation and to cities, states, the District of Columbia, and U.S. commonwealths and territories for use in administering their laws. The information may also be disclosed to other countries under a treaty, to federal and state agencies to enforce civil and criminal laws, or to federal law enforcement and intelligence agencies to combat terrorism. You must provide your TIN whether or not you are required to file a tax return. Under section 3406, payors must generally withhold a percentage of taxable interest, dividends, and certain other payments to a payee who does not give a TIN to the payor. Certain penalties may also apply for providing false or fraudulent information. 465 Melanie S. Griffin, SecretaryRon DeSantis, GovernorSTATE OF FLORIDADEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATIONCONSTRUCTION INDUSTRY LICENSING BOARDTHE GENERAL CONTRACTOR HEREIN IS CERTIFIED UNDER THEPROVISIONS OF CHAPTER 489, FLORIDA STATUTESMASHRAGHI, GABRIEL ADELDo not alter this document in any form.MANGONIA CONSTRUCTION GROUP LLCLICENSE NUMBER: CGC1529527EXPIRATION DATE: AUGUST 31, 2026This is your license. It is unlawful for anyone other than the licensee to use this document.225 33RD COURTWEST PALM BEACH FL 33407Always verify licenses online at MyFloridaLicense.comISSUED: 07/02/2024466 Insurance Compliance Statement Mangonia Construction Group aƯirms that prior to the commencement of any work, we will meet and maintain all insurance standards required for this project, including general liability, workers’ compensation, and any other coverage as specified in the contract documents. Certificates of insurance will be provided upon request as evidence of compliance. Best Regards, G.M Gabriel Mash Owner Mangonia Construction Group LLC 467 25-078B Pioneer Canal Park Boat Ramp and Driveway Reconfiguration Project Closing Date: Friday, September 26, 2025 Submission Summary Vendor City/Province Submission Name Unofficial Value or Notes Mangonia Construction Group LLC West Palm Beach, Florida Submission 1 $798,200.00 anzco inc Boca Raton , florida Submission 1 $867,035.00 West Construction, Inc.Lantana, Florida Submission 1 $894,211.65 Igmar Enterprises LLC Sunrise, FL Submission 1 $913,019.53 Witness (Print Name)Signature Date Witness (Print Name)Signature Date Witness (Print Name)Signature Date Andrew Rozwadowski 468 469 470 471 472 473 474 475 476 477 478 479 480 481 482 483 484 485 486 487 488 489 490 491 492 493 494 City of Boynton Beach Agenda Item Request Form 7.C Consent Bids and Purchases 11/18/2025 Meeting Date: 11/18/2025 Proposed Resolution No. R25-300- Approve the purchase of a SWAT Robot from ICOR Technology Inc., for the Police Department in the amount of $87,500, utilizing Capital Improvement Program (CIP) funds and piggybacking GSA Contract GS-07F-0430V, and authorize the Mayor to execute all necessary documents and issue a purchase order for this acquisition. Requested Action: Staff recommends approval of Proposed Resolution No. R25-300. Explanation of Request: The Police Department is requesting approval to purchase an ICOR SWAT robot in the amount of $87,500, funded through the City’s Capital Improvement Program (CIP). The acquisition of this equipment is intended to enhance officer safety, improve operational efficiency, and mitigate risks to both law enforcement personnel and civilians during critical incidents. The ICOR SWAT robot provides the capability to engage in high-risk or hazardous situations remotely, reducing the need for officers or police K9 units to enter potentially dangerous environments. The robot’s advanced surveillance, communication, and mobility features allow the SWAT team and Crisis Negotiation Unit to obtain real-time visual and audio intelligence, communicate directly with suspects or hostages, and deploy non-lethal tools when appropriate. This technology aligns with best practices recommended by the National Tactical Officers Association (NTOA) and is widely used by other local law enforcement agencies, which have reported high satisfaction with its performance. The purchase represents a proactive investment in public safety that will enhance the department’s ability to resolve volatile incidents more safely and efficiently. This purchase will be made under the Piggyback Exemption authorized by the City's Purchasing Policy. The total list price for these items is $94,205. By utilizing the GSA 495 Piggyback Contract pricing, the City will realize a cost savings of $9,842.13. Piggyback contracts provide significant value to the City of Boynton Beach by offering a cost- effective and efficient method of procurement. Leveraging contracts competitively awarded by other governmental entities allows the City to avoid issuing its own formal solicitation, which can be time-consuming and resource-intensive. This process accelerates access to needed goods and services while benefiting from favorable pricing achieved through economies of scale. Additionally, piggyback agreements utilize vendors who have already undergone a rigorous competitive evaluation, reducing administrative workload and mitigating risks associated with vendor performance. Overall, piggyback procurement streamlines operations, saves taxpayer dollars, and supports timely and effective service delivery for City departments and residents. There are no recurring yearly costs for maintenance or service. How will this affect city programs or services? Approval and acquisition of the ICOR SWAT robot will strengthen the City’s public safety programs by improving the Police Department’s tactical response capabilities while reducing risks to both officers and the community. The use of this technology will support safer resolutions to critical incidents, decrease the likelihood of injuries, and limit the City's liability exposure. Additionally, the robot’s enhanced efficiency in critical operations can lead to quicker incident resolution, which may reduce overtime costs and overall strain on departmental resources. This investment aligns with the City’s commitment to utilizing innovative technology to enhance operational effectiveness, safeguard personnel, and protect the public. Budgeted Item: Yes Account Line Item and Description: CAPITAL IMPROVEMNT FUND - GENERAL EQUIPMENT 302-4119-521-64.02 Project Code PD2603 Icor Robot. Fiscal Impact: The total cost of the ICOR SWAT robot is $87,500. Funding for this purchase was approved in the FY26 Capital Improvement Program (CIP) budget. No additional General Fund dollars are required for this acquisition. The investment is expected to yield long-term cost savings by reducing the likelihood of officer or civilian injuries, potential liability claims, and extended operational overtime associated with prolonged critical incidents. Attachments: R25-300 Agenda_Item_3953-2025_Resolution_for_SWAT_Robot_purchase__2_.docx QUO-11209-Y9K8-0_Boynton Beach Police Department_FL_November 10 2025 - GSA.pdf QUO-11210-R3T9-0_Boynton Beach Police Department_FL_November 10 2025 - Open Market.pdf 496 Contract Pricing.pdf 497 RESOLUTION NO. R25-300 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 1 BEACH, FLORIDA, APPROVING THE PURCHASE OF A SWAT ROBOT 2 FROM ICOR TECHNOLOGY INC., FOR THE POLICE DEPARTMENT IN 3 THE AMOUNT OF $87,500, UTILIZING CAPITAL IMPROVEMENT 4 PROGRAM (CIP) FUNDS AND GSA CONTRACT GS-07F-0430V RATES; 5 AND FOR ALL OTHER PURPOSES. 6 7 8 WHEREAS, the City Police Department desires to purchase a SWAT Robot from ICOR 9 Technology Inc. The purchase would strengthen the City’s public safety programs by improving 10 the Police Department’s tactical response capabilities while reducing risks to both officers and the 11 community. The use of this technology will support safer resolutions to critical incidents, decrease 12 the likelihood of injuries, and limit liability exposure for the City. The robot’s enhanced efficiency 13 in critical operations can lead to quicker incident resolution, which may reduce overtime costs and 14 overall strain on department resources. This investment aligns with the City’s commitment to 15 utilizing innovative technology to enhance operational effectiveness, safeguard personnel, and 16 protect the public; and 17 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 18 best interests of the City's citizens and residents to approve the purchase of a SWAT Robot from 19 ICOR Technology Inc., for the Police Department in the amount of $87,500, utilizing Capital 20 Improvement Program (CIP) funds and GSA Contract GS-07F-0430V rates. 21 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 23 BEACH, FLORIDA, THAT: 24 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 25 being true and correct and are hereby made a specific part of this Resolution upon adoption. 26 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 27 approve the purchase of a SWAT Robot from ICOR Technology Inc., for the Police Department in 28 the amount of $87,500, utilizing Capital Improvement Program (CIP) funds and GSA Contract GS-29 07F-0430V rates as further detailed in Exhibit A, attached hereto. 30 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby 31 498 RESOLUTION NO. R25-300 authorizes the City Manager to execute any ancillary documents as may be necessary to 32 accomplish the purpose of this Resolution. 33 SECTION 4. This Resolution shall take effect in accordance with the law. 34 [SIGNATURES ON THE FOLLOWING PAGE] 35 36 499 RESOLUTION NO. R25-300 PASSED AND ADOPTED this ______________ day of ______________________________ 2025. 37 CITY OF BOYNTON BEACH, FLORIDA 38 YES NO 39 Mayor – Rebecca Shelton _____ _____ 40 41 Vice Mayor – Woodrow L. Hay _____ _____ 42 43 Commissioner – Angela Cruz _____ _____ 44 45 Commissioner – Thomas Turkin _____ _____ 46 47 Commissioner – Aimee Kelley _____ _____ 48 49 VOTE ______ 50 ATTEST: 51 52 _____________________________ ______________________________ 53 Maylee De Jesús, MPA, MMC Rebecca Shelton 54 City Clerk Mayor 55 56 APPROVED AS TO FORM: 57 (Corporate Seal) 58 59 _______________________________ 60 Shawna G. Lamb 61 City Attorney 62 500 QUOTE Page 1 of 2 QUO-11209-Y9K8-0 To Andrew Rozwadowski Boynton Beach Police Department (FL) P.O. Box 310 Boynton Beach, FL 33425 QUOTE NO.: QUO-11209-Y9K8-0 EFFECTIVE FROM: 11/10/2025 EFFECTIVE TO: 2/10/2026 CURRENCY: US Dollar Tel: 561-742-6100 SHIPPING METHOD: Ground Fax: SHIPPING TERMS: FOB ORIGIN, PREPAY AND ADD Mobile: 561-742-6322 *DELIVERY DATE: 16 - 20 Weeks ARO Email: rozwadowskia@bbfl.us PAYMENT TERMS: 1% 10 DAYS, NET 30 GSA Contract No.: GS-07F-0430V QTY P/N DESCRIPTION $/UNIT % DISC. LINE TOTAL 1.0 CAL-MINI Mini-CALIBER® Robot (COFDM) Comes standard with: • Rubber Tracks for traversing rough terrain and climbing stairs • Wirelessly Controlled Front and Rear Flippers with positional feedback with preset Home and Stair Climbing positions • Turreted Robotic Claw arm with 15lbs lift and 5 axes of movement • 10x Color zoom camera on claw arm • Front and Rear Color/IR Drive Cameras • Wide Angle color rear mast camera • Color Claw camera • 2-Way Audio: Talk/Listen through the robot • LED drive lights for Front and Mast Cameras • Wireless RF control: 1.3GHz Video; 900MHz Data • Portable, Lightweight, Handheld Controller • 2x 24V DC Lithium-Iron-Phosphate Robot Battery Packs (1x onboard; 1x spare) & 1x 24V DC Battery Charger • 2x 12V DC Lithium-Ion CCU Battery Packs (1x onboard; 1x spare) & 1x 12V DC Battery Charger • 2 year limited warranty • Electronic manual with training videos and hard copy of operator manual. *Note: Mini-CALIBER is shipped in a wooden crate. Hard-shell case is available as an option. $63,376.29 4.00 $60,841.24 1.0 16142-120 Mini-CALIBER® IP Mesh Radio Upgrade (1.4GHz-DTC) Update your Mini-CALIBER® robot to the latest RF technology with the new 1.4GHz-DTC IP Mesh Radio Upgrade. Key Improvements: • Replace the old RF system with COFDM IP MESH Radios (2 x 1W, L-Band) featuring 7 selectable channels, MESH networking capabilities, and a signal strength indicator. • Updated Command & Control Unit (CCU) with a capacitive touchscreen, Picture-in- Picture video (up to 4 camera streams), and HDMI output. • Repeater Functionality: Acts as a repeater for other Mesh radios operating on the same frequency, extending the operational range when used with CALIBER® FLEX robots or other Mini-CALIBER® units equipped with IP radios. • Interoperability with ICOR’s IP Mesh Repeater: Fully compatible with DTC’s IP Mesh Repeater for greater range and network efficiency. • Extended Operating Range: Increased range of up to 1,000m line of sight (LOS) compared to the current 300m. • Improved Audio and Video Quality: Provides better situational awareness and operational efficiency. • New Batteries Included: • 2x 24V DC Lithium-Iron-Phosphate Robot Battery Packs (1 onboard; 1 spare) • 2x 12V DC Lithium-Ion CCU Battery Packs (1 onboard; 1 spare) • Two-Way Shipping Included: The Mini-CALIBER must be returned to ICOR for upgrades. • 1-Year Limited Warranty Note: If your Mini-CALIBER's serial number is earlier than CAL-2450, you must include the CAL- CTU CALIBER Technology Upgrade with your IP Mesh Radio Upgrade to ensure your robot meets the latest technological standards. 50% DISCOUNT when purchased with new robots. $28,218.82 50.00 $14,109.41 1.0 12627 MINI Quick Release Color IR Camera Optional Colour / IR (infra red) Camera for the Mini-CALIBER® Robot (CAL-Mini); used in place of zoom camera on claw mount or placed on deck mast. $1,187.39 3.00 $1,151.77 1.0 CAL-OP014 Mini-CALIBER case Mini-CALIBER hardshell transit case wtih custom cut foam and tie downs to secure robot. Note: the transit case only holds the Mini-CALIBER robot. There is a separate hardshell case for the CCU. $1,954.55 3.00 $1,895.91 501 QUOTE Page 2 of 2 QUO-11209-Y9K8-0 1.0 CAL-SP2 Mini Basic Spare Parts Kit Essential items to maintain and repair your Mini-CALIBER® robot $1,949.66 3.00 $1,891.17 1.0 CAL-EB2 24V DC Battery Pack - Mini Spare/Replacement 24V DC Battery Pack for Mini-CALIBER® Robot Includes: 2x 12.8V / 9.6 AH LiFePO4 Replacement battery for use with the Mini-CALIBER® Robot (note: The Mini-CALIBER® uses 2 LiFePO4 batteries for 24V operation) $776.93 3.00 $753.62 1.0 CAL-BC3 Robot Battery Charger - Mini Spare Mini-CALIBER robot dual battery charger. $239.43 3.00 $232.25 1.0 16392 Radio Cable Extension Kit Designed for the Mini-CALIBER (MINI-R1.5), the Radio Cable Extension Kit enables operators to mount IP Mesh radios from the Command-and-Control Unit (CCU) on the exterior of an armored vehicle. The 10’ (3m) radio cable extension can be easily attached through a gun port, allowing the radios to be secured outside the vehicle using a small tripod, suction cup, or industrial magnet. Positioning the radios externally significantly enhances the signal range between the CCU and the robot, while keeping the operator safe from harm. $4,650.00 25.00 $3,487.50 1.0 S&H SHIPPING AND HANDLING $1,000.00 $1,000.00 TOTAL $85,362.87 This is a quotation on the goods named, subject to the conditions noted below: Unless otherwise provided: This quote is in US Dollars; shipping terms are EX WORKS for domestic and international shipments; all prices are exclusive of shipping costs, insurance, custom clearance and any applicable Taxes of any kind; all price quotations are valid for 90 days. Published list prices are subject to change without notice. Due to a policy of continuous product improvement, ICOR reserves the right to change specifications and appearance without notice. Please reference the invoice number on your cheque and remit to ICOR Technology Inc. 935 Ages Drive, Ottawa, Ontario K1G 6L3 Canada. The CALIBER® Robot (including the MK3, T5, Mini, and MK4) contains up to 35% US-source materials and are ITAR export license free and not subject to AECA or EAR regulations. The CALIBER® Robot is a Controlled Good, and requires an Export Permit for international shipping in accordance with the Export and Import Permits Act (R.S.C., 1985, c. E-19). Failure to perform due to the action or inaction of the Government of Canada will be considered Force Majeure, and, ICOR is not responsible for any penalties, fees, liquidated damages, etc. Some or all of the quoted items are eligible for purchase through GSA’s Cooperative Purchasing Program and 1122 Program for State and Local Law Enforcement. Please consult with your purchasing department to determine the optimal purchasing vehicle and notify your ICOR Sales Representative to make any changes necessary. ICOR’s GSA Contract Number is: GS-07F-0430V DISCLAIMER REGARDING DISRUPTER MOUNT CONFIGURATIONS: ICOR Technology is a robot manufacturer and do not make disrupters. The end-user must consult with the disrupter manufacturer for complete instructions on loading, operation, maintenance and firing procedures. ICOR recommends that the end-user takes disrupter training from the manufacture before firing the weapon off of the robot. USE AT OWN RISK. ANY POTENTIAL DAMAGES TO THE ROBOT AS A RESULT OF USING A DISRUPTER ARE NOT COVERED UNDER WARRANTY. AS PER ICOR ‘S LIMITED WARRANTY, WARNING AND LIMITATION OF LIABILITY DOCUMENT, ICOR SHALL BE HELD HARMLESS TO ANY LOSS OR INJURY AS RESULT OF USING DISRUPTERS ON THE ROBOT. To accept this quotation, sign here and return: Signature Date 502 QUOTE Page 1 of 2 QUO-11210-R3T9-0 To Andrew Rozwadowski Boynton Beach Police Department (FL) P.O. Box 310 Boynton Beach, FL 33425 QUOTE NO.: QUO-11210-R3T9-0 EFFECTIVE FROM: 11/10/2025 EFFECTIVE TO: 2/10/2026 CURRENCY: US Dollar Tel: 561-742-6100 SHIPPING METHOD: Ground Fax: SHIPPING TERMS: FOB - DESTINATION Mobile: 561-742-6322 *DELIVERY DATE: 16 - 20 Weeks ARO Email: rozwadowskia@bbfl.us PAYMENT TERMS: Net 30 QTY P/N DESCRIPTION $/UNIT % DISC. LINE TOTAL 1.0 CAL-MINI Mini-CALIBER® Robot (COFDM) Comes standard with: • Rubber Tracks for traversing rough terrain and climbing stairs • Wirelessly Controlled Front and Rear Flippers with positional feedback with preset Home and Stair Climbing positions • Turreted Robotic Claw arm with 15lbs lift and 5 axes of movement • 10x Color zoom camera on claw arm • Front and Rear Color/IR Drive Cameras • Wide Angle color rear mast camera • Color Claw camera • 2-Way Audio: Talk/Listen through the robot • LED drive lights for Front and Mast Cameras • Wireless RF control: 1.3GHz Video; 900MHz Data • Portable, Lightweight, Handheld Controller • 2x 24V DC Lithium-Iron-Phosphate Robot Battery Packs (1x onboard; 1x spare) & 1x 24V DC Battery Charger • 2x 12V DC Lithium-Ion CCU Battery Packs (1x onboard; 1x spare) & 1x 12V DC Battery Charger • 2 year limited warranty • Electronic manual with training videos and hard copy of operator manual. *Note: Mini-CALIBER is shipped in a wooden crate. Hard-shell case is available as an option. $64,850.00 0.00 $64,850.00 1.0 16142-120 Mini-CALIBER® IP Mesh Radio Upgrade (1.4GHz-DTC) Update your Mini-CALIBER® robot to the latest RF technology with the new 1.4GHz-DTC IP Mesh Radio Upgrade. Key Improvements: • Replace the old RF system with COFDM IP MESH Radios (2 x 1W, L-Band) featuring 7 selectable channels, MESH networking capabilities, and a signal strength indicator. • Updated Command & Control Unit (CCU) with a capacitive touchscreen, Picture-in- Picture video (up to 4 camera streams), and HDMI output. • Repeater Functionality: Acts as a repeater for other Mesh radios operating on the same frequency, extending the operational range when used with CALIBER® FLEX robots or other Mini-CALIBER® units equipped with IP radios. • Interoperability with ICOR’s IP Mesh Repeater: Fully compatible with DTC’s IP Mesh Repeater for greater range and network efficiency. • Extended Operating Range: Increased range of up to 1,000m line of sight (LOS) compared to the current 300m. • Improved Audio and Video Quality: Provides better situational awareness and operational efficiency. • New Batteries Included: • 2x 24V DC Lithium-Iron-Phosphate Robot Battery Packs (1 onboard; 1 spare) • 2x 12V DC Lithium-Ion CCU Battery Packs (1 onboard; 1 spare) • Two-Way Shipping Included: The Mini-CALIBER must be returned to ICOR for upgrades. • 1-Year Limited Warranty Note: If your Mini-CALIBER's serial number is earlier than CAL-2450, you must include the CAL-CTU CALIBER Technology Upgrade with your IP Mesh Radio Upgrade to ensure your robot meets the latest technological standards. 50% DISCOUNT when purchased with new robots $34,750.00 50.00 $17,375.00 1.0 12627 MINI Quick Release Color IR Camera Optional Colour / IR (infra red) Camera for the Mini-CALIBER® Robot (CAL-Mini); used in place of zoom camera on claw mount or placed on deck mast. $1,220.00 0.00 $1,220.00 1.0 CAL-OP014 Mini-CALIBER case Mini-CALIBER hardshell transit case wtih custom cut foam and tie downs to secure robot. Note: the transit case only holds the Mini-CALIBER robot. There is a separate hardshell case for the CCU. $2,005.00 0.00 $2,005.00 503 QUOTE Page 2 of 2 QUO-11210-R3T9-0 1.0 CAL-SP2 Mini Basic Spare Parts Kit Essential items to maintain and repair your Mini-CALIBER® robot $2,010.00 0.00 $2,010.00 1.0 CAL-EB2 24V DC Battery Pack - Mini Spare/Replacement 24V DC Battery Pack for Mini-CALIBER® Robot Includes: 2x 12.8V / 9.6 AH LiFePO4 Replacement battery for use with the Mini-CALIBER® Robot (note: The Mini-CALIBER® uses 2 LiFePO4 batteries for 24V operation) $800.00 0.00 $800.00 1.0 CAL-BC3 Robot Battery Charger - Mini Spare Mini-CALIBER robot dual battery charger. $245.00 0.00 $245.00 1.0 16392 Radio Cable Extension Kit Designed for the Mini-CALIBER (MINI-R1.5), the Radio Cable Extension Kit enables operators to mount IP Mesh radios from the Command-and-Control Unit (CCU) on the exterior of an armored vehicle. The 10’ (3m) radio cable extension can be easily attached through a gun port, allowing the radios to be secured outside the vehicle using a small tripod, suction cup, or industrial magnet. Positioning the radios externally significantly enhances the signal range between the CCU and the robot, while keeping the operator safe from harm. $4,650.00 0.00 $4,650.00 1.0 S&H SHIPPING AND HANDLING $1,050.00 0.00 $1,050.00 TOTAL $94,205.00 This is a quotation on the goods named, subject to the conditions noted below: Unless otherwise provided: This quote is in US Dollars; shipping terms are EX WORKS for domestic and international shipments; all prices are exclusive of shipping costs, insurance, custom clearance and any applicable Taxes of any kind; all price quotations are valid for 90 days. Published list prices are subject to change without notice. Due to a policy of continuous product improvement, ICOR reserves the right to change specifications and appearance without notice. Please reference the invoice number on your cheque and remit to ICOR Technology Inc. 935 Ages Drive, Ottawa, Ontario K1G 6L3 Canada. The CALIBER® Robot (including the MK3, T5, Mini, and MK4) contains up to 35% US-source materials and are ITAR export license free and not subject to AECA or EAR regulations. The CALIBER® Robot is a Controlled Good, and requires an Export Permit for international shipping in accordance with the Export and Import Permits Act (R.S.C., 1985, c. E-19). Failure to perform due to the action or inaction of the Government of Canada will be considered Force Majeure, and, ICOR is not responsible for any penalties, fees, liquidated damages, etc. Some or all of the quoted items are eligible for purchase through GSA’s Cooperative Purchasing Program and 1122 Program for State and Local Law Enforcement. Please consult with your purchasing department to determine the optimal purchasing vehicle and notify your ICOR Sales Representative to make any changes necessary. ICOR’s GSA Contract Number is: GS-07F-0430V DISCLAIMER REGARDING DISRUPTER MOUNT CONFIGURATIONS: ICOR Technology is a robot manufacturer and do not make disrupters. The end-user must consult with the disrupter manufacturer for complete instructions on loading, operation, maintenance and firing procedures. ICOR recommends that the end-user takes disrupter training from the manufacture before firing the weapon off of the robot. USE AT OWN RISK. ANY POTENTIAL DAMAGES TO THE ROBOT AS A RESULT OF USING A DISRUPTER ARE NOT COVERED UNDER WARRANTY. AS PER ICOR ‘S LIMITED WARRANTY, WARNING AND LIMITATION OF LIABILITY DOCUMENT, ICOR SHALL BE HELD HARMLESS TO ANY LOSS OR INJURY AS RESULT OF USING DISRUPTERS ON THE ROBOT. To accept this quotation, sign here and return: Signature Date 504 ICOR TECHNOLOGY INC. GSA Contract Number: GS-07F-0430V Valid to JULY 31, 2029 (as amended) COMPANY INFORMATION Name: ICOR Technology Inc. Address 935 Ages Drive, Ottawa, ON K1G 6L3 CANADA Phone Number: +1 613 745 3600 NA Toll Free: +1 877 483 7978 Fax Number: +1 613 745 3590 URL: www.icortechnology.com Point of Contact: Mr. Jack Vongdouangchanh, sales@icortechnology.com UEI (Formerly DUNS): EGDNEF4N3NL4 SAM Registration: Activation Date – 02/12/2015 CONTRACT INFORMATION Contract Number: GS-07F-0430V Contract Period August 1, 2024 – July 31, 2029 Schedule Number / Description: 084: Total Solutions for Law Enforcement, Security, Facilities Management, Fire, Rescue, Clothing, Marine Craft and Emergency/Disaster Response, FSC Group 84 – Law Enforcement and Security Equipment Supplies and Services SIN Numbers/Description: 334519 – Bomb and Hazardous Material Disposal; Metal and Bomb Detection 334220 – Surveillance Systems, Wearable Body Cameras, and Vehicular Video OLM – Order Level Materials Labor Category/Description: N/A TERMS AND CONDITIONS 1. GEOGRAPHIC COVERAGE: Domestic, 50 states, Washington, DC, Puerto Rico, US Territories and to a CONUS port or consolidation point for orders received from overseas activities 2. POINT(S) OF PRODUCTION: 935 Ages Drive, Ottawa, ON K1G 6L3 CANADA, check with Contractor at time of order. 3. DISCOUNT FROM LIST PRICES: 3% on Robots; 5% on Hook & Line products; 10% on Mirrors from the accepted pricelist. For calculation of the GSA Schedule price (price paid by customers ordering from the GSA Schedule, and the price to be loaded in to GSA Advantage), the contractor should deduct the appropriate basic discount from the list price and add the prevailing IFF rate to the negotiated discounted price (Net GSA price). Current IFF rate is 0. 75%. 4. QUANTITY DISCOUNT(S): 10% on single orders of $1,200,000.00 or more for SIN 334519; No Volume Discount available for SIN 334220 5. PROMPT PAYMENT TERMS: 1%/10 Days/Net 30 6. Government Purchase Cards must be accepted at or below the micro-purchase threshold. 7. Government Purchase Cards are accepted above the micro-purchase threshold. 8. FOREIGN ITEMS: Canada 9. TIME OF DELIVERY: Shipped 180 Days after receipt of order for SIN 334519; shipped 120 Days after receipt of order for SIN 334220. 10. EXPEDITED DELIVERY: Contact Contractor for details 505 11. OVERNIGHT AND 2-DAY DELIVERY: Overnight and 2-day delivery are available. Contact the Contractor for rates. 12. URGENT REQUIRMENTS: Agencies can contact the Contractor's representative to affect a faster delivery. Customers are encouraged to contact the contractor for the purpose of requesting accelerated delivery. 13. FOB POINT: Origin 14. ORDERING ADDRESS: ICOR Technology, Inc., 935 Ages Drive, Ottawa, ON K1G 6L3, Canada 15. ORDERING PROCEDURES: For supplies and services, the ordering procedures, information on Blanket Purchase Agreements (BPA's) are found in Federal Acquisition Regulation (FAR) 8.405-3 16. PAYMENT ADDRESS: Same as ordering address 17. WARRANTY PROVISION: Standard Commercial Warranty 18. EXPORT PACKING CHARGES: Not applicable 19. TERMS AND CONDITIONS OF GOVERNMENT PURCHASE CARD ACCEPTANCE: (any thresholds above the micro-purchase level) 20. TERMS AND CONDITIONS OF RENTAL, MAINTENANCE, AND REPAIR (IF APPLICABLE): N/A 21. TERMS AND CONDITIONS OF INSTALLATION (IF APPLICABLE): N/A 22. TERMS AND CONDITIONS OF REPAIR PARTS INDICATING DATE OF PARTS PRICE LISTS AND ANY DISCOUNTS FROM LIST PRICES (IF AVAILABLE): N/A 23. TERMS AND CONDITIONS FOR ANY OTHER SERVICES (IF APPLICABLE): N/A 24. LIST OF SERVICE AND DISTRIBUTION POINTS (IF APPLICABLE): N/A 25. LIST OF PARTICIPATING DEALERS (IF APPLICABLE): N/A 26. PREVENTIVE MAINTENANCE (IF APPLICABLE): N/A 27. SPECIAL ATTRIBUTES SUCH AS ENVIRONMENTAL ATTRIBUTES (e.g. recycled content, energy efficiency, and/or reduced pollutants): None COMMERCIAL PRICELIST SIN PART NO PRODUCT NAME GSA OFFER PRICE (inclusive of the .75% IFF) 334519 10001 MINI arm Picatinny Rail Assembly $439.77 334519 10002 K3150 Robot Disrupter Sleeve $3,547.51 334519 10003 Mini Claw Kit - 2ND Generation $5,418.99 334519 10004 MK3/ T5 Claw Kit - 2ND Generation $5,868.54 334519 10255 T5 Universal Disruptor Mount Kit $3,923.76 334519 10257 MK3 Universal Disuptor Mount Kit $3,923.76 334519 10458 Claw Auxiliary Camera - Mini $1,739.55 334519 10478 Extended Warranty - Mini $6,533.08 334519 10785 168001 - Remote Firing Devices Controller $2,707.05 334519 10786 168002 - Remote Firing Devices Remote $2,707.05 334519 10787 A700-900-00 - 900 MHz 1680 Antenna $48.86 334519 10788 B168-092-00 - Ultimate AAA Lithium Battery $1.71 334519 10789 168003 - Shock Tube Firing Adapter $36.16 334519 10790 C799-800-00 - MK4 Igniter Tip 1680 $53.75 334519 10791 168004 - Carry Case (Holds up to 9 Units) $464.21 334519 10792 168050 - Pairing Cable $86.00 334519 10793 166412-A - ShieldTenna (shield w/antenna) $903.98 334519 10927 MK4 CLAW KIT - 3RD GENERATION $5,912.51 506 334519 11044 MK3 Single Duke Pro Bracket Assy $322.50 334519 11048 T5 Single Duke Pro Bracket Assy $322.50 334519 11134 24V DC Battery Pack - FLEX $1,803.07 334519 11181 K100PL - PAN Disrupter (Push Lock) Unit (Fine Thread) $3,806.49 334519 11237 Claw Auxiliary Camera – T5 / MK3 $2,237.96 334519 11298 MK4 Claw Auxiliary Camera $2,677.73 334519 11704 MK3/T5 Quick Release Colour IR Camera $1,187.39 334519 11998 MK3/T5 32FT (10M) BULKHEAD TRUCK KIT $3,635.46 334519 12627 MINI Quick Release Color IR Camera $1,187.39 334519 13153 Mini-CALIBER RF Range Extender (Video/Data) $6,396.26 334519 13355 FLEX - CCU Power Pack $3,278.76 334519 13365 Claw Auxiliary Camera - FLEX $2,365.01 334519 13371 DUKE PRO- FOR FLEX $1,925.23 334519 13895 500’ Tether Reel kit - Mini RF Range Extender $4,920.58 334519 13899 FLEX Basic Spare Parts Kit $6,518.42 334519 13900 FLEX Quick Release FLIR Camera $9,855.82 334519 13901 FLEX Auxillary Pole Camera $2,203.76 334519 13902 FLEX Bulkhead Truck Kit $2,340.57 334519 13903 FLEX - Arm Extension Kit $8,673.32 334519 13908 FLEX Fiber-Optic Tether $9,943.77 334519 13910 RF Extender - CALIBER® FLEX $4,011.71 334519 13968 MK3/T5 64FT(20M) BULKHEAD TRUCK KIT $3,786.94 334519 14058 MINI Portable Handheld Screen (COFDM) $7,407.74 334519 14096 Mini-CALIBER RF Range Extender (COFDM Video/Data) $9,269.45 334519 14479 Mini-CALIBER DVR $943.07 334519 15130 1685 Remote Firing Device - Controller $2,873.19 334519 15131 1685 Remote Firing Device - Remote $2,873.19 334519 15132 1685 Carry Case (Holds up to 7 units) $386.02 334519 15362 IP MESH Repeater $20,928.34 334220 06A0645 CUTABINEER $94.76 334519 16142-120 Mini-CALIBER® IP Mesh Radio Upgrade (1.4GHz-DTC) $28,218.82 334519 ABP.DM-MK4 AB Precision Disruptor Mount - MK4 $3,762.51 334519 CAL-AL0 Aluminum Ramps (foldable, lightweight) $645.00 334519 CAL-APC Auxiliary Pole Camera for MK3 or T5 $1,197.16 334519 CAL-BC0 Extra Caliber 24 V Battery Charger $454.43 334519 CAL-BC1 CALIBER Command Station Battery Charger $356.71 334519 CAL-BC2 CCU Battery Charger - Mini $366.48 334519 CAL-BC3 Robot Battery Charger - Mini $239.43 334519 CAL-BC4 48V DC Battery Charger - MK4 $2,829.21 334519 CAL-BC4-110V Spare 48V DC Battery Charger - MK4 North America $2,829.21 334519 CAL-BM0 MK3 BENELLI M4 SUPER SHOTGUN MOUNT (SHOTGUN NOT INCLUDED) $3,205.46 334519 CAL-BM1 T5 BENELLI M4 SUPER SHOTGUN MOUNT (SHOTGUN NOT INCLUDED) $3,205.46 334519 CAL-CCU15 MK3 CCU Upgrade $37,419.86 334519 CAL-CCUPP CCU POWER PACK $3,278.76 334519 CAL-CCUST Folding CCU Stand $454.43 334519 CAL-CPV Command Post Video Transmitter $6,396.26 334519 CAL-DCPP MK4 14V DC CCU Power Pack $3,234.78 334519 CAL-DVR Digital Video Recorder (DVR) $2,555.57 334519 CAL-DVU1 Digital COFDM Video System Upgrade $36,110.31 334519 CAL-EB0 MK3 EXTRA ROBOT BATTERY PACK 24VDC (RECHARGEABLE) $1,485.46 334519 CAL-EB1 T5 EXTRA ROBOT BATTERY PACK 24VDC (RECHARGEABLE) $1,485.46 334519 CAL-EB2 24V DC Battery Pack - Mini $776.93 334519 CAL-EB3 CCU Battery - Mini $200.34 507 334519 CAL-EB4 48V DC Battery Pack - MK4 $6,533.08 334519 CAL-EXA T5 - Arm Extension Kit $6,186.15 334519 CAL-EXT CCU RF EXTENSION CABLE 15 FT SET $337.16 334519 CAL-EXWAR CALIBER Robot Extended Warranty (3rd Year) $8,458.32 334519 CAL-EXWAR.MK4 MK4 Extended Warranty $25,384.72 334519 CAL-FLMK4 FLIR Thermal Camera - MK4 $13,129.69 334519 CAL-FR0 1000' (305m) milspec fiber-optic tether $17,415.04 334519 CAL-FR1 Fiber-Optic Tether - MK4 $18,656.18 334519 CAL-HCU CALIBER Hand Held Control Unit $2,052.28 334519 CAL-HCUb CALIBER Wireless Hand Held Control Unit (Bluetooth) $3,674.55 334519 CAL-K100 K100 – PAN DISRUPTER UNIT (Fine thread) $3,464.44 334519 CAL-K1000 K1000 – RECOIL REDUCTION ADAPTER KIT (Fine thread) $2,975.80 334519 CAL-K1090 K1090 – ELECTRIC BREECH KIT-PAN (Fine thread) $2,795.01 334519 CAL-K4300-12IC K4300-12 – Tactical-Swat Disrupter Kit $5,345.69 334519 CAL-MAFB Motorized Anti-Flip Bar $5,819.67 334519 CAL-MDVR Digital Video Recorder (DVR) for Mini-CALIBER® $2,433.41 334519 CAL-MINI Mini-CALIBER® Robot SWAT Robot $63,229.69 334519 CAL-MK3 MK3 - CALIBER® EOD $91,912.71 334519 CAL-MK4 MK4 CALIBER Robot and Standard Accessories $359,050.84 334519 CAL-MPTZ Motorized, Telescoping Pan-Tilt-Zoom Camera $5,819.67 334519 CAL-OP001 24V DC Firing Circuit for Mini-CALIBER® Robot $1,309.55 334519 CAL-OP002 24V DC Firing Circuit AND Duke Pro Single Channel Shock Tube Initiator $2,814.55 334519 CAL-OP009 Motorized PTZ Mast and Camera $13,066.17 334519 CAL-OP014 Mini-CALIBER case $1,954.55 334519 CAL-OP015 Quick Release PTZ Upgrade $4,431.94 334519 CAL-OP016 Quick Release FLIR Camera for CALIBER® Robot $12,079.12 334519 CAL-PIP Quad Screen Picture-in-Picture Functionality $4,578.53 334519 CAL-PSA The CALIBER®’s Portable Handheld Screen for Analog RF System $4,558.99 334519 CAL-PSD The CALIBER®’s Portable Handheld Screen for Digital COFDM RF System $6,342.51 334519 CAL-SL0 MK3 Power Switch Lock $229.66 334519 CAL-SL1 T5 Power Switch Lock $229.66 334519 CAL-SP0 MK3 CALIBER BASIC SPARE PARTS KIT $2,961.14 334519 CAL-SP1 T5 CALIBER BASIC SPARE PARTS KIT $2,961.14 334519 CAL-SP2 Mini-CALIBER SPARE PARTS $1,949.66 334519 CAL-SP3 MK4 Basic Spare Parts Kit $14,624.92 334519 CAL-T5 CALIBER® T5 $94,062.72 334519 CAL-TK0 External truck brackets for RF system (Client installs) $957.73 334519 CAL-TK1 Truck Brackets Kit - MK4 $1,006.59 334519 CAL-TRC Heavy Duty Hard Shell Transit Case (set of 2) $5,502.06 334519 CAL-TTC CALIBER ROBOT ONSITE TRAINING at Customer Location (MK3/T5) $3,733.19 334519 CAL-TTC-FLEX CALIBER® FLEX ROBOT ONSITE TRAINING at Customer Location $6,093.31 334519 CAL-TTC-MINI Mini-CALIBER® Training $3,733.19 334519 CAL-TTC-MK4 CALIBER ROBOT ONSITE TRAINING (MK4) $6,093.31 334519 CAL-VEX Video Rf Range Extender for CALIBER Robot (for Analog Video System) $2,692.39 334519 CAL-XR1 X-ray mounting bracket for Vidisco XR-200 OR XR-300. $1,470.80 334220 ESHL01 Hook & Line ESSENTIAL $6,025.10 334220 ESHL03 Hook & Line ESSENTIAL with Backpack $6,025.10 334519 ESI-RM2 Duke Pro 2-Channel Shock Tube Initiator with Mount $1,925.23 334519 ESI-RM2-MK4C MK4 ST Initiator Claw Arm Assembly $1,925.23 334519 ESI-RM2-MK4W MK4 ST Initiator Weapon Arm Assembly $1,925.23 334519 EXWAR-FLEX Extended Warranty - CALIBER® FLEX $17,292.88 334519 FLEX-111 CALIBER® FLEX w/ COFDM IP Radios & Dual PAN Disrupter Mount $222,310.52 334519 FR300 300m Firing Line $1,509.89 508 334220 M1000 M1000 - Under-Vehicle Search Mirror $897.68 334220 M2000 M2000 - 5-Section Search Mirror $661.93 334220 M3000 M3000 - 3-Section Search Mirror $262.96 334220 M4000 M4000 - Carbon Fiber Tactical Search Mirror $680.06 334519 MK3-DS0 MK3 CALIBER® Robot w/ Digital COFDM Video $111,897.99 334220 PSM-H&L Pocket Search Mirror $276.56 334519 RFD1678-1 8-Position Controller $5,521.60 334519 RFD1678-10 Smart Charger, 3 Position $1,128.75 334519 RFD1678-13 Tactical Case w/insert $762.27 334519 RFD1678-18 Full Case $1,118.98 334519 RFD1678-2 Electric Remote Initiator $5,321.26 334519 RFD1678-3 Remote Shock Tube Initiator (RSTI) $5,927.17 334519 RFD1678-4 Test Box (Optional) $3,244.55 334519 RFD1678-6 Mini Controller $5,805.01 334519 RFD1678-8 Conditioning Charger, 5 position $3,195.69 334519 RFD1678-KIT01 System w/ 1 Electric & 1 RSTI Remote $21,993.57 334519 RFD1678-KIT02 System with 2 Electric & 2 RSTI Remotes $33,999.40 334519 RFD1678-KIT03 System with 4 Electric Remotes $32,127.92 334519 RFD1678-KIT04 System with 4 RSTI Shock Tube Remotes $35,181.90 334519 RFDC930-400-00 Orange Cover (remotes only) $87.95 334519 T5-DS0 CALIBER® T5 Robot w/ Digital COFDM Video $111,897.99 334220 TSPC-BasePkg TSPC with Quick Disc and Audio Out Port $5,150.24 334220 TSPC-Batt TSPC - Backup Battery $381.14 334220 TSPC-DualCam TSPC - Dual Camera for UDC $4,060.58 334220 TSPC-Shield TSPC - Sunshield $53.75 334220 TSPC-Sling TSPC - Tactical Rifle Sling $171.02 334220 TSPC-UDC-IR TSPC - Under Door Camera with IR $6,093.31 334220 TSPC-War3 TSPC - 3 Year Parts/ Labor Warranty (Depot) $732.96 334220 ULHL02 Hook & Line ULTIMATE $9,456.40 509 City of Boynton Beach Agenda Item Request Form 8.A Public Hearing 6 P.M. or as soon thereafter as the agenda permits. The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. 11/18/2025 Meeting Date: 11/18/2025 Proposed Ordinance No. 25-035- Second Reading, An Ordinance of the City Commission of the City of Boynton Beach, Florida, Amending Part III "Land Development Regulations," Article II "Planning and Zoning Division Services," Section 4, "Relief Applications" by Amending Subsection F, "Requests for Accommodation," in order to Provide Procedures for Handling and Processing Requests for Accommodation from the City's Land Development Regulations; Providing for Conflicts; Providing for Severability; Providing for Codification; Providing an Effective Date; and For All Other Purposes. Requested Action: Staff recommends approval of Proposed Ordinance No. 25-035, at second reading. Explanation of Request: The reason for the amendment to the Ordinance is that section 397.487, Florida Statutes, requires the governing bodies of counties or municipalities to establish a procedure for the review of reasonable accommodations related to the establishment of certified recovery residences. The statute has a deadline of January 1, 2026 for enactment of such an Ordinance or amendment thereto, and has specific timelines and other deadline requirements that require compliance. The City's proposed amendment contains the requisite language and is on a track for first and second readings before enactment before the January 1, 2026 deadline. How will this affect city programs or services? N/A Account Line Item and Description: N/A Fiscal Impact: N/A Attachments: Ord 25-035 Agenda_Item_3883- 2025_Ordinance_for_Certified_Recovery_Residences_updated.docx FS 397.487.pdf 3883-2025 Business Impact Statement.docx 510 ORDINANCE NO. 25-035 Page 1 of 5 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF 1 BOYNTON BEACH, FLORIDA, AMENDING THE CITY’S CODE OF 2 ORDINANCES, BY AMENDING PART III, ARTICLE II, SECTION 4, BY 3 AMENDING SUBSECTION F, “REQUESTS FOR ACCOMMODATION,” IN 4 ORDER TO PROVIDE PROCEDURES FOR HANDLING AND PROCESSING 5 REQUESTS FOR ACCOMMODATION FROM THE CITY’S LAND 6 DEVELOPMENT REGULATIONS; PROVIDING FOR CONFLICTS; 7 PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; 8 PROVIDING AN EFFECTIVE DATE; AND FOR ALL OTHER PURPOSES. 9 10 WHEREAS, the Florida Legislature, by HB 21 (2015), established a voluntary certification 11 program for recovery residences that establishes operational and ethical safeguards for disabled 12 persons, and the City of Boynton Beach, Florida (“City”) desires to acknowledge and promote such 13 safeguards; and 14 WHEREAS, in accordance with SB 954 (2025) pertaining to the establishment of “Certified 15 Recovery Residences,” the City desires to enact an Ordinance providing for procedures for 16 handling and processing requests for accommodation from the City’s Land Development 17 Regulations relating to the establishment of Certified Recovery Residences before the statute’s 18 effective date of January 1, 2026; and 19 WHEREAS, the term, “reasonable accommodation” is a statutorily established method by 20 which an individual who is disabled and/or handicapped (as those terms are defined in Title II of 21 the Americans with Disabilities Act and/or the Fair Housing Amendments Act, hereafter, 22 “disabled”), or a provider of services to the disabled qualifying for reasonable accommodations 23 under the referenced statutes, can request a modification or alteration in the application of a 24 specific Code provision, rule, policy, or practice, to them. The proposed accommodation sought 25 by the disabled individual must be reasonable and necessary to afford such person an equal 26 opportunity to use and enjoy housing in a Certified Recovery Residence, or a drug and alcohol 27 treatment home or recovery residence that is certified by the Florida Association of Recovery 28 Residences (“FARR”), as defined under Part III, Article II. Definitions; and 29 WHEREAS, the City desires to adopt within the City’s Land Development Regulations, and 30 consistent with SB 954 (2025), reasonable accommodation procedures that will permit disabled 31 511 ORDINANCE NO. 25-035 Page 2 of 5 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. individuals (or qualifying entities) to request a reasonable accommodation and, where 32 appropriate, based on the facts and the law, to receive a reasonable accommodation from the 33 City’s Land Development Regulations relating to the establishment of Certified Recovery 34 Residences; and 35 WHEREAS, the City Commission, sitting as the Local Planning Agency, has determined 36 that the change is consistent with and furthers the goals, objectives, and policies of the City’s 37 Comprehensive Plan; and 38 WHEREAS, the City Commission, upon the recommendation of staff, has determined that 39 the proposed change will protect the City's citizens and residents. 40 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 41 BEACH, FLORIDA, THAT: 42 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 43 being true and correct and are hereby made a specific part of this Ordinance upon adoption. 44 SECTION 2. That the Code of Ordinances of the City of Boynton Beach, Florida, shall be 45 amended by amending Part III “Land Development Regulations,” Article II “Planning and Zoning 46 Division Services,” Section 4, “Relief Applications,” by Amending Subsection F, “Requests for 47 Accommodation,” to read as follows: 48 F. Requests for Accommodation. 49 … 50 2. Process for the Establishment of Certified Recovery Residences 51 (a) Purpose and Intent. The purpose of this section is to implement a procedure for processing 52 written requests for a reasonable accommodation to the City's Code of Ordinances, Land 53 Development Regulations, Rules, Policies, and Procedures for persons with disabilities as defined 54 by the federal Fair Housing Amendments Act (42 U.S.C. 3601, et seq.) ("FHA") and Title II of the 55 Americans with Disabilities Amendments Act (42 U.S.C. 12131, et seq.) ("ADA"), as required by 56 section 397.487(15), Florida Statutes. For purposes of this section, a "disabled" person is an 57 individual who qualifies as disabled and/or handicapped under the FHA and/or ADA. Any person 58 512 ORDINANCE NO. 25-035 Page 3 of 5 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. who is disabled (or a qualifying entity) may request a reasonable accommodation with respect to 59 the City's Land Development Code, Code of Ordinances, rules, policies, practices, and/or 60 procedures as provided by the FHA and the ADA pursuant to the procedures set out in this section. 61 The City’s procedures for reviewing applications seeking reasonable accommodations related to 62 the establishment of certified recovery residences shall proceed as established in 1. General under 63 Subsection F. Requests for Accommodation, with the additional requirements as outlined under 64 section 397.487(15), Florida Statutes. 65 (b.) Application. A request by an applicant for a reasonable accommodation under this section 66 must be in writing. The City shall date-stamp each written application upon receipt. If additional 67 information is required, the City must respond to the applicant within the first thirty (30) days after 68 receipt of the application and allow the applicant at least thirty (30) days to respond. A final written 69 determination on an application shall be issued by the City within sixty (60) days after receipt of a 70 completed application. The application must, at minimum, contain the name and contact 71 information of the applicant/representative, the property address and parcel identification 72 number, and a description of the accommodation requested and the specific regulation and/or 73 policy from which relief is sought. The City’s determination must either approve the request, in 74 whole or in part, with or without conditions, or deny the request, stating with specificity the 75 objective, evidence-based reasons for the denial and identifying any deficiencies or actions 76 necessary for reconsideration. If a final written determination is not issued within sixty (60) days 77 after receipt of a completed application, then the request is deemed approved unless the parties 78 agree in writing to a reasonable extension of time. 79 (c.) Revocation of reasonable accommodation. 