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Agenda 09-09-14
BOYNTON BEACH POLICE OFFICERS' PENSION FUND SPECIAL BOARD MEETING Tuesday, September 9, 2014 @ 10:00 AM Renaissance Commons Executive Suites 1500 Gateway Blvd., Suite #220 Boynton Beach, FL 33426 Revised 9 -9 -2014 AGENDA I. CALL TO ORDER — Toby Athol, Chair II. AGENDA APPROVAL III. APPROVAL OF MINUTES — N/A IV. FINANCIAL REPORTS: - N/A V. CORRESPONDENCE: - N/A VI. OLD BUSINESS: - N/A VII. NEW BUSINESS: A.) Invoices for review and approval: 1. Perry & Jensen — Service August 2014 - $1,993.65 B) New Computer Hardware /Software — Pension Office 1) Update of computer /printer equipment (hardware) 2) Operational software change in vendor VIII. PENSION ADMINISTRATOR'S REPORT _ 1) License Agreement — Renaissance Executive Suites 2) Pension Request — 3) Deferred Vested Benefit — Nancy Aspenleiter 4) Alive & Well — Outstanding — Celestino, King & Linkous IX. PUBLIC COMMENTS: X. ADJOURNMENT: Next Regular Meeting Date — Tuesday, November 18, 2014@ 10:30 a.m. Renaissance Commons If you cannot attend, please call Barbara @ 561- 739 -7972 NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE POLICE OFFICERS' PENSION BOARD WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE /SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE /SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE 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 CITY CLERK'S OFFICE, (561) 742 -6060 AT LEAST TWENTY -FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. S: \CC \WP\JANET\POLICE PENSION FUND.doc 1 THE LAW OFFICES OF PERRY & JENSEN LLC ANN H. PERRY BONNI SPATARA JENSEN aperry©perryjensenlaw.com bsjensen©perryjensenlaw.com • August 26, 2014 Via Email Boynton Beach Police Officers' Pension Fund Toby Athol 1500 Gateway Blvd., Suite 220 Boynton Beach, FL 33426 Re: Legal Services Provided Invoice #72577 Dear Toby: Enclosed please find the Firm's invoice for services rendered for the period that ended 8/15/2014. Thank you for your payment of $5,383.05. Your current balance due is $1,993.65. If you have any questions, please do not hesitate to contact me. Sincerely yours, r v Bonni S. Jensen BSJ /Ig Enclosure Copy to: Barbara LaDue Via Email Only 400 EXECUTIVE CENTER DRIVE, SUITE 207❖ WEST PALM BEACH, FLORIDA 33401 -2922 PH: 561.686.6550 4. Fx: 561.686.2802 coininiverma THE LAW OFFICES OF PERRY & JENSEN, LLC 400 Executive Center Drive Suite 207 West Palm Beach, FL 33401 -2922 Invoice submitted to: Boynton Beach Police Officers' Pension Fund Attn: Chairman 1500 Gateway Blvd., Suite 220 Boynton Beach, FL 33426 Copy to: Barbara LaDue - Via Email August 26, 2014 In Reference To: FOR PROFESSIONAL SERVICES RENDERED AS FOLLOWS: Client / File No.: 0188 Invoice #72577 Professional Services Hrs /Rate Amount Attendance at Trustee Meetings Attendance at Trustee Meetings 8/12/2014 BSJ Attend Meeting 2.50 562.50 Attendance at Trustee Meetings 225.00/hr Attendance at Trustee Meetings 8/14/2014 LG Review Post Meeting Folder 0.30 22.50 Attendance at Trustee Meetings 75.00 /hr SUBTOTAL: [ 2.80 585.00] Forms Forms 8/8/2014 LG Revise Premium Health Elections Form per Bonni's mark up 0.40 30.00 Forms 75.00 /hr Forms 8/10/2014 BSJ Review and revise Health Insurance Premium Forms 0.25 56.25 Forms 225.00/hr SUBTOTAL: [ 0.65 86.25] • Boynton Beach Police Officers' Pension Fund Page 2 Hrs /Rate Amount Meeting Notices and Agendas Meeting Notices and Agendas 8/11/2014 PH Prepare Attorney Report, Handouts, and Notebook for upcoming Meeting 1.50 112.50 - 8/12/14 75.00 /hr Meeting Notices and Agendas SUBTOTAL: [ 1.50 112.50] Participant - Kenny Participant - Kenny 7/28/2014 BSJ Review Letter from Paul Kelley re: Kenny Status 0.35 78.75 Telephone call with Toby Athol 225.00/hr E -mail to Paul Kelley Participant - Kenny Participant - Kenny PH E -mail to Barbara LaDue & Toby Athol re: Letter received from Paul 0.10 7.50 Kelley on Disability 75.00/hr Participant - Kenny Participant - Kenny 7/29/2014 PH Telephone calls with 5 Neurologists in Broward County re: Performing 0.50 37.50 IME 75.00 /hr Research Medical Licenses Participant - Kenny Participant - Kenny 8/11/2014 BSJ Prepare Memorandum to Board of Trustees re: IME Doctor Selection & 1.00 225.00 all CV's & Fee Schedules 225.00/hr Participant - Kenny Participant - Kenny 8/14/2014 PH Telephone call with Dr. Worth's Office to Schedule IME (Left message) 0.10 7.50 Participant - Kenny 75.00 /hr Participant - Kenny 8/15/2014 BSJ Review Workers Compensation Records for Documents to Send to IME 1.25 281.25 Doctor 225.00/hr Participant - Kenny Boynton Beach Police Officers' Pension Fund Page 3 Hrs /Rate Amount Participant - Kenny 8/15/2014 PH Scan, Redact, & Print Additional Medical Records from City, Dr. D'Ariano, 0.50 37.50 & Dr. Richman 75.00 /hr Insert Medical Records into the Disability Notebook Participant - Kenny SUBTOTAL: [ 3.80 675.00] Plan Document Plan Document 7/22/2014 BSJ Telephone call with Gary Lippman 0.25 56.25 Plan Document 225.00/hr Plan Document BSJ E -mail to Gary Lippman re: SB1128 0.25 56.25 Plan Document 225.00/hr SUBTOTAL: [ 0.50 112.50] Policies - General Policies - General 8/10/2014 BSJ Review and revise Policy on Health Insurance Premiums 0.25 56.25 Policies - General 225.00/hr Policies - General 8/15/2014 BSJ Correspondence with Barbara LaDue re: Original Executed Policy 0.50 112.50 regarding Goveming Overtime and Accumulated Leave Snapshot, as 225.00 /hr Required by SB 1128 and Policy for Payment of Health Insurance Premiums Policies - General Policies - General LG E -mail to Barbara LaDue, Chairman & Secretary re: Executed Policy 0.30 22.50 regarding Governing Overtime and Accumulated Leave