80 (1) Any reasonable accommodation received shall be deemed revoked if the applicant or 81 the property upon which the accommodation is granted is found in violation of any 82 conditions of the approval granting the reasonable accommodation by a court of law or 83 by the special magistrate hearing code enforcement cases. 84 (2) Failure to obtain state certification or a required state license, or failure to maintain 85 513 ORDINANCE NO. 25-035 Page 4 of 5 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. state certification or a required state license, or alternate certification permitted by this 86 section, shall result in revocation of the reasonable accommodation and cessation of 87 operations within one hundred and eighty (180) days of termination of the license or 88 certification. 89 (d.) Re-certification. If a reasonable accommodation is for a property which is required to be 90 licensed or certified pursuant to this section or applicable state or federal law, then to be 91 recertified, an applicant must provide proof of active licensure or certification consistent with the 92 requirements of section 397.487(15), Florida Statutes. 93 (e.) Severability. If any part, section, subsection, paragraph, subparagraph, sentence, phrase, 94 clause, term, or word of this Subsection F, "Requests for Accommodation," is 95 declared unconstitutional by the final and valid judgment or decree of any court 96 of competent jurisdiction, this declaration of unconstitutionality or invalidity shall 97 not affect any other part, section, subsection, paragraph, subparagraph, sentence, 98 phrase, clause, term, or word of this Subsection F, "Requests for Accommodation." 99 SECTION 3. That all ordinances or parts of ordinances, all City Code sections or parts of 100 City Code sections, and all resolutions or parts of resolutions in conflict with this ordinance are 101 hereby repealed to the extent of such conflict. 102 SECTION 4. That if any section or provision of this ordinance or any portion thereof, any 103 paragraph, sentence, clause, or word be declared by a court of competent jurisdiction to be 104 invalid, such decision shall not affect the validity of the remainder hereof as a whole or part hereof 105 other than the part declared invalid. 106 SECTION 5. That the provisions of this ordinance shall be codified within the Code of 107 Ordinances of the City of Boynton Beach, Florida, and any paragraph or section may be 108 renumbered to conform with the Code of Ordinances. 109 SECTION 6. This Ordinance shall take effect in accordance with the law. 110 111 112 514 ORDINANCE NO. 25-035 Page 5 of 5 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. FIRST READING this ______ day of __________________________, 2025. 113 SECOND, FINAL READING AND PASSAGE this _____ day of ___________________, 2025. 114 115 CITY OF BOYNTON BEACH, FLORIDA 116 YES NO 117 Mayor – Rebecca Shelton _____ _____ 118 119 Vice Mayor – Woodrow L. Hay _____ _____ 120 121 Commissioner – Angela Cruz _____ _____ 122 123 Commissioner – Thomas Turkin _____ _____ 124 125 Commissioner – Aimee Kelley _____ _____ 126 127 VOTE ______ 128 ATTEST: 129 130 _____________________________ ______________________________ 131 Maylee De Jesús, MPA, MMC Rebecca Shelton 132 City Clerk Mayor 133 134 APPROVED AS TO FORM: 135 (Corporate Seal) 136 137 _______________________________ 138 Shawna G. Lamb 139 City Attorney 140 515 Select Year: 2025 Go The 2025 Florida Statutes Title XXIX PUBLIC HEALTH Chapter 397 SUBSTANCE ABUSE SERVICES View Entire Chapter 397.487 Voluntary certification of recovery residences.— (1) The Legislature finds that a person suffering from addiction has a higher success rate of achieving long- lasting sobriety when given the opportunity to build a stronger foundation by living in a recovery residence while receiving treatment or after completing treatment. The Legislature further finds that this state and its subdivisions have a legitimate state interest in protecting these persons, who represent a vulnerable consumer population in need of adequate housing. It is the intent of the Legislature to protect persons who reside in a recovery residence. (2) The department shall approve at least one credentialing entity by December 1, 2015, for the purpose of developing and administering a voluntary certification program for recovery residences. The approved credentialing entity shall: (a) Establish recovery residence certification requirements. (b) Establish procedures to: 1. Administer the application, certification, recertification, and disciplinary processes. 2. Monitor and inspect a recovery residence and its staff to ensure compliance with certification requirements. 3. Interview and evaluate residents, employees, and volunteer staff on their knowledge and application of certification requirements. (c) Provide training for owners, managers, and staff. (d) Develop a code of ethics. (e) Establish application, inspection, and annual certification renewal fees. The application fee may not exceed $100. Any onsite inspection fee shall reflect actual costs for inspections. The annual certification renewal fee may not exceed $100. (3) A credentialing entity shall require the recovery residence to submit the following documents with the completed application and fee: (a) A policy and procedures manual containing: 1. Job descriptions for all staff positions. 2. Drug-testing procedures and requirements. 3. A prohibition on the premises against alcohol, marijuana, illegal drugs, and the use of prescribed medications by an individual other than the individual for whom the medication is prescribed. For the purposes of this subsection, “marijuana” includes marijuana that has been certified by a qualified physician for medical use in accordance with s. 381.986. 4. Policies to support a resident’s recovery efforts. 5. A good neighbor policy to address neighborhood concerns and complaints. (b) Rules for residents. (c) Copies of all forms provided to residents. (d) Intake procedures. (e) Sexual predator and sexual offender registry compliance policy. (f) Relapse policy. (g) Fee schedule. (h) Refund policy. 10/15/25, 11:00 AM Statutes & Constitution :View Statutes : Online Sunshine https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0300-0399/0397/Sections/0397.487.html 1/4516 (i) Eviction procedures and policy. (j) Code of ethics. (k) Proof of insurance. (l) Proof of background screening. (m) Proof of satisfactory fire, safety, and health inspections. (4) A certified recovery residence must be actively managed by a certified recovery residence administrator. All applications for certification must include the name of the certified recovery residence administrator who will be actively managing the applicant recovery residence. (5) Upon receiving a complete application, a credentialing entity shall conduct an onsite inspection of the recovery residence. (6) All owners, directors, and chief financial officers of an applicant recovery residence are subject to level 2 background screening as provided under s. 408.809 and chapter 435. A recovery residence is ineligible for certification, and a credentialing entity shall deny a recovery residence’s application, if any owner, director, or chief financial officer has been found guilty of, or has entered a plea of guilty or nolo contendere to, regardless of adjudication, any offense listed in s. 408.809(4) or s. 435.04(2) unless the department has issued an exemption under s. 435.07. Exemptions from disqualification applicable to service provider personnel pursuant to s. 397.4073 or s. 435.07 shall apply to this subsection. In accordance with s. 435.04, the department shall notify the credentialing agency of an owner’s, director’s, or chief financial officer’s eligibility based on the results of his or her background screening. (7) A credentialing entity shall issue a certificate of compliance upon approval of the recovery residence’s application and inspection. The certification shall automatically terminate 1 year after issuance if not renewed. (8) Onsite followup monitoring of a certified recovery residence may be conducted by the credentialing entity to determine continuing compliance with certification requirements. The credentialing entity shall inspect each certified recovery residence at least annually to ensure compliance. (a) A credentialing entity may suspend or revoke a certification if the recovery residence is not in compliance with any provision of this section or has failed to remedy any deficiency identified by the credentialing entity within the time period specified. (b) A certified recovery residence must notify the credentialing entity within 3 business days after the removal of the recovery residence’s certified recovery residence administrator due to termination, resignation, or any other reason. The certified recovery residence has 90 days to retain a certified recovery residence administrator. The credentialing entity must revoke the certificate of compliance of any certified recovery residence that fails to comply with this paragraph. (c) If a certified recovery residence’s administrator has been removed due to termination, resignation, or any other reason and had been previously approved to actively manage more than 50 residents pursuant to s. 397.4871(8)(b), the certified recovery residence has 90 days to retain another certified recovery residence administrator pursuant to s. 397.4871. The credentialing entity must revoke the certificate of compliance of any certified recovery residence that fails to comply with this paragraph. (d) If any owner, director, or chief financial officer of a certified recovery residence is arrested and awaiting disposition for or found guilty of, or enters a plea of guilty or nolo contendere to, regardless of whether adjudication is withheld, any offense listed in s. 435.04(2) while acting in that capacity, the certified recovery residence must immediately remove the person from that position and notify the credentialing entity within 3 business days after such removal. The credentialing entity must revoke the certificate of compliance of a certified recovery residence that fails to meet these requirements. (e) A credentialing entity shall revoke a certified recovery residence’s certificate of compliance if the certified recovery residence provides false or misleading information to the credentialing entity at any time. (f) Any decision by a department-recognized credentialing entity to deny, revoke, or suspend a certification, or otherwise impose sanctions on a certified recovery residence, is reviewable by the department. Upon receiving an adverse determination, the certified recovery residence may request an administrative hearing pursuant to ss. 10/15/25, 11:00 AM Statutes & Constitution :View Statutes : Online Sunshine https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0300-0399/0397/Sections/0397.487.html 2/4517 120.569 and 120.57(1) within 30 days after completing any appeals process offered by the credentialing entity or the department, as applicable. (9) A person may not advertise to the public, in any way or by any medium whatsoever, any recovery residence as a “certified recovery residence” unless such recovery residence has first secured a certificate of compliance under this section. A person who violates this subsection commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (10)(a) A certified recovery residence may allow a minor child to visit a parent who is a resident of the recovery residence, provided that a minor child may not visit or remain in the recovery residence between the hours of 9 p.m. and 7 a.m. unless: 1. A court makes a specific finding that such visitation is in the best interest of the minor child; or 2. The recovery residence is a specialized residence for pregnant women or parents whose children reside with them. Such recovery residences may allow children to visit or reside in the residence if the parent does not yet have a time-sharing plan pursuant to s. 61.13, provided that the parent files with the court for establishment of a plan within 14 days of moving into the residence. (b) A certified recovery residence may not allow a minor child to visit a parent who is a resident of the recovery residence at any time if any resident of the recovery residence is currently required to register as a sexual predator under s. 775.21 or as a sexual offender under s. 943.0435. (11) Notwithstanding any landlord and tenant rights and obligations under chapter 83, a recovery residence that is certified under this section and has a discharge policy approved by a department-recognized credentialing entity may immediately discharge or transfer a resident in accordance with that policy under any of the following circumstances: (a) The discharge or transfer is necessary for the resident’s welfare. (b) The resident’s needs cannot be met at the recovery residence. (c) The health and safety of other residents or recovery residence employees is at risk or would be at risk if the resident continues to live at the recovery residence. (12) Any person discharged from a recovery residence under subsection (11) who willfully refuses to depart after being warned by the owner or an authorized employee of the recovery residence commits the offense of trespass in a recovery residence, a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (13) Beginning January 1, 2025, a certified recovery residence may not deny an individual access to housing solely on the basis that he or she has been prescribed federally approved medication that assists with treatment for substance use disorders by a licensed physician, a physician’s assistant, or an advanced practice registered nurse registered under s. 464.0123. (14) A local ordinance or regulation may not further regulate the duration or frequency of a resident’s stay in a certified recovery residence located within a multifamily zoning district after June 30, 2024. This provision shall expire July 1, 2026. (15)(a) By January 1, 2026, the governing body of each county or municipality shall adopt an ordinance establishing procedures for the review and approval of certified recovery residences within its jurisdiction. The ordinance must include a process for requesting reasonable accommodations from any local land use regulation that serves to prohibit the establishment of a certified recovery residence. (b) At a minimum, the ordinance must: 1. Be consistent with the Fair Housing Amendments Act of 1988, 42 U.S.C. ss. 3601 et seq., and Title II of the Americans with Disabilities Act, 42 U.S.C. ss. 12131 et seq. 2. Establish a written application process for requesting a reasonable accommodation for the establishment of a certified recovery residence, which application must be submitted to the appropriate local government office. 3. Require the local government to date stamp each application upon receipt. If additional information is required, the local government must notify the applicant in writing within the first 30 days after receipt of the application and allow the applicant at least 30 days to respond. 10/15/25, 11:00 AM Statutes & Constitution :View Statutes : Online Sunshine https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0300-0399/0397/Sections/0397.487.html 3/4518 4. Require the local government to issue a final written determination on the application within 60 days after receipt of a completed application. The determination must: a. Approve the request in whole or in part, with or without conditions; or b. Deny the request, stating with specificity the objective, evidence-based reasons for denial and identifying any deficiencies or actions necessary for reconsideration. 5. Provide that if a final written determination is not issued within 60 days after receipt of a completed application, the request is deemed approved unless the parties agree in writing to a reasonable extension of time. 6. Require that the application include, at a minimum: a. The name and contact information of the applicant or the applicant’s authorized representative; b. The property address and parcel identification number; and c. A description of the accommodation requested and the specific regulation or policy from which relief is sought. (c) The ordinance may establish additional requirements for the review or approval of reasonable accommodation requests for establishing a certified recovery residence, provided such requirements are consistent with federal law and do not conflict with this subsection. (d) The ordinance may not require public hearings beyond the minimum required by law to grant the requested accommodation. (e) The ordinance may include provisions for the revocation of a granted accommodation of a certified recovery residence for cause, including, but not limited to, a violation of the conditions of approval or the lapse, revocation, or failure to maintain certification or licensure required under this section, if not reinstated within 180 days. (f) The ordinance and establishment of a reasonable accommodation process does not relieve the local government from its obligations under the Fair Housing Amendments Act of 1988, 42 U.S.C. ss. 3601 et seq., and Title II of the Americans with Disabilities Act, 42 U.S.C. ss. 12131 et seq. The regulation for which the applicant is seeking a reasonable accommodation must not facially discriminate against or otherwise disparately impact the applicant. (16) The application of this section does not supersede any current or future declaration or declaration of condominium adopted pursuant to chapter 718; any cooperative document adopted pursuant to chapter 719; or any declaration or declaration of covenant adopted pursuant to chapter 720. History.—s. 2, ch. 2015-100; s. 2, ch. 2017-80; s. 7, ch. 2019-159; s. 2, ch. 2020-38; s. 3, ch. 2021-128; s. 10, ch. 2021-156; s. 4, ch. 2023-298; s. 15, ch. 2024-71; s. 3, ch. 2024-176; s. 27, ch. 2025-156; s. 1, ch. 2025-182. Copyright © 1995-2025 The Florida Legislature • Privacy Statement • Contact Us 10/15/25, 11:00 AM Statutes & Constitution :View Statutes : Online Sunshine https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0300-0399/0397/Sections/0397.487.html 4/4519 Page 1 of 2 Business Impact Estimate This form should be included in the agenda packet for the item under which the proposed ordinance is to be considered and must be posted on the City’s website by the time notice of the proposed ordinance is published. Proposed ordinance’s title/reference: This Business Impact Estimate is provided in accordance with section 166.041(4), Florida Statutes. If one or more boxes are checked below, this means the City is of the view that a business impact estimate is not required by state law1 for the proposed ordinance, but the City is, nevertheless, providing this Business Impact Estimate as a courtesy and to avoid any procedural issues that could impact the enactment of the proposed ordinance. This Business Impact Estimate may be revised following its initial posting. Applicable Exemptions: ☒ The proposed ordinance is required for compliance with Federal or State law or regulation; ☐ The proposed ordinance relates to the issuance or refinancing of debt; ☐ The proposed ordinance relates to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget; ☐ The proposed ordinance is required to implement a contract or an agreement, including, but not limited to, any Federal, State, local, or private grant or other financial assistance accepted by the municipal government; ☐ The proposed ordinance is an emergency ordinance; ☐ The ordinance relates to procurement; or ☐ The proposed ordinance is enacted to implement the following: 1 See Section 166.041(4)(c), Florida Statutes. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE CITY’S CODE OF ORDINANCES, BY AMENDING PART III, ARTICLE II, SECTION 4, BY AMENDING SUBSECTION F, “REQUESTS FOR ACCOMMODATION,” IN ORDER TO PROVIDE PROCEDURES FOR HANDLING AND PROCESSING REQUESTS FOR ACCOMMODATION FROM THE CITY’S LAND DEVELOPMENT REGULATIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE; AND FOR ALL OTHER PURPOSES. 520 Page 2 of 2 a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and municipal planning, and land development regulation, including zoning, development orders, development agreements and development permits; b. Sections 190.005 and 190.046, Florida Statutes, regarding community development districts; c. Section 553.73, Florida Statutes, relating to the Florida Building Code; or d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code. In accordance with the provisions of controlling law, even notwithstanding the fact that an exemption noted above may apply, the City hereby publishes the following information: 1. A summary of the proposed ordinance (must include a statement of the public purpose, such as serving the public health, safety, morals, and welfare): See Above. 2. An estimate of the direct economic impact of the proposed ordinance on private, for - profit businesses in the City, if any: (a) An estimate of direct compliance costs that businesses may reasonably incur if the ordinance is enacted: N/A (b) Any new charge or fee imposed by the proposed ordinance or for which businesses will be financially responsible: N/A (c) An estimate of the City’s regulatory costs, including estimated revenues from any new charges or fees to cover such costs. N/A 3. Good faith estimate of the number of businesses likely to be impacted by the proposed ordinance: N/A 4. Additional information the governing body deems usef ul (if any): N/A 521 City of Boynton Beach Agenda Item Request Form 8.B Public Hearing 6 P.M. or as soon thereafter as the agenda permits. The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. 11/18/2025 Meeting Date: 11/18/2025 Proposed Ordinance No. 25-036- Second Reading, An Ordinance of the City Commission of the City of Boynton Beach, Florida, adding Chapter 2, Article IV, Section 2-60 to the City Code of Ordinance Entitled "Public-Private Partnerships;" Establishing Procedures for Public-Private Partnerships and Unsolicited Proposals; Providing for Codification; Providing for Severability; Providing for Conflicts; and Providing for an Effective Date. Requested Action: Staff recommends approval of Proposed Ordinance No. 25-036, at second reading. Explanation of Request: The City Commission of the City of Boynton Beach, Florida, has established a purchasing policy for the fair and equitable method of administering purchases of goods and services in order to maximize the purchasing value of public funds. On February 17, 2015, City Commission passed Resolution No. R15-020 to establish a non- exclusive procurement process for public-private partnerships consistent with section 287.05712, Florida Statutes. Section 255.065, Florida Statutes (the “P3 Statute”), was recently amended by the Florida Legislature through Florida HB 781, effective July 1, 2024, to modify the manner in which local governments consider and proceed with unsolicited proposals for public-private partnerships. The City Commission desires to amend of the City Code to align with the new approval methods afforded by Florida HB 781 (2024), and section 255.065, Florida Statutes. How will this affect city programs or services? If approved, this Ordinance will establish procedures for receiving, reviewing, evaluating, approving, and implementing unsolicited P3 projects. Account Line Item and Description: N/A Fiscal Impact: N/A Attachments: Ord 25-036 Public_Private_Partnership_-_Rev._10.23.25_-_Final.docx 522 Agenda Item 3814-2025 Business Impact Statement - P3 Ordinance.docx Agenda Item 3814-2025 - P3 Ordinance - Nov 4 Agenda.pptx 523 ORDINANCE NO. 25-036 Page 1 of 8 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. 1 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF 2 BOYNTON BEACH, FLORIDA, ADDING CHAPTER 2, ARTICLE IV, 3 SECTION 2-60 TO THE CITY CODE OF ORDINANCES ENTITLED 4 “PUBLIC-PRIVATE PARTNERSHIPS;” ESTABLISHING PROCEDURES FOR 5 PUBLIC-PRIVATE PARTNERSHIPS AND UNSOLICITED PROPOSALS; 6 PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; 7 PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE 8 DATE. 9 10 WHEREAS, the City Commission of the City of Boynton Beach, Florida, has established a 11 purchasing policy for the fair and equitable method of administering purchases of goods and 12 services to maximize the purchasing value of public funds; and 13 WHEREAS, on February 17, 2015, the City Commission passed Resolution No. R15-020 to 14 establish a non-exclusive procurement process for public-private partnerships consistent with 15 prior statute section 287.05712, Florida Statutes; and 16 WHEREAS, section 255.065, Florida Statutes (the “P3 Statute” as amended from time to 17 time) was recently amended by the Florida Legislature through Florida HB 781, effective July 1, 18 2024, to modify the manner in which local governments consider and proceed with unsolicited 19 proposals for public-private partnerships; and 20 WHEREAS, to promote the efficient and effective use of the public-private partnership 21 method of project delivery, the City Commission desires to amend the City Code to align with the 22 new approval methods afforded by Florida HB 781 (2024), and section 255.065, Florida Statutes; 23 and 24 524 ORDINANCE NO. 25-036 Page 2 of 8 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. WHEREAS, the City Commission has determined that this amendment serves the public 25 health, safety, and welfare of the citizens of the City of Boynton Beach. 26 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF 27 BOYNTON BEACH, FLORIDA: 28 Section 1: The foregoing “WHEREAS” clauses are hereby ratified as being true and 29 correct and are hereby made a specific part of this Ordinance upon adoption hereof. 30 Section 2: Code of Ordinances Chapter 2, “Administration,” Article IV, “Purchasing and 31 Consultants,” Section 2-60 “Reserved” is hereby amended to read as follows: 32 Sec. 2-60. Public-private partnerships; unsolicited proposals 33 (a) Policy and intent. The City Commission hereby fully adopts for the best interests of the City, 34 and for the benefit of residents and businesses in the City and of the community, the 35 legislative findings and intent set forth in section 255.065, Florida Statutes, entitled "Public-36 private partnerships" as amended from time to time, as such statute relates to public-private 37 partnerships ("P3s"), unsolicited proposals, public records and public meetings exceptions, 38 and other matters set forth in this statute. This Code section is cumulative and supplemental 39 to this Statute, and other authority and power as vested in the City of Boynton Beach by 40 section 166.011, Florida Statutes, et seq., the "Municipal Home Rule Powers Act," the City 41 Charter, and Code of Ordinances of the City of Boynton Beach. This section, whenever 42 applicable, provides an alternative method of contracting and will not be deemed to limit 43 the power and authority of the City Commission to procure, finance, operate, or maintain any 44 public improvements, goods, or services. It is the City's intent that the public records and 45 meetings exception, as applicable and as amended, will apply to such records and meetings 46 as allowed by Florida law. The City will use reasonable efforts to protect the confidentiality 47 of documents exempted by general law from disclosure to the extent provided by law. 48 (b) Definitions. Except as otherwise specifically set herein, the City adopts the definitions set 49 forth in section 255.065, Florida Statutes, as amended from time to time. For the purposes of 50 this section, the following definitions shall apply to the City: 51 (1) City means the City of Boynton Beach, Florida. 52 525 ORDINANCE NO. 25-036 Page 3 of 8 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. (2) City Manager includes the City Manager or the City Manager's designee. 53 (3) Comprehensive agreement means the contract between the City and a private entity for 54 a qualifying project as defined in section 255.065, Florida Statutes. 55 (4) P3 means a public-private partnership contractual arrangement between the City and a 56 private entity to design, build, finance, operate, or maintain a qualifying project. 57 (5) Responsible public entity means the City of Boynton Beach, inclusive of all departments, 58 agencies, and instrumentalities. 59 (6) Value for money analysis means a process used to compare the financial impacts of a 60 public-private partnership method of delivery with traditional public delivery 61 alternatives, including present value life-cycle costs, risk allocation, and opportunity 62 costs. 63 (c) Application Fee. A private entity submitting an unsolicited proposal must pay an initial 64 application fee of twenty-five thousand dollars ($25,000) by cash, cashier's check, or other 65 non-cancelable instrument. Personal checks will not be accepted. If the initial application fee 66 does not cover the City's costs to evaluate the proposal, the City shall request additional 67 amounts in writing. The private entity must pay additional amounts within thirty (30) days 68 of written notice, or the City may cease review of the proposal. Any unused portion of fees 69 shall be refunded to the private entity upon completion of the evaluation process. 70 (d) Unsolicited Proposal Requirements. An unsolicited proposal must include the following 71 minimum information: 72 (1) Description of the qualifying project, including conceptual design, schedule, and scope 73 of services; 74 (2) Description of the method to secure necessary property interests; 75 (3) General financing plans, including funding sources and proposed debt or equity 76 investment; 77 (4) Contact information for the private entity; 78 (5) Proposed user fees, lease payments, or service payments and methodology for changes 79 over time; 80 (6) Detailed financial analysis of the proposed project; 81 (7) Community impact assessment and stakeholder engagement plan; 82 (8) Evidence that the private entity meets minimum qualification standards; 83 (9) Any additional information reasonably requested by the City Manager. 84 526 ORDINANCE NO. 25-036 Page 4 of 8 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. After completing review of the proposal, if the proposal is deemed sufficient, the City 85 Manager may choose to proceed with the Competitive Process (e), Alternative Process for 86 Qualifying Projects (f), or reject the proposal if determined not to be in the best interest of 87 the City. 88 (e) Competitive Process. 89 (1) Public Notice and Competition. If the City Manager receives an unsolicited proposal 90 and intends to consider a comprehensive agreement, the City shall publish notice in the 91 Florida Administrative Register and a newspaper of general circulation or the City website, 92 or such other method authorized by applicable law, at least once per week for two (2) 93 weeks stating that the City has received a proposal and will accept other proposals for the 94 same project. The timeframe for accepting other proposals shall be at least twenty-one 95 (21) days but no more than one hundred twenty (120) days after initial publication, unless 96 otherwise determined by the City Commission in accordance with section 255.065, Florida 97 Statutes. Notice shall be mailed to each local government in the affected area. 98 (2) Evaluation and Selection. The City Manager shall establish an evaluation committee to 99 review and rank proposals based on factors including professional qualifications, business 100 terms, innovative design or cost-reduction techniques, and financial plans. The evaluation 101 committee may include City staff, subject matter experts, consultants, or other persons as 102 determined by the City Manager or designee. Recommendations shall be submitted to the 103 City Manager and then to the City Commission for further evaluation and final 104 determination, as further set forth herein. 105 (3) Projects Including Design Work. If a solicited qualifying project includes design work, 106 the solicitation must include a design criteria package meeting the requirements of section 107 255.065, Florida Statutes. 108 (f) Alternative Process for Qualifying Projects. The City Commission may proceed with an 109 unsolicited proposal without engaging in the competitive bidding process described in 110 section (e) above, if the City holds two duly noticed public meetings. The first meeting shall 111 present the proposal and allow the public and affected entities to comment. The second 112 meeting shall determine that the proposal is in the public’s best interest by considering the 113 benefits to the public, the financial structure and economic efficiencies of the proposal, the 114 private entity's qualifications and experience, the project's compatibility with regional 115 infrastructure plans, and public comments and responses thereto. If proceeding without 116 competitive bidding, the City must publish a report in the Florida Administrative Register for 117 at least seven days, including the public interest determination, factors considered, and 118 findings based on each considered factor. The City must also provide a statement that 119 explains why the proposal should proceed and addresses public comments. 120 527 ORDINANCE NO. 25-036 Page 5 of 8 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. (g) Value for Money Analysis. For projects with estimated costs of fifty million dollars 121 ($50,000,000) or more, the City shall require a value-for-money analysis comparing the 122 public-private partnership approach to traditional procurement methods. Notwithstanding 123 the foregoing, the City Manager or City Commission may require a value-for-money analysis 124 to be completed for any project, regardless of cost. 125 (h) City Commission Approval. All interim agreements and comprehensive agreements require 126 City Commission approval. Before approving a comprehensive agreement, the City 127 Commission must determine that: 128 (1) The project is in the public's best interest; 129 (2) The project involves City-owned facilities or facilities that will be conveyed to the City, 130 unless meeting an exemption under 255.065, Florida Statutes; 131 (3) Adequate safeguards exist to protect against additional public costs or service 132 disruptions in the event of material default or cancellation of the comprehensive agreement; 133 (4) Adequate safeguards exist for adding capacity to the project; 134 (5) The private entity has appropriate qualifications and financial capacity, and a reasonable 135 finance plan consistent with the requirements in section 255.065, Florida Statutes; 136 (6) The project cost is reasonable compared to similar facilities; 137 (7) The project is a qualifying project as defined in 255.065, Florida Statutes; and 138 (8) The agreement will result in timely project delivery. 139 The City Commission may approve an interim agreement before or in connection with the 140 negotiation of a comprehensive agreement with the private entity proposing the 141 development or operation of the qualifying project in accordance with the requirements of 142 section 255.065, Florida Statutes, or may proceed directly with a comprehensive agreement. 143 The comprehensive agreement shall include all applicable statutory requirements. 144 (i) Performance and Payment Security. The City shall require appropriate performance and 145 payment bonds, letters of credit, or other acceptable security as determined by the City's 146 Manager or the City Manager's designee. Construction components shall comply with 147 section 255.05, Florida Statutes, regarding performance and payment bonds. 148 (j) Insurance Requirements. Private entities must maintain public liability insurance or self-149 insurance in amounts satisfactory to the City and reasonably sufficient to ensure coverage 150 of tort liability and continued project operation. The City shall be named as additional 151 insured on all policies. 152 528 ORDINANCE NO. 25-036 Page 6 of 8 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. (k) Public Records. If a private entity believes information submitted is exempt from public 153 records disclosure, the entity must expressly identify the statutory basis for the claimed 154 exemption and segregate exempt information. The City will make reasonable efforts to 155 protect the confidentiality of exempt information as provided by law. 156 (l) Rejection of Proposals. The City expressly reserves the right to reject any or all proposals at 157 any point in the process prior to execution of a comprehensive agreement. No 158 recommendations, actions, or decisions under this section may be protested, and the City's 159 bid protest procedures shall not apply to public-private partnerships. 160 (m) Sovereign Immunity. Nothing in this section waives the City's sovereign immunity beyond 161 the limits established by Florida law, including section 768.28, Florida Statutes. 162 (n) Professional Services. This section does not apply to stand-alone professional services as 163 defined in section 287.055, Florida Statutes, or professional services procured in design-164 build projects outside the context of public-private partnerships. Such services shall continue 165 to be procured under section 287.055, Florida Statutes, and applicable City Code provisions. 166 This section applies to any public-private partnerships and/or unsolicited proposals that have 167 not been affirmatively voted on by the City Commission at the time of adoption to proceed with 168 the procedures set forth by section 255.065, Florida Statutes, as amended. 169 170 Section 3: Codification. It is the intention of the City Commission of the City of 171 Boynton Beach, and it is hereby ordained that the provisions of this Ordinance shall become and 172 be made a part of the Code and Ordinances of the City of Boynton Beach, Florida, and that 173 Sections of this Ordinance may be renumbered, re-lettered and the word “Ordinance” may be 174 changed to “Section,” “Article,” or such other word or phrase in order to accomplish such intention. 175 Section 4: Severability. If any clause, section, or other part of this Ordinance shall be 176 held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional 177 or invalid part shall be considered as eliminated and in no way affect the validity of the other 178 provisions of this Ordinance. 179 529 ORDINANCE NO. 25-036 Page 7 of 8 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Section 5: Conflicts. That all Ordinances or parts of Ordinances, Resolutions, 180 including, but not limited to, Resolution No. R15-020, or parts of Resolutions in conflict herewith, 181 be and the same are repealed to the extent of such conflict. 182 Section 6: Effective Date. That this Ordinance shall take effect immediately 183 upon passage. 184 185 186 187 188 [SIGNATURES ON THE FOLLOWING PAGE] 189 190 530 ORDINANCE NO. 25-036 Page 8 of 8 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. FIRST READING this ______ day of __________, 2025. 191 SECOND, FINAL READING AND PASSAGE this ______ day of _______, 2025. 192 CITY OF BOYNTON BEACH, FLORIDA 193 YES NO 194 195 Mayor – Rebecca Shelton _____ _____ 196 197 Vice Mayor – Woodrow L. Hay _____ _____ 198 199 Commissioner – Angela Cruz _____ _____ 200 201 Commissioner – Thomas Turkin _____ _____ 202 203 Commissioner – Aimee Kelley _____ _____ 204 205 VOTE ______ 206 ATTEST: 207 208 209 _____________________________ 210 Maylee DeJesús, MMC Rebecca Shelton 211 City Clerk Mayor 212 213 APPROVED AS TO FORM: 214 (Corporate Seal) 215 216 Shawna G. Lamb 217 City Attorney 218 531 Page 1 of 2 Business Impact Estimate This form should be included in the agenda packet for the item under which the proposed ordinance is to be considered and must be posted on the City’s website by the time notice of the proposed ordinance is published. Proposed ordinance’s title/reference: This Business Impact Estimate is provided in accordance with section 166.041(4), Florida Statutes. If one or more boxes are checked below, this means the City is of the view that a business impact estimate is not required by state law1 for the proposed ordinance, but the City is, nevertheless, providing this Business Impact Estimate as a courtesy and to avoid any procedural issues that could impact the enactment of the proposed ordinance. This Business Impact Estimate may be revised following its initial posting. Applicable Exemptions: ☐ The proposed ordinance is required for compliance with Federal or State law or regulation; ☐ The proposed ordinance relates to the issuance or refinancing of debt; ☐ The proposed ordinance relates to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget; ☐ The proposed ordinance is required to implement a contract or an agreement, including, but not limited to, any Federal, State, local, or private grant or other financial assistance accepted by the municipal government; ☐ The proposed ordinance is an emergency ordinance; ☒ The ordinance relates to procurement; or ☐ The proposed ordinance is enacted to implement the following: a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and municipal planning, and land development regulation, including zoning, development orders, development agreements and development permits; 1 See Section 166.041(4)(c), Florida Statutes. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ADDING CHAPTER 2, ARTICLE IV, SECTION 2-60 TO THE CITY CODE OF ORDINANCES ENTITLED “PUBLIC-PRIVATE PARTNERSHIPS”; ESTABLISHING PROCEDURES FOR PUBLIC-PRIVATE PARTNERSHIPS AND UNSOLICITED PROPOSALS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 532 Page 2 of 2 b. Sections 190.005 and 190.046, Florida Statutes, regarding community development districts; c. Section 553.73, Florida Statutes, relating to the Florida Building Code; or d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code. In accordance with the provisions of controlling law, even notwithstanding the fact that an exemption noted above may apply, the City hereby publishes the following information: 1. A summary of the proposed ordinance (must include a statement of the public purpose, such as serving the public health, safety, morals, and welfare): On February 17, 2015, City Commission passed Resolution No. R15-020 to establish a non-exclusive procurement process for public-private partnerships consistent with section 287.05712, Florida Statutes. Section 255.065, Florida Statutes (the “P3 Statute”) was recently amended by the Florida Legislature through Chapter 2024 -96, Laws of Florida, effective July 1, 2024, to modify the manner in which local governments consider and proceed with unsolicited proposals for public-private partnerships. The City Commission desires to amend of the City Code to align with the new approval methods afforded by Ch. 2024-96, Laws of Florida, and the P3 Statute. 2. An estimate of the direct economic impact of the proposed ordinance on private, for- profit businesses in the City, if any: (a) An estimate of direct compliance costs that businesses may reasonably incur if the ordinance is enacted: N/A (b) Any new charge or fee imposed by the proposed ordinance or for which businesses will be financially responsible: N/A (c) An estimate of the City’s regulatory costs, including estimated revenues from any new charges or fees to cover such costs. N/A 3. Good faith estimate of the number of businesses likely to be impacted by the proposed ordinance: N/A 4. Additional information the governing body deems useful (if any): N/A 533 Proposed Ordinance No. 25-036 Ian Gregorchik, Assistant City Attorney November 4, 2025 1 534 Public-Private Partnerships (P3) Background •In 2015, City Commission passed Resolution No. R15-020 to establish a non- exclusive procurement process for public-private partnerships consistent with Florida Statutes •Section 255.065, Florida Statutes, was amended on July 1, 2024, to modify the manner in which local governments consider and proceed with unsolicited proposals for public-private partnerships. •This Ordinance amends the City Code to align with the new approval methods. 2 535 Public-Private Partnerships (P3) Ordinance •Implements a process for the City to receive, review, and proceed with unsolicited P3 proposals through either a competitive or non-competitive process. •Adopts an Initial Application Fee ($25,000). 3 536 Discussion and Vote 4 537 City of Boynton Beach Agenda Item Request Form 8.C Public Hearing 6 P.M. or as soon thereafter as the agenda permits. The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. 