Snapshot, as 75.00 /hr Required by SB 1128 and Policy for Payment of Health Insurance Premiums along with Corresponding Election Form Ship via UPS to Barbara LaDue re: Original Executed Policies Policies - General SUBTOTAL: [ 1.05 191.25] Boynton Beach Police Officers' Pension Fund Page 4 Hrs /Rate Amount State Monies State Monies 8/7/2014 BSJ E -mail to Trustees re: 185 Monies 0.25 56.25 State Monies 225.00 /hr State Monies 8/11/2014 BSJ Telephone call with Sarah Carr re: Supplemental Plan 0.20 45.00 State Monies 225.00/hr SUBTOTAL: [ 0.45 101.25] For professional services rendered 10.75 $1,863.75 Additional Charges : Bill File 8/15/2014 Copy Charges 129.90 SUBTOTAL: [ 129.90] Total additional charges $129.90 For professional services rendered 10.75 $1,993.65 Total amount of this bill $1,993.65 Previous balance $5,383.05 Accounts receivable transactions 8/21/2014 Payment- Thank You!. Check No. 053481 ($5,383.05) Total payments and adjustments ($5,383.05) Balance due $1,993.65 • " Barbara Ladue From: Evie Journet [Evie.Journet @stiles.com] Sent: Friday, September 05, 2014 10:00 AM To: BB POLICE & FIRE PENSION FUND Subject: License Agreement Attachments: 1553537 - Form License Agreement - BB Police and Fire Pension Funds.docx Hi Barb... Attached please find your new License Agreement commencing on October 1, 2014. Please review, initial every page on the bottom right, sign page 11 and return to me at your earliest convenience. Thanks, Evie Evie J. Journet . zi,74 Executive Suites Manager I Property Management :" ... Invest-Build- Manage 1500 Gateway Blvd. Suite 220, Boynton Beach, FL 33426 561-739-7917 1 WWW.STILES.COM ' ; The information in this email and any attachments are confidential and may be legally privileged. It is intended solely for the addressee(s). Access to anyone else is unauthorized. If the reader of this message is not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If this message has been sent to you in error, do not review, disseminate, distribute or copy it. If you are not the intended recipient, please delete this email. 1 LICENSE AGREEMENT Renaissance Executive Suites THIS LICENSE AGREEMENT (this "Agreement ") is made by and between licensor, REDUS ONE LLC, a Delaware limited liability company, with a mailing address of 301 South College Street, Charlotte, NC ( "SUITES"), and licensee, BOYNTON BEACH POLICE AND FIRE PENSION FUNDS ("CLIENT"), made this 5 day of September, 2014 (the "Effective Date "). In consideration of the mutual covenants, agreements and stipulations contained in this Agreement, and payment of the sum shown as the "TOTAL DUE" on the form attached hereto as Exhibit "A" and incorporated herein, SUITES and CLIENT agree as follows: for LICENSE: SUITES grants to CLIENT an exclusive Licen se o r the term ('Term) commencing on OCTOBER 1, 2014 ('Commencement Date") and ending on the last day of SEPTEMBER, 2015 ("Termination Date "), to use and occupy the private executive office known as Suite: 207 (the "Office ") located at 1500 Gateway Boulevard, #220, Boynton Beach, Florida (the "Premises "). 2. OCCUPANCY FEE: CLIENT shall pay to SUITES, as the "Occupancy Fee ", the sum of NINE THOUSAND EIGHT HUNDRED FIFTY SIX DOLLARS AND EIGHTY CENTS ($9,856.80) excluding tax, payable without demand and without deduction, except as expressly provided herein, in equal monthly installments of EIGHT HUNDRED TWENTY ONE DOLLARS AND FOURTY CENTS ($821.40) , excluding tax, each in advance on the first day of each and every month, to commence on the 1 day of OCTOBER, 2014 and to continue each month thereafter until the total Occupancy Fee is paid in full. If the Commencement Date or Termination Date is a date other than the first day of the month, then the Occupancy Fee for the first or the last month shall be prorated, based upon each day of occupancy constituting a fraction of the month. The Occupancy Fee will increase no more than five percent (5 %) annually during the original term of this Agreement. 3. BASIC SERVICES: The following services and amenities are included within the Occupancy Fee: Office; reception area; conference rooms (eight hours per month per office); kitchen facility; receptionist; telephone answering; one (1) telephone handset; call screening; messaging; incoming mail in mail boxes; package and overnight mail receipt; utilities; Office furniture; janitorial service on Monday, Wednesday, and Friday weekly; available staff and notary public services (the "Basic Services "). Provided, however, that CLIENT'S use of Basic Services shall be reasonable, and, if deemed to be unreasonable in the sole and reasonable discretion of SUITES, CLIENT may be charged by SUITES a reasonable "Additional License Fee" for the excess use or CLIENT may be precluded from excess use. Additionally, the receptionist services provided herein as part of the Occupancy Fee during the Term of Redus One, LLC CLIENT 1 0001010 \159741 \1553537v3 this Agreement shall only include the services of up to two (2) receptionists; however, SUITES shall only be obligated to make available one (1) receptionist for CLIENT'S use subject to the terms as set forth hereafter. Notwithstanding anything to the contrary provided herein, such receptionist services provided by SUITES shall only be available to CLIENT during the hours of 9:OOAM to 5:OOPM EST, Monday through Friday and shall not be available on weekends, legal holidays or work holidays scheduled by SUITES (the 'Receptionist Hours'). The Receptionist Hours are subject to change at any time (i) in the case of emergency or occurrence of events beyond the control of SUITES and (ii) in the sole discretion of SUITES, provided SUITES shall provide notice to CLIENT only of any permanent changes to the Receptionist Hours. SUITES shall not be responsible to CLIENT for any changes to the Receptionist Hours and any such changes by SUITES shall not constitute a default by SUITES hereunder. Client agrees to pay a one (1) time non - refundable Activation Fee of Two Hundred Seventy Five and No /100 Dollars ($275.00) to establish a new Office, mail, and telephone programming. 4. SUPPORT SERVICES: SUITES shall make available to CLIENT certain services, which are more particularly described on the "Support Services Price List" attached hereto as Exhibit "B" and made a part hereof (the "Support Services "). In the event that CLIENT utilizes any of the Support Services, a service fee therefore shall be invoiced to CLIENT on or before the first day of the next month, along with CLIENT'S Occupancy Fee for that month. For the purpose of this Agreement, the service fees for the Support Services shall be considered an Additional License Fee. 5. REVISION TO BASIC OR SUPPORT SERVICES: SUITES reserves the right, from time to time, and at its sole and absolute discretion, to add or replace any of the Basic Services or Support Services, and to modify the service fee schedule for Support Services accordingly. All additions, deletions or service fee modifications, unless of an emergency nature, shall be effective thirty (30) days from written notice of the changes by SUITES to CLIENT. 6. OFFICE FURNISHINGS. CLIENT'S personal office furniture, fixtures and accessories (collectively "Office Furnishings ") shall be subject to approval of SUITES, which approval shall not be unreasonably withheld. All office furnishings shall be consistent and compatible with the operation of a first class shared office environment. All office furnishings shall be removable without damage to the office. In the event the installation or removal of any office furnishings damages the Office or the Common Areas (hereinafter defined), CLIENT shall be responsible for the cost of repair, which cost shall be considered an Additional License Fee. SUITES shall provide CLIENT with a basic furniture package which shall include an executive desk with return, file cabinet, desk chair and a side chair. CLIENT shall be responsible for any damage to said furniture, reasonable wear and tear excluded, which damage shall be considered an Additional License Fee. 7. OFFICE EQUIPMENT: CLIENT shall not install or operate in the Office, refrigerators, ovens, microwave ovens or coffee pots without first obtaining the prior Redus One, LLC CLIENT 2 0001010 \159741 \1553537v3 written consent of SUITES. If consent to installation and operation is granted, CLIENT shall not provide nor permit other clients access to or use of the permitted equipment, whether for a fee or gratuitously. CLIENT may otherwise install and operate in the Office any electrically operated business equipment normal and customary for a modern office, and which does not require a separate electrical circuit, is not excessively heat producing, does not produce excessive noise or odor, and is not a fire hazard. If, in the sole opinion of SUITES, CLIENT installs and operates equipment in the Office that shall require a separate electrical circuit, is excessively heat producing, does produce excessive noise or odor, or is a fire hazard, CLIENT shall remove such equipment forthwith upon written notice request from SUITES. All computer equipment installed in CLIENT'S office must be pre- approved by SUITES and coordinated with an IT consultant chosen by SUITES. If CLIENT'S equipment includes switches, routers, etc., CLIENT will be charged an additional fee by the IT consultant chosen by SUITES for install of this equipment. 8. FURNITURE AND EQUIPMENT RENTAL: Any rented or leased office furniture, furnishings or office equipment shall require the prior approval of SUITES in its sole discretion and, if so approved, CLIENT shall deliver to SUITES a copy of the rental or lease agreement. 9. UTILITY SERVICES: The Occupancy Fee shall include, without further cost to CLIENT, janitorial service on Monday, Wednesday and Friday, lighting, electrical, and elevator service. Additionally, heating and air conditioning will be provided during normal office hours, including Saturdays, at no additional charge. If for any reason there should be any suspension or interruption of any of the utility services or facilities mentioned above, SUITES shall not be liable to CLIENT for such suspension or interruption, and SUITES shall have a reasonable time within which to restore such services. If CLIENT requires the use of air . conditioning at times other than as set forth above, SUITES may provide the same and charge a service fee to CLIENT, which shall be deemed an Additional License Fee. 10. PARKING: Parking is available to CLIENT, CLIENT'S customers, clients, invitees, agents, guests and employees. It is understood that these available parking spaces may be exclusively used by CLIENT between the hours of 8:00 AM to 5:00 PM, Monday through Friday and from 8:00 AM to 12:00 PM on Saturdays. At all other times these spaces will be open to the public on a first come, first serve basis. CLIENT shall obey and comply with parking rules and regulations established by SUITES, as revised from time to time at the election of SUITES, regarding parking. SUITES reserves the right to assign specific spaces at a future date. 11. COMMON AREAS: CLIENT shall be entitled to the reasonable use of the common areas and amenities ("Common Areas "), which for purposes of this Agreement shall include the reception area, conference rooms, kitchen, hallways, support room, copy areas and other areas dedicated as Common Areas along with Redus One, LLC CLIENT 3 0001010 \159741 \1553537v3 common areas of the Premises, subject, however, to all conditions and limitations set forth in their Agreement, and such rules and regulations as may hereinafter be promulgated by SUITES. Such rules and regulations shall take effect, except in the event of an emergency, upon thirty (30) days advance written notice to CLIENT. Use of the Common Areas shall be on an as available first -come, first serve basis and, in the case of conference rooms, on a pre - scheduled basis at any of SUITES' locations. All Common Areas are maintained by SUITES as smoke -free environments. 