11/18/2025 Meeting Date: 11/18/2025 Proposed Ordinance No. 25-037 - Second Reading, An Ordinance of the City of Boynton Beach, Florida, Submitting to Referendum an Amendment to the City Charter; Adding a Preamble to the City Charter to Establish the Foundational Purposes and Principles Of City Governance; Providing for a Notice of an Advertisement of the Referendum Election to be Published in Accordance with the State of Florida Election Code; Providing that this Ordinance, when Adopted, Shall Be Submitted to the Qualified Electors of the City of Boynton Beach, Florida, on the March 2026 General Municipal Election Ballot and Shall Become Effective as Provided by Law; Providing for Conflicts, Severability, and an Effective Date. Requested Action: Staff recommends approval of Proposed Ordinance No. 25-037, at second reading. Explanation of Request: The Charter Review Committee (the "Committee") was established by Resolution No. R25- 195 of the City Commission of the City of Boynton Beach, Florida. This resolution authorized the formation of a five-member advisory committee to review and propose amendments to the City Charter. Members were appointed individually by the Mayor, Vice Mayor, and City Commissioners, representing a cross-section of professional experience and civic engagement. The Committee was charged with: 1. Reviewing the existing City Charter; 2. Considering proposed amendments prepared by the City Attorney’s Office; and 3. Recommending any additional modifications necessary to improve the Charter ’s clarity, function, and responsiveness to the public interest. The Committee met regularly from August through October 2025 and received staff assistance from the City Attorney’s Office and City Clerk’s Office. All meetings were publicly noticed and conducted in accordance with the Florida Sunshine Law. 538 Based on its review, the Committee recommends adoption of the following proposed charter amendment: Preamble Creation The proposed Charter Preamble establishes the foundational purposes and guiding principles of the City of Boynton Beach’s government. It provides an introductory statement expressing the City’s core values and the intent behind its Charter provisions. Specifically, the preamble: Affirms the City’s commitment to protecting the general health, safety, and welfare of its residents; Expresses the principles of honest, efficient, and responsive governance as central to municipal operations; and Formally recognizes that the Charter is adopted pursuant to the Florida Constitution and state law, grounding the City’s home rule authority in the broader framework of state government. While the preamble does not create new powers or legal obligations, it serves an important symbolic and interpretive role—articulating the civic philosophy that underlies all sections of the Charter. It provides context for understanding the City’s governmental structure, helps guide interpretation of the Charter in future legal or policy settings, and mirrors best practices in other Florida municipalities, including preambles to affirm their community values and purpose. In short, the preamble frames the City Charter as a document dedicated to good governance, community wellbeing, and accountability to the people of Boynton Beach. How will this affect city programs or services? None. Budgeted Item: Yes Account Line Item and Description: None. Fiscal Impact: None. Attachments: Ord 25-037 Charter_Preamble (1).docx Agenda Item 3917-2025 Business Impact Statement - Charter Preamble.docx Agenda Items 3917-3921 Charter Amendment Ordinances - Nov 4 Agenda.pptx 539 ORDINANCE NO. 25-037 08.17.25 (IG) Page 1 of 6 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. 1 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA 2 SUBMITTING TO REFERENDUM AN AMENDMENT TO THE CITY 3 CHARTER; ADDING A PREAMBLE TO THE CITY CHARTER TO 4 ESTABLISH THE FOUNDATIONAL PURPOSES AND PRINCIPLES OF CITY 5 GOVERNANCE; PROVIDING FOR A NOTICE OF AN ADVERTISEMENT OF 6 THE REFERENDUM ELECTION TO BE PUBLISHED IN ACCORDANCE 7 WITH THE STATE OF FLORIDA ELECTION CODE; PROVIDING THAT 8 THIS ORDINANCE, WHEN ADOPTED, SHALL BE SUBMITTED TO THE 9 QUALIFIED ELECTORS OF THE CITY OF BOYNTON BEACH, FLORIDA, 10 ON THE MARCH 2026 GENERAL MUNICIPAL ELECTION BALLOT AND 11 SHALL BECOME EFFECTIVE AS PROVIDED BY LAW; PROVIDING FOR 12 CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. 13 14 WHEREAS, Chapter 166, Florida Statutes, as amended, provides for a methodology of 15 Charter amendments supplementary to and not in conflict with the Charter of the City of Boynton 16 Beach ("City"); and 17 WHEREAS, Chapter 166, Florida Statutes, as amended, provides that such an amendment 18 may be submitted to a referendum vote by the City Commission through the adoption of an 19 Ordinance calling for such a referendum election; and 20 WHEREAS, the City Commission has determined that it is in the best interest of the City 21 to add a Preamble to the City Charter that articulates the foundational purposes and principles 22 underlying the City’s governance structure; and 23 WHEREAS, the City Commission has publicly reviewed, considered, and directed that this 24 Ordinance be prepared and that the appropriate Charter Referendum question be included 25 herein and submitted to the qualified electors of the City of Boynton Beach, Florida, at the March 26 2026 General Municipal Election. 27 540 ORDINANCE NO. 25-037 08.17.25 (IG) Page 2 of 6 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF 28 BOYNTON BEACH, FLORIDA: 29 Section 1: The foregoing “WHEREAS” clauses are hereby ratified as being true and 30 correct and are hereby made a specific part of this Ordinance upon adoption hereof. 31 Section 2: The City Charter is hereby revised to read as follows: 32 SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED 33 HEREIN BY REFERENCE 34 Section 3: The Ballot Title shall be as follows: 35 AMENDMENT TO CITY CHARTER – ADDITION OF PREAMBLE 36 Section 4: The following question shall be placed on the ballot for consideration by 37 the qualified electors of the City of Boynton Beach, Florida, at the March 2026 General Municipal 38 Election in Palm Beach County, Florida. The election ballot question shall read as follows: 39 Shall the City Charter be amended to add a Preamble establishing the foundational 40 purposes and principles of the City’s government, including protecting the general 41 health, welfare, and safety of residents and promoting honest, efficient, and 42 responsive government? 43 44 YES_____ NO_____ 45 46 Section 5: That should a majority of electors voting on the above-referenced 47 referendum election vote "YES," thereby approving the above ballot issue, the revised charter 48 language shall become a part of the Charter of the City of Boynton Beach, Florida. 49 541 ORDINANCE NO. 25-037 08.17.25 (IG) Page 3 of 6 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Section 6: The City Clerk is hereby directed to update and republish the City Charter 50 to incorporate any approved amendments, including: 51 (a) Affixing the appropriate article and section numbers and/or letters to conform the 52 Charter to the approved amendments; 53 (b) Making all necessary technical corrections to cross-references, table of contents, and 54 formatting; 55 (c) Coordinating with the City’s municipal code provider to update the Charter on the City's 56 municipal code website within thirty (30) days of certification of election results; and 57 (d) Filing the updated Charter with the Florida Department of State within the timeframe 58 required by law. 59 Section 7: The City Clerk of the City of Boynton Beach is hereby authorized and 60 directed to take all steps necessary to place this charter amendment on the ballot, including but 61 not limited to: 62 (a) Preparing and publishing all notices and advertisements required by Florida Statutes 63 Chapter 100, the City's Charter, and the City's Code of Ordinances; 64 (b) Coordinating with the Palm Beach County Supervisor of Elections to ensure the charter 65 amendment question is properly placed on the ballot; 66 (c) Providing the Supervisor of Elections with the ballot title and summary in the form and 67 timeframe required; 68 542 ORDINANCE NO. 25-037 08.17.25 (IG) Page 4 of 6 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. (d) Ensuring compliance with all applicable deadlines under state and local law; and 69 (e) Taking any and all other actions required to effectuate the referendum election. 70 Section 8: All Ordinance or parts of Ordinance in conflict herewith, be and the same 71 are repealed to the extent of such conflict. 72 Section 9: If any clause, section, or other part of this Ordinance shall be held by any 73 court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid 74 part shall be considered as eliminated and in no way affect the validity of the other provisions of 75 this Ordinance. 76 Section 10: This Ordinance shall become effective immediately upon execution by all 77 parties. 78 Section 11: Effective Date of Proposed Charter Amendments. The Proposed Charter 79 Amendments will take effect upon the affirmative vote of a majority of those electors voting in 80 the March 2026 election in the City of Boynton Beach. 81 82 83 543 ORDINANCE NO. 25-037 08.17.25 (IG) Page 5 of 6 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. FIRST READING this ______ day of ___________, 2025. 84 SECOND, FINAL READING AND PASSAGE this ______ day of _______, 2025. 85 CITY OF BOYNTON BEACH, FLORIDA 86 YES NO 87 88 Mayor – Rebecca Shelton _____ _____ 89 90 Vice Mayor – Woodrow L. Hay _____ _____ 91 92 Commissioner – Aimee Kelley _____ _____ 93 94 Commissioner – Angela Cruz _____ _____ 95 96 Commissioner – Thomas Turkin _____ _____ 97 98 VOTE ______ 99 ATTEST: 100 101 _____________________________ 102 Maylee DeJesús, MMC Rebecca Shelton 103 City Clerk Mayor 104 105 APPROVED AS TO FORM: 106 (Corporate Seal) 107 108 109 Shawna G. Lamb 110 City Attorney 111 112 544 ORDINANCE NO. 25-037 08.17.25 (IG) Page 6 of 6 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. EXHIBIT “A” PREAMBLE 1 The citizens of the City of Boynton Beach, in order to protect the general health, welfare, and 2 safety of its residents, promote honest, efficient, and responsive government, hereby adopt a City 3 Charter in accordance with the Constitution and Statutes of the State of Florida. 4 5 545 Page 1 of 3 Business Impact Estimate This form should be included in the agenda packet for the item under which the proposed ordinance is to be considered and must be posted on the City’s website by the time notice of the proposed ordinance is published. Proposed ordinance’s title/reference: This Business Impact Estimate is provided in accordance with section 166.041(4), Florida Statutes. If one or more boxes are checked below, this means the City is of the view that a business impact estimate is not required by state law1 for the proposed ordinance, but the City is, nevertheless, providing this Business Impact Estimate as a courtesy and to avoid any procedural issues that could impact the enactment of the proposed ordinance. This Business Impact Estimate may be revised following its initial posting. Applicable Exemptions: ☐ The proposed ordinance is required for compliance with Federal or State law or regulation; ☐ The proposed ordinance relates to the issuance or refinancing of debt; ☐ The proposed ordinance relates to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget; ☐ The proposed ordinance is required to implement a contract or an agreement, including, but not limited to, any Federal, State, local, or private grant or other financial assistance accepted by the municipal government; ☐ The proposed ordinance is an emergency ordinance; 1 See Section 166.041(4)(c), Florida Statutes. An Ordinance of the City of Boynton Beach, Florida, Submitting to Referendum an Amendment to the City Charter; Adding a Preamble to the City Charter to Establish the Foundational Purposes and Principles Of City Governance; Providing for a Notice of an Advertisement of the Referendum Election to be Published in Accordance with the State of Florida Election Code; Providing that this Ordinance, when Adopted, Shall Be Submitted to the Qualified Electors of the City of Boynton Beach, Florida, on the March 2026 General Municipal Election Ballot and Shall Become Effective as Provided by Law; Providing for Conflicts, Severability, and an Effective Date. 546 Page 2 of 3 ☐ The ordinance relates to procurement; or ☐ The proposed ordinance is enacted to implement the following: a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and municipal planning, and land development regulation, including zoning, development orders, development agreements and development permits; b. Sections 190.005 and 190.046, Florida Statutes, regarding community development districts; c. Section 553.73, Florida Statutes, relating to the Florida Building Code; or d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code. In accordance with the provisions of controlling law, even notwithstanding the fact that an exemption noted above may apply, the City hereby publishes the following information: 1. A summary of the proposed ordinance (must include a statement of the public purpose, such as serving the public health, safety, morals, and welfare): The proposed Charter Preamble establishes the foundational purposes and guiding principles of the City of Boynton Beach’s government. It provides an introductory statement expressing the City’s core values and the intent behind its Charter provisions. Specifically, the preamble: Affirms the City’s commitment to protecting the general health, safety, and welfare of its residents; Expresses the principles of honest, efficient, and responsive governance as cen tral to municipal operations; and Formally recognizes that the Charter is adopted pursuant to the Florida Constitution and state law, grounding the City’s home rule authority in the broader framework of state government. While the preamble does not create new powers or legal obligations, it serves an important symbolic and interpretive role—articulating the civic philosophy that underlies all sections of the Charter. It provides context for understanding the City’s governmental structure, helps guide interpretation of the Charter in future legal or policy settings, and mirrors best practices in other Florida municipalities, including preambles to affirm their community values and purpose. In short, the preamble frames the City Charter as a document dedicated to good governance, community wellbeing, and accountability to the people of Boynton Beach. 2. An estimate of the direct economic impact of the proposed ordinance on private, for - profit businesses in the City, if any: (a) An estimate of direct compliance costs that businesses may reasonably incur if the ordinance is enacted: N/A 547 Page 3 of 3 (b) Any new charge or fee imposed by the proposed ordinance or for which businesses will be financially responsible: N/A (c) An estimate of the City’s regulatory costs, including estimated revenues from any new charges or fees to cover such costs. N/A 3. Good faith estimate of the number of businesses likely to be impacted by the proposed ordinance: N/A 4. Additional information the governing body deems useful (if any): N/A 548 Proposed Ordinance No. 25-037 Ian Gregorchik, Assistant City Attorney November 4, 2025 1 549 2 550 Discussion and Vote 3 551 Proposed Ordinance No. 25-038 Ian Gregorchik, Assistant City Attorney November 4, 2025 4 552 Amendment: Charter Section 3 Current Requirement Candidates must reside in the city for one year prior to filing Proposed Change Add a requirement for continuous residence within the city for at least one (1) year prior to filing for office Key Benefits •Ensures candidates have sustained commitment to the community •Prevents last-minute residency claims •Clarifies eligibility standards 5 553 Discussion and Vote 6 554 Proposed Ordinance No. 25-039 Ian Gregorchik, Assistant City Attorney November 4, 2025 7 555 Key Changes •Increases terms of office for the Mayor and City Commissioners from three (3) to four (4) years,beginning with the March 2028 municipal election; •Clarifies what constitutes a "term" for purposes of enforcing term limits—specifically, that service of morethan one-half of a full term counts as a complete term; •Imposes a one-year "sit-out period" after any person serves two consecutive terms before becomingeligible to run again for any elective City office. •As written, Ordinance treats the office of Mayor and Commissioner the same for term limits. •Example:If Commissioner Smith completes 2 consecutive terms ending in March 2030, they cannot runfor Mayor or Commissioner again until the March 2032 election (after 1 year has passed). CURRENT TERMS PROPOSED CHANGES 3-year terms 4-year terms (begins 2028) 2 consecutive term limit 2 consecutive term limit remains Unclear “full term” definition Serving >1/2 term = full term No sit-out period 1-year sit-out required Implementation Timeline • March 2026 election: 3-year terms • March 2028 and beyond: 4-year terms Amendment: Charter Section 5 Benefits •Continuity of leadership •Reduces election frequency and cost 8 556 Discussion and Vote 9 557 Proposed Ordinance No. 25-040 Ian Gregorchik, Assistant City Attorney November 4, 2025 10 558 Key Changes Reaffirms the City's Commission/City Manager model of government, explicitly identifying the Mayor and Commission as the legislative and policy-making body; Requires a super-majority approval by the City Commission to appoint or remove the City Manager and City Attorney, ensuring stability in key leadership roles; Clarifies that all other City employees are hired, appointed, and discharged by the City Manager, with the appointment or discharge of Assistant City Managers subject to Commission confirmation; Defines the City Manager's administrative authority over all departments, personnel, and day-to-day operations; and Prohibits individual Commissioners from directing or interfering with staff, reinforcing professional management and ethical boundaries between policy and administration. Benefits • Promotes stability in key leadership positions • Reduces political interference in administration • Clarifies separation of policy from operations Amendment: Charter Section 20 11 559 Discussion and Vote 12 560 Proposed Ordinance No. 25-041 Ian Gregorchik, Assistant City Attorney November 4, 2025 13 561 Amendment: Language Modernization Updates to Multiple Charter Sections (8, 20, 23, 24, 40, 50, 52, 54, 55) •Replace:“he,” “him,” “his/her” •With:“they,” “them,” “their” or title roles Modernize Language • Include digital communication methods • Comply with current FL Statutes Notice Requirements Replaces gender-specific language (e.g., "he/his") with neutral terms throughout the Charter; Updates notice and publication requirements to comply with modern communication practices, allowing notices to be published electronically on the City's website as permitted by Florida Statutes; Makes minor grammatical and formatting corrections to ensure consistency and readability. Benefits This modernization package does not change the substance of City governance but aligns the Charter with contemporary standards of inclusivity, transparency, and statutory compliance, reducing ambiguity and improving public understanding. 14 562 Discussion and Vote 15 563 •Today - City Commission consideration of referendumordinances •First Reading - Commission adopts ordinances on first reading •Second Reading - Final passage of referendum ordinances •Notice & Publication - City Clerk advertises referendum per Florida Election Code •March 2026 - Votersdecide on approved amendments •Upon VoterApproval - Amendments become effective immediately •March 2028 - Four-year terms begin (if Amendment 3 approved) Important Notes • Each amendment is voted on separately - approval of one does not affect others • City Clerk will ensure proper ballot formatting and publication Implementation Timeline 16 564 City of Boynton Beach Agenda Item Request Form 8.D Public Hearing 6 P.M. or as soon thereafter as the agenda permits. The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. 11/18/2025 Meeting Date: 11/18/2025 Proposed Ordinance No. 25-038 - Second Reading, An Ordinance of the City of Boynton Beach, Florida, Submitting to Referendum Amendments to the City Charter; Amending Section 3 to Require Continuous Residence within the City for at Least One (1) Year Prior to Filing to Run for Office; Providing for a Notice of an Advertisement of the Referendum Election to be Published in Accordance with the State of Florida Election Code; Providing that this Ordinance, when Adopted, Shall be Submitted to the Qualified Electors of the City of Boynton Beach, Florida, on the March 2026 General Municipal Election Ballot and Shall Become Effective as Provided by Law; Providing for Conflicts, Severability, and an Effective Date. Requested Action: Staff recommends approval of Proposed Ordinance No. 25-038, at second reading. Explanation of Request: The Charter Review Committee (the "Committee") was established by Resolution No. R25- 195 of the City Commission of the City of Boynton Beach, Florida. This resolution authorized the formation of a five-member advisory committee to review and propose amendments to the City Charter. Members were appointed individually by the Mayor, Vice Mayor, and City Commissioners, representing a cross-section of professional experience and civic engagement. The Committee was charged with: 1. Reviewing the existing City Charter; 2. Considering proposed amendments prepared by the City Attorney’s Office; and 3. Recommending any additional modifications necessary to improve the Charter ’s clarity, function, and responsiveness to the public interest. The Committee met regularly from August through October 2025 and received staff assistance from the City Attorney’s Office and City Clerk’s Office. All meetings were publicly noticed and conducted in accordance with the Florida Sunshine Law. 565 Based on its review, the Committee recommends adoption of the following proposed charter amendment: Section 3 -- Candidate Qualifications and Residency Requirements This amendment revises Section 3 (Composition, Election, Terms, Vacancies) of the City Charter to require that candidates for Mayor and City Commissioner must have resided continuously within the City of Boynton Beach for at least one (1) year prior to filing for office. The amendment: Clarifies candidate qualifications by explicitly requiring continuous residency within the City for a minimum of one year before qualifying to run; Ensures that candidates for district seats must also have resided continuously within their respective districts for at least one year prior to filing; Affirms age and elector requirements, maintaining that all candidates must be at least 21 years of age and qualified electors of the City; Reorganizes and modernizes section language for consistency and readability; and Reinforces accountability and community connection, ensuring that individuals seeking office have a sustained and genuine commitment to Boynton Beach and its neighborhoods. In practical effect, this amendment codifies the City’s expectation that elected officials should have meaningful, ongoing ties to the community they serve, while maintaining consistency with constitutional standards for candidate qualifications. How will this affect city programs or services? None. Budgeted Item: Yes Account Line Item and Description: None. Fiscal Impact: None. Attachments: Ord 25-038 Charter_Section_3_-_Final.docx Agenda Item 3918-2025 Business Impact Statement - Charter Section 3.docx Agenda Items 3917-3921 Charter Amendment Ordinances - Nov 4 Agenda.pptx 566 08.17.25 (IG) Page 1 of 6 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. ORDINANCE NO. 25-038 1 2 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA 3 SUBMITTING TO REFERENDUM AMENDMENTS TO THE CITY 4 CHARTER; AMENDING SECTION 3 TO REQUIRE CONTINUOUS 5 RESIDENCE WITHIN THE CITY FOR AT LEAST ONE (1) YEAR PRIOR TO 6 FILING TO RUN FOR OFFICE; PROVIDING FOR A NOTICE OF AN 7 ADVERTISEMENT OF THE REFERENDUM ELECTION TO BE PUBLISHED 8 IN ACCORDANCE WITH THE STATE OF FLORIDA ELECTION CODE; 9 PROVIDING THAT THIS ORDINANCE, WHEN ADOPTED, SHALL BE 10 SUBMITTED TO THE QUALIFIED ELECTORS OF THE CITY OF BOYNTON 11 BEACH, FLORIDA, ON THE MARCH 2026 GENERAL MUNICIPAL 12 ELECTION BALLOT AND SHALL BECOME EFFECTIVE AS PROVIDED BY 13 LAW; PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE 14 DATE. 15 16 WHEREAS, Chapter 166, Florida Statutes, as amended, provides for a methodology of 17 Charter amendments supplementary to and not in conflict with the Charter of the City of Boynton 18 Beach ("City"); and 19 WHEREAS, Chapter 166, Florida Statutes, as amended, provides that such an amendment 20 may be submitted to a referendum vote by the City Commission through the adoption of an 21 Ordinance calling for such a referendum election; and 22 WHEREAS, the City Commission has determined that it is in the best interest of the City 23 to modify the qualifications for elective offices to ensure candidates have a sustained 24 commitment to the community; and 25 WHEREAS, the City Commission has publicly reviewed, considered, and directed that this 26 Ordinance be prepared and that the appropriate Charter Referendum question be included 27 567 08.17.25 (IG) Page 2 of 6 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. herein and submitted to the qualified electors of the City of Boynton Beach, Florida, at the March 28 2026 General Municipal Election. 29 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF 30 BOYNTON BEACH, FLORIDA: 31 Section 1: The foregoing “WHEREAS” clauses are hereby ratified as being true and 32 correct and are hereby made a specific part of this Ordinance upon adoption hereof. 33 Section 2: The City Charter is hereby revised to read as follows: 34 SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED 35 HEREIN BY REFERENCE 36 Section 3: The Ballot Title shall be as follows: 37 AMENDMENT TO CITY CHARTER – CANDIDATE 38 QUALIFICATIONS FOR ELECTIVE OFFICES 39 Section 4: The following question shall be placed on the ballot for consideration by 40 the qualified electors of the City of Boynton Beach, Florida, at the March 2026 General Municipal 41 Election in Palm Beach County, Florida. The election ballot question shall read as follows: 42 Shall the City Charter be amended to require that candidates have resided 43 continuously within the City for at least one (1) year prior to filing for office? 44 45 YES_____ NO_____ 46 47 568 08.17.25 (IG) Page 3 of 6 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Section 5: That should a majority of electors voting on the above-referenced 48 referendum election vote "YES," thereby approving the above ballot issue, the revised charter 49 language shall become a part of the Charter of the City of Boynton Beach, Florida. 50 Section 6: The City Clerk is hereby directed to update and republish the City Charter 51 to incorporate any approved amendments, including: 52 (a) Affixing the appropriate article and section numbers and/or letters to conform the 53 Charter to the approved amendments; 54 (b) Making all necessary technical corrections to cross-references, table of contents, and 55 formatting; 56 (c) Coordinating with the City’s municipal code provider to update the Charter on the City's 57 municipal code website within thirty (30) days of certification of election results; and 58 (d) Filing the updated Charter with the Florida Department of State within the timeframe 59 required by law. 60 Section 7: The City Clerk of the City of Boynton Beach is hereby authorized and 61 directed to take all steps necessary to place this charter amendment on the ballot, including but 62 not limited to: 63 (a) Preparing and publishing all notices and advertisements required by Florida Statutes 64 Chapter 100, the City's Charter, and the City's Code of Ordinances; 65 569 08.17.25 (IG) Page 4 of 6 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. (b) Coordinating with the Palm Beach County Supervisor of Elections to ensure the charter 66 amendment question is properly placed on the ballot; 67 (c) Providing the Supervisor of Elections with the ballot title and summary in the form and 68 timeframe required; 69 (d) Ensuring compliance with all applicable deadlines under state and local law; and 70 (e) Taking any and all other actions required to effectuate the referendum election. 71 Section 8: All Ordinance or parts of Ordinance in conflict herewith, be and the same 72 are repealed to the extent of such conflict. 73 Section 9: If any clause, section, or other part of this Ordinance shall be held by any 74 court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid 75 part shall be considered as eliminated and in no way affect the validity of the other provisions of 76 this Ordinance. 77 Section 10: This Ordinance shall become effective immediately upon execution by all 78 parties. 79 Section 11: Effective Date of Proposed Charter Amendments. The Proposed Charter 80 Amendments will take effect upon the affirmative vote of a majority of those electors voting in 81 the March 2026 election in the City of Boynton Beach. 82 83 (REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK) 84 570 08.17.25 (IG) Page 5 of 6 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. FIRST READING this ______ day of ___________, 2025. 85 SECOND, FINAL READING AND PASSAGE this ______ day of _______, 2025. 86 CITY OF BOYNTON BEACH, FLORIDA 87 YES NO 88 89 Mayor – Rebecca Shelton _____ _____ 90 91 Vice Mayor – Woodrow L. Hay _____ _____ 92 93 Commissioner – Aimee Kelley _____ _____ 94 95 Commissioner – Angela Cruz _____ _____ 96 97 Commissioner – Thomas Turkin _____ _____ 98 99 VOTE ______ 100 ATTEST: 101 102 _____________________________ 103 Maylee DeJesús, MMC Rebecca Shelton 104 City Clerk Mayor 105 106 APPROVED AS TO FORM: 107 (Corporate Seal) 108 109 110 Shawna G. Lamb 111 City Attorney 112 113 571 08.17.25 (IG) Page 6 of 6 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. EXHIBIT “A” Sec. 3. Composition, election, terms, vacancies. 1 (a) In order to qualify for the office of Mayor, a candidate must be a qualified elector of the 2 City of Boynton Beach and have resided continuously within the City for a period of not 3 less than one (1) year prior to filing for office, and who shall have attained the age of 4 twenty-one (21) years on or before the date the candidate files and qualifies for office. 5 The Mayor of the City of Boynton Beach may reside in any of the four (4) election districts 6 and shall be elected by a city-wide vote. 7 (b) There shall be a City Commission of four (4) members elected from each of the four (4) 8 election districts within the City, and a Mayor who is elected by a city-wide vote. Each 9 City Commissioner and each candidate for City Commissioner shall reside in the election 10 district from which he or she is (to be) elected at the time of the election. A candidate for 11 a Commission district seat must reside, for a period of not less than one (1) year 12 continuously prior to filing for election in the district from which the candidate seeks 13 election. Voters shall vote for only one (1) candidate in each election district in which the 14 voter resides, and one (1) candidate for Mayor. 15 (c) Qualifications for City Commissioners. Only qualified electors who have resided 16 continuously in the City of Boynton Beach for at least one (1) year immediately prior to 17 the election and who shall have attained the age of twenty-one (21) years on or before 18 the date the candidate files and qualifies as a candidate for office shall be eligible to hold 19 the office of City Commissioner. Each Commissioner and each candidate for 20 Commissioner, commencing with the election in March 2014 shall be elected from the 21 election district in which he or she they resides, subject to the fifty percent (50%) plus 22 one rule and runoff procedures set forth in the City Charter. Once elected, a 23 Commissioner from an election district shall remain a resident of the election district and 24 the City of Boynton Beach during his/her their term of office or shall forfeit his/her their 25 office. 26 *** 27 572 Page 1 of 3 Business Impact Estimate This form should be included in the agenda packet for the item under which the proposed ordinance is to be considered and must be posted on the City’s website by the time notice of the proposed ordinance is published. Proposed ordinance’s title/reference: This Business Impact Estimate is provided in accordance with section 166.041(4), Florida Statutes. If one or more boxes are checked below, this means the City is of the view that a business impact estimate is not required by state law1 for the proposed ordinance, but the City is, nevertheless, providing this Business Impact Estimate as a courtesy and to avoid any procedural issues that could impact the enactment of the proposed ordinance. This Business Impact Estimate may be revised following its initial posting. Applicable Exemptions: ☐ The proposed ordinance is required for compliance with Federal or State law or regulation; ☐ The proposed ordinance relates to the issuance or refinancing of debt; ☐ The proposed ordinance relates to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget; ☐ The proposed ordinance is required to implement a contract or an agreement, including, but not limited to, any Federal, State, local, or private grant or other financial assistance accepted by the municipal government; ☐ The proposed ordinance is an emergency ordinance; 1 See Section 166.041(4)(c), Florida Statutes. An Ordinance of the City of Boynton Beach, Florida, Submitting to Referendum Amendments to the City Charter; Amending Section 3 to Require Continuous Residence within the City for at Least One (1) Year Prior to Filing to Run for Office; Providing for a Notice of an Advertisement of the Referendum Election to be Published in Accordance with the State of Florida Election Code; Providing that this Ordinance, when Adopted, Shall be Submitted to the Qualified Electors of the City of Boynton Beach, Florida, on the March 2026 General Municipal Election Ballot and Shall Become Effective as Provided by Law; Providing for Conflicts, Severability, and an Effective Date. 573 Page 2 of 3 ☐ The ordinance relates to procurement; or ☐ The proposed ordinance is enacted to implement the following: a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and municipal planning, and land development regulation, including zoning, development orders, development agreements and development permits; b. Sections 190.005 and 190.046, Florida Statutes, regarding community development districts; c. Section 553.73, Florida Statutes, relating to the Florida Building Code; or d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code. In accordance with the provisions of controlling law, even notwithstanding the fact that an exemption noted above may apply, the City hereby publishes the following information: 1. A summary of the proposed ordinance (must include a statement of the public purpose, such as serving the public health, safety, morals, and welfare): Section 3 -- Candidate Qualifications and Residency Requirements This amendment revises Section 3 (Composition, Election, Terms, Vacancies) of the City Charter to require that candidates for Mayor and City Commissioner must have resided continuously within the City of Boynton Beach for at least one (1) year prior to filing for office. The amendment: Clarifies candidate qualifications by explicitly requiring continuous residency within the City for a minimum of one year before qualifying to run; Ensures that candidates for district seats must also have resided continuously within their respective districts for at least one year prior to filing; Affirms age and elector requirements, maintaining that all candid ates must be at least 21 years of age and qualified electors of the City; Reorganizes and modernizes section language for consistency and readability; and Reinforces accountability and community connection, ensuring that individuals seeking office have a sustained and genuine commitment to Boynton Beach and its neighborhoods. In practical effect, this amendment codifies the City’s expectation that elected officials should have meaningful, ongoing ties to the community they serve, while maintaining consistency with constitutional standards for candidate qualifications. 2. An estimate of the direct economic impact of the proposed ordinance on private, for - profit businesses in the City, if any: (a) An estimate of direct compliance costs that businesses may reasonably incur if the ordinance is enacted: N/A 574 Page 3 of 3 (b) Any new charge or fee imposed by the proposed ordinance or for which businesses will be financially responsible: N/A (c) An estimate of the City’s regulatory costs, including estimated revenues from any new charges or fees to cover such costs. N/A 3. Good faith estimate of the number of businesses likely to be impacted by the proposed ordinance: N/A 4. Additional information the governing body deems useful (if any): N/A 575 Proposed Ordinance No. 25-037 Ian Gregorchik, Assistant City Attorney November 4, 2025 1 576 2 577 Discussion and Vote 3 578 Proposed Ordinance No. 25-038 Ian Gregorchik, Assistant City Attorney November 4, 2025 4 579 Amendment: Charter Section 3 Current Requirement Candidates must reside in the city for one year prior to filing Proposed Change Add a requirement for continuous residence within the city for at least one (1) year prior to filing for office Key Benefits •Ensures candidates have sustained commitment to the community •Prevents last-minute residency claims •Clarifies eligibility standards 5 580 Discussion and Vote 6 581 Proposed Ordinance No. 25-039 Ian Gregorchik, Assistant City Attorney November 4, 2025 7 582 Key Changes •Increases terms of office for the Mayor and City Commissioners from three (3) to four (4) years,beginning with the March 2028 municipal election; •Clarifies what constitutes a "term" for purposes of enforcing term limits—specifically, that service of morethan one-half of a full term counts as a complete term; •Imposes a one-year "sit-out period" after any person serves two consecutive terms before becomingeligible to run again for any elective City office. •As written, Ordinance treats the office of Mayor and Commissioner the same for term limits. •Example:If Commissioner Smith completes 2 consecutive terms ending in March 2030, they cannot runfor Mayor or Commissioner again until the March 2032 election (after 1 year has passed). CURRENT TERMS PROPOSED CHANGES 3-year terms 4-year terms (begins 2028) 2 consecutive term limit 2 consecutive term limit remains Unclear “full term” definition Serving >1/2 term = full term No sit-out period 1-year sit-out required Implementation Timeline • March 2026 election: 3-year terms • March 2028 and beyond: 4-year terms Amendment: Charter Section 5 Benefits •Continuity of leadership •Reduces election frequency and cost 8 583 Discussion and Vote 9 584 Proposed Ordinance No. 25-040 Ian Gregorchik, Assistant City Attorney November 4, 2025 10 585 Key Changes Reaffirms the City's Commission/City Manager model of government, explicitly identifying the Mayor and Commission as the legislative and policy-making body; Requires a super-majority approval by the City Commission to appoint or remove the City Manager and City Attorney, ensuring stability in key leadership roles; Clarifies that all other City employees are hired, appointed, and discharged by the City Manager, with the appointment or discharge of Assistant City Managers subject to Commission confirmation; Defines the City Manager's administrative authority over all departments, personnel, and day-to-day operations; and Prohibits individual Commissioners from directing or interfering with staff, reinforcing professional management and ethical boundaries between policy and administration. Benefits • Promotes stability in key leadership positions • Reduces political interference in administration • Clarifies separation of policy from operations Amendment: Charter Section 20 11 586 Discussion and Vote 12 587 Proposed Ordinance No. 25-041 Ian Gregorchik, Assistant City Attorney November 4, 2025 13 588 Amendment: Language Modernization Updates to Multiple Charter Sections (8, 20, 23, 24, 40, 50, 52, 54, 55) •Replace:“he,” “him,” “his/her” •With:“they,” “them,” “their” or title roles Modernize Language • Include digital communication methods • Comply with current FL Statutes Notice Requirements Replaces gender-specific language (e.g., "he/his") with neutral terms throughout the Charter; Updates notice and publication requirements to comply with modern communication practices, allowing notices to be published electronically on the City's website as permitted by Florida Statutes; Makes minor grammatical and formatting corrections to ensure consistency and readability. Benefits This modernization package does not change the substance of City governance but aligns the Charter with contemporary standards of inclusivity, transparency, and statutory compliance, reducing ambiguity and improving public understanding. 14 589 Discussion and Vote 15 590 •Today - City Commission consideration of referendumordinances •First Reading - Commission adopts ordinances on first reading •Second Reading - Final passage of referendum ordinances •Notice & Publication - City Clerk advertises referendum per Florida Election Code •March 2026 - Votersdecide on approved amendments •Upon VoterApproval - Amendments become effective immediately •March 2028 - Four-year terms begin (if Amendment 3 approved) Important Notes • Each amendment is voted on separately - approval of one does not affect others • City Clerk will ensure proper ballot formatting and publication Implementation Timeline 16 591 City of Boynton Beach Agenda Item Request Form 8.E Public Hearing 6 P.M. or as soon thereafter as the agenda permits. The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. 11/18/2025 Meeting Date: 11/18/2025 Proposed Ordinance No. 25-041- Second Reading, An Ordinance of the City of Boynton Beach, Florida, Submitting to Referendum Amendments to the City Charter; Amending Sections 8, 20, 23, 24, 40, 50, 52, 54, and 55 to Modernize Language by Replacing Masculine-Only Pronouns and to Update Notice and Publication Requirements to Comply with Current Florida Statutes and Digital-Age Communication Practices; Providing for a Notice of an Advertisement of the Referendum Election to be Published in Accordance with the State of Florida Election Code; Providing that this Ordinance, When Adopted, Shall be Submitted to the Qualified Electors of the City of Boynton Beach, Florida, on the March 2026 General Municipal Election Ballot and Shall Become Effective as Provided by Law; Providing for Conflicts, Severability, and an Effective Date. Requested Action: Staff recommends approval of Proposed Ordinance No. 25-041, at second reading. Explanation of Request: The Charter Review Committee (the "Committee") was established by Resolution No. R25- 195 of the City Commission of the City of Boynton Beach, Florida. This resolution authorized the formation of a five-member advisory committee to review and propose amendments to the City Charter. Members were appointed individually by the Mayor, Vice Mayor, and City Commissioners, representing a cross-section of professional experience and civic engagement. The Committee was charged with: 1. Reviewing the existing City Charter; 2. Considering proposed amendments prepared by the City Attorney’s Office; and 3. Recommending any additional modifications necessary to improve the Charter ’s clarity, function, and responsiveness to the public interest. The Committee met regularly from August through October 2025 and received staff assistance from the City Attorney’s Office and City Clerk’s Office. All meetings were publicly noticed and 592 conducted in accordance with the Florida Sunshine Law. Based on its review, the Committee recommends adoption of the following proposed charter amendment: Global Revisions and Technical Fixes Throughout the Charter, redundant, outdated, or inconsistent language was corrected. Citations to state statutes were updated, and formatting was standardized. The Committee noted that these fixes do not substantively alter governance but improve readability and legal precision. This broad ordinance updates multiple sections of the Charter—including Sections 8, 20, 23, 24, 40, 50, 52, 54, and 55—to modernize terminology, improve accessibility, and align notice procedures with current state law. The amendment: Replaces gender-specific language (e.g., "he/his") with neutral terms throughout the Charter; Updates notice and publication requirements to comply with modern communication practices, allowing notices to be published electronically on the City’s website as permitted by Florida Statutes; Clarifies the process for special meetings, elections, citizen initiatives, and referendums to align with current state election procedures; and Makes minor grammatical and formatting corrections to ensure consistency and readability. Effect: This modernization package does not change the substance of City governance but aligns the Charter with contemporary standards of inclusivity, transparency, and statutory compliance, reducing ambiguity and improving public understanding. How will this affect city programs or services? None Budgeted Item: Yes Account Line Item and Description: None Fiscal Impact: None Attachments: Ord 25-041 Charter_Fixes_Throughout__002_ (1).docx 593 Agenda Item 3921-2025 Business Impact Statement - Charter Section 20.docx Agenda Items 3917-3921 Charter Amendment Ordinances - Nov 4 Agenda.pptx 594 08.17.25 (IG) Page 1 of 9 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. ORDINANCE NO. 25-041 1 2 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA 3 SUBMITTING TO REFERENDUM AMENDMENTS TO THE CITY 4 CHARTER; AMENDING SECTIONS 8, 20, 23, 24, 40, 50, 52, 54, AND 55 5 TO MODERNIZE LANGUAGE BY REPLACING MASCULINE-ONLY 6 PRONOUNS AND TO UPDATE NOTICE AND PUBLICATION 7 REQUIREMENTS TO COMPLY WITH CURRENT FLORIDA STATUTES 8 AND DIGITAL-AGE COMMUNICATION PRACTICES; PROVIDING FOR A 9 NOTICE OF AN ADVERTISEMENT OF THE REFERENDUM ELECTION TO 10 BE PUBLISHED IN ACCORDANCE WITH THE STATE OF FLORIDA 11 ELECTION CODE; PROVIDING THAT THIS ORDINANCE, WHEN 12 ADOPTED, SHALL BE SUBMITTED TO THE QUALIFIED ELECTORS OF 13 THE CITY OF BOYNTON BEACH, FLORIDA, ON THE MARCH 2026 14 GENERAL MUNICIPAL ELECTION BALLOT AND SHALL BECOME 15 EFFECTIVE AS PROVIDED BY LAW; PROVIDING FOR CONFLICTS, 16 SEVERABILITY, AND AN EFFECTIVE DATE. 17 18 WHEREAS, Chapter 166, Florida Statutes, as amended, provides for a methodology of 19 Charter amendments supplementary to and not in conflict with the Charter of the City of Boynton 20 Beach ("City"); and 21 WHEREAS, Chapter 166, Florida Statutes, as amended, provides that such an amendment 22 may be submitted to a referendum vote by the City Commission through the adoption of an 23 Ordinance calling for such a referendum election; and 24 WHEREAS, the City Commission has determined that it is in the best interest of the City 25 to modernize the Charter language to terms that are inclusive of all persons regardless of gender 26 and to update notice and publication requirements to comply with current Florida statutes and 27 digital-age communication practices; and 28 595 08.17.25 (IG) Page 2 of 9 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. WHEREAS, the City Commission has publicly reviewed, considered, and directed that this 29 Ordinance be prepared and that the appropriate Charter Referendum question be included 30 herein and submitted to the qualified electors of the City of Boynton Beach, Florida, at the March 31 2026 General Municipal Election. 