12. USE OF OFFICE: During the term of this Agreement, the Office shall be used and occupied for normal office use and incidental and ancillary uses thereto, for the conduct of CLIENT'S business, and for no other purpose whatsoever, and shall be used solely by CLIENT. If CLIENT is not one individual, the person(s) permitted to use the office shall be subject to CLIENT'S permission and the terms of this Agreement. CLIENT shall comply with all present and future laws, ordinances, regulations and orders of all agencies and branches of the federal, state and local governments having authority, and any other public authority having jurisdiction over SUITES, CLIENT and the Premises as well as all rules and regulations of SUITES. CLIENT shall obtain and provide SUITES with copies of all appropriate occupational licenses for CLIENT'S business. CLIENT, its employees, agents and invitees shall conduct business in such a manner as to be compatible with other clients of SUITES, and shall also conduct its business in such a way as to not interfere or disrupt other clients of SUITES or with the function and work of SUITE'S employees. CLIENT shall make no alterations, installations, additions or improvements in or to the Office without the prior written consent of SUITES. Installations, additions and improvements, including but not limited to built -in furniture, become the property of SUITES upon termination of this Agreement. CLIENT or CLIENT'S employees, agents, and invitees shall not make excessive noise or create odors that are offensive to any other user of the Premises. SUITES Manger shall have the sole right of enforcement with respect to noise and odor complaints. 13. ASSIGNMENT BY CLIENT: This Agreement is not assignable by CLIENT without the prior written consent of SUITES which will not be unreasonably withheld. CLIENT may enter into any sublicense agreements without the prior written consent of SUITES. CLIENT may provide to SUITES a substitute client and if SUITES and such substitute client enter into a mutually acceptable license agreement for the Office, then the Termination Date of this Agreement shall be co- incident with the commencement date of the substitute client's license agreement. No termination will be effective unless a mutually acceptable agreement evidencing the termination is executed by all parties concerned. 14. INSURANCE: CLIENT agrees to provide SUITES with a certificate of insurance evidencing general liability coverage with liability limits of not less than $1,000,000.00 per occurrence and $1,000,000.00 general aggregate. REDUS ONE LLC, a Delaware limited liability company, shall be named as additional insured on CLIENT'S insurance certificate. The insurance coverage shall remain in full force and Redus One, LLC CLIENT 4 0001010 \159741 \1553537v3, effect during the Term of this Agreement and renewals thereof. If at any time CLIENT does not provide an appropriate and current certificate of insurance, or if SUITES receives notification of cancellation of such insurance, SUITES may, but is not obligated to, obtain insurance for CLIENT, and the premium therefore shall be paid by CLIENT as an Additional License Fee. 15. INDEMNIFICATION / RELEASE: CLIENT shall indemnify and hold SUITES harmless from and against any loss, damage or liability occasioned by or resulting from: any willful or negligent act on the part of CLIENT, its agents, employees or invitees, or persons permitted on the Premises by CLIENT; or any claim arising out of or related to the operation of CLIENT'S business. CLIENT waives and releases any such claim it or its employees, agents, invitees, guests, customers and /or clients, may have against SUITES for any cause whatsoever. 16. TELEPHONE SERVICE: Pursuant to State of Florida Public Service Commission, SUITES operates a shared tenant service ("STS' ) telephone system. SUITES shall provide line assignments and other telephone services, including long distance services (at an additional cost, which shall be paid by CLIENT as an Additional License Fee). If, for any reason, there should be any suspension or interruption of the STS service, SUITES shall not be liable to CLIENT for such suspension or interruption, but SUITES shall apply its reasonable effort to restore such services as soon as possible. 17. EMPLOYMENT OF SUITES' EMPLOYEES: CLIENT recognizes that SUITES has expended considerable time, effort and expense in hiring and training SUITES' employees in order to provide a first -class shared office environment with related services to CLIENT. In the event CLIENT hires or employs any of SUITES' employees, SUITES would be forced to expend additional time, effort and expense in training new employees, the amount of which cannot be determined with certainty. Therefore, should CLIENT, during the Term hereof, or within six (6) months immediately after the Termination Date, hire or employ an employee of SUITES, CLIENT shall pay to SUITES, as a procurement fee, the sum of Five Thousand and No /100 Dollars ($5,000.00). The procurement fee shall be deemed an Additional License Fee. This provision shall survive the termination of this Agreement. 18. STORAGE: CLIENT shall not store nor place any object(s) of personal property of any kind whatsoever in any Common Areas or vacant office without the prior written consent of SUITES. SUITES assume no liability for the personal property of CLIENT. 19. ASSIGNMENT BY SUITES: This Agreement shall be assignable by SUITES at its sole and subjective discretion without CLIENT'S prior approval or consent. This Agreement may, from time to time, without CLIENT'S prior approval or consent, be assigned as collateral to secure any obligation of SUITES. Any such assignment shall be subject to the terms of this Agreement. Redus One, LLC CLIENT 5 0001010 \159741 \1553537v3 20. LATE CHARGE: If CLIENT fails to pay the Occupancy Fees and /or Additional License Fees ("Fees' within five (5) calendar days of the due date, a late payment charge shall be assessed by SUITES equal to five percent (5 %) of the total outstanding balance, or twenty five dollars ($25.00) per calendar day until the balance is paid in full, whichever is greater. If CLIENT disputes all or some portion of an invoice or statement (the "Disputed Charges "), CLIENT shall remit to SUITES payment in full, along with a written request for explanation or substantiation of the disputed charges. If, however, part or all of such Fees paid by CLIENT should prove to be erroneous, then SUITES shall, on the next monthly statement, credit CLIENT'S account with a sum equal to the amount of the erroneous Fees paid by CLIENT plus an erroneous billing charge equal to five percent (5 %) of such Fees. 21. DEFAULT: (a) DEFAULT IN PAYMENT OF FEES: If the Fees are not paid within five (5) calendar days of the due date, CLIENT shall be in default without any further notice or demand. Time is of the essence! (b) OTHER DEFAULTS: Each agreement of CLIENT contained in this Agreement and any exhibits attached hereto are material and of the essence of this Agreement, and if CLIENT shall fail to perform or does, in the reasonable opinion of SUITES, breach, in whole or in part, any covenants, agreement, or stipulations in this Agreement to be kept by CLIENT, other than the payment of Fees addressed in subsection (a) of this Paragraph 21, SUITES may give CLIENT written notice that CLIENT shall have five (5) days from receipt of such written notice to cure and remedy such failure or breach, and in the event CLIENT does not cure and remedy such failure or breach within said five (5) day period, then CLIENT, without further notice or demand, shall be in default hereunder. (c) ABANDONMENT OF PREMISES: In the event CLIENT shall cause its personal property to be removed from the Office to such an extent as to reasonably lead SUITES to believe CLIENT has abandoned or intends to abandon the Premises while this Agreement remains in effect, or commits any other act or acts evidencing an intent to abandon the Premises, this Agreement may be terminated by SUITES without notice or demand. (d) TERMINATION: SUITES and CLIENT shall have the right to cancel this Agreement for any reason and at any time "at will during the term hereof by providing the other party with thirty (30) days prior written notice of such cancellation. Additionally, in the event of any default or abandonment as described in subparagraphs (a), (b) or (c) of Paragraph 21, this Agreement may be deemed terminated, null and void, at the election of SUITES, and SUITES, with or without process of law, and with or without prior notice, may (1) enter the Office to expel, remove and put out CLIENT, together with any and all property belonging to CLIENT, (ii) exercise dominion, control Redus One, LLC CLIENT 6 0001010 \159741 \1553537v3 and occupancy of the Office in same manner as before the execution of this Agreement, (iii) terminate CLIENT'S telephone service, and (iv) over -lock the Office. (e) ACCELERATION AND LIEN: Upon default as described in subparagraphs (a), (b) or (c) of Paragraph 21, the Occupancy Fee shall be accelerated and the full amount due, less amounts previously paid shall be immediately due and payable to SUITES. Without further demand, CLIENT shall be obligated to pay to SUITES the full accelerated amount of the Occupancy Fee. SUITES shall have a lien upon all goods, chattels and personal property of any description belonging to CLIENT that are placed in, or become part of, the Office, as security for payment of Occupancy Fees and /or Additional License Fees, which lien shall not be in lieu of, or in any way affect, any other remedy of SUITES, and which shall be cumulative thereto. The Occupancy Fees and /or Additional License Fees due and payable upon default shall bear interest at eighteen percent (18 %) per annum until fully paid. (f) ENFORCEMENT OF LIEN: In order to enforce its lien, SUITES may take possession of all CLIENT'S goods, chattels and personal property in the Office and sell such property at public or private sale, after giving CLIENT reasonable written notice of the time and place of the public or private sale, for such prices and upon such terms as SUITES deems best. The proceeds of such sale shall be applied (i) first to the necessary and proper expenses or removing, storing and selling such property, (ii) then to payment of all Fees due, plus interest, and (iii) with the balance remaining, if any, to be paid to CLIENT. (g) REMEDIES CUMULATIVE: All rights and remedies of SUITES under this Agreement shall be cumulative and exercise of any one of SUITES' rights or remedies shall not exclude any other right or remedy available in law or equity. 