32 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF 33 BOYNTON BEACH, FLORIDA: 34 Section 1: The foregoing “WHEREAS” clauses are hereby ratified as being true and 35 correct and are hereby made a specific part of this Ordinance upon adoption hereof. 36 Section 2: The City Charter is hereby revised to read as follows: 37 SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED 38 HEREIN BY REFERENCE 39 Section 3: The Ballot Title shall be as follows: 40 AMENDMENT TO CITY CHARTER – MODERNIZE LANGUAGE 41 AND NOTICE REQUIREMENTS 42 Section 4: The following question shall be placed on the ballot for consideration by 43 the qualified electors of the City of Boynton Beach, Florida, at the March 2026 General Municipal 44 Election in Palm Beach County, Florida. The election ballot question shall read as follows: 45 Shall the City Charter be amended to: (1) modernize language by replacing outdated 46 masculine-only pronouns; and (2) update notice and publication requirements to 47 comply with current Florida law and include digital communication methods? 48 YES_____ NO_____ 49 596 08.17.25 (IG) Page 3 of 9 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. 50 Section 5: That should a majority of electors voting on the above-referenced 51 referendum election vote "YES," thereby approving the above ballot issue, the revised charter 52 language shall become a part of the Charter of the City of Boynton Beach, Florida. 53 Section 6: The City Clerk is hereby directed to update and republish the City Charter 54 to incorporate any approved amendments, including: 55 (a) Affixing the appropriate article and section numbers and/or letters to conform the 56 Charter to the approved amendments; 57 (b) Making all necessary technical corrections to cross-references, table of contents, and 58 formatting; 59 (c) Coordinating with the City’s municipal code provider to update the Charter on the City's 60 municipal code website within thirty (30) days of certification of election results; and 61 (d) Filing the updated Charter with the Florida Department of State within the timeframe 62 required by law. 63 Section 7: The City Clerk of the City of Boynton Beach is hereby authorized and 64 directed to take all steps necessary to place this charter amendment on the ballot, including but 65 not limited to: 66 (a) Preparing and publishing all notices and advertisements required by Florida Statutes 67 Chapter 100, the City's Charter, and the City's Code of Ordinances; 68 597 08.17.25 (IG) Page 4 of 9 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. (b) Coordinating with the Palm Beach County Supervisor of Elections to ensure the charter 69 amendment question is properly placed on the ballot; 70 (c) Providing the Supervisor of Elections with the ballot title and summary in the form and 71 timeframe required; 72 (d) Ensuring compliance with all applicable deadlines under state and local law; and 73 (e) Taking any and all other actions required to effectuate the referendum election. 74 Section 8: All Ordinance or parts of Ordinance in conflict herewith, be and the same 75 are repealed to the extent of such conflict. 76 Section 9: If any clause, section, or other part of this Ordinance shall be held by any 77 court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid 78 part shall be considered as eliminated and in no way affect the validity of the other provisions of 79 this Ordinance. 80 Section 10: This Ordinance shall become effective immediately upon execution by all 81 parties. 82 Section 11: Effective Date of Proposed Charter Amendments. The Proposed Charter 83 Amendments will take effect upon the affirmative vote of a majority of those electors voting in 84 the March _____, 2026 election in the City of Boynton Beach. 85 86 (REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK) 87 598 08.17.25 (IG) Page 5 of 9 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. FIRST READING this ______ day of ___________, 2025. 88 SECOND, FINAL READING AND PASSAGE this ______ day of _______, 2025. 89 CITY OF BOYNTON BEACH, FLORIDA 90 YES NO 91 92 Mayor – Rebecca Shelton _____ _____ 93 94 Vice Mayor – Woodrow L. Hay _____ _____ 95 96 Commissioner – Aimee Kelley _____ _____ 97 98 Commissioner – Angela Cruz _____ _____ 99 100 Commissioner – Thomas Turkin _____ _____ 101 102 VOTE ______ 103 ATTEST: 104 105 _____________________________ 106 Maylee DeJesús, MMC Rebecca Shelton 107 City Clerk Mayor 108 109 APPROVED AS TO FORM: 110 (Corporate Seal) 111 112 113 Shawna G. Lamb 114 City Attorney 115 116 599 EXHIBIT “A” Sec. 8. Frequency, date of regular meetings; special meetings; rules of procedure. 1 (a) The Commission shall hold its meetings as the Commission deems necessary. Should any 2 scheduled City Commission meeting fall upon a date on which any national, state, county, or 3 municipal election is held, said City Commission meeting should be deferred until the next regular 4 working day. 5 (b) The Mayor, or any three (3) members of the City Commission, may call special meetings of 6 the City Commission, upon written notice to each member served personally or left at the usual 7 place of residence, or by electronic delivery to the member's designated email address. Notice of 8 all special meetings shall also be provided to the public in accordance with Chapter 286 , Florida 9 Statutes. All regular and special meetings of the City Commission shall be open to the public. The 10 City Commission shall determine its own rules and order of business. 11 … 12 Sec. 20. General provisions. * 13 … 14 (b) Supervision by City Manager. Each department, office, and agency under the direction and 15 supervision of the City Manager shall be administered by an officer appointed by and subject to 16 the direction and supervision of the City Manager. With the consent of the Commission, the City 17 Manager may serve as the head of one or more such departments, offices, or agencies, or may 18 appoint one person as the head of two or more of them, or may combine the functions of any 19 offices specified in this Charter which may be appointed by him the City Manager. 20 … 21 Sec. 23. City Attorney---Duties. 22 The City Attorney, shall, when requested by the City Commission, prepare all contracts, bonds, 23 and other instruments in writing in which the municipality is concerned, or shall endorse on each 24 his the City Attorney's approval of the form, language and execution thereof; and no contract with 25 the municipality shall be binding upon the municipality until his such approval is so endorsed 26 thereon. When required by the Commission, he the City Attorney shall prosecute and defend, for 27 and ion behalf of the City, all complaints, suits, and controversies in which the City is a party. He 28 The City Attorney shall furnish the Commission, or the City Clerk, his a written opinion on any 29 question of law relating to their respective powers and duties; and he the City Attorney shall 30 perform such other professional duties as may be required of him by ordinance or resolution of the 31 Commission or by this Charter, or such as are prescribed for City Attorneys under the general laws 32 of the State, not inconsistent with this Charter. 33 600 EXHIBIT “A” Sec. 24. City Attorney---Compensation. 34 The City Commission may, from time to time, fix the regular compensation of the City Attorney 35 at a sum commensurate with the duties which may be imposed upon him upon the City Attorney 36 by this Charter and by the Commission; provided, that all special or unusual services required of 37 the City Attorney, the fee for which is not otherwise prescribed, may be specially compensated as 38 the Commission may see fit to provide. 39 … 40 Sec. 40. Call by City Commission, publication of proclamation; qualification of candidates, 41 filing by candidates with City Clerk; notification of Supervisor of Elections. 42 All general and special elections, unless otherwise provided in this Act Charter, shall be called by 43 resolution adopted by the City Commission, and in conformance with applicable state law, and 44 published in a newspaper of general circulation in the City of Boynton Beach, Florida, once a week 45 for two (2) consecutive weeks, and such election that may be held upon such notice shall be 46 provided in accordance with Chapter 50, Florida Statutes, and the City’s Code of Ordinances. 47 Candidates for City Commission shall file such papers and pay such fees as may be required by 48 law with the City Clerk no sooner than noon on the second Tuesday of November nor later than 49 noon on the fourth Tuesday in November, of the year in which the election is to be held. The City 50 Clerk shall transmit the names of all candidates for City Commission to the Supervisor of Elections 51 by 5:00 p.m. on the first Friday business day after the close of qualifying. 52 … 53 Sec. 50. Initiative petition of proposed ordinances---Required signatures, etc. 54 Any proposed ordinance, including ordinances for repeal of ordinances then in effect or which 55 have been enacted but not yet effective, may be submitted to the City Commission by a petition, 56 signed by at least twenty-five percent of the total number of registered voters in the City. All 57 petitions circulated with respect to any proposed ordinance shall be uniform in character, shall 58 contain the proposed ordinance in full, and shall have printed or written thereon the names of five 59 electors who shall be officially regarded as filing the petition, and shall constitute a committee of 60 the petitioners for purposes hereinafter named. Each signer of the petition shall sign his their name 61 in ink or indelible pencil and shall place on the petition opposite his their name the date of his their 62 signature. The signatures of any such petition need not be appended to one paper, but to each such 63 paper shall be attached an affidavit by the circulator thereof, stating the number of signers to such 64 part of the petition and that each signature appended to the paper is the genuine signature of the 65 person whose name it purports to be, and that it was made in the presence of the affiant on the date 66 indicated. 67 … 68 601 EXHIBIT “A” Sec. 52. Initiative Petition---Action of City Commission; referendum. 69 The City Commission shall at once proceed to consider such petition and shall take final action 70 thereon within thirt y days after the date of submission. If the City Commission rejects any of the 71 provisions of the proposed ordinance, as set forth in the petition, the City Clerk shall at once cause 72 notice of the filing of such petition and the refusal of the City Commissi on to pass said ordinance 73 to be published in a newspaper of general circulation published in the City of Boynton Beach to 74 be provided in accordance with Chapter 50, Florida Statutes, and the City’s Code of Ordinances, 75 and the City Commission shall at once proceed to submit the passage of the ordinance to the 76 majority vote of the qualified electors of the City voting in such election. If a regular or special 77 election is to be held in the City not earlier than thirty days, nor later than sixty days, the ordinance 78 shall be submitted to the voters at such election; otherwise, an election shall be called for such 79 submission. At least ten days before such election, the City Clerk shall cause to be published in a 80 newspaper of general circulation published in the city the text of the ordinance to be provided in 81 accordance with Chapter 50, Florida Statutes, and the City’s Code of Ordinances. 82 Sec. 54. Initiative Petition---Form of referendum ballot. 83 Referendum elections shall be provided for in the same manner as other elections of the City. The 84 ballot shall be a piece of plain white paper which shall have printed upon it the title of the ordinance 85 to be referred, below which shall be two lines in the following form: 86 ________________________________ 87 FOR THE ORDINANCE 88 ________________________________ 89 ________________________________ 90 AGAINST THE ORDINANCE 91 ________________________________ 92 The voter shall express himself themselves by placing a cross X mark to the right of the line 93 indicating his their desire in the matter. 94 Sec. 55. Initiative Petition---Vote required to amend or repeal. 95 Ordinances adopted by referendum vote can be amended or repealed only by a referendum vote, 96 but the proposition to amend or repeal such ordinances may be submitted to the voters in any 97 regular election of the City, provided that no later than fifteen thirty days before such election the 98 City Commission shall cause notice of such reference to be published in a newspaper of general 99 circulation published in the City of Boynton Beach, Florida notice of such referendum to be in 100 accordance with Chapter 50, Florida Statutes, and the City’s Code of Ordinances, using only the 101 title of such ordinance in the notice if it is to be repealed, but the amendment in full if it is to be 102 602 EXHIBIT “A” amended. Said notice to be posted in three public places if there be no newspaper published in the 103 City. 104 *This section is the subject of a separate charter referendum question. The language changes in the other charter referenda, if adopted, shall supersede the language in this section. 603 Page 1 of 3 Business Impact Estimate This form should be included in the agenda packet for the item under which the proposed ordinance is to be considered and must be posted on the City’s website by the time notice of the proposed ordinance is published. Proposed ordinance’s title/reference: This Business Impact Estimate is provided in accordance with section 166.041(4), Florida Statutes. If one or more boxes are checked below, this means the City is of the view that a business impact estimate is not required by state law1 for the proposed ordinance, but the City is, nevertheless, providing this Business Impact Estimate as a courtesy and to avoid any procedural issues that could impact the enactment of the proposed ordinance. This Business Impact Estimate may be revised following its initial posting. Applicable Exemptions: ☐ The proposed ordinance is required for compliance with Federal or State law or regulation; ☐ The proposed ordinance relates to the issuance or refinancing of debt; ☐ The proposed ordinance relates to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget; 1 See Section 166.041(4)(c), Florida Statutes. An Ordinance of the City of Boynton Beach, Florida, Submitting to Referendum Amendments to the City Charter; Amending Sections 8, 20, 23, 24, 40, 50, 52, 54, and 55 to Modernize Language by Replacing Masculine- Only Pronouns and to Update Notice and Publication Requirements to Comply with Current Florida Statutes and Digital-Age Communication Practices; Providing for a Notice of an Advertisement of the Referendum Election to be Published in Accordance with the State of Florida Election Code; Providing that this Ordinance, When Adopted, Shall be Submitted to the Qualified Electors of the City of Boynton Beach, Florida, on the March 2026 General Municipal Election Ballot and Shall Become Effective as Provided by Law; Providing for Conflicts, Severability, and an Effective Date. 604 Page 2 of 3 ☐ The proposed ordinance is required to implement a contract or an agreement, including, but not limited to, any Federal, State, local, or private grant or other financial assistance accepted by the municipal government; ☐ The proposed ordinance is an emergency ordinance; ☐ The ordinance relates to procurement; or ☐ The proposed ordinance is enacted to implement the following: a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and municipal planning, and land development regulation, including zoning, development orders, development agreements and development permits; b. Sections 190.005 and 190.046, Florida Statutes, regarding community development districts; c. Section 553.73, Florida Statutes, relating to the Florida Building Code; or d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code. In accordance with the provisions of controlling law, even notwithstanding the fact that an exemption noted above may apply, the City hereby publishes the following information: 1. A summary of the proposed ordinance (must include a statement of the public purpose, such as serving the public health, safety, morals, and welfare): Global Revisions and Technical Fixes Throughout the Charter, redundant, outdated, or inconsistent language was corrected. Citations to state statutes were updated, and formatting was standardized. The Committee noted that these fixes do not substantively alter governance but improve readability and legal precision. This broad ordinance updates multiple sections of the Charter—including Sections 8, 20, 23, 24, 40, 50, 52, 54, and 55—to modernize terminology, improve accessibility, and align notice procedures with current state law. The amendment: Replaces gender-specific language (e.g., "he/his") with neutral terms throughout the Charter; Updates notice and publication requirements to comply with modern communication practices, allowing notices to be published electronically on the City’s website as permitted by Florida Statutes; Clarifies the process for special meetings, elections, citizen initiatives, and referendums to align with current state election procedures; and Makes minor grammatical and formatting corrections to ensure consistency and readability. Effect: This modernization package does not change the substance of City governance but aligns the Charter with contemporary standards of inclusivity, transparency, and statutory compliance, reducing ambiguity and improving public understanding. 2. An estimate of the direct economic impact of the proposed ordinance on private, for - profit businesses in the City, if any: 605 Page 3 of 3 (a) An estimate of direct compliance costs that businesses may reasonably incur if the ordinance is enacted: N/A (b) Any new charge or fee imposed by the proposed ordinance or for which businesses will be financially responsible: N/A (c) An estimate of the City’s regulatory costs, including estimated revenues from any new charges or fees to cover such costs. N/A 3. Good faith estimate of the number of businesses likely to be impacted by the proposed ordinance: N/A 4. Additional information the governing body deems useful (if any): N/A 606 Proposed Ordinance No. 25-037 Ian Gregorchik, Assistant City Attorney November 4, 2025 1 607 2 608 Discussion and Vote 3 609 Proposed Ordinance No. 25-038 Ian Gregorchik, Assistant City Attorney November 4, 2025 4 610 Amendment: Charter Section 3 Current Requirement Candidates must reside in the city for one year prior to filing Proposed Change Add a requirement for continuous residence within the city for at least one (1) year prior to filing for office Key Benefits •Ensures candidates have sustained commitment to the community •Prevents last-minute residency claims •Clarifies eligibility standards 5 611 Discussion and Vote 6 612 Proposed Ordinance No. 25-039 Ian Gregorchik, Assistant City Attorney November 4, 2025 7 613 Key Changes •Increases terms of office for the Mayor and City Commissioners from three (3) to four (4) years,beginning with the March 2028 municipal election; •Clarifies what constitutes a "term" for purposes of enforcing term limits—specifically, that service of morethan one-half of a full term counts as a complete term; •Imposes a one-year "sit-out period" after any person serves two consecutive terms before becomingeligible to run again for any elective City office. •As written, Ordinance treats the office of Mayor and Commissioner the same for term limits. •Example:If Commissioner Smith completes 2 consecutive terms ending in March 2030, they cannot runfor Mayor or Commissioner again until the March 2032 election (after 1 year has passed). CURRENT TERMS PROPOSED CHANGES 3-year terms 4-year terms (begins 2028) 2 consecutive term limit 2 consecutive term limit remains Unclear “full term” definition Serving >1/2 term = full term No sit-out period 1-year sit-out required Implementation Timeline • March 2026 election: 3-year terms • March 2028 and beyond: 4-year terms Amendment: Charter Section 5 Benefits •Continuity of leadership •Reduces election frequency and cost 8 614 Discussion and Vote 9 615 Proposed Ordinance No. 25-040 Ian Gregorchik, Assistant City Attorney November 4, 2025 10 616 Key Changes Reaffirms the City's Commission/City Manager model of government, explicitly identifying the Mayor and Commission as the legislative and policy-making body; Requires a super-majority approval by the City Commission to appoint or remove the City Manager and City Attorney, ensuring stability in key leadership roles; Clarifies that all other City employees are hired, appointed, and discharged by the City Manager, with the appointment or discharge of Assistant City Managers subject to Commission confirmation; Defines the City Manager's administrative authority over all departments, personnel, and day-to-day operations; and Prohibits individual Commissioners from directing or interfering with staff, reinforcing professional management and ethical boundaries between policy and administration. Benefits • Promotes stability in key leadership positions • Reduces political interference in administration • Clarifies separation of policy from operations Amendment: Charter Section 20 11 617 Discussion and Vote 12 618 Proposed Ordinance No. 25-041 Ian Gregorchik, Assistant City Attorney November 4, 2025 13 619 Amendment: Language Modernization Updates to Multiple Charter Sections (8, 20, 23, 24, 40, 50, 52, 54, 55) •Replace:“he,” “him,” “his/her” •With:“they,” “them,” “their” or title roles Modernize Language • Include digital communication methods • Comply with current FL Statutes Notice Requirements Replaces gender-specific language (e.g., "he/his") with neutral terms throughout the Charter; Updates notice and publication requirements to comply with modern communication practices, allowing notices to be published electronically on the City's website as permitted by Florida Statutes; Makes minor grammatical and formatting corrections to ensure consistency and readability. Benefits This modernization package does not change the substance of City governance but aligns the Charter with contemporary standards of inclusivity, transparency, and statutory compliance, reducing ambiguity and improving public understanding. 14 620 Discussion and Vote 15 621 •Today - City Commission consideration of referendumordinances •First Reading - Commission adopts ordinances on first reading •Second Reading - Final passage of referendum ordinances •Notice & Publication - City Clerk advertises referendum per Florida Election Code •March 2026 - Votersdecide on approved amendments •Upon VoterApproval - Amendments become effective immediately •March 2028 - Four-year terms begin (if Amendment 3 approved) Important Notes • Each amendment is voted on separately - approval of one does not affect others • City Clerk will ensure proper ballot formatting and publication Implementation Timeline 16 622 City of Boynton Beach Agenda Item Request Form 8.F Public Hearing 6 P.M. or as soon thereafter as the agenda permits. The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. 11/18/2025 Meeting Date: 11/18/2025 Proposed Ordinance No. 25-042- First Reading, An Ordinance of the City Commission of the City of Boynton Beach, Florida, amending Ordinance No. 89-38 by amending the Future Land Use Map of the City of Boynton Beach, Florida, for an approximately 64.54 acre parcel of real property generally located west of High Ridge Road between Hypoluxo Road and Miner Road, by changing the future land use designation from LDR (Low Density Residential) to R (Recreation); declaring the proposed amendment to the future land use map to be consistent with all other elements of the comprehensive plan of the City; providing for severability, conflicts, and providing for an effective date. Requested Action: Staff recommends approval of Proposed Ordinance No. 25-042, at first reading. Explanation of Request: The subject area is located west of High Ridge Road and situated between Hypoluxo Road to the north and Miner Road to the south. The overall site consists of 234.46 acres and has a golf course, clubhouse, and other site amenities. While the entire site is under single ownership, the current configuration consists of three (3) parcels and an undeveloped section of right-of-way. The section of right-of-way has a concurrent application for an abandonment. The remaining three (3) parcels do not have a consistent future land use designation, consisting of R and LDR. The large portion of the subject site, located within the REC zoning district, permits the golf course and related structures, however the two parcels, consisting of 64.54 acres, located to the south and east are within the R-1-AA zoning district which does not permit a golf course as a use. While a portion of the golf course is located within the residential zone district, this area would be considered to be a non-conforming use. Any modifications or expansions of the golf course within the R-1-AA zoning district would require a rezone. The 64.54 acres in consideration is located within Environmentally Sensitive Lands both A and B-rated. The City of Boynton Beach’s Comprehensive Plan outlines policies in regard to managing and protecting these areas, as defined below in the section ‘Review Based on 623 Criteria for Future Land Use Map and Rezone’. As the applicant is proposing to expand the golf course and modify aspects of landscaping, and the current pond locations that are located within the R-1-AA zoning district, staff advised the requirement for the Future Land Use Map amendment and Rezone. The only portion to be affected will be the 64.54 acres currently designated R on the future land use map and zoned R-1-AA. How will this affect city programs or services? N/A Account Line Item and Description: N/A Fiscal Impact: N/A Attachments: Ord. 25-042_-_High_Ridge_Country_Club_-_FLUM.docx Staff_Report_-_High_Ridge_FLUM_and_Rezone_Final.doc Attachment 1 - Exhibit A - High Ridge CC - Legal Description and Sketch.pdf Attachment 2 - Future Land Use Map - Existing - Proposed.pdf Attachment 3 - High Ridge CC - FLUM - Plan Set.pdf Attachment 4 - Survey.pdf Attachment 5 - FLUA Traffic Statement.pdf Attachment 6 - Environmentally Sensitive Lands.pdf Agenda Item 3931-2025 - Business-impact-estimate.docx 624 11.06.25 (IG) Page 1 of 18 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. ORDINANCE NO. 25-042 1 2 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF 3 BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 89-38 BY 4 AMENDING THE FUTURE LAND USE MAP OF THE CITY OF BOYNTON 5 BEACH, FLORIDA, FOR AN APPROXIMATELY 64.54 ACRE PARCEL OF 6 REAL PROPERTY GENERALLY LOCATED WEST OF HIGH RIDGE ROAD 7 BETWEEN HYPOLUXO ROAD AND MINER ROAD, BY CHANGING THE 8 FUTURE LAND USE DESIGNATION FROM LDR (LOW DENSITY 9 RESIDENTIAL) TO R (RECREATION); DECLARING THE PROPOSED 10 AMENDMENT TO THE FUTURE LAND USE MAP TO BE CONSISTENT 11 WITH ALL OTHER ELEMENTS OF THE COMPREHENSIVE PLAN OF THE 12 CITY; PROVIDING FOR SEVERABILITY, CONFLICTS, AND PROVIDING 13 FOR AN EFFECTIVE DATE. 14 15 WHEREAS, the City Commission of the City of Boynton Beach, Florida, adopted a 16 Comprehensive Future Land Use Plan inclusive of a Future Land Use Element pursuant to 17 Ordinance No. 89-38 and in accordance with the Local Government Comprehensive Planning Act; 18 and 19 WHEREAS, the existing area is generally located west of High Ridge Road between 20 Hypoluxo Road and Miner Road (the “Property”), more particularly described in Exhibit “A”; and 21 WHEREAS, the permitted uses within the Future Land Use Map category are compatible 22 with the surrounding and existing land uses; and 23 WHEREAS, the Property owner has also applied to rezone the property from R-1-AA 24 (Single Family Residential District) to REC (Recreation); and 25 WHEREAS, the procedure for amendment of a Future Land Use Element of a 26 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and 27 625 11.06.25 (IG) Page 2 of 18 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. WHEREAS, after public hearings, the City Commission, acting in its dual capacity as the 28 Local Planning Agency and City Commission finds that the Future Land Use Map amendment is 29 consistent with the City’s Comprehensive Plan and provisions of Chapter 163, Part II, Florida 30 Statutes; and 31 WHEREAS, published legal notice of this Ordinance has been provided pursuant to the 32 requirements of Section 166.041, Florida Statutes, and the City’s Land Development Regulations; 33 and 34 WHEREAS, after careful review of the application, staff has determined that the proposed 35 amendment complies with the City’s Comprehensive Plan and consistent with Section 163.3184, 36 Florida Statutes; and 37 WHEREAS, the City Commission has reviewed the City staff's report, incorporated herein, 38 which contains data and analysis supporting the Future Land Use Map amendment; and 39 WHEREAS, the City Commission finds that the proposed Future Land Use Map 40 amendment is consistent with the City's Comprehensive Plan and Land Development Regulations, 41 and finds it in the best interest of the public to amend the Future Land Use Element of the 42 Comprehensive Plan as hereinafter provided. 43 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF 44 BOYNTON BEACH, FLORIDA: 45 626 11.06.25 (IG) Page 3 of 18 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Section 1: The foregoing “WHEREAS” clauses are hereby ratified as being true and 46 correct and are hereby made a specific part of this Ordinance upon adoption hereof. 47 Section 2: Decision. Ordinance No. 89-38 of the City is hereby amended to 48 reflect the following: The City’s Future Land Use Map is hereby amended from LDR (Low Density 49 Residential) to R (Recreation) for a parcel, as depicted in Exhibit “B.” 50 Section 3: Amendment to Future Land Use Map. The Director of Planning and 51 Zoning is further authorized to make the necessary changes as required to the Future Land Use 52 Map to reflect the above stated change. 53 Section 4: Authorization to Transmit. The City Manager or designee is hereby 54 authorized to transmit this Ordinance to the State Land Planning Agency pursuant to the 55 provisions of the Community Planning Act, if required. 56 Section 5: Severability. The provisions of this Ordinance are declared to be 57 severable and if any clause, section, or other part of this Ordinance shall for any reason be held 58 to be invalid or unconstitutional, such decision shall not affect the validity of the remaining 59 sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being 60 the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. 61 Section 6: Conflicts. All Ordinances, parts of Ordinances, Resolutions, or parts of 62 Resolutions in conflict herewith, be and the same are repealed to the extent of such conflict. 63 627 11.06.25 (IG) Page 4 of 18 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Section 7: Effective Date. This Ordinance shall take effect immediately upon 64 adoption. 65 (REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK) 66 628 11.06.25 (IG) Page 5 of 18 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. FIRST READING this ______ day of ___________, 2025. 67 SECOND, FINAL READING AND PASSAGE this ______ day of _______, 2025. 68 CITY OF BOYNTON BEACH, FLORIDA 69 YES NO 70 71 Mayor – Rebecca Shelton _____ _____ 72 73 Vice Mayor – Woodrow L. Hay _____ _____ 74 75 Commissioner – Aimee Kelley _____ _____ 76 77 Commissioner – Angela Cruz _____ _____ 78 79 Commissioner – Thomas Turkin _____ _____ 80 81 VOTE ______ 82 ATTEST: 83 84 _____________________________ 85 Maylee DeJesús, MMC Rebecca Shelton 86 City Clerk Mayor 87 88 APPROVED AS TO FORM: 89 (Corporate Seal) 90 91 92 Shawna G. Lamb 93 City Attorney 94 629 11.06.25 (IG) Page 6 of 18 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Exhibit A Legal Description 630 11.06.25 (IG) Page 7 of 18 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. 631 11.06.25 (IG) Page 8 of 18 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. 632 11.06.25 (IG) Page 9 of 18 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. 633 11.06.25 (IG) Page 10 of 18 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. 634 11.06.25 (IG) Page 11 of 18 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. 635 11.06.25 (IG) Page 12 of 18 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. 636 11.06.25 (IG) Page 13 of 18 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. 637 11.06.25 (IG) Page 14 of 18 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. 638 11.06.25 (IG) Page 15 of 18 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. 639 11.06.25 (IG) Page 16 of 18 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. 95 640 11.06.25 (IG) Page 17 of 18 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Exhibit B Future Land Use Map 641 11.06.25 (IG) Page 18 of 18 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. 642 PLANNING AND DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION STAFF REPORT TO: Mayor and Commissioners THRU: Amanda B. Radigan, AICP Director of Planning and Development FROM: Gabe Sevigny, Principal Planner DATE: October 29, 2025 PROJECT: High Ridge Country Club - Future Land Use Map Amendment and Rezoning – 2025.03.1591 & 2025.03.1590 REQUEST: Approve High Ridge Country Club’s request for a Future Land Use Map Amendment from LDR (Low Density Residential) to R (Recreation) and rezoning from R-1-AA (Single-Family Residential District) to REC (Recreation) consisting of approximately 64.54 acres, site is generally located west of High Ridge Road between Hypoluxo Road and Miner Road. PROJECT DESCRIPTION Property Owner: High Ridge Country Club INC Applicant: Ryan Artim Address: 2400 Hypoluxo Road, Boynton Beach, FL, 33462 Location: West of High Ridge Road and situated between Hypoluxo Road to the north and Miner Road to the south. Existing Land Use: LDR (Low Density Residential) Proposed Land Use: R (Recreation) Existing Zoning: R-1-AA (Single-Family Residential District) Proposed Zoning: REC (Recreation) Proposed Use: Golf course expansion Acreage: 64.54 acres 643 Page 2 High Ridge Country Club – FLUM & Rezone 2025.03.1591 & 2025.03.1590 2 Adjacent Uses: North: Unincorporated Palm Beach County and City of Boynton Beach, with a mixture of residential, office, and commercial uses. South: Unincorporated Palm Beach County and City of Boynton Beach, with park, open space, and civic uses East: Unincorporated Palm Beach County and City of Boynton Beach, with a mixture of residential, office, and multi-family uses. West: City of Boynton Beach, with largely residential uses. BACKGROUND The subject area is located west of High Ridge Road and situated between Hypoluxo Road to the north and Miner Road to the south. The overall site consists of 234.46 acres and has a golf course, clubhouse, and other site amenities. While the entire site is under single ownership, the current configuration consists of three (3) parcels and an undeveloped section of right-of-way. The section of right-of-way has a concurrent application for an abandonment. The remaining three (3) parcels do not have a consistent zone designation, consisting of REC and R-1-AA. The large portion of the subject site, located within the REC zoning district, permits the golf course and related structures, however the two parcels, consisting of 64.54 acres, located to the south and east are within the R-1-AA zoning district which does not permit a golf course as a use. While a portion of the golf course is located within the residential zoning district, this area would be considered to be a non-conforming use. Any modifications or expansions of the golf course within the R-1-AA zoning district would require a rezone. The 64.54 acres in consideration is located within Environmentally Sensitive Lands both A and B-rated (see “Environmentally Sensitive Lands” attachment). The City of Boynton Beach’s Comprehensive Plan outlines policies in regard to managing and protecting these areas, as defined below in the section ‘Review Based on Criteria for Future Land Use Map and Rezone’. As the applicant is proposing to expand the golf course and modify aspect s of landscaping, and the current pond locations that are located within the R-1-AA zoning district, staff advised the requirement for the Future Land Use Map amendment and Rezone. The only portion to be affected will be the 64.54 acres currently zoned R-1-AA. As stated above, there is a concurrent application for an abandonment of the rights-of- way for the southern portion of Northwest 7th Court. As the connection has never been made and it is highly wooded through this area, engineering has recommended 644 Page 3 High Ridge Country Club – FLUM & Rezone 2025.03.1591 & 2025.03.1590 3 approval of that application. If approved an associated final plat can be reviewed and approved changing the configuration to one lot. PROCESS While the subject property does not involve a text change to the goals, objectives, and policies of the comprehensive plan, nor is it located within an area of critical state concern, the size of the property under consideration does exceed 50 acres. Therefore, the proposed Future Land Use Map amendment is subject to the comprehensive plan amendment process per provisions of Chapter 163.3184, Florida Statutes. REVIEW BASED ON CRITERIA FOR FUTURE LAND USE MAP AND REZONE The criteria used to review Comprehensive Plan amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Article II, Section 2.B and Section 2.D.3. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map (FLUM) or a rezoning. a. Demonstration of Need. A demonstration of need may be based upon changing conditions that represent a demand for the proposed land use class ification and zoning district. Appropriate data and analysis that adequately substantiates the need for the proposed land use amendment and rezoning must be provided within the application. While there are existing golf course related improvements within the R-1-AA zoning district, this would be considered a legal non-conforming use. Any expansion or modification to these areas would require a rezone as a golf course is not a permitted use within the R-1-AA zoning district. b. Consistency. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be consistent with the purpose and intent of, and promote, the applicable Comprehensive Plan policies, Redevelopment Plans, and Land Development Regulations. The proposed FLUM amendment is consistent with the intent of several Comprehensive Plan Future Land Use Element policies, including: Policy 1.3.1 The City shall continue to implement the future land use categories in accordance with the descriptions as provided in this policy. The densities and intensities shall be the maximums allowed, but those maximums will not necessarily be permitted in corresponding zoning districts. The Land Development regulations or other provisions of the City’s Comprehensive Plan or Code of Ordinances may prohibit or regulate certain specific uses if doing so would be reasonable. Furthermore, other uses which may have land use 645 Page 4 High Ridge Country Club – FLUM & Rezone 2025.03.1591 & 2025.03.1590 4 characteristics very similar to those uses listed under a particular land use category may also be allowed in that land use category. One or more zoning districts, including planned development districts, shall be established to implement each of the following land use categories. a. Recreational category shall include active and passive recreation facilities and parks that are both publicly owned and privately- owned. It shall be the policy of the City that all land acquired for public parks, excluding those located in planned zoning districts shall be placed in the Recreational land use and zoning category within five years of acquisition. Development within this designation shall have a maximum Floor Area Ratio (FAR) of 0.50 The uses allowed in this land use category shall be limited to, but shall not necessarily include, the following: 1. Public parks and recreational facilities; 2. Golf courses; 3. Private parks and recreation facilities; 4. Indoor entertainment as accessory; 5. Theaters; 6. Social and civic clubs and organizations; 7. Governmental offices; 8. Civic and community centers; 9. Museums; 10. Medical facilities as accessory; and 11. Retail sales, restaurants as accessory. Policy 1.9.1 New development and redevelopment shall be consistent with the policies of the Future Land Use Element and conform to the Future Land Use Map or, if applicable, comply with the f uture land use recommendations of the CRA Community Redevelopment Plan and any future redevelopment plans. Policy 4.5.3 The City shall continue to require a detailed flora and fauna survey on any “A” rated site subject to a development proposal and any site greater than 10 acres in size. The City shall require preservation of a minimum 25% of all native plant communities which occur on an “A” rated ecosystems site the specific location to be determined as a result of the site survey. Habitat shall be preserved with intact canopy, understory and ground cover. Policy 4.5.4 The City shall continue to enforce land development regulations to prohibit land clearing practices that destroy native Florida ecosystems in whole or in part prior to permitting by the City. Policy 4.5.5 The City shall continue to enforce policies regarding the 646 Page 5 High Ridge Country Club – FLUM & Rezone 2025.03.1591 & 2025.03.1590 5 preservation of native habitat and endangered or threatened species and these policies shall also apply to any property which is owned or acquired by the City. Policy 4.6.2 The City shall modify and enforce regulations such that outright preservation of existing, non-exotic trees on any existing vegetated site shall be preferred over “cut and replace” preservation techniques. Removal and replacement shall be discouraged. Preservation of existing trees shall be encouraged, and removal must be unavoidable due to site layout needs with replacement equal to or greater in size and quality to that removed. Policy 4.6.3 The City shall continue to enforce and, where appropriate, improv e upon existing subdivision or other development regulations which require shoreline vegetation buffer strips, restrict the amount or location of site clearing, maintain natural drainage flows and require the removal of on-site exotic tree species. Policy 4.6.4 The City shall continue, while discouraging clear-cutting prior to development, to enforce regulations that require removal of exotic tree species on sites being developed, particularly those sites containing sensitive ecosystems rated “A”. Policy 4.6.5 The City shall continue to enforce the land development regulations that require native vegetation species to satisfy at least 50% of all site landscaping requirements as a condition of development or permit approval. All future proposals will be subject to the above standards or any future changes to the City’s Comprehensive Plan. Allowing for a REC zoning district largely prohibits many uses that could otherwise endanger these Environmentally Sensitive Lands. c. Compatibility. The application shall consider whether the proposed Future Land Use and Zoning, or potential uses allowed in a proposed Zoning district, would be compatible with the surrounding uses in terms of density scale, and the nature of use, or mobility options; or interconnectivity within the project and between adjacent properties. While the request is a Future Land Use Map Amendment and Rezone, there is no real change to the use of the subject site. If approved, the applicant may seek modifications or expansions that meet all other applicable requirements for a golf course, club house, and other site amenities and improvements. The proposed applications are compatible with existing uses within the area as the site is currently being used as a golf course. d. Orderly Growth. Whether the proposed amendments to the Future Land Use Map amendment (FLUM) and Zoning maps would encourage piecemeal development or 647 Page 6 High Ridge Country Club – FLUM & Rezone 2025.03.1591 & 2025.03.1590 6 create undevelopable parcels. While the subject site is already in use as a golf course, approvals of these applications would allow for future expansions and modifications to the existing areas. Areas of the subject site would still be considered undevelopable as they are designated as Environmentally Sensitive Lands. e. Location Efficiency. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would support complementary land uses: the integration of a mix of land uses consistent with smart growth or sustainability initiatives; access to a wide range of mobility options; or, interconnectivity within the project and between adjacent properties. The proposed applications, if approved, would allow for expansions to occur within existing boundaries and will allow for interconnectivity within the site without disturbing adjacent properties. f. Availability of Public Services / Infrastructure. All requests for Future Land Use Map amendments shall be reviewed for long-term capacity availability at the maximum intensity permitted under the requested land use classification. There is not an anticipated increase of demand f or City services. The area is largely developed and only future expansions to the existing golf course are proposed. g. Economic Development Impact. (1) Whether the proposed rezoning/FLUM amendments would not: a. Represent a potential decrease in the possible intensity of development, given the uses permitted in the proposed land use category and/or zoning district; and b. Represent a potential decrease in the number of uses with high probable economic development benefits. (2) Whether the proposed rezoning/FLUM amendment would: a. Create new employment opportunities: b. Contribute to the enhancement and diversification of the city’s tax base: c. Respond to the current or anticipated market demand or community needs: or d. Alleviate economic obsolescence of the subject area The site is currently largely developed. If approved, the existing REC uses that were developed within the R-1-AA zoning district would be able to expand, thereby increasing economic development benefits. The proposed application meets all of the above criteria. h. Heavy Commercial and Industrial Land Supply. The review shall consider whether the proposed amendments to the Future Land Map amendment (FLUM) 648 Page 7 High Ridge Country Club – FLUM & Rezone 2025.03.1591 & 2025.03.1590 7 and Zoning maps would reduce the amount of land available for heavy commercial/industrial development. If such determination is made, the approval can be recommended under the following conditions: (1) The size, shape, and/or location of the property makes it unsuitable for commercial/industrial development; or (2) The proposed rezoning/FLUM amendment provides substantiated evidence of satisfying at least two (2) of the Direct Economic Development Benefits listed in subparagraph “g” above; and The proposed application would not be suitable for commercial/industrial as it is designated as Environmentally Sensitive Lands and the application satisfies four (4) of the Direct Economic Development Impacts listed above. RECOMMENDATION Staff has reviewed the proposed Future Land Use Map Amendment and Rezone against the review criteria provided in Chapter 2, Article II, Section 2, Subsections B.3.c & D.3 and has found the proposal to meet the aforementioned criteria. T herefore, staff recommends that the request be approved. 649 650 651 652 653 654 655 656 657 658 659 660 661 Existing Future Land Use Map 662 Proposed Land Use Map663 664 LANDSCAPE ARCHITECTURE - SURVEYING CAULFIELD & WHEELER, INC. CIVIL ENGINEERING PHONE (561)-392-1991 / FAX (561)-750-1452 7900 GLADES ROAD - SUITE 100 BOCA RATON, FLORIDA 33434 “” BOUNDARY SURVEYHIGH RIDGE COUNTRY CLUBSCHEDULE BII COMMITMENT FOR TITLE INSURANCE ISSUED BY: FIRST AMERICAN TITLE INSURANCE COMPANY 5011612 - 1062-3816299 CUSTOMER REFERENCE NUMBER: 54189-0001 FIRST AMERICAN NUMBER: 1062-3816299 PART IISCHEDULE B OF THE POLICY OR POLICIES TO BE ISSUED WILL CONTAIN EXCEPTIONS TO THE FOLLOWINGMATTERS UNLESS THE SAME ARE DISPOSED OF TO THE SATISFACTION OF THE COMPANY:1. DEFECTS, LIENS, ENCUMBRANCES, ADVERSE CLAIMS OR OTHER MATTERS, IF ANY, CREATED, FIRSTAPPEARING IN THE PUBLIC RECORDS OR ATTACHING SUBSEQUENT TO THE EFFECTIVE DATE BUT PRIOR TOTHE DATE THE PROPOSED INSURED ACQUIRES FOR VALUE OF RECORD THE ESTATE OR INTEREST ORMORTGAGE THEREON COVERED BY THIS COMMITMENT.2. ANY RIGHTS, INTERESTS, OR CLAIMS OF PARTIES IN POSSESSION OF THE LAND NOT SHOWN BY THEPUBLIC RECORDS.3. ANY ENCROACHMENT, ENCUMBRANCE, VIOLATION, VARIATION OR ADVERSE CIRCUMSTANCE AFFECTINGTHE TITLE THAT WOULD BE DISCLOSED BY AN ACCURATE AND COMPLETE LAND SURVEY OF THE LAND.4. ANY LIEN, FOR SERVICES, LABOR, OR MATERIALS IN CONNECTION WITH IMPROVEMENTS, REPAIRS ORRENOVATIONS PROVIDED BEFORE, ON, OR AFTER DATE OF POLICY, NOT SHOWN BY THE PUBLIC RECORDS.5. ANY DISPUTE AS TO THE BOUNDARIES CAUSED BY A CHANGE IN THE LOCATION OF ANY WATER BODYWITHIN OR ADJACENT TO THE LAND PRIOR TO DATE OF POLICY, AND ANY ADVERSE CLAIM TO ALL OR PARTOF THE LAND THAT IS, AT DATE OF POLICY, OR WAS PREVIOUSLY UNDER WATER.6. TAXES OR SPECIAL ASSESSMENTS NOT SHOWN AS LIENS IN THE PUBLIC RECORDS OR IN THE RECORDSOF THE LOCAL TAX COLLECTING AUTHORITY, AT DATE OF POLICY.7. ANY MINERALS OR MINERAL RIGHTS LEASED, GRANTED OR RETAINED BY CURRENT OR PRIOR OWNERS.8. TAXES AND ASSESSMENTS FOR THE YEAR 2017 AND SUBSEQUENT YEARS, WHICH ARE NOT YET DUE ANDPAYABLE.NOTES FOR STANDARD EXCEPTIONS: STANDARD EXCEPTIONS FOR PARTIES IN POSSESSION, FORMECHANICS LIENS, AND FOR TAXES OR SPECIAL ASSESSMENTS NOT SHOWN AS LIENS IN THE PUBLICRECORDS SHALL BE DELETED UPON RECEIPT OF AN ACCEPTABLE NON-LIEN AND POSSESSION AFFIDAVITESTABLISHING WHO IS IN POSSESSION OF THE LANDS, THAT THERE ARE NO LIENS OR ENCUMBRANCESUPON THE LANDS OTHER THAN AS SET FORTH IN THE COMMITMENT, THAT NO IMPROVEMENTS TO THELANDS HAVE BEEN MADE WITHIN THE PAST 90 DAYS OR ARE CONTEMPLATED TO BE MADE BEFORECLOSING THAT WILL NOT BE PAID IN FULL, AND THAT THERE ARE NO UNRECORDED TAXES ORASSESSMENTS THAT ARE NOT SHOWN AS EXISTING LIENS IN THE PUBLIC RECORDS. ANY POLICIES ISSUEDHEREUNDER MAY BE SUBJECT TO A SPECIAL EXCEPTION FOR MATTERS DISCLOSED BY SAID AFFIDAVIT. STANDARD EXCEPTION(S) FOR QUESTIONS OF SURVEY MAY BE DELETED UPON RECEIPT AND REVIEW OF APROPERLY CERTIFIED SURVEY MEETING THE FLORIDA MINIMUM TECHNICAL STANDARDS FOR ALL LANDSURVEYS DATED NO MORE THAN 90 DAYS PRIOR TO CLOSING OR SUCH OTHER PROOF AS MAY BEACCEPTABLE TO THE COMPANY. ANY POLICIES ISSUED HEREUNDER MAY BE SUBJECT TO A SPECIALEXCEPTION FOR MATTERS DISCLOSED BY SAID SURVEY OR PROOF.9. RESERVATIONS IN FAVOR OF THE TRUSTEES OF THE INTERNAL IMPROVEMENT FUND OF THE STATE OFFLORIDA, IN DEED RECORDED NOVEMBER 14, 1949 IN DEED BOOK 891, PAGE 172, WHICH WERE PARTIALLYRELEASED IN OFFICIAL RECORDS BOOK 89, PAGE 120.(AFFECTS PROPERTY NOT ABLE TO PLOT)10. RESERVATIONS IN FAVOR OF THE TRUSTEES OF THE INTERNAL IMPROVEMENT FUND OF THE STATE OFFLORIDA, CONTAINED IN DEED RECORDED IN DEED BOOK 1042, PAGE 119.(AFFECTS PROPERTY NOT ABLE TO PLOT)11. RIGHTS OF WAY OF THE LAKE WORTH DRAINAGE DISTRICT RECORDED IN DEED BOOK 901, PAGE 848.(AFFECTS PROPERTY NOT ABLE TO PLOT)12. RIGHTS OF WAY OF THE LAKE WORTH DRAINAGE DISTRICT RECORDED IN DEED BOOK 803, PAGE 579.(AFFECTS PROPERTY NOT ABLE TO PLOT)13. EASEMENT IN FAVOR OF FLORIDA POWER & LIGHT COMPANY RECORDED IN OFFICIAL RECORDS BOOK649, PAGE 434, AFFECTED BY PARTIAL RELEASE RECORDED IN OFFICIAL RECORDS BOOK 7301, PAGE 1495AND PARTIAL RELEASE RECORDED IN OFFICIAL RECORDS BOOK 7315, PAGE 1411.(AFFECTS PROPERTY NOT ABLE TO PLOT)14. EASEMENT IN FAVOR OF LAKE WORTH DRAINAGE DISTRICT RECORDED IN OFFICIAL RECORDS BOOK3135, PAGE 723.(AFFECTS PROPERTY SHOWN HEREON)15. RESOLUTION OF THE LAKE WORTH DRAINAGE DISTRICT RECORDED IN OFFICIAL RECORDS BOOK 3168,PAGE 591.(AFFECTS PROPERTY SHOWN HEREON)16. EASEMENT IN FAVOR OF THE LAKE WORTH DRAINAGE DISTRICT RECORDED IN OFFICIAL RECORDSBOOK 3168, PAGE 850.(AFFECTS PROPERTY SHOWN HEREON)17. EASEMENT DEED IN FAVOR OF THE CITY OF BOYNTON BEACH RECORDED IN OFFICIAL RECORDS BOOK3456, PAGE 692.(AFFECTS PROPERTY SHOWN HEREON)18. EASEMENT IN FAVOR OF FLORIDA POWER & LIGHT COMPANY RECORDED IN OFFICIAL RECORDS BOOK3875, PAGE 1647.(AFFECTS PROPERTY SHOWN HEREON)19. EASEMENT IN FAVOR OF FLORIDA POWER & LIGHT COMPANY RECORDED IN OFFICIAL RECORDS BOOK3898, PAGE 885, AFFECTED BY PARTIAL RELEASE OF EASEMENT RECORDED IN OFFICIAL RECORDS BOOK6181, PAGE 1524.(AFFECTS PROPERTY NOT ABLE TO PLOT)20. GRANT OF EASEMENT IN FAVOR OF THE CITY OF BOYNTON BEACH RECORDED IN OFFICIAL RECORDSBOOK 4947, PAGE 378, AFFECTED BY SUBORDINATION RECORDED IN OFFICIAL RECORDS BOOK 5801, PAGE1444.(AFFECTS PROPERTY SHOWN HEREON)21. EASEMENT GRANT IN FOAVR OF PERRY CABLE TV CORP., A FLORIDA CORPORATION RECORDED INOFFICIAL RECORDS BOOK 5110, PAGE 924.(AFFECTS PROPERTY SHOWN HEREON)22. EASEMENT IN FAVOR OF FLORIDA POWER & LIGHT COMPANY RECORDED IN OFFICIAL RECORDS BOOK6132, PAGE 289.(AFFECTS PROPERTY SHOWN HEREON)23. REMOVAL AGREEMENT RECORDED IN OFFICIAL RECORDS BOOK 9305, PAGE 1015.(AFFECTS PROPERTY NOT ABLE TO PLOT)24. NOTICE OF ENVIRONMENTAL RESOURCE OR SURFACE WATER MANAGEMENT PERMIT RECORDED INOFFICIAL RECORDS BOOK 23863, PAGE 1441.(AFFECTS PROPERTY NOT ABLE TO PLOT)25. EASEMENTS AND OTHER MATTERS SHOWN ON THE PLAT OF HIGH RIDGE COUNTRY CLUB, ASRECORDED IN PLAT BOOK 39, PAGE 137, AFFECTED BY PARTIAL RELEASE OF EASEMENT BY FLORIDAPOWER & LIGHT COMPANY RECORDED IN OFFICIAL RECORDS BOOK 6181, PAGE 1525.(AFFECTS PROPERTY NOT ABLE TO PLOT)26. RIPARIAN RIGHTS ARE NEITHER GUARANTEED NOR INSURED.665 LANDSCAPE ARCHITECTURE - SURVEYING CAULFIELD & WHEELER, INC. CIVIL ENGINEERING PHONE (561)-392-1991 / FAX (561)-750-1452 7900 GLADES ROAD - SUITE 100 BOCA RATON, FLORIDA 33434 666 LANDSCAPE ARCHITECTURE - SURVEYING CAULFIELD & WHEELER, INC. CIVIL ENGINEERING PHONE (561)-392-1991 / FAX (561)-750-1452 7900 GLADES ROAD - SUITE 100 BOCA RATON, FLORIDA 33434 667 LANDSCAPE ARCHITECTURE - SURVEYING CAULFIELD & WHEELER, INC. CIVIL ENGINEERING PHONE (561)-392-1991 / FAX (561)-750-1452 7900 GLADES ROAD - SUITE 100 BOCA RATON, FLORIDA 33434 668 LANDSCAPE ARCHITECTURE - SURVEYING CAULFIELD & WHEELER, INC. CIVIL ENGINEERING PHONE (561)-392-1991 / FAX (561)-750-1452 7900 GLADES ROAD - SUITE 100 BOCA RATON, FLORIDA 33434 669 LANDSCAPE ARCHITECTURE - SURVEYING CAULFIELD & WHEELER, INC. CIVIL ENGINEERING PHONE (561)-392-1991 / FAX (561)-750-1452 7900 GLADES ROAD - SUITE 100 BOCA RATON, FLORIDA 33434 670 671 672 673 © 2024 Microsoft Corporation © 2024 Maxar ©CNES (2024) Distribution Airbus DS © 2024 Microsoft Corporation © 2024 Maxar ©CNES (2024) Distribution Airbus DS © 2024 Microsoft Corporation © 2024 Maxar ©CNES (2024) Distribution Airbus DS © 2024 Microsoft Corporation © 2024 Maxar ©CNES (2024) Distribution Airbus DS © 2024 Microsoft Corporation © 2024 Maxar ©CNES (2024) Distribution Airbus DS © 2024 Microsoft Corporation © 2024 Maxar ©CNES (2024) Distribution Airbus DS DISCOVERY VILLAGE AT BOYNTON BEACH HIGH RIDGE COUNTRY CLUB HIGH RIDGE COUNTRY CLUB EXISTING FUTURE LAND USE: LDR EXISTING FUTURE LAND USE: LDR EXISTING FUTURE LAND USE: R Sheet TitleRevisionsJob TitleDRC DOCUMENTS NORTH2400 HYPOLUXO ROAD,BOYNTON BEACH, FLORIDA 33462HIGH RIDGE COUNTRY CLUBCOMPREHENSIVE PLAN AMENDMENT(FUTURE LAND USE MAP)EXISTING FUTURE LANDUSE MAPX1 LEGEND: EXISTING FUTURE LAND USE: LDR (LOW DENSITY RESIDENTIAL) EXISTING FUTURE LAND USE MAP EXISTING FUTURE LAND USE: R (RECREATIONAL) LOCATION MAP NORTH LEGAL DESCRIPTION HIGH RIDGE COUNTRY CLUB ALL OF PLAT (LESS HYPOLUXO RD R/W) This document has been digitally signed and sealed by Blake M. Kidwell on 03/12/2025. Printed copies of this document are not considered signed and sealed. 674 © 2024 Microsoft Corporation © 2024 Maxar ©CNES (2024) Distribution Airbus DS © 2024 Microsoft Corporation © 2024 Maxar ©CNES (2024) Distribution Airbus DS © 2024 Microsoft Corporation © 2024 Maxar ©CNES (2024) Distribution Airbus DS © 2024 Microsoft Corporation © 2024 Maxar ©CNES (2024) Distribution Airbus DS © 2024 Microsoft Corporation © 2024 Maxar ©CNES (2024) Distribution Airbus DS © 2024 Microsoft Corporation © 2024 Maxar ©CNES (2024) Distribution Airbus DS DISCOVERY VILLAGE AT BOYNTON BEACH HIGH RIDGE COUNTRY CLUB HIGH RIDGE COUNTRY CLUB PROPOSED FUTURE LAND USE: R PROPOSED FUTURE LAND USE: R EXISTING FUTURE LAND USE: R Sheet TitleRevisionsJob TitleDRC DOCUMENTS NORTH2400 HYPOLUXO ROAD,BOYNTON BEACH, FLORIDA 33462HIGH RIDGE COUNTRY CLUBCOMPREHENSIVE PLAN AMENDMENT(FUTURE LAND USE MAP)PROPOSED FUTURELAND USE MAPX2 LEGEND: PROPOSED FUTURE LAND USE: R (RECREATIONAL) PROPOSED FUTURE LAND USE MAP LOCATION MAP NORTH LEGAL DESCRIPTION HIGH RIDGE COUNTRY CLUB ALL OF PLAT (LESS HYPOLUXO RD R/W) This document has been digitally signed and sealed by Blake M. Kidwell on 03/12/2025. Printed copies of this document are not considered signed and sealed. 675 LANDSCAPE ARCHITECTURE - SURVEYING CAULFIELD & WHEELER, INC. CIVIL ENGINEERING PHONE (561)-392-1991 / FAX (561)-750-1452 7900 GLADES ROAD - SUITE 100 BOCA RATON, FLORIDA 33434 BOUNDARY SURVEYHIGH RIDGE COUNTRY CLUB 676 LANDSCAPE ARCHITECTURE - SURVEYING CAULFIELD & WHEELER, INC. CIVIL ENGINEERING PHONE (561)-392-1991 / FAX (561)-750-1452 7900 GLADES ROAD - SUITE 100 BOCA RATON, FLORIDA 33434 677 NO PARKINGNO PARKINGLANDSCAPE ARCHITECTURE - SURVEYING CAULFIELD & WHEELER, INC. CIVIL ENGINEERING PHONE (561)-392-1991 / FAX (561)-750-1452 7900 GLADES ROAD - SUITE 100 BOCA RATON, FLORIDA 33434 678 LANDSCAPE ARCHITECTURE - SURVEYING CAULFIELD & WHEELER, INC. CIVIL ENGINEERING PHONE (561)-392-1991 / FAX (561)-750-1452 7900 GLADES ROAD - SUITE 100 BOCA RATON, FLORIDA 33434 679 LANDSCAPE ARCHITECTURE - SURVEYING CAULFIELD & WHEELER, INC. CIVIL ENGINEERING PHONE (561)-392-1991 / FAX (561)-750-1452 7900 GLADES ROAD - SUITE 100 BOCA RATON, FLORIDA 33434 680 681 682 683 684 685 686 687 688 689 690 691 692 693 694 INTERSTATE 95GULFST R E A M B L V DSEACRESTCONGRESS FEDERAL15TH 23RD HYPOLUXO DIXIEGATEWAY GOLF 22ND BOYNTON BEACH MINER OLD BOYNTON OCEANKNOLLWOOD WOOLBRIGHT HIGH RIDGEOCEAN5 1 20 6 24 8 2 25 17 15 7 19 18 26 22 10 16 4 3 21 23 1413 12 9 11 CONGRESSFEDERALSEACRESTGATEWAY MINER HYPOLUXO 7THDIXIEWOOLBRIGHT 23RD8TH OCEANHIGH RIDGEKNUTHGOLF BOYNTON BEACH1ST 4TH27TH INTERSTATE 9528TH 14TH 26TH11TH17TH MAIN OVERLOOK2NDPOLO22NDQUAIL COVEY13TH OLD OCEAN12TH OLD DIXIE24TH 3RDQUANTUM ORANGE G JAVERTSOUTH RAILROAD9TH NICKELSALTO CHARTER EDGAR PALM15TH 5TH BARKIS MAYFAIR35TH19TH INDUSTRIALSUMMIT LAKE B 18 T H PARK 6TH CORTINAMEADOWS 10THEDITH SUNSET RIDGE 25TH 71ST OAKSAN CASTLERIALTOSEAROMA31STPARK RIDGEOASIS SWINTON30TH LOOMISCORPORATE20TH 29TH SHORE KARENMAXISLESEASY PLAZA LUCINA SANDALW O O D 16TH 34TH CIRCLE 21ST 36TH ASBURYB U X T O N CABRERAGOLFVIEWHORIZONSCANALCHES A P E A K E FINN HILL ESSEX IBIS HARBOUROAKRIDGESMITH SC O T I AESTATE BAMBOO HIGH POINTHASTINGS MILLERMAPLE LITTLE CLUB RIDERBIRCH KAMENAYALESIESTA POTTER RIDGEPOINTE AMBACHCOUNTRY CLUBVALLEYSPANISH RIVERVICTORY 19 T H24THMEADOWS21ST 5TH22ND 1ST23RD 27TH 2ND3RD13TH 16TH 11TH 6TH OCEAN6TH 16TH 13TH13TH 5TH28TH25TH 14TH5TH 5TH9TH 6TH1ST21ST 16TH 1ST9TH15 T H22ND 5TH14TH 4TH1ST14TH1ST4TH3RD2ND6TH1ST 6TH6TH3RD26TH 2ND25TH 7TH 17THOCEAN 6TH5TH3RD3RD 4TH5TH5TH 30TH 4TH3RD13TH 8TH8TH 4TH 22ND1ST3RD9TH 3RD1ST 18TH3RDMINER C A N A L10TH 11TH 2ND2ND 8THOCEAN16TH1ST9TH RIDGE 18TH 15TH1ST 3RD25TH 18TH 10TH8TH 11TH1ST4TH 26TH1STCITY OF BOYNTON BEACH Environmentally Sensitive Lands ® 0 0.5 10.25 Miles Legend ECO VALUE A-Rated B-Rated C-Rated Source: Inventory of Ecosystems in Palm Beach County. Phase III Report. Iverson and Austin, July 1989. Updated: February 2008 695 Page 1 of 3 Business Impact Estimate This form should be included in the agenda packet for the item under which the proposed ordinance is to be considered and must be posted on the City’s website by the time notice of the proposed ordinance is published. Proposed ordinance’s title/reference: This Business Impact Estimate is provided in accordance with section 166.041(4), Florida Statutes. If one or more boxes are checked below, this means the City is of the view that a business impact estimate is not required by state law1 for the proposed ordinance, but the City is, nevertheless, providing this Business Impact Estimate as a courtesy and to avoid any procedural issues that could impact the enactment of the proposed ordinance. This Business Impact Estimate may be revised following its initial posting. Applicable Exemptions: ☐ The proposed ordinance is required for compliance with Federal or State law or regulation; ☐ The proposed ordinance relates to the issuance or refinancing of debt; ☐ The proposed ordinance relates to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget; 1 See Section 166.041(4)(c), Florida Statutes. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 89-38 BY AMENDING THE FUTURE LAND USE MAP OF THE CITY OF BOYNTON BEACH, FLORIDA, FOR AN APPROXIMATELY 64.54 ACRE PARCEL OF REAL PROPERTY GENERALLY LOCATED WEST OF HIGH RIDGE ROAD BETWEEN HYPOLUXO ROAD AND MINER ROAD, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM LDR (LOW DENSITY RESIDENTIAL) TO R (RECREATION); DECLARING THE PROPOSED AMENDMENT TO THE FUTURE LAND USE MAP TO BE CONSISTENT WITH ALL OTHER ELEMENTS OF THE COMPREHENSIVE PLAN OF THE CITY; PROVIDING FOR SEVERABILITY, CONFLICTS, AND PROVIDING FOR AN EFFECTIVE DATE. 696 Page 2 of 3 ☐ The proposed ordinance is required to implement a contract or an agreement, including, but not limited to, any Federal, State, local, or private grant or other financial assistance accepted by the municipal government; ☐ The proposed ordinance is an emergency ordinance; ☐ The ordinance relates to procurement; or ☐ The proposed ordinance is enacted to implement the following: a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and municipal planning, and land development regulation, including zoning, development orders, development agreements and development permits; b. Sections 190.005 and 190.046, Florida Statutes, regarding community development districts; c. Section 553.73, Florida Statutes, relating to the Florida Building Code; or d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code. In accordance with the provisions of controlling law, even notwithstanding the fact that an exemption noted above may apply, the City hereby publishes the following information: 1. A summary of the proposed ordinance (must include a statement of the public purpose, such as serving the public health, safety, morals, and welfare): The subject area is located west of High Ridge Road and situated between Hypoluxo Road to the north and Miner Road to the south. The overall site consists of 234.46 acres and has a golf course, clubhouse, and other site amenities. While the entire site is under single ownership, the current configuration consists of three (3) parcels and an undeveloped section of right-of-way. The section of right-of-way has a concurrent application for an abandonment. The remaining three (3) parcels do not have a consistent future land use designation, consisting of R and LDR. The large portion of the subject site, located within the REC zoning district, permits the golf course and related structures, however the two parcels, consisting of 64.54 acres, located to the south and east are within the R-1-AA zoning district which does not permit a golf course as a use. While a portion of the golf course is located within the residential zone district, this area would be considered to be a non -conforming use. Any modifications or expansions of the golf course within the R -1-AA zoning district would require a rezone. The 64.54 acres in consideration is located within Environmentally Sensitive Lands both A and B-rated. The City of Boynton Beach’s Comprehensive Plan outlines policies in regard to managing and protecting these areas, as defined below in the section ‘Review Based on Criteria for Future Land Use Map and Rezone’. 697 Page 3 of 3 As the applicant is proposing to expand the golf course and modify aspects of landscaping, and the current pond locations that are located within the R-1-AA zoning district, staff advised the requirement for the Future Land Use Map amendment and Rezone. The only portion to be affected will be the 64.54 acres currently designated R on the future land use map and zoned R-1-AA. 2. An estimate of the direct economic impact of the proposed ordinance on private, for - profit businesses in the City, if any: (a) An estimate of direct compliance costs that businesses may reasonably incur if the ordinance is enacted: NONE (b) Any new charge or fee imposed by the proposed ordinance or for which businesses will be financially responsible: NONE (c) An estimate of the City’s regulatory costs, including estimated revenues from any new charges or fees to cover such costs. NONE 3. Good faith estimate of the number of businesses likely to be impacted by the proposed ordinance: No businesses will be impacted by the proposed ordinance 4. Additional information the governing body deems useful (if any): NONE 698 City of Boynton Beach Agenda Item Request Form 8.G Public Hearing 6 P.M. or as soon thereafter as the agenda permits. The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. 11/18/2025 Meeting Date: 11/18/2025 Proposed Ordinance No. 25-043- First Reading, An Ordinance of the City Commission of the City of Boynton Beach, Florida, for the High Ridge Country Club, amending Ordinance No. 02-013 to rezone approximately 64.54 acres generally located west of High Ridge Road between Hypoluxo Road and Miner Road, from R-1-AA (Single-Family Residential District) to REC (Recreation); declaring the proposed amendment to be consistent with the comprehensive plan of the City; providing for severability, conflicts, and providing for an effective date. Requested Action: Staff recommends approval of Proposed Ordinance No. 25-043, at first reading. Explanation of Request: The subject area is located west of High Ridge Road and situated between Hypoluxo Road to the north and Miner Road to the south. The overall site consists of 234.46 acres and has a golf course, clubhouse, and other site amenities. While the entire site is under single ownership, the current configuration consists of three (3) parcels and an undeveloped section of right-of-way. The section of right-of-way has a concurrent application for an abandonment. The remaining three (3) parcels do not have a consistent zone designation, consisting of REC and R-1-AA. The large portion of the subject site, located within the REC zoning district, permits the golf course and related structures, however the two parcels, consisting of 64.54 acres, located to the south and east are within the R-1-AA zoning district which does not permit a golf course as a use. While a portion of the golf course is located within the residential zone district, this area would be considered to be a non-conforming use. Any modifications or expansions of the golf course within the R-1-AA zone district would require a rezone. The 64.54 acres in consideration is located within Environmentally Sensitive Lands both A and B-rated. The City of Boynton Beach’s Comprehensive Plan outlines policies in regard to managing and protecting these areas, as defined below in the section ‘Review Based on Criteria for Future Land Use Map and Rezone’. 699 As the applicant is proposing to expand the golf course and modify aspects of landscaping, and the current pond locations that are located within the R-1-AA zone district, staff advised the requirement for the Future Land Use Map amendment and Rezone. The only portion to be affected will be the 64.54 acres currently zoned R-1-AA. How will this affect city programs or services? N/A Account Line Item and Description: N/A Fiscal Impact: N/A Attachments: Ord. 25-043_High_Ridge_Country_Club_-_Rezoning_R-1-AA_to_REC.docx Staff_Report_-_High_Ridge_FLUM_and_Rezone_Final.doc Attachment 1 - Exhibit A - High Ridge CC - Legal Description and Sketch.pdf Attachment 2 - Zoning Maps - Existing and Proposed.pdf Attachment 3 - High Ridge CC - Rezone - Plan Set.pdf Attachment 4 - Survey.pdf Attachment 5 - FLUA Traffic Statement.pdf Attachment 6 - Environmentally Sensitive Lands.pdf Agenda Item 3932-2025 - Business-impact-estimate.docx 700 09.23.25 (IG) Page 1 of 18 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. ORDINANCE NO. 25-043 1 2 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF 3 BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 02-013 TO 4 REZONE APPROXIMATELY 64.54 ACRES GENERALLY LOCATED WEST 5 OF HIGH RIDGE ROAD BETWEEN HYPOLUXO ROAD AND MINER 6 ROAD, FROM R-1-AA (SINGLE FAMILY RESIDENTIAL DISTRICT) TO REC 7 (RECREATION); DECLARING THE PROPOSED AMENDMENT TO BE 8 CONSISTENT WITH THE COMPREHENSIVE PLAN OF THE CITY; 9 PROVIDING FOR SEVERABILITY, CONFLICTS, AND PROVIDING FOR AN 10 EFFECTIVE DATE. 11 12 WHEREAS, the City Commission of the City of Boynton Beach, Florida, adopted Ordinance 13 No. 02-013, establishing an official zoning map of the City; and 14 WHEREAS, the existing area is generally located West of High Ridge Road between 15 Hypoluxo Road and Miner Road (the “Property”), more particularly described in Exhibit “A”; and 16 WHEREAS, High Ridge Country Club, Inc. has requested to rezone the property from R-17 1-AA (Single Family Residential) to REC (Recreation); and 18 WHEREAS, the City Commission, sitting as the Local Planning Agency at a properly 19 advertised hearing received testimony and evidence related to the application and found that the 20 rezoning is consistent with the City’s Comprehensive Plan and provisions of Chapter 163, Part II, 21 Florida Statutes; and 22 WHEREAS, published legal notice of this Ordinance has been provided pursuant to the 23 requirements of Section 166.041, Florida Statutes, and the City’s Land Development Regulations; 24 and 25 701 09.23.25 (IG) Page 2 of 18 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. WHEREAS, after careful review of the application, staff has determined that the proposed 26 rezoning is consistent with an amendment to the Future Land Use Map, which was 27 contemporaneously considered and approved by the City Commission, complies with the City’s 28 Comprehensive Plan, and is consistent with Chapter 163, Florida Statutes; and 29 WHEREAS, the City Commission has reviewed the City staff's report, incorporated herein, 30 which contains data and analysis supporting the rezoning; and 31 WHEREAS, the City Commission finds that the proposed rezoning is consistent with the 32 surrounding and existing land uses, the City's Comprehensive Plan and Land Development 33 Regulations, and the City Commission deems it to be in the best interest of the public to amend 34 the City’s Zoning Map as further set forth herein. 35 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF 36 BOYNTON BEACH, FLORIDA: 37 Section 1: The foregoing “WHEREAS” clauses are hereby ratified as being true and 38 correct and are hereby made a specific part of this Ordinance upon adoption hereof. 39 Section 2: Decision. The Property described in Exhibit A is hereby rezoned from 40 R-1-AA (Single Family Residential) to REC (Recreation), and the City’s Official Zoning Map shall be 41 amended accordingly. 42 702 09.23.25 (IG) Page 3 of 18 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Section 3: Amendment to Zoning Map. The Director of Planning and Zoning is 43 further authorized to make the necessary changes, as depicted in Exhibit B, as required to the 44 City’s Official Zoning Map to reflect the above-stated changes. 45 Section 4: Authorization to Transmit. The City Manager or designee is hereby 46 authorized to transmit this Ordinance to the State Land Planning Agency pursuant to the 47 provisions of the Community Planning Act, if required. 48 Section 5: Severability. The provisions of this Ordinance are declared to be 49 severable and if any clause, section, or other part of this Ordinance shall for any reason be held 50 to be invalid or unconstitutional, such decision shall not affect the validity of the remaining 51 sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being 52 the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. 53 Section 6: Conflicts. All Ordinances, parts of Ordinances, Resolutions, or parts of 54 Resolutions in conflict herewith, be and the same are repealed to the extent of such conflict. 55 Section 7: Effective Date. This Ordinance shall take effect immediately upon 56 adoption. 57 Signatures on following page 58 59 703 09.23.25 (IG) Page 4 of 18 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. FIRST READING this ______ day of ___________, 2025. 60 SECOND, FINAL READING AND PASSAGE this ______ day of _______, 2025. 61 CITY OF BOYNTON BEACH, FLORIDA 62 YES NO 63 64 Mayor – Rebecca Shelton _____ _____ 65 66 Vice Mayor – Woodrow L. Hay _____ _____ 67 68 Commissioner – Aimee Kelley _____ _____ 69 70 Commissioner – Angela Cruz _____ _____ 71 72 Commissioner – Thomas Turkin _____ _____ 73 74 VOTE ______ 75 ATTEST: 76 77 _____________________________ 78 Maylee DeJesús, MMC Rebecca Shelton 79 City Clerk Mayor 80 81 APPROVED AS TO FORM: 82 (Corporate Seal) 83 84 85 Shawna G. Lamb 86 City Attorney 87 704 09.23.25 (IG) Page 5 of 18 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Exhibit A Legal Description 705 09.23.25 (IG) Page 6 of 18 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. 706 09.23.25 (IG) Page 7 of 18 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. 707 09.23.25 (IG) Page 8 of 18 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. 708 09.23.25 (IG) Page 9 of 18 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. 709 09.23.25 (IG) Page 10 of 18 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. 710 09.23.25 (IG) Page 11 of 18 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. 711 09.23.25 (IG) Page 12 of 18 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. 712 09.23.25 (IG) Page 13 of 18 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. 713 09.23.25 (IG) Page 14 of 18 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. 714 09.23.25 (IG) Page 15 of 18 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. 715 09.23.25 (IG) Page 16 of 18 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. 716 09.23.25 (IG) Page 17 of 18 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. Exhibit B Amended Zoning Map 717 09.23.25 (IG) Page 18 of 18 CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. 718 PLANNING AND DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION STAFF REPORT TO: Mayor and Commissioners THRU: Amanda B. Radigan, AICP Director of Planning and Development FROM: Gabe Sevigny, Principal Planner DATE: October 29, 2025 PROJECT: High Ridge Country Club - Future Land Use Map Amendment and Rezoning – 2025.03.1591 & 2025.03.1590 REQUEST: Approve High Ridge Country Club’s request for a Future Land Use Map Amendment from LDR (Low Density Residential) to R (Recreation) and rezoning from R-1-AA (Single-Family Residential District) to REC (Recreation) consisting of approximately 64.54 acres, site is generally located west of High Ridge Road between Hypoluxo Road and Miner Road. PROJECT DESCRIPTION Property Owner: High Ridge Country Club INC Applicant: Ryan Artim Address: 2400 Hypoluxo Road, Boynton Beach, FL, 33462 Location: West of High Ridge Road and situated between Hypoluxo Road to the north and Miner Road to the south. Existing Land Use: LDR (Low Density Residential) Proposed Land Use: R (Recreation) Existing Zoning: R-1-AA (Single-Family Residential District) Proposed Zoning: REC (Recreation) Proposed Use: Golf course expansion Acreage: 64.54 acres 719 Page 2 High Ridge Country Club – FLUM & Rezone 2025.03.1591 & 2025.03.1590 2 Adjacent Uses: North: Unincorporated Palm Beach County and City of Boynton Beach, with a mixture of residential, office, and commercial uses. South: Unincorporated Palm Beach County and City of Boynton Beach, with park, open space, and civic uses East: Unincorporated Palm Beach County and City of Boynton Beach, with a mixture of residential, office, and multi-family uses. West: City of Boynton Beach, with largely residential uses. BACKGROUND The subject area is located west of High Ridge Road and situated between Hypoluxo Road to the north and Miner Road to the south. The overall site consists of 234.46 acres and has a golf course, clubhouse, and other site amenities. While the entire site is under single ownership, the current configuration consists of three (3) parcels and an undeveloped section of right-of-way. The section of right-of-way has a concurrent application for an abandonment. The remaining three (3) parcels do not have a consistent zone designation, consisting of REC and R-1-AA. The large portion of the subject site, located within the REC zoning district, permits the golf course and related structures, however the two parcels, consisting of 64.54 acres, located to the south and east are within the R-1-AA zoning district which does not permit a golf course as a use. While a portion of the golf course is located within the residential zone district, this area would be considered to be a non-conforming use. Any modifications or expansions of the golf course within the R-1-AA zone district would require a rezone. The 64.54 acres in consideration is located within Environmentally Sensitive Lands both A and B-rated (see “Environmentally Sensitive Lands” attachment). The City of Boynton Beach’s Comprehensive Plan outlines policies in regard to managing and protecting these areas, as defined below in the section ‘Review Based on Criteria for Future Land Use Map and Rezone’. As the applicant is proposing to expand the golf course and modify aspect s of landscaping, and the current pond locations that are located within the R-1-AA zone district, staff advised the requirement for the Future Land Use Map amendment and Rezone. The only portion to be affected will be the 64.54 acres currently zoned R-1-AA. As stated above, there is a concurrent application for an abandonment of the rights-of- way for the southern portion of Northwest 7th Court. As the connection has never been made and it is highly wooded through this area, engineering has recommended 720 Page 3 High Ridge Country Club – FLUM & Rezone 2025.03.1591 & 2025.03.1590 3 approval of that application. If approved an associated final plat can be reviewed and approved changing the configuration to one lot. PROCESS While the subject property does not involve a text change to the goals, objectives, and policies of the comprehensive plan, nor is it located within an area of critical state concern, the size of the property under consideration does exceed 50 acres. Therefore, the proposed Future Land Use Map amendment is subject to the comprehensive plan amendment process per provisions of Chapter 163.3184, Florida Statutes. REVIEW BASED ON CRITERIA FOR FUTURE LAND USE MAP AND REZONE The criteria used to review Comprehensive Plan amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Article II, Section 2.B and Section 2.D.3. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map (FLUM) or a rezoning. a. Demonstration of Need. A demonstration of need may be based upon changing conditions that represent a demand for the proposed land use classification and zoning district. Appropriate data and analysis that adequately substantiates the need for the proposed land use amendment and rezoning must be provided within the application. While there are existing golf course related improvements within the R -1-AA zone district, this would be considered a legal non-conforming use. Any expansion or modification to these areas would require a rezone as a golf course is not a permitted use within the R-1-AA zone district. b. Consistency. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be consistent with the purpose and intent of, and promote, the applicable Comprehensive Plan policies, Redevelopment Plans, and Land Development Regulations. The proposed FLUM amendment is consistent with the intent of several Comprehensive Plan Future Land Use Element policies, including: Policy 1.3.1 The City shall continue to implement the future land use categories in accordance with the descriptions as provided in this policy. The densities and intensities shall be the maximums allow ed, but those maximums will not necessarily be permitted in corresponding zoning districts. The Land Development regulations or other provisions of the City’s Comprehensive Plan or Code of Ordinances may prohibit or regulate certain specific uses if doing so would be reasonable. Furthermore, other uses which may have land use 721 Page 4 High Ridge Country Club – FLUM & Rezone 2025.03.1591 & 2025.03.1590 4 characteristics very similar to those uses listed under a particular land use category may also be allowed in that land use category. One or more zoning districts, including planned development districts, shall be established to implement each of the following land use categories. a. Recreational category shall include active and passive recreation facilities and parks that are both publicly owned and privately- owned. It shall be the policy of the City that all land acquired for public parks, excluding those located in planned zoning districts shall be placed in the Recreational land use and zoning category within five years of acquisition. Development within this designation shall have a maximum Floor Area Ratio (FAR) of 0.50 The uses allowed in this land use category shall be limited to, but shall not necessarily include, the following: 1. Public parks and recreational facilities; 2. Golf courses; 3. Private parks and recreation facilities; 4. Indoor entertainment as accessory; 5. Theaters; 6. Social and civic clubs and organizations; 7. Governmental offices; 8. Civic and community centers; 9. Museums; 10. Medical facilities as accessory; and 11. Retail sales, restaurants as accessory. Policy 1.9.1 New development and redevelopment shall be consistent with the policies of the Future Land Use Element and conform to the Future Land Use Map or, if applicable, comply with the future land use recommendations of the CRA Community Redevelopment Plan and any future redevelopment plans. Policy 4.5.3 The City shall continue to require a detailed flora and fauna survey on any “A” rated site subject to a development proposal and any site greater than 10 acres in size. The City shall require preservation of a minimum 25% of all native p lant communities which occur on an “A” rated ecosystems site the specific location to be determined as a result of the site survey. Habitat shall be preserved with intact canopy, understory and ground cover. Policy 4.5.4 The City shall continue to enforce land development regulations to prohibit land clearing practices that destroy native Florida ecosystems in whole or in part prior to permitting by the City. Policy 4.5.5 The City shall continue to enforce policies regarding the 722 Page 5 High Ridge Country Club – FLUM & Rezone 2025.03.1591 & 2025.03.1590 5 preservation of native habitat and endangered or threatened species and these policies shall also apply to any property which is owned or acquired by the City. Policy 4.6.2 The City shall modify and enforce regulations such that outright preservation of existing, non-exotic trees on any existing vegetated site shall be preferred over “cut and replace” preservation techniques. Removal and replacement shall be discouraged. Preservation of existing trees shall be encouraged, and removal must be unavoidable due to site layout needs with replacement equal to or greater in size and quality to that removed. Policy 4.6.3 The City shall continue to enforce and, where appropriate, improve upon existing subdivision or other development regulations which require shoreline vegetation buffer strips, restrict the amount or location of site clearing, maintain natural drainage flows and require the removal of on-site exotic tree species. Policy 4.6.4 The City shall continue, while discouraging clear-cutting prior to development, to enforce regulations that require removal of exotic tree species on sites being developed, particularly those sites containing sensitive ecosystems rated “A”. Policy 4.6.5 The City shall continue to enforce the land development regulations that require native vegetation species to satisfy at least 50% of all site landscaping requirements as a condition of development or permit approval. All future proposals will be subject to the above standards or any future changes to the City’s Comprehensive Plan. Allowing for a REC zoning district largely prohibits many uses that could otherwise endanger these Environmentally Sensitive Lands. c. Compatibility. The application shall consider whether the proposed Future Land Use and Zoning, or potential uses allowed in a proposed Zoning district, would be compatible with the surrounding uses in terms of density scale, and the nature of use, or mobility options; or interconnectivity within the project and between adjacent properties. While the request is a Future Land Use Map Amendment and Rezone, there is no real change to the use of the subject site. If approved, the applicant may seek modifications or expansions that meet all other applicable requirements for a golf course, club house, and other site amenities and improvements. The proposed applications are compatible with existing uses within the area as the site is currently being used as a golf course. d. Orderly Growth. Whether the proposed amendments to the Future Land Use Map amendment (FLUM) and Zoning maps would encourage piecemeal development or 723 Page 6 High Ridge Country Club – FLUM & Rezone 2025.03.1591 & 2025.03.1590 6 create undevelopable parcels. While the subject site is already in use as a golf course, approvals of these applications would allow for future expansions and modifications to the existing areas. Areas of the subject site would still be considered undevelopable as they are designated as Environmentally Sensitive Lands. e. Location Efficiency. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would support complementary land uses: the integration of a mix of land uses consistent with smart growth or sustainability initiatives; access to a wide range of mobility options; or, interconnectivity within the project and between adjacent properties. The proposed applications, if approved, would allow for expansions to occur within existing boundaries and will allow for interconnectivity within the site without disturbing adjacent properties. f. Availability of Public Services / Infrastructure. All requests for Future Land Use Map amendments shall be reviewed for long-term capacity availability at the maximum intensity permitted under the requested land use classification. There is not an anticipated increase of demand for City se rvices. The area is largely developed and only future expansions to the existing golf course are proposed. g. Economic Development Impact. (1) Whether the proposed rezoning/FLUM amendments would not: a. Represent a potential decrease in the possible intensity of development, given the uses permitted in the proposed land use category and/or zoning district; and b. Represent a potential decrease in the number of uses with high probable economic development benefits. (2) Whether the proposed rezoning/FLUM amendment would: a. Create new employment opportunities: b. Contribute to the enhancement and diversification of the city’s tax base: c. Respond to the current or anticipated market demand or community needs: or d. Alleviate economic obsolescence of the subject area The site is currently largely developed. If approved, the existing REC uses that were developed within the R-1-AA zone district would be able to expand, thereby increasing economic development benefits. The proposed application meets all of the above criteria. h. Heavy Commercial and Industrial Land Supply. The review shall consider whether the proposed amendments to the Future Land Map amendment (FLUM) 724 Page 7 High Ridge Country Club – FLUM & Rezone 2025.03.1591 & 2025.03.1590 7 and Zoning maps would reduce the amount of land available for heavy commercial/industrial development. If such determinatio n is made, the approval can be recommended under the following conditions: (1) The size, shape, and/or location of the property makes it unsuitable for commercial/industrial development; or (2) The proposed rezoning/FLUM amendment provides substantiated evidence of satisfying at least two (2) of the Direct Economic Development Benefits listed in subparagraph “g” above; and The proposed application would not be suitable for commercial/industrial as it is designated as Environmentally Sensitive Lands and the application satisfies four (4) of the Direct Economic Development Impacts listed above. RECOMMENDATION Staff has reviewed the proposed Future Land Use Map Amendment and Rezone against the review criteria provided in Chapter 2, Article II, Section 2, Subsections B.3.c & D.3 and has found the proposal to meet the aforementioned criteria. T herefore, staff recommends that the request be approved. 