22. SURRENDER: CLIENT agrees to and shall, on the Termination Date or upon earlier default, promptly surrender and deliver the Office to SUITES without demand therefore, in good and clean condition, ordinary wear and tear excepted. CLIENT shall be responsible to SUITES for the cost of any repair of damage, or cleaning of the office beyond ordinary wear and tear. 23. OCCUPANCY FEE DEPOSIT: CLIENT has deposited with SUITES an Occupancy Fee deposit in the amount of NINE HUNDRED TWENTY FIVE AND ZERO CENTS ($925.00), as security for the full and faithful performance by CLIENT of this Agreement. The deposit shall be returned to CLIENT within a reasonable time period after CLIENT has satisfied all of the following: (a) vacated the Office, (b) has left the Office and its furnishing in an acceptable condition, (c) returned all keys and security fobs, and (d) has paid all Fees. If, upon vacating the Office, CLIENT owes to SUITES any Fees, fails to return any keys or security fobs, has damaged the Office, or does not surrender the Office in the clean condition as it existed at the commencement of the term, ordinary wear and tear excepted, the amount owing, the cost of repair and /or the cost of cleaning, shall be deducted from the security deposit, and the balance, if any, Redus One, LLC CLIENT 7 0001010 \159741 \1553537v3 shall be returned to CLIENT within a reasonable time period. All interest earned on the security deposit held by SUITES shall inure to the benefit of SUITES. 24. RENEWAL AND HOLDOVER: This Agreement shall automatically renew for successive one (1) year time periods provided CLIENT does not give SUITES written notice of CLIENT'S intent to terminate at least thirty (30) days prior to the Termination Date. Time is of the essence with regard to this notice. In the absence of a written agreement to the contrary, the Occupancy Fee set forth in Paragraph 2 herein shall increase by a rate not to exceed five percent (5 %) per year for each year that this Agreement is renewed. In the event that CLIENT has given timely notice of CLIENT'S intent to terminate on a Termination Date and CLIENT shall not immediately surrender the Office on the Termination Date, CLIENT shall, by virtue of the provisions of this Paragraph, become a CLIENT for the month at a monthly Occupancy Fee amount of two hundred percent (200 %) of the last full monthly Occupancy Fee paid under this Agreement. Thereafter, CLIENT shall give SUITES written notice of its intention to vacate the Office, such notice to be given within thirty (30) days before the first business day of the month during which CLIENT intends to vacate. Regardless of the day of the month CLIENT vacates, the full two hundred percent (200 %) of the Occupancy Fee shall be due and payable, and SUITES may nevertheless, demand possession, and Paragraph 21 herein, shall apply. In all events described in this Paragraph, CLIENT shall also be responsible for Additional License Fees incurred during the period of time that CLIENT occupies the Premises after a Termination Date. 25. TAXES: Any and all taxes, fees and assessments, including, but not limited to, license fees, fees for permits, profits, sales, use taxes, personal property taxes, or any other taxes that may be levied or assessed upon the assets, business or capital of CLIENT'S business conducted in the Office at SUITES, or upon CLIENT'S income from such business, or on the inventory maintained by CLIENT, or on the equipment used by CLIENT, by any duly constituted local, city, county, state, federal or other governmental agency or taxing authority, shall be the responsibility of and paid by CLIENT. Since Fees requires the payment of State of Florida sales and use tax, such tax will paid by CLIENT, simultaneously with payment of Fees. 26. LOSS OR PARTIAL LOSS OF PREMISES: (a) If the Premises are rendered unusable by fire or other casualty, or is wholly appropriated for public use, or if, because of extensive damage by fire or other casualty, or extensive appropriation for public use, to any other part of the Premises, and SUITES decides to discontinue its business at the Premises, this Agreement shall terminate. (b) SUITES shall not be liable in any manner for any loss or damage suffered by CLIENT because of the happening of any of the events and conditions set forth in Subsection (a) of this Paragraph. Redus One, LLC CLIENT 8 0001010 \159741 \1553537v3 27. BROKER: CLIENT and SUITES each represent to each other that no broker was involved in procuring of this Agreement, except (the "Named Broker "). SUITES shall pay a commission to the Named Broker and shall indemnify and hold CLIENT harmless from any commission demand made by the Named Broker against CLIENT. In the event any broker, other than the Named Broker, claims a commission on account of this transaction, the party through whom the broker claims a commission shall indemnify and hold the other party harmless from such commission. In the event CLIENT defaults under this agreement and vacates the Office prior to the Termination Date, CLIENT shall pay to SUITES, as an Additional License Fee, a pro -rata portion of the commission paid by SUITES to the Named Broker. 28. GENERAL TERMS: (a) Binding Effect: This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives, successors and /or assigns. (b) Applicable Law: This Agreement shall be construed and enforced under, and in accordance with, the internal laws of the State of Florida. Venue of any legal proceeding under this Agreement shall be in Palm Beach County, Florida. CLIENT waives jury trial in any legal proceeding. In any legal proceeding for possession, CLIENT shall not plead any counterclaim. (c) Whole of the Agreement: This Agreement, including writings incorporated by reference and any exhibits attached hereto and not specifically incorporated by reference, constitutes the sole and complete agreement of the parties hereto, and supersedes any prior understanding or other written or oral agreements between the parties regarding the subject matter of this Agreement. (d) Not a Lease: This Agreement is a License to use real property and CLIENT acknowledges and agrees this Agreement is not a lease of real property. CLIENT acknowledges and agrees that the provisions of the Florida Landlord and Tenant Act, Chapter 83, Florida Statutes, as the same now exists or may be amended from time to time, do not apply to this Agreement or the relationship between CLIENT and SUITES. (e) Notice: Any written notice required under this Agreement shall be deemed delivered to CLIENT by placing it in CLIENT'S mailbox at SUITES, or mailed by certified mail, return receipt requested, to an additional address designated in writing to SUITES by CLIENT, and if to SUITES, by delivery to SUITES' designated manager of the Premises, and acknowledged by a signed receipt executed by such manager on a copy of such notice, or by certified mail to SUITES' address. Redus One, LLC CLIENT 9 0001010 \159741 \1553537v3 (f) Credit Reporting: CLIENT understands that SUITES has the right to report, and will report, any deficient payments of Fees to the appropriate credit reporting service. (g) Attorneys' Fees and Costs: In the event SUITES is required to employ an attorney to enforce any provision of this Agreement, CLIENT, as an Additional License Fee, shall pay to SUITES its actual attorneys' fees incurred and court costs, including paralegal fees and trial expenses on appeal. (h) Computation of Time: If any act is required to be performed within a specific time, the first day shall not be counted. If the last day is a Saturday or Sunday, the date of performance shall be the following Monday, and if the last is a legal holiday, the date of performance shall be the next day that is not a holiday, Saturday or Sunday. (i) Non - Waiver: Failure by SUITES to insist upon CLIENT'S performance of any covenant or the occurrence of any condition hereunder shall not constitute a waiver of SUITES' right to insist upon such performance or occurrence thereafter, unless such waiver is evidenced in writing specifically executed by SUITES for the purpose of effecting such waiver. (j) Severability: If any provision(s) of this Agreement is judicially determined to be unenforceable, such provision(s) shall be severed and the remainder of the Agreement shall stand, and continue in full force and effect. (k) Radon Gas: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county health department. • [SIGNATURES APPEAR ON FOLLOWING PAGE] Redus One, LLC CLIENT 10 0001010 \159741 \1553537v3 IN WITNESS WHEREOF, the parties intending to be legally bound have executed this Agreement as of the Effective Date. WITNESSES: SUITES: REDUS ONE, LLC, a Delaware limited liability company By: Stiles Property Management, as authorized agent Name: SUSAN MARZINA By: Name: EVELYN J. JOURNET Name: BETH BEALE Its: CLIENT: BOYNTON BEACH POLICE AND FIRE PENSION FUNDS Name: SUSAN MARZINA By: Name: BETH BEALE Name: Title: Redus One, LLC CLIENT 11 0001010 \159741 \1553537v3 Exhibit "A" Amounts Due Reruusoance Frecutiae Suites Exhibit "A" Amounts Due Rent per month (Suite: 207) $821.40 Telephone Package includes: One (1) Telephone Handset One (1) Main DID with 1 extension Unlimited Local Phone Service Voice Mail Call Forwarding 1 Fax. Line 159.00 AdditionalrServices Additional Handsets with extensions $75.00 each High Speed Internet Access $50.00 per person One time activation fee for Internet Service $25.00 50.00 SUB- TOTAL: 1,030.40 6% Sales Tax EXEMPT MONTHLY RECURRING CHARGES:: $1,030.40 One Time Initial Activation Fee (Includes administrative costs to establish new Office, mail, phone and programming). N/A One Month Deposit ($925.00 on file as of 10/01/2008) N/A Redus One, LLC CLIENT fRefuaiaaanee &waive Suites Samna/al of Suppoxt Sei ices Egectiue date: ardi 1, 2014 Exhibit "B" Support Services Price List Copying and Printing (on a monthly basis) Outgoing Facsimile Transmission 1 -100 pages $.75 / per page 100+ pages $.50 / per page Photocopies and Network Printing . -Black & White Copies 1 -700 copies $0.12 per copy 701 -1000 $0.10 per copy 1001+ $0.08 per copy -Color Copies $1.00 per page Administrative Support Admin Support $29.00 per hour Word Processing $29.00 per hour Additional Services Conference Room $25.00 per hour (over your allotted hours) Federal Express and DHL Carrier Charge U.S. Mail Price of Postage + 25% Catering Services Available upon request Office Supplies Available upon request Redus One, LLC CLIENT Barbara Ladue From: Swanson, Lynn [SwansonL @bbfl.us] Sent: Friday, September 05, 2014 2:50 PM To: 'Barbara Ladue' Subject: Pension Benefit Calculations Can you please provide the City Attorney's office with the Pension Benefit calculation sheet for each participant who retired on or after July 1, 2011. — W� — Lynn Swanson, Legal Assistant City Attorneys Office City of Boynton Beach 100 E. Boynton Beach Blvd. 1 Boynton Beach, Florida 33435 o: 561 - 742 -6053 SwansonL @bbfl.us 1 www.boynton- beach.ore ff: America's Gateway to the Gulfstream Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure. Under Florida records law, email addresses are public records. Therefore, your e-mail communication and your e-mail address may be subject to public disclosure. 1 • STAPEES AJ 14- In itialer Date • F' '.'t+`yd tiJ Prepared By �y°�" 4 fl 71.