725 726 727 728 729 730 731 732 733 734 735 736 737 Existing Zoning 738 Proposed Zoning739 740 741 742 743 744 745 746 747 748 © 2024 Microsoft Corporation © 2024 Maxar ©CNES (2024) Distribution Airbus DS © 2024 Microsoft Corporation © 2024 Maxar ©CNES (2024) Distribution Airbus DS © 2024 Microsoft Corporation © 2024 Maxar ©CNES (2024) Distribution Airbus DS © 2024 Microsoft Corporation © 2024 Maxar ©CNES (2024) Distribution Airbus DS © 2024 Microsoft Corporation © 2024 Maxar ©CNES (2024) Distribution Airbus DS © 2024 Microsoft Corporation © 2024 Maxar ©CNES (2024) Distribution Airbus DS DISCOVERY VILLAGE AT BOYNTON BEACH HIGH RIDGE COUNTRY CLUB HIGH RIDGE COUNTRY CLUB EXISTING ZONING: R1AA EXISTING ZONING: REC EXISTING ZONING: R1AA Sheet TitleRevisionsJob TitleDRC DOCUMENTS NORTH2400 HYPOLUXO ROAD,BOYNTON BEACH, FLORIDA 33462HIGH RIDGE COUNTRY CLUBREZONEEXISTING ZONINGMAPX1 LEGEND: EXISTING ZONING: R1AA (SINGLE-FAMILY RESIDENTIAL DISTRICT) LOCATION MAP NORTH EXISTING ZONING MAP EXISTING ZONING: REC (RECREATIONAL) This document has been digitally signed and sealed by Blake M. Kidwell on 03/12/2025. Printed copies of this document are not considered signed and sealed. 749 © 2024 Microsoft Corporation © 2024 Maxar ©CNES (2024) Distribution Airbus DS © 2024 Microsoft Corporation © 2024 Maxar ©CNES (2024) Distribution Airbus DS © 2024 Microsoft Corporation © 2024 Maxar ©CNES (2024) Distribution Airbus DS © 2024 Microsoft Corporation © 2024 Maxar ©CNES (2024) Distribution Airbus DS © 2024 Microsoft Corporation © 2024 Maxar ©CNES (2024) Distribution Airbus DS © 2024 Microsoft Corporation © 2024 Maxar ©CNES (2024) Distribution Airbus DS DISCOVERY VILLAGE AT BOYNTON BEACH HIGH RIDGE COUNTRY CLUB HIGH RIDGE COUNTRY CLUB EXISTING ZONING: REC PROPOSED ZONING: REC PROPOSED ZONING: REC Sheet TitleRevisionsJob TitleDRC DOCUMENTS NORTH2400 HYPOLUXO ROAD,BOYNTON BEACH, FLORIDA 33462HIGH RIDGE COUNTRY CLUBREZONEPROPOSED ZONINGMAPX2 LEGEND: PROPOSED ZONING MAP PROPOSED ZONING: REC (RECREATION DISTRICT) LOCATION MAP NORTH LEGAL DESCRIPTION HIGH RIDGE COUNTRY CLUB ALL OF PLAT (LESS HYPOLUXO RD R/W) This document has been digitally signed and sealed by Blake M. Kidwell on 03/12/2025. Printed copies of this document are not considered signed and sealed. 750 LANDSCAPE ARCHITECTURE - SURVEYING CAULFIELD & WHEELER, INC. CIVIL ENGINEERING PHONE (561)-392-1991 / FAX (561)-750-1452 7900 GLADES ROAD - SUITE 100 BOCA RATON, FLORIDA 33434 BOUNDARY SURVEYHIGH RIDGE COUNTRY CLUB 751 LANDSCAPE ARCHITECTURE - SURVEYING CAULFIELD & WHEELER, INC. CIVIL ENGINEERING PHONE (561)-392-1991 / FAX (561)-750-1452 7900 GLADES ROAD - SUITE 100 BOCA RATON, FLORIDA 33434 752 NO PARKINGNO PARKINGLANDSCAPE ARCHITECTURE - SURVEYING CAULFIELD & WHEELER, INC. CIVIL ENGINEERING PHONE (561)-392-1991 / FAX (561)-750-1452 7900 GLADES ROAD - SUITE 100 BOCA RATON, FLORIDA 33434 753 LANDSCAPE ARCHITECTURE - SURVEYING CAULFIELD & WHEELER, INC. CIVIL ENGINEERING PHONE (561)-392-1991 / FAX (561)-750-1452 7900 GLADES ROAD - SUITE 100 BOCA RATON, FLORIDA 33434 754 LANDSCAPE ARCHITECTURE - SURVEYING CAULFIELD & WHEELER, INC. CIVIL ENGINEERING PHONE (561)-392-1991 / FAX (561)-750-1452 7900 GLADES ROAD - SUITE 100 BOCA RATON, FLORIDA 33434 755 756 757 758 759 760 761 762 763 764 765 766 767 768 769 INTERSTATE 95GULFST R E A M B L V DSEACRESTCONGRESS FEDERAL15TH 23RD HYPOLUXO DIXIEGATEWAY GOLF 22ND BOYNTON BEACH MINER OLD BOYNTON OCEANKNOLLWOOD WOOLBRIGHT HIGH RIDGEOCEAN5 1 20 6 24 8 2 25 17 15 7 19 18 26 22 10 16 4 3 21 23 1413 12 9 11 CONGRESSFEDERALSEACRESTGATEWAY MINER HYPOLUXO 7THDIXIEWOOLBRIGHT 23RD8TH OCEANHIGH RIDGEKNUTHGOLF BOYNTON BEACH1ST 4TH27TH INTERSTATE 9528TH 14TH 26TH11TH17TH MAIN OVERLOOK2NDPOLO22NDQUAIL COVEY13TH OLD OCEAN12TH OLD DIXIE24TH 3RDQUANTUM ORANGE G JAVERTSOUTH RAILROAD9TH NICKELSALTO CHARTER EDGAR PALM15TH 5TH BARKIS MAYFAIR35TH19TH INDUSTRIALSUMMIT LAKE B 18 T H PARK 6TH CORTINAMEADOWS 10THEDITH SUNSET RIDGE 25TH 71ST OAKSAN CASTLERIALTOSEAROMA31STPARK RIDGEOASIS SWINTON30TH LOOMISCORPORATE20TH 29TH SHORE KARENMAXISLESEASY PLAZA LUCINA SANDALW O O D 16TH 34TH CIRCLE 21ST 36TH ASBURYB U X T O N CABRERAGOLFVIEWHORIZONSCANALCHES A P E A K E FINN HILL ESSEX IBIS HARBOUROAKRIDGESMITH SC O T I AESTATE BAMBOO HIGH POINTHASTINGS MILLERMAPLE LITTLE CLUB RIDERBIRCH KAMENAYALESIESTA POTTER RIDGEPOINTE AMBACHCOUNTRY CLUBVALLEYSPANISH RIVERVICTORY 19 T H24THMEADOWS21ST 5TH22ND 1ST23RD 27TH 2ND3RD13TH 16TH 11TH 6TH OCEAN6TH 16TH 13TH13TH 5TH28TH25TH 14TH5TH 5TH9TH 6TH1ST21ST 16TH 1ST9TH15 T H22ND 5TH14TH 4TH1ST14TH1ST4TH3RD2ND6TH1ST 6TH6TH3RD26TH 2ND25TH 7TH 17THOCEAN 6TH5TH3RD3RD 4TH5TH5TH 30TH 4TH3RD13TH 8TH8TH 4TH 22ND1ST3RD9TH 3RD1ST 18TH3RDMINER C A N A L10TH 11TH 2ND2ND 8THOCEAN16TH1ST9TH RIDGE 18TH 15TH1ST 3RD25TH 18TH 10TH8TH 11TH1ST4TH 26TH1STCITY OF BOYNTON BEACH Environmentally Sensitive Lands ® 0 0.5 10.25 Miles Legend ECO VALUE A-Rated B-Rated C-Rated Source: Inventory of Ecosystems in Palm Beach County. Phase III Report. Iverson and Austin, July 1989. Updated: February 2008 770 Page 1 of 3 Business Impact Estimate This form should be included in the agenda packet for the item under which the proposed ordinance is to be considered and must be posted on the City’s website by the time notice of the proposed ordinance is published. Proposed ordinance’s title/reference: This Business Impact Estimate is provided in accordance with section 166.041(4), Florida Statutes. If one or more boxes are checked below, this means the City is of the view that a business impact estimate is not required by state law1 for the proposed ordinance, but the City is, nevertheless, providing this Business Impact Estimate as a courtesy and to avoid any procedural issues that could impact the enactment of the proposed ordinance. This Business Impact Estimate may be revised following its initial posting. Applicable Exemptions: ☐ The proposed ordinance is required for compliance with Federal or State law or regulation; ☐ The proposed ordinance relates to the issuance or refinancing of debt; ☐ The proposed ordinance relates to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget; ☐ The proposed ordinance is required to implement a contract or an agreement, including, but not limited to, any Federal, State, local, or private grant or other financial assistance accepted by the municipal government; ☐ The proposed ordinance is an emergency ordinance; ☐ The ordinance relates to procurement; or ☐ The proposed ordinance is enacted to implement the following: 1 See Section 166.041(4)(c), Florida Statutes. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 02-013 TO REZONE APPROXIMATELY 64.54 ACRES GENERALLY LOCATED WEST OF HIGH RIDGE ROAD BETWEEN HYPOLUXO ROAD AND MINER ROAD, FROM R-1-AA (SINGLE FAMILY RESIDENTIAL DISTRICT) TO REC (RECREATION); DECLARING THE PROPOSED AMENDMENT TO BE CONSISTENT WITH THE COMPREHENSIVE PLAN OF THE CITY; PROVIDING FOR SEVERABILITY, CONFLICTS, AND PROVIDING FOR AN EFFECTIVE DATE. 771 Page 2 of 3 a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and municipal planning, and land development regulation, including zoning, development orders, development agreements and development permits; b. Sections 190.005 and 190.046, Florida Statutes, regarding community development districts; c. Section 553.73, Florida Statutes, relating to the Florida Building Code; or d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code. In accordance with the provisions of controlling law, even notwithstanding the fact that an exemption noted above may apply, the City hereby publishes the following information: 1. A summary of the proposed ordinance (must include a statement of the public purpose, such as serving the public health, safety, morals, and welfare): The subject area is located west of High Ridge Road and situated between Hypoluxo Road to the north and Miner Road to the south. The overall site consists of 234.46 acres and has a golf course, clubhouse, and other site amenities. While the entire site is under single ownership, the current configuration consists of three (3) parcels and an undeveloped section of right-of-way. The section of right-of-way has a concurrent application for an abandonment. The remaining three (3) parcels do not have a consistent zone designation, consisting of REC and R-1-AA. The large portion of the subject site, located within the REC zoning district, permits the golf course and related structures, however the two parcels, consisting of 64.54 acres, located to the south and east are within the R-1-AA zoning district which does not permit a golf course as a use. While a portion of the golf course is located within the residential zone district, this area would be considered to be a non -conforming use. Any modifications or expansions of the golf course within the R -1-AA zone district would require a rezone. The 64.54 acres in consideration is located within Environmentally Sensitive Lands both A and B-rated. The City of Boynton Beach’s Comprehensive Plan outlin es policies in regard to managing and protecting these areas, as defined below in the section ‘Review Based on Criteria for Future Land Use Map and Rezone’. As the applicant is proposing to expand the golf course and modify aspects of landscaping, and the current pond locations that are located within the R -1-AA zone district, staff advised the requirement for the Future Land Use Map amendment and Rezone. The only portion to be affected will be the 64.54 acres currently zoned R -1-AA. 2. An estimate of the direct economic impact of the proposed ordinance on private, for - profit businesses in the City, if any: 772 Page 3 of 3 (a) An estimate of direct compliance costs that businesses may reasonably incur if the ordinance is enacted: NONE (b) Any new charge or fee imposed by the proposed ordinance or for which businesses will be financially responsible: NONE (c) An estimate of the City’s regulatory costs, including estimated revenues from any new charges or fees to cover such costs. NONE 3. Good faith estimate of the number of businesses likely to be impacted by the proposed ordinance: No businesses will be impacted by the proposed ordinance 4. Additional information the governing body deems useful (if any): NONE 773 City of Boynton Beach Agenda Item Request Form 8.H Public Hearing 6 P.M. or as soon thereafter as the agenda permits. The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. 11/18/2025 Meeting Date: 11/18/2025 Proposed Ordinance No. 25-044- First Reading, An Ordinance of the City Commission of the City of Boynton Beach, Florida, approving the abandonment of a portion of the 60' wide NW 7th Court right-of-way, commencing at the south line of the Stanford Park Plat and terminating at the north right-of-way line of Miner Road; authorizing the City Manager to execute a disclaimer, which shall be recorded with this ordinance in the public records of Palm Beach County, Florida; providing an effective date; and for all other purposes. Requested Action: Staff recommends approval of Proposed Ordinance No. 25-044, on first reading. Explanation of Request: The applicant is requesting the partial abandonment (ABAN-2025.03.1589) of the NW 7 th Court Right-of-Way in conjunction with the following applications: High Ridge Country Club Rezoning (REZN-2025.03.1590) a rezoning of the subject properties from R-1-AA (Single Family Residential District) to REC (Recreation), and High Ridge Country Club Future Land Use Map Amendment (FLUM-2025.03.1591) to change the future land use of the subject properties from LDR (Low Density Residential) to R (Recreational). The abandonment area is outlined below (refer to Exhibit A- Proposed Abandonment): The applicant is requesting to abandon the portion of the right-of-way of NW 7 th Court located between Miner Road and the northern property line of the adjacent parcel owned by High Ridge Country Club (PCN 08434508000001000). This portion of the right-of-way is currently gated off and does not provide access to neighboring properties. The abandoned land will be transferred to the abutting property owner(s). In this case, the vacated right-of-way is abutted by the same parcel both to the east and west, and therefore the entirety of the vacated right-of- way will be transferred to the property owner of PCN 08434508000001000. There is an existing 12-inch water main, and a 6-inch force main located within the existing right-of-way. As part of the concurrent plat application (PLAT-2025.08.5622), a 60-foot-wide utility easement will be provided within the same footprint as the right-of-way being vacated as part of this application. 774 The subject area is approximately 196,108 square feet (4.502 acres) and 60 feet wide (Exhibit B- Legal Descriptions and Sketches). The applicant has provided a justification statements for the abandonment request (see Exhibit D- Justification Statement). How will this affect city programs or services? N/A Account Line Item and Description: N/A Fiscal Impact: The abandonment will reduce the right-of-way that needs to be maintained by the City, and will increase property tax revenue as the abandoned right-of-way will become a part of the High Ridge Country Club property. Attachments: Ord. 25-044 Agenda_Item_3939- 2025_Ordinance_Approving_abandonment_of_portion_of_60__wide_NW_7th_Ct_ROW__2_.docx ABAN 2025.03.1589_Staff Report.doc Exhibit A - Proposed Abandonment.pdf Exhibit B - Legal Description and Sketches.pdf Exhibit C - Conditions of Approval.docx Exhibit D - Justification Statement.pdf Agenda Item 3939-2025 Business Impact Statement.docx 775 ORDINANCE NO. 25-044 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF 1 BOYNTON BEACH, FLORIDA, APPROVING THE ABANDONMENT OF A 2 PORTION OF THE 60’ WIDE NW 7TH COURT RIGHT-OF-WAY, 3 COMMENCING AT THE SOUTH LINE OF THE STANFORD PARK PLAT 4 AND TERMINATING AT THE NORTH RIGHT-OF-WAY LINE OF MINER 5 ROAD; AUTHORIZING THE CITY MANAGER TO EXECUTE A 6 DISCLAIMER, WHICH SHALL BE RECORDED WITH THIS ORDINANCE 7 IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; AND 8 PROVIDING AN EFFECTIVE DATE; AND FOR ALL OTHER PURPOSES. 9 10 WHEREAS, Applicant is requesting the partial abandonment of NW 7th Court Right-11 Of-Way (“ROW”) located between Miner Road and the northern property line of the adjacent 12 parcel owned by High Ridge Country Club, as recorded in Plat Book 46, Page 67 of the Public 13 Records of Palm Beach County, Florida; and 14 WHEREAS, staff has determined that the requested abandonment would not 15 adversely impact traffic or other City functions, and would not adversely impact other adjacent 16 property owners; and 17 WHEREAS, comments have been solicited from the appropriate City Departments, and 18 public hearings have been held before the City Commission on the proposed abandonment; 19 and 20 WHEREAS, staff has determined that the subject right-of-way no longer serves a 21 public purpose and therefore recommends approval of the request, subject to the 22 accompanying conditions. 23 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF 24 BOYNTON BEACH, FLORIDA THAT: 25 26 Section 1. The foregoing “Whereas” clauses are true and correct and incorporated 27 herein by this reference. 28 29 776 ORDINANCE NO. 25-044 Section 2. The City Commission of the City of Boynton Beach, Florida, does hereby 30 abandon the sixty-foot (60’) wide NW 7th Court ROW, commencing at the south line of the 31 Stanford Park Plat and terminating at the north ROW line of Miner Road, as recorded in Plat 32 Book 46, Page 67 of the Public Records of Palm Beach County. The property being abandoned 33 is more particularly described as follows: 34 A PORTION OF NW 7TH COURT, A ROAD RIGHT -OF-WAY, BEING A 35 PORTION OF SECTION 8, TOWNSHIP 45 SOUTH, RANGE 43 EAST, BEING 36 MORE PARTICULARLY DESCRIBED AS FOLLOWS: 37 38 COMMENCE AT THE SOUTHEAST CORNER OF STANFORD PARK, A 39 PLAT AS RECORDED AT PLAT BOOK 46, PAGE 67 OF THE PUBLIC 40 RECORDS OF PALM BEACH COUNTY, THENCE N86⁰37’52”W, ALONG 41 THE SOUTH LINE OF SAID STANFORD PARK, 158.93 FEET TO THE 42 POINT OF BEGINNING, BEING THE CENTERLINE OF A SAID NW 7TH 43 COURT, BEING A 60.00 FOOT RIGHT-OF-WAY, 30.00 FEET ON BOTH 44 SIDES OF SAID CENTERLINE; THENCE S03⁰22’07”W ALONG SAID 45 CENTERLINE, 349.64 FEET TO A POINT OF CURVATURE, OF A CURVE 46 CONCAVE TO THE EAST, HAVING A RADIUS OF 1880.00 FEET AND A 47 CENTRAL ANGLE OF 06⁰38’27”, AND ARC DISTANCE OF 217.90 FEET TO 48 A POINT OF TANGENCY; THENCE S03⁰15’45”E, 15.11 TO A POINT OF 49 CURVATURE OF A CURVE, CONCAVE TO THE WEST, HAVING A 50 RADIUS OF 460.00 FEET AND A CENTRAL ANGLE OF 16⁰37’52”; THENCE 51 SOUTHERLY AN ARC DISTANCE OF 133.52 FEET TO A POINT OF 52 TANGENCY; THENCE S13⁰22’07”E, 289.96 FEET TO A POINT OF 53 CURVATURE, OF A CURVE, CONCAVE TO THE EAST, HAVING A 54 RADIUS OF 300.00 FEET AND A CENTRAL ANGLE OF 13⁰23’14”; THENCE 55 SOUTHERLY AN ARC DISTANCE OF 70.10 FEET TO A POINT OF 56 TANGENCY; THENCE S00⁰01’07”E, 788.63 FEET TO A POINT OF 57 CURVATURE, OF A CURVE, BEING CONCAVE TO THE WEST, HAVING 58 A RADIUS OF 6728.00 FEET AND A CENTRAL ANGLE OF 04⁰51’00”; 59 THENCE SOUTHERLY AN ARC DISTANCE OF 569.52 FEET TO A POINT 60 OF TANGENCY; THENCE S04⁰49’53”W, 834.07 FEET TO THE POINT OF 61 TERMINATION. 62 63 SAID POINT BEING ON THE NORTH RIGHT -OF-WAY LINE OF MINER 64 ROAD. 65 66 THE PREVIOUS NINE COURSES AND DISTANCES BEING ALONG THE 67 CENTERLINE OF SAID NW 7TH COURT. 68 69 NOTE THE SIDELINES OF THIS DESCRIPTION WILL EXTEND OR 70 SHORTEN, TO BE COMMON WITH THE SOUTH LINE OF SAID 71 STANFORD PARK (PLAT) AND THE NORTH RIGHT-OF-WAY LINE OF 72 SAID MINER ROAD. 73 777 ORDINANCE NO. 25-044 74 SAID LAND LYING IN THE CITY OF BOYNTON BEACH, PALM BEACH 75 COUNTY, FLORIDA, CONTAINING 196,108 SQUARE FEET, 4.502 ACRES, 76 MORE OR LESS. 77 78 Section 3. The City Manager is hereby authorized and directed to execute the 79 attached Disclaimer and cause the same to be filed, with this Ordinance, in the Public Records 80 of Palm Beach County, Florida. 81 Section 4. This Ordinance shall take effect immediately upon passage. 82 [Signatures on the following page] 83 84 778 ORDINANCE NO. 25-044 FIRST READING this ____ day of ______________________________, 2025. 85 SECOND READING this ____ day of ____________________________________, 2025. 86 87 88 CITY OF BOYNTON BEACH, FLORIDA 89 90 YES NO 91 Mayor – Rebecca Shelton _____ _____ 92 93 Vice Mayor – Woodrow L. Hay _____ _____ 94 95 Commissioner – Angela Cruz _____ _____ 96 97 Commissioner – Thomas Turkin _____ _____ 98 99 Commissioner – Aimee Kelley _____ _____ 100 101 VOTE ______ 102 103 104 ATTEST: 105 106 _____________________________ ______________________________ 107 Maylee De Jesús, MPA, MMC Rebecca Shelton 108 City Clerk Mayor 109 110 APPROVED AS TO FORM: 111 (Corporate Seal) 112 _______________________________ 113 Shawna Lamb 114 City Attorney115 779 ORDINANCE NO. 25-044 DISCLAIMER KNOW ALL MEN BY THESE PRESENTS that the City Commission of the City of Boynton Beach, Florida, does hereby abandon the sixty-foot (60’) wide NW 7th Court right-of-way, commencing at the south line of the Stanford Park Plat and terminating at the north right-of-way line of Miner Road, as recorded in Plat Book 46, Page 67 of the Public Records of Palm Beach County, Florida. The property being abandoned is more particularly described as follows: A PORTION OF NW 7TH COURT, A ROAD RIGHT-OF-WAY, BEING A PORTION OF SECTION 8, TOWNSHIP 45 SOUTH, RANGE 43 EAST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF STANFORD PARK, A PLAT AS RECORDED AT PLAT BOOK 46, PAGE 67 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, THENCE N86⁰37’52”W, ALONG THE SOUTH LINE OF SAID STANFORD PARK, 158.93 FEET TO THE POINT OF BEGINNING, BEING THE CENTERLINE OF A SAID NW 7TH COURT, BEING A 60.00 FOOT RIGHT-OF-WAY, 30.00 FEET ON BOTH SIDES OF SAID CENTERLINE; THENCE S03⁰22’07”W ALONG SAID CENTERLINE, 349.64 FEET TO A POINT OF CURVATURE, OF A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 1880.00 FEET AND A CENTRAL ANGLE OF 06⁰38’27”, AND ARC DISTANCE OF 217.90 FEET TO A POINT OF TANGENCY; THENCE S03⁰15’45”E, 15.11 TO A POINT OF CURVATURE OF A CURVE, CONCAVE TO THE WEST, HAVING A RADIUS OF 460.00 FEET AND A CENTRAL ANGLE OF 16⁰37’52”; THENCE SOUTHERLY AN ARC DISTANCE OF 133.52 FEET TO A POINT OF TANGENCY; THENCE S13⁰22’07”E, 289.96 FEET TO A POINT OF CURVATURE, OF A CURVE, CONCAVE TO THE EAST, HAVING A RADIUS OF 300.00 FEET AND A CENTRAL ANGLE OF 13⁰23’14”; THENCE SOUTHERLY AN ARC DISTANCE OF 70.10 FEET TO A POINT OF TANGENCY; THENCE S00⁰01’07”E, 788.63 FEET TO A POINT OF CURVATURE, OF A CURVE, BEING CONCAVE TO THE WEST, HAVING A RADIUS OF 6728.00 FEET AND A CENTRAL ANGLE OF 04⁰51’00”; THENCE SOUTHERLY AN ARC DISTANCE OF 569.52 FEET TO A POINT OF TANGENCY; THENCE S04⁰49’53”W, 834.07 FEET TO THE POINT OF TERMINATION. SAID POINT BEING ON THE NORTH RIGHT-OF-WAY LINE OF MINER ROAD. THE PREVIOUS NINE COURSES AND DISTANCES BEING ALONG THE CENTERLINE OF SAID NW 7TH COURT. NOTE THE SIDELINES OF THIS DESCRIPTION WILL EXTEND OR SHORTEN, TO BE COMMON WITH THE SOUTH LINE OF SAID STANFORD PARK (PLAT) AND THE NORTH RIGHT-OF-WAY LINE OF SAID MINER ROAD. SAID LAND LYING IN THE CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA, CONTAINING 196,108 SQUARE FEET, 4.502 ACRES, MORE OR LESS. 780 ORDINANCE NO. 25-044 IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton Beach, Florida, have hereunto set their hands and affixed the seal of the City this ____ day of ________________________, 2025. ATTEST: CITY OF BOYNTON BEACH, FLORIDA _________________________ _____________________________ Maylee De Jesus, MMC Daniel Dugger, City Manager City Clerk STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH ) BEFORE ME, the undersigned authority, personally appeared by means of physical presence or online notarization, Daniel Dugger, City Manager of the City of Boynton Beach, Florida, known to me to be the person described in and who executed the foregoing instrument, and acknowledged the execution thereof to be his free hand and deed as such officer, for the uses and purposes mentioned therein; that he affixed thereto the official seal of said corporation; and that said instrument is the act and deed of said corporation. WITNESS my hand and official seal in the said State and County this _____ day of ________________, 2025. _____________________________ NOTARY PUBLIC, State of Florida My Commission Expires: 781 PLANNING & DEVELOPMENT DEPARTMENT ENGINEERING DIVISION STAFF REPORT TO: Mayor Rebecca Shelton Members of the City Commission THRU: Amanda B. Radigan, AICP, LEED AP Development Director FROM: Luiza Pessoa Guazzelli, Engineer III DATE: October 29, 2025 (City Commission Hearing: November 18, 2025, and TBD) PROJECT: NW 7th Court Right-of-Way Vacation (ABAN-2025.03.1589) REQUEST: Approval of partial abandonment of the NW 7th Court Right-of-Way (ABAN- 2025.03.1589) BACKGROUND The applicant is requesting the partial abandonment (ABAN-2025.03.1589) of the NW 7th Court Right-of-Way in conjunction with the following applications: High Ridge Country Club Rezoning (REZN-2025.03.1590) a rezoning of the subject properties from R-1-AA (Single Family Residential District) to REC (Recreation), and High Ridge Country Club Future Land Use Map Amendment (FLUM-2025.03.1591) to change the future land use of the subject properties from LDR (Low Density Residential) to R (Recreational). The abandonment area is outlined below (refer to Exhibit A – Proposed Abandonment): The applicant is requesting to abandon the portion of the right-of-way of NW 7th Court located between Miner Road and the northern property line of the adjacent parcel owned by High Ridge Country Club (PCN 08434508000001000). This portion of the right-of-way is currently gated off and does not provide access to neighboring propertie s. The abandoned land will be transferred to the abutting property owner(s) as per State Statute. In this case, the vacated right-of-way is abutted by the same parcel both to the east and west, and therefore the entirety of the vacated right -of-way will be transferred to the property owner of PCN 08434508000001000. There is an existing 12-inch water main, and a 6-inch force main located within the existing right-of-way. As part of the concurrent plat application (PLAT - 2025.08.5622), a 60-foot-wide utility easement will be provided within the same footprint as the right-of-way being vacated as part of this application. The subject area is approximately 196,108 square feet (4.502 acres) and 60 feet wide (Exhibit B – Legal Descriptions and Sketches). The applicant has provided a justification statements for the abandonment request (see Exhibit D – Justification Statement). The following is a description of the zoning districts and land uses of the properties that surround the subject abandonment request: Adjacent Uses: 782 NW 7th Court Abandonment (ABAN-2025.03.1589) Page 2 S:\Planning\SHARED\WP\PROJECTS\High Ridge Country Club\ABAN - 2025.03.1589\Commission North: Right-of-way of NW 7th Court continues north of the area being abandoned. On the northwest and northeast, undeveloped parcels, classified Medium Density Residential (MEDR) future land use and zoned Planned Unit Development (PUD); South: Right-of-way of Miner Road, then an undeveloped parcel, classified Industrial (IND) future land use and zoned Single Family Residential District (RS) within unincorporated Palm Beach County; East: On the east, parcel currently developed with the High Ridge Country Club , classified Low Density Residential (LDR) and zoned Single Family Residential District (R1AA); West: On the west, parcel currently developed with the High Ridge Country Club, classified Low Density Residential (LDR) and zoned Single Family Residential District (R1AA); ANALYSIS A notice of the requests was mailed to owners of properties within 400 feet of the subject properties. and signs were posted for the City Commission meeting dates. The applicant has certified that they posted signage and mailed notices in accordance with Ordinance No. 04-007 & 05-004. A summary of the responses received from the City Engineering and Utilities, and the utility companies follows: CITY DEPARTMENTS/DIVISIONS Engineering/Public Works/Forestry/Utilities No objection with conditions (see Exhibit “C” - Conditions of Approval) Planning and Zoning No objection. Police No objection with conditions (see Exhibit “C” - Conditions of Approval) Building No objection. Fire No objection. PUBLIC UTILITY COMPANIES Florida Power and Light Response received. Potential clearance issues on East, West and South side of the property with existing underground/overhead lines. Future relocations and/or addition of FPL facilities subject to full engineering review once finalized electrical/site plans are provided. AT&T Response received. An additional easement will be needed if future facilities are needed in the area. 783 NW 7th Court Abandonment (ABAN-2025.03.1589) Page 3 S:\Planning\SHARED\WP\PROJECTS\High Ridge Country Club\ABAN - 2025.03.1589\Commission Florida Public Utilities Response received. No objections. Comcast Response received. No objections. City of Boynton Beach Utilities Dept Response received. The required easement width must be 60 feet, which is the same width of the right-of-way to be abandoned. RECOMMENDATION Staff has determined that the requested abandonment (ABAN-2025.03.1589) would not adversely impact traffic or other City functions and would not adversely impact other adjacent property owners. Based on the above-analysis, staff has determined that the subject right-of-way segments no longer serve a public purpose other than retention of necessary utility easements and therefore recommends APPROVAL of the requests, subject to the attached conditions (see Exhibit C - Conditions of Approval). Any conditions required by the Commission will be placed in Exhibit C. 784 © 2024 Microsoft Corporation © 2024 Maxar ©CNES (2024) Distribution Airbus DS © 2024 Microsoft Corporation © 2024 Maxar ©CNES (2024) Distribution Airbus DS © 2024 Microsoft Corporation © 2024 Maxar ©CNES (2024) Distribution Airbus DS © 2024 Microsoft Corporation © 2024 Maxar ©CNES (2024) Distribution Airbus DS © 2024 Microsoft Corporation © 2024 Maxar ©CNES (2024) Distribution Airbus DS POSSIBLE GOLF HOLE EXPANSIONPOSSIBLE GOLF HOLE EXPANSION POSSIBLE GOLF HOLE EXPANSION DISCOVERY VILLAGE AT BOYNTON BEACH HIGH RIDGE SCRUB NATURAL AREA ROW TO BE VACATED HIGH RIDGE COUNTRY CLUB HIGH RIDGE COUNTRY CLUB PROPOSED 60' UTILITY EASEMENT LOCATION MAP NORTH Sheet TitleRevisionsJob TitleDRC DOCUMENTS NORTHNW 7TH COURTLANTANA, FLORIDA 33462HIGH RIDGE COUNTRY CLUBROW VACATIONRIGHT-OF-WAYVACATION OVERALL EXHIBITX1 785 786 787 788 789 790 791 792 EXHIBIT “C” Conditions of Approval Project Name: NW 7th Court Right-of-Way Vacation File number: ABAN-2025.03.1589 DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES Comments: 1. The proposed 60’ Utility Easement that will be located within the existing footprint of the right-of-way that is being abandoned shall be reflected on the plat, as required by Utilities. X 2. The abandonment shall be recorded upon the successful creation and recording of the new 60’ Utility Easement through the platting process. This ensures that essential utilities remain protected even as the old right-of-way designation is removed. X 3. Applicant shall provide a cost estimate and payment for the City to install “dead-end” signage at the intersection of NW 7th Court and Newport Place. Payment to be provided prior to plat and abandonment recording. X PLANNING AND ZONING Comments: None. All previous comments acknowledged during DART review. POLICE Comments: 4. Maintain clear lines of sight through landscaping, fencing, and lighting. X BUILDING Comments: None. All previous comments acknowledged during DART review. FIRE Comments: None. All previous comments acknowledged during DART review. CITY COMMISSION CONDITIONS Comments: TBD 793 September 3, 2025 Re: HIGH RIDGE COUNTRY CLUB (NW 7TH COURT RIGHT OF WAY VACATION) (Case #2025.03.1589) Review Criteria. The vacation and abandonment of a right-of-way, special purpose easement, or other non-fee interest of the city shall be based on a demonstration that the above interest no longer serves a public purpose and there is no encumbrance which would prohibit the clear transfer of ownership of such land. The following review criteria shall be used to justify an application: Access. Does the subject land provide a legal means of access to a lot of record, subdivision, or development? Would the vacation and abandonment cause or result in a permanent stoppage, interruption, or an unacceptable level of service for the subject lot or on neighboring lots, subdivisions, or developments with respect to police, fire, or other emergency services; or solid waste removal? The existing right-of-way is not accessible to the public as a vehicular gate is located along the northern property line. The vacation of this right-of-way will not cause any impact to the surrounding neighborhoods or emergency services as the existing right-of-way runs through private property. The Applicant is providing a 60’ utility easement in place of the entirety if the vacationed right-of-way. Utilities. Does the subject land contain, support, or allow potable water, sanitary sewer, or any other utility (e.g. cable, telephone, electricity, gas, etc.), which would be permanently stopped or interrupted, or cause an unacceptable level of service to the subject lot or neighboring lots, subdivisions, or developments? The site’s water utilities will remain as existing. The Applicant has requested utility notification letters from BellSouth Telephone/AT&T, City of Boynton Beach Utilities Department, Comcast, Florida Public Utilities, and FPL to determine if there are any existing utilities in the area. Each utility company has been notified with this request that the existing right-of-way to be vacated will be replaced with a 60’ utility easement for the entirety of the right-of-way to be vacated. The Applicant has received responses with no objection of the right-of-way vacation from BellSouth Telephone/AT&T, Boynton Beach Utilities Department and Comcast. Boynton Beach Utilities Department has required within their letter “The required easement width must be 60 feet, which is the same as the width of the right-of-way to be abandoned.” As indicated above, this requirement will be met. The Applicant has not received notification back from Florida Public Utilities and FPL. Drainage and Wastewater Management. Does the subject land contain, support, or allow a legal means of drainage or wastewater management for such lot or on neighboring lots, subdivisions, or developments, which would cause or result in a stoppage, interruption, or unacceptable level of service? 794 The Site’s existing right-of-way is undeveloped and after the vacation, the right-of-way will be added to the overall drainage plans for High Ridge Country Club. Conservation. Does the subject land contain, support, or allow the means for the conservation or preservation of flora or fauna? The area to be vacated falls within the Environmentally Sensitive Land ‘A’ rated area but is covered by a utility easement which would preclude any additional landscaping. 795 Page 1 of 2 Business Impact Estimate This form should be included in the agenda packet for the item under which the proposed ordinance is to be considered and must be posted on the City’s website by the time notice of the proposed ordinance is published. Proposed ordinance’s title/reference: This Business Impact Estimate is provided in accordance with section 166.041(4), Florida Statutes. If one or more boxes are checked below, this means the City is of the view that a business impact estimate is not required by state law1 for the proposed ordinance, but the City is, nevertheless, providing this Business Impact Estimate as a courtesy and to avoid any procedural issues that could impact the enactment of the proposed ordinance. This Business Impact Estimate may be revised following its initial posting. Applicable Exemptions: ☐ The proposed ordinance is required for compliance with Federal or State law or regulation; ☐ The proposed ordinance relates to the issuance or refinancing of debt; ☐ The proposed ordinance relates to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget; ☐ The proposed ordinance is required to implement a contract or an agreement, including, but not limited to, any Federal, State, local, or private grant or other financial assistance accepted by the municipal government; ☐ The proposed ordinance is an emergency ordinance; ☐ The ordinance relates to procurement; or ☒ The proposed ordinance is enacted to implement the following: 1 See Section 166.041(4)(c), Florida Statutes. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE ABANDONMENT OF A PORTION OF THE 60’ WIDE NW 7TH COURT RIGHT-OF- WAY, COMMENCING AT THE SOUTH LINE OF THE STANFORD PARK PLAT AND TERMINATING AT THE NORTH RIGHT-OF-WAY LINE OF MINER ROAD; AUTHORIZING THE CITY MANAGER TO EXECUTE A DISCLAIMER, WHICH SHALL BE RECORDED WITH THIS ORDINANCE IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE DATE; AND FOR ALL OTHER PURPOSES. 796 Page 2 of 2 a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and municipal planning, and land development regulation, including zoning, development orders, development agreements and development permits; b. Sections 190.005 and 190.046, Florida Statutes, regarding community development districts; c. Section 553.73, Florida Statutes, relating to the Florida Building Code; or d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code. In accordance with the provisions of controlling law, even notwithstanding the fact that an exemption noted above may apply, the City hereby publishes the following information: 1. A summary of the proposed ordinance (must include a statement of the public purpose, such as serving the public health, safety, morals, and welfare): See Above. 2. An estimate of the direct economic impact of the proposed ordinance on private, for - profit businesses in the City, if any: (a) An estimate of direct compliance costs that businesses may reasonably incur if the ordinance is enacted: (b) Any new charge or fee imposed by the proposed ordinance or for which businesses will be financially responsible: (c) An estimate of the City’s regulatory costs, including estimated revenues from any new charges or fees to cover such costs. 3. Good faith estimate of the number of businesses likely to be impacted by the proposed ordinance: 4. Additional information the governing body deems useful (if any): 797 City of Boynton Beach Agenda Item Request Form 10.A Regular Agenda 11/18/2025 Meeting Date: 11/18/2025 Discussion and Update- Eco Park Project Timeline and Grant Status. Requested Action: Receive the Eco Park project update and provide direction to staff regarding the grant provider's response requiring the city to maintain the revised project scope to keep grant funding. Explanation of Request: The Eco Park Project started with a budget of $870,000 inclusive of $364,250 in grant funding. When construction bids came in during 2023, they were all significantly over budget, leading to attempts to redesign the project to get it within budget and keep our grant funding. The project has faced several challenges including bid withdrawals and budget shortfalls. The grant provider has now informed the city that reducing the revised project scope further is not acceptable. The city must maintain the revised amenities to keep the grant, which will require significant additional funding. Key project timeline actions include: 1. Initial Design Phase: Original project design exceeded budget. Consultants scaled back the plans to fit within $870,000. 2. Bid Process: Fall 2023: Received three construction bids ranging from $1.3 to $1.7 million Lowest bid exceeded budget by over $560,000 Staff searched for additional funding to cover the shortfall 3. Contractor Engagement: December 2023 - January 2024: After meetings with city staff, the lowest bidder withdrew their bid, saying they couldn't complete the work at that price 4. Grantor Coordination: June 2024: City updated grant provider about the budget problems Grant provider gave two options: scale back the project or withdraw the grant 5. Commission Direction: August 2024: Commission directed staff to reduce the project scope and keep the grant 6. Grantor Review: November 2024: Submitted scaled-back plans to grant provider 798 August 2025: Grant provider requested additional information about the reduced project, including budget updates and explanations for removed features October 2025, the grant expired while waiting for response from the grantor. November 2025: Grant provider responded that the additional scope reduction is not acceptable—original amenities (trails, pavilions, and ADA sidewalk) must be included to maintain grant requirements. The grant provider has determined that we cannot reduce the project scope and maintain the grant. To keep the grant funding, we must include all revised approved amenities, which will require approximately $560,000 in additional funding beyond the current $870,000 budget. The Commission must decide whether to: Proceed with the full project and identify additional funding sources Withdraw from the grant program and defer or cancel the project How will this affect city programs or services? Maintaining the grant and completing the full project will require identifying additional funding, which may impact other capital projects or require budget amendments. Budgeted Item: Yes Account Line Item and Description: Yes (current allocation of $870,000 is insufficient to complete the project) Fiscal Impact: At the time the project was bid the project required approximately $1.43 million based on lowest bid received. With the current budget of $870,000, an additional $560,000 must be identified. Options include Reallocating funds from other CIP projects Budget amendment using reserves Withdrawing from the grant and forfeiting the committed grant funds 799 City of Boynton Beach Agenda Item Request Form 10.B Regular Agenda 11/18/2025 Meeting Date: 11/18/2025 Strategic Plan Presentation and Update Requested Action: Requested by Vice Mayor Hay. Explanation of Request: The Economic Development Division will provide an update on the City’s Strategic Plan 2024– 2039, outlining progress to date and next steps in implementing the City’s long-term vision. The presentation will highlight: Current Status of Projects: An overview of the projects initiated under each of the four strategic goals and their current stage of implementation. Updated Strategic Initiatives: How new and refined initiatives were identified through collaboration with City departments to ensure alignment with operational priorities and community needs. Key Projects and Achievements: Examples of completed, ongoing, and planned initiatives that support a Financially Sound City Government Providing Exceptional Services, a Sound Local Economy, A Great Place to Live , and A Safe, Clean, and Attractive Community. Next Steps: Review of the process for continued interdepartmental coordination and reporting as the City advances toward its 2029 milestones. This update reflects a comprehensive, data-driven approach to monitoring progress and ensuring accountability across all departments, in support of the City’s long-term strategic vision through 2029. Fiscal Impact: N/A Attachments: Boynton Beach Strategic Plan Policy Actions and Projects.pdf 800 Objectives & Policy Actions Priority Projects Status Notes 1.1 Provide a high level of City core services responsive to the needs of the entire Boynton Beach community High Priority City Internship Program Development: Ongoing In-progress City Organization Restructure: Update Reports In progress City Proactive Communication Strategy/Action Plan: Goals/Outcomes, Best Practices, Report with Options, Direction and Funding Not Started Not Prioritized City Standardization Brand/Marketing Policy and Guidebook Development: Completion Completion Employment Engagement Program Planning: Completion Completion Marketing Policies – Logo Use, I-95 Billboard, Video/Photos, Water Tower, Utility Inserts & Copy Not Started Online Photo & Video Files: Ongoing In-progress Updated List of Current/Contacts of Neighborhood Associations: Ongoing In-progress Sale of Cemetery Lots: Update Sale Policy and Enforcement In progress Web-Based Cemetery Information Management System Plotbox Implementation: Completion Completion 1.1.2 Community-Wide Survey Feedback Strategy/Action Plan: Goals, Best Practices, Report with Options, Direction and City Actions 1.1.3 City Organization Restructure: Update Reports Top Priority 1.2 Build and maintain quality City infrastructure, facilities and equipment Top Priority EOC Renovation In-progress Fire Station #5 – Generator & Fuel Tank Replacement In-progress Fire Station 3 Design In progress Hester Center Phase One Completion New Fire Station Recall System: Funding, Order and Implementation In progress Construction Old Fire Station 2 Logistics and Public Safety Fleet Facility Not Started Pending Station 3 Resiliency Action Plan: Implementation: Update Report, Direction and City Actions Not Started AssetWorks Work Order System – Capital Projects: Completion Completion City Assets Maintenance Improvement In-progress Cybersecurity Project for the Utility: Completion Completion East Water Treatment Plant Upgrade Projects In progress Generator Replacement; Structural Repairs; VFD Replacement In progress GIS Upgrades: Completion Completion Lake Shore Haven Canal Culvert Repair Project: Completion and Funding In progress Study in Progres Lakeside Gardens Stormwater Drainage and Water Main Improvements Project: Construction Completion Lead and Copper Rule: Inventory Completion Completion Lift Station 410 and 414 Connection to Force Main Project Completion Master Lift Station 317 Major Rehabilitation Upgrades Project In progress Sand Castle Neighborhood Improvements (Utilities and Public Works) Projects In progress Water Master Plan and Feasibility Study: Completion Completion Water Meter Replacement Project In-progress Not Prioritized Water Quality Facility Remodel In progress West Water Treatment Plant Membranes and Train Replacement and Electrical & SCADA Upgrades In progress AssetWorks Work Order System: Parks Maintenance and Streets Maintenance Completion SE 1st Street – Construction Roadway Improvement Projects In progress SE 36th Ave (Gulfstream Blvd) Road Rehabilitation Project In progress Street Paving (Non-ARPA) Projects Completion 1.2.3 Fire Equipment Upgrades: Direction and Funding High Priority Fire Equipment Upgrades: Direction and Funding Budget FY 25-26 for Self- Contained Breathing Apparatus Replacement ($1milion)Completion STRATEGIC PLAN 2039 Goal 1: Financially Sound City Government Providing Exceptional Services 1.1.1 Core City Services: Comprehensive Inventory of All Services, Services Prioritization, Service Level Definition and Integration into Budget FY 25 1.2.1 Comprehensive City Infrastructure Improvement Plan Upgrade: Condition Assessment, Plan Development, Funding Mechanisms and Direction 1.2.2 Road Resurfacing Program Expansion: Goal - "C" Rated by 2030: Policy Goal, Direction and Funding High Priority 801 1.2.4 Handheld Radio Replacement ($800,000): Funding Budget FY 24-25 High Priority 1.3 Focus on and fund City core services and responsibilities 1.3.1 Core City Services: Comprehensive Inventory of All Services, Services Prioritization, Service Level Definition and Integration into Budget FY 25 High Priority CARES Program – Reserve Firefighter Program Integration: Ongoing In-progress Heart of Boynton Stormwater Improvement Projects: Completion (HazMat Mitigation Grant)In progress Town of Hypoluxo Septic to Sewer Grant Project Completion 1.3.2 Fire Rescue Service Contracts: Contract with City of Gulf, Call Volume, Cost of Service, Cost Recovery Options, Report with Recommendations, Direction and Contracts Approval Top Priority 1.4 Deliver City services in an efficient, cost-effective manner 1.4.1 Independent City Auditor: Concept Definition, Best Practices, Report with Options, Direction and Implementation Options, Draft Charter Amendment, Direction and City Actions Top Priority Administrative Policy Update: Completion Completion AP Automation – Electronic Payment Processing and Purchase Order Automation: Completion Completion Budget Reduction Plan: Goals, Report with Options and Direction Not Started Abandoned, integrated into budget process Citywide Asset Valuation: Completion Completion Citywide Records Management Training: Completion Completion Community Rating System Maintenance: Ongoing In-progress Customer Journey Mapping: Completion Completion Expired Rental License/COU Inspection Initiative: Implementation (City Clerk): Ongoing In-progress IAS Accreditation for the Building and Community Standards Divisions: Completion Completion Internal Controls Review: Ongoing In-progress Procedures on Minor Accidents with Minimal Damage Review: Ongoing In-progress Workday Citywide ERP (Enterprise Resource Planning)In-progress 1.5 Leverage City resources through increases in grants and community partnerships 1.6 Build strong financial reserves consistent with City policies and national standards 1.6.1 Multi-Year Financial Plan Development: Plan Framework, Projections - Revenues and Expenditures, Presentation, and Adoption 1.6.2 "Rainy Day'' Fund Creation: Goals, Best Practices, Report with Options, Direction and Implementation Action 1.6.3 Procurement Policy and Process Refinement Review Current, Best Practices, Draft Refinements and Adoption Top Priority Review Current, Best Practices, Draft Refinements and Adoption Not Started Revitalize the Procurement Division to elevate service excellence, fostering efficiency, transparency, and strategic value that strengthen City operations and enrich the quality of life for residents. In-progress 1.7 Increase and diversify City revenues to support the defined services and service level, and major infrastructure projects 1.7.1 New/Expanded Revenue Source: Legal Framework, Best Practices, Report with Options, Direction and Implementation Objectives & Policy Actions Priority Projects Status Notes 2.1 Redevelop the Congress District consistent with vision and master plans 2.1.1 Congress District Redevelopment Plan/Overlay: Vision, Plan Development, Overlay Establishment, Direction and City High Priority 2.1.2 Comprehensive Plan: Review, Update and Adoption Land Development Regulations Review and Revision: Ongoing In-progress Medical Overlay: Establishment Not Started In Economic Development Plan Seacrest Overlay: Establishment Not Started In Economic Development Plan Station Area District Plan: Establishment Not Started In Economic Development Plan Woolbright Corridor Plan: Establishment Not Started In Economic Development Plan College/University Development: Goals/Outcomes, Direction and City Actions Not Started 2.1.3 Strategic Land Acquisition: Identify Parcel, Direction and Funding Top Priority 1.4.2 City Financial Policies: Review and Refinement Goal 2: Strong Local Economy 802 Mall Redevelopment Plan: Vision, Working with Property Owners, Master Plan Development, City Role/Developer Role, Direction and City Actions In-progress Strategic Annexations: Analysis of Impacts, Report with Options, Direction and Implementation In-progress 2.2 Develop Downtown/Cultural District through completion of five major development projects 2.2.1 Downtown Parking Master Plan: Goals/Outcomes, Plan Development, Direction, City Role, and Funding Mechanism Top Priority 2.2.2 Downtown Projects (5): Developer-Driven Permitting and Construction: a. Town Square b. Broadstone c. Village at east Ocean d. The Pierce e. One Ocean Top Priority 2016 CRA Plan: Evaluation and Update (including Boundary Modifications) In Progress Arts/Cultural Center Auditorium Project In-progress Downtown Policing Zone, Downtown Policing Unit, and Downtown Policing Initiatives Implementation: Completion Completion Downtown Stormwater Modeling Evaluation for Downtown Watershed and Heart of Boynton: Completion Completion Hi-Rise Fire Requirements Ordinance: Revision and Adoption, in-progress In-progress TIF Policy: Review and Refinement Not Started LOI Policy Adopted 2.3 Have more job opportunities for our Boynton Beach residents 2.3.1 Build Your Own Business - One-Stop Shop: Goals/Desired Outcomes, Process Review, Best Practices, Report with Options, Direction and Implementation High Priority Business Engagement and Outreach: Ongoing In-progress In Economic Development Plan Business Grants Program: Goals/Outcomes, Best Practices, Report with Options and Funding Mechanism and Direction In-progress In Economic Development Plan Business Liaison Program Development: Best Practices, Report with Options, Direction and City Actions In-progress In Economic Development Plan Business Tax Incentive Policy/Program: Options and Direction Not Started In Economic Development Plan Citywide Economic Development Policy/ Action Plan: Development and Adoption (including City Economic Incentives)Completion In Economic Development Plan Economic Development Marketing Strategy: Ongoing In-progress In Economic Development Plan Minority Businesses Enterprise Program: Development Not Started In Economic Development Plan New Economic Incentive Programs: Report with Options, Direction and Funding Not Started In Economic Development Plan Small Business Grant Program : Ongoing In-progress In Economic Development Plan Workforce Development Initiative: Goals, City Role, Report with Options, Direction and City Actions In-progress In Economic Development Plan Office Space Development: Goals/Outcomes, Plan Development, City Role, Direction and City Actions In-progress In Economic Development Plan 2.3.2 Grocery Store Attraction Strategy: Goal, Direction and City Actions Top Priority 2.4 Have a major university/college/trade school presence in Boynton Beach 2.5 Expand experienced-based entertainment businesses - restaurants, bars, live performances, etc. 2.5.1 Boutique Hotel Strategy: Problem Analysis, Report with Options, Direction and Development Agreement Top Priority 2.5.2 Indoor Entertainment Regulations: Review and Update High Priority 2.6 Develop modem office spaces options - office suites, co- work spaces, Class "A", internet cafes, etc. 2.7 Develop a vibrant Marina District 2.7.1 Waterfront Master Plan Development: Vision, Plan Development, Direction and Adoption High Priority 2.7.2 Marina Development: Goals/Outcomes, Property Identification - Private and Public, Location Determination, Concept Design, Plan Development and Funding Mechanism High Priority Beach Pier: Feasibility Study: Completion, Direction and Funding Mechanism Not Started Inflow and Infiltration Condition Assessment: Completion Completion Private Marina Development: Direction and City Actions Not Started 2.7.3 King Tide Action Plan" Outcomes, Best Practices, Direction and City Actions (including Sea Wall) 803 Objectives & Policy Actions Priority Projects Status Notes 3.1 Have greater ease in mobility within Boynton Beach including East-West connectivity through expand mobility options 3.1.1 Comprehensive Mobility Plan: Goals/ Outcomes, Plan Development, Direction and City Actions, including walking, biking, golf carts, scooters, e-bikes and other mobility options Comprehensive Traffic Management Study/Plan: Assessment, Report with Options and Projects, Direction and Funding Mechanism Not Started 3.2 Upgrade parks, park venues and sports fields 3.2.1 Eco Park Enhancement Project: Upgrade Needs, Invasive Plan Removal, Trail Development, Report with Options, Costs and Funding, Direction and Implementation High Priority Eco Park Development: Award and Construction Not Started 3.2.2 Cemetery Expansion: Goal-More Grave Sites, Property Identification, Funding Mechanism and Direction 3.2.3 Cemetery Long-Term Plan Development: Goals Vision, City Role, Best Practices, Report with Options, Direction and Funding Mechanism 3.2.4 Parks Bond Program: Project Identification, Report with Options, Staff Capacity, Public Input and Timing, Direction and City Actions 3.2.5 Park/Playground Equipment Inventory and Replacement Schedule: Development and Funding Mechanism Top Priority Additional Playground for All Abilities: Direction and Funding Not Started Arts and Cultural Center/Library Outside Building Signage Completion Arts/Cultural Center Auditorium Project In progress Ezell Hester Sports Complex Facility Project: Completion Phase I done Golf Course Maintenance Equipment Replacement: Completion Completion Golf: Invasive Trees Removal: Completion (State Mandate)Completion Little League Park Privacy Wall Project Not Started In Design Little League Park Renovations Project Phase 2 Completion Park Maintenance Enhancement: Service Level Definition, Staffing Needs, Report with Options and Funding, Direction and Implementation In progress Park Ranger Informational Program: Completion Completion Pickleball Court Expansion: Community Need, Locations, Report with Options, Direction and Funding Completion Water Pump for Golf Course Irrigation Repairs: Completions Completion Wi-Fi Added to Parks: Completion Completion Woman’s Club Building Major Upgrade Projects: In progress 3.2.6 Artificial Coral Reef Project: Grant Funding and Completion High Priority 3.2.7 Senior Center Upgrade: Needs Assessment, Report with Options, Costs and Funding, Direction and Implementation “Helping Seniors” Program: Creation Not Started 3.2.8 Stormwater Management and Flooding Reduction Plan: Goals, Plan Development, Project, Funding Mechanism and Direction 3.3 Work with Palm Beach School District to improve the quality of schools and educational programs - goal: "A" rated schools 3.4 Develop a new park/major recreation center in west Boynton Beach 3.4.1 Additional Outdoor Venues for Events and Festivals: Community Needs, Location Options Identification, Report with Options and Funding Mechanism, Direction and Implementation 3.4.2 City Marques Additional/Larger: Goals, Additional Locations, Marque Design, Report with Options, Costs and Funding, Direction and Implementation 3.5 Develop new quality housing options - single family homes, condos, town homes, apartments 3.5.1 City Branding/Marketing Program - Showcasing Boynton Beach: Best Practices, Report with Options, Direction and Funding Mechanism PAL Program Expansion: Next Steps Not Started Boynton Beach Prominent Citizens Recognition and Contributions: Goals/Outcomes, Best Practices, Report with Options, Direction and Program Initiation (OTH) Not Started Homeless Strategy/Action Plan: Goals/Outcomes, Best Practices, Report with Options, Direction, City Role/Partners and City Actions Not Started Boynton Beach Identity and Brand: Definition and Marketing Plan In Progress Goal 3: A Great Place to Live 804 3.6 Becoming a walkable and bike-friendly community 3.6.1 Speed Limits with Palm Beach County: Review, Report and Direction Federal Highway Bike Lanes: Goal – Bike- Friendly Community, Direction and City Actions (with FDOT) Not Started Street and Streetscape Maintenance Enhancement – South of MLK: Outcomes, Report with Options, Costs and Funding, Direction and Implementation (New) In progress Traffic Calming Policy/Projects Completion Objectives & Policy Actions Priority Projects Status Notes 4.1 Have residents feeling safe - any place within Boynton Beach 4.1.1 Comprehensive Street Light Policy and Requirements: Goal - Better Lighting, Policy and Requirements Review, Report with Options, Costs and Funding, Direction and Implementation Plan High Priority Street Lights Replacement Program In progress U.S. 1 Lighting Plan: Report with Options, Direction, Funding and City Actions Not Started 4.1.2 New and Emerging Sports Venues and Programs: Community Needs, Best Practices, Community Needs Assessment, Report with Options, Costs and Funding, Direction and implementation Steps 4.1.3 "Re-Imagining Policing" Project: Development and Implementation (with Robust Training Programs and Incorporating Community Policing Concepts)Top Priority CIT Trained and Certified: Completion Completion ISO Rating Review: Ongoing In progress Neighborhood/HOA Accountability Plan: Direction and City Actions (related to public safety issues/concerns)Not Started Public Safety Dock Project at Oyer Park In progress Radio Tower Replacement In progress 4.1.4 Art Projects in 2023-24: Plan Development and Completion High Priority 4.2 Have welcoming and distinctive entrances to Boynton Beach - "positive first impression" 4.2.1 Entrances Signs Plan: Goals/Outcomes, Design, Locations, Direction and Funding Mechanism High Priority 4.3 Have a low crime rate 4.3.1 Crime Reduction Action Plan: Targeted Goal Definition, Problem Analysis/Root Causes, Report with Options and Action Plan with Steps Top Priority Community Cameras: Ongoing In progress Crime Prevention Through Environmental Design [CPTED) for Boynton Beach: Goals Definition, Best Practices, Report with Options, Costs and Funding, Direction and Implementation Steps Completion School Zone Cameras Implementation: Update Report and Next Steps In progress 4.3.2 Real Time Crime Center Activation: Staffing, Funding and Implementation High Priority 4.3.3 Juvenile Crime Reduction Program: Goals/Outcomes, Best Practices, Direction and City Actions 4.4 Have a clean community- no trash, litter or garbage 4.5 Have attractive medians, streetscapes and landscaping both public and private 4.5.1 Major Corridor Beautification Plan: Goals/Outcomes, Report with Options, Direction and City Actions High Priority 4.5.2 City Mural Policy and Programs: Goals Definition, Best Practices, City Role, Report with Options, Direction and Implementation Steps 4.5.3 Beautification Division Creation: Direction, Funding, Mission Definition and Work Program for 1st Year Top Priority Art Projects in 2023-24: Plan Development and Completion Abandoned Community Planting Program: Ongoing In progress Holiday Light Electrical Outlets: Outcomes, Options, Direction, Funding and Installation Not Started Neighborhood Beautification Project: Goals/Outcomes, Best Practices, Report with Options, Direction and Funding In progress Power Pole Color – Teal: Goals, City Role, Direction and City Next Steps Not Started Undergrounding Utilities: Goals Definition, Plan with Costs Development, Funding Mechanism and Direction Not Started 4.5.4 Comprehensive City Beautification Plan Development: Goals/Outcomes, Best Practices, Report with Options - Projects/Programs, Costs and Funding, Direction and Implementation Steps Top Priority Goal 4: A Safe, Clean and Attractive Community 805 Bus Stops with Trash Cans: Goal, Report with Options, Direction, Funding and Implementation Not Started Clean Sidewalk Program: Ongoing In progress Community Cleanup Program: Ongoing In progress Lien Amnesty Program: Development Not Started 806 25-01219- IG CODING: Words in strike through type are deletions from the existing law; Words in underscore type are additions. Page 1 of 14 ORDINANCE NO. 25-016 1 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF 2 BOYNTON BEACH, FLORIDA, REPEALING AND REPLACING CHAPTER 3 15 “OFFENSES-MISCELLANEOUS,” ARTICLE I “IN GENERAL,” SECTIONS 4 15-8 THROUGH 15-8.7 WITH UPDATED REGULATIONS REGARDING 5 NOISE CONTROL; PROVIDING FOR SEVERABILITY; PROVIDING FOR 6 CODIFICATION; PROVIDING FOR CONFLICTS; AND PROVIDING AN 7 EFFECTIVE DATE. 8 9 WHEREAS, Part II “Code of Ordinances,” Chapter 15 “Offenses-Miscellaneous,” Article 10 I “In General,” Sections 15-8 through 15-8.7 of the City’s Code of Ordinances currently regulate 11 noise and sound emissions within the City; and 12 WHEREAS, the City Commission of the City of Boynton Beach, Florida, deems it to be 13 in the best interest of the citizens and residents of the City to update its regulations regarding 14 noise and sound emissions to include construction noise regulations near residential zones; 15 and 16 WHEREAS, the City Commission desires to repeal and replace the existing Sections 15-17 8 through 15-8.7 with updated and more comprehensive regulations; and 18 WHEREAS, the City Commission finds the amendment of Chapter 15 “Offenses-19 Miscellaneous,” Article I “In General,” Sections 15-8 through 15-8.7 of the City’s Code of 20 Ordinances is in the best interest of the citizens and residents of the City of Boynton Beach. 21 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF 22 BOYNTON BEACH, FLORIDA, THAT: 23 Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as 24 being true and correct and are hereby incorporated herein and made a part hereof. 25 Section 2. That Chapter 15 “Offenses-Miscellaneous,” Article I “In General,” Sections 26 15-8 through 15-8.7 of the City’s Code of Ordinances is hereby repealed in its entirety and 27 replaced with the following language: 28 807 25-01219- IG CODING: Words in strike through type are deletions from the existing law; Words in underscore type are additions. Page 2 of 14 29 Sec. 15-8. Purpose and scope. 30 It is the purpose of sections 15-8 through 15-8.7 to prevent, prohibit, and provide for the 31 abatement of excessive and unnecessary noise which may injure the health or welfare or 32 degrade the quality of life of the visitors, citizens, and residents of the City of Boynton Beach. 33 This section shall apply to the control of all sound and noise originating within the limits of this 34 jurisdiction. It is further the intent of this chapter to recognize that factors such as the time of 35 day, location (e.g., proximity to residences), necessity of public projects for the public good, 36 and necessity of sound and noise incidental to allowed uses and activities must be considered 37 in balancing the protection of public peace and individual freedoms. 38 39 Sec. 15-8.1. Definitions. 40 All terminology used in this section shall be as defined herein or, if not defined, given plain 41 meaning by reference to a standard dictionary definition. When interpretation is required by 42 reference to a source more definitive than this code or a dictionary, reference shall first be 43 made to publications of the American National Standards Institute (ANSI): 44 Adjacent. Any receiving property separated by a street, alley, canal, and/or easement that is 45 touched by a line drawn perpendicular from any portion of the property generating the sound. 46 Construction. Any site preparation, assembly, erection, substantial repair, demolition, 47 alteration, or similar action, for or on public or private right-of-way, structures, utilities, or 48 similar property, excluding well pointing. 49 Emergency work. Any work necessary to restore property to a safe condition following a 50 natural disaster or emergency event, work to restore public utilities, or work required to protect 51 person or property from an imminent exposure to danger. 52 808 25-01219- IG CODING: Words in strike through type are deletions from the existing law; Words in underscore type are additions. Page 3 of 14 Enforcement officer. Those employees or other agents of the City, designated by ordinance, 53 or duly authorized and appointed by the City Manager, whose duty is to enforce City Codes. 54 This definition shall include, but not be limited to, law enforcement police officers and code 55 enforcement officers. 56 Legal holidays. Those recognized by the City include New Year's Day, Martin Luther King, Jr. 57 Day, Presidents Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Veterans Day, 58 Thanksgiving Day, the day after Thanksgiving, Christmas Eve, and Christmas Day, or any other 59 legally recognized federal holiday. 60 Noise-sensitive zone. Existing quiet zones until designated otherwise by a competent 61 authority. Noise-sensitive zones include but are not limited to operations of schools, libraries 62 open to the public, courthouses, churches, synagogues, mosques, hospitals, and nursing 63 homes. 64 Plainly audible. A sound capable of being heard by a human being without the assistance of 65 a mechanical or electronic listening or amplifying device. 66 Property line. An imaginary line along the surface and its vertical plane extension that 67 separates the real property owned, rented, or leased by one person from that owned, rented, 68 or leased by another person, excluding intra-building real property divisions. 69 Quiet hours. The time periods during which enhanced noise restrictions apply: 70 Weekdays (Sunday night through Thursday night): 10:00 p.m. to 7:00 a.m.; and 71 Weekends (Friday night and Saturday night): 11:00 p.m. to 8:00 a.m. 72 Receiving property. The land receiving noise or sound as designated by the City zoning map 73 (and for recently incorporated areas, the effective zoning category). 74 Residence. Any occupied room or rooms connected together containing sleeping facilities, 75 including single and multiple-family homes, townhomes, apartments, condominium units, and 76 hotel and motel rooms. 77 809 25-01219- IG CODING: Words in strike through type are deletions from the existing law; Words in underscore type are additions. Page 4 of 14 Sound disturbance. Any sound or noise which is: 78 (1) Plainly audible beyond a distance of twenty-five (25) feet from the apparent property 79 line from which the sound emanates, in a single residential zoning district, or 80 (2) Plainly audible in a dwelling unit adjacent to the unit from which the sound emanates 81 or is plainly audible twenty-five (25) feet from the apparent property line from which 82 the sound emanates, in multi-family residential zoning districts. 83 (3) Plainly audible beyond a distance of one hundred (100) feet from the apparent 84 property line from which the sound emanates when the sound emanates in a 85 commercial zoning district and is heard in a residential zoning district. 86 (4) Plainly audible beyond a distance of one hundred (100) feet from the apparent 87 property line from which the sound emanates when the sound emanates in a public 88 use zoning district and is heard in a residential zoning district. 89 For the purpose of enforcement, it is not necessary to identify the property line as would be 90 depicted on a survey; instead, an approximation of the property line may be used, taking into 91 consideration physical landmarks such as fences, landscaping, setbacks, driveways, or ground 92 treatment. 93 94 Sec. 15-8.2. Enforcement. 95 If a complaint is received for violations of this article, an enforcement officer shall investigate 96 to determine if a violation exists. If the enforcement officer observes a violation of this article, 97 the enforcement officer shall inform the violator that they must immediately cease the violation 98 and will be subject to additional penalties if the violation continues, and issue a notice of 99 violation to the violator as provided in this Code. 100 No citation or notice to appear for a violation of this section shall be issued until a law 101 enforcement officer or code enforcement officer has contacted the property owner, occupant, 102 810 25-01219- IG CODING: Words in strike through type are deletions from the existing law; Words in underscore type are additions. Page 5 of 14 or operator from which the offending sound emanates to request abatement of the offending 103 sound. When a request for abatement is made and the offending sound is not immediately 104 abated, or if it resumes within fifteen (15) minutes following initial abatement, or occurs again 105 within seven (7) days, a citation or notice to appear may issue without additional request for 106 abatement. 107 108 Sec. 15-8.3. Unreasonably loud noise prohibited. 109 (a) General prohibition. Unreasonably loud noise disturbances are prohibited. No person shall 110 unnecessarily make, continue, or cause to be made or continued any sound or noise 111 disturbances. 112 (b) Specific prohibitions. It shall be unlawful for any person to make, continue, or cause to be 113 made or continued any unreasonably loud, excessive, unnecessary, or unusual noise. The 114 following acts, among others, are declared to be unreasonably loud, excessive, unnecessary, or 115 unusual noises in violation of this section, but this enumeration shall not be deemed to be 116 exclusive: 117 (1) Sound reproduction devices. The playing, using, operating or permitting to be played, 118 used or operated, any radio, phonograph or musical instrument, or other machine or device 119 for the producing or reproducing of sound in such a manner or with such volume, that is plainly 120 audible to any person other than the player(s) or operator(s) of the device, and those who are 121 voluntarily listening to the sound, and is plainly audible from a public street, the adjacent lot 122 nearest to the source, or at a distance of twenty-five (25) feet or more during quiet hours. 123 (2) Loudspeakers. Using or operating for any purpose other than those activities specifically 124 exempted in section 15-8.4 below, any loudspeaker, loudspeaker system, or similar device, 125 including sound-emitting devices which may be physically attached to any motor vehicle. 126 811 25-01219- IG CODING: Words in strike through type are deletions from the existing law; Words in underscore type are additions. Page 6 of 14 (3) Street sales. Offering for sale, selling, or advertising for sale by shouting or outcry, anything 127 within any area of the city. 128 (4) Animals. Owning, possessing or harboring any animal, bird or fowl which persistently howls, 129 barks, meows, squawks, bays, cries or otherwise makes noises or sounds which create a noise 130 or sound disturbance or is plainly audible from a public street, and/or from a distance of 131 twenty-five (25) feet and/or from the adjacent lot nearest to the building, structure, or yard in 132 which the animal, bird or fowl is located. A person is responsible for an animal, bird, or fowl if 133 the person owns, controls, or otherwise cares for the animal, bird, or fowl. It shall be an 134 affirmative defense to any charge hereunder that such animal, bird, or fowl was emitting such 135 noise in response to any person's intrusion upon the premises. 136 (5) Loading or unloading. Loading, unloading, opening, closing, or other handling of boxes, 137 crates, containers, building materials, garbage cans, or similar objects during quiet hours in 138 such a manner as to cause a noise or sound disturbance. 139 (6) Construction. Operating or causing the operation of any tools or equipment used in 140 construction, drilling, excavation, clearing, repair, alteration, or demolition work except during 141 the times specified in section 15-8.5, or at any time during Sundays or legal holidays, except as 142 provided for emergency work or with an approved Noise Mitigation Waiver. 143 (7) Fixed mechanical equipment. Operating or causing the operation of fixed mechanical 144 equipment located on real property, including HVAC equipment, motors, engines, pumps, 145 compressors, fans, tools, machinery, and their component parts, or any other similar stationary 146 mechanical devices and their component parts, except as otherwise exempted in section 15-147 8.4. 148 (8) Motorboats. Operating or causing the operation of a motorboat in such a manner as to 149 cause a noise or sound disturbance. 150 812 25-01219- IG CODING: Words in strike through type are deletions from the existing law; Words in underscore type are additions. Page 7 of 14 (9) Human vocal sounds. Yelling, shouting, hooting, whistling, singing, and other vocal sounds 151 in excess of a normal conversational level during quiet hours, so as to create a plainly audible 152 sound across a residential real property line or on a public right-of-way or public property, or 153 that is plainly audible to an occupant of a dwelling unit within a building other than an 154 occupant of the unit from which the sound emanates, that can be heard from a distance of 155 twenty-five (25) feet or more from the source, in noise-sensitive zones. This section is to be 156 applied only to those situations where the disturbance is not a result of the content of the 157 communication but due to the volume, duration, location, timing, or other factors not based 158 on content. 159 (10) Vehicle noise. Operating any automobile, motorcycle, or other motor vehicle that 160 produces excessive noise plainly audible from twenty-five (25) feet or more due to: 161 a. Defective or modified exhaust systems, mufflers, or engine components; 162 b. Worn or damaged mechanical parts causing grinding, rattling, or squealing sounds; 163 c. Overloading that causes abnormal engine strain or mechanical noise; or 164 d. Any other mechanical condition or modification that creates unreasonably loud noise 165 during normal operation. 166 (11) Model vehicles. Operating or permitting the operation of powered model vehicles, either 167 airborne, waterborne, or land borne, which are designed not to carry persons or property, such 168 as, but not limited to, model airplanes, boats, cars, rockets, and which are being propelled by 169 mechanical means, within a public recreation area or park other than those areas specifically 170 designated for such purpose by the City Commission. 171 (12) Noise near sensitive zones. The creation of any sound or noise on any street adjacent to 172 a noise sensitive zone, where those entities defined herein as being part of a noise-sensitive 173 zone are in operation, which is plainly audible within the entity, from a distance of twenty-five 174 813 25-01219- IG CODING: Words in strike through type are deletions from the existing law; Words in underscore type are additions. Page 8 of 14 (25) feet from the noise or sound, and interferes with the operation of the entity, provided 175 conspicuous signs are displayed indicating the presence of a noise-sensitive zone. 176 (13) Horn and signaling devices. The sounding of any horn or signaling device, except as a 177 danger warning, for any unnecessary or excessive period of time, or the reasonable use of any 178 horn or signaling device, in such manner as to cause a noise or sound disturbance. 179 (14) General disturbances. The creation or permitting of any loud or raucous noise or sound 180 so as to disturb the peace, quiet, or comfort of a residence within the immediate or adjacent 181 neighborhood. 182 (15) Vibration. The creation or permitting of any sound or noise that produces a ground 183 vibration, noticeable without instruments, at the lot lines of the property from which the sound 184 or noise emanates, provided there shall be excepted from the provisions of this division the 185 use of pile drivers, back hoes, tampers, ditch diggers, bobcats, road graders, rollers and like 186 equipment used in standard construction during permitted construction hours. The City 187 Manager, or designee, upon receiving complaints for excessive vibrations, may require 188 vibration sensors to be installed and monitored at property lines at the expense of the property 189 owner generating the vibration. 190 (c) Generators - limited exemption. Notwithstanding the foregoing prohibited acts, gasoline 191 or propane-powered generators are permitted during periods of power outage following 192 natural disasters and during maintenance periods. Maintenance operations shall only occur 193 between 8:00 a.m. and 6:00 p.m. on weekdays and only for the minimum amount of time 194 required by the manufacturer, not to exceed one hour per week. Any person using a generator, 195 except during periods of power outage, is subject to the restrictions on noise generation as 196 otherwise outlined in this chapter. 197 198 199 814 25-01219- IG CODING: Words in strike through type are deletions from the existing law; Words in underscore type are additions. Page 9 of 14 Sec. 15-8.4. Exemptions. 200 The following acts and the causing or permitting thereof shall be specifically exempted from 201 the prohibitions of section 15-8.3: 202 (1) Aircraft and transportation. Noise generated by aircraft, interstate railway locomotives, 203 and cars. 204 (2) Emergency activities. Any noise generated as a result of emergency work or for the 205 purpose of alerting the public to the existence of an emergency situation. 206 (3) Domestic equipment. Any noise generated by the operation and use of domestic power 207 tools and lawn maintenance equipment between 7:00 a.m. and 8:00 p.m. on weekdays, 8:00 208 a.m. and 6:00 p.m. on Saturdays, and 10:00 a.m. and 6:00 p.m. on Sundays and legal holidays. 209 (4) Residential HVAC. Noise generated by operating and using air conditioning units in 210 residential districts that are properly maintained and operating within the manufacturer's 211 specifications. 212 (5) Musical instruments. Non-amplified solo musical instrument played by an individual within 213 a private residence between the hours of 9:00 a.m. and 9:00 p.m. 214 (6) Public safety and utilities. Noises and sounds of authorized safety signals, warning 215 devices, and any City vehicle while engaged in necessary public business. 216 (7) Emergency and utility work. Noises and sounds resulting from emergency work, which is 217 to be construed as work made necessary to restore property and/or utilities to a safe condition 218 following a natural disaster or emergency event, or work required to protect persons or 219 property from imminent exposure to danger. This exemption includes noises from emergency 220 communications and utility work following natural disasters or emergency events, and in 221 connection with the restoration of service operations. 222 815 25-01219- IG CODING: Words in strike through type are deletions from the existing law; Words in underscore type are additions. Page 10 of 14 (8) Permitted events. Parades, fireworks displays, special events, and other activities for which 223 a permit has been obtained from the City, within such hours and in accordance with such 224 restrictions as may be imposed as conditions for the permit issuance. 225 (9) Public construction. Municipal, county, or state public works, emergency matters, or 226 matters having an effect on the public health, safety, and welfare of the City, provided such 227 work complies with the construction time limitations in section 15-8.5 or has received approval 228 for extended hours due to public safety necessity. 229 230 Sec. 15-8.5. Construction site noise regulations. 231 (a) General requirements. Construction shall be permitted only during the hours set forth 232 herein. All equipment shall be operated in accordance with the manufacturer's specifications, 233 shall be in good repair, and shall utilize all noise baffling methods specified by the 234 manufacturer. 235 (b) Permitted construction hours: 236 Residential zones: Monday through Friday 7:00 a.m. to 7:00 p.m.; Saturday 8:00 a.m. 237 to 5:00 p.m. 238 Commercial zones: Monday through Friday 7:00 a.m. to 7:00 p.m.; Saturday 8:00 a.m. 239 to 5:00 p.m. 240 All zones: No construction activities on Sundays and legal holidays. 241 (c) Prohibited equipment during restricted hours. The following construction activities may 242 not be operated between 7:00 p.m. and 7:00 a.m. on weekdays, between 5:00 p.m. and 8:00 243 a.m. on Saturdays, and are prohibited on Sundays and legal holidays: 244 1. Any equipment used in construction activity, repair, alteration, or demolition work on 245 buildings, structures, streets, alleys, or appurtenances thereto. 246 816 25-01219- IG CODING: Words in strike through type are deletions from the existing law; Words in underscore type are additions. Page 11 of 14 2. Any pile driver, steam shovel, pneumatic hammer, derrick, or steam or electric hoist. 247 (d) Exemptions: 248 1. Residential homeowners performing ordinary maintenance or home projects are 249 exempt from permits per the Boynton Beach Administrative Amendments to the Florida 250 Building Code, as may be amended from time to time. 251 2. Emergency work as defined in section 15-8.1. 252 253 Sec. 15-8.6. Noise Mitigation Waiver. 254 (a) Application. The City Manager or designee may approve a Noise Mitigation Waiver for 255 construction activities outside permitted hours upon written application demonstrating: 256 1. Exceptional circumstances requiring work outside normal hours; 257 2. Measures to minimize noise impact on surrounding properties; 258 3. Limited duration and scope of work; and 259 4. Public benefit or safety necessity. 260 (b) Conditions. All Noise Mitigation Waiver approvals shall: 261 1. Specify exact hours, dates, and activities authorized; 262 2. Include conditions to minimize noise impact; 263 3. Require notification to affected properties; and 264 4. Be subject to immediate revocation for violations. 265 (c) Limitations. Noise Mitigation Waivers: 266 1. May authorize work as early as 6:00 a.m. Monday through Friday only; 267 817 25-01219- IG CODING: Words in strike through type are deletions from the existing law; Words in underscore type are additions. Page 12 of 14 2. Shall not exceed 30 days total duration; and 268 3. Do not constitute compliance for violations occurring prior to issuance. 269 270 Sec. 15-8.7. Enforcement and penalties. 271 (a) Jurisdiction. The City’s Special Magistrate shall have jurisdiction to hear and decide cases 272 in which violations of this chapter are alleged; or 273 (b) Code enforcement. The City may enforce the provision of this Code by Code of Ordinance 274 enforcement procedures as provided by Chapter 162, Part 2, Florida Statutes; or 275 (c) Citation penalties. The City may prosecute violations by issuance of notices to appear for 276 violation of a City Ordinance, in which case, the penalty for a violation shall be as follows: 277 1. First violation - $100.00 278 2. Second violation within twelve (12) months of adjudication of first violation - $250.00 279 3. Third violation within eighteen (18) months of adjudication of first violation - $500.00 280 Each calendar day on which a violation exists shall constitute a separate violation for the 281 purpose of determining the fine. 282 (d) Nuisance action. A violation of this Article may be prosecuted as a nuisance. The City 283 Attorney may bring suit on behalf of the City, or any affected citizen may bring suit in his or 284 her name against the person or persons causing or maintaining the violation, or against the 285 owner/agent of the building or property on which the violation exists. 286 (e) Criminal enforcement. Violations of this Article may be enforceable by arrest. 287 (f) Joint liability. For the purpose of this section, any person owning or having responsibility 288 for management of a business premises, any performer or disc jockey producing sound upon 289 any business premises, any person playing, producing, or controlling music or other sound, any 290 person having control of the volume of music or sound, and the business as named on the 291 818 25-01219- IG CODING: Words in strike through type are deletions from the existing law; Words in underscore type are additions. Page 13 of 14 business tax receipt where the music or sound is emanating may be jointly and severally liable 292 for compliance with this Article. 293 294 Section 3. It is the intention of the City Commission of the City of Boynton Beach, 295 and it is hereby ordained that the provisions of this Ordinance shall become and be made a 296 part of the Code and Ordinances of the City of Boynton Beach, Florida, and that Sections of this 297 Ordinance may be renumbered, re-lettered and the word “Ordinance” may be changed to 298 “Section,” “Article,” or such other word or phrase in order to accomplish such intention.. 299 Section 4. All Ordinances or parts of Ordinances, Resolutions, or parts of Resolutions 300 in conflict herewith be, and the same are hereby repealed to the extent of such conflict. 301 Section 5. If any clause, section, or other part or application of this Ordinance shall 302 be held by any court of competent jurisdiction to be unconstitutional or invalid, such 303 unconstitutional or invalid part or application shall be considered as eliminated and so not affect 304 the validity of the remaining portions or applications remaining in full force and effect. 305 Section 6. This Ordinance shall become effective immediately upon passage. 306 307 [SIGNATURES ON FOLLOWING PAGE] 308 309 819 25-01219- IG CODING: Words in strike through type are deletions from the existing law; Words in underscore type are additions. Page 14 of 14 FIRST READING this _____ day of _________________, 2025. 310 SECOND, FINAL READING AND PASSAGE this _____day of __________, 2025. 311 312 CITY OF BOYNTON BEACH, FLORIDA 313 YES NO 314 315 Mayor – Rebecca Shelton _____ _____ 316 317 Vice Mayor – Woodrow L. Hay _____ _____ 318 319 Commissioner – Angela Cruz _____ _____ 320 321 Commissioner – Thomas Turkin _____ _____ 322 323 Commissioner – Aimee Kelley _____ _____ 324 325 VOTE ______ 326 327 328 329 ATTEST: 330 331 _____________________________ ______________________________ 332 Maylee De Jesús, MPA, MMC Rebecca Shelton 333 City Clerk Mayor 334 335 APPROVED AS TO FORM: 336 (Corporate Seal) 337 338 _______________________________ 339 Shawna G. Lamb 340 City Attorney 341 342 343 820 Page 1 of 3 Business Impact Estimate This form should be included in the agenda packet for the item under which the proposed ordinance is to be considered and must be posted on the City’s website by the time notice of the proposed ordinance is published. Proposed ordinance’s title/reference: This Business Impact Estimate is provided in accordance with section 166.041(4), Florida Statutes. If one or more boxes are checked below, this means the City is of the view that a business impact estimate is not required by state law1 for the proposed ordinance, but the City is, nevertheless, providing this Business Impact Estimate as a courtesy and to avoid any procedural issues that could impact the enactment of the proposed ordinance. This Business Impact Estimate may be revised following its initial posting. Applicable Exemptions: ☐ The proposed ordinance is required for compliance with Federal or State law or regulation; ☐ The proposed ordinance relates to the issuance or refinancing of debt; ☐ The proposed ordinance relates to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget; ☐ The proposed ordinance is required to implement a contract or an agreement, including, but not limited to, any Federal, State, local, or private grant or other financial assistance accepted by the municipal government; ☐ The proposed ordinance is an emergency ordinance; ☐ The ordinance relates to procurement; or ☐ The proposed ordinance is enacted to implement the following: a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and municipal planning, and land development regulation, including zoning, development orders, development agreements and development permits; 1 See Section 166.041(4)(c), Florida Statutes. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REPEALING AND REPLACING PART II, “CODE OF ORDINANCES,” CHAPTER 15 “OFFENSES- MISCELLANEOUS,” ARTICLE I “IN GENERAL,” SECTIONS 15-8 THROUGH 15-8.7 WITH UPDATED REGULATIONS REGARDING NOISE CONTROL; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; AND PROVIDING AN EFFECTIVE DATE. 821 Page 2 of 3 b. Sections 190.005 and 190.046, Florida Statutes, regarding community development districts; c. Section 553.73, Florida Statutes, relating to the Florida Building Code; or d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code. In accordance with the provisions of controlling law, even notwithstanding the fact that an exemption noted above may apply, the City hereby publishes the following information: 1. A summary of the proposed ordinance (must include a statement of the public purpose, such as serving the public health, safety, morals, and welfare): Chapter 15 “Offenses-Miscellaneous,” Article I “In General,” Sections 15-8 through 15- 8.7 of the City’s Code of Ordinances currently regulates noise and sound emissions within the City. The City Commission of the City of Boynton Beach, Florida, deems it to be in the best interest of the citizens and residents of the City to update its regulations regarding noise and sound emissions to include construction noise regulations near residential zones. 2. An estimate of the direct economic impact of the proposed ordinance on private, for - profit businesses in the City, if any: (a) An estimate of direct compliance costs that businesses may reasonably incur if the ordinance is enacted: NONE (b) Any new charge or fee imposed by the proposed ordinance or for which businesses will be financially responsible: NONE (c) An estimate of the City’s regulatory costs, including estimated revenues from any new charges or fees to cover such costs. NONE 3. Good faith estimate of the number of businesses likely to be impacted by the proposed ordinance: Construction companies operating within the City of Boynton Beach may be impacted by the proposed ordinance. 4. Additional information the governing body deems useful (if any): 822 Page 3 of 3 NONE 823 Created: 2025-06-13 12:18:56 [EST] (Republication) Page 1 of 10 Sec. 15-8. Noise Control-Short title. Sections 15-8 through 15-8.8 shall be known and may be cited by the short title of "City of Boynton Beach Noise Control Ordinance." (Ord. No. 85-16, § 2, 3-19-85; Ord. No. 11-003, § 2, 2-15-11) Editor's note(s)—Ord. No. 85-16, §§ 1, 2, adopted Mar. 19, 1985, provided for the repeal of §15 -8, noise, and enacted in lieu thereof new provisions relative to the same subject matter, designated as §§ 15 -8—15-8.8 to read as herein set out. Formerly, § 15-8 was derived from the 1958 Code, § 17-22.2, and Ord. No. 82-12, § 1, adopted May 18, 1982. Sec. 15-8.1. Same-Purpose and space. It is the purpose of sections 15-8 through 15-8.9 to prevent, prohibit and provide for the abatement of excessive and unnecessary noise which may injure the health or welfare or degrade th e quality of life of the citizens and residents of the City of Boynton Beach. This section shall apply to the control of all sound and noise originating within the limits of this jurisdiction. It is further the intent of this chapter to recognize that fact ors such as the time of day, location (e.g. proximity to residences), necessity of public projects for the public good, and necessity of sound and noise incidental to allowed uses and activities must be considered in balancing the protection of public peace and individual freedoms. (Ord. No. 85-16, § 2, 3-19-85; Ord. No. 11- 003, § 2, 2-15-11; Ord. No. 18-033, § 2, 12-4-18) Note(s)—See the editor's note following § 15-8. Sec. 15-8.2. Same-Terminology and standards. All terminology used in this section shall be as defined herein or, if not defined, given plain meaning by reference to common dictionary definition. When interpretation is required by reference to a source more definitive than this Code or a dictionary, reference shall first be made to publications of the American National Standards Institute (ANSI): A-weighted sound level. The sound pressure level in decibels as measured on a sound level meter using the A-weighted network. The level so read is designated dBA. Apparent property line. The line along the surface, and its vertical plane extension, which separates one (1) lot or parcel of property from another. Construction. Any site preparation, assembly, erection, substantial repair, alteration or similar action, but excluding demolition, for or on public or private right-of-way, structures, utilities or similar property, and excluding well pointing. Decibel (dB). A unit for measuring the volume of sound or noise, equal to twenty (20) times the logarithm to the base ten (10) of the ratio of the pressure of the sound or noise measured to the reference pressure, which is twenty (20) micropascals (twenty (20) micro-newtons per square meter). Demolition. Any dismantling, intentional destruction or removal of structures, utilities, public or private right - of-way surfaces or similar property. Emergency. Any occurrence or set of circumstances involving actual or eminent physical trauma or property damage which demands immediate action. 824 Created: 2025-06-13 12:18:56 [EST] (Republication) Page 2 of 10 Emergency vehicle. A motor vehicle used in response to a public emergency or to protect persons or property from imminent danger. Emergency work. Any work necessary to restore property to a safe condition following a public calamity, work to restore public utilities, or work required to protect person or property from an imminent exposure to danger. Equivalent. The level of a constant sound, which in a given situation and time period, has the same sound energy as does a time varying sound. Impulse noise. A discrete noise or series of such noises of short duration (generally less than one (1) second) in which the sound pressure level rises very quickly to a high before decaying to the background level. E xamples of sources of impulse noise, includes explosions and the discharge of firearms. L10 sound level. The sound level exceeded for more than ten (10) percent of a measurement period which for the purposes of sections 15-8 through 15-8.9 shall not be less than ten (10) minutes. LMAX. The maximum A-weighted sound level for a given event. Legal holidays. Those recognized by the City include New Year's Day, Martin Luther King, Jr. Day, Presidents Day, Memorial Day, Independence Day, Labor Day, Veterans Da y, Thanksgiving Day, day after Thanksgiving, Christmas Eve, and Christmas Day or any other legally recognized holiday. Maximum sound level. The greatest A-weighted sound level reading obtained when measuring a source of sound during a designated time interval using the fast meter exponential integration time. Micropascal. The international unit for pressure, analogous to pounds per square i nch in English units; one (1) microPascal is one millionth of a Pascal; the reference pressure used for airborne sound is twenty (20) microPascals. Motorboat. Any boat or vessel propelled or powered by machinery whether or not such machinery is the principal source of propulsion; including but not limited to boats, barges, amphibious craft, water-ski towing devices, jet skis and hover craft. Motorized equipment. Any self-propelled vehicle, such as, but not limited to, passenger cars, trucks, truck trailers, semi-trailers, campers, motorcycles, mini-bikes, go-carts, gopeds, dune buggies, all-terrain vehicles or racing vehicles which are propelled by mechanical power. Multifamily dwelling. A building or other shelter that has been divided into separate units to house more than one (1) family. Noise. For the purposes of this chapter, noise is any sound that is in violation of any provision of this chapter. Noise disturbance. Any sound or noise, in quantities which are plainly audible and may be potentially harmful or injurious to human health or welfare, animal or plant life, or property, or unnecessarily interfere with the enjoyment of life or property, including outdoor recreation. Any plainly audible noise which is so harsh, prolonged, unnatural, or unusual in time or place as to occasion discomfort to any persons within the neighborhood and/or adjacent neighborhood(s) from which said noises emanate, or as to interfere with the peace and comfort of neighbors or their guests, or operators or customers in places of business, or as to negatively affect such residences or places of business. Noise sensitive zone. Existing quiet zones until designated otherwise by a competent authority. Noise sensitive zones include but are not limited to operations of schools, libraries open to public, churches, synagogues, mosques, hospitals, residential zones (after 11:00 p.m.), and nursing homes. Octave band sound level. The unweighted sound pressure level in the specified octave band. Person. Any natural person, individual, association, partnership, corporation, municipality, governmental agency, business trust, estate, trust, two (2) or more persons having a joint or common interest or any other legal 825 Created: 2025-06-13 12:18:56 [EST] (Republication) Page 3 of 10 entity including any officer, employee, department, agency, or instrumentality of the United States, a state or any political subdivision of a state or any other entity whatsoever of any combination of such, jointly or severally. Plainly audible. A sound which is capable of being heard by a human being without the assistance of a mechanical or electronic listening or amplifying device. Powered model vehicle. Any self-propelled airborne, waterborne or landborne plane, vessel or vehicle which is not designed to carry persons, including but not limited to any model airplane, boat, car or rocket. Private right-of-way. Any street, avenue, boulevard, highway, sidewalk, bike path, or alley, or similar place, which is not owned or controlled by a governmental entity. Public right-of-way. Any street, avenue, boulevard, highway, sidewalk or alley or similar place normally accessible to the public which is owned or controlled by a governmental entity. Public space. Any real property or structures thereon normally accessible to the public. Pure tone. Any sound which can be distinctly heard as a single pitch or a set of single pitches. For the purpose of measurement, a pure tone shall exist if the one -third (⅓) octave band sound pressure level in the band with the tone exceeds the arithmetic average of the sound pressure levels of the two (2) contiguous one -third (⅓) octave bands by five (5) dB for center frequencies of five hundred (500) Hz and above and by eight (8) dB for center frequencies between one hundred sixty (160) and four hundred (400) Hz and by fifteen (15) dB for center frequencies less than or equal to one hundred fifteen (115) Hz. Real property line. An imaginary line along the surface, and its vertical plane extension, which separates the real property owned, rented or leased by one (1) person from that owned, rented or leased by another person, excluding intra-building real property divisions. Receiving land use. The land, which is receiving the noise or sound as designated by the City zoning map (and for recently incorporated areas, the effective zoning category). Residential. A parcel of land whose use is designated to provide only permanent housing and excluding all tourist accommodations which includes but is not limited to hotels, motels, apartme nt hotels, etc. RMS sound pressure. The square root of the time averaged square of the sound pressure. Sound. An oscillation in pressure, stress, particle displacement, particle velocity or other physical parameter, in a medium with internal forces. The description of sound may include any characteristic of such sound including duration, intensity and frequency. Sound disturbance. Any sound or noise which is: (a) Plainly audible beyond a distance of twenty -five (25) feet or further from the apparent property line from which the sound emanates, in a single residential zoning district, or (b) Plainly audible in a dwelling unit adjacent to the unit from which the sound emanates or is plainly audible twenty-five (25) feet or further from the apparent property line from which the sound emanates, in multi-family residential zoning districts. (c) Plainly audible beyond a distance of one hundred (100) feet or further from the apparent property line from which the sound emanates when the sound emanates in a commercial zoning district and is heard in a residential zoning district. (d) Plainly audible beyond a distance of one hundred (100) feet or further from the apparent property line from which the sound emanates when the sound emanates in a public use zoning d istrict and is heard in a residential zoning district. 826 Created: 2025-06-13 12:18:56 [EST] (Republication) Page 4 of 10 For purpose of enforcement, it is not necessary to specifically identify the property line as would be depicted on a survey, rather an approximation of the property line may be used taking into consid eration physical landmarks such as fences, landscaping, setbacks, driveways, or ground treatment. Sound level. The weighted sound pressure level obtained by the use of a metering characteristic and weighting A, B, or C as specified in American National Standards Institute specification for sound level meters, ANSI S1.4-1971, or in successor publications. If the weighing employed is not indicated, the A -weighting shall apply. Sound level meter. An instrument which includes a microphone, amplifier, RMS detector, integrator or time averager, output meter and weighing networks used to measure sound pressure levels. The output meter reads sound pressure levels when properly calibrated, and the instrument is of Type 2 or better, as specified in the American National Standards Institute Publication S1.4-1971, or its successor publications. Sound pressure. The instantaneous difference between the actual pressure and the average or barometric pressure at a given point in space, as produced by the presence of sound energy. Sound pressure level. Twenty (20) times the logarithm to the base ten (10) of the ratio of the RMS sound pressure to the reference pressure of twenty (20) micropascals (2 x 10 6 N/m2 ). The sound pressure level is denoted Lp or SPL and is expressed in decibels. Use. Any activity, event, operation or facility which creates noise. Weekday. Any Monday through Friday (at 6:00 p.m.) which is not a legal holiday as defined herein. Weekend. Any Saturday or Sunday (until 8:00 p.m.). (Ord. No. 85-16, § 2, 3-19-85; Ord. No. 86-3, § 1, 3-4-86; Ord. No. 11-003, § 2, 2-15-11; Ord. No. 18-033, § 2, 12-4- 18) Sec. 15-8.3. Same-Program administration. (a) The noise and sound control program established by sections 15-8 through 15-8.9 shall be administered by the City Manager, or his/her designee, of the City of Boynton Beach, Florida. (b) For the purposes of section 15-8.9 and its enforcement, municipal employees or officials engaged in the measurement of noise or sound, assessing compliance with such sections, making recommendations for noise and sound abatement, issuing noise and sound violations citations, or giving evidence regarding nois e and/or sound violations shall have received formalized training on these subjects from institutions or organizations of recognized ability and experience in environmental acoustics and noise and sound control. (Ord. No. 85-16, § 2, 3-19-85; Ord. No. 86-3, § 2, 3-4-86; Ord. No. 89-16, § 1, 6-20-89; Ord. No. 11- 003, § 2, 2-15- 11; Ord. No. 18-033, § 2, 12-4-18) Note(s)—See the editor's note following § 15-8. Sec. 15-8.4. Same-Inspections. Upon presentation of proper credentials, the City Manager or his/her designee, may enter and/or inspect any private property, place, report or records at any time when granted permission by the owner, or some other person with apparent authority to act for the owner. When permission is refused or cannot be obtained, a search warrant may be obtained from a court of competent jurisdiction upon showing of probable cause to believe that a violation of sections 15-8 through 15-8.9 may exist. Such inspection may include administration of any necessary tests. (Ord. No. 85-16, § 2, 3-19-85; Ord. No. 11-003, § 2, 2-15-11; Ord. No. 18-033, § 2, 12-4-18) 827 Created: 2025-06-13 12:18:56 [EST] (Republication) Page 5 of 10 Note(s)—See the editor's note following § 15-8. Sec. 15-8.5. Sound and noise control—Prohibited acts. No person shall make, continue or cause to be made any noise or sound disturbance. The making of noise or sound in violation of this chapter shall constitute prima facie evidence of a noise and/or sound disturbance. (a) Sound or noise disturbances prohibited. No person shall unnecessarily make, continue or cause to be made or continued any sound or noise disturbances. (b) Specific prohibitions. The following acts, which enumeration shall not be deemed to be exclusive, and the causing or permitting thereof in such a manner as to create a noise or sound disturbance across a residential or commercial real property line, or within a noise sensitive zone, or at any time in violation of the provisions of section 15-8.8, are hereby declared to be a violation: (1) The playing, using, operating or permitting to be played, used or operated, any r adio, phonograph or musical instrument, or other machine or device for the producing or reproducing of sound in such a manner or with such volume, that is plainly audible to any person other than the player(s) or operator(s) of the device, and those who ar e voluntarily listening to the sound, and is plainly audible from a public street, the adjacent lot nearest to the source, or at a distance of twenty-five (25) feet or more, particularly during the hours between 11:00 p.m. and 7:00 a.m. (2) Loudspeakers. Using or operating for any purpose other than those activities specifically exempted in section 15-8.6(d) below, any loudspeaker, loudspeaker system or similar device, including sound emitting devices which may be physically attached to any motor vehicle. (3) Street sales. Offering for sale, selling or advertising for sale by shouting or outcry, anything within any area of the City. (4) Animals. Owning, possessing or harboring any animal, bird or fowl which persistently howls, barks, meows, squawks, bays, cries or otherwise makes noises or sounds which create a noise or sound disturbance or is plainly audible from a public street, and/or from a distance of twenty-five (25) feet and/or from the adjacent lot nearest to the building, structure, or yard in which the animal, bird or fowl is located. A person is responsible for an animal, bird or fowl if the person owns, controls, or otherwise cares for the animal, bird or fowl. It shall be an affirmative defense to any charge hereunder that such animal, bird or fowl was emitting such noise in response to an intrusion upon the premises by any person. (5) Loading or unloading. Loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials, garbage cans, or similar objects in such a manner as to cause a noise or sound disturbance. (6) Construction. Operating or causing the operation of any tools or equipment used in construction, drilling, excavation, clearing, repair, alteration or demolition work on weekdays during the times specified in section 15-8.8, or at any time during Sundays or legal holidays. (7) Fixed mechanical equipment. Operating or causing the operation of fixed mechanical equipment located on real property including HVAC equipment, motors, engines, pumps, compressors, fans, tools, machinery, and its component parts, or any other similar stationary mechanical devices and their component parts except as otherwise exempted in section 15-8.6(f). (8) Motorboats. Operating or causing the operation of a motorboat in such a manner as to cause a noise or sound disturbance. (9) Yelling, shouting, hooting, whistling, singing, and other vocal sounds in excess of a normal conversational level, any of which occurs between the hours of 11:00 p.m. and 7:00 a.m., so as to 828 Created: 2025-06-13 12:18:57 [EST] (Republication) Page 6 of 10 create a plainly audible sound across a residential real property line or on a public right -of-way or public property, or that is plainly audible to an occupant of a dwelling unit within a building other than an occupant of the unit from which the sound emanates, that can be heard from a distance of twenty-five (25) feet or more from the source, particularly in noise-sensitive zones. This section is to be applied only to those situations where the disturbance is not a result of the content of the communication but due to the volume, duration, location, timing or other factors not based on content. (10) The use of any automobile, motorcycle or vehicle so out of repair, so loaded or in such a manner as to cause loud grating, grinding, rattling or other noise that is plainly audible from a distance of twenty-five (25) feet or more. (11) Operating or permitting the operation of powered model vehicles, either airborne, waterborne, or landborne, which are designed not to carry persons or property, such as, but not limited to, model airplanes, boats, cars, rockets, and which are being propelled by mechanical means, within a public recreation area or park other than those areas specifically designated for such purpose by the City Commission. (12) The creation of any sound or noise on any street adjacent to a noise sensitive zone, where those entities defined herein as being part of a noise-sensitive zone are in operation, which is plainly audible within the entity, from a distance of twenty-five (25) feet from the noise or sound, and interferes with the operation of the entity, provided conspicuous signs are displayed in such streets indicating that the same is a school, hospital or court street. (13) The sounding of any horn or signaling device, except as a danger warning, for any unnecessary or an excessive period of time or the reasonable use of any horn or signaling device, in such manner as to cause a noise or sound disturbance. (14) The creation or permitting of any loud or raucous noise or sound so as to disturb the peace, quiet or comfort of a residence within the immediate or adjacent neighborhood. (15) Vibration. The creation or permitting of any sound or noise that produces a ground vibration, noticeable, without instruments, at the lot lines of the property from which the sound or noise emanates, provided there shall be excepted from the provisions of this division the use of pile drivers, back hoes, tampers, ditch diggers, bobcats, road graders, rollers and like equipment used in standard construction between the hours of 7:30 a.m. to 6:00 p.m. of any day. (c) Generators - exemption. Notwithstanding the foregoing prohibited acts, the use of gasoline or propane powered generators is permitted during periods of power outage following natural disasters and during periods of maintenance. Operation for purposes of maintenance of the generator shall only occur during daylight hours on weekdays and only for the minimum amount of time required by the manufacturer. Any person using a generator, except during periods of power outage, is subject to the restrictions on noise generation as otherwise set forth in this chapter. (Ord. No. 85-16, § 2, 3-19-85; Ord. No. 86-3, § 3, 3-4-86; Ord. No. 89-23, § 1, 9-19-89; Ord. No. 91-8, § 3, 2-19-91; Ord. No. 06-058, § 2, 7-5-06; Ord. No. 11-003, § 2, 2-15-11; Ord. No. 18-033, § 2, 12-4-18) Note(s)—See the editor's note following § 15-8. Sec. 15-8.6. Same-Exemptions. The following acts and the causing or permitting thereof shall be specifically exempted from the prohibitions of section 15-8.5. 829 Created: 2025-06-13 12:18:57 [EST] (Republication) Page 7 of 10 (a) Motor vehicles. Operating motor vehicle noise enforcement procedures shall be as established in F.S. Chapter 316, and applicable rules and regulations of the Department of Highway Safety and Motor Vehicles, provided however, that this exemption shall not apply to any sound emitting devices which may be attached to any motor vehicle as prohibited by section 15-8.5(b)(2). (b) Aircraft and interstate railway and locomotives and cars. Noise generated by aircraft and interstate railway locomotives and cars are exempt from these provisions. (c) Emergency activities. Any noise generated as a result of emergency work or for the purpose of alerting the public of the existence of an emergency situation. (d) Public speaking and assembly. Any noise generated by any noncommercial public speaking or public assembly activities conducted pursuant to lawful authority on any public space or right -of-way, including sporting events. (e) Domestic power tools and lawn maintenance equipment. Any noise generated by the operation and use of domestic power tools and lawn maintenance equipment. (f) Fixed mechanical equipment. Noise generated by the operation and use of air conditioning units in residential districts. (g) Nonamplified solo musical instrument played by an individual within a private residence between the hours of 9:00 a.m. and 8:30 p.m. (h) Construction. The foregoing provisions of section 15-8.5(a), (b) and subparagraph (6) of this section shall not apply to municipal, county or state public works, emergency matters or matters having an effect on the public health, safety and welfare of the City in those zoning districts of mixed use, commercial and industrial, and where the noise or sound disturbance across a residential property line would not exceed those sound and noise limits set forth in section 15 -8.8 of this article. (i) Any vehicle of the City while engaged in necessary public business. (j) Noises and sounds of authorized safety signals and warning devices. (k) Noises and sounds resulting from emergency work, which is to be construed as work made necessary to restore property and/or utilities to a safe condition following a public emergency, or work required to protect persons or property from any imminent exposure to danger. This exemption includes noises from emergency communications and utility work following a public calamity and in connection with restoration of service operations. (l) Noises and sounds resulting from community events, including but not limited to, fairs, sporting events, school activities, community festivals, etc. (Ord. No. 85-16, § 2, 3-19-85; Ord. No. 86-3, § 4, 3-4-86; Ord. No. 89-23, § 2, 9-19-89; Ord. No. 01-24, § 1, 6-5-01; Ord. No. 11-003, § 2, 2-15-11; Ord. No. 18-033, § 2, 12-4-18) Note(s)—See the editor's note following § 15-8. Sec. 15-8.7. Same-Penalty for violation. Any person, firm or corporation convicted in a court of competent jurisdiction of a violation of sections 15-8 through 15-8.9 shall be guilty of a misdemeanor of the second degree, punishable by a fine and/or incarceration as provided by law. The City of Boynton Beach Code Compliance Board shall have the authority and jurisdiction to prosecute such offenses. Each complaint of said violation shall be a separate offense. (Ord. No. 85-16, § 2, 3-19-85; Ord. No. 86-3, § 5, 3-4-86; Ord. No. 97- 51, § 2, 11-18-97; Ord. No. 11- 003, § 2, 2-15- 11; Ord. No. 18-033, § 2, 12-4-18) 830 Created: 2025-06-13 12:18:57 [EST] (Republication) Page 8 of 10 Note—See the editor's note following § 15-8. Sec. 15-8.8. Same-Sound levels by receiving land use. (a) Sound and noise limits established. No person shall operate or cause to be operated any source of sound or noise as enumerated in section 15-8.5(b), and unless specifically exempted by section 15-8.6, in such a manner as to create a sound or noise disturbance or an exterior or interior sound level of any origin which exceeds the limits set forth for the receiving land use category in question for more than ten (10) percent of any measurement period which shall not be less than ten (10) minutes when measured at or within the boundaries of a property or within the confines of a building within the receiving land use and as a result of a source of sound being located on some other property. (b) L10 noise and sound level limits. Permissible noise and sound levels for noises or sounds transmitted to receiving land use areas shall not exceed the following limits for L10 sound or noise levels as defined herein. For the purpose of these sound and noise control provisions, such sound or noise levels shall be determin ed using FAST meter responses: Receiving Land Use Emanating Land Use Category Time Level Limit L10 Sound Residential Exterior Sun. - Thurs. 7:00 a.m. - 11:00 p.m. 60 (dB)A L10 Sound Residential Exterior Fri. & Sat. and holidays 11:00 p.m. - 7:00 a.m. 55 (dB)A L10 Sound Residential Exterior Sun. - Thurs. 12:00 a.m. - 7:00 a.m. 55 (dB)A L10 Sound Commercial Exterior At all times 65 (dB)A L10 Sound Residential Interior Sun. - Thurs. 7:00 a.m. to 11:00 p.m. 50 (dB)A L10 Sound Residential Interior Fri. & Sat. and holidays 7:00 a.m. - 12:00 a.m. 50 (dB)A L10 Sound Residential Interior Sun. - Thurs. 12:00 a.m. to 7:00 a.m. 45 (dB)A L10 Sound Commercial Interior At all times 55 (dB)A (c) Maximum sound and noise level limits. The maximum sound and noise level from any applicable sound and noise sources shall not exceed the L10 sound and noise level limits by more than the values listed below: 10 (dB) A from 7:00 p.m. to 11:00 p.m. 5 (dB) A from 11:00 p.m. to 7:00 a.m. (d) Pure tone and impulse noise or sound. For any source of sound or noise which emits a pure tone or an impulse noise or sound, as defined herein, the sound or noise level limits for L10 and maximum sound or noise levels shall be reduced by five (5) (dB) A. 831 Created: 2025-06-13 12:18:57 [EST] (Republication) Page 9 of 10 (e) District boundaries. When a noise or sound source can be identified and its noise or sound can be measured in more than one land use designation, the pressure level limits of the most restrictive use district shall apply at that designation boundary. (f) The burden shall be on any person contesting the equivalent sound levels to establish the actual equivalent sound or noise level by clear and convincing evidence. (Ord. No. 85-16, § 2, 3-19-85; Ord. No. 85-45, Attach. (b), 8-20-85; Ord. No. 86-3, § 6, 3-4-86; Ord. No. 86-14, § 1, 8-19-86; Ord. No. 11-003, § 2, 2-15-11; Ord. No. 18-033, § 2, 12-4-18) Note(s)—See the editor's note following § 15-8. Sec. 15-8.9 Same- Measurement of noise and sound. In determining whether a violation of this section has occurred, the complaint of noise shall be measured by the code enforcement division or Police Department according to the following plainly audible standard: (a) The primary means of measurement shall be by ordinary, auditory senses of a reasonable person with normal sensitivities, so long as any mechanical device does not enhance their hearing, such as a microphone or hearing aid. (b) The measurement shall be taken on, or as near as possible to the real property line of the property upon which the sound or noise source is located, and in any event from a location not less than twenty - five (25) feet from the source measured in a straight line. (c) When applicable, sound and noise shall be measured with a sound level meter. The sound or noise level shall be measured at a distance no closer to the point from which the sound or noise in question is emanating than the property line of the parcel or lot from which the sound or noise is emanating or through partitions common to two (2) parties within a building. (d) A measurement period shall not be less than ten (10) minutes in duration. The sound or noise b eing measured shall be representative of the sound or noise which instigated the complaint. (e) A measurement shall be recorded so as to secure and ensure an accurate representation of the sound or noise. (f) A measurement shall be taken at approximately five (5) feet above the ground or water surface away from any obstruction or reflecting surface. (g) When necessary, a microphone windscreen shall be required to avoid wind noise biasing of a measurement. (h) All manufacturers' directions on the operation of the sound level meter shall be followed (e.g. proper microphone angle). (i) All sound level meters used for measurement shall be in conformance with ANSI section 1.4 -1983, as amended. (j) All octave and third octave band filter sets of the sound level meter shall be in conformance with ANSI section 1.11-1976, as amended. (k) Instrumentation for sound level measurements may be class 1 or class 2 (ANSI section 1.4 -1971), as amended. (l) Measurements of sound and noise shall be made by individuals tr ained in a noise or sound measurement program approved by the county or other training facility. (Ord. No. 18-033, § 2, 12-4-18) 832 Created: 2025-06-13 12:18:57 [EST] (Republication) Page 10 of 10 833 Meeting Minutes City Commission Boynton Beach, Florida February 18, 2025 7C. Proposed Resolution No. R25-050- Award of Task Order No. GESCM- 2J-02-25 and approve a budget amendment to appropriate the funds for Craven Thompson Associates as the next pre-qualified vendor for the Preliminary Design of South Seacrest streetscape improvements in the amount of $161 ,170 plus a 10% allowance of$16,117 if needed for staff approval of change orders for unforeseen conditions for a total expenditure of$177,287 based on costs provided by Craven Thompson & Associates. Commissioner Turkin stated that this project has been a long time coming, over 30 years, and asked for a timeline of how we got here. Deputy City Manager Mack spoke about this being a continuation of his very first project when he started with the City. He said that these projects were planned over 20 years ago, and it is exciting to see this one get started. He stated that this will beautify the area and reduce speeding. He mentioned working with the County on this project and incorporating this project into the County's overall plan. Commissioner Turkin stated that he is excited to see this coming, and he praised County Commissioner Marci Woodward for her help in the project. Motion: Commissioner Turkin moved to approve Proposed Resolution No. R25-050. Commissioner Hay seconded the motion. The motion passed unanimously. 10C. Discussion regarding construction hours near residential locations. Heard out of Order) Adam Temple, Assistant City Manager, stated that staff worked with Commissioner Cruz on this analysis, to get ready for this presentation. Pat Hart, Community Standards Supervisor, spoke about eight municipalities that they compared our Code to, in regard to construction hours. Commissioner Cruz thanked staff for doing this research and for coming to the Town Hall meeting in Monterrey. She mentioned that this is complete obstruction of peace and sleep of her constituents. Mr. Hart stated that they have staff checking Monterrey from 6:00 A.M. to 9:00 A.M. to see if anyone does work during those hours, and they are working with the Police as well. Commissioner Cruz stated that citizens have a right to a peaceful home. She asked to have a noise litigation waiver explained. 7 834 Meeting Minutes City Commission Boynton Beach, Florida February 18, 2025 John Kuntzman, Building Director, spoke about the waiver form that was used when City Hall was constructed, and what the rules are with the waiver. He said that for this project, the contractor had the Police on site during a portion of construction, which complied with the regulations. He stated that for another project, they had to have a complaint line, that was available to residents, to keep tabs on it. He spoke about reports that they have had on vibrations in the community. Mayor Penserga asked who owns the vibration censor. Mr. Kuntzman stated that they are provided by a third party. Mayor Penserga said that he would trust it more if the City owned the vibration censor rather than the third party. Commissioner Turkin said that maybe the City could choose a censor vendor. Commissioner Cruz stated that she wants to provide relief to these residents and future residents that are near construction locations. She said that she would like to remove the exemption of any construction after designated working hours, especially related to properties adjacent to residential areas within a certain number of feet. She said that the goal is to figure out the distance from residential homes to the building. Mr. Temple stated that there were a lot of concrete pours needed for this project, and they were trying to remove them from peak hours of traffic. Mr. Kuntzman spoke about the impact of the number of concrete trucks that are lined up to pour concrete for this project, and that shifting it to daytime hours would cause a huge backup in traffic. He mentioned some of the other reasons why they have been conducting concrete pours at night, instead of during the day. Commissioner Cruz said that unfortunately this is causing an issue with residents, and she understands the business side of it. She suggested a change of the hours. Mayor Penserga said that he supported changing the hours and distance from the residences. Commissioner Cruz said that she proposed constructions hours for 8 A.M.-8 P.M. Monday-Friday, 9 A.M.-8 P.M. on Saturday, and none on Sunday. She stated that this would be for any construction within a certain amount of feet of residential areas. Commissioner Hay said that he supports this, because quality of life is more important to him, than construction. He stated that he gets a lot of complaints about this as well. Commissioner Turkin said that he supports this change and suggestion, and that it is important to include the exemption of emergency matters, such as a busted water pipe. 8 835 Meeting Minutes City Commission Boynton Beach, Florida February 18, 2025 He stated that there is a lot of development that is coming, which was approved, so it is important to get ahead of this now. He mentioned that we are here to enable a policy to make necessary changes. Vice Mayor Kelley stated that the timing that she is suggesting is even shorter, 10 A.M. to 4 P.M. She said that she is in support of establishing construction times, and doesn't mind making it a little stricter, for at home quiet times in the evenings. Commissioner Cruz said that she is comfortable with the stricter hours. She asked to allow public comment on this item. City Attorney Lamb stated that we can come up with an Ordinance with this direction and have public hearings at that time. Commissioner Turkin stated that he doesn't mind opening up to comments. He asked if the cities we compared to have a separate noise ordinance. Assistant City Manager Temple responded that they did, and mentioned that the City has a citywide noise ordinance, with a construction portion. Dan Dugger, City Manager, said that it goes to midnight on the weekends, and spoke about the allowed decibels. He mentioned that if it is after hours, the Police will go there and check the decibel levels and report to Community Standards. Commissioner Turkin asked to make the noise ordinance stricter as well, because this should be updated. He mentioned that he would like a complete a code overhaul. Mayor Penserga asked if the City should make a separate Ordinance for construction hours. City Attorney Lamb stated our that Code of Ordinances is all over the place, and it is very expensive to do an overhaul, but she will determine if they need a completely new ordinance or not. She stated that the next meeting is March 18, which is after a new Board is sworn in. Commissioner Hay asked if we have measured the decibel levels at Monterrey. Mr. Hart stated that they have during the day, and it has measured to be in line with what is allowed. He spoke about the rules of how they measure decibel levels. Commissioner Hay said that he is okay with allowing Public Comments. Vice Mayor Kelley said that she doesn't want to set a precedent to allow Public Comment for this, when they already spoke during Public Audience. She stated that if we come back with an ordinance, it would allow for public comment. 9 836 Meeting Minutes City Commission Boynton Beach, Florida February 18, 2025 Commissioner Hay said that he understands, but would like to know which end of the spectrum is the most problematic. He mentioned that they can make an exception. City Attorney Lamb stated that this is a discussion item and that they can have a Public Comment portion when they come back with an Ordinance. Mayor Penserga said that the majority of the Board has decided to allow Public Comment. Beth Stanzone, Monterrey resident, stated that most recently, they had very loud pounding, and that she had to go try to talk to the construction company to mitigate the noise issue. She said that they have pieces of construction that over exceeds the decibel levels, it is not all the time. Amelia stated that this has been going on for eight months, and that they need help sooner than later. She said that they need some kind of relief today, not later. Mayor Penserga stated that direction has been given to staff. Assistant City Manager Temple clarified the direction that was given to staff for a Code change. Commissioner Cruz said that the purpose is to not allow construction to happen after 8 P.M., and removing the exception. Commissioner Turkin stated that he is okay to come back to for a special meeting if they need it. Mayor Penserga said that this is a draft. Commissioner Cruz said that it should only be when it is adjacent to residential areas, not for other areas. Commissioner Turkin said that the Board should be able to make changes, but without causing an issue where it doesn't affect residents. Commissioner Cruz reiterated her direction and said that this is very specific in the Code. 8. Public Hearing Commissioner Turkin left the dais at 7:33 P.M. Commissioner Cruz said regarding Items 8A that she has not had any ex-parte communication, has not received written communication, has not conducted an 10 837 234838 06/18/2025 | 9:38 AM EDT 06/18/2025 | 9:38 AM EDT 235839 SCALE: F.B. CHECKED: DATE: BY: PG. REVISIONS SHEET: JOB #:AVIROM & ASSOCIATES, INC. SURVEYING & MAPPING 8 OASS B & E O VRIAM STA EHLIS 9D1 1 STEAC I C AVIROM & ASSOCIATES, INC. all rights reserved. This sketch is the property of AVIROM & ASSOCIATES, INC. and should not be reproduced or copied without written permission. 50 S.W. 2nd AVENUE, SUITE 102 BOCA RATON, FLORIDA 33432 (561) 392-2594 / www.AVIROMSURVEY.com SKETCH & DESCRIPTION FOR: 12' UTILITY EASEMENT A PORTION OF RIDGEPOINTE WOODS VILLAS (PLAT BOOK 44, PAGES 92 & 93, P.B.C.R.) CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA 13513 N/A 09/29/2025 M.M.K. N/A N/A 1 OF 3 2025 LAND DESCRIPTION: A portion of RIDGEPOINTE WOODS VILLAS, according to the plat thereof, as recorded in Plat Book 44, Pages 92 and 93, of the Public Records of Palm Beach County, Florida, described as follows: A 12 foot strip of land for a Utility Easement being 6 feet on each side of the following described centerline: COMMENCE at the Northwest corner of said plat, RIDGEPOINTE WOODS VILLAS; thence S00°57'51"W, along the west line of said plat and the east right-of-way of S.W. 3rd Street, 11.00 feet to the POINT OF BEGINNING of said centerline; thence S88°01'49"E, 1203.98 feet; thence S39°11'11"E, 5.65 feet; thence S88°01'49"E, 75.95 feet; thence S43°02'11"E, 29.06 feet; thence S88°01'49"E, 115.97 feet to the east line of said plat, RIDGEPOINTE WOODS VILLAS, the west right-of-way of Seacrest Boulevard and the POINT OF TERMINATION of said centerline. Side lines of said 12 foot Utility Easement are to be prolonged or shortened to coincide with said east and west plat lines of RIDGEPOINTE WOODS VILLAS to form a continuous strip of land. Said lands situate and being in the City of Boynton Beach, Palm Beach County, Florida. SURVEYOR'S NOTES: 1. Reproductions of this Sketch are not valid without the signature and the original seal of a Florida Licensed Surveyor and Mapper. Additions or deletions to this sketch by other than the signing party is prohibited without written consent of the signing party. 2. No Title Opinion or Abstract to the subject property has been provided. It is possible that there are Deeds, Easements, or other instruments (recorded or unrecorded) which may affect the subject property. No search of the Public Records has been made by the Surveyor. 3. The land description shown hereon was prepared by the Surveyor. 4. Bearings shown hereon are relative to the plat, RIDGEPOINTE WOODS VILLAS, based on the west line of plat having a bearing of S00°57'51"W. 5. Data shown hereon was compiled from instrument(s) of record and does not constitute a boundary survey. 6. Abbreviation Legend: = Centerline; F.B. = Field Book; FPL = Florida Power & Light Company; L.B. = Licensed Business; N/A = Not Applicable; O.R.B. = Official Records Book; P.B. = Plat Book; P.B.C.R. = Palm Beach County Records; PG. = Page; P.O.B. = Point of Beginning; P.O.C. = Point of Commencement; P.O.T. = Point of Termination; P.S.M. = Professional Surveyor & Mapper; R/W = Right-of-Way; U.E. = Utility Easement. CERTIFICATION: I HEREBY CERTIFY that the attached Sketch and Description of the hereon described property is true and correct to the best of my knowledge and belief as prepared under my direction. I FURTHER CERTIFY that this Sketch and Description meets the Standards of Practice set forth in Chapter 5J-17, Florida Administrative Code, pursuant to Chapter 472, Florida Statutes. Date: ______________________________________________________ MARISHA M. KREITMAN, P.S.M. Florida Registration No. 6555 AVIROM & ASSOCIATES, INC. L.B. No. 3300 EMAIL: marisha@aviromsurvey.com 09/29/2025 111840 S88°01'49"E 1203.98' P.O.C.S.W. 3rd STREETP.O.B.12' U.E. S88°01'49"E 1203.98'12' U.E. SCALE: F.B. CHECKED: DATE: BY: PG. REVISIONS SHEET: JOB #:AVIROM & ASSOCIATES, INC. SURVEYING & MAPPING 8 OASS B & E O VRIAM STA EHLIS 9D1 1 STEAC I C AVIROM & ASSOCIATES, INC. all rights reserved. This sketch is the property of AVIROM & ASSOCIATES, INC. and should not be reproduced or copied without written permission. 50 S.W. 2nd AVENUE, SUITE 102 BOCA RATON, FLORIDA 33432 (561) 392-2594 / www.AVIROMSURVEY.com SKETCH & DESCRIPTION FOR: 12' UTILITY EASEMENT A PORTION OF RIDGEPOINTE WOODS VILLAS (PLAT BOOK 44, PAGES 92 & 93, P.B.C.R.) CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA 13513 1" = 50' 09/29/2025 M.M.K. N/A N/A 2 OF 3 2025 GRAPHIC SCALE IN FEET 1" = 50'SEE BELOWSEE SHEET 3 OF 3SEE ABOVE112841 S88°01'49"E 1203.98'12' U.E. S39°11'11"E 5.65' S88°01'49"E 75.95'S43°02'11"E29.06'S88°01'49"E 115.97'SEACREST BOULEVARDP.O.T.12' U.E. S88°01'49"E 1203.98' SCALE: F.B. CHECKED: DATE: BY: PG. REVISIONS SHEET: JOB #:AVIROM & ASSOCIATES, INC. SURVEYING & MAPPING 8 OASS B & E O VRIAM STA EHLIS 9D1 1 STEAC I C AVIROM & ASSOCIATES, INC. all rights reserved. This sketch is the property of AVIROM & ASSOCIATES, INC. and should not be reproduced or copied without written permission. 50 S.W. 2nd AVENUE, SUITE 102 BOCA RATON, FLORIDA 33432 (561) 392-2594 / www.AVIROMSURVEY.com SKETCH & DESCRIPTION FOR: 12' UTILITY EASEMENT A PORTION OF RIDGEPOINTE WOODS VILLAS (PLAT BOOK 44, PAGES 92 & 93, P.B.C.R.) CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA 13513 1" = 50' 09/29/2025 M.M.K. N/A N/A 3 OF 3 2025 SEE BELOWSEE SHEET 2 OF 3SEE ABOVEGRAPHIC SCALE IN FEET 1" = 50' 113842