-- 1 / Approved By 1 114 3 4 5 6' f dpv I, .gib . 1 1 2 2 R, ! 3 ■ IRA ■1 ■IIMI ■II■ ■1 ■1 ,P L MIIMENI L 3 4 ■1 ■1 ■1 ■11■ ■1 ■1 ■1■1_ 1■1■I■1 ■1 4 5 ■1 ■ICI ■II ■ ■1 ■1i mum= 5 6 ■r ■1 ■1 ■ 1 ■11■ ■1 ■1 ■1 ■1 ■1 ■1 ■I■i ■1 6 7 Me Arl . ■1 ■ICI ■II ■ ■1 ■1 ■1 1 1 ■19111 I.1 8 ■ ■1 ■1 ■1 ■11 ■■1 ■1 ■1 ■1 ■1 ■1111 ■111 IN , = tl . ■1 ■I1i.' ■11 ■ ■1 ■1■ I IBI 9 19 I. r ■1 ■1 ■1 ■II■ ■1 ■1 ■ IMO ■1 ■i■1■I ■1 10 11 , , ■1■I I ■IE■ ■1 ■1 ■S 1 If I■INI 1. ,1 12 ■1 ■1 ■1 111• 1■1 11111 ■1 ■1 ■ 11111 111 ■I 12 13 INIINIMMIIIMIIMIEBINIMI ■rIIIP1 RI 13 14 1■! ■1 ■1 ■1 ■II■ ■1 ■1 ■1 ■I e1 ■1■I■1 ■1 14 15 1■ ■I Z ■IB■ ■1 ■1 1I! 15 16 1111111NIME11111111111 ■1 ■111■ ■1 ■1 ■1 ■1■ 1 ■1■Ii1 ■1 16 3 17 MFAMIONIMENIMINEISEI1111111 ■E1'I 112211INIM 17 18 r ■ ■1 ■1 ■ 1 ■11■ ■1 ■1 ■INN. 1 ■I ■I ■1 ■1 18 19 . ■ ■■I■IMI ■I ■I ■I ■ POE Inf111EII 19 20 20 21 21 22 22 23 23 24 24 25 25 26 26 27 27 28 28 29 29 30 30 31 31 32 32 33 33 34 34 35 35 36 36 (J 37 37 38 38 39 39 40 40 PENSION FUNDS OF • Boynton Beach Boynton Beach Police & Fire Pension Funds 0 1500 � . 1500 Gateway Blvd., Suite # 220 -• - a Boynton Beach, FL 33426 . Barbara La Due • Pension Administrator • ladueb @bbpdpension.com 561/739 - 7972 Fax 561/731 -2997 • August 7, 2014 • Nancy Aspenleiter • Dear Nancy: • It is that time to set up and begin your deferred vested pension benefit effective Oct 1, 2014. In order to start you benefit payment the following items are required: 1) Back in April of this year we discussed the payment of $1401.76 owed the City when you terminated employment in January 2005. Please make a check payable to the City of Boynton Beach for this amount. • 2) Please select and sign the annuity form under which you elect to receive your benefit. 3) Complete the ACH/Direct Deposit from and return with a "Void" check. 4) Complete the Form W -4P for federal tax withholding. 5) A beneficiary designation form is enclosed for your completion to update your file. Please return these items prior to September 11 in order to set up your benefit payment for October 1, 2014. Thank you. Sincerely,. • Barbara La Due Pension Administrator • CITY OF BOYNTON BEACH POLICE OFFICERS' RETIREMENT SYSTEM • FINAL STATEMENT OF RETIREMENT BENEFITS September 13, 2005 Participant's Name: NANCY L ASPENLEITER Social Security #: You are eligible for a(n) VESTED Retirement Benefit from the Plan. Your benefit is payable at the beginning of each month com- mencing October 1, 2014 . The amount of your monthly benefit depends on the optional form of annuity which you choose. Please indicate the one optional form listed below which you elect to recieve: 1. MODIFIED CASH REFUND ANNUITY: This option provides monthly pay- ments of $ 704.80 to you as long as you live. If you should die before you have received an amount equal to your own contributions to the Plan, payments will continue to your beneficiary until your own contributions have been used up. 2. TEN YEAR CERTAIN AND LIFE THEREAFTER: This option provides monthly payments of $ 693.56 to you as long as you live. If you should die before 120 monthly payments have been made, the monthly payment of $ 693.56 will continue to be made to your beneficiary until a total of 120 monthly payments have been made in all. 3. 100% SURVIVOR ANNUITY: This option provides monthly payments of $ .00 to you as long as both you and your beneficiary are living. After the death of either you or your beneficiary, monthly payments of $ .00 will continue for the life of the remaining person. 4. 66 -2/3% SURVIVOR ANNUITY: This option provides monthly payments of $ .00 to you as long as both you and your beneficiary are living. After the death of either you or your beneficiary, monthly payments of $ .00 will continue for the life of the remaining person. 5. 50% SURVIVOR ANNUITY: This option provides monthly payments of $ .00 to you as long as both you and your beneficiary are living. After the death of either you or your beneficiary, monthly payments of $ .00 will continue for the life of the remaining person. 6. 75% JOINT AND LAST SURVIVOR ANNUITY: This option provides monthly payments of $ .00 to you as long as you live. Your bene- ficiary, if living at the time of your death, will then receive monthly payments of $ .00 as long as he /she lives. 7. 50% JOINT AND LAST SURVIVOR ANNUITY: This option provides monthly payments of $ .00 to you as long as you live. Your bene- ficiary, if living at the time of your death, will then receive monthly payments of $ .00 as long as he /she lives. THESE AMOUNTS ABOVE ARE BASED UPON THE FOLLOWING INFORMATION: Your Date of Birth: Pension Hire Date: 11/09/1998 Date of Termination: 01/27/2005 Adjusted Hire Date: 11/09/1998 Avg Final Monthly Comp: $3,719.22 Years of Credited Service: 6 Beneficiary Name: Date of Birth: 00 /00 /0000 Page 2 Participant's Name: NANCY L ASPENLEITER Social Security #: Accumulated Contributions: $18,731.51 After -Tax Contributions: $.00 Pre -Tax Contributions: $18,731.51 Nontaxable Portion of Life Number of Months Nontaxable Annuity Monthly Benefit: $.00 Portion Continues: 0 Nontaxable Portion of Joint Number of Months Nontaxable Survivor Monthly Benefit: $.00 Portion Continues: 0 The Survivor Annuity benefit amounts shown above are based on the beneficiary named above and are payable only to this beneficiary. If you wish to change your beneficiary before your payments begin, new amounts will have to be calculated. BOARD OF TRUSTEES: By DATE: I accept the terms above, including my choice of annuity form, and confirm the information shown above to be correct. PARTICIPANT'S SIGNATURE: DATE: BENEFICIARY'S SIGNATURE: DATE: Calculation Date: