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Agenda 03-21-17The City of Boynton Beach City Commission Agenda Tuesday, March 21, 2017, 5:00 PM Commission Chambers 100 E. Boynton Beach Blvd., Boynton Beach, FL 33435 Regular City Commission Meeting Boynton Beach City Commission Mayor Steven B. Grant (At Large) Vice Mayor Mack McCray (District 11) Commissioner Justin Katz (District 1) Commissioner Christina L. Romelus (District III) Commissioner Joe Casello (District IV) Lori LaVerriere, City Manager James Cherof, City Attorney Judith A. Pyle, City Clerk *MISSION* To create a sustainable community by providing exceptional municipal services, in a financially responsible manner. www. boynton- beach. org Page 1 of 675 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, presentations and first reading of Ordinances - Time Limit - Three (3) minutes ADDRESSING THE COMMISSION: When addressing the Commission, please step up to either podium and state, for the record, your name and address. DECORUM: Any person who disputes 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 pagers and cellular phones in the City Commission Chambers while the City Commission Meeting is in session. City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every month, starting at 6:30 p.m. (Please check the Agenda Schedule - some meetings have been moved due to Holidays/Election Day). Page 2 of 675 1. OPENINGS A. Call to Order - Mayor Steven B. Grant CLOSED -DOOR SESSSION on March 21, 2017 commencing at 5 pm in City Hall, pursuant to Section 286.011(8), Florida Statutes, for a private attorney-client session of the City Commission to discuss pending litigation in the following case: SECURED HOLDINGS INC, Plaintiff, vs. QUANTUM OVERLAY DEPENDENT DISTRICT, EUGENE GERLICA and CITY OF BOYNTON BEACH, Defendants — Palm Beach County Circuit Court Case No. 502016CA005668XXXXMB I nvocation Pledge of Allegiance to the Flag led by Commissioner Joe Casello Swearing In - Commissioner District IV - Joe Casello Roll Call Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption 2. OTHER A. Informational items by Members of the City Commission 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Announce Career Expo at Carolyn Sims Center, Thursday, March 23, 2017 from 8:30 a.m. - 12:00 p.m. sponsored by the CRA, City of Boynton Beach and CareerSource. B. Announcement by Recreation & Parks Director, Wally Majors, of the Concert on the Green that will be held April 22, at The Links of Boynton Beach, from 5 - 7 p.m.. C. The joint City Commission/CRA Workshop for six month update on 2016 strategic plan that was scheduled at the Intracoastal Park Clubhouse (IPC) at 3:30p.m. - March 28, 2017 is going to be re -scheduled and the date will be announced as soon as it is re -scheduled. D. Announce the April 3rd Mayor's Town Hall Meeting on Monday, April 3, 2017. The meeting will begin at 6:00 p.m. and take place at Bay Bay's Chicken & Waffles located at 326 Congress Avenue in the Oakwood Square Shopping Center. E. Proclamation for Run Off Election to be held on March 28th, 2017 between James "Jim" DeVoursney and Mack McCray for one Commissioner in District 11. F. Proclaim March as American Red Cross Month G. Proclaim April 5, 2017 as Arbor Day H. Presentation of Certificate to City Commission by Dr. Alina Alonso, Director of Florida Department Page 3 of 675 of Health in Palm Beach County, recognizing the City of Boynton Beach as a Healthiest Weight Community Champion. Boynton Beach Fire Rescue Department and the members of the Boynton Beach Professional Firefighters IAFF Local 1891 check presentation of the funds raised in the annual "Fill the Boot" charity fund raising event for the Muscular Dystrophy Association. 4. PUBLIC AUDIENCE INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. The following Regular (Reg) and Alternate (Alt) Student (Stu) and Nonvoting Stu (N/V Stu) openings exist: Arts Commission: 1 Alt Building Board of Adjustments & Appeals: 1 Reg and 2 Alts Library Bd: 2 Alts Recreation & Parks Bd: 2 Alts Senior Advisory Bd: 1 Reg and 2 Alts 6. CONSENT AGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments A. PROPOSED RESOLUTION NO. R17-027 - Authorize the execution of a fourth amendment to the lease agreement for telecommunications tower site with Verizon Wireless Personal Communications LP d/b/a Verizon Wireless to sublease to American Tower Corporation and to allow four (4) additional five-year terms, thereby extending the lease agreement 20 years to June 17, 2041 for the existing telecommunications tower at 415 NE 4th Street. B. PROPOSED RESOLUTION NO. R17-028 - Authorize the City Manager to sign individual agreements with four (4) firms as a result of RFQ No.: 067-2821-16/TP for Professional Survey and Mapping Services, individual task orders for projects will be issued and submitted to the Commission for approval in accordance with the City's Purchasing policies and procedures. C. Approve reduction of a Bond, in the form of a Letter of Credit, by the amount of $445,502.40 for the completion of the clearing and grubbing and the completion of the paving, grading, and drainage improvements in association with the Aspen Glen project. D. Legal expenses - February 2017 - Information at the request of the Commission. No action required. E. Accept the Fiscal Year 2016-2017 Budget Status Report of the General Fund and the Utilities Fund for the four (4) month period ended January 31, 2017. F. Accept the written report to the Commission for purchases over $10,000 for the month of February 2017. G. Approve the minutes from the Regular City Commission meeting held on March 6, 2017. 7. BIDS AND PURCHASES OVER $100,000 A. PROPOSED RESOLUTION NO. R17-029 - Award the Bid for "Self -Contained Breathing Apparatus (SCBA) for Boynton Beach Fire Rescue", Bid No. 017-2210-17/JMA to Municipal Page 4 of 675 Emergency Services, Inc. (MES) of Pinellas Park, FL in the amount of $744,600, and authorize the City Manager to sign a Master Equipment Lease Purchase Agreement with Community Leasing Partners. 8. CODE COMPLIANCE and LEGAL SETTLEMENTS - None 9. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. PROPOSED ORDINANCE NO. 17-008 - FIRST READING - Approve Ocean One rezoning from Central Business District (CBD) to Mixed Use High Intensity (MU -H) District with a proposed two- phase master plan for a total of 358 multi -family rental units, 12,075 square feet of commercial retail space and a 120 -room hotel. B. PROPOSED ORDINANCE NO. 17-009 - FIRST READING - Approve request for abandonment of a portion of right-of-way of Boynton Beach Boulevard east of Federal Highway, and NE 6th Court between Boynton Beach Boulevard and Ocean Avenue, in conjunction with request for new site plan approval for the Ocean One mixed-use project. Applicant: Davis Camalier / Ocean One Boynton, LLC. C. Approve requests for a Community Design Appeal of 1) Chapter 3, Article III, Section 5. C., "Build - to -line", which requires buildings to be constructed with a build -to -line of 0 to 15 feet, to allow a setback of approximately 19 feet; and 2) Chapter 4, Article III, Section 6.F., "Off -Street Parking Area Standards", which requires facades of parking garages that front on an arterial or collector roadway to be wrapped with habitable space. Applicant: Davis Camalier / Ocean One Boynton, LLC. THIS ITEM IS ADVERTISED FOR THIS MEETING BUT SHOULD BE TABLED TO APRIL 4, 2017 SO THAT FINAL ACTION OCCURS ON THE SAME DATE AS ACTION TAKEN ON THE CORRESPONDING REZONING AND ABANDONMENT ITEMS. D. Approve request for a New Site Plan for multi -family residential (rental apartments) consisting of 231 dwelling units within an eight (8) -story building, retail space, and associated recreational amenities and parking on 1.93 acres. Property located at 114 N. Federal Highway. Applicant: Davis Camalier / Ocean One Boynton, LLC. THIS ITEM IS ADVERTISED FOR THIS MEETING BUT SHOULD BE TABLED TO APRIL 4, 2017 SO THAT FINAL ACTION OCCURS ON THE SAME DATE AS ACTION TAKEN ON THE CORRESPONDING REZONING AND ABANDONMENT ITEMS. 10. CITY MANAGER'S REPORT A. Discuss Budget Workshop times for July 17-19, 2017. 11. UNFINISHED BUSINESS A. Consider additional research conducted by staff and provide direction relative to the addition of zoning regulations that would allow medical offices as accessory uses to a residential development. 12. NEW BUSINESS A. Authorize reimbursement of $50,000 general fund dollars to U.S. Department of Housing and Urban Development in assocation with Commuity Development Block Grant Activities as a result of 2011 HUD audit. B. Approve the request of Mayor Steven B. Grant to distribute $250 of his Community Support Funds to Women's Circle, a non-profit organization. C. Approve the expenditure from Commissioner Casello's Community Support Funds of $1,000 to Page 5 of 675 support the GBCD Entrepreneurship Institute programs. 13. LEGAL A. Discussion and direction regarding scope of Medical Marijuana Treatment Center zoning and use regulations 14. FUTURE AGENDA ITEMS A. Appoint a City Commission representative and alternate to the Coalition of Boynton West Residents Association (COBW RA). -April 4, 2017 B. Appoint a City Commission representative and alternate to the Countywide Intergovernmental Coordination Program. - April 4, 2017 C. Appoint a City Commission representative and alternate to the Metropolitan Planning Organization. - April 4, 2017 D. Appoint a City Commission representative and alternate to the Palm Beach County League of Cities. -April 4, 2017 E. Consider adopting a Chronic Nuisance Ordinance. - April 2017 F. Discuss cancelling the July 4th City Commission meeting - April 4, 2017 G. Monthly Departmental Presentations: Communications/Marketing -April 18, 2017 H. Recommend vendor as result of Request for Proposal for Pension Benefit Consultant - April 18, 2017 15. ADJOURNMENT NOTICE 1F APER.SON DECIDES TOAPPEALANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED ARECORD OF THE PROCEEDINGSAND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING 1S MADE, WHICH RECORD INCLUDES THE TESTIMONYAND EVIDENCE UPON WHICH THEAPPEAL 1S TO BE BASED. (F.S. 286.0105) THE CITY SHALL FURNISH APPROPRIATEAUXII.IARYAIDSAND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL W1THA DISABILITYAN EQUAL OPPORTUNITY TO PARTICIPATE 1N AND ENJOY THE BENEFITS OFA SERVICE, PROGRAM, ORACTWITY 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 ORACTIVITY 1N ORDER FOR THE CITY TO REA.SONABLYACCOMMODATE YOUR REQUEST. ADD1TIONALAGENDAITEMS MAY BEADDED SUBSEQUENT TO THE PUBLICATION OF THEAGENDA ON THECITY'S WEB SITE. INFORMATION REGARDING 1TEMSADDED TO THEAGENDAAFTER 1T 1S PUBLISHED ON THE C1TYS WEB SITE CAN BE OBTAINED FROM THE OFFICE OF THE CITY CLERK. Page 6 of 675 1.A. OPENING ITEMS 3/21/2017 REQUESTED ACTION BY COMMISSION: Call to Order - Mayor Steven B. Grant CLOSED -DOOR SESSSION on March 21, 2017 commencing at 5 pm in City Hall, pursuant to Section 286.011(8), Florida Statutes, for a private attorney-client session of the City Commission to discuss pending litigation in the following case: SECURED HOLDINGS INC, Plaintiff, vs. QUANTUM OVERLAY DEPENDENT DISTRICT, EUGENE GERLICA and CITY OF BOYNTON BEACH, Defendants — Palm Beach County Circuit Court Case No. 502016CA005668XXXXMB I nvocation Pledge of Allegiance to the Flag led by Commissioner Joe Casello Swearing In - Commissioner District IV - Joe Casello Roll Call Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: Non -budgeted ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 7 of 675 Is this a grant? No Grant Amount: REVIEWERS: Department City Clerk Reviewer Action Approved Date 3/14/2017 ® 3:47 PM Page 8 of 675 2.A. OTHER 3/21/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 3/21/2017 REQUESTED ACTION BY COMMISSION: Informational items by Members of the City Commission EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: REVIEWERS: Department City Clerk Reviewer Action Date Pyle, Judith Approved 3/14/2017 ® 3:47 HM Page 9 of 675 REQUESTED ACTION BY COMMISSION: Announce Career Expo at Carolyn Sims Center, Thursday, March 23, 2017 from 8:30 a.m. - 12:00 p.m. sponsored by the CRA, City of Boynton Beach and CareerSource. EXPLANATION OF REQUEST: The CRA, CareerSource and the City will host a Career Expo on March 23rd at the Carolyn Sims Center. Local Businesses will be invited to come market employment opportunities at the Expo. Businesses interested in participating will need to register by contacting the CRA or Michael Corbit at mcorbit@careersourcepbc.com. The Expo is being advertised through flyers, local churches/organizations, veteran organizations, events calendar, social media, email blasts and expo signs. The opening of the event from 8:30 a.m. - 9:00 a.m. will be reserved for Veterans only allowing them first priority speaking to businesses. From 9:00 a.m. - 12:00 p.m. the Expo will be opened to the general public. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: Non -budgeted N/A ALTERNATIVES: N/A STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: REVIEWERS: Page 10 of 675 Department Reviewer Action Finance Howard, Tim Approved Finance Howard, Tim Approved City Manager LaVerriere, Lori Approved Date 3/6/2017 ® 5:21 PM 3/7/2017 ® 4:41 PM 3/13/2017 ® 9:43 AM Page 11 of 675 3.B. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS 3/21/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 3/21/2017 REQUESTED ACTION BY COMMISSION: Announcement by Recreation & Parks Director, Wally Majors, of the Concert on the Green that will be held April 22, at The Links of Boynton Beach, from 5 - 7 p.m.. EXPLANATION OF REQUEST. The Concert on the Green will feature a concert by the Fabulons, additional activities include nature tours, food and kids activities. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This will provide an exciting family activity that will help promote The Links. FISCAL IMPACT. Non -budgeted ALTERNATIVES: Do not make the announcement STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: REVIEWERS: Department Reviewer Action Date Recreation & Parks Pyle, Judith Approved 3/14/2017 - 2:45 PM Finance Howard, Tim Approved 3/14/2017 - 3:25 PM City Manager LaVerriere, Lori Approved 3/17/2017 - 9:57 AM Page 12 of 675 3.C. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS 3/21/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 3/21/2017 REQUESTED ACTION BY COMMISSION: The joint City Commission/CRA Workshop for six month update on 2016 strategic plan that was scheduled at the Intracoastal Park Clubhouse (IPC) at 3:30p.m. - March 28, 2017 is going to be re -scheduled and the date will be announced as soon as it is re -scheduled. EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: REVIEWERS: Department Reviewer Action Date Finance Howard, Tim Approved 3/7/2017 - 4:42 PM Finance Howard, Tim Approved 3/7/2017 - 4:42 PM City Manager LaVerriere, Lori Approved 3/13/2017 - 9:59 AM Page 13 of 675 3.D. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS 3/21/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 3/21/2017 REQUESTED ACTION BY COMMISSION: Announce the April 3rd Mayor's Town Hall Meeting on Monday, April 3, 2017. The meeting will begin at 6:00 p.m. and take place at Bay Bay's Chicken & Waffles located at 326 Congress Avenue in the Oakwood Square Shopping Center. EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT. Non -budgeted N/A ALTERNATIVES: Do not make the announcement. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: REVIEWERS: Department Reviewer Action Date City Manager Howard, Tim Approved 3/15/2017 - 5:17 PM Finance Howard, Tim Approved 3/15/2017 - 5:17 PM City Manager LaVerriere, Lori Approved 3/17/2017 - 10:01 AM Page 14 of 675 REQUESTED ACTION BY COMMISSION: Proclamation for Run Off Election to be held on March 28th, 2017 between James "Jim" DeVoursney and Mack McCray for one Commissioner in District 11. EXPLANATION OF REQUEST: On March 14th, 2017 an election was held in District II between three candidates. None of the three candidates received the required 50% plus one majority vote requiring a run off election between the candidates receiving the two highest number of votes. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Another election in District 11 will require the use of five city -owned facilities as polling locations. FISCAL IMPACT: Budgeted There will associated costs for cleaning and utilities for the use of the facilities. The estimate costs for a run-off elections is as follows: Poll workers $4500 Ballots 626 SOE Exps 3000 Election Ads 4000 Equip Del. 886 TOTAL Est. $13,012 ALTERNATIVES: Find alternate locations for polling sites. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 15 of 675 ATTACHMENTS: Type D Proclamation REVIEWERS: Department Reviewer City Clerk Pyle, Judith Finance Howard, Tim City Manager Howard, Tim Description Proclamation Action Date Approved 3/16/2017 ® 3:46 PM Approved 3/16/2017 ® 3:48 PM Approved 3/17/2017 ® 11:42 AM Page 16 of 675 PROCLAMATION I, Steven B. Grant, Mayor of the City of Boynton Beach, Florida, do hereby proclaim that a Run-off Election will be held in the City of Boynton Beach, Palm Beach County, Florida, on the 28th day of March 2017 to elect the one Commissioner from District 2 to serve a three-year term expiring in March 2020. The voting hours are between 7:00 a.m. and 7:00 p.m. on said date. Polling places are hereby designated as follows: PRECINCT 3188 CHRIST FELLOWSHIP CHURCH 801 N. CONGRESS AVE. PRECINCT 3190 IMAGINE SCHOOLS CHANCELLOR CAMPUS 3333 HIGH RIDGE RD. PRECINCT 4024 HARVEY E. OYER JR. PARK USIAND NE2ISTAVE PRECINCT 7178 EZELL HESTER COMMUNITY CENTER 1901 NORTH SEACREST BLVD. PRECINCT 7180 ST JOHN MISSIONARY BAPTIST CHURCH 900 NORTH SEACREST BLVD. PRECINCT 7182 CAROLYN SIMS CENTER 225 NW 12TH AVENUE PRECINCT 7184 ST. JOHN MISSIONARY BAPTIST CHURCH 900 NORTH SEACREST BLVD. CITY OF BOYNTON BEACH STEVEN B. GRANT, MAYOR ATTEST: JUDITH A PYLE, CMC CITY CLERK (Corporate Seal) Page 17 of 675 3.F ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS 3/21/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 3/21/2017 REQUESTED ACTION BY COMMISSION: Proclaim March as American Red Cross Month EXPLANATION OF REQUEST: The American Red Cross prevents and alleviates human suffering in the face of emergencies by mobilizing the power of volunteers and the generosity of donors. The American Red Cross, through its strong network of volunteers, donors and partners, is always there in times of need. We aspire to turn compassion into action so that... all people affected by disaster across the country and around the world receive care, shelter and hope; our communities are ready and prepared for disasters; everyone in our country has access to safe, lifesaving blood and blood products; all members of our armed services and their families find support and comfort whenever needed; and in an emergency, there are always trained individuals nearby, ready to use their Red Cross skills to save lives. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? No FISCAL IMPACT: None ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 18 of 675 ATTACHMENTS: Type Description D Proclamation Proclamation REVIEWERS: Department Reviewer Action Date City Clerk Pyle, Judith Approved 3/14/2017 ® 2:46 PM Finance Howard, Tim Approved 3/14/2017 ® 3:25 PM City Manager LaVerriere, Lori Approved 3/17/2017 ® 9:58 AM Page 19 of 675 In the City of Boynton Beach, we have a long history of helping our neighbhors in need. American Red Cross Month is a special time to recognize and thank our heroes — those Red Cross volunteers and donors who give of their time and resources to help community members. These heroes help families find shelter after a home fire. They give blood to help trauma victims and cancer patients. They deliver comfort items to military members in the hospital. They use their lifesaving skills to save someone from a heart attack, drowning or choking. They enable children around the globe to be vaccinated against measles and rubella. The American Red Cross depends on local heroes to deliver help and hope during a disaster. We applaud our heroes here in the City of Boynton Beach who gives of themselves to assist their neighbors when they need a helping hand. Across the country and around the world, the American Red Cross responds to disasters big and small. In fact, every eight minutes the organization responds to a community disaster, providing shelter, food, emotional support and other necessities to those affected. It collects nearly 40 percent of the nation's blood supply; provides 24-hour support to military members, veterans and their families; teaches millions lifesaving skills, such as lifeguarding and CPR; and through its Restoring Family Links program, connects family members separated by crisis, conflict or migration. We dedicate the month of March to all those who support the American Red Cross mission to prevent and alleviate human suffering in the face of emergencies. Our community depends on the American Red Cross, which relies on donations of time, money and blood to fulfill its humanitarian mission. Now, therefore, I, Steven B. Grant, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Florida, hereby proclaim the month of March 2017 as: American Red Cross Month and urge all citizens to support this organization's noble humanitarian mission down the street, across the country and around the world In witness whereof, I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, the 21' day of March, Two Thousand Seventeen. ATTEST: Judith A. Pyle, CMC City Clerk (Corporate Seal) Steven B. Grant, Mayor Page 20 of 675 3.G. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS 3/21/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 3/21/2017 REQUESTED ACTION BY COMMISSION: Proclaim April 5, 2017 as Arbor Day EXPLANATION OF REQUEST: Approve and present Proclamation for Arbor Day Celebration. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? An Arbor Day celebration will be held on April 5th, 2017 at Intracoastal Park starting at 9:30 am. Congress Middle School students and the Boynton Beach Garden Club will be planting royal Poinciana and live oak trees. It will build awareness of the importance of trees, improve the environment while enhancing the park. FISCAL IMPACT: Budgeted Funding is budgeted thru the Forestry and Grounds account number 001-2730- 572-52-26 in the amount of $1,400 for trees and staking materials. ALTERNATIVES: This celebration is necessary as one of the requirements of being Tree City USA. This will be the City's 34th year of planting trees for Arbor Day. The Proclamation gives recognition of Arbor Day. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Proclamation REVIEWERS: Department Public Works Description Proclamation - Arbor Day Reviewer Action Date Livergood, Jeffrey Approved 3/13/2017 - 11:17 AM Page 21 of 675 Finance Howard, Tim Approved 3/13/2017 ® 11:43 AM City Manager LaVerriere, Lori Approved 3/17/2017 ® 9:58 AM Page 22 of 675 Procfamation WHEREAS, in 1872 J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees; and WHEREAS, this holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska; and WHEREAS, Arbor Day is now observed throughout the nation and the world; and WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce oxygen, and provide habitat for wildlife; and WHEREAS, trees are a renewable resource giving us paper, wood for our homes, fuel for our fires and countless other wood products; and WHEREAS, trees in our City increase property values, enhance the economic vitality of business areas, and beautify our community; and WHEREAS, trees, wherever they are planted, are a source of joy and spiritual renewal. NOW, THEREFORE, I, Steven Grant, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Florida, hereby proclaim April 5, 2017 as: ARBOR DA Y in the City of Boynton Beach, and I urge all citizens to support efforts to protect our trees and woodlands and to support our City's urban forestry program; and FURTHER, I urge all citizens to plant trees to gladden the hearts and promote the well-being of present and future generations. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida to be affixed this 21s' day of March, Two Thousand Seventeen. Steven Grant, Mayor ATTEST: Judith A. Pyle, CMC City Clerk (Corporate Seal) Page 23 of 675 Page 24 of 675 3. H. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS 3/21/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 3/21/2017 REQUESTED ACTION BY COMMISSION: Presentation of Certificate to City Commission by Dr. Alina Alonso, Director of Florida Department of Health in Palm Beach County, recognizing the City of Boynton Beach as a Healthiest Weight Community Champion. EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: REVIEWERS: Department Human Resources Finance City Manager Reviewer Action Date Oldbury, Julie Approved 3/13/2017 ® 8:43 AM Howard, Tim Approved 3/13/2017 ® 10:23 AM LaVerriere, Lori Approved 3/17/2017 ® 9:55 AM Page 25 of 675 3.1. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS 3/21/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 3/21/2017 REQUESTED ACTION BY COMMISSION: Boynton Beach Fire Rescue Department and the members of the Boynton Beach Professional Firefighters IAFF Local 1891 check presentation of the funds raised in the annual "Fill the Boot" charity fund raising event for the Muscular Dystrophy Association. EXPLANATION OF REQUEST: Boynton Beach Fire Rescue and Local 1891 participated in the annual "Fill the Boot" fund raising event for MDA. We are presenting the funds raised by the Fire Department from the generous residents and visitors of this community during the February "Boot Drive." The donation represents many hours of dedicated work by the members of the fire department to help find a cure for muscular dystrophy. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: Non -budgeted N/A ALTERNATIVES: N/A STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: REVIEWERS: Department Fire Finance City Manager Reviewer Action Date Joseph, Glenn Approved 3/14/2017 - 2:02 PM Howard, Tim Approved 3/14/2017 - 2:34 PM LaVerriere, Lori Approved 3/17/2017 - 9:59 AM Page 26 of 675 5.A. ADMINISTRATIVE 3/21/2017 REQUESTED ACTION BY COMMISSION: Appoint eligible members of the community to serve in vacant positions on City advisory boards. The following Regular (Reg) and Alternate (Alt) Student (Stu) and Nonvoting Stu (N/V Stu) openings exist: Arts Commission: 1 Alt Building Board of Adjustments & Appeals: 1 Reg and 2 Alts Library Bd: 2 Alts Recreation & Parks Bd: 2 Alts Senior Advisory Bd: 1 Reg and 2 Alts EXPLANATION OF REQUEST: The attached list contains the names of those who have applied for vacancies on the various Advisory Boards. A list of vacancies is provided with the designated Commission members having responsibility for the appointment to fill each vacancy. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Appointments are necessary to keep our Advisory Board full and operating as effectively as possible. FISCAL IMPACT: Non -budgeted None ALTERNATIVES: Allow vacancies to remain unfilled. STRATEGIC PLAN: High Performing City Organization STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description Page 27 of 675 REVIEWERS: Department City Clerk Reviewer Appointments 3-21-17 Action Approved Date 3/14/2017 ® 3:47 PM Page 28 of 675 APPOINTMENTS AND APPLICANTS FOR MARCH 21, 2017 Arts Commission I Katz Alt Applicants None 1 yr term to 12/17 Tabled (2) Building Board of Adjustments and Appeals III Romelus Reg 3 yr term to 12/19 Tabled (2) IV Casello Alt 1 yr term to 12/17 Tabled (2) Mayor Grant Alt 1 yr term to 12/17 Tabled (2) Applicants None Library Board II McCray Alt III Romelus Alt Applicants None Recreation & Parks Board IV Casello Alt Mayor Grant Alt Applicants None Senior Advisory Board II McCray Reg Mayor Grant Alt I Katz Alt Applicants None 1 yr term to 12/17 Tabled (2) 1 yr term to 12/17 Tabled (2) 1 yr term to 12/17 Tabled (2) 1 yr term to 12/17 Tabled (2) 2 yr term to 12/18 Tabled (2) 1 yr term to 12/17 Tabled (3) 1 yr term to 12/17 Tabled (3) Page 29 of 675 CONSENTAGENDA 3/21/2017 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R17-027 -Authorize the execution of a fourth amendment to the lease agreement for telecommunications tower site with Verizon Wireless Personal Communications LP d/b/a Verizon Wireless to sublease to American Tower Corporation and to allow four (4) additional five-year terms, thereby extending the lease agreement 20 years to June 17, 2041 for the existing telecommunications tower at 415 NE 4th Street. EXPLANATION OF REQUEST: The subject property has been leased from the City by Primeco Personal Communications LP (and later Verizon) since June, 1996 for a telecommunications tower on the City's former Animal Shelter location near the northwest corner of Federal Highway and Boynton Beach Boulevard (Resolution R96-84). The original lease was for five (5) years with a renewal option for four (4) additional five-year periods, extending the lease to June 17, 2021. The first three lease amendments were addendums to the original lease that clarified details and were signed between August and October 1996. American Tower on behalf of Verizon Wireless requests a fourth amendment to the lease agreement to: (1) allow a sublease to American Tower, and (2) provide for additional renewal terms beyond the original terms, which would extend the lease another 20 years to June 17, 2041. A current survey of the overall site, leased ground area, and associated easements (ingress/egress, utility), including detailed legal descriptions of each are included in this amendment, updating and replacing the exhibits from the 1996 lease agreement. Verizon is the only carrier currently located on the 150 foot monopole tower and their existing ground lease area of 400 square feet will not increase in size. The proposed fourth amendment has been reviewed by the City's Tower Siting Review Team, and has been revised to the satisfaction of both parties including the City Attorney. The lease is non -terminable by the City except for default when Tenant fails to cure following notice. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: Currently rent is paid on an annual basis, the last annual payment that was made on May 23, 2016 was for $19,117.85 for the time period June 12, 2016 to June 11, 2017. This increased from $18,051.08 for the last 5 year term and the $19,117.85 will be the annual rent for the last term . In addition to extending the lease term to 2041, the proposed lease amendment increases the annual rent escalation. The rent would be increased annually by five percent (5%) over the annual rent that was in affect for the previous year beginning on June 18, 2021 (at the start of the new terms). Rent under the current lease for last year ending June 17, 2021 will be $19,117.85. Rent for year beginning June 18, 2021 with the 5% escalation clause would be $20,073.74, then increases 5% per year through June 17, 2041. Future rent for this lease (period covering from 2021 to 2041) would generate a total of $663,757.45 for the City. Page 30 of 675 To increase future revenue for the City, the proposed amendment includes a new clause that would require any future co -locators on the tower to have a separate lease agreement with the City. In consideration for amending the agreement Tenant agrees to pay the City a lump sum of $20,000 within 60 days of full execution of the amendment by both parties. In addition, an application fee of $1,500 for this lease revision was paid to the City at the time of the application submittal in July, 2016. ALTERNATIVES: Not approved (which could result in additional tower sites), or not approve the lease amendment as proposed. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Is this a grant? No Grant Amount: ATTACHMENTS: Type D Amendment D Amendment D Amendment D Amendment D Attachment REVIEWERS: Department Planning & Zoning Finance Legal City Manager Description Resolution approving 4th Amendment to Lease Agreement Proposed Amendment & Exhibits Third Lease Amendment Second Lease Amendment First Lease Amendment Original Lease Reviewer Action Date Rumpf, Michael Approved 2/28/2017 - 10:24 AM Howard, Tim Approved 3/10/2017 - 2:08 PM Swanson, Lynn Approved 3/13/2017 - 2:07 PM LaVerriere, Lori Approved 3/17/2017 - 9:53 AM Page 31 of 675 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 RESOLUTION NO. R17 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO SIGN A FOURTH AMENDMENT TO GROUND LEASE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND VERIZON WIRELESS PERSONAL COMMUNICATIONS LP D/B/A VERIZON WIRELESS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Verizon Wireless Personal Communications LP d/b/a Verizon Wireless, is requesting a Fourth Amendment to the Ground Lease approved in June, 1996, to allow a sublease to American Tower and provide for additional renewal terms beyond the original terms which would extend the lease another 20 years to June 17, 2041 for the existing telecommunications tower at 415 NE 4th Street; and WHEREAS, upon recommendation of staff, the City Commission has determined that it is in the best interests of the residents of the City to execute a Fourth Amendment to Ground Lease Agreement between the City of Boynton Beach and Verizon Wireless Personal Communications LP d/b/a Verizon Wireless; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2: The City Commission of the City of Boynton Beach, Florida does hereby authorize and direct the Mayor and City Clerk to sign a Fourth Amendment to Ground CAProgram Files (X86)\Neevia.Com\Docconverterpro\Temp\NVDC\00386937-E288-4A64-9144-3D38050D8A8D\Boynton Beach.5227.1.Verizon_4th_Amendment_Ground_Lease_Agreement_=Reso.Doc Page 32 of 675 30 Lease Agreement between the City of Boynton Beach and Verizon Wireless Personal 31 Communications LP d/b/a Verizon Wireless, a copy of which Fourth Amendment is attached 32 hereto as Exhibit "A". 33 Section 3. This Resolution shall become effective immediately upon its passage. 34 35 PASSED AND ADOPTED this day of , 2017. 36 37 CITY OF BOYNTON BEACH, FLORIDA 38 39 YES NO 40 41 Mayor — Steven B. Grant 42 43 Vice Mayor — Mack McCray 44 45 Commissioner — Justin Katz 46 47 Commissioner — Christina L. Romelus 48 49 Commissioner — Joe Casello 50 51 52 VOTE 53 54 ATTEST: 55 56 57 58 Judith A. Pyle, CMC 59 City Clerk 60 61 62 63 (Corporate Seal) 64 65 CAProgram Files (X86)\Neevia.Com\Docconverterpro\Temp\NVDC\00386937-E288-4A64-9144-3D38050D8A8D\Boynton Beach.5227.1.Verizon_4th_Amendment_Ground_Lease_Agreement_=Reso.Doc Page 33 of 675 re are by and Return to: American Tower 10 Presidential Way Woburn, MA 01801 Attn: Land Management/Alexandra A. Nichols, Esq ATC Site No: 412268 ■MM= ORB 9418, Page 516 Document No: 96-302708 ATC Site Name: Boynton Beach FL State of Florida Assessor's Parcel No(s): County of Palm Beach 101110 .14 N THIS FOURTH AMENDMENT TO GROUND LEASE AGREEMENT (this "Amendment") dated as of the latter of the signature dates below (the "Effective Date") by and between CITY OF BOYNTON BEACH ("City"), a Florida municipal corporation and Verizon Wireless Personal Communications LP d/b/a Verizon Wireless ("Tenant'), (City and Tenant, collectively, the "Parties"). k1A IA 2 WHEREAS, City owns that certain real property located in Palm Beach County, Florida as further described on Exhibit A, attached hereto and by this reference made a part hereof (the "Parent Parcel"); and WHEREAS, City and Tenant's predecessor -in -interest, Primeco Personal Communications, LP, entered into that certain Lease Agreement dated August 12, 1996 (the "Lease"), as adopted by the City on June 18, 1996 by that certain Resolution No. R96-84 and recorded in ORB 9418 PG 516-528 on August 30, 1996, as amended by that certain Addendum to PCS Site Agreement dated August 19, 1996 (the "First Amendment"), that certain Addendum to Agreement Between City of Boynton Beach and Primeco, Personal Communications dated August 15, 1996 (the "Second Amendment"), and that certain Modification of Lease Agreement for Telecommunication Tower Site dated October 18, 1996 (the "Third Amendment"; the Lease, as amended, collectively, the "Ageement"), pursuant to which Tenant leases a portion of the Parent Parcel and is the beneficiary of certain easements for access and public utilities, all as more particularly described in the Agreement (such portion of the Parent Parcel so leased along Page 34 of 675 with such portion of the Parent Parcel so affected, collectively, the "Site"), which Site is described on Exhibit B, attached hereto and by this reference made a part hereof; and WHEREAS, Tenant, Verizon Communications Inc., a Delaware corporation, and other parties identified therein, entered into a Management Agreement and a Master Prepaid Lease, both with an effective date of March 27, 2015 and both with ATC Sequoia LLC, a Delaware limited liability company ("American Tower"), pursuant to which American Tower manages, operates and maintains, the Site, all as more particularly described therein; and WHEREAS, Tenant has granted American Tower a limited power of attorney (the "POA") to, among other things, prepare, negotiate, execute, deliver, record and/or file certain documents on behalf of Tenant, all as more particularly set forth in the POA; and WHEREAS, Tenant is requesting City's consent to sublease to American Tower; and WHEREAS, the Site may be used for the purpose of constructing, maintaining and operating a communications facility, including tower structures, equipment shelters, cabinets, meter boards, utilities, antennas, equipment, any related improvements and structures and uses incidental thereto; and WHEREAS, the Agreement has an initial term and renewal terms that will expire on June 17, 2021 (the "Original Tenn"), and City and Tenant desire to enter into this Amendment in order to amend the Agreement to, among other things, provide for additional renewal terms beyond the Original Term. NOW THEREFORE, in consideration of the promises and mutual covenants contained herein, the parties agree as follows: 1. Recitals. The foregoing recitals are true and correct in all respects and are hereby made a part of this Amendment for all purposes. 2. Status of Parties/Estoppel. All parties acknowledge that, to the best of its knowledge, the Parties have complied in all material respects with the obligations under the Agreement occurring on or prior to the Effective Date and that, to the best of its knowledge, the Parties are not in default under the terms of the Agreement. 3. Defined Terms. Any capitalized terms not defined herein shall have the meanings ascribed to them in the Agreement. 4. Initial Term Commencement Date. The Parties hereby ratify and affirm that, notwithstanding anything to the contrary in the Agreement, the commencement date for the Initial Term of the Agreement was June 18, 1996. Tenant shall have the option to extend the Agreement for each of four (4) additional five (5) year renewal terms (each a "New Renewal Tenn" and, collectively, the "New Renewal Terms"). The first New Renewal Term shall commence simultaneously with the expiration of the Agreement. Notwithstanding anything to the contrary contained in the Agreement, any New Renewal Terms shall automatically renew unless Tenant notifies City that Tenant elects not to renew the Agreement not less than sixty Page 35 of 675 (60) days prior to the expiration of the then current term. Subject to the terms, provisions, and conditions of the Agreement, and assuming the exercise by Tenant of all New Renewal Terms, the final expiration date of the Agreement would be June 17, 2041. 5. Default. City shall be able to terminate the Agreement only in the event of a default by Tenant, which default is not cured within: (a) ten (10) business days of Tenant's receipt of written notice of a monetary default; or (b) sixty (60) days of Tenant's receipt of written notice of a non -monetary default, provided, however, in the event that Tenant has diligently commenced to cure a non -monetary default within sixty (60) days of Tenant's actual receipt of notice thereof and reasonably requires additional time beyond the 60 -day cure period described herein to effect such cure, Tenant shall have such additional time as is necessary (beyond the 60 -day cure period) to effect the cure. 6. Legal Description; Survey. The Parties hereby agree that the correct legal descriptions for the Parent Parcel, Site and the non-exclusive ingress and egress and utility easements leased by Tenant are as shown on Exhibit C, attached hereto and by this reference made a part hereof. The Parties agree and acknowledge that such description of the Parent Parcel and Site in the Agreement is hereby superseded and replaced in its entirety as of the Effective Date with the description of the Parent Parcel and Site set forth in Exhibits A and B, respectively. In the event of inconsistency or discrepancy between the description of the Parent Parcel or Site set forth in Exhibits A and B and the description of the Parent Parcel or Site in the Agreement, Exhibits A and B shall control. 7. Rent. The Parties hereby acknowledge and agree that all applicable increases and escalations to the rental payments under the Agreement (the "Rent") shall continue in full force and effect through June 17, 2021. Effective June 18, 2021 and on each successive annual anniversary thereof, Rent shall increase by an amount equal to five percent (5%) of the Rent then in effect. Lease: Lease: 8. Section 2.01. The following is hereby added to the end of Section 2.01 of the "CITY shall respond to such request for consent within twenty (20) days of receipt. If CITY does not respond within the aforementioned twenty (20) -day period, CITY's approval shall be deemed granted." 9. Sectio_ 2.11. The following is hereby added to the end of Section 2.11 of the "The third party, at the third party's expense, shall submit to TENANT the following: (a) detailed site plans and plans and specifications setting forth the proposed antennas and other equipment, the height and location of such antennas and other equipment, and the constructions, installation, and other work to be performed on the tower and Property; (b) structural analysis of the tower addressing the installation of additional antennas and other equipment on the tower by the third party and demonstrating that the installation of such antennas and equipment will not exceed the load Page 36 of 675 capacity of the tower; and (c) a list of all frequencies currently or anticipated to be licensed or assigned to the third party by the FCC. The third party shall not install any equipment or commence any work on the tower or the Property until TENANT approves, in writing, the third party's site plans, plans and specifications, structural analysis, and frequencies, such approval to be given in TENANT's reasonable discretion. If TENANT does not approve the third party's site plans, plans and specifications, structural analysis or frequencies, the CITY may not sublicense the tower or Property to such third party. The third party's use of the tower shall be limited to the antennas and other equipment and frequencies approved and agreed upon in advance by TENANT. The third party's installation, use and occupancy of the tower and Property shall be in compliance with all present and future laws, regulations and requirements of all federal state and local authorities, including, without limitation, the FCC. The third party shall assume all risks in connection with the installation, operation, maintenance, repair, replacement, and removal of the third party's antennas and other equipment located on the Property and the tower. The third party shall maintain commercial general liability insurance insuring against liability for personal injury, death, or damage to personal property arising out of the use of the tower or Property by the third party. Such insurance shall provide coverage in an amount of not less than one million dollars ($1,000,000.00) for bodily injury or deal to any one (1) or more persons and in an amount not less than one million dollars ($1,000,000.00) for property damage and shall include a contractual liability endorsement naming TENANT as an additional insured on such policies. All insurance policies shall provide for thirty (30) days' written notice to TENANT prior to cancellation. Certificates of such policies shall be delivered to TENANT prior to the installation of the third party's equipment. Further, the third party shall reimburse TENANT for any damage to the tower, TENANT's equipment, or equipment of TEANT's sublessees, and shall be required to indemnify and hold TENANT harmless from any and all liability, claims, demands, actions, losses, damages, orders, judgments, and any and all costs and expenses including, without limitation, reasonable attorney's fees and costs, arising from or incurred in connection with the claims for injury to persons or property caused by the act or omission of such third party or its respective agents, contractors, or employees including, without limitation, the use of the tower, Property, or third party's equipment or the breach of any contractual obligation to CITY or TENANT. The third party's right to use the tower or Property shall not be assignable. TENANT shall have the right to have a representative present during the installation of the third party's antennas and other equipment. The third party's installation of the third party's antennas and other equipment on the tower and the Property shall be performed on dates and at times and within time frames approved by TENANT in writing and shall not interrupt or interfere with the operation of TENANT's communication system or equipment unless Page 37 of 675 TENANT agrees to such interruption or interference in writing. Owner hereby irrevocably appoints TENANT as CITY's attorney in fact, coupled with an interest to enforce any sublicense provisions against a third party." 10. Consent. To the extent any such consent is required by the Agreement, City hereby consents to: (i) the sublease between Tenant and American Tower; and (ii) the lease- back from American Tower to Tenant for use of portions of the Site. 11. Development. In the event the City elects to develop the Property, the City and the Tenant agree to negotiate in good faith an amendment to the Agreement to provide for the replacement/modification of Tenant's improvements that will permit the redevelopment of the Property. 12. City and Tenant Acknowledgments. Except as modified herein, the Agreement and all provisions contained therein remain in full force and effect and are hereby ratified and affirmed. The Parties hereby agree that no defaults exist under the Agreement. To the extent Tenant needed consent and/or approval from City for any of Tenant's activities at and uses of the site prior to the Effective Date, City's execution of this Amendment is and shall be considered consent to and approval of all such activities and uses. The terms, provisions, and conditions of this Section shall survive the execution and delivery of this Amendment. 13. Notice. The Parties hereby replace any notice address for Tenant under the Agreement with the following: TENANT: American Tower Attn: Land Management Re: ATC Site No. 412268 --- 415 NE 4' St 10 Presidential Way Woburn, MA 01801 with a copy to: American Tower Attn: Legal Department Re: ATC Site No. # 412268 — 415 NE 4' St 116 Huntington Ave. Boston, MA 02116 14. Subleasing. Tenant and American Tower have the right to sublet or assign its rights under the Agreement, as hereby amended, to (a) third party telecommunications facility user(s) without notice to or consent from City, provided however that any such assignment, sublease, or co -location agreement shall be subject to the approval of a separate ground lease between the City and the third party telecommunications facility user(s) for ground space outside of the Property. City shall be entitled to receive one -hundred percent (100%) of the rent derived from any ground lease between City and the third party telecommunications user(s), provided however that City shall not share or otherwise be entitled to receive any rent, revenues, payments, compensation or monies received and/or derived from the sublease, assignment, or co -location agreement between Tenant and/or American Tower and the third Page 38 of 675 party telecommunications facility user(s) for spaced on the monopole/telecommunication tower leased to any such third party by Tenant and/or American Tower. 15. Amendment Consideration. In consideration for amending the Agreement, Tenant agrees to pay City the amount of Twenty Thousand and 00/100 Dollars ($20,000.00) within sixty (60) days of the Effective Date of this Amendment. 16. Representations, Warranties and Covenants of City. City represents, warrants and covenants to Tenant that: (i) to the extent applicable, City is duly organized, validly existing, and in good standing in the jurisdiction in which City was organized, formed, or incorporated, as applicable, and is otherwise in good standing and authorized to transact business in each other jurisdiction in which such qualifications are required; (ii) City has the full power and authority to enter into and perform its obligations under this Amendment and, to the extent applicable, the person(s) executing this Amendment on behalf of City, have the authority to enter into and deliver this Amendment on behalf of City; (iii) no consent, authorization, order, or approval of, or filing or registration with, any governmental authority or other person or entity is required for the execution and delivery by City of this Amendment; (iv) City is the sole owner of the Parent Parcel; and (v) there are no agreements, liens, encumbrances, claims, claims of lien, proceedings, or other matters (whether filed or recorded in the applicable public records or not) related to, encumbering, asserted against, threatened against, and/or pending with respect to the Parent Parcel which do or could (now or any time in the future) adversely impact, limit, and/or impair Tenant's rights under the Agreement, as amended and modified by this Amendment. The representations and warranties of City made in this Section shall survive the execution and delivery of this Amendment. City hereby does and agrees to indemnify Tenant for any damages, losses, costs, fees, expenses, or charges of any kind sustained or incurred by Tenant as a result of the breach of the representations and warranties made herein or if any of the representations and warranties made herein prove to be untrue. The aforementioned indemnification shall survive the execution and delivery of this Amendment. 17. IRS Form W-9. City agrees to provide Tenant with a completed IRS Form W-9, or its equivalent, upon execution of this Amendment and at such other times as may be reasonably requested by Tenant. In the event City's property on which the Site is located is transferred, the succeeding City shall have a duty at the time of such transfer to provide Tenant with a completed IRS Form W-9, or its equivalent, and other related paper work to effect a transfer in rental to the new City. City's failure to provide the IRS Form W-9 within thirty (30) days after Tenant's request shall be considered a default and Tenant may take any reasonable action necessary to comply with IRS regulations including, but not limited to, withholding applicable taxes from rent payments. 18. Construction of Documents. Each party hereto acknowledges that this Amendment shall not be construed in favor of or against the drafter hereof. 19. Remainder of Agreement Unaffected. In all other respects, the remainder of the Agreement shall remain in full force and effect. In the event of any inconsistencies between the Agreement and this Amendment, this Amendment shall control. Page 39 of 675 20. Headings. The headings contained in this Amendment are for reference purposes only and shall not modify or affect this Amendment in any manner whatsoever. 21. Entire Agreement. The Agreement (as amended by this Amendment) embodies the final, entire agreement between the parties with respect to the subject matter of this Amendment, and supersedes any and all prior agreements, representations, understandings and commitments, whether oral or written relating to this subject matter, and may not be contradicted or varied by evidence of prior, contemporaneous or subsequent oral agreements or discussions of or on behalf of the parties to this Amendment. 22. Counterparts. This Amendment may be executed in separate and multiple counterparts, each of which shall be deemed an original but all of which taken together shall be deemed to constitute one and the same instrument. 23. Recordation. Tenant and City agree that a copy of this Amendment (or a Memorandum thereof) shall be recorded in the public records of Palm Beach County, Florida upon execution of this Amendment. The cost for recordation shall be paid by Tenant. 24. Governing Law, Jurisdiction and Venue. The Agreement, as hereby amended, shall be interpreted, construed and enforced pursuant to and in accordance with the laws of the State of Florida. Tenant represents and agrees that it is familiar with all laws, ordinances and regulations. The Agreement, as hereby amended, shall be governed in all respects, whether as to validity, construction, capacity, performance or otherwise by the laws of the State of Florida. Venue for any action arising from or related to the Agreement, as hereby amended, shall be brought in a court of competent jurisdiction in Palm Beach County, Florida, or the closest court of competent jurisdiction thereto. 25. Sovere 9n Immunity. City is a political subdivision of the State of Florida and enjoys sovereign immunity. Nothing in the Agreement, as hereby amended, is intended, nor shall be construed or interpreted, to waive or modify the immunities and limitations on liability provided for in Section 768.28, Florida Statutes, as may be amended from time to time, or any successor statute thereof To the contrary, all terms and provisions contained in the Agreement, as hereby amended, or any disagreement or dispute concerning it, shall be construed or resolved so as to insure City of the limitation from liability provided to the State's subdivisions by state law. 26. Waiver. Notwithstanding anything to the contrary contained herein, in no event shall City or Tenant be liable to the other for, and City and Tenant hereby waive, to the fullest extent permitted under applicable law, the right to recover incidental, consequential (including, without limitation, lost profits, loss of use or loss of business opportunity), punitive, exemplary and similar damages. 27. Tenant's Securitization Rights; Estoppel. City hereby consents to the granting by Tenant of one or more leasehold mortgages, collateral assignments, liens, and/or other security interests (collectively, a "Security Interest") in Tenant's interest in this Agreement, as hereby amended, and all of Tenant's property and fixtures attached to and lying within the Site Page 40 of 675 and further consents to the exercise by Tenant's mortgagee ("Tenant's Mortgagee") of its rights to exercise its remedies, including without limitation foreclosure, with respect to any such Security Interest. City shall recognize the holder of any such Security Interest of which City is given prior written notice (any such holder, a "Holder") as "Tenant" hereunder in the event a Holder succeeds to the interest of Tenant hereunder by the exercise of such remedies. City further agrees to execute a written estoppel certificate within thirty (30) days of written request of the same by Tenant or Holder. Page 41 of 675 IN WITNESS WHEREOF, the undersigned parties have caused this Amendment to be duly executed as of the Effective Date. ATTEST: CITY OF BOYNTON BEACH a Florida municipal corporation By: . ...... By: . ..... __ , City Clerk , Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY LI -A Office of the City Attorney [SIGNATURES CONTINUE ON FOLLOWING PAGE] Page 42 of 675 Print Name: Commonwealth of Massachusetts County of Middlesex Verizoness Personal Communications LP d/b/a Verizon Wireless By: ATC Sequoia LLC a Delaware limited liability company Title: Attorney -in -Fact By: _ Name: Title: Date: On this day of , 201®, before me, the undersigned Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument, the person(s) or the entity upon which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Notary Public Print Name: My commission expires: Page 43 of 675 Iyli.. ■....!' 3. ►NZIOMMN4 Lots 4, 5, and 6. Block 6, Robert Addition to Town of Boynton, according to the Plat thereof as recorded in Plat Book 1, Page 51 of the public records of Palm Beach County, Florida. Address 415 NE 4th Street, Boynton Beach, Florida. Property Control Number: 08-43-45-21-26-006- 0040. Containing 0.5159 acre Site Name: Quantum Park Site #: 91997 Page 44 of 675 MM A parcel of land lying and being in Lot 5, Block 6, Robert Addition to Town of Boynton, according to the Plat Book 1, Page 51 of the Public Records of Palm Beach County, Florida, being more particularly described as follows: Commencing at the southeast corner of Lot 6 of said Block 6, Thence on an assumed bearing of N 88 degrees 03' 06" W along the south line of said Lot 6, 128.30 feet, thence N 01 degrees 56' 54" E 50.94 feet to the point of beginning, thence N 87 degrees 56' 02" W 20.00 feet, thence 02 degrees 03' 58" E 20.00 feet, thence S 87 degrees 56' 02" E 20.00 feet, thence S 02 degrees 03' 58" W 20.00 feet to the point of beginning. Containing 400 square feet or 0.01 acre more or less. 1 Site Name: Quantum Park Site M 91997 Page 45 of 675 [Commences on Following Page] Site Name: Quantum Park Site #: 91997 Page 46 of 675 w—v wK w'op d, ajmv sloe wQAd o SON 1 , 111 No In; "I "I di 110"11 NORTHLAST M A PC Wk) 71 li ;A'e III is En Law, WWI i& 1'sn' wo n"Ixi` oil" .v saw. S 0L�uae�!E� -5 C B SIR! !9 IN !j I Q1 5 jv 2 a of 1100 moll jj 10, :111 Si i A Um S -- SIN MODERN lit 5 i 2 NOR I DINO RF 1 ak;pxl: i OR SON 1 , 111 No In; "I "I di 110"11 NORTHLAST M A PC Wk) 71 li ;A'e III is En Law, WWI i& 1'sn' wo oil" .v saw. R- SON 1 , 111 No In; "I "I di 110"11 NORTHLAST M A PC Wk) 71 li ;A'e III is En Law, WWI i& 1'sn' wo oil" .v I Rat R- -5 C B !9 IN !j Q1 5 jv 2 1100 moll jj 10, :111 Si i lit 5 i 2 NOR I DINO RF 1 SON 1 , 111 No In; "I "I di 110"11 NORTHLAST M A PC Wk) 71 li ;A'e III is En Law, WWI i& L 1 - wo I Rat R- -5 a p ipes B 1100 moll jj 10, :111 Si i lit 5 i 2 NOR I DINO RF 1 ak;pxl: i OR I N01 ill logo OR list PC Po v 11111S NINE 1 I it IN - . I 1w wo 11 Paz 09 is 1 n 111 ill 1, oil 1 No MIN RC -A-E to k`vgw-H %Wfi��512 —j 5, g �15r 5kR"H.1 v., 3e. Q6 7 of 675 P.-8 s;qb!m [IV 'oil di 31v qtuz , W6 M-0 0 th 1 of 675 cm Ful 'C g - IN n! 1112L,11al ia Oa E t; 1 of 675 Prepared by: PrErn Personal Commurdcations Address: 777 Yamato Road Sgite 600 Boca Pat on.Ffonda 33431 WITNESSETH: WHEREAS, a said Lease Agreement for Telecommunications Tower Site has been recorded at Official Records Book 9418, Page 516, of the Public Records of Palm Beach County, Florida. WHEREAS, the parties now desire to amend certain terms of the recorded Lease Agreement for Telecommunication Tower Site, NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: . 1. Exhibit "A" (attached) shall be added to and made a part of the Lease Agreement for Telecommunication Tower Site indicating the leased premises. IN WITNESS WHEREOF, the parties have caused this Modification Agreement to be executed as of the date first above written. Page 49 of 675 The foregoing instrument was acknowledged .r,rlt before me of , , , t is RtT2nR!, ,1M t to me or has produced -- as identificatii" (AFFIX NOTARIAL ) IS SUZANNE H. KRUSE p OMMI$SIM a AA Janumy 4 ti rR" SONEDIM M FM WWAM,1 STATE OF FLORIDA COUNTY F PALM BEACH Commission Number: The foregoing instrumentbefore me this Q dayof s PDA g WVA e low Commission Number,__ Page 50 of 675 APDENl11W—jQ FC51DJAGREEMEM Site Name: MY OF BOYNTON BEACH Location: Bicentennial Park - U.& I and N.E. Third Avenue, Boynton Beach, Fl, L Personal Property, Real Estate and Intangible Taxes: PRWECO will pay all personal property and intwWble taxes levied or assessed on the PCS system. PREMECO will pay any increase in Owner's real estate taxes directly attributable to the PCS installation. WIN iWIMM, FIVE THOUSAND AND N01100 ($75,000) This lump suza payment shall constitute the advance rental payment by TENANT for the initial five year lease term. 4. Addendum Controls: In the event of a conflict betw= PCS Site Agreement and this Addendum, this Addendum shall control. 5® PCS Agreenumt Remains in Effw: All tmw and conditions of the PCS Site Agreement and Exhibits thereto which are not inconsistent herewith remain in &D force and effea Page 51 of 675 � r � • - lar parties,THIS ADDENDUM modifies and amends the Agreement entered into by the ! THIRD1. - LICENSE OF TOWER TO PARTIES.request,to PCS's approval which shall not be _. - - limitedthe initial term and any extended terms of this Agreement a -lice, n -se- to one third party, pursuant t which license the third party may occupy that portion of the Tower structure permitted by PCS. The third party shall, prior to installing its equipment on the Tower execute a License Agreement satisfactory to PCS which agreement shall contain, but not be to, thefollowing - and conditions. A- The third party, a the third party's expense, shall submit to PCS the following: (a) detailed site plans and plans and specifications setting forth the proposed antennas and other equipmeM the height and location of such antennas and other equipment and other equipment, and the construction, installation and other work to be performed an the Tower and Leased Prop", (b) a structural analysis of the Tower addressing the installation of additional antennas and other equipment on the Tower by the third party and demonstrating that the installation of such antennas and equipment will not exceed the load capacity of the Tower, and (c) a list of all frequencies currently or anticipated to be licensed or assigned to the third party by the FCC. The third party shall not install any equipment or commence any work an the Tower or the Leased Property until PCS approves, in writing, the third party's site plans, plans and specifications, structural analysis and frequencies, such approval to be given in PCS's reasonable discretion. If PCS does not approve the third party's site plans, plans and specifications, structural analysis or frequencies, the Owner may not sublicense the Tower or Leased Property tosuch/ • • B. The third partys use of Ahe tower shall be limited to the antennas and to paragraph I above. C. The third party's installatior, use and occupancy of the Tower and requirements of all federal, state and local authorities, including, without limitation, the 0The third party ! # partyinstallation, operation, maintenance, repair, replacement, and removal of the third party's antenna and other equipment located an the Leased Property and the Tower. The third • general liabilityinsuranceinsuringagainstliability for personal injury, death or damage to personaf property arising out of use of the Tower or Page 52 of 675 - •-' • • • • - • - • •• l • file • • •*- •_ _•ter _ • _ •- _ •• 1'_ _ _• ••I - '" _ • • _ _• • _!•reasonableattorney's- d r. • • - - • or its respective agents, contractors or employees including, without limitation, the use of the Tower, leased property or third party's equipment or the breach of any contractual obligation to Owner or PCS. E. The third party's dght to use the Tower or Leased Property shall not be assignable. F. PCS shall have the • to have a representativepresent during installation of the third party's antennas and other equipment G. The third partys installation of the third party's antennas and other equipment on the Tower and the Leased Property shall be performed an dates and at times and within time frames approved by PCS in writing and shall not interrupt or interfere with the operation of PCS's communications system or PCS's equipment unless PCS agreestosuch interruptionor interferencein writing. licenseH. The to the third party shall be • •-nt upon the execution of an appropriate ground lease agreement between the third party and the CITY. 1. AJI rentals received by PCS from the license of the Tower to the third party shall be retained in their entirety by PCS. All rentals received by the C 17Y pursuaM to the ground lease between the CITY and the third party st,1211 be retained in their entirety by PRIMEL CC MU CATIO DATED: Page 53 of 675 AUG -30-1996 10:19am 96-302708 ORB 9 418 Ps 516 I Jl■l [milli 111111 111 ■If LEASE AGREEMENT FOR TELECOMMUNICATION TOWER SITE THIS LEASE AGREEMENT (the "Agreement"), made and entered into this the day of,196 by and between: CITY OF BOYNTON BEACH, FLORIDA a municipal corporation (Hereinafter referred to as "CITY") O AND PrimeCo Personal Communications VYamato Road, Suite 600 11 Raton, Florida 33431 ( ' fter referred to as "TENANT") WHEREAS, CITY is t r of a certain real property located at Bicentennial Park, U.S. I and N.E. Third A ynton Beach, Florida 33435, Palm Beach County, Florida; and WHEREAS, TENANT desilease a portion of said real property to construct, operate, and maintain telecom ications tower and support equipment; and WHEREAS, CITY staff has revie TENANT lease a portion of said real p and request of TENANT and recommends that WHEREAS, the City Commission concbj it in the best interest of the City of Boynton to TENANT; and WHEREAS, CITY and TENANT have a portion of said real property; and WHEREAS, CITY and TENANT desire to red therefore, recommendation of staff and deems lease a portion of said real property understanding for the leasing of nding to writing; now Page 54 of 675. ORB 9418 Pg 517 IN CONSIDERATION OF Ten ($10.00) Dollars, in hand paid by TENANT to CITY, as well as the mutual covenants hereinafter exchanged, the parties agree as follows: Section 1. REAL PROPERTY TO BE LEASED 1.01 CITY shall lease to TENANT that certain parcel of real property, situated in Boynton Bpqch, Palm Beach County, Florida, together with a nonexclusive easement for ingress ress, seven (7) days a week, twenty-four (24) hours a day, on foot or motor vehiing trucks, and for installation and'maintenance of utility wires, cables, condu s over, under or along twenty (20') foot wide easement extending from nearest right-of-way (more particularly described in Exhibit A), which is , to the leased property and right-of-way for access are herein ed to as the °Property'. The said Property is located at Bicentennial Park, U.S. 1 iM Third Avenue, in the City of Boynton Beach. 0 Section 2. DU AND RESPONSIBILITIES OF TENANT 2.01 TEN shall use the Property for the purpose of constructing, maintaining and operating a telecoruni4nications tower and uses incidental thereto, consisting of a structure or structures, ssary now or in the future, to house its telecommunications equipment, a 150 foot freestanding antenna support structure (pole) to meet TENANT's teiecommuni ti needs and all necessary connecting appurtenances. TENANT upon the approv ITY may modify its antenna support structure and building(s); said approval sh not be unreasonably withheld by CITY. 2.02 TENANT shall plc ound the perimeter of the Property a security fence of chain-link construction, or simila t comparable construction, which meets the requirements of the Code of the Ci ynton Beach. 2.03 TENANT shall be respon 't! e soil borings and similar tests which may be required as a condition of construction=P-Z penses related to its improvements which may thereafter be constructed up 2.04 TENANT shall maintain the Proasonable condition and meet all requirements imposed by ordinances of th"i" oynton Beach and Palm Beach County, Florida. 2,05 The CITY also reserves the right to ai" have installed other antennas for government usage shall be placed at an elevation as to provide the most not unreasonably withheld; provided, however, the CIT) interfere with TENANT'S operations on the Property, emergency generator on the Property, the CITY may 2 during the lease, install or NANT's tower. All antennas ase and with such approval another antennas shall not d TENANT install an and connect only its Page 55 of 675 ORB 9418 Ps 518 communications equipment to TENANT'S emergency generator. 2.06 TENANT shall furnish, to its unmanned equipment structure, electric or telephone service for the operation of TENANT's telecommunications equipment. TENANT shall be solely liable for electricity expenses relating to its installation and equipment TENANT's electrical service shall be separately metered, and TENANT shall be respon ' le for all costs associated with metering, including the cost of installing any meter. If JOANT should install any emergency generators at this Property, said gener mai comply with Palm Beach County's Weilfield Protection Ordinance. 2VNANT shall submit all required applications for permits to the applicable CITY an � departments for review and approval and required fees. 2.08 will be responsible for making any necessary returns for and paying any and all property esaseparately levied or assessed against its improvements on the Property. TE reimburse CITY, as additional rent, its proportionate share of any increase in real a levied against the Property in excess of the taxes due for the 1996 real estate t on the real property in which the Property is a part and against TENANT's improvemQnw*the taxing authorities. 2.09 TENANT, VD rmination of this Agreement, shall, within a reasonable period, remove its person and fixtures and restore the property to its original condition, reasonable wear excepted. At CITY's option, when this Agreement is terminated and upon CITY's va written notice to TENANT, TENANT will leave the foundation, the tower structure a rity fence, to become property of CITY. TENANT shall pay rent at the then existin nihly rate cr on the existing monthly pro rata basis, if based upon a longer payment term, such time as the removal of personal property and fixtures are completed. 2.10 TENANT shall keep the Pier performed, materials furnished, or obligati r : within twenty (20) days following the im released of record by payment or posting of TENANT to perform on the Property shall be so that no mechanics or other lien shall be i of its consent to such work. CITY shall responsible for payment for any such work. e from any liens arising out of any work tired by or for TENANT. TENANT shall, of,qny such lien, cause the same to be r bond. No work which CITY permits for the use and benefit of CITY �nst the estate of CITY by reason , ht to post notices that it is not 2.11 CITY hereby grants TENANT as a priducement to the TENANT's entering into this Agreement, the first priority right to i tai ' antennas and operate its telecommunications tower at the Property. From time to ti may grant to itself and to other entities the right to operate telecommunicationsat the Property and/or the right to install antennas in connection with the operati uch facilities or other Page 56 of 675 ORB 9416 l'9 519 communications facilities; provided, however that CITY shall not allow the operation of such facilities and antennas by other tenants to interfere with the operation of TENANT's anb rvw. and equipment as it gi sts at the time of such other tenant's installation or as it may be modified at any time.during the term of this Agreement, as the some may be extended.- If any such interference occurs, CITY agrees to eliminate, if the additional equIpment -11s.operated by the -City, or cause the elimination of, if such equipment is operated Jw a third party, such interference with TENANT'S operations within a < roesonable after receipt of TENANT's notioe of such interference and, if necessary, to sting party to cease its operations. If such interference continues for more ulaq(30) days after TENANT'S notice to CITY with respect to such Interfei, TENANT shall have the right, in addition to its right to pursue any or all remedies to it at low or in equity, to immediately terminate this Agreement by giving writt to CITY of such termination. The CITY hereby also agrees that the TENANT has ligation or requirements to upgrade or modify the Tower to facilitate the use of the Tower flqrdther entities which the CITY may authorize. Any or all costs associated there"' all be bome by parties other than the TENANT. 2.12 CITY *ine that, if because of TENANT's operations on the Property any laws or regulationral Aviation Administration, Federal Communications Commission or any ofgovemmental agency or body require or recommend that TENANT's antennTower be lit and/or marked, TENANT may install and maintain such lighting In no event, however, shall TENANT be responsible for the installation or mf any lighting or markings required by the operations of CITY or any other ter. CITY will permit TENANT access to all portions of the Tower that TENANT m in order to check and replace such required or recommended lighting or markin Section 3. DUTIES AND RESPO 3.01 CITY shall cooperate with and other approvals that may be requi 3.02 CITY shall grant TENANT the requirements to submit the applications for ES OF CITY in its effort to obtain certificates, permits pfederal, state or County authorities. 0 3.03 CITY shall cooperate with TENANT ii said right-of-way, including signing such document any public utility is unable to use -the aforementioned `' to grant an additional right-of-way, either to the TE the TENANT. ec0on 4. ACKNOWLEDGMENT 4 said property in order to meet rt to obtain utility services along nts as may be required by ray, the CITY hereby agrees or to public utility, at no cost to 0 Page 57 of 675 . ORB 9418 As 520 4.01 CITY and TENANT acknowledge that TENANT'S ability to use the Property is contingent upon TENANT obtaining, after the execution of this Agreement, all the certificates, permits and other approvals that are required by any federal, state and/or local authorities. In the. event that any certificate, , permit or approval issued to TENANT is candled, expires, lapses or is otherwise withdrawn or terminated by a governmental authority, so that TENANT is unable to use said real propertyfior its intended purpose, TENANT*alI have the right to terminate this Agreement pursuant to, Section 7.01. rior to the submittal of the application for the required building permit, TE have the right to perform or caused to be performed and shall have compet of the Property and the adjacent areas in order to determine v��ether �nated by hazardous substances or pollutants. If the assessment reveals the of hazardous substances or pollutants beyond levels acceptable to TENANT an er applicable environmental laws, TENANT shall have the right to terminate this AgregAt pursuant to Section 7.01-. 4.03 CInants that CITY has good and sufficient title and interest to the property and ha*fuuaut rity to enter into and execute this Agreement. CITY further covenants that there er liens, judgements or impediments of title on the Property. Section S. TERM OF 'A4"ENT 5.01 This Agreement is ve dune 18, 1996, for an initial term of five years (5) years, expiring on dune 18, 20 5.02 TENANT shall have Li. o extend this Agreement for four (4) additional Five (5) year terms. Such ll automatically occur unless TENANT gives written notice to the other party o i sn not to extend this Agreement at least six (6) months prior to the end of the cu 5.03 If, at the end of the final year�t bfi term, this Agreement has not been terminated by TENANT giving to the other paleitheby otice of its intention to terminatio at least six (6) months prior to the end of thAgreement shall remain in force and effect upon the same covenants, terms ns. The Agreement shall be for annual terms thereafter unless terminated by giving the other party written notice of its intention to terminate at least sito the end of the term. action 6. CONSIDERATION � 6.01 During the initial five (5) year term, CITY shJN1 d an annual rental fee payment of TWELVE THOUSAND FIVE HUNDRED ANDDOLLARS ($12,500). During each additional five (5) year term the annual rentaa adjusted annually 5 Page 58 of 675 ORB 9418 Pq 521 to equal the purchasing power of the previous year. The basic annual rental fee shall be adjusted by any change in the Index now known as "United States Bureau of tabor Statisfics, Consumer Price Index, for All Urban Consumers," hereinafter referred to as the "Index". Upon the issuance of a Certificate of Occupancy by CITY for TENANTs Communications Facility, TENANT shall in lieu of making the payment of rent for the initial fire y as provided hereinabove, TENANT shall pay to CITY a one time lump sum Pa NTY-FIVE THOUSAND and NOl100 ($75,000). This lump sum payment shal n the advance rental payment by TENANT for the initial five year lease term. O Commencing with the first year extension term (lease year 6) of the Agreeme extended, the annual rental amount shall be adjusted pursuant to the terms of pa4w 6.01 of this Agreement. C� 6 02 A e initial term, each Annual Rent payment shall be submitted to the CITY no later th 1 30) calendar days after the anniversary date of the Certificate of Occupancy. Annu ent payments shall incur a late payment fee of 1.5°% per month (18°% per annum), calcul at om the Certificate of Occupancy anniversary date, for any payment submitted t TY later than the date due. 6.03 This is a n*11 takes assessed against TE other charges and expenses this Lease. Seddon T. TERMINATION 7.01 The TENANT may day written notice prior to the el ease and TENANT shall pay all sales taxes, real estate property, utility charges, cost of maintenance, and all 3ted with the tenant's use of the demised premises of Agreement by providing a ten (10) calendar ation date. 7.02 Prior to the end of each fiv a term, TENANT may terminate this Agreement by providing written notice to th east six (6) months prior to the end of the current term. 7.03 Should TENANT default under anyVaf' rms of this Agreement, CITY may terminate this Agreement for cause by providing a s'050 day written notice to TENANT, however, TENANT shall be given the opportunity tony default within thirty (30) calendar days of receipt of written notice. This Agreehall not be terminated if such default is of a nature that it cannot be cured in thirty dar days and TENANT is . diligently proceeding to cure such defect. 7.04 In the event of termination of this Agreement by T, all rental fees paid 6 Page 59 of 675 ORB 9418 Fs 52.2 Prior to said termination date shall be retained -by the CITY. 7.05 Upon termination, TENANT shall offer CITY first option to purchase said antenna structure and certain remaining improvements for the agreed upon sum of One Hundred ($100.00) Dollars. CITY shall have ninety (90) calendar days from the effective date of termination in which to exercise this option. Seeflon S. INDEMNIFICATION eneral Indemnification: TENANT agrees to indemnify, save and hold harm CITY, its City Commission members, officers, agents and employees, from a all claims, damages, liability, losses, causes of action of any nature whatsoe ith may arise out of, in connection with or because of the use and ;operty by TENANT or its officers, agents, employees or independent contractors is Agreement or the breach of this Agreement by TENANT. Pursuant to its liability, NANTC�hall pay all claims, losses, liens or settlements or judgments, of any nature , in connection therewith including, but not limited to, paralegal fees, attorney's fees to defend all claims or suits, including attomey;s fees on appeal, in the name of Cl en applicable, and shall pay all cost and judgments which may issue thereon at both 'al and appellate levels. Such indemnification shall not be limited to the amoun prehensive general liability insurance which TENANT is required to obtain and greement. This indemnity shall not apply to any claims arising from an act of gro encs or intentional misconduct of the indemnified party. 8.02 Nothing contai herein is intended nor shall be construed to waive CITY'S rights from immunities undermon law or Florida Statutes, 768,26, as amended from time to time. �r So—Won 9, INSURANCE 9.01 TENANT maintains a iI anagement program which provides for comprehensive general liability, prosurance and workers' compensation. Verification of said program has beee to the CITY'S Risk Management Coordinator. The CITY shall receive a lendar day written notice in event of any change in the. current program haa on the breadth of coverage with respect to limitations and any variance with re its of liability, if less than those indicated in the program submitted to the CITY' anager. 9.02 UPON EXECUTION OF THIS AGRVY TENANT, THE CITY OF BOYNTON BEACH SHALL BE NAMED AS AN ADDIT SURED AS ITS INTEREST MAY APPEAR WITH RESPECT TO THE REQ ED COVERAGES AND THE OPERATIONS OF TENANT UNDER THE AGREEMENT SpOon,110, ASSIGNMENT 7 Page 60 of 675 ORB 9418 is 523 10.01 This Agreement may not be sold, subleased, assigned or transferred at any time except to TENANTs principal affiliates or subsidiaries or its principal, or to any company upon which TENANT is merged or .consolidated. As to other parties, this Agreement may not be sold, subleased, assigned or transferred without the written consent of the CITY; such consent shall not be unreasonably withheld. This provision will not preclude TENANT from allowing other parties to co -locate on the Property to Tower, so long as t" Agreement is in effect, the City consents in writing, and the co -located equipmenes not interfere with existing equipment. WITH LAWS. 11. shall comply with all statutes, laws, ordinances, rules, regulations and lawful the United States of America, State of Florida, City of Boynton Beach, Palm Beach , and of any other public authority which may be applicable. 0, Section 12. G ING LAW; VENUE 12.01 The v ity, construction and effect of this Agreement shall be governed by the laws of the State of. # ida. 12.02 Any claim, 'on or dispute arising out of the terms of this Agreement shall be litigated in the Fdicial Circuit in and for Palm Beach County, Florida. Section 13. INSOLVENCY-':' 13.01 In the event that Q er party assignment for the benefit of credits iffei its business or its assets or shall it el under the federal Bankruptcy Act or a or the protection of rights of creditors, option of the other party and immedi terminate and be of no further force and e Section 14. ENTIRE AGREEMENT shall become insolvent, make a general or permit the appointment of a receiver for of, or become subject to, any proceeding r statute of any state relating to insolvency me subject to rehabilitation, then, at the ihnn written notice, this Agreement shall •T0 14,01 This Agreement contains the entire the subject matter hereof, superseding all prior whether oral or written. This Agreement may not otherwise changed nor may any of the terms here instrument executed by both parties. The failure e, a par or to insist on strict performance of any of the covenan conshied as a waiver or relinquishment for the future of election, but the same shall continue and remain in full 8 ding of the parties relating to ication between the parties, d, amended, modified or waived, except by a written t�ek redress for violation of Agreement shall not be giant, term, condition or Page 61 of 675 ORB 9418 P9 524 Jection 16. SEVERABILITY 15.01 Should any part, term or provision of this Agreement be by the courts decided to be invalid, illegal or in conflict with any law of this State, the validity of the remaining to be invalid, illegal or in conflict with any laws of this State, the validity of the remaining to portions or provisions shall not be affected thereby. CES 16.01 notices or other communications required by this Agreement shall be in writing med delivered upon mailing by certified mail, return receipt requested, to the follo . 0=hs and addresses: City Manager itof Boynton Beach Box 310 ton Beach, Florida 33068 WiT COPY T' ames A. Cherof, City Attorney sias, Goren, Cherof, Doody & Ezrol, P.A. aMEast Commercial Boulevard, Suite 200 derdale, Florida 33308 TENANT: PrimeCo PI Communications 777 Yamato ad, Suite 600 Boca Raton, FlqfioaX3431 WITH COPY TO: Jill Jarkesy 1872 S.W. 1 Boca Raton, F= 0 Section 17. OTHER PROVISIONS V J- tMl 17.01 Should the CITY, at any time duringis Agreement, decideto sell all or part of the Property to a purchaser other thansale shall be under and subject to this Agreement and TENANT's rights , and any sale by the CITY of ft portion of this Property underlying the right-of-way her ' anted shall be under and subject to the right of the TENANT in and to such right -o ra 17.02 If the whole of the Property, or such portion them 'll make the Property 9 Page 62 of 675 ORB 9418 is 525 unusable for the purposes herein leased, are condemned by any legally constituted authority for any public use or purpose, then in either of said events the term hereby granted shall cease from the time when possession thereof is taken by public authorities, and rental shall be accounted for as between CITY and TENANT as of that date. Any lesser condemnation shall in no way affect the respective rights and obligations of CITY and TENANT hereunder. Nothing in this provision shall be construed to limit or affect TENANT'"'ght to an award of compensation of any eminent domain proceeding for the taking of ANT'S leasehold interest hereunder. ty covenants that TENANT, on paying the rent and performing the I peaceably and quietly have, hold and enjoy the Property. �'0 17. eys' Fees. If any party obtains a judgement against any other party by reason of of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees d std including paralegal costs, at both the trial and appellate levels. action 18. PU CORDS 18.01 CITY and NT agree that a copy of this Agreement shall be recorded in the Public Records Beach County, Florida, upon execution of this Agreement. The cost for recordation paid by the TENANT. F IN WITNESS WHEREOFarties hereto have caused these presents to be executed, the day and year first a written. ATTEST: CRY Approved as to. Form: ,> yr, GHAftrrmy CITY OF BOYNTON BEACH, FL State of Florida County of Palm Beach The foregoing instrument was acknowledged before me, th igned Notary Public 10 Page 63 of 675 ORB 9418 P9 526 in and for the State of Florida, on this, the• day of-36w,-fM, by Gerald Taylor, and ity CleA, and Mayor, respectively. L�Mat�- NOTARY PUBLIC NoWy UftofnwkW SEAL OFFFICE flWkMUV~ (M I f mmme aI f DGEWMUM IIr11M i*7 Printed, typed or stamped name of Notary Public exactly as commissioned 0 0 Signed, sealed and elivi Individuals who signed are personally known: no identification produced TENANT in the presence of: Jas �He �h� OX" IQ Attested �r WN'd IMP ,r 11 Page 64 of 675 'j r. ORB 9418 Ps 527 STATE OF FLORIDA COUNTY OF Palm Beach I HEREBY CERTIFY that on this. �6 day of lqq(p -before me personally appeared Mje&ELv At. SjWkiAl of PCS, to me personally known to be the individual who executed the foregoing instrument and acknowledged before me that he executed the same for the purposes therein expressed 6b behalf of PCS. wi y — J��" , I*SS my hand and official seal of this day of 0 Public name) OFFICIAL NOTARY SEAL My Commission Expire JOSEPHINE CONDE [NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO. CCZ70532 My COISSION EXP. AM 19.1997 900182 Tower.1se Rev. 6/22/96 6/4/96 6/18/96 Q AIR Page 65 of 675.,.., ORB 9418 Ps 528 • DOROTHY H. WILh` Nj CLERK P8 COUNTYi FL ADDEND10 TQ PCS SITE A REEMENT Site Name: CITY OF BOYNTON BEACH Location: Bicentennial Paris - U.S. I and N.E. Third Avenue, Boynton Beach, FL THIS ADDENDUM modifies and amends the PCS Site Agreement referred to herein as follows: 1.roperty, Real Estate and Intangible Taxes: PRIMECO will pay all personal propertyes levied or assessed on the PCS system. PRIMECO will pay any increase in Owner's It directly attributable to the PCS installation. 2.withstanding anything to the contrary contained herein, rent will commence on the Rent Stant will be paid annually in advance on the Rent Start Date and on each anniversary entDate shall be the earlier of (a) the date which is 30 days after the issuance of a building a or tinstallation of the PCS, or (b) the first day of the month following commencement of physi tion of the Site. The annual rent will be S12,500, partial years to be pro -rated. 2.a Upon ce of a Certificate of Occupancy by CITY for TENANT's Communications Facility, TE in lieu of making the payment of rent for the initial five year term as provided hereinabove, shall pay to CITY a one time lump sum payment of SEVENTY- FIVE THOUSAND AND N0/100 )DOLLARS. This Lump sum payment shall constitute the advance rental payment by TEN or the initial five year lease term. CPI: The annual rent for ewal Term will be the annual rent in effect for the final Term or prior Renewal a the case may be, increased by an amount based upon percent increase of the CPI (C Price Index - U.S. City Averages for Urban Wage 3. year of the Initial the mmulative Earners and Clerical Workers - 1982-84 -I Bureau of Labor Statistics (or reasonable aqui commencement of the Initial Term and the end of Renewal Term, as the case may be, such increase ed by the United States Department of Labor, ex if such index is discontinued)) between the ki"Jerm, or the commencement and end of the ceo 20 percent in any case. 4. Addendum Controls: In the event ofa een PCS Site Agreement and this Addendum, this Addendum shall control. 5. PCS Agreement Remains in Effect: All terms W)6hditions of the PCS Site Agreement and Exhibits thereto which are not inconsistent herewith rem�rce and effect. OWNER: CITY OF BOYNTON BEACLL FLORIDA BY: V SS/Tax No. 59-6000 82 100 East Boynton Beach B ever Boynton Beach, Florida -33425 DATE: Page 66 of 675. M CONSENTAGENDA 3/21/2017 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R17-028 -Authorize the City Manager to sign individual agreements with four (4) firms as a result of RFQ No.: 067-2821-16/TP for Professional Survey and Mapping Services, individual task orders for projects will be issued and submitted to the Commission for approval in accordance with the City's Purchasing policies and procedures. EXPLANATION OF REQUEST: Term of agreement: APRIL 1, 2017 THROUGH MARCH 31, 2020 On January 17, 2017, the City Commission approved the list of top-ranked proposers identified by the Evaluation Committee from the responses received from RFQ No.: 067-2821-16/TP for Professional Survey and Mapping Services, who authorized staff to conduct negotiations with the firms as follows: Wantman Group, Inc. Avirom & Associates, I nc. Whidden Surveying and Mapping, Inc. Engenuity Group, Inc. The RFQ was advertised and submittals were opened on October 14, 2016. The City received thirteen (13) proposals whereby the top four (4) proposers were submitted to City Commission on January 17, 2017 for approval and authorization to move forward with negotiations to establish contract agreements for ongoing services in accordance with Florida Statute 287.055, Consultants' Competitive Negotiations Act. Emphasis was placed on the Schedule of Professional Fees to solidify hourly rates for the initial contract period. Based on comparisons of the submittals by each of the firms, negotiation sessions were deemed unnecessary. Firms that showed higher rates were contacted for discussions. As a result, the Schedule of Professional Fees as attached will be fixed and firm for at least the initial three (3) year period. The Agreement may be renewed for an additional two (2) one-year terms with the same terms and conditions. Individual task orders will be generated at the time specific projects are realized utilizing the Schedule of Professional Fees as the basis for the overall cost of the each task. Task orders will be submitted to the Commission for approval in accordance with the City's Purchasing Policies and Procedures. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This agreements will provide for the issuance of task orders in connection with projects for on-going capital improvements to enhance City-wide operations. Individual task orders in excess of $25,000 will be brought back to Commission for approval in accordance with the Purchasing Policies and Procedures. FISCAL IMPACT. Budgeted Page 67 of 675 The costs of the individual task orders will be paid from approved CIP budgets or other budget sources within the City's adopted budget. ALTERNATIVES: Not approve the contract and re -issue the RFQ. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Resolution Resolution approving Agreements for Professional Surveying and Mapping Services D Agreement Agreement Wantman D Attachment Wantman Rates D Agreement Agreement Avi rorn and Assoc D Attachment Avi rorn and Assoc Rates D Agreement Agreement W hidden D Attachment Whidden Rates D Attachment Engenuity Group Rates D Agreement Agreement Engenuity Group REVIEWERS: Department Reviewer Action Date Finance Howard, Tim Approved 3/13/2017 - 10:22 AM Finance Howard, Tim Approved 3/13/2017 - 10:22 AM Legal Swanson, Lynn Approved 3/13/2017 - 3:42 PM City Manager LaVerriere, Lori Approved 3/17/2017 - 9:55 AM Page 68 of 675 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 RESOLUTION NO. R17 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO SIGN INDIVIDUAL AGREEMENTS WITH FOUR (4) FIRMS FOR PROFESSIONAL SURVEYING AND MAPPING SERVICES AS A RESULT OF RFQ NO. 067-2821-16/TP; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on January 17, 2017, the City Commission approved the list of top ranked proposers identified by the Evaluation Committees from responses received from RFQ No. 067-2821-16/TP for Professional Surveying and Mapping Services; and WHEREAS, the City Commission of the City of Boynton Beach, upon recommendation of staff, hereby deems it to be in the best interests of the citizens and residents of the City of Boynton Beach, to approve and authorize the City Manager to sign individual Agreements with four (4) firms as a result of RFQ No. 067-2821-16/TP for Professional Surveying and Mapping Services with individual task orders for projects to be issued and submitted to the Commission for approval in accordance with the City's Purchasing policies and procedures. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby approve the following firms as being qualified to provide Professional Surveying and Mapping Services to which individual task orders for projects will be issued and submitted CAProgram Files (x86)\neevia.com\docConverterPro\temp\NVDC\645BCF41-3F71-4DFA-BEF5-974472B6328A\Boynton Beach.5229.1. Professional_Surveying_and_Mapping_Services_ _Reso.doc Page 69 of 675 30 to the City Commission for approval in accordance with the City's Purchasing policies and 31 procedures and does authorize the City Manager to sign the individual Agreements: 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 Wantman Group, Inc. Avirom & Associates, Inc. Whidden Surveying and Mapping, Inc. Engenuity Group, Inc. Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of , 2017. CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Mack McCray Commissioner — Justin Katz Commissioner — Christina L. Romelus Commissioner — Joe Casello ATTEST: Judith A. Pyle, CMC City Clerk (Corporate Seal) VOTE YES NO CAProgram Files (x86)\neevia.com\docConverterPro\temp\NVDC\645BCF41-3F71-4DFA-BEF5-974472B6328A\Boynton Beach.5229.1. Professional_Surveying_and_Mapping_Services_ _Reso.doc Page 70 of 675 m z u AGREEMENT FOR PROFESSIONAL SURVEY AND MAPPING SERVICES THIS AGREEMENT is entered into between the CITY of Boynton Beach, hereinafter referred to as "CITY', and "WANTMAN GROUP, INC. d/b/a WGI", hereinafter referred to as "CONSULTANT", in consideration of the mutual benefits, terms, and conditions hereinafter specified. WHEREAS, pursuant to Section 287.055, Florida Statutes, the CITY of Boynton Beach solicited proposals for a non-exclusive Contract to perform professional services with an surveying firm for required services, and WHEREAS, THE CITY issued a Request for Qualifications for PROFESSIONAL SURVEY AND MAPPING SERVICES, RFQ No. 067-2821-16/TP; and WHEREAS, RFQ No. 067-2821-16/TP defined Scope of Services as developing a listing of Professional Surveying and Mapping Firms licensed in the State of Florida to perform a variety of surveying and mapping services for the City on an "as needed basis" through individual task orders/purchase orders based on negotiated rates. WHEREAS, the CITY determined that CONSULTANT was qualified for appointment to perform the scope of services set forth in the Request for Qualifications; and WHEREAS, the CITY Commission on January 17, 2017, determined that CONSULTANTS were qualified for appointment to perform the scope of services set forth in the Request for Qualifications; and WHEREAS, the CITY Manager, through her administrative staff, has successfully negotiated an Agreement with CONSULTANT defining terms and conditions for the performance of consulting and surveying services within the scope of the Request for Qualifications. NOW, THEREFORE, in consideration of the mutual covenants expressed herein, the parties agree as follows: ARTICLE 1 -SERVICES CONSULTANT agrees to perform Professional Surveying Services by way of individual task orders, at the request of the CITY during the term of this Agreement, including the provision of all labor, materials, equipment and supplies. 1 Page 71 of 675 The CITY's Representative during the performance of this Contract shall be Taralyn Pratt, Contract Coordinator telephone (561) 742-6447. ARTICLE 2 - TERM The contract term is three years — APRIL 1, 2017 through MARCH 31, 2020 with the same terms, conditions and negotiated rates for the three year term. The contract may be renewed for two additional one-year terms with the same terms and conditions. The CONSULTANT(S) shall be available to commence services APRIL 1, 2017. ARTICLE 3 - TIME OF PERFORMANCE Work under this Contract shall commence upon the giving of written notice by the CITY to the CONSULTANT by way of an executed task order. CONSULTANT shall perform all services and provide all work product required pursuant to this Agreement and the specific task order, unless an extension of time is granted in writing by the CITY. ARTICLE 4 - PAYMENT The CONSULTANT shall be paid by the CITY for completed work and for services rendered under this agreement as follows: a. Payment for the work provided by CONSULTANT shall be made as provided on Exhibit `A' attached hereto. b. The CONSULTANT may submit vouchers to the CITY once per month during the progress of the Work for partial payment for project completed to date. Such vouchers will be checked by the CITY, and upon approval thereof, payment will be made to the CONSULTANT in the amount approved. c. Final payment of any balance due the CONSULTANT of the total contract price earned will be made promptly upon its ascertainment and verification by the CITY after the completion of the Work under this Agreement and its acceptance by the CITY. d. Payment as provided in this section shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. 7 Page 72 of 675 ARTICLE 5 - OWNERSHIP AND USE OF DOCUMENTS All documents, drawings, specifications and other materials produced by the CONSULTANT in connection with the services rendered under this agreement shall be the property of the CITY whether the project for which they are made is executed or not. The CONSULTANT shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with CONSULTANT's endeavors. Any use of the documents for purposes other than as originally intended by this Agreement, without the written consent of CONSULTANT, shall be at the CITY's sole risk. ARTICLE 6 - FUNDING This Agreement shall remain in full force and effect only as long as the expenditures provided in the Agreement have been appropriated by the CITY in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. ARTICLE 7 -WARRANTIES AND REPRESENTATIONS CONSULTANT represents and warrants to the CITY that it is competent to engage in the scope of services contemplated under this Agreement and that it will retain and assign qualified professionals to all assigned projects during the term of this Agreement. CONSULTANT's services shall meet a standard of care for professional surveying and mapping and related services equal to or exceeding the standard of care for surveying professionals practicing under similar conditions. In submitting its response to the RFQ, CONSULTANT has represented to CITY that certain individuals employed by CONSULTANT shall provide services to CITY pursuant to this Agreement. CITY has relied upon such representations. Therefore, CONSULTANT shall not change the designated Project Manager for any project without the advance written approval of the CITY, which consent may be withheld in the sole and absolute discretion of the CITY. ARTICLE 8 - COMPLIANCE WITH LAWS CONSULTANT shall, in performing the services contemplated by this service Agreement, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this Agreement. ARTICLE 9 - INDEMNIFICATION CONSULTANT shall indemnify, defend and hold harmless the CITY, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including attorney fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to CONSULTANT's own 3 Page 73 of 675 employees, or damage to property occasioned by a negligent act, omission or failure of the CONSULTANT. Neither party to this Agreement shall be liable to any third party claiming directly or through the other respective party, for any special, incidental, indirect or consequential damages of any kind, including but not limited to lost profits or use that my result from this Agreement or out of the services or goods furnished hereunder. ARTICLE 10 - INSURANCE 10.1 During the performance of the services under this Contract, CONSULTANT shall maintain the following insurance policies, and provide originals or certified copies of all policies, and shall be written by an insurance company authorized to do business in Florida. 10.1.1 Worker's Compensation Insurance: The CONSULTANT shall procure and maintain for the life of this Contract, Worker's Compensation Insurance covering all employees with limits meeting all applicable state and federal laws. This coverage shall include Employer's Liability with limits meeting all applicable state and federal laws. This coverage must extend to any sub - CONSULTANT that does not have their own Worker's Compensation and Employer's Liability Insurance. The policy must contain a waiver of subrogation in favor of the CITY of Boynton Beach, executed by the insurance company. 10.1.2 Comprehensive General Liability: The CONSULTANT shall procure and maintain for the life of this Contract, Comprehensive General Liability Insurance. This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and Operations; Independent Contractors, Products Completed Operations and Contractual Liability with specific reference of Article 7, "Indemnification" of this Agreement. This policy shall provide coverage for death, personal injury or property damage that could arise directly or indirectly from the performance of this Agreement. CONSULTANT shall maintain a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury/ and $1,000.000 per occurrence/aggregate for property damage. The general liability insurance shall include the CITY as an additional insured and shall include a provision prohibiting cancellation of the policy upon thirty (30) days prior written notice to the CITY. 10.1.3 Business Automobile Liability: The CONSULTANT shall procure and maintain, for the life of this Contract, Business Automobile Liability Insurance. The CONSULTANT shall maintain a minimum amount of $1,000,000 combined single limit for bodily injury and property damage liability to protect the CONSULTANT from claims 0 Page 74 of 675 for damage for bodily and personal injury, including death, as well as from claims for property damage, which may arise from the ownership, use of maintenance of owned and non -owned automobile, included rented automobiles, whether such operations be by the CONSULTANT or by anyone directly or indirectly employed by the CONSULTANT. 10.1.4 Professional Liability (Errors and Omissions) Insurance: The CONSULTANT shall procure and maintain for the life of this Contract in the minimum amount of $1,000,000 per occurrence. 10.2 It shall be the responsibility of the CONSULTANT to ensure that all sub- contractors comply with the same insurance requirements referenced above. 10.3 In the judgment of the CITY, prevailing conditions warrant the provision by the CONSULTANT of additional liability insurance coverage or coverage which is different in kind, the CITY reserves the right to require the provision by CONSULTANT of an amount of coverage different from the amounts or kind previously required and shall afford written notice of such change in requirements thirty (30) days prior to the date on which the requirements shall take effect. Should the CONSULTANT fail or refuse to satisfy the requirement of changed coverage within the thirty (30) days following the CITY's written notice, the CITY, at its sole option, may terminate the Contract upon written notice to the CONSULTANT, said termination taking effect on the date that the required change in policy coverage would otherwise take effect. 10.4 CONSULTANT shall, for a period of two (2) years following the termination of the Agreement, maintain a "tail coverage" in an amount equal to that described above for Comprehensive Liability Insurance on a claims -made policy only ARTICLE 11 - INDEPENDENT CONTRACTOR 11.1 The CONSULTANT and the CITY agree that the CONSULTANT is an independent CONSULTANT with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither CONSULTANT nor any employee of CONSULTANT shall be entitled to any benefits accorded CITY employees by virtue of the services provided under this 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 CONSULTANT, or any employee of CONSULTANT. 5 Page 75 of 675 11.2 CONSULTANT acknowledges and understands that, as an independent CONSULTANT pursuant to this Agreement, CONSULTANT shall comply with Chapter 119, Florida Statutes, as amended (Public Records). CONSULTANT's obligation includes, but is not limited to CONSULTANT's obligation to preserve public records and make public records available to third parties in addition to the CITY. ARTICLE 12 - COVENANT AGAINST CONTINGENT FEES The CONSULTANT warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this Agreement, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this 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 13 — TRUTH -IN -NEGOTIATION CERTIFICATE 13.1 Execution of this Agreement by the CONSULTANT shall act as the execution of a truth -in -negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Agreement is accurate, complete, and current as of the date of the Agreement and no higher than those charged the CONSULTANT's most favored customer for the same or substantially similar service. 13.2 The said rates and cost shall be adjusted to exclude any significant sums should the CITY determine that the rates and costs were increased due to inaccurate, incomplete, or non-current wage rates or due to inaccurate representations of fees paid to outside CONSULTANT& The CITY shall exercise its rights under this "Certificate" within one (1) year following payment. ARTICLE 14 - DISCRIMINATION PROHIBITED The CONSULTANT, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. Page 76 of 675 ARTICLE 15 -ASSIGNMENT The CONSULTANT shall not sublet or assign any of the services covered by this Agreement without the express written consent of the CITY. ARTICLE 16 - NON -WAIVER A waiver by either CITY or CONSULTANT of any breach of this Agreement shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other or further breach. The making or acceptance of a payment by either party with knowledge of the existence of a default or breach shall not operate or be construed to operate as a waiver of any subsequent default or breach. ARTICLE 17 — TERMINATION 17.1 Termination for Convenience: This Agreement may be terminated by the CITY for convenience, upon ten (10) days of written notice by the terminating party to the other party for such termination in which event the CONSULTANT shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the CONSULTANT abandons the Agreement or causes it to be terminated, CONSULTANT shall indemnify the CITY against loss pertaining to this termination. 17.2 Termination for Default: In addition to all other remedies available to the CITY, this Agreement shall be subject to cancellation by the CITY for cause, should the CONSULTANT neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure continue for a period of thirty (30) days after receipt by CONSULTANT of written notice of such neglect or failure. ARTICLE 18 - DISPUTES Any dispute arising out of the terms or conditions of this Agreement shall be adjudicated within the courts of Florida. Further, this Agreement shall be construed under Florida Law. ARTICLE 19 — UNCONTROLLABLE FORCES 19.1 Neither the CITY nor CONSULTANT 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 7 Page 77 of 675 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. 19.2 Neither party shall, however, be excused from performance if non- performance is due to forces which are preventable, removable, or remediable, and which the non-performing party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The non-performing party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. ARTICLE 20 - NOTICES Notices to the CITY of Boynton Beach shall be sent to the following address: CITY of Boynton Beach Attn: Lori LaVerriere, City Mgr. 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 Notices to CONSULTANT shall be sent to the following address: Wantman Group, Inc. d/b/a WGI 2035 Vista Parkway West Palm Beach, FL 33411 Attn: Patrick Meeds ARTICLE 21 - INTEGRATED AGREEMENT This Agreement, together with the RFQ/RFP and any addenda and/or attachments, represents the entire and integrated agreement between the CITY and the CONSULTANT and supersedes all prior negotiations, representations, or agreements written or oral. This Agreement may be amended only by written instrument signed by both CITY and CONSULTANT. Page 78 of 675 ARTICLE 22 - SOVEREIGN IMMUNITY 22.1 CITY is a political subdivision of the State of Florida and enjoys sovereign immunity. Nothing in the Agreement is intended, nor shall be construed or interpreted, to waive or modify the immunities and limitations on liability provided for in Section 768.28, Florida Statute, as may be emended from time to time, or any successor statute thereof. To the contrary, all terms and provisions contained in the Agreement, or any disagreement or dispute concerning it, shall be construed or resolved so as to insure CITY of the limitation from liability provided to any successor statute thereof. To the contrary, all terms and provision contained in the Agreement, or any disagreement or dispute concerning it, shall be construed or resolved so as to insure CITY of the limitation from liability provided to the State's subdivisions by state law. 22.2 In connection with any litigation or other proceeding arising out of the Agreement, the prevailing party shall be entitled to recover its own costs and attorney fees through and including any appeals and any post- judgment proceedings. CITY's liability for costs and attorney's fees, however, shall not alter or waive CITY's entitlement to sovereign immunity, or extend CITY's liability beyond the limits established in Section 768.28, Florida Statutes, as amended. 1. Claims, disputes or other matters in question between the parties to this Agreement arising out of or relating to this Agreement shall be in a court of law. The CITY does not consent to mediation or arbitration for any matter connected to this Agreement. 2. The parties agree that any action arising out of this Agreement shall take place in Palm Beach County, Florida. THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK E Page 79 of 675 IN WITNESS WHEREOF, the parties hereto have executed this Contract in multiple copies, each of which shall be considered an original on the following dates: DATED this day of , 2017 CITY OF BOYNTON BEACH: Lori LaVerriere, City Manager Attest/Authenticated: Judy Pyle, City Clerk Approved as to Form: James A. Cherof, City Attorney CONSULTANT: Name/Title (Corporate Seal) Attest/Authenticated: Secretary 10 Page 80 of 675 EXHIBIT `A' CONSULTANT'S RATES 11 Page 81 of 675 Professional Survey and Mapping Services RFQ # 067-2821-17/TP Negotiated Rates 17 -Feb -17 Classifications Avirom Engenuity WhiddenBrown& Wa'ntmani Wa I an Subs..... Phillips Whidden Project Director (Principal) $ 185.00 $ 192.00 $ 185.00 $ 190.00 N/A N/A Project Manager $ 140.00 $ 144.00 $ 145.00 $ 140.00 N/A N/A Senior Professional Surveyor/Mapper $ 150.00 $ 156.00 $ 145.00 $ 156.00 N/A $ 145.00 Professional Surveyor/Mapper $ 110.00 $ 122.00 $ 120.00 $ 125.00 $ 130.00 $ 120.00 Survey Technician $ 85.00 $ 89.00 $ 85.00 $ 85.00 $ 90.00 $ 85.00 Survey Crew (2 man) $ 130.00 $ 131.00 $ 130.00 $ 130.00 $ 120.00 $ 130.00 Survey Crew (3 man) $ 150.00 $ 156.00 $ 158.00 $ 160.00 $ 150.00 $ 158.00 GIS Specialist $ 80.00 $ 112.00 $ 91.00 $ 100.00 N/A $ 91.00 CADD Technician $ 87.00 $ 89.00 $ 85.00 $ 85.00 N/A $ 85.00 1 Man Laser Scanner N/A $ 95.00 N/A N/A N/A N/A Laser Survey Crew $ 185.00 $ 170.00 $ 220.00 $ 200.00 N/A $ 220.00 Aerial Photogrammetry N/A N/A $ 150.00 $ 140.00 N/A N/A Direct Cost - Mark-up % Office, Reproduction, Mailing etc. No Mark- up No Mark - up 10% 10% N/A 10% Direct Cost - Mark-up % Sub - consultants 0% 0% 0% 0% N/A 0% Page 82 of 675 m z u AGREEMENT FOR PROFESSIONAL SURVEY AND MAPPING SERVICES THIS AGREEMENT is entered into between the CITY of Boynton Beach, hereinafter referred to as "CITY', and "AVIROM & ASSOCIATES, INC.", hereinafter referred to as "CONSULTANT", in consideration of the mutual benefits, terms, and conditions hereinafter specified. WHEREAS, pursuant to Section 287.055, Florida Statutes, the CITY of Boynton Beach solicited proposals for a non-exclusive Contract to perform professional services with an surveying firm for required services, and WHEREAS, THE CITY issued a Request for Qualifications for PROFESSIONAL SURVEY AND MAPPING SERVICES, RFQ No. 067-2821-16/TP; and WHEREAS, RFQ No. 067-2821-16/TP defined Scope of Services as developing a listing of Professional Surveying and Mapping Firms licensed in the State of Florida to perform a variety of surveying and mapping services for the City on an "as needed basis" through individual task orders/purchase orders based on negotiated rates. WHEREAS, the CITY determined that CONSULTANT was qualified for appointment to perform the scope of services set forth in the Request for Qualifications; and WHEREAS, the CITY Commission on January 17, 2017, determined that CONSULTANTS were qualified for appointment to perform the scope of services set forth in the Request for Qualifications; and WHEREAS, the CITY Manager, through her administrative staff, has successfully negotiated an Agreement with CONSULTANT defining terms and conditions for the performance of consulting and surveying services within the scope of the Request for Qualifications. NOW, THEREFORE, in consideration of the mutual covenants expressed herein, the parties agree as follows: ARTICLE 1 -SERVICES CONSULTANT agrees to perform Professional Surveying Services by way of individual task orders, at the request of the CITY during the term of this Agreement, including the provision of all labor, materials, equipment and supplies. 1 Page 83 of 675 The CITY's Representative during the performance of this Contract shall be Taralyn Pratt, Contract Coordinator telephone (561) 742-6447. ARTICLE 2 - TERM The contract term is three years — APRIL 1, 2017 through MARCH 31, 2020 with the same terms, conditions and negotiated rates for the three year term. The contract may be renewed for two additional one-year terms with the same terms and conditions. The CONSULTANT(S) shall be available to commence services APRIL 1, 2017. ARTICLE 3 - TIME OF PERFORMANCE Work under this Contract shall commence upon the giving of written notice by the CITY to the CONSULTANT by way of an executed task order. CONSULTANT shall perform all services and provide all work product required pursuant to this Agreement and the specific task order, unless an extension of time is granted in writing by the CITY. ARTICLE 4 - PAYMENT The CONSULTANT shall be paid by the CITY for completed work and for services rendered under this agreement as follows: a. Payment for the work provided by CONSULTANT shall be made as provided on Exhibit `A' attached hereto. b. The CONSULTANT may submit vouchers to the CITY once per month during the progress of the Work for partial payment for project completed to date. Such vouchers will be checked by the CITY, and upon approval thereof, payment will be made to the CONSULTANT in the amount approved. c. Final payment of any balance due the CONSULTANT of the total contract price earned will be made promptly upon its ascertainment and verification by the CITY after the completion of the Work under this Agreement and its acceptance by the CITY. d. Payment as provided in this section shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. 7 Page 84 of 675 ARTICLE 5 - OWNERSHIP AND USE OF DOCUMENTS All documents, drawings, specifications and other materials produced by the CONSULTANT in connection with the services rendered under this agreement shall be the property of the CITY whether the project for which they are made is executed or not. The CONSULTANT shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with CONSULTANT's endeavors. Any use of the documents for purposes other than as originally intended by this Agreement, without the written consent of CONSULTANT, shall be at the CITY's sole risk. ARTICLE 6 - FUNDING This Agreement shall remain in full force and effect only as long as the expenditures provided in the Agreement have been appropriated by the CITY in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. ARTICLE 7 -WARRANTIES AND REPRESENTATIONS CONSULTANT represents and warrants to the CITY that it is competent to engage in the scope of services contemplated under this Agreement and that it will retain and assign qualified professionals to all assigned projects during the term of this Agreement. CONSULTANT's services shall meet a standard of care for professional surveying and mapping and related services equal to or exceeding the standard of care for surveying professionals practicing under similar conditions. In submitting its response to the RFQ, CONSULTANT has represented to CITY that certain individuals employed by CONSULTANT shall provide services to CITY pursuant to this Agreement. CITY has relied upon such representations. Therefore, CONSULTANT shall not change the designated Project Manager for any project without the advance written approval of the CITY, which consent may be withheld in the sole and absolute discretion of the CITY. ARTICLE 8 - COMPLIANCE WITH LAWS CONSULTANT shall, in performing the services contemplated by this service Agreement, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this Agreement. ARTICLE 9 - INDEMNIFICATION CONSULTANT shall indemnify, defend and hold harmless the CITY, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including attorney fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to CONSULTANT's own 3 Page 85 of 675 employees, or damage to property occasioned by a negligent act, omission or failure of the CONSULTANT. Neither party to this Agreement shall be liable to any third party claiming directly or through the other respective party, for any special, incidental, indirect or consequential damages of any kind, including but not limited to lost profits or use that my result from this Agreement or out of the services or goods furnished hereunder. ARTICLE 10 - INSURANCE 10.1 During the performance of the services under this Contract, CONSULTANT shall maintain the following insurance policies, and provide originals or certified copies of all policies, and shall be written by an insurance company authorized to do business in Florida. 10.1.1 Worker's Compensation Insurance: The CONSULTANT shall procure and maintain for the life of this Contract, Worker's Compensation Insurance covering all employees with limits meeting all applicable state and federal laws. This coverage shall include Employer's Liability with limits meeting all applicable state and federal laws. This coverage must extend to any sub - CONSULTANT that does not have their own Worker's Compensation and Employer's Liability Insurance. The policy must contain a waiver of subrogation in favor of the CITY of Boynton Beach, executed by the insurance company. 10.1.2 Comprehensive General Liability: The CONSULTANT shall procure and maintain for the life of this Contract, Comprehensive General Liability Insurance. This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and Operations; Independent Contractors, Products Completed Operations and Contractual Liability with specific reference of Article 7, "Indemnification" of this Agreement. This policy shall provide coverage for death, personal injury or property damage that could arise directly or indirectly from the performance of this Agreement. CONSULTANT shall maintain a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury/ and $1,000.000 per occurrence/aggregate for property damage. The general liability insurance shall include the CITY as an additional insured and shall include a provision prohibiting cancellation of the policy upon thirty (30) days prior written notice to the CITY. 10.1.3 Business Automobile Liability: The CONSULTANT shall procure and maintain, for the life of this Contract, Business Automobile Liability Insurance. The CONSULTANT shall maintain a minimum amount of $1,000,000 combined single limit for bodily injury and property damage liability to protect the CONSULTANT from claims 0 Page 86 of 675 for damage for bodily and personal injury, including death, as well as from claims for property damage, which may arise from the ownership, use of maintenance of owned and non -owned automobile, included rented automobiles, whether such operations be by the CONSULTANT or by anyone directly or indirectly employed by the CONSULTANT. 10.1.4 Professional Liability (Errors and Omissions) Insurance: The CONSULTANT shall procure and maintain for the life of this Contract in the minimum amount of $1,000,000 per occurrence. 10.2 It shall be the responsibility of the CONSULTANT to ensure that all sub- contractors comply with the same insurance requirements referenced above. 10.3 In the judgment of the CITY, prevailing conditions warrant the provision by the CONSULTANT of additional liability insurance coverage or coverage which is different in kind, the CITY reserves the right to require the provision by CONSULTANT of an amount of coverage different from the amounts or kind previously required and shall afford written notice of such change in requirements thirty (30) days prior to the date on which the requirements shall take effect. Should the CONSULTANT fail or refuse to satisfy the requirement of changed coverage within the thirty (30) days following the CITY's written notice, the CITY, at its sole option, may terminate the Contract upon written notice to the CONSULTANT, said termination taking effect on the date that the required change in policy coverage would otherwise take effect. 10.4 CONSULTANT shall, for a period of two (2) years following the termination of the Agreement, maintain a "tail coverage" in an amount equal to that described above for Comprehensive Liability Insurance on a claims -made policy only ARTICLE 11 - INDEPENDENT CONTRACTOR 11.1 The CONSULTANT and the CITY agree that the CONSULTANT is an independent CONSULTANT with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither CONSULTANT nor any employee of CONSULTANT shall be entitled to any benefits accorded CITY employees by virtue of the services provided under this 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 CONSULTANT, or any employee of CONSULTANT. 5 Page 87 of 675 11.2 CONSULTANT acknowledges and understands that, as an independent CONSULTANT pursuant to this Agreement, CONSULTANT shall comply with Chapter 119, Florida Statutes, as amended (Public Records). CONSULTANT's obligation includes, but is not limited to CONSULTANT's obligation to preserve public records and make public records available to third parties in addition to the CITY. ARTICLE 12 - COVENANT AGAINST CONTINGENT FEES The CONSULTANT warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this Agreement, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this 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 13 — TRUTH -IN -NEGOTIATION CERTIFICATE 13.1 Execution of this Agreement by the CONSULTANT shall act as the execution of a truth -in -negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Agreement is accurate, complete, and current as of the date of the Agreement and no higher than those charged the CONSULTANT's most favored customer for the same or substantially similar service. 13.2 The said rates and cost shall be adjusted to exclude any significant sums should the CITY determine that the rates and costs were increased due to inaccurate, incomplete, or non-current wage rates or due to inaccurate representations of fees paid to outside CONSULTANT& The CITY shall exercise its rights under this "Certificate" within one (1) year following payment. ARTICLE 14 - DISCRIMINATION PROHIBITED The CONSULTANT, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. Page 88 of 675 ARTICLE 15 -ASSIGNMENT The CONSULTANT shall not sublet or assign any of the services covered by this Agreement without the express written consent of the CITY. ARTICLE 16 - NON -WAIVER A waiver by either CITY or CONSULTANT of any breach of this Agreement shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other or further breach. The making or acceptance of a payment by either party with knowledge of the existence of a default or breach shall not operate or be construed to operate as a waiver of any subsequent default or breach. ARTICLE 17 — TERMINATION 17.1 Termination for Convenience: This Agreement may be terminated by the CITY for convenience, upon ten (10) days of written notice by the terminating party to the other party for such termination in which event the CONSULTANT shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the CONSULTANT abandons the Agreement or causes it to be terminated, CONSULTANT shall indemnify the CITY against loss pertaining to this termination. 17.2 Termination for Default: In addition to all other remedies available to the CITY, this Agreement shall be subject to cancellation by the CITY for cause, should the CONSULTANT neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure continue for a period of thirty (30) days after receipt by CONSULTANT of written notice of such neglect or failure. ARTICLE 18 - DISPUTES Any dispute arising out of the terms or conditions of this Agreement shall be adjudicated within the courts of Florida. Further, this Agreement shall be construed under Florida Law. ARTICLE 19 — UNCONTROLLABLE FORCES 19.1 Neither the CITY nor CONSULTANT 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 7 Page 89 of 675 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. 19.2 Neither party shall, however, be excused from performance if non- performance is due to forces which are preventable, removable, or remediable, and which the non-performing party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The non-performing party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. ARTICLE 20 - NOTICES Notices to the CITY of Boynton Beach shall be sent to the following address: CITY of Boynton Beach Attn: Lori LaVerriere, City Mgr. 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 Notices to CONSULTANT shall be sent to the following address: Avirom & Associates, Inc. 50 SW 2n Avenue, Suite 102 Boca Raton, FL 33432 Attn: Michael D. Avirom ARTICLE 21 - INTEGRATED AGREEMENT This Agreement, together with the RFQ/RFP and any addenda and/or attachments, represents the entire and integrated agreement between the CITY and the CONSULTANT and supersedes all prior negotiations, representations, or agreements written or oral. This Agreement may be amended only by written instrument signed by both CITY and CONSULTANT. Page 90 of 675 ARTICLE 22 - SOVEREIGN IMMUNITY 22.1 CITY is a political subdivision of the State of Florida and enjoys sovereign immunity. Nothing in the Agreement is intended, nor shall be construed or interpreted, to waive or modify the immunities and limitations on liability provided for in Section 768.28, Florida Statute, as may be emended from time to time, or any successor statute thereof. To the contrary, all terms and provisions contained in the Agreement, or any disagreement or dispute concerning it, shall be construed or resolved so as to insure CITY of the limitation from liability provided to any successor statute thereof. To the contrary, all terms and provision contained in the Agreement, or any disagreement or dispute concerning it, shall be construed or resolved so as to insure CITY of the limitation from liability provided to the State's subdivisions by state law. 22.2 In connection with any litigation or other proceeding arising out of the Agreement, the prevailing party shall be entitled to recover its own costs and attorney fees through and including any appeals and any post- judgment proceedings. CITY's liability for costs and attorney's fees, however, shall not alter or waive CITY's entitlement to sovereign immunity, or extend CITY's liability beyond the limits established in Section 768.28, Florida Statutes, as amended. 1. Claims, disputes or other matters in question between the parties to this Agreement arising out of or relating to this Agreement shall be in a court of law. The CITY does not consent to mediation or arbitration for any matter connected to this Agreement. 2. The parties agree that any action arising out of this Agreement shall take place in Palm Beach County, Florida. THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK E Page 91 of 675 IN WITNESS WHEREOF, the parties hereto have executed this Contract in multiple copies, each of which shall be considered an original on the following dates: DATED this day of , 2017 CITY OF BOYNTON BEACH: Lori LaVerriere, City Manager Attest/Authenticated: Judy Pyle, City Clerk Approved as to Form: James A. Cherof, City Attorney CONSULTANT: Name/Title (Corporate Seal) Attest/Authenticated: Secretary 10 Page 92 of 675 EXHIBIT `A' CONSULTANT'S RATES 11 Page 93 of 675 Professional Survey and Mapping Services RFQ # 067-2821-17/TP Negotiated Rates 17 -Feb -17 Classifications Avirom Engenuity WhiddenBrown& Wa'ntmani Wa I an Subs..... Phillips Whidden Project Director (Principal) $ 185.00 $ 192.00 $ 185.00 $ 190.00 N/A N/A Project Manager $ 140.00 $ 144.00 $ 145.00 $ 140.00 N/A N/A Senior Professional Surveyor/Mapper $ 150.00 $ 156.00 $ 145.00 $ 156.00 N/A $ 145.00 Professional Surveyor/Mapper $ 110.00 $ 122.00 $ 120.00 $ 125.00 $ 130.00 $ 120.00 Survey Technician $ 85.00 $ 89.00 $ 85.00 $ 85.00 $ 90.00 $ 85.00 Survey Crew (2 man) $ 130.00 $ 131.00 $ 130.00 $ 130.00 $ 120.00 $ 130.00 Survey Crew (3 man) $ 150.00 $ 156.00 $ 158.00 $ 160.00 $ 150.00 $ 158.00 GIS Specialist $ 80.00 $ 112.00 $ 91.00 $ 100.00 N/A $ 91.00 CADD Technician $ 87.00 $ 89.00 $ 85.00 $ 85.00 N/A $ 85.00 1 Man Laser Scanner N/A $ 95.00 N/A N/A N/A N/A Laser Survey Crew $ 185.00 $ 170.00 $ 220.00 $ 200.00 N/A $ 220.00 Aerial Photogrammetry N/A N/A $ 150.00 $ 140.00 N/A N/A Direct Cost - Mark-up % Office, Reproduction, Mailing etc. No Mark- up No Mark - up 10% 10% N/A 10% Direct Cost - Mark-up % Sub - consultants 0% 0% 0% 0% N/A 0% Page 94 of 675 m z u AGREEMENT FOR PROFESSIONAL SURVEY AND MAPPING SERVICES THIS AGREEMENT is entered into between the CITY of Boynton Beach, hereinafter referred to as "CITY', and "WHIDDEN SURVEYING AND MAPPING, INC.", hereinafter referred to as "CONSULTANT", in consideration of the mutual benefits, terms, and conditions hereinafter specified. WHEREAS, pursuant to Section 287.055, Florida Statutes, the CITY of Boynton Beach solicited proposals for a non-exclusive Contract to perform professional services with an surveying firm for required services, and WHEREAS, THE CITY issued a Request for Qualifications for PROFESSIONAL SURVEY AND MAPPING SERVICES, RFQ No. 067-2821-16/TP; and WHEREAS, RFQ No. 067-2821-16/TP defined Scope of Services as developing a listing of Professional Surveying and Mapping Firms licensed in the State of Florida to perform a variety of surveying and mapping services for the City on an "as needed basis" through individual task orders/purchase orders based on negotiated rates. WHEREAS, the CITY determined that CONSULTANT was qualified for appointment to perform the scope of services set forth in the Request for Qualifications; and WHEREAS, the CITY Commission on January 17, 2017, determined that CONSULTANTS were qualified for appointment to perform the scope of services set forth in the Request for Qualifications; and WHEREAS, the CITY Manager, through her administrative staff, has successfully negotiated an Agreement with CONSULTANT defining terms and conditions for the performance of consulting and surveying services within the scope of the Request for Qualifications. NOW, THEREFORE, in consideration of the mutual covenants expressed herein, the parties agree as follows: ARTICLE 1 -SERVICES CONSULTANT agrees to perform Professional Surveying Services by way of individual task orders, at the request of the CITY during the term of this Agreement, including the provision of all labor, materials, equipment and supplies. 1 Page 95 of 675 The CITY's Representative during the performance of this Contract shall be Taralyn Pratt, Contract Coordinator telephone (561) 742-6447. ARTICLE 2 - TERM The contract term is three years — APRIL 1, 2017 through MARCH 31, 2020 with the same terms, conditions and negotiated rates for the three year term. The contract may be renewed for two additional one-year terms with the same terms and conditions. The CONSULTANT(S) shall be available to commence services APRIL 1, 2017. ARTICLE 3 - TIME OF PERFORMANCE Work under this Contract shall commence upon the giving of written notice by the CITY to the CONSULTANT by way of an executed task order. CONSULTANT shall perform all services and provide all work product required pursuant to this Agreement and the specific task order, unless an extension of time is granted in writing by the CITY. ARTICLE 4 - PAYMENT The CONSULTANT shall be paid by the CITY for completed work and for services rendered under this agreement as follows: a. Payment for the work provided by CONSULTANT shall be made as provided on Exhibit `A' attached hereto. b. The CONSULTANT may submit vouchers to the CITY once per month during the progress of the Work for partial payment for project completed to date. Such vouchers will be checked by the CITY, and upon approval thereof, payment will be made to the CONSULTANT in the amount approved. c. Final payment of any balance due the CONSULTANT of the total contract price earned will be made promptly upon its ascertainment and verification by the CITY after the completion of the Work under this Agreement and its acceptance by the CITY. d. Payment as provided in this section shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. 7 Page 96 of 675 ARTICLE 5 - OWNERSHIP AND USE OF DOCUMENTS All documents, drawings, specifications and other materials produced by the CONSULTANT in connection with the services rendered under this agreement shall be the property of the CITY whether the project for which they are made is executed or not. The CONSULTANT shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with CONSULTANT's endeavors. Any use of the documents for purposes other than as originally intended by this Agreement, without the written consent of CONSULTANT, shall be at the CITY's sole risk. ARTICLE 6 - FUNDING This Agreement shall remain in full force and effect only as long as the expenditures provided in the Agreement have been appropriated by the CITY in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. ARTICLE 7 -WARRANTIES AND REPRESENTATIONS CONSULTANT represents and warrants to the CITY that it is competent to engage in the scope of services contemplated under this Agreement and that it will retain and assign qualified professionals to all assigned projects during the term of this Agreement. CONSULTANT's services shall meet a standard of care for professional surveying and mapping and related services equal to or exceeding the standard of care for surveying professionals practicing under similar conditions. In submitting its response to the RFQ, CONSULTANT has represented to CITY that certain individuals employed by CONSULTANT shall provide services to CITY pursuant to this Agreement. CITY has relied upon such representations. Therefore, CONSULTANT shall not change the designated Project Manager for any project without the advance written approval of the CITY, which consent may be withheld in the sole and absolute discretion of the CITY. ARTICLE 8 - COMPLIANCE WITH LAWS CONSULTANT shall, in performing the services contemplated by this service Agreement, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this Agreement. ARTICLE 9 - INDEMNIFICATION CONSULTANT shall indemnify, defend and hold harmless the CITY, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including attorney fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to CONSULTANT's own 3 Page 97 of 675 employees, or damage to property occasioned by a negligent act, omission or failure of the CONSULTANT. Neither party to this Agreement shall be liable to any third party claiming directly or through the other respective party, for any special, incidental, indirect or consequential damages of any kind, including but not limited to lost profits or use that my result from this Agreement or out of the services or goods furnished hereunder. ARTICLE 10 - INSURANCE 10.1 During the performance of the services under this Contract, CONSULTANT shall maintain the following insurance policies, and provide originals or certified copies of all policies, and shall be written by an insurance company authorized to do business in Florida. 10.1.1 Worker's Compensation Insurance: The CONSULTANT shall procure and maintain for the life of this Contract, Worker's Compensation Insurance covering all employees with limits meeting all applicable state and federal laws. This coverage shall include Employer's Liability with limits meeting all applicable state and federal laws. This coverage must extend to any sub - CONSULTANT that does not have their own Worker's Compensation and Employer's Liability Insurance. The policy must contain a waiver of subrogation in favor of the CITY of Boynton Beach, executed by the insurance company. 10.1.2 Comprehensive General Liability: The CONSULTANT shall procure and maintain for the life of this Contract, Comprehensive General Liability Insurance. This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and Operations; Independent Contractors, Products Completed Operations and Contractual Liability with specific reference of Article 7, "Indemnification" of this Agreement. This policy shall provide coverage for death, personal injury or property damage that could arise directly or indirectly from the performance of this Agreement. CONSULTANT shall maintain a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury/ and $1,000.000 per occurrence/aggregate for property damage. The general liability insurance shall include the CITY as an additional insured and shall include a provision prohibiting cancellation of the policy upon thirty (30) days prior written notice to the CITY. 10.1.3 Business Automobile Liability: The CONSULTANT shall procure and maintain, for the life of this Contract, Business Automobile Liability Insurance. The CONSULTANT shall maintain a minimum amount of $1,000,000 combined single limit for bodily injury and property damage liability to protect the CONSULTANT from claims 0 Page 98 of 675 for damage for bodily and personal injury, including death, as well as from claims for property damage, which may arise from the ownership, use of maintenance of owned and non -owned automobile, included rented automobiles, whether such operations be by the CONSULTANT or by anyone directly or indirectly employed by the CONSULTANT. 10.1.4 Professional Liability (Errors and Omissions) Insurance: The CONSULTANT shall procure and maintain for the life of this Contract in the minimum amount of $1,000,000 per occurrence. 10.2 It shall be the responsibility of the CONSULTANT to ensure that all sub- contractors comply with the same insurance requirements referenced above. 10.3 In the judgment of the CITY, prevailing conditions warrant the provision by the CONSULTANT of additional liability insurance coverage or coverage which is different in kind, the CITY reserves the right to require the provision by CONSULTANT of an amount of coverage different from the amounts or kind previously required and shall afford written notice of such change in requirements thirty (30) days prior to the date on which the requirements shall take effect. Should the CONSULTANT fail or refuse to satisfy the requirement of changed coverage within the thirty (30) days following the CITY's written notice, the CITY, at its sole option, may terminate the Contract upon written notice to the CONSULTANT, said termination taking effect on the date that the required change in policy coverage would otherwise take effect. 10.4 CONSULTANT shall, for a period of two (2) years following the termination of the Agreement, maintain a "tail coverage" in an amount equal to that described above for Comprehensive Liability Insurance on a claims -made policy only ARTICLE 11 - INDEPENDENT CONTRACTOR 11.1 The CONSULTANT and the CITY agree that the CONSULTANT is an independent CONSULTANT with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither CONSULTANT nor any employee of CONSULTANT shall be entitled to any benefits accorded CITY employees by virtue of the services provided under this 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 CONSULTANT, or any employee of CONSULTANT. 5 Page 99 of 675 11.2 CONSULTANT acknowledges and understands that, as an independent CONSULTANT pursuant to this Agreement, CONSULTANT shall comply with Chapter 119, Florida Statutes, as amended (Public Records). CONSULTANT's obligation includes, but is not limited to CONSULTANT's obligation to preserve public records and make public records available to third parties in addition to the CITY. ARTICLE 12 - COVENANT AGAINST CONTINGENT FEES The CONSULTANT warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this Agreement, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this 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 13 — TRUTH -IN -NEGOTIATION CERTIFICATE 13.1 Execution of this Agreement by the CONSULTANT shall act as the execution of a truth -in -negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Agreement is accurate, complete, and current as of the date of the Agreement and no higher than those charged the CONSULTANT's most favored customer for the same or substantially similar service. 13.2 The said rates and cost shall be adjusted to exclude any significant sums should the CITY determine that the rates and costs were increased due to inaccurate, incomplete, or non-current wage rates or due to inaccurate representations of fees paid to outside CONSULTANT& The CITY shall exercise its rights under this "Certificate" within one (1) year following payment. ARTICLE 14 - DISCRIMINATION PROHIBITED The CONSULTANT, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. Page 100 of 675 ARTICLE 15 -ASSIGNMENT The CONSULTANT shall not sublet or assign any of the services covered by this Agreement without the express written consent of the CITY. ARTICLE 16 - NON -WAIVER A waiver by either CITY or CONSULTANT of any breach of this Agreement shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other or further breach. The making or acceptance of a payment by either party with knowledge of the existence of a default or breach shall not operate or be construed to operate as a waiver of any subsequent default or breach. ARTICLE 17 — TERMINATION 17.1 Termination for Convenience: This Agreement may be terminated by the CITY for convenience, upon ten (10) days of written notice by the terminating party to the other party for such termination in which event the CONSULTANT shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the CONSULTANT abandons the Agreement or causes it to be terminated, CONSULTANT shall indemnify the CITY against loss pertaining to this termination. 17.2 Termination for Default: In addition to all other remedies available to the CITY, this Agreement shall be subject to cancellation by the CITY for cause, should the CONSULTANT neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure continue for a period of thirty (30) days after receipt by CONSULTANT of written notice of such neglect or failure. ARTICLE 18 - DISPUTES Any dispute arising out of the terms or conditions of this Agreement shall be adjudicated within the courts of Florida. Further, this Agreement shall be construed under Florida Law. ARTICLE 19 — UNCONTROLLABLE FORCES 19.1 Neither the CITY nor CONSULTANT 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 7 Page 101 of 675 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. 19.2 Neither party shall, however, be excused from performance if non- performance is due to forces which are preventable, removable, or remediable, and which the non-performing party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The non-performing party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. ARTICLE 20 - NOTICES Notices to the CITY of Boynton Beach shall be sent to the following address: CITY of Boynton Beach Attn: Lori LaVerriere, City Mgr. 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 Notices to CONSULTANT shall be sent to the following address: Whidden Surveying & Mapping, Inc. 9200 Belvedere Rd, Suite 114 Royal Palm Beach, FL 33411 Attn: Thomas Whidden ARTICLE 21 - INTEGRATED AGREEMENT This Agreement, together with the RFQ/RFP and any addenda and/or attachments, represents the entire and integrated agreement between the CITY and the CONSULTANT and supersedes all prior negotiations, representations, or agreements written or oral. This Agreement may be amended only by written instrument signed by both CITY and CONSULTANT. Page 102 of 675 ARTICLE 22 - SOVEREIGN IMMUNITY 22.1 CITY is a political subdivision of the State of Florida and enjoys sovereign immunity. Nothing in the Agreement is intended, nor shall be construed or interpreted, to waive or modify the immunities and limitations on liability provided for in Section 768.28, Florida Statute, as may be emended from time to time, or any successor statute thereof. To the contrary, all terms and provisions contained in the Agreement, or any disagreement or dispute concerning it, shall be construed or resolved so as to insure CITY of the limitation from liability provided to any successor statute thereof. To the contrary, all terms and provision contained in the Agreement, or any disagreement or dispute concerning it, shall be construed or resolved so as to insure CITY of the limitation from liability provided to the State's subdivisions by state law. 22.2 In connection with any litigation or other proceeding arising out of the Agreement, the prevailing party shall be entitled to recover its own costs and attorney fees through and including any appeals and any post- judgment proceedings. CITY's liability for costs and attorney's fees, however, shall not alter or waive CITY's entitlement to sovereign immunity, or extend CITY's liability beyond the limits established in Section 768.28, Florida Statutes, as amended. 1. Claims, disputes or other matters in question between the parties to this Agreement arising out of or relating to this Agreement shall be in a court of law. The CITY does not consent to mediation or arbitration for any matter connected to this Agreement. 2. The parties agree that any action arising out of this Agreement shall take place in Palm Beach County, Florida. THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK E Page 103 of 675 IN WITNESS WHEREOF, the parties hereto have executed this Contract in multiple copies, each of which shall be considered an original on the following dates: DATED this day of , 2017 CITY OF BOYNTON BEACH: Lori LaVerriere, City Manager Attest/Authenticated: Judy Pyle, City Clerk Approved as to Form: James A. Cherof, City Attorney CONSULTANT: Name/Title (Corporate Seal) Attest/Authenticated: Secretary 10 Page 104 of 675 EXHIBIT `A' CONSULTANT'S RATES 11 Page 105 of 675 Professional Survey and Mapping Services RFQ # 067-2821-17/TP Negotiated Rates 17 -Feb -17 Classifications Avirom Engenuity WhiddenBrown& Wa'ntmani Wa I an Subs..... Phillips Whidden Project Director (Principal) $ 185.00 $ 192.00 $ 185.00 $ 190.00 N/A N/A Project Manager $ 140.00 $ 144.00 $ 145.00 $ 140.00 N/A N/A Senior Professional Surveyor/Mapper $ 150.00 $ 156.00 $ 145.00 $ 156.00 N/A $ 145.00 Professional Surveyor/Mapper $ 110.00 $ 122.00 $ 120.00 $ 125.00 $ 130.00 $ 120.00 Survey Technician $ 85.00 $ 89.00 $ 85.00 $ 85.00 $ 90.00 $ 85.00 Survey Crew (2 man) $ 130.00 $ 131.00 $ 130.00 $ 130.00 $ 120.00 $ 130.00 Survey Crew (3 man) $ 150.00 $ 156.00 $ 158.00 $ 160.00 $ 150.00 $ 158.00 GIS Specialist $ 80.00 $ 112.00 $ 91.00 $ 100.00 N/A $ 91.00 CADD Technician $ 87.00 $ 89.00 $ 85.00 $ 85.00 N/A $ 85.00 1 Man Laser Scanner N/A $ 95.00 N/A N/A N/A N/A Laser Survey Crew $ 185.00 $ 170.00 $ 220.00 $ 200.00 N/A $ 220.00 Aerial Photogrammetry N/A N/A $ 150.00 $ 140.00 N/A N/A Direct Cost - Mark-up % Office, Reproduction, Mailing etc. No Mark- up No Mark - up 10% 10% N/A 10% Direct Cost - Mark-up % Sub - consultants 0% 0% 0% 0% N/A 0% Page 106 of 675 Professional Survey and Mapping Services RFQ # 067-2821-17/TP Negotiated Rates 17 -Feb -17 Classifications Avirom Engenuity WhiddenBrown& Wa'ntmani Wa I an Subs..... Phillips Whidden Project Director (Principal) $ 185.00 $ 192.00 $ 185.00 $ 190.00 N/A N/A Project Manager $ 140.00 $ 144.00 $ 145.00 $ 140.00 N/A N/A Senior Professional Surveyor/Mapper $ 150.00 $ 156.00 $ 145.00 $ 156.00 N/A $ 145.00 Professional Surveyor/Mapper $ 110.00 $ 122.00 $ 120.00 $ 125.00 $ 130.00 $ 120.00 Survey Technician $ 85.00 $ 89.00 $ 85.00 $ 85.00 $ 90.00 $ 85.00 Survey Crew (2 man) $ 130.00 $ 131.00 $ 130.00 $ 130.00 $ 120.00 $ 130.00 Survey Crew (3 man) $ 150.00 $ 156.00 $ 158.00 $ 160.00 $ 150.00 $ 158.00 GIS Specialist $ 80.00 $ 112.00 $ 91.00 $ 100.00 N/A $ 91.00 CADD Technician $ 87.00 $ 89.00 $ 85.00 $ 85.00 N/A $ 85.00 1 Man Laser Scanner N/A $ 95.00 N/A N/A N/A N/A Laser Survey Crew $ 185.00 $ 170.00 $ 220.00 $ 200.00 N/A $ 220.00 Aerial Photogrammetry N/A N/A $ 150.00 $ 140.00 N/A N/A Direct Cost - Mark-up % Office, Reproduction, Mailing etc. No Mark- up No Mark - up 10% 10% N/A 10% Direct Cost - Mark-up % Sub - consultants 0% 0% 0% 0% N/A 0% Page 107 of 675 m z u AGREEMENT FOR PROFESSIONAL SURVEY AND MAPPING SERVICES THIS AGREEMENT is entered into between the CITY of Boynton Beach, hereinafter referred to as "CITY', and ENGENUITY GROUP, INC, hereinafter referred to as "CONSULTANT", in consideration of the mutual benefits, terms, and conditions hereinafter specified. WHEREAS, pursuant to Section 287.055, Florida Statutes, the CITY of Boynton Beach solicited proposals for a non-exclusive Contract to perform professional services with an surveying firm for required services, and WHEREAS, THE CITY issued a Request for Qualifications for PROFESSIONAL SURVEY AND MAPPING SERVICES, RFQ No. 067-2821-16/TP; and WHEREAS, RFQ No. 067-2821-16/TP defined Scope of Services as developing a listing of Professional Surveying and Mapping Firms licensed in the State of Florida to perform a variety of surveying and mapping services for the City on an "as needed basis" through individual task orders/purchase orders based on negotiated rates. WHEREAS, the CITY determined that CONSULTANT was qualified for appointment to perform the scope of services set forth in the Request for Qualifications; and WHEREAS, the CITY Commission on January 17, 2017, determined that CONSULTANTS were qualified for appointment to perform the scope of services set forth in the Request for Qualifications; and WHEREAS, the CITY Manager, through her administrative staff, has successfully negotiated an Agreement with CONSULTANT defining terms and conditions for the performance of consulting and surveying services within the scope of the Request for Qualifications. NOW, THEREFORE, in consideration of the mutual covenants expressed herein, the parties agree as follows: ARTICLE 1 -SERVICES CONSULTANT agrees to perform Professional Surveying Services by way of individual task orders, at the request of the CITY during the term of this Agreement, including the provision of all labor, materials, equipment and supplies. 1 Page 108 of 675 The CITY's Representative during the performance of this Contract shall be Taralyn Pratt, Contract Coordinator telephone (561) 742-6447. ARTICLE 2 - TERM The contract term is three years — APRIL 1, 2017 through MARCH 31, 2020 with the same terms, conditions and negotiated rates for the three year term. The contract may be renewed for two additional one-year terms with the same terms and conditions. The CONSULTANT(S) shall be available to commence services APRIL 1, 2017. ARTICLE 3 - TIME OF PERFORMANCE Work under this Contract shall commence upon the giving of written notice by the CITY to the CONSULTANT by way of an executed task order. CONSULTANT shall perform all services and provide all work product required pursuant to this Agreement and the specific task order, unless an extension of time is granted in writing by the CITY. ARTICLE 4 - PAYMENT The CONSULTANT shall be paid by the CITY for completed work and for services rendered under this agreement as follows: a. Payment for the work provided by CONSULTANT shall be made as provided on Exhibit `A' attached hereto. b. The CONSULTANT may submit vouchers to the CITY once per month during the progress of the Work for partial payment for project completed to date. Such vouchers will be checked by the CITY, and upon approval thereof, payment will be made to the CONSULTANT in the amount approved. c. Final payment of any balance due the CONSULTANT of the total contract price earned will be made promptly upon its ascertainment and verification by the CITY after the completion of the Work under this Agreement and its acceptance by the CITY. d. Payment as provided in this section shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. 7 Page 109 of 675 ARTICLE 5 - OWNERSHIP AND USE OF DOCUMENTS All documents, drawings, specifications and other materials produced by the CONSULTANT in connection with the services rendered under this agreement shall be the property of the CITY whether the project for which they are made is executed or not. The CONSULTANT shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with CONSULTANT's endeavors. Any use of the documents for purposes other than as originally intended by this Agreement, without the written consent of CONSULTANT, shall be at the CITY's sole risk. ARTICLE 6 - FUNDING This Agreement shall remain in full force and effect only as long as the expenditures provided in the Agreement have been appropriated by the CITY in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. ARTICLE 7 - WARRANTIES AND REPRESENTATIONS CONSULTANT represents and warrants to the CITY that it is competent to engage in the scope of services contemplated under this Agreement and that it will retain and assign qualified professionals to all assigned projects during the term of this Agreement. CONSULTANT's services shall meet a standard of care for professional surveying and mapping and related services equal to or exceeding the standard of care for surveying professionals practicing under similar conditions. In submitting its response to the RFQ, CONSULTANT has represented to CITY that certain individuals employed by CONSULTANT shall provide services to CITY pursuant to this Agreement. CITY has relied upon such representations. Therefore, CONSULTANT shall not change the designated Project Manager for any project without the advance written approval of the CITY, which consent may be withheld in the sole and absolute discretion of the CITY. ARTICLE 8 - COMPLIANCE WITH LAWS CONSULTANT shall, in performing the services contemplated by this service Agreement, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this Agreement. ARTICLE 9 - INDEMNIFICATION CONSULTANT shall indemnify, defend and hold harmless the CITY, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including attorney fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to CONSULTANT's own 3 Page 110 of 675 employees, or damage to property occasioned by a negligent act, omission or failure of the CONSULTANT. Neither party to this Agreement shall be liable to any third party claiming directly or through the other respective party, for any special, incidental, indirect or consequential damages of any kind, including but not limited to lost profits or use that my result from this Agreement or out of the services or goods furnished hereunder. ARTICLE 10 - INSURANCE 10.1 During the performance of the services under this Contract, CONSULTANT shall maintain the following insurance policies, and provide originals or certified copies of all policies, and shall be written by an insurance company authorized to do business in Florida. 10.1.1 Worker's Compensation Insurance: The CONSULTANT shall procure and maintain for the life of this Contract, Worker's Compensation Insurance covering all employees with limits meeting all applicable state and federal laws. This coverage shall include Employer's Liability with limits meeting all applicable state and federal laws. This coverage must extend to any sub - CONSULTANT that does not have their own Worker's Compensation and Employer's Liability Insurance. The policy must contain a waiver of subrogation in favor of the CITY of Boynton Beach, executed by the insurance company. 10.1.2 Comprehensive General Liability: The CONSULTANT shall procure and maintain for the life of this Contract, Comprehensive General Liability Insurance. This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and Operations; Independent Contractors, Products Completed Operations and Contractual Liability with specific reference of Article 7, "Indemnification" of this Agreement. This policy shall provide coverage for death, personal injury or property damage that could arise directly or indirectly from the performance of this Agreement. CONSULTANT shall maintain a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury/ and $1,000.000 per occurrence/aggregate for property damage. The general liability insurance shall include the CITY as an additional insured and shall include a provision prohibiting cancellation of the policy upon thirty (30) days prior written notice to the CITY. 10.1.3 Business Automobile Liability: The CONSULTANT shall procure and maintain, for the life of this Contract, Business Automobile Liability Insurance. The CONSULTANT shall maintain a minimum amount of $1,000,000 combined single limit for bodily injury and property damage liability to protect the CONSULTANT from claims 0 Page 111 of 675 for damage for bodily and personal injury, including death, as well as from claims for property damage, which may arise from the ownership, use of maintenance of owned and non -owned automobile, included rented automobiles, whether such operations be by the CONSULTANT or by anyone directly or indirectly employed by the CONSULTANT. 10.1.4 Professional Liability (Errors and Omissions) Insurance: The CONSULTANT shall procure and maintain for the life of this Contract in the minimum amount of $1,000,000 per occurrence. 10.2 It shall be the responsibility of the CONSULTANT to ensure that all sub- contractors comply with the same insurance requirements referenced above. 10.3 In the judgment of the CITY, prevailing conditions warrant the provision by the CONSULTANT of additional liability insurance coverage or coverage which is different in kind, the CITY reserves the right to require the provision by CONSULTANT of an amount of coverage different from the amounts or kind previously required and shall afford written notice of such change in requirements thirty (30) days prior to the date on which the requirements shall take effect. Should the CONSULTANT fail or refuse to satisfy the requirement of changed coverage within the thirty (30) days following the CITY's written notice, the CITY, at its sole option, may terminate the Contract upon written notice to the CONSULTANT, said termination taking effect on the date that the required change in policy coverage would otherwise take effect. 10.4 CONSULTANT shall, for a period of two (2) years following the termination of the Agreement, maintain a "tail coverage" in an amount equal to that described above for Comprehensive Liability Insurance on a claims -made policy only ARTICLE 11 - INDEPENDENT CONTRACTOR 11.1 The CONSULTANT and the CITY agree that the CONSULTANT is an independent CONSULTANT with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither CONSULTANT nor any employee of CONSULTANT shall be entitled to any benefits accorded CITY employees by virtue of the services provided under this 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 CONSULTANT, or any employee of CONSULTANT. 5 Page 112 of 675 11.2 CONSULTANT acknowledges and understands that, as an independent CONSULTANT pursuant to this Agreement, CONSULTANT shall comply with Chapter 119, Florida Statutes, as amended (Public Records). CONSULTANT's obligation includes, but is not limited to CONSULTANT's obligation to preserve public records and make public records available to third parties in addition to the CITY. ARTICLE 12 - COVENANT AGAINST CONTINGENT FEES The CONSULTANT warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this Agreement, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this 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 13 — TRUTH -IN -NEGOTIATION CERTIFICATE 13.1 Execution of this Agreement by the CONSULTANT shall act as the execution of a truth -in -negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Agreement is accurate, complete, and current as of the date of the Agreement and no higher than those charged the CONSULTANT's most favored customer for the same or substantially similar service. 13.2 The said rates and cost shall be adjusted to exclude any significant sums should the CITY determine that the rates and costs were increased due to inaccurate, incomplete, or non-current wage rates or due to inaccurate representations of fees paid to outside CONSULTANT& The CITY shall exercise its rights under this "Certificate" within one (1) year following payment. ARTICLE 14 - DISCRIMINATION PROHIBITED The CONSULTANT, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. Page 113 of 675 ARTICLE 15 -ASSIGNMENT The CONSULTANT shall not sublet or assign any of the services covered by this Agreement without the express written consent of the CITY. ARTICLE 16 - NON -WAIVER A waiver by either CITY or CONSULTANT of any breach of this Agreement shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other or further breach. The making or acceptance of a payment by either party with knowledge of the existence of a default or breach shall not operate or be construed to operate as a waiver of any subsequent default or breach. ARTICLE 17 — TERMINATION 17.1 Termination for Convenience: This Agreement may be terminated by the CITY for convenience, upon ten (10) days of written notice by the terminating party to the other party for such termination in which event the CONSULTANT shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the CONSULTANT abandons the Agreement or causes it to be terminated, CONSULTANT shall indemnify the CITY against loss pertaining to this termination. 17.2 Termination for Default: In addition to all other remedies available to the CITY, this Agreement shall be subject to cancellation by the CITY for cause, should the CONSULTANT neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure continue for a period of thirty (30) days after receipt by CONSULTANT of written notice of such neglect or failure. ARTICLE 18 - DISPUTES Any dispute arising out of the terms or conditions of this Agreement shall be adjudicated within the courts of Florida. Further, this Agreement shall be construed under Florida Law. ARTICLE 19 — UNCONTROLLABLE FORCES 19.1 Neither the CITY nor CONSULTANT 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 7 Page 114 of 675 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. 19.2 Neither party shall, however, be excused from performance if non- performance is due to forces which are preventable, removable, or remediable, and which the non-performing party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The non-performing party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. ARTICLE 20 - NOTICES Notices to the CITY of Boynton Beach shall be sent to the following address: CITY of Boynton Beach Attn: Lori LaVerriere, City Mgr. 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 Notices to CONSULTANT shall be sent to the following address: Engenuity Group, Inc. 1280 N Congress Ave, Suite101 West Palm Beach, FL 33409 Attn: Andre Rayman ARTICLE 21 - INTEGRATED AGREEMENT This Agreement, together with the RFQ/RFP and any addenda and/or attachments, represents the entire and integrated agreement between the CITY and the CONSULTANT and supersedes all prior negotiations, representations, or agreements written or oral. This Agreement may be amended only by written instrument signed by both CITY and CONSULTANT. Page 115 of 675 ARTICLE 22 - SOVEREIGN IMMUNITY 22.1 CITY is a political subdivision of the State of Florida and enjoys sovereign immunity. Nothing in the Agreement is intended, nor shall be construed or interpreted, to waive or modify the immunities and limitations on liability provided for in Section 768.28, Florida Statute, as may be emended from time to time, or any successor statute thereof. To the contrary, all terms and provisions contained in the Agreement, or any disagreement or dispute concerning it, shall be construed or resolved so as to insure CITY of the limitation from liability provided to any successor statute thereof. To the contrary, all terms and provision contained in the Agreement, or any disagreement or dispute concerning it, shall be construed or resolved so as to insure CITY of the limitation from liability provided to the State's subdivisions by state law. 22.2 In connection with any litigation or other proceeding arising out of the Agreement, the prevailing party shall be entitled to recover its own costs and attorney fees through and including any appeals and any post- judgment proceedings. CITY's liability for costs and attorney's fees, however, shall not alter or waive CITY's entitlement to sovereign immunity, or extend CITY's liability beyond the limits established in Section 768.28, Florida Statutes, as amended. 1. Claims, disputes or other matters in question between the parties to this Agreement arising out of or relating to this Agreement shall be in a court of law. The CITY does not consent to mediation or arbitration for any matter connected to this Agreement. 2. The parties agree that any action arising out of this Agreement shall take place in Palm Beach County, Florida. THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK E Page 116 of 675 IN WITNESS WHEREOF, the parties hereto have executed this Contract in multiple copies, each of which shall be considered an original on the following dates: DATED this day of , 2017 CITY OF BOYNTON BEACH: Lori LaVerriere, City Manager Attest/Authenticated: Judy Pyle, City Clerk Approved as to Form: James A. Cherof, City Attorney CONSULTANT: Name/Title (Corporate Seal) Attest/Authenticated: Secretary 10 Page 117 of 675 EXHIBIT `A' CONSULTANT'S RATES 11 Page 118 of 675 6.C. CONSENTAGENDA 3/21/2017 REQUESTED ACTION BY COMMISSION: Approve reduction of a Bond, in the form of a Letter of Credit, by the amount of $445,502.40 for the completion of the clearing and grubbing and the completion of the paving, grading, and drainage improvements in association with the Aspen Glen project. EXPLANATION OF REQUEST: The Public Works Department Engineering Division requests approval to reduce the Letter of Credit (#63668907) in the amount of $468,813.40 for the completion of the clearing and grubbing and the paving, grading, and drainage improvements in association with the Aspen Glen project. This will leave the remaining $23,441 (5.0%) to be held by the City for a period of one (1) year from the date of this approval as the warranty against defect. • Lennar Homes, LLC submitted a Letter of Credit for the completion of the clearing and grubbing and completion of the paving, grading, and drainage improvements in association with the Aspen Glen Project, in the amount of $468,813.40. • The Public Works Engineering Division has inspected the improvements and found no items needing correction. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: Budgeted None ALTERNATIVES: None STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Page 119 of 675 Type Description D Addendum Engineering Dept Sign Off D Addendum Consultant's Final Certification D Addendum Developer's Letter of Credit REVIEWERS: Department Reviewer Action Date Public Works - Engineering Livergood, Jeffrey Approved 2/27/2017 ® 3:38 PM Finance Howard, Tim Approved 3/8/2017 ® 9:39 AM Legal Swanson, Lynn Approved 3/9/2017 ® 9:56 AM City Manager LaVerriere, Lori Approved 3/13/2017 ® 9:57 AM Page 120 of 675 The City ofBoynton Beach ffimffimmmm� P.O. Box 310 Boynton Beach, Florida 33425-0310 PUBLIC WORKS DEPARTMENT Engineering Division Phone (561) 742-6980 Fax (561) 742-6285 www.boynton-beach.org Permit No.:13-2963 (G A �/D) and 13-2059 tLTUO WTO-F-TAM*"S I ' 4 - 44 - - as m I 1 11011111 retention area. m Al 1 the Grading Paving Drainage Curbing for the site were completed and acce2ted to the conditions of �—he_permi.t. AME'RIC'A'S GA ERITA 1'710 EIIE G r T ,Lp�gTHE4AAf Page 121 of 675 ,,,= W/NN/NGHA M & FRA OL E Y, /NC_ ENG//VEERS — PL4/V/VERS — SURVEYORS February 27, 2017 Mr. Frantz LaFontant City of Boynton Beach Engineering 100 E. Boynton Beach Boulevard West Wing Boynton Beach, Florida 33435 Re: Aspen Glen W&F Project No. 12046 Dear Mr. LaFontant; Please be advised that an inspection has been preformed by representatives from the city, owner, contractor and engineer and the above referenced project has been found in substantial compliance with the approved plans. If you have any questions or comments, do not hesitate to contact our office. Sin WI�NI 59,Ag, N V4' EY', INC. 6arit S. Besing L'ra;se� Oiler A, ' 40046 I S°®ofr Flori , �OR °',t /ONA w. tom? cc: Cr`Ajigg,G�% ager, P.E. J:\2012\12046 -Aspen G1enYWP\2017-02-27 let Cert PD to City of Boynton Final.wpd 777 /V.E 44th STF9EET, O41<L41V0 PARK, FL00F7/OA 33334 954-771-7440 FAX. 954 -7T1 -029B Page 122 of 675 Citibank,N.A. ISSUING BANK: CITIBANK, N.A. 3800 CITIBANK PHONE:TAMPA, FL 33610 X BENEFICIARY: CITY OF BOYNTON BEACH C/O CITY ENGINEER, AGENT FOR THE CITY 100 EAST BOYNTON BEACH BOULEVARD OYNTON BEACH, FLORIDA 33435 APPLICANT L NNAR HOMES, LLC 730 NW 107 AVENUE, SUITE 300 MIAMI, FLORIDA 33172 RE: ASPEN GLEN LC AMOUNT: USD 466,313.40 (FOUR HUNDRED SIXTY EIGHT THOUSAND EIGHT HUNDRED THIRTEEN AND 40/100 U.S. DOLLARS) EXPIRATION DATE. AUGUST 09, 2014 WE HEREBY OPEN OUR CLEAN IRREVOCABLE STANDBY LETTER OF CREDIT NO, 63666907 AT THE REQUEST AND FOR THE ACCOUNT OF LENNAR HOMES, LLC IN FAVOR OF THE CITY OF BOYNTON BEACH, FLORIDA (®'CITY°®) FOR THE INITIAL AMOUNT OF USD 466,613.40 (FOUR HUNDRED SIXTY EIGHT THOUSAND EIGHT HUNDRED THIRTEEN AND 40/100 U.S. DOLLARS) EFFECTIVE AS OF THIS DATE, WHICH SHALL REMAIN EFFECTIVE UNTIL THE EXPIRATION DATE OR UNTIL RELEASED IN WRITING BY THE BENEFICIARY. Y t rolzimUd ling fagX ex-AkTill Vis 1, Page 123 of 675 s ■ • . • !1 REDUCTIONSOWN OF ! !' DRAWN AT SIGHT ON CITIBANK,CITIBANK, N.A. DULY AND MANUALLY SIGNED BY ITS AUTHORIZED AGENT NAMED ABOVE, OR BY THE BENEFICIARY, FOR PAYMENT TO US AND MARKED "DRAWN UNDER LETTER OF CREDIT NO. 63668907, DATED AUGUST 09,2013." WHEN THE CITY'S DEMAND FOR PAYMENT VIA A SIGHT DRAFT(S) IS RECEIVED AT . • CITICORP. AMERICA, INC., 3800 CITIBANK BUILDING B, 3RD FLOOR, TAMPA, FLORIDA 33610 ATTN: U.S. STANDBY LETTER OF CREDIT DEPARTMENT, PHONE 1-866-945-6284, BEFORE 4:00 P.M. EST ON OR PRIOR TO THE EXPIRATIONDATE,BE HONORED PRESENTED IN CONFORMITY THE TERMS AND CONDITIONS OF THIS LETTER OF CREDIT TOGETHER WITH THE DOCUMENTS REQUIRED HEREIN. A DEMAND FOR PAYMENT MUST BE ACCOMPANIED BY-, 1) THE ORIGINAL LETTER OF CREDIT AND ALL ORIGINAL AMENDMENTS, IF ANY AND LETTERHEAD2) CERTIFICATE FROM BENEFICIARY OR THE CITY ENGINEER AS AGENT FOR THE BENEFICIARY DULY AND MANUALLY SIGNED AND DATED BY AN AUTHORIZED SIGNER ON ITS READING AS FOLLOWS: AMOUNT REPRESENTED : DRAFT ACCOMPANYING c- THE AMOUNT REQUIRED TO BE PAID TO THE BENEFICIARY ON ACCOUNT OF THE FAILURE OF LENNAR HOMES, LLC (THE "DEVELOPER-) TO CONSTRUCT AND INSTALL THE REQUIRED PUBLIC IMPROVEMENTS FOR ASPEN GLEN CALLED FOR IN THE CODE; (11) THE DEVELOPER HAS BEEN GIVEN WRITTEN NOTICE BY THE CITY DESCRIBING THE EVENT OR CONDITION OF SUCH DEFAULT IN REASONABLE DETAIL BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED; (111) THDEFAULT HAS NOTCURED WITHIN THE CURE PERIOD PROVIDED FOR THEREIN, IF ANY; AND (IV) THE CITY IS NOT IN DEFAULT ! . AND CONDITIONS OF • ! AND AS SUCH IS ENTITLED TO BE PAID THE PROCEEDS OF THIS LETTER OF CREDIT UNDER THE TERMS #F THE AGREEMENT." LETTERIT IS A CORDITIOR OF THIS LETTER OF CREDIT THAT IT SHALL BE AUTOMATICALLY EXTENDED WITHOUT AMENDMENT FOR ADDITIONAL PERIODS OF ONE YEAR FROM THE PRESENT OR ANY FUTURE EXPIRATION DATE HEREOF, UNLESS AT LEAST THIRTY (30) DAYS PRIOR TO ANY SUCH DATE WE SHALL NOTIFY YOU BY REGISTERED MAIL OR HAND DELIVERED NOTIFICATION AT THE ABOVE ADDRESS THAT WE ELECT NOT TO CONSIDER THIS LETTER OF CREDIT EXTENDED FOR ANY SUCH ADDITIONAL PERIOD. THIS OF CREDITTO AND GOVERNED OF FLORIDA (WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAW), AND EXCEPT AS OTHERWISE EXPRESSLY STATED HEREIN, IS SUBJECT TO THE UNIFORMCUSTOMS COMMERCEAND PRACTICES FOR DOCUMENTARY CREDITS (2007 REVISION), INTERNATIONAL CHAMBER OF PUBLICATION 611 ' 610AND IN THE EVENT OF ANY CONFLICT, THE LAWS OF THE STATE OF FLORIDA WILL CONTROL. VENUE FOR ANY AND ALL LEGAL ACTIONS NECESSARY TO ENFORCE TERMS OF LETTER OF r ! SHALL PALM BEACHCOUNTY,i• ■ PAGE 2 OF Page 124 of 675 i ° nk,. ,rlffiT#lcT-Kl ATTENTION OF LETTER OF CREDIT DEPARTMENT MENTIONING SPECIFICALLY OUR CREDIT NUMBER. AUTHORIZED SIGNATURE(S). CITI NK,N.A. 01141011 Page 125 of 675 6.D. CONSENTAGENDA 3/21/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 3/21/2017 REQUESTED ACTION BY COMMISSION: Legal expenses -February 2017 -Information at the request of the Commission. No action required. EXPLANATION OF REQUEST. Some outside firms have not provided their February 2017 statements to Risk Management and therefore their January and February invoices (most recent received) are attached. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT. Budgeted Budgeted ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type D Attachment D Attachment D Attachment 51111110 wal%rA 11 r, ME, Description Feb Summary Goren General Goren Cherof Doody & Ezrol February Invoices Feb Summary Goren Risk Goren Cherof Doody & Ezrol Risk Litigation Invoices Feb Summary Outside Counsel Risk Other counsel January and February 2017 Invoices Page 126 of 675 REVIEWERS: Department Legal Finance City Manager Reviewer Action Swanson, Lynn Approved Howard, Tim Approved LaVerriere, Lori Approved Date 3/13/2017 ® 2:40 PM 3/14/2017 ® 8:42 AM 3/17/2017 ® 9:53 AM Page 127 of 675 Goren, Cherof, Doody & Ezrol, P.A. - Feb 2017 General Legal Costs Retainer -General Matters onsite office hours agenda item review pre-mtg commissioner mtgs commission mtg followup commission mtg contract review, code issues group homes, NOI research Labor -general Red light camera Special Fire Assessment Olen properties Boynton Old School Partners Litigation Unsecured creditors -Tribune Model Block Right of Way Chandler, Nancy (RIC MAN) Rodrigues,Louis IA Boss,Lendon (RLC appeal) Donastor,Murat v JP Morgan Akyeshia C Gums v JP Morgan Jackson, Avian M (Forfeiture) Wauchope, Rohen v HSBS Bank USA Cleveland, Darren (FNMA) White, Jack, Bank of NY Meeks,Richard & Takeeta, Nationstar mtg FPM Prop, Fed Natl Mort Wells Fargo Bank (RHA 2, LLC) Bock, Sharon as Clerk & Comptroller PBC Estate of Hazel Clemmons,James Nutter Co. Lubin, Jameka Pre -D Freedom Mort Corp (Price, Perry) Moskoff, Eric, Fed Natl Mtg Seminole Lakes HOA Sharon Brock (Ganoe,William) TOTAL General Legal Costs -Feb 2017 107 Hours 16,165.84 2,456.15 5,769.75 1,599.00 3,198.00 0.00 3,127.25 390.00 760.50 257.00 0.00 2,16 2.15 50.00 25.00 58.50 12.50 100.00 112.50 50.00 25.00 128.00 75.00 50.00 1,033.50 292.50 158.50 136.50 587.30 38,780.44 Page 128 of 675 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard Boynton Beach FL 33425 Attn: Lynn Swanson Special Fire Assessment ACCOUNT NO STATEMENT NO HOURS 01/30/2017 MDC Meet with JAC, teleconference with Tim Howard, teleconference with City Staff Re: 2017-18 assessment. 0.50 JAC Review methodology update options; pull court option regarding details; misc research regarding like challenges; call with TH and MC regarding same 1.80 01/31/2017 JAC Review call data issue and research relation to methodology. 1.20 02/01/2017 JAC Continue review of methodology issues 0.50 02/09/2017 JAC review assessment comps 0.40 02/17/2017 JAC Prepare for, attend and follow up on assessment meeting; review on-call data/methodology issues. 1.50 MDC Review materials, prepare for, attend meeting with City staff on 2017 special assessment. 2.30 FOR CURRENT SERVICES RENDERED 8.20 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 5.40 $195.00 $1,053.00 MICHAEL D. CIRULLO 2.80 195.00 546.00 TOTAL CURRENT WORK BALANCE DUE Page: 1 03/02/2017 306-0005370 14303 1,599.00 1,599.00 $1,599.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 129 of 675 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard Boynton Beach FL 33425 Attn: Lynn Swanson LABOR - General ACCOUNT NO STATEMENT NO HOURS 01/31/2017 SHB Receive and review documents re: Kevin Ryan temporary employment letter; draft letter and transmit to HR for review. Review and approve Mark Woods employment letter. 0.60 JAC Prepare and research re: draft police -fire- general employee pension revisions and rehire/in-service distribution issue in advance of conference call with BJ and TH. 2.40 02/07/2017 SHB Telephone conference with Oldbury re: Pachneck matters; review file. Receive and review pre -determination documents for Jenkins; follow up with Oldbury. Receive and review pre -determination documents for Rodriguez; follow up with Oldbury. 2.00 JFK Research regarding ADA issue/program accommodation. 0.40 02/16/2017 SHB Receive and review documentation re: Pachnek. Telephone conference with Oldbury. Receive and review updated documents re: Jenkins pre -d; follow up with Oldbury. 0.60 02/17/2017 SHB Receive and review City of Sanford employee policy re: Medical Marijuana. 0.20 02/22/2017 SHB Receive and review documents re: Francisco Rodriguez discipline matters; follow up with Oldbury. Follow up re: Jenkins pre -d matters. 1.00 02/23/2017 SHB Receive and begin review of Paul Green pre -determination documentation. Review prior discipline and request additional documents from City. Review Safety Manual and additional City policies. Follow up with Oldbury. 1.70 02/24/2017 SHB Schoenberger - review file. Attended pre -determination conference at City Hall. 2.70 JAC Begin review of Blue and White CBA's 0.80 FOR CURRENT SERVICES RENDERED 12.40 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 3.20 $195.00 $624.00 JULIE F. KLAHR 0.40 195.00 78.00 SHANA H. BRIDGEMAN 8.80 195.00 1,716.00 Page: 1 03/02/2017 306-0603180 14304 2,418.00 Page 130 of 675 CITY OF BOYNTON BEACH LABOR - General Photocopies TOTAL EXPENSES THRU 02/28/2017 TOTAL CURRENT WORK BALANCE DUE Page: 2 03/02/2017 ACCOUNT NO: 306-0603180 STATEMENT NO: 14304 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE 38.15 38.15 2,456.15 $2,456.15 Page 131 of 675 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard Boynton Beach FL 33425 Attn: Lynn Swanson Red Light Cameras ACCOUNT NO STATEMENT NO HOURS 01/30/2017 SHB Prepare and file notices of intent to rely on business records for use at trial. 1.50 01/31/2017 SHB Receive and review correspondence from Elias Rizk requesting refund 02/08/2017 SHB Ronald Parker - receive and review correspondence re: request for new hearing and hearing officer's order on request; transmit to PD for review. Prepare and file notices of intent to rely on business records for use at trial. 1.30 02/09/2017 SHB Prepare and file notices of intent to rely on business records for use at trial. 2.20 02/10/2017 SHB Receive and review Feliu Motion to Dismiss; follow up with PD. 0.20 02/13/2017 SHB Follow up re: upcoming trial and subpoena matters. 0.30 02/14/2017 SHB Prepare and file notices of intent to rely on business records for use at trial. 1.00 02/15/2017 MDC Review hearing issues with SHB. 0.30 02/17/2017 SHB Transmit 2/15/17 status check docket to BBPD for review. Correspondence Page: 1 03/02/2017 306-0806020 14305 Page 132 of 675 Prepare and file notices of intent to rely on business records for use at trial. Discuss program wrap-up and ATS contract true -up matters with Howard. 2.00 MDC Teleconference Re: status of pending red light camera cases. 0.50 02/01/2017 SHB Prepare and file notices of intent to rely on business records for use at trial. 1.40 02/02/2017 SHB Receive and review correspondence from Clerk of Court re: fine distribution to City. Follow up with JAC and MDC. Prepare and file notices of intent to rely on business records for use at trial. 1.60 MDC Review emails on pending cases, confer with SHB; confer with JAC on strategy for upcoming hearings. 0.30 JAC Review RLC program wind down and pending case settlement/dismissal options 0.80 02/03/2017 SHB Follow up with MDC re: Riszk appeal. 0.30 MDC Meet with SB, review issues for 2/15 status conference. 0.30 JAC Review TH emails and discuss settlement with SB 0.30 02/06/2017 SHB Prepare and file notices of intent to rely on business records for use at trial. 1.80 02/08/2017 SHB Ronald Parker - receive and review correspondence re: request for new hearing and hearing officer's order on request; transmit to PD for review. Prepare and file notices of intent to rely on business records for use at trial. 1.30 02/09/2017 SHB Prepare and file notices of intent to rely on business records for use at trial. 2.20 02/10/2017 SHB Receive and review Feliu Motion to Dismiss; follow up with PD. 0.20 02/13/2017 SHB Follow up re: upcoming trial and subpoena matters. 0.30 02/14/2017 SHB Prepare and file notices of intent to rely on business records for use at trial. 1.00 02/15/2017 MDC Review hearing issues with SHB. 0.30 02/17/2017 SHB Transmit 2/15/17 status check docket to BBPD for review. Correspondence Page: 1 03/02/2017 306-0806020 14305 Page 132 of 675 CITY OF BOYNTON BEACH ACCOUNT NO STATEMENT NO Red Light Cameras to BBPD re: upcoming trials and Damico hearing. Telephone conference with Howard. Transmit 2/15 docket to Hollander and Agee. Review upcoming trials and pending NOI requests. Receive and review order on Beltran motion. 02/20/2017 SHB Prepare and file notices of intent to rely on business records for use at trial 02/21/2017 SHB Receive and review correspondence from City re: Judge Damico cases; follow up with staff re: payment methods and updating ATS system. 02/22/2017 SHB Various correspondence with City re: payments for Damico cases. Telephone conference with Howard. Prepare and file notices of intent to rely on business records for use at trial. MDC Confer with SHB on status of hearings. JAC Review RLC global case dismissal option 02/23/2017 SHB Review pending cases and hearings; discuss with MDC and JAC. Call to Laverriere re: case matters. Prepare and file notices of intent to rely on business records for use at trial. Telephone conference with Laverriere, Verrigni, and Petriello re: pending trials. 02/27/2017 SHB Prepare and file notices of intent to rely on business records for use at trial 02/28/2017 SHB Prepare and file notices of intent to rely on business records for use at trial FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE JAMES A. CHEROF 1.40 $195.00 MICHAEL D. CIRULLO 1.70 195.00 SHANA H. BRIDGEMAN 26.30 195.00 Photocopies TOTAL EXPENSES THRU 02/28/2017 TOTAL CURRENT WORK BALANCE DUE Page: 2 03/02/2017 306-0806020 14305 HOURS 2.10 1.70 0.30 1.90 0.30 0.30 3.00 1.40 2.30 29.40 5,733.00 TOTAL $273.00 331.50 5,128.50 36.75 36.75 5,769.75 $5,769.75 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 133 of 675 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard Boynton Beach FL 33425 Attn: Lynn Swanson General Matters ACCOUNT NO STATEMENT NO HOURS 01/30/2017 DNT Review Parry Village utility system purchase agreement and requested revisions. 0.50 JAC Agenda prep; review utility issue regarding trailer park with DT; title notes research regarding dedication and defunct corporation 1.60 01/31/2017 SHB Receive and review inquiry re: Cypress Property & Casualty Insurance (CPCIC) business tax receipt. 0.10 DNT Telephone conference call with Michael Low regarding Parry Village utility service purchase agreement; dictate revisions to Parry Village utility service purchase agreement. 0.90 JAC Agenda preparation; review ACA assignments. 2.80 02/01/2017 JAC Continue agenda prep; review town meeting issues and notice; evaluate procurement/piggy-back issue 2.20 02/02/2017 JAC On site agenda wrap up; prepare for meeting; review pending AC Atty assignments; office records review; prep regarding QPODD issues; research regarding rewrite of policy regarding text messaging retention requirements 5.50 02/03/2017 DNT Dictate and review emails regarding Parry Village Easement. 0.30 SHB Receive and review commission agenda. 0.30 JAC Assignment administration; review budget status; research regarding pension evaluation RFQ; review PRR process; review utility water service recording and annexation issue 3.80 02/06/2017 SHB Review commission agenda. Discuss agenda matters with JAC. 0.40 DNT Review status of Easement at Parry Village; review status of Royal Manor Easements and Conveyance. 0.50 JAC Onsite office administration; meeting prep; status conference; research regarding easements; prep regarding Town Square issue 7.30 JFK Research regarding charter school zoning issues. 0.70 02/07/2017 DNT Telephone conference call with Michael Low regarding Parry Village Easement for utility services. 0.50 JAC onsite office administration; prepare for and attend Commission meeting 7.30 Page: 1 03/02/2017 306-9001821 14306 Page 134 of 675 Page: 2 CITY OF BOYNTON BEACH 03/02/2017 ACCOUNT NO: 306-9001821 STATEMENT NO: 14306 General Matters �� 02/08/2017 JAC commission meeting follow up; review billing issues and budget options; mail/memo review; research lien priority issue and prepare response to Clerk of Court re: disbursement; review utility acquisition issue 3.70 02/09/2017 JAC meeting follow up; review reconsideration issue and email re: same; call with Mayor re: procedures; review and revise water service docs; review Town Square status with TH; follow up re: cemetery swap issue 3.30 02/10/2017 JAC Emails with tax collector regarding surplus funds issue; research priority issue; review pending legislation issues for update to LL; review for agenda; review records regarding Ocean 500/parking and ROW issues. 3.40 02/13/2017 JAC Onsite; office administration; agenda review and preparation; follow up in Quantum issues/process. 5.20 DNT Review agreement for Tropical Breeze public utility conveyance and status of Parry Village. 0.50 02/14/2017 SHB Recreation - review surplus property regulations; follow up with Majors. Various correspondence with Clerk's office re: plot agreement for Castillo de Fuentes. 1.10 JAC Agenda review and preparation; review assignment to AC attorneys review utility acquisitions; follow up regarding telecommunication NOI. 4.10 DNT Meeting with Katie Hatcher at City Hall regarding wireless communication facilities. 1.00 02/15/2017 JAC agenda review and preparation 1.70 02/16/2017 JAC agenda preparation; calls re: city clerk - duties - elections issue; research re: same 4.10 02/17/2017 JAC Onsite; review agenda and related contract issues. 2.60 SHB Receive and review marijuana civil citation legislation. Discuss with JAC; follow up with Mayor Grant. 0.40 02/20/2017 JAC Prepare for Commission meeting; review pending assignments and discuss status with TD; review SB assignments 3.20 02/21/2017 SHB Research re: pubic records and emergency medical services matters; various correspondence with Mattox. Receive and review various correspondence re: de Fuentes cemetery plot; draft new agreement and transmit to Pyle for review. 3.10 JAC on site; office administration; review pending department issues/assignments; research Quantum parking lease issue; prepare for and attend Commission meeting; meeting follow up 10.50 DNT Review plat documents for Parry Village. 0.40 02/22/2017 SHB Follow up re: conditional lien reduction code matters. Research public records request matters. 0.70 JAC Telephone calls LL regarding Quantum, case settlement authority; Telephone calls Chief Snow regarding Task Force assignment agreement; post meeting review. 3.70 Page 135 of 675 Page: 3 CITY OF BOYNTON BEACH 03/02/2017 ACCOUNT NO: 306-9001821 STATEMENT NO: 14306 General Matters HOURS DNT Telephone conference call with Michael Low regarding Parry Village and Tropical Breeze Estates utility purchase agreements. 0.50 02/23/2017 JAC Agenda prep; review with MC and SB regarding RLC hearings; call with LL regarding pending issues; review new cases for assignment; review MJ moratorium options/process 2.40 02/24/2017 SHB Review and sign cemetery deeds. Review and sign items approved at Commission meeting. Review correspondence and backup re: forfeiture matters. Review and approve artist agreements. Follow up re:: Florida League of Cities, Inc. contract matters. Review public records request matters. 2.60 JAC Draft Med MJ moratorium Ordinance; follow up regarding QPODD issues; call to LL regarding PD loan office agreement; review SOE qualifying date issue and research options 2.20 02/27/2017 JAC onsite office administration; preparation for P&D Bd; research PDA and related CBA leave issues; review Quantum global issues; review McDonald letter re: QPODD dissolution; review AM comments on Chronici N Ord 5.20 SHB Receive and review Florida League of Cities, Inc. agreement with City; follow up with Clerk, Code, and Finance. 0.70 02/28/2017 JAC Onsite agenda review; prep for and attend P&D Board meeting; call with LL regarding pending matters; review landfill emissions issue and research state/fed regulations; redraft letter to property owners 6.00 FOR CURRENT SERVICES RENDERED 107.00 16,165.84 TOTAL CURRENT WORK 16,165.84 BALANCE DUE $16,165.84 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 136 of 675 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard Boynton Beach FL 33425 Attn: Lynn Swanson adv. Unsecured Creditors of Tribune Company ACCOUNT NO STATEMENT NO HOURS 02/06/2017 BJS Review filed correspondence re: Appeal of Order dismissing Shareholder defendants 0.40 02/07/2017 BJS t/c with Bonni Jensen re: pending litigation/appeal 02/09/2017 BJS Draft follow up correspondence to Connie Jensen 02/10/2017 BJS Review recently filed letters, documents, and other submission re: Interlocutory Appeal FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE BRIAN J. SHERMAN 2.00 $195.00 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 03/02/2017 306-9904908 14307 0.30 0.30 1.00 2.00 390.00 TOTAL $390.00 390.00 $390.00 Page 137 of 675 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard Boynton Beach FL 33425 Attn: Lynn Swanson adv. Olen Properties Corp., et al ACCOUNT NO STATEMENT NO 02/02/2017 JAC Review pleadings; prep for conference 0.60 02/06/2017 JAC prep for settlement conference 1.80 02/07/2017 JAC prepare for settlement conference 1.50 02/08/2017 JAC attend settlement conference; follow up research -review; call with A. Mack re: process/site plan matter 4.50 02/17/2017 JAC Review email exchanges and attorneys; call to Atty SS (left message); miscellaneous prepare regarding sidewalk site plan issue. 1.20 02/20/2017 JAC Research related to settlement proposal; review land transfer records and restraints on transfer; review permitting issue 2.20 02/21/2017 JAC call with S. Sutphen re: settlement offer; review site plan and plat issue 1.20 02/22/2017 JAC Review correspondence regarding settlement proposal and hearing; update LL regarding same; return call to I. Gilbert 0.90 02/23/2017 JAC Review case status conference request and related issues; conference call with Irwin Gilbert 0.80 02/28/2017 JAC Calls and prep regarding response to McDonald letter; review and prep for POA meeting and voting 1.70 FOR CURRENT SERVICES RENDERED 16.40 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 16.40 $195.00 $3,198.00 TOTAL CURRENT WORK BALANCE DUE Page: 1 03/02/2017 306-9904936 14308 3,198.00 $3,198.00 Page 138 of 675 CITY OF BOYNTON BEACH adv. Olen Properties Corp., et al Page: 2 03/02/2017 ACCOUNT NO: 306-9904936 STATEMENT NO: 14308 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 139 of 675 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 03/02/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9904950 Boynton Beach FL 33425 STATEMENT NO: 14309 Attn: Lynn Swanson Litigation Miscellaneous HOURS 01/30/2017 TAD Receipt and review of report and claim information re: accident involving City vehicle (Green). Receipt of subrogation demand from Illustrate, SIR and accident report from City re: accident involving City police vehicle (Parent). Telephone conference with City regarding responses to Green and Parent claims. 1.30 02/01/2017 TAD Confer with City risk department re: release , medical issues and meetings. Receipt of use of force report (Guitierrez) 0.60 02/06/2017 DNM Reviewed al files to update all new incoming information. 2.00 02/07/2017 DNM Reviewed all Boynton Beach cases to update the list of active files. 3.00 TAD Confer with JAC re: status of litigation matters. 0.30 02/10/2017 DNM Receipt and reviewed Certificate of Service of proposed Orders to file away and confer with JAC. 0.70 02/13/2017 DNM Receipt and reviewed Summons & Complaint. 0.40 02/14/2017 TAD Receipt and review of correspondence re: new claim information and issues with claim. Review claim letter. 0.20 02/16/2017 DNM Receipt and reviewed Order to Substitute Party Plaintiff. 0.20 TAD Telephone conference with City re: claim from employee. Telephone conference with claimant counsel re: information on claim. Receipt of claim letter. Prepare correspondence to city re: incident and information on same. 0.90 02/17/2017 TAD Receipt and review of correspondence from Clty re: potential claim. Receipt of use of force report (White). 0.20 02/20/2017 TAD Review of claims status and information on new claims notices and prepare for meeting with City re: status. Telephone conference with city re information on proposed release documents. 1.40 02/21/2017 BJS t/c with City Clerk re: HCRA Properties v. City of Boynton Beach, code appeal pending dismissal from the Court 0.30 TAD Telephone conference with City re: claim and release (Hampson). Review Page 140 of 675 CITY OF BOYNTON BEACH ACCOUNT NO STATEMENT NO Litigation Miscellaneous of new claims and accident report re: same. Confer with City re: information on incident. 02/22/2017 TAD Attend meeting with Clty re: status of risk matters and issues with claims HOURS 0.60 Photocopies TOTAL EXPENSES THRU 02/28/2017 TOTAL CURRENT WORK BALANCE DUE Page: 2 03/02/2017 306-9904950 14309 47.25 47.25 3,127.25 $3,127.25 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 141 of 675 Receipt of incident report. (Montoya) 3.40 02/23/2017 DNM Receipt and reviewed Notice of Appearance and saved file. 0.20 DNM Receipt and reviewed Notice of Non -Objection in Cordero v. FBM Leasing Corp. et al. 0.20 02/24/2017 BJS t/c with Scott Harris and review of correspondence re: forfeiture issues 0.30 TAD Receipt and review of correspondence from the City re: proposed release for property damage issues. Review incident report and accident report re: same. Prepare correspondence to City re: release terms. 0.40 02/27/2017 BJS t/c/c with Scott Harris and review fo contraband forfeiture statutes 0.50 JAC review pending case assignments and review pleadings re: same; review with BS re: forfeiture issue 0.70 02/28/2017 TAD Receipt of correspondence re: vendor agreement and review agreement. 0.40 FOR CURRENT SERVICES RENDERED 18.20 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 0.70 $195.00 $136.50 BRIAN J. SHERMAN 1.10 195.00 214.50 DANIELLA M. NORMIL 6.70 125.00 837.50 TRACEY A. DECARLO 9.70 195.00 1,891.50 Photocopies TOTAL EXPENSES THRU 02/28/2017 TOTAL CURRENT WORK BALANCE DUE Page: 2 03/02/2017 306-9904950 14309 47.25 47.25 3,127.25 $3,127.25 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 141 of 675 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard Boynton Beach FL 33425 Attn: Lynn Swanson City of Boynton Beach Model Block Right of Way Acquisition ACCOUNT NO STATEMENT NO 01/31/2017 KLE Prepare status report to commission; email to Ken Dodge Re: status of closing on Collins. 0.70 02/03/2017 KLE Telephone conference with Mr. Collins, emails to Tom Baird Re: Withdrawal of funds. 0.40 02/07/2017 KLE Review motion and order on disbursement from Baird re: Collins; emails to Baird. 0.60 02/09/2017 KLE Review motion and order from tax collector re: Evans. 0.30 02/10/2017 KLE Review order from court Re: Parcel 22 Collins Disbursement; emails from Brian Bull and Tax Collector Re: outstanding taxes issues. 0.50 02/13/2017 SCW Review correspondence received from Brian Bull regarding Evans tax issue. Meeting with Kerry Ezrol regarding tax issue. 0.60 KLE Research Re: outstanding taxes issue Re: Parcel 21/Collins; Telephone call with Jill Crane at Tax Collector. 0.80 FOR CURRENT SERVICES RENDERED 3.90 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL KERRY L. EZROL 3.30 $195.00 $643.50 SHARI C. WALLEN 0.60 195.00 117.00 TOTAL CURRENT WORK BALANCE DUE Page: 1 03/02/2017 306-9905018 14310 760.50 $760.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 142 of 675 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard Boynton Beach FL 33425 Attn: Lynn Swanson adv. Chandler, Nancy (RIC MAN) ACCOUNT NO STATEMENT NO HOURS 02/14/2017 TAD Receipt and review of correspondence re: notice for trial and prepare response to same. 0.20 02/17/2017 TAD Receipt and review of correspondence re: retention of expert. Receipt of correspondence from adjuster re: status. Telephone conference with outside counsel re: information on status of trial and experts. Prepare correspondence to adjuster and City re: same. 0.90 02/28/2017 TAD Receipt of order setting trial. 0.20 FOR CURRENT SERVICES RENDERED 1.30 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 1.30 $195.00 $253.50 Photocopies TOTAL EXPENSES THRU 02/28/2017 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 03/02/2017 306-9905019 14311 3.50 3.50 257.00 $257.00 Page 143 of 675 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 03/02/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905127 Boynton Beach FL 33425 STATEMENT NO: 14312 Attn: Lynn Swanson adv. Boss, Lendon (RLC appeal) HOURS 01/30/2017 SHB Review court dockets re: fines received by City; follow up with PD re: trial dispositions. Discuss proposed case settlement with Hollander. 0.90 01/31/2017 SHB Telephone conference with MDC and JAC re: Hollander proposed settlement offer. Various correspondence with Hollander. Various correspondence with Bill Abramson. Receive and review fine payment spreadsheet from Petriello; follow up with Suyono re: actual fines received. 1.60 02/03/2017 SHB Various correspondence with Hollander re: settlement matters. Discuss with MDC and JAC. 1.00 02/06/2017 SHB Discuss case matters with JAC and MDC. 0.60 02/15/2017 SHB Prepare for status check and hearing on Motion for Costs. Attend hearing; follow up with JAC, MDC, and Laverriere. Follow up with PD re: trial schedule. 6.00 02/16/2017 SHB Follow up with Hollander re: court docket. Follow up with City re: upcoming hearing matters and violator payments. 0.60 02/21/2017 SHB Receive and review cost reimbursement check from Hollander; transmit to City. 0.30 FOR CURRENT SERVICES RENDERED 11.00 2,145.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 11.00 $195.00 $2,145.00 Photocopies 17.15 TOTAL EXPENSES THRU 02/28/2017 17.15 TOTAL CURRENT WORK 2,162.15 Page 144 of 675 CITY OF BOYNTON BEACH adv. Boss, Lendon (RLC appeal) BALANCE DUE Page: 2 03/02/2017 ACCOUNT NO: 306-9905127 STATEMENT NO: 14312 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE $2,162.15 Page 145 of 675 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 03/02/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905129 Boynton Beach FL 33425 STATEMENT NO: 14313 Attn: Lynn Swanson adv. (Donastor, Murat, et al.) vs. JP Morgan Chase Bank 1607 NE 4th Street, Boynton Beach, FL 33435 HOURS 02/07/2017 DNM Receipt and reviewed Affidavit of Non -Military Service & Certificate of Service. 0.20 02/16/2017 DNM Receipt and reviewed Motion for Writ of Possession of the property. 0.20 FOR CURRENT SERVICES RENDERED 0.40 50.00 TIMEKEEPER DANIELLA M. NORMIL TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE TOTAL 0.40 $125.00 $50.00 50.00 $50.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 146 of 675 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard Boynton Beach FL 33425 Attn: Lynn Swanson adv. Jackson, Avian M. (Forfeiture) ACCOUNT NO STATEMENT NO 02/17/2017 BJS Follow up re: pending case Status/Motion to Withdraw FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE BRIAN J. SHERMAN 0.30 $195.00 TOTAL CURRENT WORK BALANCE DUE HOURS 0.30 0.30 TOTAL $58.50 Page: 1 03/02/2017 306-9905136 14314 58.50 58.50 $58.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 147 of 675 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard Boynton Beach FL 33425 Attn: Lynn Swanson adv. (Akyeshia C. Gums, et al.) vs. JPMorgan Chase Bank 2171 NW 1st Street, Boynton Beach, FL 33435 02/16/2017 DNM Receipt and reviewed Order on Case Management Conference. FOR CURRENT SERVICES RENDERED TIMEKEEPER DANIELLA M. NORMIL TOTAL CURRENT WORK BALANCE DUE ACCOUNT NO STATEMENT NO HOURS 0.20 0.20 RECAPITULATION HOURS HOURLY RATE TOTAL 0.20 $125.00 $25.00 Page: 1 03/02/2017 306-9905138 14315 25.00 25.00 $25.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 148 of 675 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard Boynton Beach FL 33425 Attn: Lynn Swanson adv. (Wauchope, Rohan R. et al.) vs. HSBS Bank USA 312 NW 12th Avenue, Boynton Beach, Florida 33435 02/16/2017 DNM Receipt and reviewed Certificate of Sale. FOR CURRENT SERVICES RENDERED TIMEKEEPER DANIELLA M. NORMIL TOTAL CURRENT WORK BALANCE DUE ACCOUNT NO STATEMENT NO HOURS 0.10 0.10 RECAPITULATION HOURS HOURLY RATE TOTAL 0.10 $125.00 $12.50 Page: 1 03/02/2017 306-9905156 14316 12.50 12.50 $12.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 149 of 675 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard Boynton Beach FL 33425 Attn: Lynn Swanson adv. Cleveland, Darren (Federal National Mortgage Association) 01/31/2017 DNM Receipt and reviewed Notice of Hearing. ACCOUNT NO STATEMENT NO 02/02/2017 DNM Followed up with received notice of hearing in an email noticing our non-appearance. 02/28/2017 DNM Receipt and reviewed cancellation notice for Hearing on Defendant's Motion for Attorneys fees and cost. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE DANIELLA M. NORMIL 0.80 $125.00 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 03/02/2017 306-9905184 14317 HOURS 0.20 0.40 0.20 0.80 100.00 TOTAL $100.00 100.00 $100.00 Page 150 of 675 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 03/02/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905188 Boynton Beach FL 33425 STATEMENT NO: 14318 Attn: Lynn Swanson adv. The Bank of New York Mellon Trust Company, N.A. (White, Jack) HOURS 02/09/2017 DNM Receipt and reviewed Trial Order and Witness List. 0.60 02/16/2017 DNM Receipt and reviewed Order setting Non -Jury Trial. 0.30 FOR CURRENT SERVICES RENDERED 0.90 112.50 TIMEKEEPER DANIELLA M. NORMIL TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE TOTAL 0.90 $125.00 $112.50 112.50 $112.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 151 of 675 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard Boynton Beach FL 33425 Attn: Lynn Swanson adv. Wells Fargo Bank, N.A. (RHA 2, LLC, et al.) 02/10/2017 JAC Review Motion to set trial and City's pleadings. 02/13/2017 DNM Receipt and reviewed Motion not to Set Non -Jury Trial; receipt and reviewed Motion for Default against third party Oddyssey Investment Properties. FOR CURRENT SERVICES RENDERED TIMEKEEPER JAMES A. CHEROF DANIELLA M. NORMIL TOTAL CURRENT WORK BALANCE DUE ACCOUNT NO STATEMENT NO RECAPITULATION HOURS HOURLY RATE 0.40 $195.00 0.40 125.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 03/02/2017 306-9905196 14319 HOURS 0.40 0.40 0.80 128.00 TOTAL $78.00 50.00 128.00 $128.00 Page 152 of 675 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard Boynton Beach FL 33425 Attn: Lynn Swanson adv. Nationstar Mortgage, LLC (Meeks, Richard & Takeeta) 02/08/2017 DNM Receipt and reviewed Notice of Hearing for Motion for Judicial Default. FOR CURRENT SERVICES RENDERED TIMEKEEPER DANIELLA M. NORMIL TOTAL CURRENT WORK BALANCE DUE ACCOUNT NO STATEMENT NO HOURS 0.40 0.40 RECAPITULATION HOURS HOURLY RATE TOTAL 0.40 $125.00 $50.00 Page: 1 03/02/2017 306-9905200 14320 50.00 50.00 $50.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 153 of 675 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard Boynton Beach FL 33425 Attn: Lynn Swanson adv. Federal National Mortgage Association (FPM Properties, LLC, et al.) 02/16/2017 DNM Receipt and reviewed Final Consent Judgment on Cross Claim and Redemption Agreement. FOR CURRENT SERVICES RENDERED TIMEKEEPER DANIELLA M. NORMIL TOTAL CURRENT WORK BALANCE DUE ACCOUNT NO STATEMENT NO RECAPITULATION HOURS HOURLY RATE 0.20 $125.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 03/02/2017 306-9905205 14321 HOURS 0.20 0.20 25.00 TOTAL $25.00 25.00 $25.00 Page 154 of 675 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard Boynton Beach FL 33425 Attn: Lynn Swanson adv. James B. Nutter & Company (Estate of Hazel Clemmons, et al.) 01/31/2017 02/16/2017 ACCOUNT NO STATEMENT NO DNM Receipt and reviewed e -filed document to save and organized into the file DNM Receipt and reviewed Order appointing Guardian Ad Litem. FOR CURRENT SERVICES RENDERED TIMEKEEPER DANIELLA M. NORMIL TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.40 $125.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 03/02/2017 306-9905212 14322 HOURS 0.20 0.20 0.40 50.00 TOTAL $50.00 50.00 $50.00 Page 155 of 675 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard ACCOUNT NO Boynton Beach FL 33425 STATEMENT NO Attn: Susan Harris, Finance Director Lubin, Jameka Pre -D (Termination) 01/30/2017 SHB Receive and review additional correspondence and arbitration exhibits from Oldbury and Bryant. 01/31/2017 SHB Arbitration prep at City Hall. Meet with witnesses and review additional exhibits. Discuss case matters with JAC. Receive and review various correspondence from Joseph Brenner (SEIU) re: arbitration cancellation. FOR CURRENT SERVICES RENDERED TIMEKEEPER SHANA H. BRIDGEMAN TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 5.30 $195.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 03/02/2017 306-9905217 14323 HOURS 1.00 4.30 5.30 1,033.50 TOTAL $1,033.50 1,033.50 $1,033.50 Page 156 of 675 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 03/02/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905221 Boynton Beach FL 33425 STATEMENT NO: 14324 Attn: Lynn Swanson adv. Bock, Sharon R., as Clerk & Comptroller for PBC HOURS 02/01/2017 DNM Receipt and reviewed plaintiffs Motion for Default. 0.30 02/15/2017 DNM Receipt and reviewed Notice for Non -Jury Trial. 0.30 FOR CURRENT SERVICES RENDERED 0.60 75.00 TIMEKEEPER DANIELLA M. NORMIL TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE TOTAL 0.60 $125.00 $75.00 75.00 $75.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 157 of 675 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard Boynton Beach FL 33425 Attn: Lynn Swanson adv. Federal National Mortgage Association (Moskoff, Eric) 02/07/2017 DNM Receipt and reviewed Notice of Change of Firm. ACCOUNT NO STATEMENT NO 02/10/2017 JAC Review pleading and order. 02/23/2017 DNM Receipt and review Notice of Dismissal and Final disposition. 02/28/2017 DNM Receipt and reviewed Notice of Service and Order regarding payments. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE JAMES A. CHEROF 0.30 $195.00 DANIELLA M. NORMIL 0.80 125.00 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 03/02/2017 306-9905227 14325 HOURS 0.20 0.30 0.20 0.40 1.10 158.50 TOTAL $58.50 100.00 158.50 $158.50 Page 158 of 675 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard Boynton Beach FL 33425 Attn: Lynn Swanson Freedom Mortgage Corporation (Price, Perry A.) 02/20/2017 SCW Draft Answer and Affirmative Defenses. ACCOUNT NO STATEMENT NO 02/22/2017 SCW Meeting with JAC and telephonic conference with the Code Department. Revise Answer and Affirmative Defenses. FOR CURRENT SERVICES RENDERED TIMEKEEPER SHARI C. WALLEN TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 1.50 $195.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 03/02/2017 306-9905250 14326 HOURS 0.90 0.60 1.50 292.50 TOTAL $292.50 292.50 $292.50 Page 159 of 675 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard Boynton Beach FL 33425 Attn: Lynn Swanson adv. Seminole Lakes Homeowners Association, Inc. (I1-14 Property Florida, LP a Delaware Limited Partnership) 02/24/2017 SCW Review file and Complaint. Draft Notice of Disclaimer. FOR CURRENT SERVICES RENDERED TIMEKEEPER SHARI C. WALLEN TOTAL CURRENT WORK BALANCE DUE ACCOUNT NO STATEMENT NO HOURS 0.70 0.70 RECAPITULATION HOURS HOURLY RATE TOTAL 0.70 $195.00 $136.50 Page: 1 03/02/2017 306-9905251 14327 136.50 136.50 $136.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 160 of 675 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard Boynton Beach FL 33425 Attn: Lynn Swanson adv. Sharon R. Bock, as Clerk and Comptroller for Palm Beach County, Florida (Ganoe, William & Blanchard, Joshua) 02/24/2017 SCW Review file and review public records. ACCOUNT NO STATEMENT NO 02/27/2017 BJS Meeting with SCW re: case review 02/28/2017 SCW Review Complaint and Exhibits, and Public Records and Prepare Answer and Affirmative Defenses. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE BRIAN J. SHERMAN 0.20 $195.00 SHARI C. WALLEN 2.60 195.00 Photocopies TOTAL EXPENSES THRU 02/28/2017 TOTAL CURRENT WORK BALANCE DUE Page: 1 03/02/2017 306-9905252 14328 HOURS 0.30 0.20 2.30 2.80 546.00 TOTAL $39.00 507.00 41.30 41.30 587.30 $587.30 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 161 of 675 Goren, Cherof, Doody & Ezrol, P.A. - Feb 2017 Risk Cases Jean-Baptis, Kevens 136.50 Freeman, Luanne(False Arrest) 78.00 Ford, Sharron(Negligence arrest) 331.50 Laster, Torami(Slip & Fall) 97.50 Mina, German (Slip & Fall) 5,981.15 Gregory, Mola (Slip & Fall) 450.00 Oldham, Dana (Fall) 778.50 Robinson, Bennie(False Arrest) 2,889.50 Galindez, Dennis(Slip & Fall) 2,411.00 Caliskan, Hasan(MVA) 390.00 Jenkins, Gail & Leon (Demolition) 1,295.40 Baez, Estela (Slip & Fall) 1,189.50 Blutcher, Pamela (MVA) 757.45 Goldman, Barry(Bike/grate accident) 15,854.25 Braswell, Jeff rey(Excessive Force) 175.50 Jackson-Evancich, Deborah 195.70 Broberg, Leif Complaint(2015) 585.00 Dunn, Jonathan(arrest w/o probable) 58.50 Wade, George(auto accident) 1,152.00 Ceus, Amya(Injuries @ Park&Rec) 312.00 Caliendo, Giovanni & Emily(Code) 1,386.15 Shevlin, Patrick(false arrest) 369.00 Ryan, Ronald(whistleblower) 136.50 Estime, Robens(Police Deadly Force) 4,300.50 Barthelmy, Clorena(Vehicle Accident) 58.50 Hill, Ashley(excessive force) 97.50 Clemens, Jennifer(Personal Injury) 253.50 Bolt, Barbara Dilger (MVA) 39.00 Basinski, Donna(MVA Garbage Truck) 39.00 Jenkins, Laquanda (Public Works) 0.00 TOTAL Goren,Cherof Risk Legal Costs 41,798.60 Page 162 of 675 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard Boynton Beach FL 33425 Attn: Lynn Swanson adv. Jean -Baptist, Kevens Billing Category 18-RLO Claim #001470 -000352 -PP -01 ACCOUNT NO STATEMENT NO 02/14/2017 TAD Receipt and review of correspondence from adjuster re: status of claim. 02/15/2017 TAD Receipt and review of internal affairs report and information on status of investigation re: response to request for information from adjuster. FOR CURRENT SERVICES RENDERED TIMEKEEPER TRACEY A. DECARLO TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.70 $195.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 03/02/2017 306-9905022 14330 HOURS 0.10 0.60 0.70 136.50 TOTAL $136.50 136.50 $136.50 Page 163 of 675 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard Boynton Beach FL 33425 Attn: Lynn Swanson adv. Ford, Sharron (negligence arrest) Billing Category 18-RLO ACCOUNT NO STATEMENT NO .[6Pj;R 02/06/2017 TAD Receipt and review correspondence re: mediation. Receipt of status report. 0.30 02/07/2017 TAD Receipt and review correspondence from City re: mediation and prepare response to same. Prepare correspondence to outside counsel re: status. 0.20 02/13/2017 TAD Receipt and review of notice of mediation and correspondence re: same. 0.10 02/15/2017 TAD Receipt of correspondence from outside counsel re: status and prepare response to same. 0.20 02/16/2017 TAD Receipt and review of correspondence from outside counsel re: status and mediation. 0.10 02/20/2017 TAD Extended telephone conference with outside counsel re: status and mediation issues. Prepare memorandum re: information on claim. Prepare correspondence to city re: same. 0.80 FOR CURRENT SERVICES RENDERED 1.70 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 1.70 $195.00 $331.50 TOTAL CURRENT WORK BALANCE DUE Page: 1 03/02/2017 306-9905029 14331 331.50 331.50 $331.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 164 of 675 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard Boynton Beach FL 33425 Attn: Lynn Swanson adv. Freeman, Luanne (False Arrest) Billing Category: 18-RLO Claim #001470 -000348 -PP -01 01/30/2017 TAD Receipt and review of order dismissing case. 02/08/2017 TAD Receipt and review of correspondence from plaintiff re: settlement and prepare correspondence to City re: same. FOR CURRENT SERVICES RENDERED TIMEKEEPER TRACEY A. DECARLO TOTAL CURRENT WORK BALANCE DUE ACCOUNT NO STATEMENT NO RECAPITULATION HOURS HOURLY RATE 0.40 $195.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 03/02/2017 306-9905039 14332 HOURS 0.10 0.30 0.40 78.00 TOTAL $78.00 78.00 $78.00 Page 165 of 675 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard ACCOUNT NO Boynton Beach FL 33425 STATEMENT NO Attn: Lynn Swanson adv. Laster, Torami (slip & fall) Billing Category 18-RLO Claim #001470 -000342 -GB -01 02/07/2017 TAD Receipt and review of correspondence from adjuster re: status and prepare response to same. 02/13/2017 TAD Telephone conference with adjuster re: claim status and offer. FOR CURRENT SERVICES RENDERED TIMEKEEPER TRACEY A. DECARLO TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.50 $195.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 03/02/2017 306-9905056 14333 HOURS 0.20 0.30 0.50 97.50 TOTAL $97.50 97.50 $97.50 Page 166 of 675 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 03/02/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905062 Boynton Beach FL 33425 STATEMENT NO: 14334 Attn: Lynn Swanson adv. Mina, German (slip & Fall) Billing Category: 18-RLO Claim #001470 -000340 -GB -01 HOURS 01/30/2017 DNM Followed up on scheduling deposition dates with Plaintiff's attorney. 0.30 01/31/2017 DNM Telephone call from Janet Van Alstine to discuss dates of availability for depositions of the medical experts in this case. 0.30 02/01/2017 DNM Discussion with Janet Re:: Scheduling depositions of medical experts. 0.60 TAD Receipt and review of correspondence from investigator re: depositions and prepare response to same. Telephone conference with City re: deposition of employees from public works. 0.30 02/03/2017 DNM Drafted deposition notice for Dr. Chung. 0.20 DNM Follow up with Janet regarding the location for Dr. Mahan's Deposition. 0.50 DNM Started organizing and preparing materials for upcoming trial. 2.60 TAD Research re: video evidence. Prepare for deposition of investigator. Prepare for meeting with assistant public works director. 1.30 02/06/2017 DNM Finalized Notice of Deposition Duces Tecum for Dr. Mahan. 0.30 DNM Reviewed and organized records for upcoming trial. 2.00 02/07/2017 TAD Receipt and review correspondence re: depositions of doctors. Prepare outline of issues for deposition of Obrevich. 0.80 02/08/2017 DNM Preparation of trial binder, folders. 3.00 02/09/2017 DNM Preparing trial binder, folders, and organizing our exhibit list. 4.60 02/10/2017 DNM Continued working on trial binder, folders, and exhibit list. 5.60 TAD Revise pre-trial report to include additional information. Prepare correspondence to adjuster re: same. Receipt of correspondence from adjuster re: authority. 0.60 02/13/2017 TAD Attend pre -deposition conference with investigator. Attend pre -deposition conference with assistant public works director. 0.90 Page 167 of 675 Page: 2 CITY OF BOYNTON BEACH 03/02/2017 ACCOUNT NO: 306-9905062 STATEMENT NO: 14334 adv. Mina, German (slip & Fall) 02/14/2017 TAD Receipt of correspondence from plaintiff counsel re: deposition of investigator and prepare response to same. Telephone conference with Roberts re: deposition. Attend deposition of Roberts. Confer with plaintiff counsel re: potential settlement. TAD Receipt and review of correspondence re: deposition of plaintiffs expert and prepare response to same. 02/15/2017 TAD Receipt and review of request for Clty's records and prepare response to same;. 02/21/2017 TAD Receipt and review of correspondence from plaintiff counsel re: trial exhibits and prepare response to same. 02/22/2017 TAD Review claim information and prepare for calendar call. Receipt of correspondence from the plaintiff re: additional depositions and motion. Receipt of correspondence from plaintiff re: stipulation. Draft proposed pre-trial stipulation. 02/23/2017 TAD Telephone conference with plaintiff counsel re: trial issues and agreement. Attend calendar call for matter. Second telephone conference with plaintiff re: settlement and pre-trial stipulation. DNM Located and started organizing all documents, including medical records and all pleadings in preparation for upcoming trial. 02/24/2017 TAD Receipt and review of plaintiffs motion to strike and continue. Telephone conference with plaintiff re: status of claim and potential settlement. Receipt of correspondence from plaintiff re: changes to stipulation. Revise stipulation. Receipt of correspondence from plaintiff re: motion to continue and trial issues. Receipt of notice of hearing on motion to strike and continue. JAC Review M/continue, pre-trial stipulations and related trial issues DNM Started preparing our exhibit list, cross-referencing with Plaintiffs exhibit list, making notes of all documents and records needed for trial, and creating trial binders. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE JAMES A. CHEROF 0.50 $195.00 DANIELLA M. NORMIL 24.20 125.00 TRACEY A. DECARLO 14.50 195.00 Photocopies TOTAL EXPENSES THRU 02/28/2017 TOTAL CURRENT WORK 3.60 0.20 0.20 0.20 1.40 3.80 1.10 1.20 0.50 3.10 39.20 TOTAL $97.50 3,025.00 2,827.50 5,950.00 31.15 31.15 5,981.15 Page 168 of 675 CITY OF BOYNTON BEACH adv. Mina, German (slip & Fall) BALANCE DUE Page: 3 03/02/2017 ACCOUNT NO: 306-9905062 STATEMENT NO: 14334 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE $5,981.15 Page 169 of 675 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard Boynton Beach FL 33425 Attn: Lynn Swanson adv. Gregory, Mola (slip & fall) Billing Category: 18-RLO Claim #001470 -000341 -GB -01 02/01/2017 DNM Continued working on received documents to update our records and notes. 02/06/2017 DNM Review of incoming records and documents to update our records. FOR CURRENT SERVICES RENDERED TIMEKEEPER DANIELLA M. NORMIL TOTAL CURRENT WORK BALANCE DUE ACCOUNT NO STATEMENT NO RECAPITULATION HOURS HOURLY RATE 3.60 $125.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 03/02/2017 306-9905066 14335 HOURS 2.20 1.40 3.60 450.00 TOTAL $450.00 450.00 $450.00 Page 170 of 675 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 03/02/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905069 Boynton Beach FL 33425 STATEMENT NO: 14336 Attn: Lynn Swanson adv. Oldham, Dana (fall) Billing Category 18-RLO Claim #001470 -000346 -GB -01 HOURS 02/02/2017 TAD Receipt and review of correspondence from adjuster re: claim information and prepare response to same. Receipt of notice of non-party production. Receipt of subpoenas to Social Security; Ascent; Bethesda Hospital; Orthopedic Centers of the Palm Beaches; Florida Hospital; Cleveland Clinic; JFK Medical Center; Dr. Sanandeo;Dr. Gabor; and Optum. 1.40 02/06/2017 DNM Drafted Request for copies. 0.30 TAD Receipt and review of Any Kind's answer and affirmative defenses and motion to dismiss. 0.30 02/07/2017 TAD Receipt and review of reply to affirmative defenses. Receipt of correspondence re: mediation and deposition of plaintiff. Receipt of correspondence Any Kind re: same. Prepare response to same. 0.60 02/10/2017 TAD Receipt and review of correspondence re: mediation. 0.10 02/13/2017 TAD Receipt and review of response to request for records and prepare correspondence re: same. 0.20 02/14/2017 TAD Receipt and review of correspondence re: pre -mediation report. 0.10 02/15/2017 TAD Receipt and review of notice of mediation and prepare correspondence to the City re: same. 0.20 02/17/2017 TAD Receipt and review of correspondence from the Clty re: mediation. 0.10 02/20/2017 TAD Receipt and review of correspondence re: deposition of plaintiff an prepare response to same. 0.20 02/21/2017 TAD Receipt and review of certificate of non -objection re: non party subpoenas. Receipt of correspondence re: deposition of plaintiff. 0.20 02/27/2017 TAD Receipt and review of notice of non-party production and subpoenas and prepare request for records. 0.40 Page 171 of 675 CITY OF BOYNTON BEACH ACCOUNT NO STATEMENT NO adv. Oldham, Dana (fall) RECAPITULATION TIMEKEEPER HOURS HOURLY RATE DANIELLA M. NORMIL 0.30 $125.00 TRACEY A. DECARLO 3.80 195.00 TOTAL CURRENT WORK BALANCE DUE HOURS 4.10 741.00 Page: 2 03/02/2017 306-9905069 14336 778.50 $778.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 172 of 675 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 03/02/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905073 Boynton Beach FL 33425 STATEMENT NO: 14337 Attn: Lynn Swanson adv. Robinson, Bennie (false arrest) Billing Category 18-RLO Claim #001470 -000336 -GB -01 HOURS 01/31/2017 DNM Finished revising Trial Order outline and reviewed records. 1.10 02/03/2017 DNM Receipt and reviewed plaintiff's RFP and Interrogatories to follow up on what is missing. 0.80 02/06/2017 TAD Review plaintiffs discovery responses. Review medical records produced by plaintiff. Review plaintiff initial disclosures. Review police report and prepare for the deposition of the plaintiff. 3.60 02/07/2017 TAD Receipt and review correspondence from plaintiff re: mediation. Prepare response to same . Receipt of correspondence from Harris counsel re: mediator. Receipt of plaintiffs request to court clerk to appoint mediator. 0.50 02/08/2017 TAD Receipt and review of clerks appointment of mediator. 0.10 02/10/2017 TAD Attend deposition of plaintiff. Confer with plaintiff counsel re: depositions of City personnel. Confer with Harris counsel re: offer. 6.30 02/16/2017 TAD Prepare report to City re: deposition of the plaintiff. Prepare correspondence to the Clty re: prior history of plaintiff and arrest records. 1.40 02/20/2017 TAD Receipt and review of correspondence from plaintiff re: deposition of city officers. Telephone conference with City re: officers and information on employment. Prepare correspondence to officers re: same. 0.40 02/24/2017 TAD Receipt and review of correspondence from City re: deposition of Mills, Herny and Harris. Telephone conference with City rte warrant. Prepare correspondence to Herny re: deposition and meeting. 0.80 02/27/2017 TAD Telephone conference with the City re: information on the Plaintiff. Receipt of correspondence from Officer Herny re: meeting and deposition. Receipt of notice of non-party production and prepare request for copies of same. 0.50 FOR CURRENT SERVICES RENDERED 15.50 2,889.50 Page 173 of 675 Page: 2 CITY OF BOYNTON BEACH 03/02/2017 ACCOUNT NO: 306-9905073 STATEMENT NO: 14337 adv. Robinson, Bennie (false arrest) TIMEKEEPER DANIELLA M. NORMIL TRACEY A. DECARLO TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE TOTAL 1.90 $125.00 $237.50 13.60 195.00 2,652.00 2,889.50 $2,889.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 174 of 675 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 03/02/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905083 Boynton Beach FL 33425 STATEMENT NO: 14338 Attn: Lynn Swanson adv. Galindez, Dennis (slip & fall) Billing Category: 18-RLO Claim #001470 -000330 -GB -01 HOURS 01/30/2017 TAD Receipt and review of correspondence from First Genesis counsel re: proposed order. Review order. Receipt of amended answer and affirmative defenses. Prepare correspondence to First Genesis counsel re: issues with order and receipt of response to same with amended order. Receipt of notice of cancellation of hearing. 0.60 02/01/2017 TAD Receipt of correspondence to court re: proposed order. Review proposed order and attached amended answer. 0.20 02/06/2017 TAD Receipt and review of motion for extension of time to complete discovery. 0.20 02/07/2017 TAD Receipt and review of notice of hearing on motion for extension of time. 0.10 02/13/2017 TAD Receipt and review of notice of hearing on motion to remove case from docket. Receipt of correspondence from plaintiff re: depositions of city employees. 0.30 02/15/2017 TAD Receipt and review of request for records. Receipt of correspondence re: depositions of city employees and prepare response to same. 0.40 02/16/2017 SCW Review Motions in Preparation for Hearing on 2/16/17. Attend hearing on Plaintiff's Motion to Extend Discovery Cut -Off and First Genesis Lawn Service, Inc.'s Motion to Remove/Strike Case from Trial Docket or in the Alternative Motion to Continue Trial. 4.00 TAD Receipt and review of notice of non-party production and subpoenas to Dr. Kadinask; Dr. Specter; Dr. Sukienik; and Dr. Trejo. Receipt of motion to strike First Genesis Affirmative Defenses. Prepare correspondence to the Clty rehearing on motion to extend discovery and strike case. 0.60 02/17/2017 TAD Receipt and review of notice of hearing on motion to strike. Prepare correspondence to all counsel re:trial order. 0.20 02/20/2017 TAD Telephone conference with First Genesis counsel re: notice of hearing and motions and potential witnesses. 0.20 Page 175 of 675 Page: 2 CITY OF BOYNTON BEACH 03/02/2017 ACCOUNT NO: 306-9905083 STATEMENT NO: 14338 adv. Galindez, Dennis (slip & fall) �� 02/21/2017 TAD Receipt and review of correspondence from First Genesis counsel re: trial setting. Telephone conference with Plaintiff re: order on motion to extend discovery. Receipt of correspondence from plaintiff counsel re: trial setting and prepare response to same. 0.60 02/22/2017 TAD Receipt and review notice of compliance with request for records and receipt of correspondence to city re: depositions of City employees. 0.10 02/27/2017 TAD Receipt and review of motions and prepare for hearings on same. 0.20 02/28/2017 TAD Attend hearing on motion to strike affirmative defenses and motion to strike trial date. Receipt of order on motion for extension of discovery. Receipt of order setting trial. Confer with First Genesis counsel re: depositions and trial issues. Receipt of correspondence re: proposed order. Receipt of proposed order. 4.60 FOR CURRENT SERVICES RENDERED 12.30 2,398.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 8.30 $195.00 $1,618.50 SHARI C. WALLEN 4.00 195.00 780.00 Photocopies 7.00 TOTAL EXPENSES THRU 02/28/2017 7.00 02/16/2017 Parking - SCW 5.50 Parking - 5.50 TOTAL ADVANCES THRU 02/28/2017 5.50 TOTAL CURRENT WORK 2,411.00 BALANCE DUE $2,411.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 176 of 675 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 03/02/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905092 Boynton Beach FL 33425 STATEMENT NO: 14339 Attn: Lynn Swanson adv. Caliskan, Hasan (MVA) Billing Category: 18-RLO Claim #001470 -000354 -AB -02 02/13/2017 TAD Receipt and review of correspondence re: mediation and status and prepare response to same. 0.20 02/16/2017 TAD Receipt and review of notice of mediation and prepare correspondence to the Clty re: same. 0.20 02/17/2017 TAD Receipt and review of correspondence from adjuster re: status and prepare update on same.. Prepare correspondence to plaintiff re: settlement. 0.30 FOR CURRENT SERVICES RENDERED 2.00 390.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 2.00 $195.00 $390.00 TOTAL CURRENT WORK 390.00 Page 177 of 675 HOURS 01/30/2017 TAD Receipt and review of correspondence re: mediation and prepare response to same. 0.20 02/01/2017 TAD Prepare correspondence to plaintiff counsel re: mediation and trial. Prepare correspondence to City re: mediation. 0.30 02/02/2017 TAD Receipt and review of correspondence from plaintiff re: mediation and prepare response to same. 0.20 02/03/2017 TAD Extended telephone conference with plaintiff counsel re: settlement issues and trial submissions. Prepare correspondence to plaintiff re: same. 0.40 02/07/2017 TAD Receipt and review of correspondence from plaintiff re: mediation. Prepare response to same. 0.20 02/13/2017 TAD Receipt and review of correspondence re: mediation and status and prepare response to same. 0.20 02/16/2017 TAD Receipt and review of notice of mediation and prepare correspondence to the Clty re: same. 0.20 02/17/2017 TAD Receipt and review of correspondence from adjuster re: status and prepare update on same.. Prepare correspondence to plaintiff re: settlement. 0.30 FOR CURRENT SERVICES RENDERED 2.00 390.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 2.00 $195.00 $390.00 TOTAL CURRENT WORK 390.00 Page 177 of 675 CITY OF BOYNTON BEACH adv. Caliskan, Hasan (MVA) BALANCE DUE Page: 2 03/02/2017 ACCOUNT NO: 306-9905092 STATEMENT NO: 14339 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE $390.00 Page 178 of 675 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 03/02/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905093 Boynton Beach FL 33425 STATEMENT NO: 14340 Attn: Lynn Swanson adv. Jenkins, Gail and Leon (Demolition) Billing Code: 18-RLO Claim #001470 -000382 -GD -01 HOURS 02/01/2017 TAD Review claims and code information re: offer to MERS. Prepare correspondence to MERS counsel re: settlement. Prepare correspondence to City re: settlement issues. 0.90 02/02/2017 TAD Receipt and review of correspondence from MERS counsel re: motion for extension of time and prepare response to same. Review additional information re: lien and revise correspondence to MERS counsel re: settlement of third party claim. Receipt of correspondence from adjuster re: claim information and prepare response to same. 0.80 02/03/2017 TAD Receipt and review of correspondence from MERS counsel re: payoff information. Confer with City re: same. 0.20 02/06/2017 TAD Receipt and review of correspondence from MERS counsel re: offer and prepare: response to same. 0.20 02/07/2017 TAD Receipt and review of correspondence from adjuster re: status and prepare response to same. Receipt of correspondence from MERS counsel re: motion for extension of time and prepare response to same. Receipt of proposed order. Prepare correspondence to MERS re: proposed order. 0.70 02/08/2017 TAD Receipt and review of Plaintiffs' answer and affirmative defenses to counterclaim. Prepare correspondence re: same. 0.30 02/13/2017 DNM Working on reply to affirmative defenses. 2.80 02/16/2017 JAC review counterclaim answer and related pleading; outline trial option 0.70 02/17/2017 TAD Receipt and review of order on motion for extension of time. 0.10 02/23/2017 TAD Extended telephone conference with counsel for MERS re: response to counterclaim and settlement. 0.30 02/28/2017 DNM Finished drafting Reply to Plaintiffs Answer and Affirmative Defenses. 1.00 Page 179 of 675 Page: 2 CITY OF BOYNTON BEACH 03/02/2017 ACCOUNT NO: 306-9905093 STATEMENT NO: 14340 adv. Jenkins, Gail and Leon (Demolition) FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE JAMES A. CHEROF 0.70 $195.00 DANIELLA M. NORMIL 3.80 125.00 TRACEY A. DECARLO 3.50 195.00 Photocopies TOTAL EXPENSES THRU 02/28/2017 TOTAL CURRENT WORK BALANCE DUE HOURS 8.00 TOTAL $136.50 475.00 682.50 1,294.UU 1.40 1.40 1,295.40 $1,295.40 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 180 of 675 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard Boynton Beach FL 33425 Attn: Lynn Swanson adv. Baez, Estela (slip & fall) Billing Category 18-RLO Claim #001470 -000364 -GB -01 01/30/2017 TAD Receipt and review of order setting trial. ACCOUNT NO STATEMENT NO HOURS 0.20 02/01/2017 TAD Telephone conference with Leisureville adjuster re: settlement. Receipt of correspondence from plaintiff re: settlement. 0.30 02/02/2017 TAD Receipt and review of correspondence from plaintiff re: settlement. Prepare correspondence to Leisureville re: settlement. Prepare correspondence to the City re: settlement. Telephone conference with Leisureville adjuster re: documents required. Prepare correspondence to plaintiff re: same. Draft release. 2.30 02/03/2017 TAD Revise release document to include additional information. Telephone conference with plaintiff re: information needed for settlement. Telephone conference with Leisureville counsel re:medical information. 0.90 02/06/2017 TAD Receipt and review of correspondence from plaintiff re: medical records and medicare information. Receipt of records. Receipt of correspondence re: release. Revise release re: same. 0.80 02/14/2017 TAD Revise release to include medicare information and release. Prepare correspondence to leisureville adjuster re: release. Receipt of correspondence from plaintiff re: settlement and prepare response to same. 0.80 02/21/2017 TAD Receipt and review of correspondence from Leisureville re: changes to release. Revise release documents. Prepare correspondence to plaintiff counsel re: release. 0.40 02/22/2017 TAD Receipt and review of correspondence from the Plaintiff re: release and changes to same. 0.10 02/28/2017 TAD Receipt of correspondence re: release and release. Prepare correspondence to the plaintiff re: same. 0.30 FOR CURRENT SERVICES RENDERED 6.10 Page: 1 03/02/2017 306-9905097 14341 1, .1 ua.Ou Page 181 of 675 Page: 2 CITY OF BOYNTON BEACH 03/02/2017 ACCOUNT NO: 306-9905097 STATEMENT NO: 14341 adv. Baez, Estela (slip & fall) TIMEKEEPER TRACEY A. DECARLO TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE TOTAL 6.10 $195.00 $1,189.50 1,189.50 $1,189.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 182 of 675 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 03/02/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905102 Boynton Beach FL 33425 STATEMENT NO: 14342 Attn: Lynn Swanson adv. Blutcher, Pamela (MVA) Billing Category - 18RLO Claim #001470 -000369 -AB -01 HOURS 02/02/2017 TAD Receipt and review of medical information re: claim and prepare correspondence to adjuster re: same. Prepare notice of hearing on motion to compel. Prepare correspondence to City re: information on property damage claims and investigation. 0.90 02/20/2017 TAD Review motion to compel better answers from City and discovery and prepare for hearing on same. Review motion to compel plaintiff and prepare for hearing on same. Prepare proposed orders on motions. Extended telephone conference with plaintiff counsel re motions and discovery issues. 2.00 02/24/2017 TAD Prepare amended response to plaintiff's request for production. Prepare amended answers to interrogatories. 0.70 02/27/2017 TAD Prepare correspondence to plaintiff re: additional response to request for production. 0.20 FOR CURRENT SERVICES RENDERED 3.80 741.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 3.80 $195.00 $741.00 Photocopies 16.45 TOTAL EXPENSES THRU 02/28/2017 16.45 TOTAL CURRENT WORK 757.45 BALANCE DUE $757.45 Page 183 of 675 CITY OF BOYNTON BEACH adv. Blutcher, Pamela (MVA) Page: 2 03/02/2017 ACCOUNT NO: 306-9905102 STATEMENT NO: 14342 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 184 of 675 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 03/02/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905111 Boynton Beach FL 33425 STATEMENT NO: 14343 Attn: Lynn Swanson adv. Goldman, Barry (bike/grate accident) Billing Category: 18-RLO Claim #001470 -000373 -GB -01 HOURS 01/30/2017 TAD Confer with JAC re: mediation issues and claims. Receipt of correspondence from clerk re: closed door session. 0.30 JAC Review FDOT regulations and discuss liability issue with TD; research comparative negligence issue regarding pre-trial motions. 0.60 02/01/2017 JAC Review for closed door 0.20 DNM Started to review and organize folder for upcoming mediation. 0.90 TAD Revise pre -mediation report to include additional information and claims. 1.20 02/02/2017 DNM Reviewed additional records to send out NPNPs. 1.00 TAD Review case law re: issues for motions directed at plaintiffs expert testimony. Prepare additional questions and exhibits for deposition of plaintiffs expert. 2.50 02/03/2017 DNM Started organizing file for upcoming trial; following up on records. 2.50 TAD Attend deposition of Plaintiffs expert. Confer with plaintiff re: mediation and trial issues. 3.80 02/06/2017 TAD Receipt and review of correspondence from plaintiff re medical claim information. Receipt of lien information. Receipt of amended expert report and exhibits. Prepare for meeting with City re: claims and mediation issues. 2.40 02/07/2017 DNM Reviewed Plaintiff's exhibits; started organizing our exhibits. 3.00 JAC prepare for and attend closed door; follow up with TD re: mediation issues 0.80 TAD Attend meeting with City re: mediation and trial. Confer with JAC re: claims. Receipt of correspondence re: mediation and prepare: response to same. 3.80 02/08/2017 DNM Reserched rules and procedures to request the inspection of a material at a mediation; Drafted request for inspection; continued working on organizing documents for mediation. 3.40 JAC follow up re: discovery issue 0.20 TAD Prepare correspondence to plaintiff re: inspection and receipt of response to same. Review case law re: plaintiffs use of expert testimony and photographs at trial. 2.40 Page 185 of 675 Page: 2 CITY OF BOYNTON BEACH 03/02/2017 ACCOUNT NO: 306-9905111 STATEMENT NO: 14343 adv. Goldman, Barry (bike/grate accident) �� 02/09/2017 DNM Review and revised draft of Request for Inspection with some changes to 02/16/2017 DNM Review of Goldman documents, medical records, invoices to define a plan of action; meeting with Tracy regarding trial preparation strategy for upcoming trial dates, instructions for trial. 3.80 JAC mediation follow up; review pleadings and witness lists 0.30 02/17/2017 DNM Conducted research on court rulings; communicated with the JA regarding Judge's rules; preparation for the trial; created folders for all jurors. 3.90 TAD Review FDOT guidelines, AASHTO standards, Florida Greenbook and other design standards relied upon by plaintiff expert re: trial issues and motions. Review case law re: testimony of expert for motions in limine. 4.60 02/20/2017 DNM Prepare Plaintiffs exhibit list and city exhibit list. 1.90 TAD Telephone conference with Plaintiff counsel re: deposition of plaintiff. Review case law re: additional jury instructions. Receipt of correspondence re: medical visits and additional information. Receipt of additional medical information. Receipt of notice of intent to use summary and summary. Review case law re: same. Prepare correspondence to plaintiff re: objection to notice and prepare motion in limine re: same. 2.80 02/21/2017 DNM Prepared trial documents and binders. 5.10 JAC site visit and trial preparation 1.00 DNM Deposition summary of Barry Goldman. 1.30 TAD Prepare memo re: trial issues and witnesses. Review case law re: plaintiffs proposed demonstrative exhibits for motion to strike. 2.60 02/22/2017 DNM Prepared materials for trial. 6.60 JAC Pre -Trial conference with RD; evaluate witnesses, exhibits, demonstrative exhibits; pre trial stipulation 0.80 TAD Confer with JAC re: trial issue. Receipt of correspondence from plaintiff re: pre-trial stipulation. Receipt of proposed stipulation. Prepare response to plaintiff re: same. Receipt of second correspondence from plaintiff re: Page 186 of 675 file and serve. 0.80 JAC review for closed door 0.20 02/10/2017 TAD Prepare pre -mediation report to mediator. Receipt of correspondence from mediator re: same. 0.80 02/13/2017 TAD Attend mediation of matter. Prepare correspondence to adjuster re: same. 3.60 02/14/2017 JAC Review mediation developments and trial issues with TD. 0.60 DNM Started to prepare medical records and filed documents to organize materials in binders. 0.80 TAD Receipt and review of plaintiffs supplemental exhibit list. Receipt of plaintiffs supplemental witness list. Review case law re: evidentiary issues re: plaintiffs expert re: trial preparation. 1.70 02/15/2017 TAD Receipt and review of mediation report. Review additional exhibits identified by plaintiff expert regarding pretrial motions. Review case law re: motion in limine to exclude evidence. 2.40 02/16/2017 DNM Review of Goldman documents, medical records, invoices to define a plan of action; meeting with Tracy regarding trial preparation strategy for upcoming trial dates, instructions for trial. 3.80 JAC mediation follow up; review pleadings and witness lists 0.30 02/17/2017 DNM Conducted research on court rulings; communicated with the JA regarding Judge's rules; preparation for the trial; created folders for all jurors. 3.90 TAD Review FDOT guidelines, AASHTO standards, Florida Greenbook and other design standards relied upon by plaintiff expert re: trial issues and motions. Review case law re: testimony of expert for motions in limine. 4.60 02/20/2017 DNM Prepare Plaintiffs exhibit list and city exhibit list. 1.90 TAD Telephone conference with Plaintiff counsel re: deposition of plaintiff. Review case law re: additional jury instructions. Receipt of correspondence re: medical visits and additional information. Receipt of additional medical information. Receipt of notice of intent to use summary and summary. Review case law re: same. Prepare correspondence to plaintiff re: objection to notice and prepare motion in limine re: same. 2.80 02/21/2017 DNM Prepared trial documents and binders. 5.10 JAC site visit and trial preparation 1.00 DNM Deposition summary of Barry Goldman. 1.30 TAD Prepare memo re: trial issues and witnesses. Review case law re: plaintiffs proposed demonstrative exhibits for motion to strike. 2.60 02/22/2017 DNM Prepared materials for trial. 6.60 JAC Pre -Trial conference with RD; evaluate witnesses, exhibits, demonstrative exhibits; pre trial stipulation 0.80 TAD Confer with JAC re: trial issue. Receipt of correspondence from plaintiff re: pre-trial stipulation. Receipt of proposed stipulation. Prepare response to plaintiff re: same. Receipt of second correspondence from plaintiff re: Page 186 of 675 Page: 3 CITY OF BOYNTON BEACH 03/02/2017 ACCOUNT NO: 306-9905111 STATEMENT NO: 14343 adv. Goldman, Barry (bike/grate accident) HOURS calendar call. Receipt of unilateral pre-trial stipulation. Review case law re: remedial measures and revise motion in limine. Prepare notice of hearing on motions. Review plaintiffs medical information re: information on claims and summary re: motion in limine. 3.00 02/23/2017 TAD Attend calendar call on claim. Confer with police department witness re: incident and claim information. 3.30 DNM Discussion with Tracey regarding Calendar Call; contacted witness; assembled duplicates of all of plaintiff's answers and responses to our interrogatories for the trial. 4.40 JAC Trial prep -discuss demonstrative 0.30 02/24/2017 TAD Receipt and review of case law regarding use of photographs from public sources and prepare outline re: same. Review plaintiff response to motions and case law re: same. 2.30 DNM Gathered further information for jury chart for preparation of trial. 1.30 02/27/2017 JAC review with TD for trial 0.30 TAD Receipt of deposition of plaintiffs expert and review same re: trial and motions. Prepare: correspondence to plaintiff re: City motions. Receipt of correspondence from plaintiff re: same. Review case law from plaintiff re:medical records. 4.30 02/28/2017 TAD Receipt of correspondence re: deposition of expert and prepare response to same. Extended telephone conference with plaintiff re: trial issues and discovery. Receipt of correspondence from plaintiff re: trial issues. Review additional case law from plaintiff re: motion in limine. 1.80 FOR CURRENT SERVICES RENDERED 95.60 15,793.00 V *oy-il Zil 101 W -A 110001 TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 5.30 $195.00 $1,033.50 DANIELLA M. NORMIL 40.70 125.00 5,087.50 TRACEY A. DECARLO 49.60 195.00 9,672.00 Photocopies 61.25 TOTAL EXPENSES THRU 02/28/2017 61.25 TOTAL CURRENT WORK 15,854.25 BALANCE DUE $15,854.25 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 187 of 675 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard Boynton Beach FL 33425 Attn: Lynn Swanson adv. Braswell, Jeffrey (excessive force) Billing Category 18-RLO Claim #001470 -000378 -PP -03 ACCOUNT NO STATEMENT NO 02/01/2017 TAD Receipt and review of mediation summary for claim. 0.30 02/07/2017 TAD Receipt and review of correspondence re: motion for funds and motion. 0.10 02/08/2017 TAD Receipt and review of correspondence re: demand from claimant. 0.10 02/13/2017 TAD Receipt and review of correspondence re: plaintiffs payment of court ordered amounts and correspondence re: same. 0.10 02/14/2017 TAD Receipt and review of correspondence re: mediation impasse. 0.10 02/24/2017 TAD Telephone conference with outside counsel re: settlement issues. 0.20 FOR CURRENT SERVICES RENDERED 0.90 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 0.90 $195.00 $175.50 TOTAL CURRENT WORK BALANCE DUE Page: 1 03/02/2017 306-9905114 14344 175.50 175.50 $175.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 188 of 675 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard ACCOUNT NO Boynton Beach FL 33425 STATEMENT NO Attn: Lynn Swanson adv. Jackson - Evancich, Deborah Billing Category: 18-RLO Claim #001470 -000329 -GB -01 HOURS 02/01/2017 TAD Receipt of correspondence from plaintiff re: stipulation. Review proposed stipulation. Prepare proposed order of dismissal and prepare correspondence to plaintiff re: same. Prepare correspondence to court re: stipulation and dismissal. 0.70 02/03/2017 TAD Receipt and review of order of dismissal and case disposition. Prepare correspondence to the City re: same. 0.30 FOR CURRENT SERVICES RENDERED 1.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 1.00 $195.00 $195.00 Photocopies TOTAL EXPENSES THRU 02/28/2017 TOTAL CURRENT WORK BALANCE DUE Page: 1 03/02/2017 306-9905115 14345 195.00 0.70 0.70 195.70 $195.70 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 189 of 675 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard ACCOUNT NO Boynton Beach FL 33425 STATEMENT NO Attn: Lynn Swanson Broberg, Leif Complaint (2015) Billing Category: 18-RLO Claim #001470 -000390 -EP -01 HOURS 02/07/2017 TAD Receipt and review of correspondence re: motion in opposition to motion to strike. Review memorandum in opposition. Telephone conference with outside counsel re: same. 0.50 02/08/2017 JAC review discovery and related issue of proof; research memorandum 0.50 02/16/2017 JAC review Broberg pleadings and status of case; review records 0.80 TAD Receipt and review of correspondence re: amended complaint and review of amended complaint and proposed answer. 0.40 02/23/2017 TAD Extended telephone conference with outside counsel re: response to amended complaint. Review changes. Prepare correspondence to the City re: same. 0.50 02/24/2017 TAD Telephone conference with City re: amended answer. Telephone conference with outside counsel re: same. 0.30 FOR CURRENT SERVICES RENDERED 3.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 1.30 $195.00 $253.50 TRACEY A. DECARLO 1.70 195.00 331.50 TOTAL CURRENT WORK BALANCE DUE Page: 1 03/02/2017 306-9905124 14346 585.00 $585.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 190 of 675 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 03/02/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905131 Boynton Beach FL 33425 STATEMENT NO: 14347 Attn: Lynn Swanson adv.Dunn, Jonathan (arrest without probable cause) Billing Category: 18-RLO Claim #001470 -000379 -PP -01 HOURS 02/08/2017 TAD Receipt and review of order dismissing case with prejudice. Prepare correspondence to City re: same. 0.30 FOR CURRENT SERVICES RENDERED 0.30 58.50 TIMEKEEPER TRACEY A. DECARLO TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE TOTAL 0.30 $195.00 $58.50 58.50 $58.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 191 of 675 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard ACCOUNT NO Boynton Beach FL 33425 STATEMENT NO Attn: Lynn Swanson adv. Wade, George (auto accident) Billing Category: 18-RLO Claim #001470 -000380 -AB -01 02/16/2017 TAD Receipt of correspondence from Solid Waste in response to public records request. Receipt of documents re: request. 0.50 02/17/2017 TAD Receipt and review of correspondence from expert re review and prepare response to same. 0.30 FOR CURRENT SERVICES RENDERED 8.40 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL DANIELLA M. NORMIL 7.00 $125.00 $875.00 TRACEY A. DECARLO 1.40 195.00 273.00 Page: 1 03/02/2017 306-9905132 14348 12/02/2016 Parking - TAD 4.00 Page 192 of 675 HOURS 01/30/2017 TAD Receipt and review of correspondence from expert re: review of claims and prepare correspondence to the City re: same. 0.20 01/31/2017 DNM Reviewed all medical records; updated our list. 1.00 02/01/2017 DNM Finished updating outline and reviewed incoming medical records to keep information updated in our notes. 2.60 02/02/2017 DNM Receipt and reviewed records from Dr. Kabinoff to add to our records; prepared additional records to send to Dr. Zeide. 3.40 02/13/2017 TAD Receipt and review of correspondence from court re: calendar call procedure change. 0.20 02/14/2017 TAD Receipt and review of correspondence re: status of claim from adjuster. Receipt of second correspondence re: status of subrogation claim. 0.20 02/16/2017 TAD Receipt of correspondence from Solid Waste in response to public records request. Receipt of documents re: request. 0.50 02/17/2017 TAD Receipt and review of correspondence from expert re review and prepare response to same. 0.30 FOR CURRENT SERVICES RENDERED 8.40 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL DANIELLA M. NORMIL 7.00 $125.00 $875.00 TRACEY A. DECARLO 1.40 195.00 273.00 Page: 1 03/02/2017 306-9905132 14348 12/02/2016 Parking - TAD 4.00 Page 192 of 675 CITY OF BOYNTON BEACH adv. Wade, George (auto accident) Parking - TOTAL ADVANCES THRU 02/28/2017 TOTAL CURRENT WORK BALANCE DUE Page: 2 03/02/2017 ACCOUNT NO: 306-9905132 STATEMENT NO: 14348 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE 4.00 4.00 1,152.00 $1,152.00 Page 193 of 675 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard ACCOUNT NO Boynton Beach FL 33425 STATEMENT NO Attn: Lynn Swanson adv. Ceus, Amya (injuries at Recreation & Parks) Billing Category: 18-RLO Claim #001470 -000386 -GB -01 HOURS 01/30/2017 TAD Receipt and review of correspondence re: settlement. Receipt of proposed release and prepare revisions to same. Receipt of correspondence from adjuster re: settlement with minor. Review statute re: issues with settlement with minor claimant. Prepare correspondence to adjuster re: revisions to release and information on settlement issues. 1.20 02/01/2017 TAD Receipt of correspondence from City re: insurance information and prepare response to same. Receipt of correspondence from adjuster and review revised release. 0.40 FOR CURRENT SERVICES RENDERED 1.60 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 1.60 $195.00 $312.00 TOTAL CURRENT WORK BALANCE DUE Page: 1 03/02/2017 306-9905142 14349 3 1 L.UU 312.00 $312.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 194 of 675 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 03/02/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905171 Boynton Beach FL 33425 STATEMENT NO: 14350 Attn: Lynn Swanson adv. Caliendo, Giovanni & Emily (code violation) Billing Category: 18-RLO Claim #001470 -000400 -PI -01 HOURS 02/10/2017 JAC Review case and discovery status for discussion with TD; review Trial order. 0.60 02/13/2017 SCW Review file and correspondence and case law received from opposing counsel in preparation of Motion to Dismiss hearing. Attend Motion to Dismiss hearing. 5.20 TAD Receipt and review of correspondence re: information from judicial assistant. Prepare correspondence to all counsel re: same. 0.20 02/16/2017 TAD Receipt and review of correspondence from the Plaintiff re: hearing issues and prepare response to same. Receipt of plaintiff's response to Hart's motion to dismiss and case law. 0.70 02/17/2017 TAD Receipt and review of motion for extension of time to respond to discovery. 0.20 02/28/2017 TAD Receipt of order on motion for extension of time. 0.10 FOR CURRENT SERVICES RENDERED 7.00 1,365.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 0.60 $195.00 $117.00 TRACEY A. DECARLO 1.20 195.00 234.00 SHARI C. WALLEN 5.20 195.00 1,014.00 Photocopies 17.15 TOTAL EXPENSES THRU 02/28/2017 17.15 12/14/2016 Parking - TAD 4.00 Page 195 of 675 CITY OF BOYNTON BEACH adv. Caliendo, Giovanni & Emily (code violation) Parking - TOTAL ADVANCES THRU 02/28/2017 TOTAL CURRENT WORK BALANCE DUE Page: 2 03/02/2017 ACCOUNT NO: 306-9905171 STATEMENT NO: 14350 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE 4.00 4.00 1,386.15 $1,386.15 Page 196 of 675 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard ACCOUNT NO Boynton Beach FL 33425 STATEMENT NO Attn: Lynn Swanson adv. Shevlin, Patrick (false arrest) Billing Category: 18-RLO Claim #001470 -000395 -PP -01 HOURS 01/30/2017 TAD Receipt and review correspondence from plaintiff re: motion to dismiss. Telephone conference with Judicial Assistant re: hearing on City's motion to dismiss. Prepare proposed order setting hearing and receipt of executed order from Court. Receipt of interrogatories and request for production to City. Prepare correspondence to plaintiff re: request for production and issues with same. Receipt of amended request for production to City. 1.40 01/31/2017 DNM Receipt and reviewed Order for Hearing. 02/06/2017 JAC review case status and settlement option FOR CURRENT SERVICES RENDERED TIMEKEEPER JAMES A. CHEROF DANIELLA M. NORMIL TRACEY A. DECARLO TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.30 $195.00 0.30 125.00 1.40 195.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 03/02/2017 306-9905186 14351 0.30 0.30 2.00 369.00 TOTAL $58.50 37.50 273.00 369.00 $369.00 Page 197 of 675 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 03/02/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905216 Boynton Beach FL 33425 STATEMENT NO: 14352 Attn: Lynn Swanson adv. Ryan, Ronald (whistleblower PD) Billing Category: 18 - RLO Claim #001470 -000410 -EP -01 HOURS 02/01/2017 TAD Telephone conference with City re: insurance issues. Receipt of correspondence from City re: insurance denial and responses. 0.50 02/23/2017 TAD Receipt and review of correspondence from plaintiff re: discovery and prepare response to same. 0.20 FOR CURRENT SERVICES RENDERED 0.70 136.50 TIMEKEEPER TRACEY A. DECARLO TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE TOTAL 0.70 $195.00 $136.50 136.50 $136.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 198 of 675 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard Boynton Beach FL 33425 Attn: Lynn Swanson adv. Estime, Robens (Police Deadly Force) Billing Category: 18-RLO Claim #001470 -000411 -PP -01 01/27/2017 SHB Check court docket re: status of criminal trial; discuss with TAD 02/03/2017 SHB Review clerk docket re: status of criminal trial; correspondence to prosecutor Bryan Poulton. 02/06/2017 SHB Discuss case matters with TAD. Review PC and follow up with PD re: criminal trial matters. ACCOUNT NO STATEMENT NO HOURS 0.30 0.30 02/08/2017 SHB Attend criminal trial at West Palm Beach courthouse. Follow up with TAD and SCW re: case matters. 7.50 02/09/2017 SCW Attend criminal trial involving Robens Estime. 8.50 SHB Discuss criminal trial matters with SCW. Telephone conference with Assistant Chief Crawford re: Officer Montoya trial summons. 0.60 02/10/2017 TAD Receipt and review of information regarding trial and testimony of City officers. 0.50 SHB Discuss criminal trial matters with TAD and SCW. Review court docket re: criminal trial outcome. 0.60 02/13/2017 SHB Follow up re: final criminal sentence imposed upon Estime. 0.30 02/16/2017 TAD Receipt and review of information re: criminal trial of claimant. Review report from the State Attorney office re: investigation into officers. Prepare report to City re: trial and information on incident. 2.80 FOR CURRENT SERVICES RENDERED 22.00 V *oy-kl Zil 101 W -A 110001 TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 10.20 $195.00 $1,989.00 TRACEY A. DECARLO 3.30 195.00 643.50 SHARI C. WALLEN 8.50 195.00 1,657.50 Page: 1 03/02/2017 306-9905218 14353 -t,4VU.UU Page 199 of 675 CITY OF BOYNTON BEACH adv. Estime, Robens (Police Deadly Force) Page: 2 03/02/2017 ACCOUNT NO: 306-9905218 STATEMENT NO: 14353 02/09/2017 Parking - SCW 10.50 Parking - 10.50 TOTAL ADVANCES THRU 02/28/2017 10.50 TOTAL CURRENT WORK 4,300.50 BALANCE DUE $4,300.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 200 of 675 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard ACCOUNT NO Boynton Beach FL 33425 STATEMENT NO Attn: Lynn Swanson adv. Barthelmy, Clorena (Vehicle Accident) Billing Category: 18 - RLO Claim #001470 -000415 -AB -01 02/07/2017 TAD Receipt of correspondence from City re: status and prepare response to same. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TRACEY A. DECARLO 0.30 $195.00 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 03/02/2017 306-9905232 14354 HOURS 0.30 0.30 58.50 TOTAL $58.50 58.50 $58.50 Page 201 of 675 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard Boynton Beach FL 33425 Attn: Lynn Swanson adv. Hill, Ashley (Police -excessive force) Billing Category: 18 - RLO Claim #001470 -000378 -PP -02 ACCOUNT NO STATEMENT NO 02/01/2017 TAD Receipt and review of mediation summary for claim. 02/14/2017 TAD Receipt and review of correspondence re: mediation impasse 02/22/2017 TAD Receipt and review of correspondence re: settlement demand. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TRACEY A. DECARLO 0.50 $195.00 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 03/02/2017 306-9905233 14355 HOURS 0.30 0.10 0.10 0.50 97.50 TOTAL $97.50 97.50 $97.50 Page 202 of 675 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard ACCOUNT NO Boynton Beach FL 33425 STATEMENT NO Attn: Lynn Swanson adv. Clemens, Jennifer ( Personal Injury) Billing Category: 18 - RLO Claim #001470 -000417 -GB -01 01/30/2017 TAD Receipt of demand letter and medical information. Review claim notes re: negotiations and investigation into claim. Prepare correspondence to adjuster. 02/14/2017 TAD Receipt and review of correspondence from adjuster re: status of claim. FOR CURRENT SERVICES RENDERED TIMEKEEPER TRACEY A. DECARLO TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 1.30 $195.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 03/02/2017 306-9905237 14356 HOURS 1.20 0.10 1.30 253.50 TOTAL $253.50 253.50 $253.50 Page 203 of 675 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard Boynton Beach FL 33425 Attn: Lynn Swanson adv. Bolt, Barbara Dilger (MVA) Billing Category: 18 - RLO Claim #001470 -000422 -AB -01 ACCOUNT NO STATEMENT NO 02/22/2017 TAD Receipt and review of correspondence re: claim letter and accident report FOR CURRENT SERVICES RENDERED TIMEKEEPER TRACEY A. DECARLO TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.20 $195.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 03/02/2017 306-9905253 14357 HOURS 0.20 0.20 39.00 TOTAL $39.00 39.00 $39.00 Page 204 of 675 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard Boynton Beach FL 33425 Attn: Lynn Swanson adv. Basinski, Donna (MVA garbage truck) Billing Category: 18 - RLO Claim #001470 -000422 -AB -02 02/22/2017 TAD Receipt and review of claim letter from claimant. FOR CURRENT SERVICES RENDERED TIMEKEEPER TRACEY A. DECARLO TOTAL CURRENT WORK BALANCE DUE ACCOUNT NO STATEMENT NO RECAPITULATION HOURS HOURLY RATE 0.10 $195.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 03/02/2017 306-9905256 14358 HOURS 0.10 0.10 19.50 TOTAL $19.50 19.50 $19.50 Page 205 of 675 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard Boynton Beach FL 33425 Attn: Lynn Swanson adv. Basinski, Tricia (MVA garbage truck) Billing Category: 18 - RLO Claim #001470 -000422 -AB -03 02/22/2017 TAD Receipt and review of claim letter from claimant. FOR CURRENT SERVICES RENDERED TIMEKEEPER TRACEY A. DECARLO TOTAL CURRENT WORK BALANCE DUE ACCOUNT NO STATEMENT NO RECAPITULATION HOURS HOURLY RATE 0.10 $195.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 03/02/2017 306-9905257 14359 HOURS 0.10 0.10 19.50 TOTAL $19.50 19.50 $19.50 Page 206 of 675 Lewis, Stroud & Deutsch, PL -Feb 2017 Risk -Outside Counsel Broberg v City, Police 8,817.36 Johnson, Anselmo, Murdoch, Burke, Pipper & Hochman, P.A. Dunn v City 85.86 Harris v City 46.55 Boynton Old School v City 132.41 Roberts, Reynolds, Bedard & Tuzzio, PLLC-Jan 2017 Yesnick v City 210.35 Braswell v City 1,595.10 Boynton Old School v City 577.50 Andrews v Haugh 49.50 Hill v City 1,146.50 Freeman v City 2,179.25 Harris v City 1,081.80 Broberg v City 9,280.83 16,120.83 TOTAL Jan & Feb 2017 Outside Counsel - Risk 25,070.60 Page 207 of 675 .� ■ •0 Glades R.. Suite 251 Boca 1 i * :11 • • is March 1, 2017 Invoice City of Boynton Beach Director of HR & Risk Management - Julie Oldbury 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 In Reference To:Leif Broberg v. City of Boynton Beach, Jeffrey Katz & Suzanne Invoice # 6401 Crawford Federal ID # Email Invoice to Julie at City of Boynton Beach 20-338-5521 oldburyj@bbfl.us For Professional Services Rendered: 2/1/2017 MN Review and analyze plaintiffs personai Me for disciplinary actions and past 2.30 379.50 assignments MN Draft Final motion for summary judgment 2.80 462.00 MN Review and analyze plaintiffs allegations for damages compared with his 3.40 561.00 personal records and potential for promotion and missed duty assignments 2/2/2017 HL Receipt and review correspondence from Adrian Alvarez, Esq. requesting 0.10 16.50 an additional week to file the Second Amended Complaint and if unopposed she will submit a motion for extension. HL Draft correspondence advising opposing counsel I am in agreement to an 0.10 16.50 extension to file their Second Amended Complaint as long as Assistant Chief Crawford's deposition is rescheduled to a later date. This was agreed upon. 2/3/2017 HL Receipt and review Notice of Cancellation of Deposition of Assistant Chief 0.10 16.50 Suzanne Crawford on February 7, 2017, HL Receipt and review Plaintiff's Unopposed Motion for Enlargement of Time to 0.10 16.50 File Second Amended Complaint. HL Receipt and review correspondence from Adrian Alvarez, Esq. to Judge 0.20 33.00 Gillen with a copy of the Plaintiffs Unopposed Motion for Enlargement of Time to File Second Amended Complaint and proposed Order on same. 2/6/2017 MN Review and analyze police officers expectancy of motion as damages 2.80 462.00 MN Review and analyze FBI practices regarding ongoing investigations and 5.70 940.50 specifically the Harris case 2/7/2017 HL Telephone conference with Suzanne Crawford re: stztus report 0.30 49.50 HL Receipt and review Defendant, City of Boynton Beach's Response in 0.30 49.50 Opposition to Plaintiffs Motion to Strike Defendant's Affirmative Defenses. MN Review and analyze replacement of plaintiff as acting shift commander 3.30 544.50 considered as an element of damages for tortious interference with employment MN Review and analyze police officers loss of ability to work additional details 4.80 792.00 and thereby losing income as damages for tortious interference with employment 2/8/2017 HL Receipt and review executed Agreed Order on Plaintiffs Motion for 0.10 16.50 Enlargement of Time to File Second Amended Complaint. MN Review and analyze totality of plaintiffs potential damages 3.70 610.50 561-826-2800 Page 208 of 675 City of Boynton Beach 2/9/2017 HL Receipt and review Notice of Lancenation of Deposition of Chief Jeffrey 0.10 16.50 Katz scheduled for Friday, February 10, 2017. HL Receipt and review Notice of Compliance and records from Florida 0.20 33.00 Department of Management Services. HL Receipt and review Second Amended Complaint. 0.60 99.00 HL Draft correspondence to Assistant Chief Crawford advising that Chief Katz's 0.10 16.50 deposition scheduled for February 10, 2017 has been cancelled. We will let her know when a new date has been confirmed. MN Research requirement for dismissal of party defendant as opposed to 2.80 462.00 merely deleting claim against the party MN Review and analyze plaintiffs second amended complaint 0.70 115.50 MN Research interference with a federal criminal investigation 2.40 396.00 MN Review and analyze Second amended complaint for distorted accusations 2.00 330.00 against Crawford 2/13/2017 HL Receipt and review Plaintiffs Notice of Cancellation of Hearing scheduled 0.10 16.50 for February 14, 2017. MN Research A defendants right to have scandalous material stricken from a 2.80 462.00 complaint MN Research elements of damage for interference with employment contract 2.20 363.00 2/14/2017 MN Draft Motion to strike scandalous and impertinent matter; Motion to dismiss 7.60 1,254.00 with prejudice and motion for costs 2/23/2017 MN Review and analyze answer and affirmative defenses of city 0.20 33.00 2/24/2017 HL Receipt and review Defendant, City of Boynton Beach's Answer and 0.30 49.50 Affirmative Defenses to Plaintiffs Second Amended Complaint. 2/28/2017 MN Review and analyze email from plaintiffs attorney about resolving our motion 0.20 33.00 to strike scandalous material from the second amended complaint MN Draft letter to plaintiffs counsel about resolving our motion to strike 0.20 33.00 scandalous material Total professional services rendered 52.60 $8,679.00 Disbursements Incurred: 2/2312017 HL Lexis 18.86 HL Copying costs. 119.50 Total Disbursements Incurred: $138.36 Total amount of this bill $8,817.36 Previous balance $7,691.88 Accounts receivable transactions 2/9/2017 Payment -Thank You No. 0134531787 ($7,691.88) Total payments and adjustments ($7,691.88) Page 209 of 675 City of Boynton each Invoice Summary Name Harriet Lewis Marvin Nodei Om M114149 Hours Rate Amount 2.70 165.00 $445.50 49,90 165.00 $8,233.50 Page 210 of 675 ROBERTS, _ BED' PLL, 470 Columbia1 Beach,West Palm • *, 33409 Telephone (561)688-6560 Tax ID No, 65-0004867 City of Boynton Beach February 22, 2017 Attn: Julie Oldbury Bill No. 36349 P.O. Box 310 Boynton Beach, FL 33425-0310 CLIENT: City of Boynton Beach 032 MATTER: Braswell v. Boynton Beach 16497 Claim #NIA BILL FOR FEES AND COSTS THROUGH 01/31/17 .• • Date Services Attorney Hours 12/22/16 Receipt and review of correspondence from Plaintiffs counsel LHR 0.80 Finney re: settlement demand of Jeffrey Braswell with documentation attached thereto, and review of same. 12/23/16 Correspondence to excess carrier representative Christine LHR 0.60 O'Brien re: demand letter for Jeffrey Braswell, discussing same, and potential joint mediation for Braswell and Hill claims. 01/02/17 Receipt and review of e-mail from excess adjuster Christine LHR 0.20 O'Brien re: her agreement with initial analysis as to evaluation of case not reaching six figures and advising of Brit's agreement to joint pre -suit Mediation of Hill and Braswell claims. 01/02/17 Preparation of email response to excess adjuster Christine LHR 0.20 O'Brien re: status of potential joint mediation of Braswell and Hill claims. 01/03/17 Extensive telephone conference with Plaintiffs counsel Linnes LHR 0.20 Finney re: potential Mediation and his agreement with same (total time .40 split between Hill & Braswell). 01/03/17 Preparation of e-mail to excess carrier representative Christine LHR 0.10 O'Brien re: advising Mr. Finney advised he cannot ethically do a joint Mediation of Hill & Braswell claims, however, can agree to conduct both pre -suit mediations the same date (total time .20 split between Hill & Braswell). 01/03/17 Receipt and review of email response from excess carrier LHR 0.10 representative Christine O'Brien re: agreement with both Hill & Braswell Mediations on same date and requesting evaluation report for obtaining additional authority (total time .20 split between Hill & Braswell). Page 211 of 675 Client: City of Boynton Beach February 22, 2017 Matter: 16497 - Braswell v. Boynton Beach Page 2 =11412**41, Date Services Attorney Hours 01/03/17 Preparation of second email to excess carver representative LHR 0.10 Christine O'Brien re: will immediately provide requested evaluation report for obtaining additional authority and will so comply (total time .20 split between Hill & Braswell). 01/03/17 Receipt and review of e-mail from Plaintiffs counsel Linnes LHR 0.10 Finney re: need for two separate pre -suit Mediations for Hill and Braswell claims, either on same date or separate dates (total time .20 split between Hili & Braswell) 01/03/17 Receipt and review of second e-mail from Plaintiffs counsel LHR 0.10 Linnes Finney re: pre -suit Mediation. (total time .20 split between Hill & Braswell) 01/03/17 Preparation of email response to Plaintiffs counsel Linnes LHR 0.10 Finney re: acknowledging need for two separate pre -suit Mediations for Hill and Braswell claims and client agreement with same. (total time .20 split between Hill & Braswell) 01/03/17 Receipt and review of email response from excess carrier LHR 0.10 adjuster Christine O'Brien re: pre -suit Mediation (total time .20 split between Hill & Braswell). 01/04/17 Preparation of e-mail to excess carrier representative Christine LHR 0.10 O'Brien re: pre -suit mediation. 01/04/17 Receipt and review of email response from excess carrier LHR 0.10 representative Christine O'Brien re: pre -suit mediation. 01/04/17 Preparation of second email to excess carrier representative LHR 0.10 Christine O'Brien re: pre -suit mediation. 01/04/17 Correspondence to Plaintiffs counsel Linnes Finney re: pre -suit LHR 0.10 Mediation (total time .20 split between Hill & Braswell) 01/04/17 Two telephone conferences with Plaintiffs counsel Finney re: LHR 0.20 pre -suit mediation (total time .40 split between Hill & Braswell), 01/05/17 Telephone conference with Mediator Kevin O'Brien re: potential LHR 0.10 pre -suit mediation (total time .20 split between Hill & Braswell). 01/05/17 Telephone conference with Plaintiffs counsel Finney re: LHR 0.10 pre -suit mediation (total time .20 split between Hill & Braswell). 01/05/17 Preparation of e-mail to Mediator Kevin O'Brien re: pre -suit LHR 0.10 mediation (total time .20 split between Hill & Braswell). 01/05/17 Preparation of Initial Case Evaluation. LHR 2.90 01/06/17 Receipt and review of Notice of Pre -Suit Mediation. LHR 0.40 01/09/17 Correspondence to excess carrier adjuster Christine O'Brien re: LHR 0.20 Notice of Pre -Suit Mediation. 01/26/17 Receipt and review of e-mail from Mediator O'Brien re: LHR 0.20 upcoming Pre -Suit Mediation. 01/26/17 Preparation of email response to Mediator O'Brien re: LHR 0.20 upcoming Pre -Suit Mediation. 01/26/17 Receipt and review of email response from Plaintiffs counsel LHR 0.20 Finney to Mediator O'Brien re: upcoming Pre -Suit Mediation. Page 212 of 675 Client: City of Boynton Beach Matter: 16497 - Braswell v. Boynton Beach -a z�01 I � 11*1T 10-1 4 &-] 4 z "If N Date Services 01/31117 Preparation of correspondence to Kevin L. O'Brien, Esq. re mediation summary. February 22, 2017 Page 3 Attorney Hours LHR 1.80 Code Name Hours Rate Amount LHR Lyman H. Reynolds, Jr., Partner 9.50 165.00 1,567,50 Total Professional Services 9.50 $1,567.50 F91-M-4111*14614111 Date Description Amount 12/22/16 Photocopies 13-80 01131/17 Photocopies 13.80 Total Disbursements $27.60 CURRENT BILL TOTAL AMOUNT DUE Balance Forward: Payments & Adjustments: Total Due: Page 213 of 675 to Roberts, Reynolds, Bedard & Tuzzio, PLLC 470 Columbia Drive, Suite C-1 01 West Palm Beach, Florida 33409 Bill Number: 36349 Bill Date: February 22, 2017 Client Code: 032 Client Name: City of Boynton Beach Matter Code: 16497 Matter Name: Braswell v. Boynton Beach Total Professional Services Total Disbursements Balance Forward: Payments & Adjustments: Total Due: Past Due Balance Page 214 of 675 ROBERTS,BED'BEDARD & 470 Columbia ! West Palm Beach, Florida 33409 TeIephone(561)688-6560 Tax ID No. 65-0004867 City of Boynton Beach February 22, 2017 Attn: Julie Oldbury Bill No. 36345 P.O. Box 310 Boynton Beach, FL 33425-0310 CLIENT: City of Boynton Beach 032 MATTER: Boynton Old School v. Boynton Beach 13214 Claim #NIA ILL FOR FEES AND COSTS THROUGH 01/31/17 Date Services Attorney Hours 01/05/17 Receipt and review of Plaintiffs Notice of Appeal of Court's LHR 0.40 Order Granting Defendant's Motion to Dismiss With Prejudice. 01/06/17 Correspondence to City Risk Manager Julie Oldbury re: LHR 0.20 Plaintiffs Notice of Appeal of Court's Order Granting Defendant's Motion to Dismiss With Prejudice. 01/06/17 Receipt and review of 4th DCA's Acknowledgment of New LHR 0.40 Case. 01/06/17 Receipt and review of 4th DCA's executed Order for Appellant LHR 0.20 to Pay Filing Fees. 01/06/17 Receipt and review of 4th DCA's executed Order for Appellant LHR 0.20 to File Amended Notice of Appeal. 01/06/17 Receipt and review of Plaintiff/Appellant's Directions to Clerk in LHR 0.20 State Court for Appeal. 01/09/17 Correspondence to City Risk Manager Julie Oldbury re: Court's LHR 0.20 Order directing Appellant to file Amended Notice of Appeal within 10 days. 01/10/17 Receipt and review of Notice of Appearance of David Sales as LHR 0.20 Counsel for Plaintiff and Designation of Email Addresses. 01/10/17 Receipt and review of Plaintiffs Notice of Filing Amended LHR 0.20 Notice of Appeal (filed with 4th DCA per Court Order). 01/10/17 Receipt and review of Plaintiffs Amended Notice of Appeal LHR 0.40 (filed in State Court). 01/12/17 Correspondence to City Risk Manager Julie Oldbury re: LHR 0.20 Plaintiffs Amended Notice of Appeal and Notice of Filing same. 01/12/17 Receipt and review of Receipt for payment of Appellant Fees. LHR 0.10 01/19/17 Receipt and review of Appellant's Docketing Statement. LHR 0.40 Page 215 of 675 Client: City of Boynton Beach February 22, 2017 Matter: 13214 - Boynton Old School v. Boynton Beach Page 2 Date Services Attorney Hours 01/20/17 Preparation of Docketing Statement and Notice of Appearance LHR 0.20 of Counsel. Code Name LHR Lyman H. Reynolds, Jr., Partner Total Professional Services Balance Forward: Payments & Adjustments: Total Due: Hours Rate 3.50 165.00 3.50 EI IM $577.50 577.50 561.00 -561.00 577.50 Page 216 of 675 Tlease return this page with remittanoz., to Roberts, Reynolds, Bedard & Tuzzio, PLLC 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Eff nril F11 - a P Bill Date: February 22, 2017 Client Code: 032 Client Name: City of Boynton Beach Matter Code: 13214 Matter Name: Boynton Old School v. Boynton each Total Professional Services 577.50 Total Disbursements 0.00 CURRENT BILL TOTAL AMOUNT DUE $ 677.60 Balance Forward: 661.00 Payments & Adjustments: -561.00 Total Due:$ 677.60 . . . ........... .... - Past Due Balance 0.00 TOTAL AMOUNT DUE $677Z0 Page 217 of 675 REYNOLDS, ! Columbia1 FloridaWest Palm Beach, 33409 TeIephone(561)688-6560 Tax ID No. 65-0004867 City of Boynton Beach February 22, 2017 Attn: Julie Oldbury Bill No. 36346 P.O. Box 310 Boynton Beach, FL 33425-0310 CLIENT: City of Boynton Beach 032 MATTER: Yesnick v. Boynton Beach 13300 Claim #NIA BILL FOR FEES AND COSTS THROUGH 01/31/17 1=1*124411 Date Services Attorney Hours 01/13/17 Receipt and review of e-mail from Plaintiffs counsel Amezaga LHR 0.20 re: requesting conference to discuss case. 01/13/17 Preparation of email response to Plaintiffs counsel Amezaga LHR 0.20 re: acknowledging request for conference to discuss case. 01/13/17 Telephone conference with Plaintiffs counsel Michael Amezaga LHR 0.30 re: status of case and potential settlement negotiations. 01/17/17 Telephone conference with Julie Oldbury, City Risk Manager, LHR 0.30 re: settlement overtures by Plaintiffs counsel and authorized response to same. Code Name Hours Rate LHR Lyman H. Reynolds, Jr., Partner 1.00 165.00 Total Professional Services 1.00 Date cri tion 01/23/17 Copies of documents Medical records for Christopher Yesnick - Boca Raton Outpatient Surgery & Laser Center Total Disbursements Amount 165.00 _......... $165.00 Page 218 of 675 Client. City of Boynton Beach Matter: 13300 - Yesnick v. Boynton each CURRENT BILL TOTAL AMOUNT DUE 2 Balance Forward: Payments & Adjustments: Total Due: 210.35 -------- -- 32.00 -32.00 210.35 Page 219 of 675 to 'Noberts, Reynolds, Bedard & Tuzzio, PLLC 470 Columbia Drive, Suite C-1 01 West Palm Beach, Florida 33409 Bill Number: 36346 Bill Total Professional Services Total Disbursements CURRENT BILL TOTAL AMOUNT DUE Balance Forward: Payments & Adjustments: Total Due: Past Due Balance TOTAL AMOUNT DUE Page 220 of 675 D. February 22, 2017 Client Code: 032 Client Name: City of Boynton Beach Matter Code: 13300 Matter Name: Yesnick v. Boynton Beach Total Professional Services Total Disbursements CURRENT BILL TOTAL AMOUNT DUE Balance Forward: Payments & Adjustments: Total Due: Past Due Balance TOTAL AMOUNT DUE Page 220 of 675 ROBERTS, REYNOLDS, BEDARD & TUZZIO, PLLC 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Telephone (561)688-6560 Tax ID No. 65-0004867 City of Boynton Beach Attn: Julie Oldbury P.O. Box 310 Boynton Beach, FL 33425-0310 CLIENT: City of Boynton Beach MATTER: Andrews v. Haugh et al. Claim # N/A BILL FOR FEES AND COSTS THROUGH 01/31/17 1=101;1 **-] Is] Z 0 W-1 4 ZUT Eli Date Services 01/17/17 Receipt and review of Docket obtained from Clerk re: filings to date. 1:1 ail a 4�11.150112 1 13 Code Name DPC Danna P. Clement, Partner Total Professional Services Balance Forward: Payments & Adjustments: Total Due: February 23, 2017 Bill No. 36455 032 12152 Attorney Hours DPC 0.30 Hours Rate Amount 0.30 165.00 49,50 0.30 $49ZO $ 49.50 291.00 -291.00 $ 49.5O Page 221 of 675 Please return this page with rernittancZ to Roberts, Reynolds, Bedard & Tuzzio, PLLC 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Bill Number: 36466 Bill Date: February 23, 2017 Client Code: 032 Client Name: City of Boynton Beach Matter Code: 12152 Mafter Name: Andrews v. Haugh et al. Total Professional Services Total Disbursements CURRENT BILL TOTAL AMOUNT DUE Balance Forward: Payments & Adjustments: Total Due: Past Due Balance TOTAL AMOUNT DUE 49.50 0.00 Page 222 of 675 REYNOLDS, BEDARD § 1 Columbia Drive,1 West Palm Beach, Florida 33409 Telephone(561)688-6560 Tax ID No, 65-0004867 City of Boynton Beach February 23, 2017 Attn: Julie Oldbury Bill No. 36456 P.O. Box 310 Boynton Beach, FL 33425-0310 CLIENT: City of Boynton Beach 032 MATTER: Freeman v. Boynton Beach 16133 Claim: 001470 -000348 -PP -01 BILL FOR FEES AND COSTS THROUGH 01/31/17 Date Services Attorney Hours 01/04/17 Receipt and review of Correspondence to and from Steve BLB 0.30 Logan re: mediation. 01/04/17 Review/Analyze medical records from Bethesda Hospital DPC 0.50 pursuant to our Subpoena for records. 01/05/17 Receipt and review of Correspondence from Steve Logan BLB 0.30 requesting an extension to respond to Motion for Summary Judgment. 01/06/17 Communicate/Other External correspondence to Resivest KLR 0.10 Realty re our Subpoena for records. 01/06/17 Communicate/Other External correspondence to Dr. Peter Katz KLR 0.10 re our Subpoena for records. 01/06/17 Communicate/Other External correspondence to Dr. Ralph KLR 0.10 Palumbo re our Subpoena for records. 01/06/17 Communicate/Other External correspondence to Dr. Gary KLR 0.10 Schorr re our Subpoena for records. 01/06/17 Communicate/Other External correspondence to Steven KLR 0.10 Mautner, DDS re our Subpoena for records. 01/06/17 Preparation of Correspondence to Steve Logan re: how much BILB 0.10 time do you need to respond to the Motion for Summary Judgment. 01/06/17 Communicate/Other External correspondence to Dr. James KLR 0.10 Milne re our Subpoena for records. 01/06/17 Communicate/Other External correspondence from Dr. Ralph KLR 0.10 Palumbo re our Subpoena for records. 01/06/17 Communicate/Other External correspondence from Dr. Gary KLR 0.10 Schorr re our Subpoena for records. Page 223 of 675 Client: City of Boynton Beach February 23, 2017 Matter: 16133 - Freeman v. Boynton Beach Page 2 Date Services Attorney Hours 01/06/17 Preparation of Correspondence to and from Julie Oldbury re: BLB 0.30 run all approvals through her. 01/06/17 Communicate/Other External correspondence to Dr. Ralph KLR 0.10 Palumbo re our Subpoena for records and his response to same, asking to check his file again since Walgreens records showed he wrote a prescription to Plaintiff in 2012. 01/06/17 Communicate/Other External correspondence to Dr. Peter Katz KLR 0.10 re our Subpoena for records and his response to same, asking to check his file again since Walgreens records showed he wrote several prescriptions to Plaintiff in 2015. 01/06/17 Communicate/Other External telephone call from Dr. Ralph KLR 0.10 Palumbo re our request to check his file again and comply with Subpoena for records, since Walgreens records showed he wrote a prescription to Plaintiff in 2012. 01/09/17 Review/Analyze medical records from Dr. James Milne BLB 0.20 pursuant to our Subpoena for records. 01/09/17 Receipt and review of Correspondence from Steve Logan re: BLB 0.30 issues regarding prescription in Motion for Summary Judgment. 01/09/17 Preparation of Correspondence to Steve Logan re: issues BLB 0.30 regarding prescription for AN 450 as listed in Motion and issues regarding discovery. 01/09/17 Receipt and review of Plaintiffs Motion for Extension of Time to BILB 0.30 Respond to Davis' Motion for Summary Judgment and proposed Order. 01/10/17 Preparation of Correspondence to and from Steve Logan re: BLB 0.30 agree to extension to respond to Motion for Summary Judgment 01/11/17 Communicate/Other External telephone call from Resivest KLR 0.10 Realty re our Subpoena for records. 01/11/17 Receipt and review of Court's Order on Plaintiffs Motion for BLB 0.10 Extension of Time to Respond to Davis' Motion for Summary Judgment. 01/11/17 Receipt and review of Notice of Mediation. BLB 0.10 01/11/17 Preparation of Correspondence to Julie Oldbury re: mediation. BLB 0.30 01/13/17 Receipt and review of City of Boynton Beach's Motion for BLB 0.50 Summary Judgment. 01/13/17 Receipt and review of City of Boynton Beach's Statement of BLB 0.80 Facts to Motion for Summary Judgment. 01/20/17 Receipt and review of Correspondence from Steve Logan re: BLB 0.20 his client wants to settle case. 01/20/17 Preparation of Correspondence to Steve Logan re: are you BILB 0.10 going to drop case? 01/20/17 Preparation of Correspondence to Julie Oldbury r: Plaintiff's BLB 0.40 offer to settle case and issues regarding same. Page 224 of 675 Client: City of Boynton Beach February 23, 2017 Matter: 16133 - Freeman v. Boynton Beach Page 3 4 . Date Services Attorney Hours 01/20/17 Telephone conference with Steve Logan re: settlement. BLB 0.30 01/23/17 Receipt and review of Correspondence from Steve Logan to BLB 0.50 Tracey DeCarlo re: Plaintiffs suggested settlement. 01/23/17 Receipt and review of Correspondence from Steve Logan re: BLB 0.10 suggested settlement. 01/23/17 Receipt and review of Correspondence from Julie Oldbury to BLB 0.10 Tracy DeCarlo re: need to discuss possible settlement. 01/23/17 Preparation of Correspondence to Julie Oldbury re: BLB 0.20 discussions with Tracy DeCarlo and Steve Logan re: possible settlement. 01/23/17 Preparation of Correspondence to Julie Oldbury re: Plaintiffs BLB 0.20 offer to settle case for $6,500.00. 01/23/17 Telephone conference with Tracey DeCarlo re: settlement. BLB 0.30 01/23/17 Telephone conference with Steve Logan re: settlement. BLB 0.30 01/24/17 Preparation of Correspondence to and from Steve Logan re: BLB 0.20 status of settlement and waiting to hear back. 01/24/17 Receipt and review of Correspondence from Tracey DeCarlo BLB 0.20 re: discussed settlement with Julie Oldbury and good resolution. 01/24/17 Preparation of Correspondence to Steve Logan re: $4900.00 BLB 0.20 settlement offer. 01/24/17 Preparation of Correspondence to Tracey DeCarlo re: BLB 0.20 Plaintiffs offer to settle for $4,999.00 01/24/17 Preparation of Correspondence to and from Steve Logan re: BLB 0.30 clarify amount of settlement. 01/24/17 Preparation of Proposed Stipulation for Dismissal. SWK 0.20 01/24/17 Preparation of Correspondence to Steve Logan re: waiting for BLB 0.20 adjuster to respond to amount of settlement. 01/24/17 Preparation of Correspondence to Julie Oldbury re: confirm SWK 0.30 settlement and request settlement check. 01/24/17 Preparation of Proposed General Release. SWK 0.20 01/24/17 Preparation of Correspondence to Steve Logan re: confirm SWK 0.30 settlement. 01/24/17 Telephone conference with Steve Logan re: settlement. BLB 0.30 01/25/17 Receipt and review of Correspondence from Tracey DeCarlo BLB 0.20 re: confirm settlement of $4,999.00. 01/25/17 Preparation of Correspondence to Steve Logan re: confirm BLB 0.10 settlement of $4999.00 01/25/17 Preparation of Correspondence to Tracey DeCarlo and Julie BLB 0.30 Oldbury re: confirm settlement of $4999.00 and will prepare documents. Page 225 of 675 Client: City of Boynton Beach February 23, 2017 Matter: 16133 - Freeman v. Boynton Beach Page 4 rat, , , • r Date Services Attorney Hours 01/25/17 Receipt and review of Correspondence from Steve Logan re: DC 0.10 Benjamin L. Bedard, Partner W9 165.00 01/25/17 Receipt and review of Correspondence from Tracey DeCarlo BLB 0.20 0.60 re: changes to release and signed Stipulation for Dismissal. 99.00 01/25/17 Preparation of Correspondence to Steven Logan re: settlement BLB 0.20 80.00 documents. SWK 01/25/17 Receipt and review of Executed Stipulation for Dismissal. SWK 0.10 01/26/17 Draft/Revise correspondence to Steven Mautner, DDS, The SWK 1.20 ..... ............ ............. .._._.. 13.90 Learning Experience, Doodle Bugs, National Transmission a ........ $2,126.50 Services, Royal Palm Golf Club, Bright Beginnings and Resolution Medical Services advising case has settled and the records previously Subpoenaed are not longer needed. 01/26/17 Receipt and review of Executed Stipulation for Dismissal. SWK 0.10 01/26/17 Receipt and review of Executed Release. SWK 0.10 01/27/17 Receipt and review of Court's Order of Dismissal. SWK 0.10 Code Name Hours Rate Amount BLB Benjamin L. Bedard, Partner 9.50 165.00 '1,567.50 DPC Danna P. Clement, Partner 0.60 165.00 99.00 KLR Kathryn L. Reeves, Paralegal 1.20 80.00 96.00 SWK Stephanie W. Kaufer, Associate 2.60 140.00 364.00 Total Professional Services ..... ............ ............. .._._.. 13.90 a ........ $2,126.50 Date Description Amount 01/05/17 Subpoena Fees #LAS -2016016756 RC: Bethesda Hospital 25.00 re: Freeman - Legal Advocate Services, Inc. 01/05/17 Outside Printing #1612-000412 copies, re: Freeman - 27.75 Bethesda Hospital East- Health Info. Dept. Total Disbursements $52.75 Page 226 of 675 Client: City of Boynton Beach Matter: 16133 - Freeman v. Boynton Beach i MM I Payments & Adjustments: 017r� Page 227 of 675 11 rim to Roberts, Reynolds, Bedard & Tuzzio, PLLC 470 Columbia Drive, Suite C-1 01 West Palm Beach, Florida 33409 Bill Number: 36466 Bill Date, February 23, 2017 Client Code, 032 Client Name: City of Boynton Beach Matter Code: 16133 Matter Name: Freeman v. Boynton Beacl- Total Professional Services Total Disbursements X11 V N =I Z kd A I NIM110110WAITilolk-H-1111 Dili Balance Forward: Payments & Adjustments: Total Due: Past Due Balance TOTAL AMOUNT DUE Page 228 of 675 ! R i Telephone470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Tax ID65-0004867 City of Boynton Beach Attn: Julie Oldbury P.O. Box 310 Boynton Beach, FL 33425-0310 CLIENT: City of Boynton Beach MATTER: Broberg v. Boynton Beach et al. Claim #001470 -000390 -EP -01 BILL FOR FEES AND COSTS THROUGH 01/31/17 February 22, 2017 Bill No. 36347 032 15414 Date Services Attorney Hours 01/03/17 Receipt and review of e-mail from Judge Gillen to Plaintiffs LHR 0.10 counsel Alvarez re: need for resubmission of documents for upcoming hearing on Plaintiffs Motion to Strike City's Affirmative Defenses for compliance with divisional instructions of Judge. 01/03/17 Receipt and review of e-mail from Lynn Swanson re: deposition LHR 0.20 of Chief Jeffrey Katz. 01/03/17 Preparation of e-mail to Plaintiffs counsel, Adrian Alvarez, re: LHR 0.20 deposition of Chief Jeffrey Katz. 01/03/17 Receipt and review of email response from Plaintiffs counsel LHR 0.20 Alvarez to Judge Gillen re: resubmission of courtesy copies of documents for upcoming hearing on Plaintiffs Motion to Strike City's Affirmative Defenses for compliance with divisional instructions of Judge. 01/03/17 Review 340 pdfs of email files and attachments for privileged ABE 9.20 information redaction. 01/04/17 Preparation of Defendant, City of Boynton Beach's Notice of LHR 0.40 Compliance to Defendant, Suzanne Crawford's Request for Copies dated November 28, 2016. 01/04/17 Preparation of Defendant, City of Boynton Beach's Notice of LHR 0.40 Compliance to Defendant, Suzanne Crawford's Request for Copies dated November 23, 2016. 01/04/17 Preparation of Defendant, City of Boynton Beach's Notice of LHR 1.00 Compliance to Plaintiff, Leif Broberg's Request for Copies dated November 28, 2016. Page 229 of 675 Client: City of Boynton Beach February 22, 2017 Matter: 15414 - Broberg v. Boynton Beach et al. Page 2 Date Services Attorney Hours 01/04/17 Preparation of CD enclosing records pursuant to Defendant, RKD 1.00 City of Boynton Beach's Notices of Compliance to Defendant, Suzanne Crawford's Request for Copies dated April 6, 2016 and November 23, 2016, 01/04/17 Preparation of CD enclosing records pursuant to Defendant, RKD 1.00 City of Boynton Beach's Notice of Compliance to Plaintiff, Leif Broberg's Request for Copies dated November 28, 2016. 01/04/17 Telephone conference with Sgt. Picciano re: request access to RKD 0.20 email attachments in order to redact prior to producing to Plaintiffs counsel pursuant to Court's Order. 01/04/17 Review and redact privileged information from incident reports, RKD 1.90 accident reports, citations, State Attorney filing documents, and photographs related to Byron Harris prior to producing same to counsel for Plaintiff, Leif Broberg, pursuant to Court's Order. 01/04/17 Preparation of City's Amended Supplemental Response to LHR 1.00 Plaintiff, Leif Broberg's Request to Produce. 01/04/17 Preparation of final Dropbox link containing finalized documents RKD 1.00 for producing as City's Amended Supplemental Response to Plaintiffs Request for Production per the Court's Order. 01/04/17 Detailed review and analysis of voluminous redacted emails AGA 4.20 and attachments (approximately 1,000 pages) in preparation of supplemental response to plaintiffs request to produce. 01/04/17 Review and revise proposed privilege log in prep of AGA 0.70 supplemental response to plaintiffs request to produce. 01/04/17 Detailed analysis and revisions to proposed AGA 1.20 amend edlsupplementaI response to request to produce including voluminous records attached to the same. 01/05/17 Receipt and review of e-mail from Lynn Swanson re: Chief LHR 0.20 Jeffrey Katz's availability for deposition. 01/05/17 Preparation of e-mail to Plaintiffs counsel, Adrian Alvarez, re: LHR 0.20 continuation of deposition of Chief Jeffrey Katz. 01/05/17 Preparation of e-mail to Lynn Swanson re: Chief Jeffrey Katz's LHR 0.20 availability for deposition. 01/05/17 Receipt and review of e-mail from Lynn Swanson re: Chief LHR 0.20 Jeffrey Katz's availability for deposition. 01/05/17 Preparation of e-mail to Lynn Swanson re: Chief Jeffrey Katz's LHR 0.20 deposition dates. 01/05/17 Preparation of correspondence to Julie Oldbury re: final draft of LHR 0.60 City's Amended Supplemental Response to Plaintiffs Request to Produce and Dropbox link containing responsive documents. 01/05/17 Preparation of final draft of City's Answers to Plaintiffs LHR 0.70 Interrogatories. 01/05/17 Receipt and review of email response from Jim Cherof re: City LHR 0.20 no longer using Dropbox when confidentiality is a factor. Page 230 of 675 Client: City of Boynton Beach February 22, 2017 Matter: 15414 - Broberg v. Boynton Beach et al. Page 3 1 �94WAATA [al Date Services Attorney Hours 01/05/17 Telephone conference with Ricardo Reyes, Esq. re: delivery of RKD 0.30 documents pertaining to City's Request for Copies. 01/05/17 Preparation of updated Litigation Loss Report. LHR 4.90 01/05/17 Second telephone conference with Ricardo Reyes, Esq. re: RKD 0.30 status of documents pertaining to City's Request for Copies. 01/05/17 Receipt and review of Plaintiffs Re -Notice of Taking Deposition LHR 0.20 of Chief Jeffrey Katz. 01/05/17 Correspondence to City Risk Manager Julie Oldbury re: LHR 0.20 Plaintiffs Re -Notice of Taking Deposition of Chief Jeffrey Katz. 01/06/17 Preparation of final draft of City's Answers to Plaintiffs LHR 0.90 Interrogatories. 01/06/17 Preparation of public records request to Palm Beach County LHR 0.60 State Attorney's Office. 01/06/17 Review Plaintiffs Complaint and attachments thereto and NSM 2.00 Plaintiffs Answers to Interrogatories along with correspondence to and from City Manager Lori Laverriere in order to prepare for meetings with Captain Deguilio, Lori Laverriere, Sergeant Dugger, and Officer Thomas. 01/07/17 Review Plaintiffs Complaint, Plaintiffs Answers and Responses RKD 1.50 to discovery responses, emails and documents received from City, and other case materials to prepare documents for use at meetings with City employees Captain DeGuilio, City Manager LaVerriere, Detective Duggar, and Officer Thomas to review Plaintiffs allegations and their knowledge concerning same. 01/09/17 Receipt and review of records pertaining to Plaintiff received LHR 0.30 from Social Security Administration. 01/09/17 Preparation of e-mail to all counsel re: upcoming deposition of LHR 0.20 Plaintiff Leif Broberg. 01/09/17 Receipt and review of email response from Co -Defendant's LHR 0.20 counsel Lewis re: upcoming deposition of Plaintiff Leif Broberg. 01/09/17 Receipt and review of two email responses from Plaintiffs LHR 0.20 counsel Alvarez re: deposition of Leif Broberg. 01/09/17 Preparation of e-mail to Plaintiffs counsel Alvarez re: LHR 0.20 deposition of Leif Broberg. 01/09/17 Receipt and review of correspondence from Plaintiffs counsel LHR 0.40 Alvarez to Judge Gillen with courtesy copies of documents for upcoming hearing on Defendant Crawford's Motion to Dismiss and case law cited therein, and review of same. 01/09/17 Receipt and review of Plaintiffs Response and Memorandum of LHR 0.50 Law in Opposition to Defendant Suzanne Crawford's Motion to Dismiss Amended Complaint. 01/10/17 Preparation of Re -Notice of Taking Deposition of Plaintiff Leif LHR 0.20 Broberg (changes as to time). Page 231 of 675 Client: City of Boynton Beach February 22, 2017 Matter: 15414 - Broberg v. Boynton Beach et al. Page 4 SERVICESPROFESSIONAL Date Services Attorney Hours 01/10/17 Receipt and review of email response from Cynthia Dunn re: LHR 0.20 questions pertaining to City's Response to Plaintiffs Request to Produce. 01/10/17 Correspondence to City Risk Manager Julie Oldbury re: LHR 0.20 Plaintiffs Response and Memorandum of Law in Opposition to Defendant Suzanne Crawford's Motion to Dismiss Amended Complaint. 01/10/17 Receipt and review of e-mail from State Attorney's Office re: LHR 0.20 acknowledgement of public records request. 01/10/17 Preparation of email response to Cynthia Dunn re: documents LHR 0.20 on Dropbox are City's served documents to Plaintiffs Request to Produce. 01/10/17 Receipt and review of email response from Cynthia Dunn re: LHR 0.10 thanks for City's served documents to Plaintiffs Request to Produce. 01/10/17 Receipt and review of correspondence from Co -Defendant's LHR 0.40 counsel Lewis to Judge Gillen with courtesy copies of documents for upcoming hearing on Defendant Crawford's Motion to Dismiss and case law cited therein, and review of same. 01/10/17 Attendance at meetings with Capt. DeGuilio, Det. Daniel NSM 4.50 Dugger, and City Manager Lori LaVerriere to discuss their knowledge of Plaintiffs claims at Boynton Beach City Hall. 01/11/17 Receipt and review of correspondence from Co -Defendant's LHR 0.30 counsel Lewis to Judge Gillen re: additional case law in support of Defendant Crawford's Motion to Dismiss. 01/12/17 Receipt and review of e-mail from City Paralegal Lynn Swanson LHR 0.10 re: meeting with Officer Ray Thomas. 01/12/17 Preparation of email response to City Paralegal Lynn Swanson LHR 0.10 re: meeting with Officer Ray Thomas. 01/12/17 Receipt and review of second e-mail from City Paralegal Lynn LHR 0.10 Swanson re: meeting with Officer Ray Thomas. 01/12/17 Preparation of second e-mail response to City Paralegal Lynn LHR 0.10 Swanson re: meeting with Officer Ray Thomas. 01/12/17 Receipt and review of third email from City Paralegal Lynn LHR 0.10 Swanson re: meeting with Officer Ray Thomas. 01/12/17 Preparation of third email response to City Paralegal Lynn LHR 0.10 Swanson re: meeting with Officer Ray Thomas. 01/12/17 Review of Defendant Crawford's Motion to Dismiss Plaintiffs KRH 0.50 Amended Complaint and Plaintiffs Response in Opposition in preparation for attendance at hearing on following day. 01/13/17 Attendance at hearing on Defendant Crawford's Motion to KRH 2.50 Dismiss Plaintiffs Amended Complaint before Judge Jeffery Gillen at the Palm Beach County Courthouse, West Palm Beach, Florida. Page 232 of 675 Client: City of Boynton Beach February 22, 2017 Matter: 15414 - Broberg v. Boynton Beach et al. Page 5 Date a ices Attorney Hours 01/16/17 Correspondence to Ms. Oldbury re: outcome of hearing on KRH 0.30 Defendant Crawford's Motion to Dismiss Plaintiffs Amended Complaint. 01/16/17 Receipt and review of Court's executed Order on Defendant LHR 0.20 Crawford's Motion to Dismiss Plaintiffs Amended Complaint. 01/16/17 Preparation of e-mail to Plaintiffs counsel, Adrian Alvarez, re: AGA 0.20 deposition of Plaintiff, Leif Broberg. 01/16/17 Receipt and review of e-mail from Plaintiffs counsel, Adrian AGA 0.20 Alvarez, re. deposition of Plaintiff, Leif Broberg. 01/16/17 Preparation of e-mail to Plaintiffs counsel, Adrian Alvarez, re: AGA 0.20 deposition of Plaintiff, Leif Broberg and wife, Amy Broberg. 01/16/17 Obtain contact information for Florida Retirement System to RKD 0.30 subpoena Plaintiffs DROP records. 01/16/17 Preparation of e-mail to City Paralegal Lynn Swanson re: LHR 0.10 meeting with City Manager Lori LaVerriere. 01/17/17 Correspondence to City Risk Manager Julie Oldbury re: Court's LHR 0.20 executed Order on Defendant Crawford's Motion to Dismiss Plaintiffs Amended Complaint. 01/17/17 Receipt and review of e-mail from City Paralegal Lynn Swanson LHR 0.10 re: meeting with City Manager Lori LaVerriere. 01/17/17 Receipt and review of second e-mail from City Paralegal Lynn LHR 0.10 Swanson re: meeting with City Manager Lori LaVerriere. 01/17/17 Preparation of email response to City Paralegal Lynn Swanson LHR 0.10 re: meeting with City Manager Lori LaVerriere. 01/17/17 Receipt and review of third email from City Paralegal Lynn LHR 0.10 Swanson re: meeting with City Manager Lori LaVerriere. 01/17/17 Preparation of Statement of Assurance (HIPAA) to Florida LHR 0.10 Department of Management Services pertaining to Plaintiff. 01/17/17 Preparation of Notice of Production from Non -Party directed to LHR 0.20 Florida Department of Management Services pertaining to Plaintiff. 01/17/17 Preparation of subpoena duces tecum directed to Florida LHR 0.10 Department of Management Services pertaining to Plaintiff. 01/17/17 Preparation of correspondence to Julie Oldbury re: requested LHR 0.30 copies of DROP program documents pertaining to Plaintiff, Leif Broberg. 01/17/17 Receipt and review of email response from Julie Oldbury re: LHR 0.30 requested DROP program documents pertaining to Plaintiff. 01/17/17 Receipt and review of DROP enrollment form pertaining to LHR 0.10 Plaintiff received from Julie Oldbury. 01/17/17 Receipt and review of City of Boynton Beach's Code of LHR 0.30 Ordinances pertaining to DROP program received from Julie Oldbury. Page 233 of 675 Client: City of Boynton Beach February 22, 2017 Matter: 15414 - Broberg v. Boynton Beach et al. Page 6 • • 7 : TILm Date Services Attorney Hours 01/17/17 Telephone conference with Julie Odbury, City Risk Manager, LHR 0.30 re: status of case. 01/19/17 Receipt and review of e-mail from Plaintiffs counsel Alvarez re: LHR 0.20 issuses with deposition of Cheif Katz and advising will begin deposition on February 10, 01/20/17 Receipt and review of e-mail from City Paralegal Lynn Swanson LHR 0.10 re: upcoming deposition of Chief Katz. 01/20/17 Preparation of email response to City Paralegal Lynn Swanson LHR 0.20 re: upcoming deposition of Chief Katz and advising Plaintiffs counsel has canceled the 1st deposition date of January 23 and will start the deposition on February 10 with continuation to follow. 01/20/17 Correspondence to City Risk Manager Julie Oldbury re: LHR 0.20 Plaintiffs cancellation of deposition of Chief Katz on January 23, however, proceeding with same on February 10 which was for continuation of deposition. 01/20/17 Receipt and review of Plaintiffs Notice of Cancellation of LHR 0.20 January 23, 2017 Deposition of Chief Katz. 01/20/17 Receipt and review of Defendant Crawford's Request for LHR 0.20 Copies to Defendant City for records received from FL Dept. of Management Services 01/21/17 Review Plaintiffs Complaint, Plaintiffs Answers and Responses RKD 1.00 to discovery responses, emails and documents received from City, and other case materials to prepare potential exhibits for use at Plaintiffs deposition of Chief Jeffrey Katz. 01/23/17 Preparation of e-mail to Plaintiffs counsel, Adrian Alvarez, re LHR 0.20 follow up re: depositions of Plaintiffs, Leif Broberg and Amy Broberg. 01/23/17 Receipt and review of e-mail from Plaintiffs counsel, Adrian LHR 0.20 Alvarez, re: depositions of Plaintiffs, Leif and Amy Broberg. 01/23/17 Preparation of e-mail to Plaintiffs counsel, Adrian Alvarez, re: LHR 0.20 depositions of Plaintiffs, Leif and Amy Broberg. 01/23/17 Drafting of prepare Fourth re -Notice of Taking Deposition of LHR 0.30 Plaintiff, Leif Broberg. 01/23/17 Drafting of prepare Second re -Notice of Taking Deposition of LHR 0.30 Plaintiff, Amy Broberg. 01/24/17 Receipt and review of correspondence from Ricardo Reyes, LHR 0.20 Esq. re: payment for CD containing documents pertaining to Plaintiff pursuant to Request for Copies. 01/25/17 Preparation of e-mail to Lynn Swanson, City of Boynton Beach, AGA 0.10 re: meetings with Chief Katz and Assistant Chief Suzanne Crawford. 01/25/17 Receipt and review of e-mail from Lynn Swanson, City of AGA 0.10 Boynton Beach, re: meetings with Chief Katz and Assistant Chief Suzanne Crawford. Page 234 of 675 Client: City of Boynton Beach February 22, 2017 Matter: 15414 - Broberg v. Boynton Beach et al. Page 7 Zt*j 9 AZ111 Ia Date is Attorney Hours 01/25/17 Preparation of second email to Lynn Swanson, City of Boynton AGA 0.10 Alex B. Ershock, Associate Beach, re: meetings with Chief Katz and Assistant Chief 140.00 1,288.00 Suzanne Crawford. Andrea G. Amigo, Partner 01/25/17 Receipt and review of second e-mail from Lynn Swanson, City NSM 0.10 KRH of Boynton Beach, re: Meeting with City Manager. 3.30 01/25/17 Receipt and review of third email from Lynn Swanson, City of NSM 0.10 Lyman H. Reynolds, Jr., Partner Boynton Beach, re: Meeting with Officer Ray Thomas. 165.00 01/25/17 Preparation of second email to Lynn Swanson, City of Boynton NSM 0.10 12.20 Beach, re: Meetings with City Manager and Officer Ray 1,708.00 RKD Thomas. 8.50 01/25/17 Receipt and review of e-mail from City Paralegal Lynn Swanson LHR 0.10 Total Professional Services re: upcoming meeting with City Manager Lori LaVerriere. 01/25/17 Receipt and review of second e-mail from City Paralegal Lynn LHR 0.10 Swanson re: upcoming meeting with Officer Ray Thomas. 01/29/17 Review Plaintiffs Motion to Strike City's Affirmative Defenses NSM 0.50 as well as City's Answer and Affirmative Defenses in order to prepare Response in Opposition to Plaintiff's Motion to Strike. 01/30/17 Research case law concerning the standard for pleading NSM 2.50 defenses, the standard for striking defenses, and distinctions for sufficiency of pleadings based upon stages of litigation. 01/31/17 Preparation of City's Response in Opposition to Plaintiffs NSM 2.40 Motion to Strike Affirmative Defenses. Code Name Hours Rate Amount ABE Alex B. Ershock, Associate 9.20 140.00 1,288.00 AGA Andrea G. Amigo, Partner 7.00 165.00 1,155.00 KRH Keith R. Hedrick, Associate 3.30 140.00 462.00 LHR Lyman H. Reynolds, Jr., Partner 22.50 165.00 3,712.50 NSM Nicholas S. Madsen, Associate 12.20 140.00 1,708.00 RKD Rebecca K. Davis, Paralegal 8.50 80.00 680.00 Total Professional Services 62,70 $9,005.60 Date Description Amount 01/04/17 Costs CD pertaining to Notice of Compliance to 15.00 Co -Defendant, Suzanne Crawford. 01/05/17 Subpoena Fees #LAS -2016016657 service: Florida Dept. 75.00 re: Broberg - Legal Advocate Services, Inc. 01/09/17 Photocopies 48.80 01/10/17 Photocopies 45.60 Page 235 of 675 Client: City of Boynton Beach Matter: 15414 - Broberg v. Boynton Beach et al. ■ ■ ■ . 01/13/17 Costs Advanced WPB: attend hearing on Defs MTD Plfs Amended Complaint. Parking. - Keith Hedrick 01/17/17 Travel Boynton Beach: attend meetings w/Capt. DeGuilio, City Manager Laverriere and Det. Dugger. - Nicholas Madsen 01/31/17 Photocopies 01/31/17 Photocopies Color copies 01/31/17 Photocopies 01/31/17 Photocopies @ $.15 per copy Total Disbursements Balance Forward: Payments & Adjustments: February 22, 2017 Page 8 Amount 2.00 18.73 Page 236 of 675 11111111111 1 1 1 • .- berts, Reynolds, Bedard & Tuzzio, PLLC 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Bill Number: 36347 Bill Date: February 22, 2017 Client Code: 032 Client Name: City of Boynton Beach Matter Code: 16414 Matter Name: Broberg v. Boynton Beach et al. Total Professional Services 9,005.50 Total Disbursements 275.33 CURRENT BILL TOTAL AMOUNT DUE $ 9,280.83 Balance Forward: 18,207,90 Payments & Adjustments: -18,207-90 Total Due: $ 9,280.83 Past Due Balance 0.00 TOTAL AMOUNT DUE $9,280.83 Page 237 of 675 ROBERTS, B ! / BEDARD & TUZZIO, 1 Columbia Drive,1 West Palm Beach, o•. 33409 Telephone(561)688-6560 Tax ID No. 4014: City of Boynton Beach February 22, 2017 Attm Julie Oldbury Bill No. 9916110 P.O. Box 310 Boynton Beach, FIL 33425-0310 FINAL BILL. CLIENT: City of Boynton Beach 032 ATTER: Harris v. Boynton Beach 16110 Claim # Date Services Attorney Hours 01/05/17 Receipt and review of Interested Parties, Casals, Vacciana & LHR 0.40 Trial Lawyers' Unopposed Motion for Leave to File Reply. 01/05/17 Receipt and review of Court's executed paperless Order LHR 0.20 Granting Interested Parties, Casals, Vacciana & Trial Lawyers' Unopposed Motion for Leave to File Reply. 01/09/17 Receipt and review of Court's executed sua sponte Order LHR 0.20 concerning charging lien and potential jurisdiction issues for same. 01/09/17 Correspondence to City Risk Manager Julie Oldbury re: Court's LHR 0.20 executed sua sponte Order regarding charging lien. 01/11/17 Receipt and review of Notice of Settlement by Interested LHR 0.40 Parties. 01/12/17 Correspondence to City Risk Manager Julie Oldbury re: Notice LHR 0.20 of Settlement by Interested Parties and submitting Stipulation and Order of Dismissal to Court. 01/12/17 Telephone conference with Plaintifrs counsel Finney re: LHR 0.20 requesting confirmation of his agreement to submission of Stipulation and Order of Dismissal to Court as charging lien resolved. 01/12/17 Receipt and review of e-mail from City Attorney Tracey DeCarlo LHR 0.20 re: questions concerning status of case in light of settlement of charging lien. 01/12/17 Receipt and review of e-mail from Plaintiffs counsel Finney r: LHR 0.20 confirmation of agreement for submission of Stipulation for Dismissal with Prejudice to Court. Page 238 of 675 Client: City of Boynton Beach February 22, 2017 Matter: 16110 - Harris v. Boynton Beach Page Date Services Attorney Hours 01/13/17 Preparation of email response to City Attorney Tracey DeCario LHR 0.20 re: answering her questions concerning status of case in light of settlement of charging lien and advising Stipulation for Dismissal being submitted to Court today. 01/13/17 Receipt and review of Notice of Withdrawal of Charging Lien. LHR 0.20 01/13/17 Correspondence to City Risk Manager Julie Oldbury re: Notice LHR 0.20 of Withdrawal of Charging Lien. 01/13/17 Preparation of e-mail to Judge Rosenberg with proposed Order LHR 0.20 of Dismissal with Prejudice pursuant to her requirements. 01/13/17 Receipt and review of Court's executed Order denying as Moot LHR 0.20 Plaintiff's Motion to Strike Notice of Charging Lien and Interested Parties' Motion to Stay Settlement Disbursement & Motion to Compel Arbitration of Fee Issue. 01/13/17 Receipt and review of Court's executed Order of Dismissal with LHR 0.20 Prejudice. 01/16/17 Correspondence to City Risk Manager Julie Oldbury re: Court's LHR 0.20 executed Order of Dismissal with Prejudice and Court's executed Order denying as Moot Plaintiffs Motion to Strike Notice of Charging Lien and Interested Parties' Motion to Stay Settlement Disbursement & Motion to Compel Arbitration of Fee Issue. • a• Code Name LHR Lyman H. Reynolds, Jr., Partner Total Professional Services r_;e Description t Photocopies Hours Rate 3.60 165.00 3.60 Amount 594.00 Amount Page 239 of 675 Client: City of Boynton Beach Matter: 16 110 - Harris v. Boynton Beach Balance Forward: Payments & Adjustments: February 22, 2017 Page 3 $ 60130 56,015.77 -55,537.27 $ 1.k 1.80 Page 240 of 675 11111111111111 11 to Roberts, Reynolds, Bedard & Tuzzio, PLLC 470 Columbia Drive, Suite C-1 01 West Palm Beach, Florida 33409 Bilhlumber: 9916110 Bill Date: February 22, 2017 Client Code: 032 Client Name: City of Boynton Beach 11 Matter Code: 16110 Matter Name: Harris v. Boynton Bea Total Professional Services Total Disbursements CURRENT BILL TOTAL AMOUNT DUE Balance Forward: Payments & Adjustments: Total Due: Past Due Balance TOTAL AMOUNT DUE 594.00 9.30 $ 603.30 56,015.77 -55,537.27 ....... $ ...... .. ...... - 1,081.80 47&50 $1,081.80 Page 241 of 675 ROBERTS, REYNOLDS, i' 470 Columbia West Palm Beach, !. 33409 City of Boynton Beach February 22, 2017 Attn: Julie Oldbury Bill No. 36348 P.O. Box 310 Boynton Beach, FL 33425-0310 CLIENT: City of Boynton Beach 032 MATTER: Hill v. Boynton Beach et al. 16481 Claim #NIA BILL FOR FEES AND COSTS THROUGH 01/31/17 IALel Z F-11 11114"1 :4 ZMA lei Date Services Attorney Hours 01/03/17 Extensive telephone conference with Plaintiffs counsel Linnes LHR 0.20 Finney re: potential Mediation and his agreement with same (total time .40 split between Hill & Braswell). 01/03/17 Preparation of e-mail to excess carrier representative Christine LHR 0.10 O'Brien re: advising Mr. Finney advised he cannot ethically do a joint Mediation of Hill & Braswell claims, however, can agree to conduct both pre -suit mediations the same date (total time .20 split between Hill & Braswell). 01/03/17 Receipt and review of email response from excess carrier LHR 0.10 representative Christine O'Brien re: agreement with both Hill & Braswell Mediations on same date and requesting evaluation report for obtaining additional authority (total time .20 split between Hill & Braswell). 01/03/17 Preparation of second email to excess carrier representative LHR 0.10 Christine O'Brien re: will immediately provide requested evaluation report for obtaining additional authority and will so comply (total time .20 split between Hill & Braswell). 01/03/17 Receipt and review of e-mail from Plaintiffs counsel Linnes LHR 0.10 Finney re: need for two separate pre -suit Mediations for Hill and Braswell claims, either on same date or separate dates (total time .20 split between Hill & Braswell) 01/03/17 Receipt and review of second e-mail from Plaintiffs counsel LHR 0.10 Linnes Finney re: pre -suit Mediation. (total time .20 split between Hill & Braswell) 01/03/17 Preparation of email response to Plaintiffs counsel Linnes LHR 0.10 Finney re: acknowledging need for two separate pre -suit Mediations for Hill and Braswell claims and client agreement with same. (total time .20 split between Hill & Braswell) Page 242 of 675 Client: City of Boynton Beach February 22, 2017 Matter: 16481 - Hili v. Boynton Beach et al. Page 2 Date Services Attorney Hours 01/03/17 Receipt and review of email response from excess carrier LHR 0.10 Lyman H. Reynolds, Jr., Partner adjuster Christine O'Brien re: pre -suit Mediation (total time .20 165.00 1,138.50 split between Hill & Braswell). Rebecca K. Davis, Paralegal 01/04/17 Preparation of e-mail to excess carrier representative Christine LHR 0.10 O'Brien re: pre -suit mediation. 01/04/17 Receipt and review of email response from excess carrier LHR 0.10 representative Christine O'Brien re: pre -suit mediation. 01/04/17 Preparation of second email to excess carrier representative LHR 0.10 Christine O'Brien re: pre -suit mediation. 01/04/17 Correspondence to Plaintiffs counsel Linnes Finney re: pre -suit LHR 0.10 Mediation (total time .20 split between HIII & Braswell) 01/04/17 Two telephone conferences with Plaintiffs counsel Finney re: LHR 0.20 pre -suit mediation (total time .40 split between Hill & Braswell). 01/05/17 Telephone conference with Mediator Kevin O'Brien re: potential LHR 0.10 pre -suit mediation (total time .20 split between Hill & Braswell). 01/05/17 Telephone conference with Plaintiffs counsel Finney re: LHR 0.10 pre -suit mediation (total time .20 split between Hill & Braswell). 01/05/17 Preparation of e-mail to Mediator Kevin O'Brien re: pre -suit LHR 0.10 mediation (total time .20 split between Hill & Braswell). 01/05/17 Preparation of Initial Case Evaluation. LHR 2.90 01/05/17 Receipt and review of email response from third email response RKD 0.10 from Terrill Pyburn, Esq, re: status of requested documents. 01/06/17 Receipt and review of Notice of Pre -Suit Mediation. LHR 0.40 01/09/17 Correspondence to excess carrier adjuster Christine O'Brien re: LHR 0.20 Notice of Pre -Suit Mediation. 01/26/17 Receipt and review of e-mail from Mediator O'Brien re: LHR 0.10 upcoming Pre -Suit Mediation. 01/26/17 Preparation of email response to Mediator O'Brien re: LHR 0.10 upcoming Pre -Suit Mediation. 01/26/17 Receipt and review of email response from Plaintiffs counsel LHR 0.10 Finney to Mediator O'Brien re: upcoming Pre -Suit Mediation. 01/31/17 Preparation of correspondence to Kevin L. O'Brien, Esq. re: LHR 1.10 mediation summary. 01/31/17 Receipt and review of email response from Christine O'Brien re: LHR 0.20 acknowledgement of mediation summary and strategy. O Code Name Hours Rate Amount LHR Lyman H. Reynolds, Jr., Partner 6.90 165.00 1,138.50 RKD Rebecca K. Davis, Paralegal 0.10 80.00 8.00 Page 243 of 675 Client: City of Boynton Beach Matter: 16481 - Hill v. Boynton Beach et al. Februaryt Page PROFESSIONAL SERVICES SUMMARY Code Name Hours Rate Amount Total Professional Services 7.00 $1,146.50 CURRENT ILL TOTAL AMOUNT DUE Balance Forward: Payments & Adjustments: Total Due: Page 244 of 675 Please return this page with remittance to Roberts, Reynolds, Bedard & Tuzzio, PLLC 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Bill Number: 36348 Bill Date: February 22, 2017 Client Code; 032 ,,lient Name: City of Boynton Beach Matter Code: 16481 Matter Name: Hill v. Boynton Beach et al. Total Professional Services Total Disbursements Balance Forward: Payments & Adjustments: Total Due: Past Due Balance 1,146.50 M $ 1,146.50 726.00 -726.00 $ 1,146.50 0.00 Page 245 of 675 Johnson, Anselmo, Murdoch, Burke, Piper & Hochman, P.A. 2455 E. Sunrise Blvd, Suite #1000 Fort Lauderdale.. Florida 33304 Tax I.D,k 65-0220140 February 27, 2017 Billed Through 02/21/2017 Invoice 55891 1 MTB 00281 35522 Julie Oldburv. Director Numan Rcsou=3 and .11%,,sk Management City or Boynton Beach 100 E. Boynton Beach Blvd, P,O. Box 310 Boynton Beach, I'L 33425-031 Regarding: *** FINAL INVOICI- Jonathan Vanguise Dunn vs. City of Boynton Beach and Christopher Munro FOR PROFESSIONAL SERVICES RENDERED: 021108/2017 wm Receipt and review of Order Granting Motion for Involuntary Dismissal 02/0811"2017 MTB Preparation of email correspondence to Officer Christopher Munroe concerning status of the case and dismissal of the action Total Professional Services: Burke. Michael `I`. 0.60 140.00 DISBU11SEMENTS 02j2 1'2017 Printing and Imaging Services i 02 21',2017 Postage Summary Total Expenses Advanced: Printing and Imaging Services Postage Total prolIcssional services $84.00 Total expenses incurred +$1.86 0.30 0.30 $84.00 1.40 0,46 $L40 $0.46 Page 246 of 675 Total Arnount Billed 2230MESI= Please Pay this Amount Invoice Number 55891 Page $85,86 $0.00 S85.86 Page 247 of 675 Johnson, Ansel o, Murdoch, Burke, Piper & Hochman, P.A, 2455 R. Sunrise Blvd, Suite #1000 Fort Lauderdale. Florida 33304 Tax 1. D.: 65-0220140 February 27, 2017 Billed Through 02/21/2017 Invoice 55892 11 MTB 00281 36024 Julie Oldburv, Director Human KeSOUrCes and Risk Manageineth City of Boynton Beach 100 E. Boynton Beach Blvd. P.0, Box 310 Boynton Beach, FL 33425-031 Regarding: *-** FINAL INVOICE Byron 1- 1 iarris, Jr. vs. Cityof'Boynton Beach, Michael Brown. Matthew Medeiros, Stephen ivlaiorino. Ronald Ryan, .Tustin Harris and Cory Henry FOR PROFESSIONAL SERVICES RENDERED: 02'06/2017 NITB Receipt and review of City's Notice of Non Compliance 0.10 02.'211 017 MT13 Receipt and review of Braswell's Notice of Compliance 0.10 Total Professional Services: $28,00 Burke. Michael T, 0.20 140.00 $28.00 DISBURSEMENTS 02412112017 Printing and Imaging Services 18,55 am= Total Expenses Advanced: Printing and Imaging $18.55 Services C! Total prolessional services $28,00 Total expenses incurred +$18-55 Total AmOUnt Billed Page 248 of 675 Invoice Number 55892 Page 2 RIM Page 249 of 675 ROBERTS, REYNOLDS, `. 470 Columbia Drive,1 FloridaWest Palm Beach, 33409 Telephone (561)688-6560 Tax 1D No. 65-0004867 City of Boynton Beach February 22, 2017 Attn: Julie Oldbury Bill No. 36348 P.O. Box 310 Boynton Beach, FL 33425-0310 CLIENT: City of Boynton Beach 032 MATTER: Hill v. Boynton Beach et al. 16481 Claim #NIA BILL FOR FEES AND COSTS THROUGH 01/31/17 Date Services Attorney Hours 01/03/17 Extensive telephone conference with Plaintiffs counsel Linnes LHR 0.20 Finney re: potential Mediation and his agreement with same (total time .40 split between Hill & Braswell). 01/03/17 Preparation of e-mail to excess carrier representative Christine LHR 0.10 O'Brien re: advising Mr. Finney advised he cannot ethically do a joint Mediation of Hill & Braswell claims, however, can agree to conduct both pre -suit mediations the same date (total time .20 split between Hili & Braswell). 01/03/17 Receipt and review of email response from excess carrier LHR 0.10 representative Christine O'Brien re: agreement with both Hill & Braswell Mediations on same date and requesting evaluation report for obtaining additional authority (total time .20 split between Hill & Braswell). 01/03/17 Preparation of second email to excess carrier representative LHR 0.10 Christine O'Brien re: will immediately provide requested evaluation report for obtaining additional authority and will so comply (total time .20 split between Hill & Braswell). 01/03/17 Receipt and review of e-mail from Plaintiffs counsel Linnes LHR 0.10 Finney re: need for two separate pre -suit Mediations for Hill and Braswell claims, either on same date or separate dates (total time .20 split between Hill & Braswell) 01/03/17 Receipt and review of second e-mail from Plaintiffs counsel LHR 0.10 Linnes Finney re: pre -suit Mediation. (total time .20 split between Hill & Braswell) 01/03/17 Preparation of email response to Plaintiffs counsel Linnes LHR 0.10 Finney re: acknowledging need for two separate pre -suit Mediations for Hill and Braswell claims and client agreement with same. (total time .20 split between Hill & Braswell) Page 250 of 675 Client: City of Boynton Beach February 22, 2017 Matter: 16481 - Hill v. Boynton Beach et al. Page 2 Date Services Attorney Hours 01/03/17 Receipt and review of email response from excess carrier LHR 0.10 Lyman H. Reynolds, Jr., Partner adjuster Christine O'Brien re: pre -suit Mediation (total time .20 165.00 1,138.50 split between Hill & Braswell). Rebecca K. Davis, Paralegal 01/04/17 Preparation of e-mail to excess carrier representative Christine LHR 0.10 O'Brien re: pre -suit mediation. 01/04/17 Receipt and review of email response from excess carrier LHR 0.10 representative Christine O'Brien re: pre -suit mediation. 01/04/17 Preparation of second email to excess carrier representative LHR 0.10 Christine O'Brien re: pre -suit mediation. 01/04/17 Correspondence to Plaintiffs counsel Linnes Finney re: pre -suit LHR 0.10 Mediation (total time .20 split between Hill & Braswell) 01/04/17 Two telephone conferences with Plaintiffs counsel Finney re: LHR 0.20 pre -suit mediation (total time .40 split between Hill & Braswell). 01/05/17 Telephone conference with Mediator Kevin O'Brien re: potential LHR 0.10 pre -suit mediation (total time .20 split between Hill & Braswell). 01/05/17 Telephone conference with Plaintiffs counsel Finney re: LHR 0.10 pre -suit mediation (total time .20 split between Hill & Braswell). 01/05/17 Preparation of e-mail to Mediator Kevin O'Brien re: pre -suit LHR 0.10 mediation (total time .20 split between Hill & Braswell). 01/05/17 Preparation of Initial Case Evaluation. LHR 2.90 01/05/17 Receipt and review of email response from third email response RKD 0.10 from Terrill Pyburn, Esq. re: status of requested documents. 01/06/17 Receipt and review of Notice of Pre -Suit Mediation. LHR 0.40 01/09/17 Correspondence to excess carrier adjuster Christine O'Brien re: LHR 0.20 Notice of Pre -Suit Mediation. 01/26/17 Receipt and review of e-mail from Mediator O'Brien re: LHR 0.10 upcoming Pre -Suit Mediation. 01/26/17 Preparation of email response to Mediator O'Brien re: LHR 0.10 upcoming Pre -Suit Mediation. 01/26/17 Receipt and review of email response from Plaintiffs counsel LHR 0.10 Finney to Mediator O'Brien re: upcoming Pre -Suit Mediation. 01/31/17 Preparation of correspondence to Kevin L. O'Brien, Esq. re: LHR 1.10 mediation summary. 01/31/17 Receipt and review of email response from Christine O'Brien re: LHR 0.20 acknowledgement of mediation summary and strategy. Code Name Hours Rate Amount LHR Lyman H. Reynolds, Jr., Partner 6.90 165.00 1,138.50 RKD Rebecca K. Davis, Paralegal 0.10 80.00 8.00 Page 251 of 675 Client. City of Boynton Beach February 22, 2017 Matter: 16481 - Hill v. Boynton Beach et al. Page 3 =M - Balance Forward: Payments & Adjustments, Hours Rate Amount 7.00 $1,146.50 $ 1,146.50 726,00 -726.00 $ 1,146M Page 252 of 675 to !*Noberts, Reynolds, Bedard & Tuzzio, PLLC 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Bill Number: 36348 Bill Date: February 22, 2017 Client Code: 032 Client Name: City of Boynton Beach Matter Code: 16481 Matter Name: Hill v. Boynton Beach et al. Total Professional Services Total Disbursements [01IJ V 0 =I 0 h 111:1111 M to] IUI Balance Forward: Payments & Adjustments: Total Due: Past Due Balance 1,146.50 we] ------------- $ 1,146,50 726.00 -726.00 $ 1,146-50 0.00 Page 253 of 675 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Telephone (561)688-6560 Tax ID No. 65-0004867 City of Boynton Beach Attn: Julie Oldbury P.O. Box 310 Boynton Beach, FL 33425-0310 FINAL BILL. CLIENT: City of Boynton Beach MATTER: Harris v. Boynton Beach Claim # BILL FOR FEES AND COSTS THROUGH 02/14/17 r February 22, 2017 Bill No. 9916110 032 16110 01/05/17 Receipt and review of Interested Parties, Casals, Vacciana & LHR Trial Lawyers' Unopposed Motion for Leave to File Reply. 01/05/17 Receipt and review of Court's executed paperless Order LHR Granting Interested Parties, Casals, Vacciana & Trial Lawyers' Unopposed Motion for Leave to File Reply. 01/09/17 Receipt and review of Court's executed sua sponte Order LHR concerning charging lien and potential jurisdiction issues for same. 01/09/17 Correspondence to City Risk Manager Julie Oldbury r: Court's LHR executed sua sponte Order regarding charging lien. 01/11/17 Receipt and review of Notice of Settlement by Interested LHR Parties. 01/12/17 Correspondence to City Risk Manager Julie Oldbury re: Notice LHR of Settlement by Interested Parties and submitting Stipulation and Order of Dismissal to Court. 01/12/17 Telephone conference with Plaintiffs counsel Finney re: LHR requesting confirmation of his agreement to submission of Stipulation and Order of Dismissal to Court as charging lien resolved. 0.40 0.20 0.20 0.20 0.40 0.20 0.20 01/12/17 Receipt and review of e-mail from City Attorney Tracey DeCarlo LHR 0.20 re: questions concerning status of case in light of settlement of charging lien. 01/12/17 Receipt and review of e-mail from Plaintiffs counsel Finney re: LHR 0.20 confirmation of agreement for submission of Stipulation for Dismissal with Prejudice to Court. Page 254 of 675 Client: City of Boynton Beach February 22, 2017 Matter: 16110 - Harris v. Boynton Beach Page 2 Date Services Attorney Hours 01/13/17 Preparation of email response to City Attorney Tracey DeCarlo LHR 0.20 re: answering her questions concerning status of case in light of settlement of charging lien and advising Stipulation for Dismissal being submitted to Court today. 01/13/17 Receipt and review of Notice of Withdrawal of Charging Lien. LHR 0.20 01/13/17 Correspondence to City Risk Manager Julie Oldbury re: Notice LHR 0.20 of Withdrawal of Charging Lien. 01/13/17 Preparation of e-mail to Judge Rosenberg with proposed Order LHR 0.20 of Dismissal with Prejudice pursuant to her requirements. 01/13/17 Receipt and review of Court's executed Order denying as Moot LHR 0.20 Plaintiff's Motion to Strike Notice of Charging Lien and Interested Parties' Motion to Stay Settlement Disbursement & Motion to Compel Arbitration of Fee Issue. 01113/17 Receipt and review of Court's executed Order of Dismissal with LHR 0.20 Prejudice. 01/16/17 Correspondence to City Risk Manager Julie Oldbury re: Court's LHR 0.20 executed Order of Dismissal with Prejudice and Court's executed Order denying as Moot Plaintiffs Motion to Strike Notice of Charging Lien and Interested Parties' Motion to Stay Settlement Disbursement & Motion to Compel Arbitration of Fee Issue. • Code Name Hours Rate Amount LHR Lyman H. Reynolds, Jr., Partner 3.60 165.00 594.00 Total Professional Services 3.60 DISBURSEMENTS Date Description Amount 02/02/17 Photocopies 9.30 Total Disbursements Page 255 of 675 Client: City of Boynton Beach Matter: 16110 - Harris v. Boynton Beach Payments & Adjustments: ffl-rfll� 603.30 56,015.77 -55,537.27 1,081,80 Page 256 of 675 a is 11111 ''J, Iq • Roberts, Reynolds, Bedard & Tuzzio, PLLC 470 Columbia Drive, Suite C-1 01 West Palm Beach, Florida 33409 Bill Number: 9916110 Bill Date: February 22, 2017 Client Code: 032 Client Name: City of Boynton Beach Matter Code: 16110 Matter Name: Harris v. Boynton Beal Total Professional Services Total Disbursements CURRENT BILL TOTAL AMOUNT DUE Balance Forward: Payments & Adjustments: Total Due: Past Due Balance TOTAL AMOUNT DUE Page 257 of 675 ROBERTS, REYNOLDS, D 1 Columbia fl! 1 West Palm Beach, Florida 40,• Telephone (561)6$8-6560 Tax ID No. 65-0004867 City of Boynton Beach Attn: Julie Oldbury P.O. Box 310 Boynton Beach, FL 33425-0310 CLIENT: City of Boynton Beach MATTER: Broberg v. Boynton Beach et al. Claim (#001470 -000390 -EP -01 BILL FOR FEES AND COSTS THROUGH 01/31/17 February 22, 2017 Bill No. 36347 032 15414 Date Services Attorney Hours 01/03/17 Receipt and review of e-mail from Judge Gillen to Plaintiffs LHR 0.10 counsel Alvarez re: need for resubmission of documents for upcoming hearing on Plaintiffs Motion to Strike City's Affirmative Defenses for compliance with divisional instructions of Judge. 01/03/17 Receipt and review of e-mail from Lynn Swanson r: deposition LHR 0.20 of Chief Jeffrey Katz. 01/03/17 Preparation of e-mail to Plaintiffs counsel, Adrian Alvarez, re: LHR 0.20 deposition of Chief Jeffrey Katz. 01/03/17 Receipt and review of email response from Plaintiffs counsel LHR 0.20 Alvarez to Judge Gillen re: resubmission of courtesy copies of documents for upcoming hearing on Plaintiffs Motion to Strike City's Affirmative Defenses for compliance with divisional instructions of Judge. 01/03/17 Review 340 pdfs of email files and attachments for privileged ABE 9.20 information redaction. 01/04/17 Preparation of Defendant, City of Boynton Beach's Notice of LHR 0.40 Compliance to Defendant, Suzanne Crawford's Request for Copies dated November 28, 2016. 01/04/17 Preparation of Defendant, City of Boynton Beach's Notice of LHR 0.40 Compliance to Defendant, Suzanne Crawford's Request for Copies dated November 23, 2016. 01/04/17 Preparation of Defendant, City of Boynton Beach's Notice of LHR 1.00 Compliance to Plaintiff, Leif Broberg's Request for Copies dated November 28, 2016. Page 258 of 675 Client: City of Boynton Beach February 22, 2017 Matter: 15414 - Broberg v. Boynton Beach et al. Page 2 --• Date Services Attorney Hours 01/04/17 Preparation of CD enclosing records pursuant to Defendant, RKD 1.00 City of Boynton Beach's Notices of Compliance to Defendant, Suzanne Crawford's Request for Copies dated April 6, 2016 and November 23, 2016. 01/04/17 Preparation of CD enclosing records pursuant to Defendant, RKD 1.00 City of Boynton Beach's Notice of Compliance to Plaintiff, Leif Broberg's Request for Copies dated November 28, 2016. 01/04/17 Telephone conference with Sgt. Picciano re: request access to RKD 0.20 email attachments in order to redact prior to producing to Plaintiffs counsel pursuant to Court's Order. 01/04/17 Review and redact privileged information from incident reports, RKD 1.90 accident reports, citations, State Attorney filing documents, and photographs related to Byron Harris prior to producing same to counsel for Plaintiff, Leif Broberg, pursuant to Court's Order. 01/04/17 Preparation of City's Amended Supplemental Response to LHR 1.00 Plaintiff, Leif Broberg's Request to Produce. 01/04/17 Preparation of final Dropbox link containing finalized documents RKD 1.00 for producing as City's Amended Supplemental Response to Plaintiffs Request for Production per the Court's Order. 01/04/17 Detailed review and analysis of voluminous redacted emails AGA 4.20 and attachments (approximately 1,000 pages) in preparation of supplemental response to plaintiffs request to produce. 01/04/17 Review and revise proposed privilege log in prep of AGA 0.70 supplemental response to plaintiffs request to produce. 01/04/17 Detailed analysis and revisions to proposed AGA 1.20 amended/supplemental response to request to produce including voluminous records attached to the same. 01/05/17 Receipt and review of e-mail from Lynn Swanson re: Chief LHR 0.20 Jeffrey Katz's availability for deposition. 01/05/17 Preparation of e-mail to Plaintiffs counsel, Adrian Alvarez, re: LHR 0.20 continuation of deposition of Chief Jeffrey Katz. 01/05/17 Preparation of e-mail to Lynn Swanson re: Chief Jeffrey Katz's LHR 0.20 availability for deposition. 01/05/17 Receipt and review of e-mail from Lynn Swanson re: Chief LHR 0.20 Jeffrey Katz's availability for deposition. 01/05/17 Preparation of e-mail to Lynn Swanson re: Chief Jeffrey Katz's LHR 0.20 deposition dates. 01/05/17 Preparation of correspondence to Julie Oldbury re: final draft of LHR 0.60 City's Amended Supplemental Response to Plaintiffs Request to Produce and Dropbox link containing responsive documents. 01/05/17 Preparation of final draft of City's Answers to Plaintiffs LHR 0.70 Interrogatories. 01/05/17 Receipt and review of email response from Jim Cherof re: City LHR 0.20 no longer using Dropbox when confidentiality is a factor. Page 259 of 675 Client: City of Boynton Beach February 22, 2017 Matter: 15414 - Broberg v. Boynton Beach et al. Page Date Services Attorney Hours 01/05/17 Telephone conference with Ricardo Reyes, Esq. re: delivery of RKD 0.30 documents pertaining to City's Request for Copies. 01/05/17 Preparation of updated Litigation Loss Report. LHR 4.90 01/05/17 Second telephone conference with Ricardo Reyes, Esq. re: RKD 0.30 status of documents pertaining to City's Request for Copies. 01/05/17 Receipt and review of Plaintiffs Re -Notice of Taking Deposition LHR 0.20 of Chief Jeffrey Katz. 01/05/17 Correspondence to City Risk Manager Julie Oldbury re: LHR 0.20 Plaintiffs Re -Notice of Taking Deposition of Chief Jeffrey Katz. 01/06/17 Preparation of final draft of City's Answers to Plaintiffs LHR 0.90 Interrogatories. 01/06/17 Preparation of public records request to Palm Beach County LHR 0.60 State Attorney's Office. 01/06/17 Review Plaintiffs Complaint and attachments thereto and NSM 2.00 Plaintiffs Answers to Interrogatories along with correspondence to and from City Manager Lori Laverriere in order to prepare for meetings with Captain Deguilio, Lori Laverriere, Sergeant Dugger, and Officer Thomas. 01/07/17 Review Plaintiffs Complaint, Plaintiffs Answers and Responses RKD 1.50 to discovery responses, emails and documents received from City, and other case materials to prepare documents for use at meetings with City employees Captain DeGuilio, City Manager LaVerriere, Detective Duggar, and Officer Thomas to review Plaintiffs allegations and their knowledge concerning same. 01/09/17 Receipt and review of records pertaining to Plaintiff received LHR 0.30 from Social Security Administration. 01/09/17 Preparation of e-mail to all counsel re: upcoming deposition of LHR 0.20 Plaintiff Leif Broberg. 01/09/17 Receipt and review of email response from Co -Defendant's LHR 0.20 counsel Lewis re: upcoming deposition of Plaintiff Leif Broberg. 01/09/17 Receipt and review of two email responses from Plaintiffs LHR 0.20 counsel Alvarez re: deposition of Leif Broberg. 01/09/17 Preparation of e-mail to Plaintiffs counsel Alvarez re: LHR 0.20 deposition of Leif Broberg. 01/09/17 Receipt and review of correspondence from Plaintiffs counsel LHR 0.40 Alvarez to Judge Gillen with courtesy copies of documents for upcoming hearing on Defendant Crawford's Motion to Dismiss and case law cited therein, and review of same. 01/09/17 Receipt and review of Plaintiffs Response and Memorandum of LHR 0.50 Law in Opposition to Defendant Suzanne Crawford's Motion to Dismiss Amended Complaint. 01/10/17 Preparation of Re -Notice of Taking Deposition of Plaintiff Leif LHR 0.20 Broberg (changes as to time). Page 260 of 675 Client: City of Boynton Beach February 22, 2017 Matter: 15414 - Broberg v. Boynton Beach et al. Page Date Services Attorney Hours 01/10/17 Receipt and review of email response from Cynthia Dunn re: LHR 0.20 questions pertaining to City's Response to Plaintiffs Request to Produce. 01/10/17 Correspondence to City Risk Manager Julie Oldbury re: LHR 0.20 Plaintiffs Response and Memorandum of Law in Opposition to Defendant Suzanne Crawford's Motion to Dismiss Amended Complaint. 01/10/17 Receipt and review of e-mail from State Attorney's Office re: LHR 0.20 acknowledgement of public records request. 01/10/17 Preparation of email response to Cynthia Dunn re: documents LHR 0.20 on Dropbox are City's served documents to Plaintiffs Request to Produce. 01/10/17 Receipt and review of email response from Cynthia Dunn re: LHR 0.10 thanks for City's served documents to Plaintiffs Request to Produce. 01/10/17 Receipt and review of correspondence from Co -Defendant's LHR 0.40 counsel Lewis to Judge Gillen with courtesy copies of documents for upcoming hearing on Defendant Crawford's Motion to Dismiss and case law cited therein, and review of same. 01/10/17 Attendance at meetings with Capt. DeGuilio, Det. Daniel NSM 4.50 Dugger, and City Manager Lori LaVerriere to discuss their knowledge of Plaintiffs claims at Boynton Beach City Hall. 01/11/17 Receipt and review of correspondence from Co -Defendant's LHR 0.30 counsel Lewis to Judge Gillen re: additional case law in support of Defendant Crawford's Motion to Dismiss. 01/12/17 Receipt and review of e-mail from City Paralegal Lynn Swanson LHR 0.10 re: meeting with Officer Ray Thomas. 01/12/17 Preparation of email response to City Paralegal Lynn Swanson LHR 0.10 re: meeting with Officer Ray Thomas. 01/12/17 Receipt and review of second e-mail from City Paralegal Lynn LHR 0.10 Swanson re: meeting with Officer Ray Thomas. 01/12/17 Preparation of second e-mail response to City Paralegal Lynn LHR 0.10 Swanson re: meeting with Officer Ray Thomas. 01/12/17 Receipt and review of third email from City Paralegal Lynn LHR 0.10 Swanson re: meeting with Officer Ray Thomas. 01/12/17 Preparation of third email response to City Paralegal Lynn LHR 0.10 Swanson re: meeting with Officer Ray Thomas. 01/12/17 Review of Defendant Crawford's Motion to Dismiss Plaintiffs KRH 0.50 Amended Complaint and Plaintiffs Response in Opposition in preparation for attendance at hearing on following day. 01/13/17 Attendance at hearing on Defendant Crawford's Motion to KRH 2.50 Dismiss Plaintiffs Amended Complaint before Judge Jeffery Gillen at the Palm Beach County Courthouse, West Palm Beach, Florida. Page 261 of 675 Client: City of Boynton Beach February 22, 2017 Matter: 15414 - Broberg v. Boynton Beach et al. Page 5 Date Services Attorney Hours 01/16/17 Correspondence to Ms. Oldbury re: outcome of hearing on KRH 0.30 Defendant Crawford's Motion to Dismiss Plaintiffs Amended Complaint. 01/16/17 Receipt and review of Court's executed Order on Defendant LHR 0.20 Crawford's Motion to Dismiss Plaintiffs Amended Complaint. 01/16/17 Preparation of e-mail to Plaintiffs counsel, Adrian Alvarez, re: AGA 0.20 deposition of Plaintiff, Leif Broberg. 01/16/17 Receipt and review of e-mail from Plaintiffs counsel, Adrian AGA 0.20 Alvarez, re: deposition of Plaintiff, Leif Broberg. 01/16/17 Preparation of e-mail to Plaintiffs counsel, Adrian Alvarez, re: AGA 0.20 deposition of Plaintiff, Leif Broberg and wife, Amy Broberg. 01/16/17 Obtain contact information for Florida Retirement System to RKD 0.30 subpoena Plaintiffs DROP records. 01/16/17 Preparation of e-mail to City Paralegal Lynn Swanson re: LHR 0.10 meeting with City Manager Lori LaVerriere. 01/17/17 Correspondence to City Risk Manager Julie Oldbury re: Court's LHR 0.20 executed Order on Defendant Crawford's Motion to Dismiss Plaintiffs Amended Complaint. 01/17/17 Receipt and review of e-mail from City Paralegal Lynn Swanson LHR 0.10 re: meeting with City Manager Lori LaVerriere. 01/17/17 Receipt and review of second e-mail from City Paralegal Lynn LHR 0.10 Swanson re: meeting with City Manager Lori LaVerriere. 01/17/17 Preparation of email response to City Paralegal Lynn Swanson LHR 0.10 re: meeting with City Manager Lori LaVerriere. 01/17/17 Receipt and review of third email from City Paralegal Lynn LHR 0.10 Swanson re: meeting with City Manager Lori LaVerriere. 01/17/17 Preparation of Statement of Assurance (HIPAA) to Florida LHR 0.10 Department of Management Services pertaining to Plaintiff. 01/17/17 Preparation of Notice of Production from Non -Party directed to LHR 0.20 Florida Department of Management Services pertaining to Plaintiff. 01/17/17 Preparation of subpoena duces tecum directed to Florida LHR 0.10 Department of Management Services pertaining to Plaintiff. 01/17/17 Preparation of correspondence to Julie Oldbury re: requested LHR 0.30 copies of DROP program documents pertaining to Plaintiff, Leif Broberg. 01/17/17 Receipt and review of email response from Julie Oldbury re: LHR 0.30 requested DROP program documents pertaining to Plaintiff. 01/17/17 Receipt and review of DROP enrollment form pertaining to LHR 0.10 Plaintiff received from Julie Oldbury. 01/17/17 Receipt and review of City of Boynton Beach's Code of LHR 0.30 Ordinances pertaining to DROP program received from Julie Oldbury. Page 262 of 675 Client: City of Boynton Beach February 2, 2017 Matter: 15414 - Broberg v. Boynton Beach et al. Page 6 Date Services Attorney Hours 01/17/17 Telephone conference with Julie Odbury, City Risk Manager, LHR 0.30 re: status of case. 01/19/17 Receipt and review of e-mail from Plaintiffs counsel Alvarez re: LHR 0.20 issuses with deposition of Cheif Katz and advising will begin deposition on February 10, 01/20/17 Receipt and review of e-mail from City Paralegal Lynn Swanson LHR 0.10 re: upcoming deposition of Chief Katz. 01/20/17 Preparation of email response to City Paralegal Lynn Swanson LHR 0.20 re: upcoming deposition of Chief Katz and advising Plaintiffs counsel has canceled the 1st deposition date of January 23 and will start the deposition on February 10 with continuation to follow. 01/20/17 Correspondence to City Risk Manager Julie Oldbury re: LHR 0.20 Plaintiffs cancellation of deposition of Chief Katz on January 23, however, proceeding with same on February 10 which was for continuation of deposition. 01/20/17 Receipt and review of Plaintiffs Notice of Cancellation of LHR 0.20 January 23, 2017 Deposition of Chief Katz. 01/20/17 Receipt and review of Defendant Crawford's Request for LHR 0.20 Copies to Defendant City for records received from FL Dept. of Management Services 01/21/17 Review Plaintiffs Complaint, Plaintiffs Answers and Responses RKD 1.00 to discovery responses, emails and documents received from City, and other case materials to prepare potential exhibits for use at Plaintiffs deposition of Chief Jeffrey Katz. 01/23/17 Preparation of e-mail to Plaintiffs counsel, Adrian Alvarez, re LHR 0.20 follow up re: depositions of Plaintiffs, Leif Broberg and Amy Broberg. 01/23/17 Receipt and review of e-mail from Plaintiffs counsel, Adrian LHR 0.20 Alvarez, re: depositions of Plaintiffs, Leif and Amy Broberg. 01/23/17 Preparation of e-mail to Plaintiffs counsel, Adrian Alvarez, re: LHR 0,20 depositions of Plaintiffs, Leif and Amy Broberg. 01/23/17 Drafting of prepare Fourth re -Notice of Taking Deposition of LHR 0.30 Plaintiff, Leif Broberg. 01/23/17 Drafting of prepare Second re -Notice of Taking Deposition of LHR 0.30 Plaintiff, Amy Broberg. 01/24/17 Receipt and review of correspondence from Ricardo Reyes, LHR 0.20 Esq. re: payment for CD containing documents pertaining to Plaintiff pursuant to Request for Copies. 01/25/17 Preparation of e-mail to Lynn Swanson, City of Boynton Beach, AGA 0.10 re: meetings with Chief Katz and Assistant Chief Suzanne Crawford. 01/25/17 Receipt and review of e-mail from Lynn Swanson, City of AGA 0.10 Boynton Beach, re: meetings with Chief Katz and Assistant Chief Suzanne Crawford. Page 263 of 675 Client: City of Boynton Beach February 22, 2017 Matter: 15414 - Broberg v. Boynton Beach et al. Page 7 Date Services Attorney Hours 01/25/17 Preparation of second email to Lynn Swanson, City of Boynton AGA 0.10 Alex B. Ershock, Associate Beach, re: meetings with Chief Katz and Assistant Chief 140.00 1,288.00 Suzanne Crawford. Andrea G. Amigo, Partner 01/25/17 Receipt and review of second e-mail from Lynn Swanson, City NSM 0.10 KRH of Boynton Beach, re: Meeting with City Manager. 3.30 01/25/17 Receipt and review of third email from Lynn Swanson, City of NSM 0.10 Lyman H. Reynolds, Jr., Partner Boynton Beach, re: Meeting with Officer Ray Thomas. 165.00 01/25/17 Preparation of second email to Lynn Swanson, City of Boynton NSM 0.10 12.20 Beach, re: Meetings with City Manager and Officer Ray 1,708.00 RKD Thomas. 8.50 01/25/17 Receipt and review of e-mail from City Paralegal Lynn Swanson LHR 0.10 Total Professional Services re: upcoming meeting with City Manager Lori LaVerriere. 01/25/17 Receipt and review of second e-mail from City Paralegal Lynn LHR 0.10 Swanson re: upcoming meeting with Officer Ray Thomas. 01/29/17 Review Plaintiffs Motion to Strike City's Affirmative Defenses NSM 0.50 as well as City's Answer and Affirmative Defenses in order to prepare Response in Opposition to Plaintiffs Motion to Strike. 01/30/17 Research case law concerning the standard for pleading NSM 2.50 defenses, the standard for striking defenses, and distinctions for sufficiency of pleadings based upon stages of litigation. 01/31/17 Preparation of City's Response in Opposition to Plaintiffs NSM 2,40 Motion to Strike Affirmative Defenses. Code Name Hours Rate Amount A F Alex B. Ershock, Associate 9.20 140.00 1,288.00 AGA Andrea G. Amigo, Partner 7.00 165.00 1,155.00 KRH Keith R. Hedrick, Associate 3.30 140.00 462.00 LHR Lyman H. Reynolds, Jr., Partner 22.50 165.00 3,712.50 NSM Nicholas S. Madsen, Associate 12.20 140.00 1,708.00 RKD Rebecca K. Davis, Paralegal 8.50 80.00 680.00 Total Professional Services 62.70 Date Description Amount 01/04/17 Costs CD pertaining to Notice of Compliance to 15.00 Co -Defendant, Suzanne Crawford. 01/05/17 Subpoena Fees #LAS -2016016657 service: Florida Dept. 75.00 re: Broberg - Legal Advocate Services, Inc. 01/09/17 Photocopies 46.80 01110117 Photocopies 45.60 Page 264 of 675 Client: City of Boynton Beach Matter: 15414 - Broberg v. Boynton Beach et al. 97I+-: �1&—iiT4?if �.0000019ME 01/13/17 Costs Advanced WPB: attend hearing on Defs MTD Plfs Amended Complaint. Parking. - Keith Hedrick 01/17/17 Travel Boynton Beach: attend meetings w/Capt. DeGuilio, City Manager Laverriere and Det. Dugger. - Nicholas Madsen 01/31/17 Photocopies 01/31/17 Photocopies Color copies 01/31/17 Photocopies 01/31/17 Photocopies @ $.15 per copy Total Disbursements Balance Forward: Payments & Adjustments: February 22, 2017 Page 8 Amount 2.00 18.73 Page 265 of 675 Page 266 of 675 Please return this page with remittancl� to Roberts, Reynolds, Bedard & Tuzzio, PLLC 470 Columbia Drive, Suite C-1 01 West Palm Beach, Florida 33409 -fflgk Bill Date: February 22, 2017 Client Code: 032 Client Name; City of Boynton Beach Matter Code: 15414 Matter Name: Broberg v. Boynton Beach et Total Professional Services Total Disbursements [oil] 0:44 ki 112:310111111061 IF -11 Balance Forward: Payments & Adjustments: Total Due: Past Due Balance 9,005.50 275.33 $ 9,280.83 18,207.90 -18,207.90 $ 9,280.83 0,00 $9,280.83 Page 267 of 675 PLLC REYNOLDS, r 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Telephone (561)688-6560 Tax ID No. 65-0004867 City of Boynton Beach February 23, 2017 Attn: Julie Oldbury Bill No. 36456 P.O. Box 310 Boynton Beach, FL 33425-0310 CLIENT: City of Boynton Beach 032 MATTER: Freeman v. Boynton Beach 16133 Claim: 001470 -000348 -PP -01 BILL FOR FEES AND COSTS THROUGH 01/31/17 -o ! Date Services Attorney Hours 01/04/17 Receipt and review of Correspondence to and from Steve BILB 0.30 Logan re: mediation. 01/04/17 Review/Analyze medical records from Bethesda Hospital DPC 0.50 pursuant to our Subpoena for records. 01/05/17 Receipt and review of Correspondence from Steve Logan BLB 0.30 requesting an extension to respond to Motion for Summary Judgment. 01/06/17 Communicate/Other External correspondence to Resivest KLR 0.10 Realty re our Subpoena for records. 01/06/17 Communicate/Other External correspondence to Dr. Peter Katz KLR 0.10 re our Subpoena for records. 01/06/17 Communicate/Other External correspondence to Dr. Ralph KLR 0.10 Palumbo re our Subpoena for records. 01/06/17 Communicate/Other External correspondence to Dr. Gary KLR 0.10 Schorr re our Subpoena for records. 01/06/17 Communicate/Other External correspondence to Steven KLR 0.10 Mautner, DDS re our Subpoena for records. 01/06/17 Preparation of Correspondence to Steve Logan re: how much BLB 0.10 time do you need to respond to the Motion for Summary Judgment. 01/06/17 Communicate/Other External correspondence to Dr. James KLR 0.10 Milne re our Subpoena for records. 01/06/17 Communicate/Other External correspondence from Dr. Ralph KLR 0.10 Palumbo re our Subpoena for records. 01/06/17 Communicate/Other External correspondence from Dr. Gary KLR 0.10 Schorr re our Subpoena for records. Page 268 of 675 Client: City of Boynton Beach February 23, 2017 Matter: 16133 - Freeman v. Boynton Beach Page 2 Date Services Attorney Hours 01/06/17 Preparation of Correspondence to and from Julie Oldbury re: BILB 0.30 run all approvals through her. 01/06/17 Communicate/Other External correspondence to Dr. Ralph KLR 0.10 Palumbo re our Subpoena for records and his response to same, asking to check his file again since Walgreens records showed he wrote a prescription to Plaintiff in 2012. 01/06/17 Communicate/Other External correspondence to Dr. Peter Katz KLR 0.10 re our Subpoena for records and his response to same, asking to check his file again since Walgreens records showed he wrote several prescriptions to Plaintiff in 2015. 01/06/17 Communicate/Other External telephone call from Dr. Ralph KLR 0.10 Palumbo re our request to check his file again and comply with Subpoena for records, since Walgreens records showed he wrote a prescription to Plaintiff in 2012. 01/09/17 Review/Analyze medical records from Dr. James Milne BLB 0.20 pursuant to our Subpoena for records. 01/09/17 Receipt and review of Correspondence from Steve Logan re: BLB 0.30 issues regarding prescription in Motion for Summary Judgment. 01/09/17 Preparation of Correspondence to Steve Logan re: issues BLB 0.30 regarding prescription for AN 450 as listed in Motion and issues regarding discovery. 01/09/17 Receipt and review of Plaintiffs Motion for Extension of Time to BILB 0.30 Respond to Davis' Motion for Summary Judgment and proposed Order. 01/10/17 Preparation of Correspondence to and from Steve Logan re: BLB 0.30 agree to extension to respond to Motion for Summary Judgment 01/11/17 Communicate/Other External telephone call from Resivest KLR 0.10 Realty re our Subpoena for records. 01/11/17 Receipt and review of Court's Order on Plaintiffs Motion for BLB 0.10 Extension of Time to Respond to Davis' Motion for Summary Judgment. 01/11/17 Receipt and review of Notice of Mediation. BLB 0.10 01/11/17 Preparation of Correspondence to Julie Oldbury re: mediation. BLB 0.30 01/13/17 Receipt and review of City of Boynton Beach's Motion for BLB 0.50 Summary Judgment. 01/13/17 Receipt and review of City of Boynton Beach's Statement of BILB 0.80 Facts to Motion for Summary Judgment. 01/20/17 Receipt and review of Correspondence from Steve Logan re: BLB 0.20 his client wants to settle case. 01/20/17 Preparation of Correspondence to Steve Logan re: are you BLB 0.10 going to drop case? 01/20/17 Preparation of Correspondence to Julie Oldbury re: Plaintiffs BLB 0.40 offer to settle case and issues regarding same. Page 269 of 675 Client: City of Boynton Beach February 23, 2017 Matter: 16133 - Freeman v. Boynton Beach Page 3 Date Services Attorney Hours 01/20/17 Telephone conference with Steve Logan re: settlement. BLB 0.30 01/23/17 Receipt and review of Correspondence from Steve Logan to BLB 0.50 Tracey DeCarlo re: Plaintiffs suggested settlement. 01/23/17 Receipt and review of Correspondence from Steve Logan re: BLB 0.10 suggested settlement. 01/23/17 Receipt and review of Correspondence from Julie Oldbury to BLB 0.10 Tracy DeCarlo re: need to discuss possible settlement. 01/23/17 Preparation of Correspondence to Julie Oldbury re: BLB 0.20 discussions with Tracy DeCarlo and Steve Logan re: possible settlement. 01/23/17 Preparation of Correspondence to Julie Oldbury re: Plaintiffs BLB 0.20 offer to settle case for $6,500.00. 01/23/17 Telephone conference with Tracey DeCarlo re: settlement. BLB 0.30 01/23/17 Telephone conference with Steve Logan re: settlement. BILB 0.30 01/24/17 Preparation of Correspondence to and from Steve Logan r: BLB 0.20 status of settlement and waiting to hear back. 01/24/17 Receipt and review of Correspondence from Tracey DeCarlo BLB 0.20 re: discussed settlement with Julie Oldbury and good resolution. 01/24/17 Preparation of Correspondence to Steve Logan re: $4900.00 BLB 0.20 settlement offer. 01/24/17 Preparation of Correspondence to Tracey DeCarlo re: BLB 0.20 Plaintiffs offer to settle for $4,999.00 01/24/17 Preparation of Correspondence to and from Steve Logan re: BLB 0.30 clarify amount of settlement. 01/24/17 Preparation of Proposed Stipulation for Dismissal. SWK 0.20 01/24/17 Preparation of Correspondence to Steve Logan re: waiting for BLB 0.20 adjuster to respond to amount of settlement. 01/24/17 Preparation of Correspondence to Julie Oldbury re: confirm SWK 0.30 settlement and request settlement check. 01/24/17 Preparation of Proposed General Release. SWK 0.20 01/24/17 Preparation of Correspondence to Steve Logan re: confirm SWK 0.30 settlement. 01/24/17 Telephone conference with Steve Logan re: settlement. BLB 0.30 01/25/17 Receipt and review of Correspondence from Tracey DeCarlo BLB 0.20 re: confirm settlement of $4,999.00. 01/25/17 Preparation of Correspondence to Steve Logan re: confirm BLB 0.10 settlement of $4999.00 01/25/17 Preparation of Correspondence to Tracey DeCarlo and Julie BLB 0.30 Oldbury re: confirm settlement of $4999.00 and will prepare documents. Page 270 of 675 Client: City of Boynton Beach February 23, 2017 Matter: 16133 - Freeman v. Boynton Beach Page 4 Date Services Attorney Hours 01/25/17 Receipt and review of Correspondence from Steve Logan r: DPC 0.10 W-9 01/25/17 Receipt and review of Correspondence from Tracey DeCarlo BLB 0.20 re: changes to release and signed Stipulation for Dismissal. 01/25/17 Preparation of Correspondence to Steven Logan re: settlement BLB 0.20 documents. 01/25/17 Receipt and review of Executed Stipulation for Dismissal. SWK 0.10 01/26/17 Draft/Revise correspondence to Steven Mautner, DDS, The SWK 1.20 Learning Experience, Doodle Bugs, National Transmission Services, Royal Palm Golf Club, Bright Beginnings and Resolution Medical Services advising case has settled and the records previously Subpoenaed are not longer needed. 01/26/17 Receipt and review of Executed Stipulation for Dismissal. SWK 0.10 01/26/17 Receipt and review of Executed Release. SWK 0.10 01/27/17 Receipt and review of Court's Order of Dismissal. SWK 0.10 PROFESSIONAL SERVICES SUMMARY Code Name Hours Rate Amount BLB Benjamin L. Bedard, Partner 9.50 165.00 1,567.50 DPC Danna P. Clement, Partner 0.60 165.00 99.00 KLR Kathryn L. Reeves, Paralegal 1.20 80.00 96.00 SWK Stephanie W. Kaufer, Associate 2.60 140.00 364.00 Total Professional Services 13.90 _........... --F $2,126.50 Date Description 01/05/17 Subpoena Fees #L.AS-2016016756 RC: Bethesda Hospital re: Freeman - Legal Advocate Services, Inc. 01/05/17 Outside Printing #1612-000412 copies, re: Freeman - Bethesda Hospital East- Health Info. Dept. Total Disbursements Amount 25.00 27.75 Page 271 of 675 Client: City of Boynton Beach Matter: 16133 - Freeman v. Boynton Beach CURRENT ILL TOTAL AMOUNT DUE 2,17.26 Balance Forward: 11,073.41 Payments & Adjustments: -11,073.41 Total e: 2,179.25 Page 272 of 675 =117 F:J = = 11111111111 � 10 0 1 to Roberts, Reynolds, Bedard & Tuzzio, PLLC 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Bill Number: 36456 Bill Date: February 23, 2017 Client Code: 032 Client Name: City of Boynton Beach Matter Code: 16133 Matter Name: Freeman v. Boynton Beach Total Professional Services 2,126.50 Total Disbursements 52.75 CURRENT BILL TOTAL AMOUNT DUE $ 2,179.26 Balance Forward; 11,073.41 Payments & Adjustments: -11,073.41 Total Due: $ 2,179.25 Past Due Balance 0.00 TOTAL AMOUNT DUE $2,17925 Page 273 of 675 ROBERTS, REYNOLDS, BEDARD i 470 ColumbiaDrive, West Palm Beach,Florida 9 Telephone (561)688-6560 Tax 1D No. 65-0004867 City of Boynton Beach February 22, 2017 Attn: Julie Oldbury Bill No. 36349 P.O. Box 310 Boynton Beach, FL 33425-0310 CLIENT: City of Boynton Beach 032 MATTER: Braswell v. Boynton Beach 16497 Claim #NIA BILL FOR FEES AND COSTS THROUGH 01/31/17 -* , Date Services Attorney Hours 12/22/16 Receipt and review of correspondence from Plaintiffs counsel LHR 0.80 Finney re: settlement demand of Jeffrey Braswell with documentation attached thereto, and review of same. 12/23/16 Correspondence to excess carrier representative Christine LHR 0.60 O'Brien re: demand letter for Jeffrey Braswell, discussing same, and potential joint mediation for Braswell and Hill claims. 01/02/17 Receipt and review of e-mail from excess adjuster Christine LHR 0.20 O'Brien re: her agreement with initial analysis as to evaluation of case not reaching six figures and advising of Brit's agreement to joint pre -suit Mediation of Hill and Braswell claims. 01/02/17 Preparation of email response to excess adjuster Christine LHR 0.20 O'Brien re: status of potential joint mediation of Braswell and Hill claims. 01/03/17 Extensive telephone conference with Plaintiffs counsel Linnes LHR 0.20 Finney re: potential Mediation and his agreement with same (total time .40 split between Hill & Braswell). 01/03/17 Preparation of e-mail to excess carrier representative Christine LHR 0.10 O'Brien re: advising Mr. Finney advised he cannot ethically do a joint Mediation of Hill & Braswell claims, however, can agree to conduct both pre -suit mediations the same date (total time .20 split between Hill & Braswell). 01/03/17 Receipt and review of email response from excess carrier LHR 0.10 representative Christine O'Brien re: agreement with both Hill & Braswell Mediations on same date and requesting evaluation report for obtaining additional authority (total time .20 split between Hill & Braswell). Page 274 of 675 Client: City of Boynton Beach February 22, 2017 Matter: 16497 - Braswell v. Boynton Beach Page 2 O Date Services Attorney Hours 01/03/17 Preparation of second email to excess carrier representative LHR 0.10 Christine O'Brien re: will immediately provide requested evaluation report for obtaining additional authority and will so comply (total time .20 split between Hill & Braswell). 01/03/17 Receipt and review of e-mail from Plaintiff's counsel Linnes LHR 0.10 Finney re: need for two separate pre -suit Mediations for Hill and Braswell claims, either on same date or separate dates (total time .20 split between Hill & Braswell) 01/03/17 Receipt and review of second e-mail from Plaintiffs counsel LHR 0.10 Linnes Finney re: pre -suit Mediation. (total time .20 split between Hill & Braswell) 01/03/17 Preparation of email response to Plaintiffs counsel Linnes LHR 0.10 Finney re: acknowledging need for two separate pre -suit Mediations for Hill and Braswell claims and client agreement with same. (total time .20 split between Hill & Braswell) 01/03/17 Receipt and review of email response from excess carrier LHR 0.10 adjuster Christine O'Brien re: pre -suit Mediation (total time .20 split between Hill & Braswell). 01/04/17 Preparation of e-mail to excess carrier representative Christine LHR 0.10 O'Brien re: pre -suit mediation. 01/04/17 Receipt and review of email response from excess carrier LHR 0.10 representative Christine O'Brien re: pre -suit mediation. 01/04/17 Preparation of second email to excess carrier representative LHR 0.10 Christine O'Brien re: pre -suit mediation. 01/04/17 Correspondence to Plaintiffs counsel Linnes Finney re: pre -suit LHR 0.10 Mediation (total time .20 split between Hill & Braswell) 01/04/17 Two telephone conferences with Plaintiffs counsel Finney re: LHR 0.20 pre -suit mediation (total time .40 split between Hill & Braswell). 01/05/17 Telephone conference with Mediator Kevin O'Brien re: potential LHR 0.10 pre -suit mediation (total time .20 split between Hill & Braswell). 01/05/17 Telephone conference with Plaintiffs counsel Finney re: LHR 0.10 pre -suit mediation (total time .20 split between Hill & Braswell). 01/05/17 Preparation of e-mail to Mediator Kevin O'Brien re: pre -suit LHR 0.10 mediation (total time .20 split between Hill & Braswell). 01/05/17 Preparation of Initial Case Evaluation. LHR 2.90 01/06/17 Receipt and review of Notice of Pre -Suit Mediation. LHR 0.40 01/09/17 Correspondence to excess carrier adjuster Christine O'Brien re: LHR 0.20 Notice of Pre -Suit Mediation. 01/26/17 Receipt and review of e-mail from Mediator O'Brien re: LHR 0.20 upcoming Pre -Suit Mediation. 01/26/17 Preparation of email response to Mediator O'Brien re: LHR 0.20 upcoming Pre -Suit Mediation. 01/26/17 Receipt and review of email response from Plaintiffs counsel LHR 0.20 Finney to Mediator O'Brien re: upcoming Pre -Suit Mediation. Page 275 of 675 Client: City of Boynton Beach Matter: 16497 - Braswell v. Boynton Beach 1=191J441• Date ice 01/31/17 Preparation of correspondence to Kevin L. O'Brien, Esq. re mediation summary. February 22, 2017 Page 3 Attorney Hours LHR 1.80 PROFESSIONAL SERVICES Code Name Hours RateAmount LHR Lyman H. Reynolds, Jr., Partner 9.50 165.00 1,567.50 Total professional Services 9.50 $1,567.50 Iliy-INIZ6141711=I1I 1 Date Description Amount 12/22/16 Photocopies 13.80 01/31/17 Photocopies 13.80 Total Disbursements Page 276 of 675 Please return this page with remittance to Roberts, Reynolds, Bedard & Tuzzio, PLLC 470 Columbia Drive, Suite C-1 01 West Palm Beach, Florida 33409 Bill Date: February 22, 2017 Client Code: 032 Client Name: City of Boynton Beach Mafter Code: 16497 Mafter Name: Braswell v. Boynton Beach Total Professional Services Total Disbursements 1,567.50 27.60 CURRENT BILL TOTAL AMOUNT DUE $ 1,595.10 Balance Forward: 0.00 Payments & Adjustments: -0.00 ToW Due: $ I'Snlo Past Due Balance 0.00 TOTAL AMOUNT DUE $1,59C 10 Page 277 of 675 6.E. CONSENTAGENDA 3/21/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 3/21/2017 REQUESTED ACTION BY COMMISSION: Accept the Fiscal Year 2016-2017 Budget Status Report of the General Fund and the Utilities Fund for the four (4) month period ended January 31, 2017. EXPLANATION OF REQUEST: This report summarizes the estimated funding sources and the adopted expenditure budgets for the City's General Fund and Utility Fund for the four (4) month period ended January 31, 2017 (33% of the fiscal year). The analysis compares: • Actual results for the current period to the annual budget • Actual results for the same period of the prior year annual budget HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The annual budget is what provides and controls the resources for City programs and services. FISCAL IMPACT: The annual budget and results to date for the General Fund and Utility Fund. GENERALFUND The General Fund chart above reflects revenue in excess of expenditures (dollars in thousand) yielding a $11M surplus for the period ending January 31, 2017. Revenues & Transfers (Exhibit A) — Budgeted Funding Sources: Property taxes and other revenues provide funding sources of $64.6M or 81% of our total $79AM General Fund budget estimate for FY 2016-17. Transfers from other funds (non -revenues) provide $14.8M or 19% of the total funding sources to balance our $79AM General Fund budgeted expenditures. These three major estimated funding sources are summarized as follows: 1. 40% - $ 31.6M —Property taxes less Tax Increment Financing to the CRA 2. 41% - $ 33.OM —All other revenues plus General Fund Balance 3. 19% - $ 14.8M — Transfers from other funds 100% - $ 79AM — Total funding sources Page 278 of 675 FY 2016-17 FY 2015-16 FY 2017 vs. 2016 Annual Actual to Date Annual Actual to Date Budget Actual Budget Amount % Budget Amount % % % Revenues $ 79,401 $ 46,393 58% $ 76,518 $ 43,280 57% 3.8% 7.2% &Transfers Expenditures $(79,401) $(35,218) 44% $(76,518) $(35,081) 39% 3.8% 0.4% Excess (Deficit) $ - $ 11,175 $- $ 8,199 The General Fund chart above reflects revenue in excess of expenditures (dollars in thousand) yielding a $11M surplus for the period ending January 31, 2017. Revenues & Transfers (Exhibit A) — Budgeted Funding Sources: Property taxes and other revenues provide funding sources of $64.6M or 81% of our total $79AM General Fund budget estimate for FY 2016-17. Transfers from other funds (non -revenues) provide $14.8M or 19% of the total funding sources to balance our $79AM General Fund budgeted expenditures. These three major estimated funding sources are summarized as follows: 1. 40% - $ 31.6M —Property taxes less Tax Increment Financing to the CRA 2. 41% - $ 33.OM —All other revenues plus General Fund Balance 3. 19% - $ 14.8M — Transfers from other funds 100% - $ 79AM — Total funding sources Page 278 of 675 The property tax rate for FY 2016-17 is 7.9000 mills, no change from the prior year; the net property taxes of $31.6M in FY 2016-17 represent an 7.48% increase in property tax revenue or an increase of $2.2M from FY 2015-16. To balance the budget in FY 2016-17, it required transfers from other funds of $14.8M representing 19% of all funding sources. Actual Funding Sources Realized: At the end of the fourth month in FY 2016-17, revenues and transfers realized are approximately $46.39M of the budget estimate compared to $43.28M realized to date in FY 2015- 16. Ad Valorem Taxes, net of discounts and TIF taxes to the CRA, received to date was $26.2M as compared to $24.7M for FY 2015-16, as noted on Exhibit A. Other Revenues: The five major revenue sources (other than property taxes): 1. Franchise Fees realized was $1.6M or 32% actually collected compared to a similar amount of $1.7M or 35% in FY 2015-16. 2. Business Taxes are due at the beginning of the fiscal year. For FY 2016-17, approximately $1.5M or 90% have been collected compared to the FY 2015-16 amount of $1.4M or 93%. 3. State Shared revenues of $2.64M or 30% have been collected in FY2016-17 as compared to $1.28M or 16% received in FY 2015-16. 4. Public Safety revenues at this point collected are $2.5M or 49% received compared to $1.8M or 38% for FY 2015-16. 5. Special Assessment revenues, related to Fire and Rescue, in the amount of $4.77M or 86% have been collected compared to $4.79M or 87% in FY 2015-16. Transfers from Other Funds: Current practice is to transfer 1/12 of the budgeted transfers from other funds each month. This will result in 100% realization of this funding source for the year. Note: if a surplus will be realized in FY2016-17 the Fund Balance transfer amounts will not be required. Expenditures (Exhibit B) Budgeted Expenditures: Overall, appropriations increased approximately 3.8% from $76.5M to $79.4M. The budget increase was due to the cost of doing business, providing funding related to wage increases, equipment and additional personnel. Actual Expenditures - General Fund expenditures for the fourth month period ending January 31 (33% of the fiscal year) are $35.2M which is 44% of the $79AM expenditure appropriation for FY 2016-17. Note: the City's annual pension obligations for General Employees, Fire, and Police are paid in the first month of the fiscal year. The table at the top of Exhibit B displays actual expenditures of $35.2M or 44% of the FY 2016-17 budget. At this point in the fiscal year, FY2016-17 spending levels are $.2M ahead of the $35.OM or 46% expended in FY 2015-16 for this same period. UTILITY FUND The FY 2016-17 annual expenditure budget of $42.24M represents a $27K increase from the FY 2015-16 budget of $42.21M. The operational forecast reflects an estimated increase of $1.2M of the fund balance for FY 2016-17. FY 2016-17 FY 2015-16 FY 2017 vs. 2016 Actual to Date Actual to Date Budget Actual Page 279 of 675 For the four month period in FY 2016-17, • Revenues realized are $14.7M (35%) of the annual budget estimate. • Expenditures incurred are $14.6M (35%) of the annual appropriated budget. This resulted in revenues in excess expenditures which yielded a surplus of approximately $76K. The following provides brief comments on the Utility Fund revenues and expenditures to date. Revenues (Exhibit Q - The $14.69M in FY 2016-17 actual revenues and fund balance reflect an increase compared to the $14.67M in FY 2015-16, because of the following factors: • Water Sales - $7.2M equivalent to 36% of the annual estimate, compared to $6.8M or 35% at this point in FY 2015-16. • Water Service Charge - $329K equivalent to 44% of the annual estimate, compared to $275K or 37% at this point in FY 2015-16. • Sewer Service - $6.2M equivalent to 34% of the annual estimate, compared to $6.11M or 34% at this point in FY 2015-16. Expenditures (Exhibit D) — Utility Fund FY 2016-17 expenditures to date are $14.61 M or 35% of the annual appropriation compared to expenditures of $14.66M or 35% for the prior fiscal year (which excludes depreciation and the joint ventures expenditures). ALTERNATIVES: Discuss this Budget Status Report or request clarification at the City Commission meeting. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description Page 280 of 675 Annual Annual Budget Amount % Budget Amount % % % Revenues $ 42,245 $ 14,688 35% $ 42,218 $ 14,672 35% 0.1% 0.1% &Transfers Expenditures $(42,245) $(11,612) 35% $(42,218) $(14,663) 35% 0.1% -0.3% Excess (Deficit) $ - $ 76 $ - $ 9 For the four month period in FY 2016-17, • Revenues realized are $14.7M (35%) of the annual budget estimate. • Expenditures incurred are $14.6M (35%) of the annual appropriated budget. This resulted in revenues in excess expenditures which yielded a surplus of approximately $76K. The following provides brief comments on the Utility Fund revenues and expenditures to date. Revenues (Exhibit Q - The $14.69M in FY 2016-17 actual revenues and fund balance reflect an increase compared to the $14.67M in FY 2015-16, because of the following factors: • Water Sales - $7.2M equivalent to 36% of the annual estimate, compared to $6.8M or 35% at this point in FY 2015-16. • Water Service Charge - $329K equivalent to 44% of the annual estimate, compared to $275K or 37% at this point in FY 2015-16. • Sewer Service - $6.2M equivalent to 34% of the annual estimate, compared to $6.11M or 34% at this point in FY 2015-16. Expenditures (Exhibit D) — Utility Fund FY 2016-17 expenditures to date are $14.61 M or 35% of the annual appropriation compared to expenditures of $14.66M or 35% for the prior fiscal year (which excludes depreciation and the joint ventures expenditures). ALTERNATIVES: Discuss this Budget Status Report or request clarification at the City Commission meeting. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description Page 280 of 675 D Addendum GF Revenue Financial Report thru Jan 2017 D Addendum GF Expenditures Financial Report thru Jan 2017 D Addendum UF Revenue Financial Report thru Jan 2017 D Addendum UF Expenditures Financial Report thru Jan 2017 REVIEWERS: Department Reviewer Action Date Finance Howard, Tim Approved 3/14/2017 ® 8:42 AM Finance Howard, Tim Approved 3/14/2017 ® 8:42 AM City Manager LaVerriere, Lori Approved 3/17/2017 ® 9:56 AM Page 281 of 675 EXHIBIT A CITY OF BOYNTON BEACH, FLORIDA GENERAL FUND ANALYSIS STATEMENT OF REVENUES - COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended January 31, 2017 (33% of Fiscal Year) S:A FinanceTinancial Repor[sAlonthly Financial Repor[sTY2016-2017ABudget Review - GF - t1uu Jan 17 Swutmrized001 Revenue SummaryRevised Page. 282tOf 675 REVENUES FY 2016-17 FY 2016-17 TO DATE FY 2015-16 FY 2015-16 TO DATE ACCOUNTS BUDGET REVENUE % BUDGET REVENUE % APPROVED $ 38,322,309 REALIZED $ 32,886,287 REALIZED 86% APPROVED $ 35,437,711 REALIZED 30,696,194 REALIZED 87% AD VALOREM TAXES, net LESS TIF TAXES TO CRA 6,682,137 (6,682,137) 100% 5,985,241 (5,985,241) 100% NET TAXES TO THE CITY 31,640,172 26,204,150 83% 29,452,470 24,710,953 84% LICENSES AND PERMITS BUSINESS TAXES 1,656,000 1,493,621 90% 1,545,000 1,437,105 93% BUILDING PERMITS 2,417,000 707,447 29% 2,154,000 712,755 33% FRANCHISE FEES 5,065,000 1,602,084 32% 4,830,000 1,697,860 35% OTHR LICENSES, FEES & PER 218,000 166,310 76% 180,000 169,810 94% INTERGOVERNMENTAL REVENUES OTHER FEDERAL REVENUE 85,000 2,364 3% 130,000 8,654 7% STATE SHARED REVENUES 8,674,000 2,638,655 30% 8,239,000 1,284,791 16% SHRD REV FROM OTHR LCL 310,000 38,432 12% 395,000 59,076 15% CHARGES FOR SERVICES PYMTS IN LIEU OF TAXES 121,300 134,833 111% 121,300 115,727 95% CHRGS-GENERAL GOVT 459,500 141,898 31% 459,000 193,544 42% PUBLIC SAFETY 5,133,816 2,522,855 49% 4,870,949 1,843,606 38% PHYSICAL ENVIRONMENT 20,000 (1,802) -9% 20,000 10,976 55% CULTURE/RECREATION 415,500 143,898 35% 410,500 145,401 35% INTEREST & MISC REVENUE LIBRARY FINES 30,000 5,416 18% 30,000 5,357 18% VIOLATIONS LOCAL ORD. 720,000 232,209 32% 595,000 255,902 43% INTEREST EARNINGS 50,000 27,464 55% 50,000 (9,101) -18% RENTS AND ROYALTIES 368,800 151,867 41% 367,200 125,352 34% SPECIAL ASSESSMENTS 5,541,500 4,771,914 86% 5,541,500 4,794,185 87% SALE OF SURPLUS MATERIAL 2,000 639 32% 2,000 520 26% OTHER MISC. REVENUE 625,000 126,017 20% 233,000 86,373 37% INTERNAL FUND TRANSFERS TRANSFERS 14,842,000 4,947,333 33% 16,442,000 5,480,667 33% FUND BALANCE APPROPRIATED 1,006,726 335,575 33% 450,645 150,215 33% Total Revenues $ 79,401,314 $ 46,393,179 58% $ 76,518,564 43,279,728 57% S:A FinanceTinancial Repor[sAlonthly Financial Repor[sTY2016-2017ABudget Review - GF - t1uu Jan 17 Swutmrized001 Revenue SummaryRevised Page. 282tOf 675 S: TinanceTinancial ReportsAlonthty Financial ReportsTY2016-2017\Budget Review - GF - flim Jan 17 Summarized001 Expenditure Summary Revised Page. 2 GD 3 iof 675 EXHIBIT B CITY OF BOYNTON BEACH, FLORIDA GENERAL FUND ANALYSIS STATEMENT OF EXPENDITURES - COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended January 31, 2017 (33% of Fiscal Year) EXPENDITURES FY 2016-17 FY 2016-17 TO DATE FY 2015-16 FY 2015-16 TO DATE ACCOUNTS BUDGET EXPENDED % BUDGET EXPENDED % APPROVED EXPENDED APPROVED EXPENDED GENERAL GOVERNMENT CITY COMMISSION $ 231,706 $ 102,955 44% $ 260,692 $ 84,099 32% CITY MANAGER 696,119 340,110 49% 675,310 320,273 47% CITY HALL/GEN. ADMIN. 4,039,726 713,746 18% 2,441,639 654,941 27% MARKETING/COMMUNICATIONS 314,841 122,794 39% 234,811 126,136 0% CITY CLERK 605,165 189,841 31% 611,709 232,387 38% CITY ATTORNEY 615,411 173,967 28% 645,944 164,358 25% FINANCIAL SERVICES 1,186,767 470,444 40% 1,175,704 566,195 48% ITS 2,247,432 942,450 42% 1,921,828 853,994 44% HUMAN RESOURCES 806,830 313,171 39% 720,200 290,941 40% PUBLIC SAFETY UNIFORM SERVICES 16,197,211 8,047,990 50% 15,809,178 7,194,895 46% ADMINISTRATIVE SERVICES 3,715,348 1,601,533 43% 5,269,636 2,889,661 0% SUPPORT SERVICES 9,151,124 4,568,318 50% 8,782,483 4,386,691 0% FIRE 21,789,868 10,922,529 50% 22,767,587 11,025,204 48% COMMUNITY STANDARDS 2,191,683 755,689 34% 0 0 0% EMERGENCY MANAGEMENT 22,870 2,071 9% 81,914 5,790 7% BUILDING & DEVELOPMENT DEVELOPMENT 1,091,800 508,598 47% 1,013,150 470,906 46% BUILDING 1,200,588 514,547 43% 1,184,195 488,579 41% ENGINEERING 693,132 278,275 40% 716,777 334,504 47% PLANNING & ZONING 733,234 364,407 50% 757,498 371,957 49% ECONOMIC DEVELOPMENT 231,749 42,702 18% 245,731 86,305 35% PUBLIC WORKS PUBLIC WORKS 223,397 104,896 47% 235,695 105,789 45% FACILITIES MANAGEMENT 1,851,035 565,236 31% 1,541,462 529,131 34% STREETS MAINTENANCE 1,128,602 321,876 29% 1,100,307 420,609 38% LEISURE SERVICES LIBRARY 2,253,461 979,339 43% 2,261,401 1,008,913 45% SCHOOLHOUSE MUSEUM SERV 269,372 117,391 44% 301,653 135,480 45% RECREATION 2,960,081 1,203,412 41% 2,990,094 1,291,773 43% PARKS & GROUNDS 2,952,762 935,124 32% 2,771,966 1,029,263 37% CRA REIMBURSABLE & RESERVES - 14,708 0% - 11,844 0% Total Expenditures $ 79,401,314 $ 35,218,119 44% �$-- 76 518 564 $ 35,080,618 46% S: TinanceTinancial ReportsAlonthty Financial ReportsTY2016-2017\Budget Review - GF - flim Jan 17 Summarized001 Expenditure Summary Revised Page. 2 GD 3 iof 675 EXHIBIT C CITY OF BOYNTON BEACH, FLORIDA UTILITY FUND ANALYSIS STATEMENT OF REVENUES - COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended January 31, 2017 (33% of Fiscal Year) ------------------ $50,000 $45,232 Two Year Cumulative Revenues Comparison and CFY Budget - ($ in thousands) $42,245 $40,000 ,326 ,420 3,718 $30,000 29,821 $25,926 $20,000 22,126 $18,458 $14,688 $14,672 $1.1.,000 $10,000 $10,957 $7,1.75 $3,516 $7,210 $3,570 I I $0 Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Cumulative 2015-16 Actual Cumulative 2016-17 Actual 2016-17 Budget S:\Finance\Financial Reports\Monthly Financial Reports\FY2016-2017\Budget Review - OF - thru Jan 17 Summarized401 Rev Sum Page 284 of 675 REVENUES FY 2016-17 FY 2016-17 TO DATE FY 2015-16 FY 2015-16 TO DATE ACCOUNTS BUDGET REVENUE % BUDGET REVENUE APPROVED $ 20,250,000 REALIZED $ 7,223,869 REALIZED 36% APPROVED $ 19,490,000 REALIZED $ 6,868,136 REALIZED 35 WATER SALES WATER CONNECTION FEE 25,000 7,160 29% 25,000 15,730 63% WATER SERVICE CHARGE 750,000 329,224 44% 750,000 275,125 37 WTR-BACKFLOW PREVNTR TEST 10,000 7,500 75% 5,000 7,100 142 RECLAIMED WATER SALES 60,000 22,780 38% 60,000 19,210 32 SEWER SERVICE 18,500,000 6,228,406 34% 17,988,000 6,180,244 34 STORMWATER UTILITY FEE 3,800,000 1,273,799 34% 3,790,000 1,267,323 33% TELEVISE SEWER LINES 3,500 - 0% 2,500 2,051 82 FEES 15,000 - 0% 10,000 9,368 94 INTEREST INCOME 35,000 (4,222) -12% 40,000 (19,695) -49% SALE OF SURPLUS EQUIP. - 734 0% - 532 0 OCEAN RGE UT TAX ADM CHG 800 158 20% 800 267 33 BAD DEBT RECOVERIES - - 0% 500 - 0 MISCELLANEOUS INCOME 399 0% - 28,252 0% TRANSFER FROM SANITATION FUND -0% - - 0 FUND BALANCE DECREASE (INCREASE) (1,204,004) (401,335) 33% 56,108 18,703 33 TOTAL REVENUES $ 42,245,296 $ 14,688,472 35% $ 42,217,908 $ 14,672,346 35% ------------------ $50,000 $45,232 Two Year Cumulative Revenues Comparison and CFY Budget - ($ in thousands) $42,245 $40,000 ,326 ,420 3,718 $30,000 29,821 $25,926 $20,000 22,126 $18,458 $14,688 $14,672 $1.1.,000 $10,000 $10,957 $7,1.75 $3,516 $7,210 $3,570 I I $0 Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Cumulative 2015-16 Actual Cumulative 2016-17 Actual 2016-17 Budget S:\Finance\Financial Reports\Monthly Financial Reports\FY2016-2017\Budget Review - OF - thru Jan 17 Summarized401 Rev Sum Page 284 of 675 EXHIBIT D CITY OF BOYNTON BEACH, FLORIDA UTILITY FUND ANALYSIS STATEMENT OF EXPENDITURES - COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended January 31, 2017 (33% of Fiscal Year) EXPENDITURES FY 2016-17 FY 2016-17 TO DATE FY 2015-16 FY 2015-16 TO DATE ACCOUNTS BUDGET EXPENDED % BUDGET EXPENDED APPROVED EXPENDED $ 1,778,837 $ 738,551 42% APPROVED EXPENDED $ 1,659,754 $ 714,786 43% WATER DISTRIBUTION PUBLIC WATER TREATMENT 5,402,432 1,980,965 37% 5,691,571 2,064,460 36% METER READING & SERVICES 1,055,863 503,636 48% 1,208,362 467,831 39 WASTEWATER COLLECTION 1,576,241 594,938 38% 1,720,597 664,631 39% WASTEWATER PUMPING STATNS 2,540,321 885,762 35% 2,622,842 965,710 37% SEWAGE TREATMENT 4,405,000 952,017 22% 4,405,000 999,681 23% WATER QUALITY 622,451 228,356 37% 662,894 274,471 41 UTILITY ADMINISTRATION 15,049,432 5,076,060 34% 14,472,294 4,885,283 34% UTILITES ENGINEERING 1,332,692 632,842 47% 1,150,746 539,615 47% STORMWATER MAINTENANCE 957,018 424,672 44% 978,291 386,274 39% CUSTOMER RELATIONS 1,446,521 535,642 37% 1,562,822 640,114 41 DEBT SERVICE 6,078,488 2,058,333 34% 6,082,735 2,059,699 34 Total Expenditures $ 42,245,296 $ 14,611,774 35% $ 42,217,908 $ 14,662,555 35% S:\Finance\Financial Reports\Monthly Financial Reports\FY2016-2017\Budget Review - OF - thru Jan 17 Summariz d401 Exp Sum Page 285 of 675 6.F CONSENTAGENDA 3/21/2017 REQUESTED ACTION BY COMMISSION: Accept the written report to the Commission for purchases over $10,000 for the month of February 2017. EXPLANATION OF REQUEST: Per Ordinance No.01-66, Chapter 2, Section 2-56.1 Exceptions to competitive bidding, Paragraph b, which states: "Further, the City Manager, or in the City Manager's absence, the Acting City Manager is authorized to execute a purchase order on behalf of the City for such purchases under the $25,000 bid threshold for personal property, commodities, and services, or $75,000 for construction. The City Manager shall file a written report with the City Commission at the second Commission meeting of each month listing the purchase orders approved by the City Manager, or Acting City Manager. Below is a list of the purchases for February 2017: Purchase Order Vendor Amount 170421 Ed Morse Cadillac Delray $ 16,695.82 170747 Ferrin Signs, Inc. $ 23,402.50 170749 Martin Fence Co. $ 12,373.00 170761 & 170762 Anzco, Inc. $ 24,950.00 170772 C4 Rents, Inc. $ 13,994.00 170780 & 170781 Mignano Tree Care, Inc. $ 15,410.00 170790 Evoqua Water Technologies LLC $ 19,675.00 170794 (change order) Layne Christensen Company $ 13,650.00 170843 B & H Photo Video Pro Audio $ 11,811.68 170844 Cues, Inc. $ 14,720.00 170845 Neobits, Inc. $ 10,640.12 HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Ordinance No.01-66, Chapter 2, Section 2-56.1 assists departments in timely procurement of commodities, services, and personal property. Administrative controls are in place with the development of a special processing form titled "Request for Purchases over $10,000" and each purchase request is reviewed and approved by the Department Director, Finance Department, and City Manager. FISCAL IMPACT: Budgeted This Ordinance provides the impact of reducing paperwork by streamlining processes within the organization. This allows administration to maintain internal controls for these purchases, reduce the administrative overhead of processing for approval, and allow for making more timely purchases. ALTERNATIVES: None STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: Page 286 of 675 CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type D Attachment REVIEWERS: Department Finance Finance City Manager Description Page 287 of 675 10,000 Backup ® Feb 2017 Reviewer Action Date Howard, Tim Approved 3/7/2017 ® 4:40 PM Howard, Tim Approved 3/7/2017 ® 4:40 PM LaVerriere, Lori Approved 3/13/2017 ® 10:02 AM Page 287 of 675 .s BEACH O r � APPROVED REQUESTS FOR PURCHASES OVER $10,001 FEBRUARY FOR 2017 1. Vendor: Ed Morse Cadillac Delray Purchase Amount: $16,695.82 Requesting t: Public Works Contact ill Darty Date: 2%3/17 Brief Description of Purchase: Original purchase order was in the amount of $6,245.41 and a change order was issued in the amount of $10,450.41 bringing the total purchase order to $16,695.82. This is for repairs made due to an accident involving one of our Fire rescue vehicles, unit 892. Source for Purchase: Three Written Quotes Fund Source: 501-5000-590-09-85 2. Vendor: Ferrin Signs, Inc. Purchase Amount: $23,402.50 Requesting Department: Public Works Contact Person: Glenda Hall Date: 2/1117 Brief Description of Purchase: Replace welcome sign on S. Federal Highway. It was destroyed in an accident. Source for Purchase: Three Written Quotes Fund Source: 001-2512-541-63-06 3. Vendor: Martin Fence Co. Purchase Amount: $12,373.00 Requesting Department: Utilities Contact Person: Jim Hart Date. 2/11/17 Brief Description of Purchase: The fences at Lift Stations #410, 201, 319, and 604 need to be repaired and reinstalled. The fences need to be done due to having to put new gates up. Also one of the gates was hit and needs repair. Source for Purchase: Piggyback Town of Davie Fund Source: 401-2816-536-62-01 #B-12-76 4. Vendor: Anco, Inc. Purchase Amount: $2T9-5000. Requesting Department: Public Works Contact Person: Gail Mootz Date: / /17 Brief Description of Purchase: PO #170761 - $21,130.00: Oceanfront Park - Restroom Refurbishment PO #170762 - $3,820.00: Oceanfront Park - ADA Refurbishment. Source r Purchase: Three Written Quotes Fund Source: 302-4210-572-62-01 - $21,130.00 RP1706 302-4210-572-62-03 - $3,820.00 170 Page 1 Page 288 of 675 15. Vendor: C4 Rents, Inc. Purchase Amount: $13,994.00 Requesting Department: Public Arts Contact Person: Debby Coles-Dobay R. 2/8/17 Brief Description of Purchase: Tent rental for Kinetic Art Event on February 3rd through February 5th. —�, q - �10 0 �- 6. Tendor: Mignano Tree Care, Inc. Requesting Department: Public Works Brief Description of Purchase: PO #170780 - $1,980.00: Tree pruning at Laur- f• !: I O#17081 - $13,430.00: Tree pruning at Ocean Front Park, Source for Purchase: Three Written Quotes r-1 117. M, ; Contact Person: Glenda Hall Date: 2/8117 7. Vendor: Evoqua Water Technologies LLC Purchase Amount: $19,675.00 Requesting Department: Utilities Contact Person: Jim Hart Date: 2/10/17 Brief Description of Purchase: Install and replace the media and carbon in ZA130CS odor control system at Master Station #317. We have an increase in odor complaints from that Master Station. Source for Purchase: Sole Source Fund Source: 401-2816-536-46-51 '*1 i I 001ifil *1 IVA I 1i I Requesting Department: Utilities Contact Person: Chris Roschek F. 2/13/17 Brief Description of Purchase: Layne Christensen Company has discovered scale buildup inside the deep injection well as part of their work. The scale was unforeseen and not part of the original scope of work that was Commission aggroved on 2/7/17. Layne Christensen I recommends that we brush the well to remove the scale and perform a video survey after brushing is completed to document that the scale has been removed. The total cost for this additional work is $13,650 per the attached quote. our consultant, Gerrit Bulman of CH12M Hill, recommends proceeding with this work while Layne Christensen is on site. ; I ��ource for Purchase: Change Order No. 1 Fund Source: 401-2811-536-49-17 W179091JIT07-1mrork Requesting Department: Police Contact Person: Capt. Zeller Date: 2/27/17 Brief Description of Purchase: This is for the purchase of various nightvision/thermal/optical sensors, networking components, and storage devices. These items were in the approved budget to help modernize and bring our surveillance equipment into legal compliance. These will be used in new and existing plafforms for major investigations. Source for Purchase: Three Written Quotes Fund Source: 001-2112-521-52-51 - $9,997.68 001 -2112-521-64-15 - $1,814.00 Page 2 Page 289 of 675 I 1 nor: Cues, Inc. PurchaseAmount: $14, Requesting Department: Utilities Contact Person: Pat Franklin Date: 2127117 Brief Description of Purchase: This machine will be used to TV service laterals. This is a second unit so that we can do twice the amount of work with multiple crews. This system is compatible with the current TV equipment that we currently have. The sewer system is getting older and needs more work which this machine will help us to locate the issues. '.. - f .. a 11. Vendor: Neobits, Inc. Purchase Amount. $10,640.12 Requesting Department: Police Contact Person: Capt. Zeller Date: 2127117 Brief Description Purchase; This is for the purchase of 5 new computer based cameras. These cameras will replce old outdated models for multiple investigative surveillance platforms. Source for Purchase: Three Written Quotes Fund Source: 001-2112521-64-15 Page Page 290 of 675 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 P.O. #: 170421 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 101201IG �_ �DTDlwp-'#_'v=umnv4j-,m SHIP TO: 2131 City of Boynton Beach PUBLIC WORKS DEPARTMENT 222 N.E. 9TH AVENUE BOYNTON BEACH, FL 33435 2 2716.29 3 6868.08 4 523.49 5 342.55 UOM ITEM NO. AND DESCRIPTION UNIT COST CHANGE #: CHANGE ORDER 7p,-7 -Hc-: 2 3.i17 DL CHANGE ORDER:. -I:. SUPPLEMENT .1 1.0000 DL sm CHANGE ORDER I -.:SUPPLEMENT: 1.0000 DL CHANGE ORDER 1 SUPPLEMENT 3 .....1.0000 DL CHANGE ORDER 1 SUPPLEMENT :4 1.0000 REMARKS:.'. -ACCIDENT :'REPAIR TO: RIGHT SIDE OF FIRE Z14 :.10.16 CHEV :C.1500 4X2 siLv2p_Apo.. CREW.. V111 #1GNSKFKClGP,120.934 QUOTE #22A7F.648 . 2/3/17. CHANGE:ORDER I INCREASE PO $10,450.41 2716.29 6868.08 523.49 342.-55 IN - �1111111 0 I'm L'Lw_mZwrj 00] w0l, ri'v I ACCOUNT NO. PROJECT 501-5000-590.09-85 _( 4 J, 6 cd PURCHASING Page 291 of 675 RequestIngp>, Daq 'This Is b,'reTalmK; ! to an accident # aR order ii # -# t c � Recommended y, , g; „ Ed Morse Cadillac SOUMO for se chock and attach backup materlats), Three WrMen `, ,� a #. ons ` GSA Sole SOUM Piggy-Seck Budgeted EmwWcy Purchase Other Contract Number .y f A r papoad Rw pumhose MM be 'r ,F In the same ddd + + ,S,F wffidn #w w ' Page 292 of 675 Krasnoff, Leah From: Roberts, Christine Sent: Tuesday, January 31, 2017 8:51 AM To: Krasnoff, Leah Cc: Greco-Arencibia, Adrianna; Darty, Bill Subject: FW: PO #170421 Increase Importance: High Good Morning, Christine Roberts Assistant Public Works Director Public Works, Administration City of Boynton each 222 NE 9th Ave. j oynton each, Florida 1%. 561-742-6203 APPROVA E3 Robe rtsC@ bbfLus Q http://www,boynton-beach.org/ q,5. q q-5 0 America's Gateway to the Gulfstream ---7§- 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, L TO: Roberts, Christine Subject: PO #170421 Increase Importance: High Chris, Please approve an increase in the amount of $10,450.41 to the above PO per Bill's request below. The origina[ amount of the PO was $6,245.41 for a total of $16,695.82. Thank you P Page 293 of 675 Date n 6; ace Dep t r E3 Robe rtsC@ bbfLus Q http://www,boynton-beach.org/ q,5. q q-5 0 America's Gateway to the Gulfstream ---7§- 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, L TO: Roberts, Christine Subject: PO #170421 Increase Importance: High Chris, Please approve an increase in the amount of $10,450.41 to the above PO per Bill's request below. The origina[ amount of the PO was $6,245.41 for a total of $16,695.82. Thank you P Page 293 of 675 Adrianne Greco-Arencibia Administrative Assistant Public Works / Solid Waste City of Boynton each 222 N.E. 9th Ave- I Boynton each, Florida 33435 t. 561-742-6596 18 56.1-742-6211 63 Greco-ArencibiaA@bbfl.us 1 0 http://www.boynton-beach.org/ 1317, Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject f -e, your e-mail communication and disclosure. Under Florida records law, ema if addresses are public records, Therefoi your e-mail address may be subject to public disclosure. From: Darty, Bill Sen%%ar;gj�a �. p?FT,;iWJJqKNgj WI To: Greco-Arencibia, Adrianna Subject: RE: PO increase f7If&d_ft FCfI Ler-TITMIFT-11 ere Inaue ana-Ten icioRz as roau tested. William Darty Fleet Administrator CAFM • Public Works, Fleet Maintenance City of Boynton each Boynton each, Florida 33435 561-742-6215 DartyW@bbfl.us 1 0 http:Hwww, boyn ton -beach, org/ 13 n Please beady[�� disclosure. Under Florida records law, email addresses are public records. Therefore, your e-mail communication your e-mail address may be subject to public disclosure. 501W. r ionaay, MI—n—Dary-7u; 7017 3:42 Rif To: Darty, Bill Subject: RE: PO increase K Page 294 of 675 Administrative Assistant Public Works / Solid Waste City of Boynton Beach 222 N.E. 9th Ave. I Boynton Beach, Florida 33435 o: 561-742-6596 1 f. 561-742-6211 Like as an FBI From: Darty, Bill Sent: Monday, January 30, 2017 12:21 PM Subject: PO increase Thank you, Bill 74illiam Darty Fleet Administrator CAFM Pubtic Works, Fleet Maintenance City of Boynton Beach I Boynton Beach, Florida 33435 o: 561-742-6215 Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclasure.Under Florida records low, email addresses are oublic records. Therefore- wyrr P-i"i Page 295 of 675 /) olt�Al Cr Maw &an ED MORSE CADILLAC 2300 S FEDERAL HWY, DELRAY BEACH, FL 33483 Phone: (561).27.6-2441 low DELRAY 11311ACH 177'r*' "T T 1, 1 M"' Customer. CITY OF BOYNTON BEACH Written BY: Dennis Ruggiero Insured, CrrY OF BOYNTON BEACH Pdicy #: Type of Loss, Date of Lzm- Point of Impact. 01 Right front 0171111 N, Wri'Trilrihill 11 1 "I'll 222 NE 9TH STREET BOYNTON BEACH, FL (561) 742-6208 Day VIN: 1GNSKFKC1GR120934 Ucense'. State: Overdrive 4 Wheel Drive POWER Power Steering Power Brakes Power Windows Power Locks Power Mirrors Heated Mirrors Power Driver Seat Power Passenger Seat DECOR Dual Minrors Privacy Gass Inspection Location: ED MOPSE CADILLAC 2300 S FEDERAL HWY U QFjjR%-9=-K- L Repair Facility "561) 276-2441 Buslnm& " " DIlk : . - . CONVENIENCE Air Conditioning Tilt Wheel Crum ( control A r Der7 ger ss e try :ruj Rear Defogger L Keyless Entry Ajarm Message Center Rear Window Wiper Climate Control Dual Air Condition Badwp Camera w/Parking Sensors RADIO AM Radio FM Radio ' Akr Workfile 10* 6Sb9ebcl Fe&"[ ID: 590556323 �7 Mileage in. 81237 Mileage Out CDndftn' Stereo SeaWSeiek CD Player SA Drivers Side Air Bag Passenger Ar Bag Antl-Lock Brakes (4) 4 Wheel Disc Brakes Traction Control Stability Contrd Head/Qrtain Air Bags Communications System Hands Free Device Positraction M -P; SEATS cloth seats Redirling/Lounge Seats 3rd Raw Seat WHEELS Styled Steel wheels PAINT Meta lic Paint -rhree Stage Paint TRIXK Trailer Hitch Trailering Package 1/27/2017 1,28:40 PM 011801 Nge I Page 296 of 675 Supplement of Record 1. Sum mary Customer., CITY OF BOYNTON BEACH 2016 CH EV Tahoe Cornnvrdal 4WD (Fleet) 4D UTV 8-5.31- Flex Fuel Direct Injection RED Lire Add for Clear Coat 5 # Oper Description Part Number Qty Extended Labor Paint Repi RT OUTER BRACKET PART Price Chan9W Items 2 Repl Bumper cover w/o parka 23320625 1 Ind. 3 <> Sol Pep] Bumper cover w/o pu* asst 23320625. 1 603.93. Ind. 2.9 20 Repi RT Headlamp aW w/o 1-11D 23490006 1 zimm -015 - lamps is SOI R RT Headlamp assy w/o HID 23490006 1 Mm Ind. lamps 25 Sind Hood zu 21 Sol Blnd Hood 1.7 31 R&I RT RW mirror A3 27 501 R&I RT RAI mirror 0.4 32 R&I RT Handle, outside paint to match w/o passive 28 501 R&I RT Handle, outside paint to OA match W/o passive 36 Repl Wr Fender liner Tahoe w/o 271 228 317 1 -13m, Ind. pkg 42 Sol Repi RT Fender liner Tahoe w/o Z71 22806317 1 99.97 Ind. pkg 37 Repl RT Fender Tahoe 22756424 1 &UM -14 4.3 Sol Repi RT Fender Tahoe 22756424 1 mm 2.4 2.2 38 Overlap Major Non-Adj. Panel 0.2 44 Sol Overlap Major Adj. Pa neA -0.4 45 Repi RT Lower cntri arm W/o Pollce 22853474 1 --IZS--4A m -115 M pkg 58 SOL Rep[ RT Lower cntrl arm w/o Police 22853474 1 228.70 m 1.5 M pkg so Rpr RT UnIside assy s :61a 72 SOL Ror RT Uniside asst' 5 5.4 51 Overlap Major Non -A0. Panel 0.2 73 Sol Overlap Major Adj. Panel -0.4 53 # Refn BASE COAT DEDUCTION 12 75 # SOL Refin BASE COAT DEDUCnON -4.0 58 # Repi RT FRONT TIRE BRIDGESTONE DUELER 225-70-17 5110 80 # S01 Repi RT FRONT TIRE BRIDGESTONE 1 181.12 DUELER 225-70-17 SLID 1_• � � �T- 4 Add for Clear Coat 5 # Repi RT INNER BRACKET PART 84029774 6 Repi RT Bumper cover guide 7 Repi RT OUTER BRACKET PART -76.92 22806323 1 -63.48 Ind. W* 1/27/10171 :28:40 PM 0118.01 Page 2 Page 297 of 675 Customer.'CnT OF BOYNTON BEACH Sol 8113 Add for Clear Coat 5 2016 CHEV Tahoe Commercial 4WD (Fleet) 4D UTV 8-5.3L Flex Fuel Direct Injection RED Lower molding Wo adaptive 27.90 229365OO 1 cruise w/o tow hook 6 Sol #84029811 Air deflector w/o Police pkg 7 Sol Repi 8 # Repi RT BKEr PART #22757264 l -3833 -03 R&I 9 10 Repi Air deflector w/o Police pkg 22936501 1 11 Ind. Repi 10 12 Repi RT Aller panel 22936500 1 13 Ind. Repl 11 # Sol ADD FOR CLEAR 1 41 12 # Repi RT SUPPORT BRACE PART 1 -45.40 -012 Overlap Major Non-Adj. Panel 31 Sol #22757268 Add for dear Coat 33 RADIATOR SUPPORT 34 13 # R&I 5 PLATE Sol -0.2 36 14 # Repi BUMER FILLER W/O SKID 1 -295.00 -0A PLATE PART #840029800 15 # R&I FILLER PANEL -012 16 # Repi GPJLLE W/O BODY COLOR 1 -695.60 PART* 84103228 17 Rept INNER GRILLE PART # 84025050 1 -72.22 lnd� 19 # OVERLAP MAJOR ADJ. PANEL 1 0.2 20 * ADD CLEAR AT a w0.2 34 # Repi RT NAMEPLATE SILV 1 -42.90 -0.3 40 Add for Clear Coat 42 # Repi RT FENDER LINER BRACKET 1 -8.3.73 23343215 43 R&I RT DIAGONAL BRACE REAR -0.1 44 # Repl RT PRO OR PART # 1 -13.75 ind� 22801019 47 # Subi Four wheel alignment 1 -69.95 53 - Add for Clear Coat -13 4 Sol 8113 Add for Clear Coat 5 S01 Repi Lower molding Wo adaptive 27.90 229365OO 1 cruise w/o tow hook 6 Sol Repi Air deflector w/o Police pkg 7 Sol Repi RT Outer molding black 8 Sol RBI LT Filler panel 9 S01 R&I LT Outer molding black 10 Sol Rept RT Filler panel 11 S01 Repi RT Bumper cover guide 12 Sol Rept RT Bumper cover brace 13 S01 Repl Impact bar 19 Sol Repi Grille assy w/o Z71 pkg w10 chrometriserts 29 501 Rpr RT Door shelf Tahoe & Yukon 30 Sol Overlap Major Non-Adj. Panel 31 Sol Add for dear Coat 33 RADIATOR SUPPORT 34 Sol Repl Radiator support 35 Sol Aim distance sensor 36 Sol Evacuate & recharge 37 Sol Add for trans cooler 1/27/2017 1:28.40 PM 22936495 1 8113 22936501 1 109.97 2293W7 1 27.90 229365OO 1 36.70 063 8063. 1 12.48 22829664 1 16.93 23195058 1 436.85 23320679 1 612.85 434.32 m m m Ind. 03 Ind. 1.1 2.1 -0.2 m Page 3 Page 298 of 675 Customer: CM OF BOYNTON BEACH Yukon 94 2016 CHEV Tahoe Commercial 4WD (Fleet) 4D UTV 8-5.31- Flex Fuel Dir ectInjection RED Cowl grille Tahoe 95 STEERING GEAR & LINKAGE 38 S01 R&I Sight shield R&f RW gear assy 97 Sol 39 Sol Rept Mount panel 23266739 1 56033 Ind. 40 Sol Add for s hutter Muffler & pipe all 100 m 0.3 45 Sol Add fbr Clear at # S01 Rep[ Corrosion protection 0.4 47 S01 Rep) RT Fender reinforcement 22814873 1 6,33 0.1 48 Sol Rep] RT Fender. brace 23115310 1 49 ELECTRICAL So Sol Pep] Front brace 22829070 1 13.40 51 Sol R&I Battery m Ind. 52 S01 Repl Battery tray 23327400 1 91,68 Ind. 53 # Sol Rpr wire repair 2.0 M .54 # S01 R&I rt running board strobe lighting 2.0 55 REAR SUSPENSION 56 SO I R&I R&I ayJe housing as an assy m 2.2 59 S01 Repl RT Knudde w10 Police pkg 22842315 1 21.95 m 2.0 M 60 Sol Wheel alignment check rear m 0.5 alFgnment 61 Sol Deduct for Overlap -0.6 M 62 S01 Rept RT Caliper 23290150 1 m 0.8 M 63 Sol Bleed brake m m 0.5 M 64 Sol Deduct for Overlap -0.2 M 67 COOUNG 68 S01 Repi Reservoir tank 22856231 1 51.97 0.4 69 Sol R&I Radiator all m Intl. 70 Sol R&I R&I shroud as an assy m Ind. 74 Sol Add for Clear Coat 1.0 85 ENGINE 86 S01 Repi Air cleaner assy plate 23114339 1 42.62 87 S01 Repi Air cleaner assy bracket 22738662 1 15.42 88 AIR CONDITIONER & HEATER 89 Sol R&I Condenser assy m Ind. 90 COWL 91 Sol Rpr Dash panel 92 S01 R&I Insulator cabin 93 501 RW Insulator engine room Tahoe & 1f27/2017 1:28:40 PM 011861- 0.5 m 1.7 -0.2 m 1 3.00 1 15-00 1 5.00 1 115.00 T ZZ M Page 4 Page 299 of 675 Yukon 94 Sol R&I Cowl grille Tahoe 95 STEERING GEAR & LINKAGE 96 Sol R&f RW gear assy 97 Sol Deduct for Overlap 98 EXHAUST SYSTEM 99 Sol R&I Muffler & pipe all 100 # S01 5 Hazardous waste removal 101 # S01 Rep[ Corrosion protection 102 * 501 Repl Flex additive 103 # S01 Subi TOW 1f27/2017 1:28:40 PM 011861- 0.5 m 1.7 -0.2 m 1 3.00 1 15-00 1 5.00 1 115.00 T ZZ M Page 4 Page 299 of 675 TOTALS SUMMARY Basis Rate cost Paid . 92:2,49 Body Labor 26.0 Lira 0 $ 42.00 it 1,092.00 Paint Labor 1:8 hrs @ $ 42.00 /hr 75.60 Mechanical Labor 5,2 hrs 0 $ 90.00 /hr 468.00 Paint Supplies 1.8 h $ 24.00 /hr 43.20 Miscellaneous 1154 Subtotal 2,715.29 Total Supplement Amount 2,716.29 NET COST P SUPPLEMENT r s E r r DennisCUMULATIVE EFFECTS OF SUPPL.EMENT(S) Estimate 6,24541 ., t Supplementr Ruggiero Job Total: �.. ABOVEINSURANCE PAY. THE T BASED OOUR INSPECTION ANY DOES O COVER ANY ADDMONAL PARTS OR LABOR WHICH MAY BE REQUIRED AFTER THE O, HAS BEEN OPENED UP. BECAUSE OF THIS THE ABOVEPRICES NOT GUARANTEED, ANDARE,a IMMEDIATE ACCEPTANCE PROMISE TIMES ARE ESTIMATED ONLY AND ARE NOT GUARANTEED. R 1/27/2017 1.28:40 PM 011801 Page Page 300 of 675 Insured: CITY OF BOYNTON BEACH Policy #'. claim #: Type of Loss* Date of Loss: Days to Repair. 0 Point of Impact., 01 Right Front 222 NE 9TH STREET BOYNTON BEACH, FL (561) 742-6208 Day inspection Location - ED MORSE CADILLAC 2300 S FEDERAL HWY D RLUYLAIAIU��_ U971 Repair Facility (561) 276-2441 Business Insurance Company* 11011WT11"•. 2016 CHEV Tammerdal 4WD (Fleet) 4D UTV 8-5.31. Flex Fuel Direct Injection RED VIN, IGNSKFKCIGRI20934 Interior Color: Mileage in: 8,23.7 Vehicle Out: License'. Exterior Color., RED Mileage Out. State. Production Date: Condition: Job 9: TRANSMISSION CONVENIENCE Stereo SEATS Automatic Transmission Air Conditioni" Search/Seek aoffi seats Overdrive Intermittent Wipers CD Player Redining/Lounge Seats 4 WheeJ Drive Tilt Wheel Auxiliary Audio Connection 3rd Row Seat POWER Cruise Control SAFETY WHEELS Power Steeiring Rear Defbgger Drivers Side Air Bag Styled Sted Wheels Power Brakes Keyless Entry Passenger Air Bag PAINT Power Windows Alarm Anti -Lock Brakes (4) Metallic Paint Power Locks Message Center 4 Wheel Disc Bra kes; Three Stage Paint Power Mirrors Rear Window Wiper Traction Control TRUCIC heated Mirrors al to Control Stability Control Trailer Hitch Power Driver Seat Dual Air Condition Front Side ImpW Air Bags. Trallering Package Power Passenger Seat Backup Camera w/Parking Sensors Head/Cuttain Air Bags Running Boards/Side Steps DECOR RADIO Communications System Dual mirrors AM Radio Hands Free Device Privacy Glass FM Radio Positraction Get live updates at �8mw.carw!sE.com/e/36Ehve 1/27/2017 1-28:42 PM Pap I Page 301 of 675 , Supplement of Record 2 Summary Customer: CM OF BOYNT40N BEACH 2016 CHEV Tahoeci l 4WD (Meet) 4 -$.3L Flex. Fuel Direct Injection SUPPLEMENT SUMMARY Line Oper Desaiption Part Number QW Extendedr Paint Price Changed Items 55 1 R&I R&I axle housing as an assy m -2.2 58 S02 R&I R&I axle housing as an assy m Incl. 58 S01 Repl RT Knuckle /o Police pkg 22 42315 1 -121.95 rn -2.0 M 62 S02 Repl RT Knuckle w/4 Police pkg 22842315 1 121.95 m incl. M 59 Sol Wheel alignment dieck rear m . alignment 502 Wheel alignment check rear m alignment 5 S01 R&I R&I gear assy m -1.7 103 S02 R&I R&I gear asisy m Incl. Deleted Iterns 65 FRAME 66 * Rpr Frame assy ItemsAdded 14 S02 Rept RT Blank cover fog lamp 22936498 1 31.82 Incl. 1B # S02 Rpr modify lamp for strobe light 0.5 61 * S02 /H front suspension both sides m ILS 8 S02 Repi RT Hub & beating 23356814 1 287.38 m Incl, 69 FRAME 70 S02 Repl Frame assy 23363059 1 2;963.15 33.0 M 71 S02 Refrigerant recovery m 0.4 72 S02 Add for trans cooler lin 0.4 * 502 Repl Air cleaner asst' 23192713 1 m Incl. 105 502 Repl RT Outer tie rod 22 912 1 103.05 m 0.5 106 S02 Deduct far Overtap -0.2 113 WHEELS 114 S02 Repl RT/Front Wheel, allay 17" e: 20942019 1 245.00 in 0.3 R06 115 # S02 Sub! mournand balance rt front wheel 1 15.00 T and tire 116 S02 Repl TPS sensor valve .15263240 1 10.37 117 # S02 Repl coolant 1 15.90 118 # S02 Rep( BRAKE FLUID 1 9.14 119 # S02 Repl TRANS FLUID 1 9.74 120 # S02 R&I EXTERIORLIG NG 4:0 M 121 # S02 Sul Four wheel aNgnment 1 605 SUBTOTALS 3,8861.08 31.0 0.0. 1/27/2017 1:28:42 PM 011601 Page 2 Page 302 of 675 Supplement of Record 2 Summary Customer: CITY OF BOYNTON BEACH 2616 CHEV Tahoem r i ! 4WD ( 4D .UTV 8-5.31- Flex Fuel Direct Injecdon RED 70 Amount am 'y ri ID- 253513 11363328 SupplementCUMULATIVE EFFECTS OF SUPPLEMENT(S) Estimabe 6,245.41 Dennis Rugg] 0Dennisgg' Supplement S02 6,868.08 Dennis Rugg, 3ob Totak IS,829.78 INSURANCE. PAY. 15,829.79 ABOVETHE AN y. BASED Oi OUR INSPECrIONR DOES NOT COVER ANY ADDITIONAL PARTS OR LABOR WHICH MAY BE REQUIRED AFTER THE WORK HAS BEEN OPENED UP. BECAUSE OF THIS THE ABOVE PRICES ARE NOT N FOR IMMEDIATE A - ONLY, PROMISE TIMES ARE ESTIMATED ONLY AND ARE NOT GUARANTEED. 5; WARRANTY. ON l 1/27/20171:28:42. PM 011801 Page 1 Page 303 of 675 ITAil " 222 NE 9TH STREET BOYNTON BEAQi, FL. (S61) 742.6208 Day inspection Location: ED MORSE CADILLAC 2300 S FEDERAL HWY Repair Fadlity, (561) 276.2441 Business 1/27/2017 1-.28:44 PM 011801 pap I Page 304 of 675 VEHICLE 2016 CHEV Tahoe Commercial 4WD (Fleet) 4D UTV 8-5.31. Flex Fuel Direct Injection RED VIN'. IGNSKFKCIGRI20934 Interior Color, Mileage In., 8,237 Vehicle Out: Ucense'. E4erjor Color: RED Mileage Out,. State: Production Date: Condition: Job #: TRANSMISSION CONVENIENCE Stereo SEATS Automatic Transmission Air Conditioning Search/Se.ek Cloth Seats Overdrive Intermittent Wipers CD Player RecUning/Lottrige is 4 Wheel Drive Tit Wheel Au)dfiary Audio Connection 3rd Row Seat POWER Cruise Control SAFETY WHEELS Power Steering Rear Defogger Drivers Side Air Sag Styled Steel Wheels; Power Brakes Keyless Entry Passenger Air Bag PAINT Power Windows Alarm And -Lock Brakes (4) Metallic Paint Power Locks Message Center 4 Wheel Disc Brakes Three Stage Paint Power Mirrors Rear Window Wiper Traction Control TRUCK Heated Mirrors Climate Control Stability Control Trailer Mitch Power Driver Seat Dual Air Condition Front Side Impact Air Bags Trallering Package Power Passenger Seat Backup Camera w/Parking Sensors HeadArtain Air Bags Running Boards/Side Steps DECOR RADIO ODmmunicatlons System Dual Mirrors Am Radio Hands Free Device Privacy Glass FM Radio Positrattion 1/27/2017 1-.28:44 PM 011801 pap I Page 304 of 675 Supplement 2016Customer: Crff OF BOYNTON BEACH Tahoerime al 4WD(Fleet) 4D IJTV 8-5.3L Flex Fuel Direct Injection RED Une Oper Description Pait Mumber Extended Labor paint Body Labor 0.2 hrs @ $ 42.00 /hr Pri4.; -:. 3.2 hrs @ Changed Iterns 134.40 Palm Supplies 3.2 hr 24m /hr 7:30. 22 51 Bind -1.7 2. 23 3 Deleted 4 Sol Add for Clear Coat -1.1 33 Sol Add for Clear Coat -0.4 47 501 Add for Clear Coat -0.4 80 Sol Ada for Clear Coat -3 A Added nerns 2.0 4 S03 Add for Stage . a 33 503 Add for Three Stage 0 4.7 47 503 d ` 'Thr 57 503 Repl Fuse tare cover 23190335 1 9,46 0.2 74 503 Repi 8T Mount cushion b 1 23248.394 1 82.13 75 S0 LT Mount cushion pcotion 1 23248394 1 82.13 76 03 Rel 8T Mount cushion front 22825456 1 78.48 Z.0 4 3 d Thr a lD6 S03 Kepi RT End cap'rahoe 22799550 1 20.52 Intl. 118 S03 Repi RT Converter & pipe seal 150773Q 1 1.6.70 128 # S03 Repi FRAME BOLTS PART# 11612148 2 9.70 12.9 503 Paul FRAME . BOLT P T,#,11546 0 1 4.77 SUBTOTAL -5303.89 3.2 TOTALS SUMMARY oasis Rate cost $ 303-89 Parts Body Labor 0.2 hrs @ $ 42.00 /hr 8.40 Paint Labor 3.2 hrs @ $ 42.00 /hr 134.40 Palm Supplies 3.2 hr 24m /hr 7:30. 523.49 Subtotal 253513084411363326 1/27/20111:28:44 PM 011801 Page 2 Page 305 of 675 Supplement of Record 3 Summary Customer., CrtY OF BOYNTON BEACH 2016 CHEV Tahoe Commercial 4WD (Fleet) 4D UTV 8-5.3L Flex. Fuel Dired.InjL-.on RED Estimate 6,245.41 Dennis Ruggiero Supplemeat S01 2,716.29 Dennis Ruggiero Supplement W2 6,868.08 Dennfs Ruggiero Supplenwnt S03 523.49 Dennis Ruggiero 3ob Tat T. $ ISF351.27 F-NSURANCE PAY. $ 16,353.27 THE ABOVE IS AN ESTIMATE BASED ON OUR INSPECTION AND DOES NOT COVER ANY ADDITIONAL PARTS OR LABOR WHICH MAY BE REQUIRED AFFER THE WORK HAS BEEN OPEN . ED UP. BECAUSE OF THIS THE ABOVE PRICES ARE NOT GUARANTEED, AND ARE FOR IMMEDIATE ACCEPTANCE ONLY. PROMISE -FIMES. ARE ESTIMATED ONLY AND ARE NOT GUARANTEED. WARRANTY ON RUST REPAIRS************** lw • ---------- 1/27/2017 1-28:44 PM 011801 Page 3 Page 306 of 675 Insured- CrTY Of BOYNTON BEACH Policy #: Claim #.- Type of Low. Date of ys to Repair: 0 Point of Impact: 01 Right Front Owner: ICK 222 NE 9TH STREET BOYNTON BEACH, Fl. (561) 742-6208 Day Ingwetion Location: ED MORSE CADILLAC 2300 S FEDERALHWY 2016 CH EV Tahoe Commercial 4WD (Fl t) 4D Lnv 8-5-31L Flex Fuel. Direct Injection RED VIN: IGNSKFKCIGRI20934 Interior Color: Mileage In: 8,237 Vehicle Out: License; Exterior Color: RED Mileage Out: State: Production Date: Condition, Job TRANSMISSION CONVENIENCE stem SEATS Automatic Tran smisslon Air Conditioning Search/Seek Goth Seats Overdrive Intermittent Wipers CD Player Redining/Lounge Seats 4 Wheel Drive Tilt Wheel Auxiliary Audio Connection 3rd Row Seat POWER Cruise Control SAFETY WHEELS Power Steering Rear Defbgger Drivers Side Air Bag Styled Steel wheels Power Brakes Keyless Entry Passenger Air Bag PAINT Power Windows Alarm Anti-bokI Brakes (4) Metallic Paint Power Locks Message Center 4 Wheel Dist Brakes Three Stage Paint Power Mirrors Rear Window Wiper Traction Control TRUCK Heated Mirrors Climate Control stability Control Trailer Hitch Power Driver at Dual Air Condition Ft Side Impact AJr Sags Trallering Package Power Passenger Seat Backup Camera w/Parking Sensors Head/Curtain Air Bags Runninrds/Side Steps DECOR RADIO Communications System Dual Mirrors AM Radio Hands Free Device Privacy C4ass FM Radio Positraction 1127/2017 1-,28:39 PM 011801 Page I Page 307 of 675 preliminary Supplement 4 Sumnaary Customer: CM OF BOYNTON BEACH SUPPLEMENT SUMMARY Une Oper De=dptlon Part Number Q tV Extended LAbor Paint ladc.0 Added 1tom 130 E4 gin; Repl LT/Front Wheel, alloy 17" code* RD6 131 SO4 Subl! MOUNT AND BALANCE 20942019 1 245.00 rn 0.3 132 SO4 Subi Four wheel alignment 1 69,95 NOTE, 2ND ALIGNMENT IS TO DUE TO FINDING LT FRONT WHEEL BENT AFTER TRUCK WAS ALIGNED CUASIPA; TRUCK TO DPJFT TO RT SUBTOTALS 320.95 0.3 0.0 TOTALS SUMMARY Categmy Basis Rate Cod$ Parts 314.95 0.3 hrs 0 $ 42.00 /hr 12.60 Miscellaneous 1540 subtotal 342.5S Total Supplement Amount 342.55 R%%zUzAMT= Est[mate 6,245.41 Dennis Ruggi Supplement S01 Z716,29 Dennis Ruggi Supplement S02 6,868'08 Dennis Ruggi Supplerneryt S03 523.49 Dennis Ruggiell- Supplement $04 342.SS Dennis Ruggle 3ob Total: INSURANCe PAY: THE ABOVE IS AN ESTIMATE BASED ON OUR INSPEC11ON AND DOES NOT COVER ANY ADDITIONAL PARTS OR LABOR WHICH MAY BE REQUIRED AFFER THE WORK HAS BE . EN OPENE . D UP. BECAUSE OF THIS THE ABOVE PRICES ARE NOT GUARANTEED, AND ARE FOR IMMEDIATE ACCEFFANCE ONLY. PROMISE TIMES ARE ESTIMATED ONLY AND ARE NOT GUARANTEED. WARRANTY ON RUST REPAIRS************** ---------------- 253513084411363328 1/27/2017 1:28:39 PM 011801 Page 2 Page 308 of 675 Insured: CITY OF BOYNTON BEACH Type of Loss: Point of Impact: 01 Right Front Owner, 222 NE 9TH STREET BOYNTON REACH, FL (561) 742-6208 Day Policy #1* Date of Loss: Inspecdon Locaton: ED MORSE CADILLAC 2300 S FEDERAL HWY 1/27/2017 1:2138 PM 011801 Page I Page 309 of 675 VEHICLE 2016 CH EV Tahoe Commercial 4WD (Fleet) 4D UTV 8-5.31 Flex Fuel Dir ect:Ind cdon RED VIN., IGNSKFKCIGRI20934 Interior Color, Mileage In: 8,237 Vehicle Out. License, Exterior Color. RED Mileage Out; State, Pmductlon Date: Condition: Job #: TRANSMISSION CONVENIENCE Stereo SEATS Automatic Transmission Air Conditioning Search/Seek Cloth Seats Overdrive Intermittent Wipers CD Player Redining/Lounge Seats 4 Wheel Drive Tilt Wheel Auxiliary Audio Connectlon 3rd Row Seat POWER Cruise Control SAFETY WHEELS Power Steerfng Rear Defogger Drivers. Side Air Bag Styled Steel Wheels Power Brakes Keyless Entry Passenger Air Bag PAINT Power Windows Alarm Anti -Lock Brakes (4) Metallic Paint Power Locks Message Center 4 Wheel Disc Brakes Three Stage Paint Power Mirrors Rear Window Wiper Traction Control TRUCK Heated Mirrors Climate Control Stability Control Trailer Hitch Power Driver Seat Dual Air Condition Front Side Impact Air gags Trallering Package Power Passenger Seat Backup . Camera w/Parking Sensors head/Curtain Air Bags Running Boards/Side Steps DECOR RADIO Communications System Dual Mirrors AM Radio Hands Free Device Privacy Glass FM Radio Positraction 1/27/2017 1:2138 PM 011801 Page I Page 309 of 675 Preliminary Supplement 4. with. SummarV customer. CITY OF BOYNTON REACH 2016 CH EV Tahoe Commercial 4WD (Fleet) 4D LJTV 8-5.31. Flex Fuel Direct Injection RED Line Oiler Description Part Number Qty Wended Price Labor Paint I FRONT BUMPER Air deftctor w/o Police pkg 7 S01 2 RT Outer molding black O/H front bumper 501 15 3 <> Sol Rept Bumper cover w/o park asst 23320625 1 603.93 Ind. 2.8 4 S03 Add for Three Stage RT Filter panel 210 5 Sol ROpf Lower molding W/o ddapt-rve 22936495 1 82.13 Ind. 22 HOOD 23 S01 Bind Hood 24 R&I Insulator 25 FRONT DOOR 26 1 R&I cruise w/o tow hook 6 501 Rep! Air deftctor w/o Police pkg 7 S01 Repi RT Outer molding black 8 501 R&I LT Filler pand 9 Sol R&I LT Outer molding black 10 501 Repi RT Filter panel 11 S01 Repl RT Bumper cover guide 12 Sol Rept RT.Sumper Cover brace 13 S01 Rept Impact bar 14 SO Rep] RT Blank cover fog lamp 15 FRONTLAMRS R&I RT R&I trim panel 16 501 Repi RT Headlamp assy w/o HID 501 Rep] Radiator support lamps 17 1 Alm distance sensor Aim headlamps 18 # 502 Rpr modify lamp for strobe light 19 GRILLE Add for trans cooler 03 20 R&I Emblem 21 S01 Rep] Grille asst' w/o Z71 pRq w/o chrome InseM 22 HOOD 23 S01 Bind Hood 24 R&I Insulator 25 FRONT DOOR 26 1 R&I RT Belt molding 27 1 RW RT Body side midg Tahoe & Yukon paintable 28 Clean & re -tape mid(s) 29 Sol R&I RT R&I mirror 30 S01 R&I RT Handle, outside paint to 22820664 1 16.93 match w/o passive 31 Sol Rpr RT Door shell Tahoe & Yukon 32 Sol 31.82 6terlap Major Non-Adj. Panel 33 503 710 Add for Three Stage 34 R&I RT R&I trim panel 35 RADIATOR SUPPORT 36 501 Rep] Radiator support 37 Sol 1 Alm distance sensor 38 Sol Evacuate & recharge 39 Sol Add for trans cooler 22936501 1 109V Ind. 22936487 1 27.90 Ind. Ind, Incl. 22936500 1 36.70 Ind. 22806323 1 12.48 22820664 1 16.93 23195058 1 436.85 0-3 22936498 1 31.82 Ind. 2-3490006 1 710 0.5 0.5 23320679 1 612,85 Ind. 213 03 0.3 84008400 .R I 0.5 0.4 0.4 19 2.1 -0.2 0.8 0.4 434.32 6.0 m 0.5 m 1.4 M 0.3 1/27/2017 1:21:38 PM 011801 To Page 3 e �i 675 Customer: CM OF BOYNTON BEACH 2016 CHEV Tahoe Commercial 4WD (Fleet) 40 UTV 8-5.3L Flex Fuel Direct Injection RED 40 Sol R&I Sghtshleld 41 Sol Repi Mount panel 23266739 1 560.33 Ind. 42 '4i Sol Add for shutter M 0.3 F*EN'D' ER 44 S01 Repi RT Fender liner Tahoe w/o Z71 22806317 1 99.97 Ind. pkg 45 Sol Repl RT Fender Tahoe 227S6424 1 4 2.4 2.2 46 Overlap MajoI Panel -DA 47 S03 Add for Three Stage 0.7 48 Add for Edging 0.5 49 Sol Repi RT Fender reinforcement 22814873 1 6.33 0.1 so Sol Repl RT Fender brace 23115310 1 S1 ELECrRICAL 52 Sol Rep] Front brace 22829070 1 13.40 53 Sol R&I Battery . M Ind. 54 Sol Repi Battery tray 23327400 1 91.68 Ind. 55 Sol Rpr wire repair 2,0 M 56 # 501 REU rt running board strobe lighting 2.0 57 S03 R -epi! Fuse box cover 23190335 1 9.46 0.2 58 REAR SUSPENSION 59 S01 R&I R&I axle housing as an assy M Ind, 60 FRONT SUSPENSION 61 Sol Rep[ RT Lower cntd arm w/o Police 22851474 1 228.70 m 1.5 M pkg 62 Soz 0114 front suspensI both sides m 63 Sol Repi RT Knudde w/o Police pkg 22842315 1 121.95 m Ind. M 64 so . I Wheel alignment check rear m alignment 65 Sol Deduct for CNerlap -0.6 M 66 Sol Repl RT Caliper 23290150 1 94.99 m 0,8 M 67 Sol Bleed brake systern M 0.5 M 68 Sol Deduct for Overlap -0.2 M 69 S02 Repf RT Hub & beating 23356814 1 281.38 rn Ind. 70 FItA-ME- 71 S02 Repi Frarne assy 23363059 1 2,963.15 33.0 M 72 S02 Refrigerant recovery m 0.4 73 S02 Add for trans cooler m 0.4 74 S03 Repi RT Mount cushion position 1 23248394 1 82-13 75 503 Repl LT Mount cush)on position 1 23246394 1 82.13 76 S03 Repi RT Mount cushion front 2282 56 1 78.48 77 COOLING 78 Sol Rep] Reservoir tank 22856231 1 51.97 0.4 79 Sol R&I Radiator all m Ind. 80 Sol R&I It shroud as an assy M Inc[. 81 PILLARS, ROCKER & FLOOR 82 Sol Rpr RT Uniside assy sLQ 5.4 1/27/20171,21.38 PM 011801 Page 3P 3 1'fof 675 Customer., CrrY OF BOYNTON BEACH 2016 CHEV Tahoe Commercial 4WD (Fleet) 413 UTV 8-5.31- Flex Fuel Direct Injection RED 83 Overlap Major M. Panel A4 84 503 Add for Three Stage 2.0 85 # Sol Refn. BASE COAT DEDUCI-ION -4.0 86 R&1 RT Running board 1.0 87 # Setup & measure 1. 10 F as # PULL 1 3.0 89 # Repl Undercoating 1 10.00 90 # S01 Repl RT FRONT 77RE i3 ONE 1 181.12 DUELER 225-70-17 Si10 91 # Subl TIRE MOUNT BAL 1 15.00 92 # Subl Hazardous waste removal 1 3.60 93 #1 Rep[ Flex additive 1 5.00 94 # Repl Cover car 1 10.00 95 ENGINE 96 Sol Rep] Air cleaner assy plate 23114339 1 42.62 97 Sol Repi Air cleaner assy bracket 22738662 1 15.42. 98 S02 Repl Air cleaner assy 23192713 1 IZ4M m Ind. 99 AIR CONDITIONER & HEATER 100 S01 R&I Condenser aSsy M Ind. 101 COWL 102 * Sol Rpr Dash panel 103 * Sol R&I Insulator cabin 104 * Sol W Insulator engine room Tahoe & Yukon 105 Sol R&I Cowl grille Tahoe 0.5 106 S03 Repi PT End cap Tahoe 22799550 1 20.52 Ind. 107 STEERING GEAR & LINKAGE 108 SOI R&I RW gear a r» Ind. 109 Sol Deduct for overlap -01 110 S02 Repl RT Outer tie rod 22869912 1 103.05 m 0.5 111 S02 Deduct for Overlap -0.2 112 EXHAUST SYSTEM 113 501 R&I Muffler & pipe all m 02 M 114 # Sol Subl Hazardous waste removal 1 3.00 i 1 # S01 Pepl Corrosion protection 1 1100 116 # Sol Repl Hex additive 1 5.00 117 # S01 Subl TOW 1 11.5400 T 118 503 Repl RT Converter pipe seal 15077362 1 16.70 119 WHEELS 120 S02 Repl RT/Front Wheel, alloy 17' code. 20942019 1 245.00 m 03 RD6 121 # S02 Sub[ mount and balance rt tont wheel 1 15.00 T and bre 122 502 Repl TPMS sensor valve 15263240 1 10.37 123 # S02 Repl coolant 1 15,90 124 # S02 Rept BRAKE FLUID 1 914 1/27/20171:21: PM 011801 Page 4 Page 312 of 675 Preliminary Supplement 4 with Summary tustom'er., CITY OF BOYNTON BEACH 2016 01EV Tahoe Commercial 4WD (Fleet) 40 UrV a -53L. flex Fuet Direct.injecUon RED 125 # S02 Rept TRANS FLUID 1 9.74 126 # S02 R&I EKMRIOR LIGNG 0 4.0 M 127 * S02 Sabi Four wheel alignment 1 69.95 128 # S03 Repi FRAME BOLTS PART # 11612148 2 9.70 129 # 503 Repi FRAME BOLT PART# i 154668D 1 4.77 130 504 Repl LT/Front Wheel, alloy 17" code: 20942019 1 245-00 M 6-3 16,6135.82 Grand Total RD6 131 * 504 Subl MOUNT AND BALANCE 1 15.00 t 132 # SD4 Subi F= wheel alignment 1 69.95 16;695.82 Note. 2ND ALIGNMENT IS To DUE TO FINDING LT FRONT WHEEL BENT AFTERTRUCK WAS ALIGNED. CUASING TRUCK TO DRIFT TO RT SUBT A 2Te 99.2 16.8 ESTIMATE TOTALS Category Basis Rate Cost $ Raft 9,68102 Body Labor 45.5 hrs 0 $ 42.00 /hr 1,911.00 Paint Labor 16.8 hrs @ $ 42.00 /hr 70160 Mechanical Labor 41.7 hrs @ $ 90.00 ft 3,753.00 Frame La 2.0 hrs 6 $ 48.00 /hr 96.00 Paint Supplies 16.8 hrs 0 $ 24.00 ffir 403.20 Miscelar: eous 14540 Subtotal 16,6135.82 Grand Total 16,695,82 Deductble 0X0 CUSTOMER PAY 0.00 INWRANCE PAY 16;695.82 [M 1/2712017 1:21:38 PM 011801 Page 5 Page 313 of 675 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.OBOX 310 P.O. #: 170747 BOYNTON BEACH, FLORIDA 3,3425-0310 DATE: 02/01/17 SHIP TO: TO: FERRIN SIGNS INC City of Boynton Beach 945 26TH STREET PUBLIC WORKS DEPARTMENT WEST PALM BEACH, FL 33407 222 N.E. 9TH AVENUE BOYNTON BEACH, FL 33435 PROCUREMENT SERVICES: FOTAL: 7 1 . P.O. T PURCHASING Page 314 of 675 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BO O. ULEVARD P.O. #: 170747 P.BOX 310 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 02/01/17 vzgm! ,Wl TO: FE IN SIGNS INC 945 26TH STREET WEST PALM BEACH, FL 33407 REQUISITION NO, 6 208 FORDERING DEPARTMENT. 13&G/GJ SHIP TO: City of Boynton Beach PUBLIC WORKS DEPARTMENT 222 N.E. 9TH AVENUE BOYNTON BEACH, FL 33435 DATE NEEDED: BID NO: J-2!COMMISSION APPROVED, --- LINE# QUANTITY UOM ITEM O. AND DESCRIPTION UNIT COST PROCUREMENT SERVICES; ACCOLTNT NO. 001-2512-541.63-06 FuzTs7jw4* W�9 M 11111111114101-43� PURCHASING Page 315 of 675 1 I I 1 J 1 pyx H H i d 0 s H Bom m H H I M H H H H P HIVH O2 ng r+� H!d + 0-3 O 1 ' M upiqM H HH OZER tt i H to J Cy 1 U. a X H to 23r + OhDd m2mu . H ! H ON H5 'P A�jY r 1 Jg.wM 0 U'� 1 : � H MR1Mjd N HH rl Aug— D2 H H H M H i H n r n r n H rOU i Hu n O I ®_ K H 2 i IHI HHRH Cq i m Gi 1 1 y 1 f I H •= iRltliuh +3 H 1 OM r I � I H 1 1 1 d I d I I m 0 r mH H I I 1be IVn p I d CS 1 1 t I 1 I 1 1 I I I J r 1 ry 1 p I f� I 1 1 1 F-' 1 �Ba e^w 1 I LJ 1 ' a 1 N H 1 d � Page 316 of 675 Date. 1,31 11-1 F—F M14,43'' Requesting Department: 'Pto — — Contact Person: C2,Q-r%zLA- " L %- Explanation for Purchase: Recommended Vendor S -T -cru -3 Sourcelbir Purchase (check and an backup materials): a, pirel-e Written Quotations GSA State Contract PRIDE SNAPS RESPECT Piggy -Back Sole Source Emergency Purchase Other Contract Number: NOTE: Pricing proposal fbr purchase must be presented in the same detail contained within the contract. I Fund Source for Purchase, oo I S,5L-a - 5 4 l$ M ME AMM Date Page 317 of 675 FROM:Date: —L—k *PRIORITY I DATE NEEDED BY: 0 Copy Work — Number of Copies: Double -sided / Collated & Stapled I Distribution: 13 Request for 121/Direct Pay Req. for the attached - Vendor or Person to be reimbursed: I Account Number: Project No.: Rea uest for Vendor: Cost: u Written Quotes ($2,000 to $9,999.99) — Attached. X Written Quotes ($10,000 to $24,999) w/Purchases over $10,000 Form —Attached. Bid/City (Over $25,000): in C T o Bid/Other Entity (Over $25,000): Bid#, Bid Eff. Datel Bid Quotes —Attached. -rci—i PrL 403,50 13 File As: 0 OTHER., S nPr-lalinnfri mr-finnc - lLrnt �,� Page 318 of 675 Hall, Glenda em From: LaVerriere, Lori Sent: Thursday, January 19, 2017 8:22 AM To: Groff, Colin; Livergood, Jeffrey Cc: Howard, Tim; Hall, Glenda; Simon, Michael Subject: RE: S. Federal Hwy sign Sounds good. Go with it. Thank you for your work on this Glenda. Lod LaVerriere City Manager City Manager's Office City of Boynton Beach 100 E. Boynton Beach BLvd. I Boynton Beach, Florida 334 o: 561-742-6010561-742-6011 LaVerriereL@bbfl.0 I www.boynton-beach.org Like, us oop'-Ik America's Gateway to the Gulfstream Iv, Arproffrif4*21 fro From. Groff, Colin Sent: Wednesday, January 18, 2017 11:03 AM To. Livergood, Jeffrey; LaVerriere, Lori Cc: Howard, Tim; Hall, Glenda Subject: RE: S. Federal Hwy sign Sounds like a good plan. Put the information in a backup memo to Lori and it will meet the requirements of the procurement code. Thanks Colin Groff Page 319 of 675 CoLin Groff, P. E., Assistant City Manager PubLic Services City of Boynton 00 E. Boynton Beach Blvd. I Boynton o: 561-742-6401 Lik,"a us America's Gateway to the Glfstre . I.�I I %i ! I I• i^� I " � A I L'"' � • w f 1 I iYt ' k, 1 I I I � R F: I l _ R . <: - � [, - 1 � ( i� I 1 I 4'. ! ... ,. � • l �;. . � ,.. ! _ . f From: . •! • Jeffrey To: LaVerriere, Lori Cc: Groff, Colin; Howard, Tim; Hall, Glen1da Subject: ed 1 Lori, We have a firm quote from Ferrin signs in the amount of $21,275 to fabricate and install the sign. This includes electrical. We also have a probable cost estimate from the original installer (Collage -USA) in the mount of $$76,000. It took several months to get these quotes because this is not an "off the shelf' product. We can get more quotes but that will cause even more delay. Plus this takes a large amount of staff time running this down. With your approval I would like to initiate a purchase order in the amount of $21,275 plus a 10% contingency thereby totaling $23,402.50 to Ferrin Signs. I believe the price is excellent and Glenda is fairly certain that Ferrin Signs will provide a product that is a reasonably close match to the original product, at least based upon a 40 mph drive by view. Please advise. Jeffrey -.. Director of PubUc Works, Engineering Public Works and Engineering City of Boynton Beach 100 E. Boynton Beach Blvd. I Boynton Beach, Florida 33435 , l LivereoodJ@bbfi.us renTrf =1 7, Page 320 of 675 From: LaVerriere, Lori Sent: Friday, January 13, 2017 5:09 PM To: Grant, Steven; Casello, Joseph; McCray, Mack; Romelus, Christina; Katz, Justin Cc: Livergood, Jeffrey; Simon, Michael; Groff, Colin Subject: S. Federal Hwy sign The original contra cto r/insta lie r gave a quote of $76,000 to replace it (keep in mind this was custom built). This cost level would require a formal bid procedure. We sought additional quotes from other sign companies. We are still awaiting some final electrical cost quotes. We think we found a vendor to refabricate the sign at a much lower cost. We anticipate having what we need to order th:: work in the next couple of weeks, then it will likely take a couple of months to actually fabricate and install it. Staff is indicating another 90 days before we see a new sign. G= =� Lori LaVerriere City Manager City Manager's Office City of Boynton Beach 100 E. Boynton Beach Blvd. I Boynton Beach, Florida 3343" ' o: 561-742-6010 1 f: 561-742-6011 LaVerdereL@bbfl.us I www. boynton- beach. ong I-Ae us. on Fiaxeblook It ArIt-11 ft4*ltr t19 'A Page 321 of 675 I "I",/2ƒ dGG7y ............. ............... .. . . .......................................................... 111 MU ��Y i �, -, -11111111 1� . . . . . . . . . . . . . . . . . . . . . . . From: David Trindade <dtrindade@collage-usa.com> Sent: Tuesday, November 08, 2016 8:23 AM To: Hall, Glenda Subjel Boynton Beach So. Welcome Replacement mi- 03,== ;jljpl!lljllllll�I1IIlll Ill 11111111111111111111,ii iiiii�illill,ililill=M /cam 11111,11 1 IJI 0 ill'!] , 585 Technology Park I Lake Iflary, FIL 32744 ?dam ndade ? &«f»SQ««m C 561.262.2773 D 407.915.6185 P 407.829.2257 F 407.829.2258 /c age» m« Page 322 0 675 FERRIN SIGi'VS Attn: Glenda Hall Account Executive: Tim Lewzader REFERENCE: Signage In response to your request, we are pleased to submit the following proposal, Furnish and install one (1) single face non illuminated freestanding sign as per Ferrin Signs design # 1216018. -Fhe cabinet will be fabricated from heavy gauge aluminum, chemically cleaned, primed and finished in a high quality automotive enamel. PRICE: $ 11,118-00 Includes Tax Permit costs and engineering (if required) are not included in the price above. These costs will be reflected on the final invoice. These costs will consist of permit fees at actual cost, an engineering fee of $250.00 for each free standing sign and a final inspection fee of $100.00. We sincerely hope this proposal meets with your approval and that we may be favored with your order. TERMS: The above total price shall be paid as follows: 50% with purchaser's acceptance of contract ........ $5,559.00 .................................................................................. 50% upon completion of installation ...................... $5,559-04 TOLL FREE FAX 945 26TH STREET WEST PALM BEACH, FL 33407 1-844-885-8712 (561) 802-4340 A FINANCE CHARGE OF 1.5% PER MONTH, WHICM iS AN ANNUAL PERCENTAGE RATE OF 18%, WILL BE ADDED TO ALL PAST DUE ACCOUNTS Page 323 of 675 11#1#11-gemno -11-gil-91 1 :• no -11 zq 0 9 119-tLA %J-71 January 17, 2017 Attn: Glenda Hall Account Executive: Tim Lewzader REFERENCE: Signage In response to your request, we are pleased to submit the following proposal: We have surveyed the area where the sign was taken out and believe this is what is needed in order to fix the electrical box. Pull electrical permit and set up inspections Build a new rack to support the electrical equipment Ma f 6'[TWWe-Cf I (1 16 Artif xff• Furnish wire and install a contactor box with photo cell to control the existing circuits Furnish wire and install a multi circuit LED driver box Pull 1600 feet of #6 THHN wire for power supplied to sign** Test for proper operation Clarification: **No allowance for replacement of conduit, junction boxes etc. We are assuming 350'1ull will be a straight pull and PVC is in good condition. PRICE: $ 10,157.00 includes Ta)i We sincerely hope this proposal meets with your approval and that we may be favored with your order. TERMS: The above total price shall be paid as follows: 500/6 with purchaser's acceptance of contract ........ $5,078.50 ........ ........ ......... . . ... ... ....... ...... . upon . compi . e . ti . on .. of . instal . latio . n $5,078.52 Page 324 of 675 a I C13 Page 326 of 675 . PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 P.O. #i 170749 BOYNTON BEACH, FLORIDA 33426-0310 DATE; 02/01/17 ■#' SHIP TO: TO: MARTIN FENCE CO. City of Boynton Beach 862 13TH STREET EAST UTILITY ADMIN LAKE PARK, FL 33403-2383 124 E. WOOGHT ROAD BOYNTON BEACH, FL 33435 EXTENDED LINE# QUANTITY UOM ITEM O. AND DESCRIPTION UNIT COST COST 1 6624.00 DL REPAIR AND INSTALL FENCE AT LIFT 1.0000 6624.00 STATION 410 2 2056.00 DL REPAIR AND.INSTALL. F . �g . NCZ. AT LIFT 1.0000 2056-00 STATION 201 ... ... 3 957.00 DL REAPIRAN . D. INSTALL :FENCE: AT. LIFT 1.0000 957.00 STATWX 319 4 2736.00 DL REPAIR AN . DINSTAlL FENCE AT LIFT 1.0000 2736.00 STATION .60.4 ....... REMARKS . ..... REPAIR & ::INSTALL FENCES AT LS 410, 604. PIGGYBACK TOWN:OF DAVIE #B-12-76 10/17/15 10[16/18. SEE ATTACKED QUOTE$ .... ...... sm I I I w rq Cq 0 U 04 I ECJ i2 2 RED H H r -I rl W w LD kv to LD w L en rn cq m F m in in in H'O .0 .riD I Go m co w 8,4 m 'N C4 C -q m w I Page 328 of 675 Ni I 1p 1 r4 r -i 01 Ln Ln in 0 14 z Mtn 1C3 pq P4 I C5 Q O O 0 0 00 Ed U F4 00 Z i A H m 01 VI i0 Ln M Ln m H in IJ ka zko a : P4 Pao', 94 1 04 F4 rd El ON 'k. ON 0 H > 0 WWH WMH PN Rd MWH DO p0q mmH I I im Hgo 04WO 99 E4 00. 0 cd KOR � W. g HgW P4HW 1�4gM HgM H to H W Amm u Omm Q Omm v Og mm u 9c M MLV V H m4m UNA MH m 04 uwg N.1 N 4d D4 9 H Qi 05 0 �LiI 0 14 14' IGQ 140Ewo � W co HHW VW Z" m 0 11 Z I .. - - .. -1 .. .- m 0 p RNQ E� 0 ND Q�p Am R; 0 E- H C4 I m ri �4j HJU HFU m: rA w Pm 4i NEQ HI 1 I I I w rq Cq 0 U 04 I ECJ i2 2 RED H H r -I rl W w LD kv to LD w L en rn cq m F m in in in H'O .0 .riD I Go m co w 8,4 m 'N C4 C -q m w I Page 328 of 675 O O O O O C9 1i O W w r4 to M N Ln Ln M C, 1p a at h M w N N N rl O 4 O Q O O O w7 O O C) 4 O O O H d® LO C`a 66 0 N u1 to M tD O 61 m N 0 H kl W W a . W W O O O O O O O O rl 1i 1 l ra r 4 r. r r« -r w .-# i i � w • 0R ]HEm im x 0 , 1' 900 900 woo NO M .a .. . m *.. . six N ix -1 ,4 H a UO O O O V' W V' � it e 5 Page 329 of 675 a . r r 4 r. r r« -r w .-# i i � w • 0R ]HEm im x 0 , 1' 900 900 woo NO M .a .. . m *.. . six N ix -1 ,4 H a UO O O O V' W V' � it e 5 Page 329 of 675 REASON FOR PURCHASE: Repair and install fences at Lift Stations # 410,201,319 and 604.. Piggy back Town of Davie Contract # B-12-76 VENDOR INFORMATION: DIVISION: —TO—T, THER INFORMATION; Name:i Martn Fence Co. n Admin. El Date: 1/23/2017 ASAP Address: 162 862 13* Street Construction El Date Needed: 02/06/2017 Confirm. El I �Confffr Lake Park, FL 33403 Oust. Re], El ASAP/Conf. 11 Distribution Ei BACKUPDOCS. RE L SUBMITTED: Contact: Rob Greene L Lab El QuotesNerb al E] E. Admin 40 (over $500) Phone- 561-848-2666 L/ Pumping Z Quotes/Written Over 2tlfi0) E. WTP 41 El FAX: PWMaint. Ej Bid Docs, W. WTP 42 Vendor No.: orUo-' 8 1863 PWOP& El Sole Source Ltr. ED P/U 99 El INITIATOR: Jim H Sewage lus Insurance Special Instructions: uance jRe irem Re uire ents: APPROVED: P16624.00ca Strmwtr. El I Projeets� Quart. Unit Price Description & Part Number Fund Dept- Basic Elem Obi Amount F ar an ence repair and installation, p 6624®0 't tion 4 t Lift S at Lift Station 4 410 1 2056.00 ea Fence repair and installation 2056.00 at Lift Station # 201 1 957.00 ea Fence repair and installation 957.00 at Lift Station # 319 1 Fence repair and installation 2736.00 ea at Lift Station # 604 2736.00 TOTAL 401 2816 536 A< 1237100 Page 330 of 675 UdHdmDqwftenf 1241" Wooffidgkt Road Boynton h, Florida 33435 Phone (561) 742-64M FAX (S61 742-098 AlaffmpK#)�Ot W13-1,111 oil a tv I QUOTATIONS ITEMS REQUESTED: Fence repairs and installation at LS # 410, 201, 319 and 604 WANKS -12A., R�Jb �011- W 7WATE: CONTACT PERSON: ff'HONENUMBER: ,*UOTE: ATTACH THE ABOVE QUOTATIONS TO REQUISITION AND SEND TO PURCHASING DEPT. Page 331 of 675 Date: 23 -Jan -17 Requesting Department: Utilities/Wastewater Pui Contact Person: Jim Hart Explanation for Purchase: :The fences at Lift Stations # 410, 201, 319 and 604 need to be repaired and reinstalled. The fenc& need to be done due to having to put new gates up. Also one of the gates was hit and needs repair. FRe—co-rilmended Vendor Martin Fence Co. FD—ollar Amount of Purchase $12,373.00 Source for Purchase (check and affach Three Written Quotations GSA State Contract PRIDE/RESPECT SNAPS of Source Piggy -Back KJ Emergency Purchase r----1-1 backup materials): GSA PRIDE/RESPECT of Source Budgeted It L --j Other L --j Contr-act Number- Town of Davie - NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. U141VIVII a Page 332 of 675 'MARTIN PHONE: 561-848-2688 * FAX: 561-848-4466 FENCE CO. TOLL FREE: 1-877-777-3212 862 13TH STREET, LAKE PARK, FLORIDA 33403-2383 LfC. # U 10591 Date,z-/ L -17 - SOLD TO. 5 Z12 2 City -42 Lx,�1400e. 0_��6 Z9YS>.;2- _6F_ anw- 4W. .643 Phone ad&ness—��Vi" 40'�E t� _Total Footage Contact Cell -Pager Fen [:]Top Rail Level C]IFolJor Contour Barb Up Knuckle L Top Rail Line Posts Cor. Posts Cate Posts Gates 40 V./, A -X wv Tension Wire Core Drills 00A Panelweave 11p 1111111,111111"I" 10i, I 1/ AeA Ap Customer authorizes the installation of the fence in bility for ac u of i1l fence lines must be cleared by customer or a fee will be charged - $7S per hour/ minimum of I hour, , 41 Total Price -4/ —Approx. Delivery D D Less Deposit Week of:".04V4' CompletlonRAO;��/ This contract subject to Terms and Conditions on reverse side. 0 r representation's cannot be relied on. No modifications to this conIt will be honored unless in writing and signed by both parties. C us tome r__-4-1—,-;-1,�0ee'An�� completion or tne acove oescrioea worl C u s tome V_. Page 333 of 675 MARTIN PHONE: 561-848-2688561-848-4466 FENCE CO. TOLL FREE: 1-877-777-3212 862 13TH STREET, LAKE PARK, FLORIDA 33403-2383 Line Posts— Cor. Gate Posts /. Gates Customer autl t �orlfzesc t installation of the enCe by customer or a fee will be charged -, $75 per hour/ minimum of I hour. Per 71 f Total PriceL....0- 4.,� —Approx. Delivery Date Less Deposit JWeek of:ZA.,__ C.O.D. an Completion This contract subject to Terms and Conditions on reverse side. Oral representation's cannot be relied' on. No modifications to this contract will be honored unless in writing and signed by both parties. Customer I hereby acknowledge the satisfactory RMT MITIM Page 334 of 675 Tension Wire Core Drills Panelwnav Customer authorizes installation of the fence responsibility for accuracy sketches. . M-5711MAIMMIMITT"T by customer or a fee will be charged -, $7S per hour/ minimum of I..hour. AxM Top Rail Level El Follow Contour 64" _3 Barb Up F1 Knuckle Up M Customer Salesma Custome, ITT Page 335 0 675 PHONE: 561-848-2688 * FAX: 561-848-4466 TOLL FREE: 1-877-777-3212 862 1 3TH STREET, LAKE PARK, FLORIDA 33403-2383 U10591 Date Nam SHIP TO: Addre 10*M- P TOM? Top Rail Li ne Pos Gates Tpncinn Wira SM Customer authorizes t installation of th fence XWTWOMMM M."T by customer or a fee will be charged -, $75 per hour/ minimum of I.hour. Approx. Delivery Date Total Prlce-?�-, 21 Less Deposit Week C.O.D. on Completlon&2-;��-- This contract subject to Terms and Conditions on reverse side. Oral representation's cannot be relied on. No modifications to this contract will be honored unless in writing and signed by both parties. Customer. Salesmaqj� Page 336 of 675 UNFORESEEN CONDITIONS The price quoted does not contemplate the encountering of rock, swampy conditions, boulders larger than the holes to be dug or other atypical soil features. It these conditions are encountered and additional labor, equipment or material Is necessary for the setting of the post, a charge for labor, equipment and material will be agreed upon prior to resumption of work. FENCE LiNES In consideration of the price herein quoted, the purchaser agrees that the fence lines will be clear of all obstructions and that the lines will be properly marked by him by stakes or otherwise. If contractor is required to remove any obstructions In the fence line or any excess soil excavated from post holes, a charge for extra labor will be made on the basis of $75 per hour - minimum of 1 hour. It Is further understood that customer is responsible for any damage to underground cables, sprinkler systems and all public and private utilities Including under- ground Installations such as electric conduits, cables, tanks, water lines sewer lines, etc. if It becomes necessary to work around or remove any of these obstructions, the customer agrees to pay extra expense of same on the basis of costs plus 15%, The customer agrees to assume respohsibiity for any damage caused by drilling and lagging into cement walks, seawalls or any poured concrete structures or buildings. MEASUREMENT Martin Fence Co. does not assume responsibility for lot Ilnss or layout. It Is purchaser's responsibility to mark all corners and lot lines for purposes of construction of the fence. Martin Fence Co. will make a charge for moving of any fence that Is later found not to be on the lot Rne if customer has staked the lot lines improperly or .has not furnished a correct and accurate survey with all lot lines delineated and corners marked. DELAYS Ary delays which are caused by the customer will be subject to an additional charge by MARTIN FENCE 00. if any additional trips are required because of changes or delays by the customer, the additional charge will be agreed upon prior to the resumption of work. If delay Is caused by any theft of materials or damage to work In progress, the customer agrees to be responsible for all costs of repair and replacement and any delay damages. GENERAL CONDITIONS All agreements are contingent upon strikes, look -out, riots, fires, accidents, acts of God, floods, war Insurrectlon, embargo restrictions, carrier delay of failure to receive raw material deliveries or by other causes whether or like or of a different nature beyond our control. All prices quoted herein are subject to change without notice prior to the execution of this agreement: Unless otherwise specified, materials purchased hereon are.not warranted to comply with ASTM F761 Standard Speclficatlon for strength required of steel posts and rails for chain Ilnk fence. CANCELLATIONS No cancellations will be accepted unless in writing within 72 hours after signing the contract. it purchaser decides to cancel this contract within 72 hours purchaser must notify MARTIN FENCE CO. By registered mall or telegram. No deposit will be refunded after a 72 hour period. If order is cancelled after 72, hours, purchaser agrees to pay the costs of mdteriais,:permlttl6g fees, and expenses Incurred in preparation of work. ITEMS FOR CASH SALES The customer agrees to pay 113 deposit upon execution of this agreement; 113 of the principal balance when the posts are set. Customer agrees to pay the balance upon completion of the job. Customer may deposit 50% upon execution and balance on completion If desired. This contract is binding on heirs, executors, assigns and successors in Interest, until paid for In full. The Title to arid ownership and right of possession Qf the material covered by this contract shall remain to the seller, MARTIN FENCE CO. until fully paid for. In case the purchaser shall become insolvent or refuse or neglect to pay for work herein provided, the 'seller may, at Its option, without process of law, retake possession of any or all materials wherever the same may be found. The purchaser further agrees to pay a reasonable attorney's fee incurred in any collection process including any appellate proceedings. Purchaser agrees that the venue for any and all legal proceedings shall be Palm Beach County, Florida regardless of where actual work was performed. After 30 days, a 1.112% interest charge per month on any unpaid sumo will be charged. Customer agrees to pay $50 or 5% of face value, whichever Is greater, on any returned check. SKETCHES The approved sketch as noted on the other side is for placement of fence. Customer agrees to assume all liability for encroachments and accuracy of lot lines and corners. .r' is not straight, Page 337 of 675 1 1111.1m,"llml iv \` I II©© III III N'll MI N ffes'R as l • r Page 339 of 675 9 MIND 0 MEIN@ 1111 1111111 0 MEIN@ LI��sININfINo IN 191NfNilf 0 M! N� i p{ ``Page 341 of 675 1111 LI��sININfINo IN 191NfNilf 0 M! N� i p{ ``Page 341 of 675 862 13th STREET, LAKE PARK, FLORIDA 33403-2383 EMMEWIME, I*1t) E�� Mr. Scott, by R -2012L237. The extension of term is for a three year period from Oct.+- .- •n` beda rime name a4bile Date:— -/5 - APA PALM BEACH: 561.848.2688 - TOLL FREE: 1.877.777.3212 - FAX: 561.848.4466 Residential - ComMercial - Industrial Page 342 of 675 From, Mike Scott <MikeLScott@dav1e-f1.9ov> Sent* Thursday, August 06, 2015 2:34 PM To: mfence@martinfence.com Subject: Town of Davie Fencing Services Extensi Attachments: R2012-237.pdf I The Town wishes to extend the fencing services bid approved by R-2012-237. The current bid expires 10/17/2015. There is an opfion to extend the term for an additional three-year period. Please indicate If your company would like to extend this service by sending written correspondence either to the address or email below. If you have any questions, please feel free to contact me. Thanks. Mike Scott Operations & Management Professional Public Works & Capital Projects 6901 Orange Drive Davie, FL 33314 (954) 797-1243 - Office (954) 257-9759 - Cell (954) 797-1246 - Fax mike—scatt@davie-fl.gov Page 343 of 675 PURCHASE ORDER "'ITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 P.O. #: 170761 BOYNTON BEACH, FLORIDA 33425-0$10 DATE: 02/03/17 ON: 1011 pie] SHIP TO: TO: ZCO, INC. City of Boynton Beach 9671 CAROUSEL CIRCLE SOUT PUBLIC WORKS DEPARTMENT BO CA RATON, FL 33434 222 N.E. 9TH AVENUE BO ON BEACH, FL 33435 EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST iso .WASH BUILDING... PROCUREMENT SERVICES: ACCOUNT NO. PROJECT 302-4210-572.62-01 RP1706 mmummumm PURCHASING Page 345 of 675 7,7zs w w W� I CAN'. 9COMA 0 '1 •H 090 Orlm to jui U gag, 10 hi L) H C3 :q C -Q 1.4 UtIl m Ul Ul Ul 9:� Mm JUPS, wgg :: 2 -4 -4 HCO11I • A31 I H M N 0 to m cn m d, A A N ba 1 H 0 0 CD 6 VA mm m fAH CHH U9 MA08 i Oz PIE H V WO 9 OW 1104 MUM f me 0 0 mw ORD OF A 0 A m 00 Ow c 0 %ju O H H H W M w 6ro i -vv go U .01 H3 WH1-1H 1100 -q- CON 1, 0 o H H M O.3ii nqVIA HM H rA MOMM 0 1110 1-3 WE Ago M H 80=0 rn $0 La ED H rn U3 4 WIN H MOO �-3 H1 0 0- wo M H L ; IV v H- H 0 bill w rD bd H cl, tj 0 z 0 Ul w I 0 LM 0 Hl tj I, AV I 1, 6 nnp13 C3 II" H al 0: tj qj &OW H Z: Doc), R C3 v coo C3 m (D m cr cr cl Ln 0 0 0 CNIII i12 I Ow 11 III LAI m w Li ul w 00 I 1 W p 0 0 4D C, q , 's H. 1w Page 346 of 675 CITY OF BOYNTON BEACH REQUEST FOR PURCHASE OvER $1o.000 Date: I I LN Ll� -- Requesting Department: AL �hb Wd �*fA �& (Jf�/6 Contact Persow.. MOOT -L - Explanation for Purchase: 000 - 0711 Cr U -r A4rlW Recommended Vendor Dollar Amount of Purchase [All Three Written Quotations GSA State Contract PRIDE/RESPECT SNAPS Sole Source Piggy -Back Budgeted Item Emergency Purchase Other Contract Number: NOTE: Pricing proposal for purchase must be presented in the same detail contained vAthin the contract. Fund Source for Purchase: - Form Revised 02/01/02 Page 347 of 675 [3 Copy Work - Number of CoPics'. Double -sided / Collated & stapled Distnbution: 0 Type from the attached /transcription tape /small (to be forwarded upon requeI 0 Request fOr 121/Direct Pay Req. for the attached - n or Person to be reimbursed: Account Number: project No.: Written Quotes ($2.,000 to $9,999.99) - Attached. Written Quotes ($1+000 to $24,999) w/Purchases over $10,000 Form - Attached. Bid/City (over $25,000)! Bid # ): Bid Bid Eff.,,Dates, & Bid Quotes - Attached. t3 Bidpther Entity (Over $25,000 Page 348 of 675 WWII Quote: 12116 R, U101JIMOOMMil".0 ITII I - - It tM16 Ii - do as C110— K 6600 da km 211130 UO--;-* nett SUIII� ACA -t 60� JqJO C1 P ?: l�-- 606 bvt� Dear Gall, We propose to furnish supervision, labor, and equipment and mat!er�iEls t 133 and backsplash Total costs $19,380.00 Restroom refurbishment ADA ADA deficiencies adjustments, repairs, replacements, replace grab bars mmw M., M-TTT M-- E 1 13 $250.00 Page 349 of 675 Paint building $1500.00 Process for resurfacing floor r,". IFIX-Mm- 2 IrTITTITU MITIT-Ta-C! ,�ililli!l ill�ilill�illill�� !111 UZED= Page 350 of 675 Mootz, Gall From: Mootz, Gail ® Friday, November 18, 2016 8:50 AM To: 'Michael McTeague; John Zak azak@anzcoinc.com); Talley W r. (talleywalkerjr@gmaii.com) Subject: UPDATE: Oceanfront refurbishment/ADAr— e Gentlemen; C . . . . . . . . .... 1. Paint the interior of the restroorn (Sherwin Williams color: 3029 Ember, it will match the underside of the pavilions on the lower level of the parking lot, south end) 2. Paint existing entrance door (match existing color). 3. Remove and replace the existing countertop and backsplash with Corian Buried Beach (picture below) 4. New undermount sinks not white but should blend with the countertop. 5. New "Self Closing" faucets (max. 20 seconds). 6. Reset the handicap sinks to correct ADA heights. 7. In your quote include the process to re -surface the floor. 8. New ADA Mirrors (with a tilt) 9. Drawings will be sent soon. 10. Quotes are due on Thursday, December 1, 2016. 11. Quotes should be broken down in two line items: a. Restroom Refurbishment b. Restroom Refurbishment ADA Page 351 of 675 I A I �6- R N.-' Page 352 of 675 cq Cj C,Ci lc-:, W ICE w Cl w w (Do C D 0 40 0 Ptb dg2 n Imu E E E LOL -0 w E = E C 2 u 2 CL 9 2� IM5 MID -r- no cm 0 FL c E 5 E p 2 we 00em 0 E E 0 D 0 IL 0 'w 0 0 51 .- zl�Qa% E IMO w CL 2 CL E � -8 @ M. Q > E e 2-80 0 r- r-Lp N 2 LO OL .2 0 tm .2 1.8 0 0) D 0 0 E cQ2 .2 CL -- 2 ICLL 0 0 to q a 0 co E E z 02 WE > FL IE .2 E 2 E -W E 0 07 W 2. 2 0. 10 E E CL g .0 - E wo w E S!a� 0-2 v LD 0 rj C3 Ld C6 CD IM 0 E w D°0gy dl 'r -E w r - w CL FL CL r - E EO OD 0 CD L3 E B j2 E U' It > to r - E u E E E E E 8 v 0 Or- = 0 40 _8 ig cg 0 Im N 0 r- V 's a E m E 0. M E CL D E 0 > 16 CL •0 C 0 0 0 -0 0 m E a= — 0 0 2 V CL 'a Nom-, Wr r_ S2 0 Lm m 8 0 R 'r- -, CL .1 E r E 0 -J-C'4 E 0 E —0 r- w & 1c) IDC) Z n 0 cn, lk- Z E E LO E 0 E z 2aea LO 2 < 0 u .2 LL O I A I �6- R N.-' Page 352 of 675 W. ¥ N Page 353 0 675 B L -F Page 354 of 675 C) .80 0 wo r- E IDD ■ rt rS iF L -F Page 354 of 675 McTeague Construction Co., Inq City of Boynton Beach 222 N.E. 9" Ave ETITII��FLTA I =0 1. The process in which you will resurface the existing floor. $ 6,600.00 2. Pressure wash the outside of the building $500.00 3. Painting the outside of the building, color to match the existing building $4,000.00 4. building interior $17,800.00 Michael H McTeague im $ 28,900-00 $ -900.00 1� �� . . 0 E.1 1-1 Page 355 of 675 12/1/16 Page 1 PROPOSAL LIC# CGC-060030 -'WATER FOUNTAIN: Relocate/rework existing water fountain to provide a 27" (685 min) min. knee clearance above the finished floor, 30" (762 min) min. wide and 25" (635 min) max. deep (2010 ADA Fig. 306.3). Option for new water fountain below. MENS RESTROOM: Provide signage on latch side with raised characters and grade 2 Braille, mounted at 48 inches min. measured from the baseline of the lowest tactile character and 60 inches max. from the baseline of the highest tactile character (2010 ADA Fig. 703.4.1). $36.00 Adjust or replace door closer, maintain door hinges to provide an opening force not to exceed 5 lbf. $180-00 Cover (insulate) lavatory bottom supply and drain pipes to protect against contact at three sinks. 'Relocate lavatory at 34" (863 nim) max. above the finished floor to front end of rim or counter. This countertop is being replaced with material specified below. ,Lower lavatory mirror to 40" (1016 min) max. above the finished floor to bottom edge of its reflecting surface. Four mirrors are being replaced with new 18'x 30" stainless rimmed tat mirrors. $870.00 Lower urinal and mount at 1711 (431 min) max. above the finished floor to top of rim. (2010 ADA Fig. 605.2), Opening waWpatching xvil if it needs opened, not included. @Rework/ relocate privacy partition to provide a 30" (760 min) min. wide alcove for a forward approach to object (2010 ADA Fig. 305.7.1). This will leave a +-231' wide opening for urinal to left of this one. $60.00 ®Provided pull handles on both sides of the door near the latch and center door opening hardware between 34" and 48" (863 min - 1219 mm) above the finished flGor. $60.00 'Install toilet paper dispenser on water closet side wall at 7"-9" (177 min to 228 min) in front of the water closet to the centerline of the dispenser and at 15"48" (381 nim to 1219 mm) above the finished floor to the dispenser outlet (2010 ADA Fig. 604.7). Exisfing new Renown Tolletpoper dispenser to be reused $60.00 'Cover (insulate) lavatory bottom supply and drain pipes to protect against contact at handicap sink. WOMENS RESTROOM: Provide signage on latch side with raised characters and grade 2 Braille, mounted at 48 inches min. measured from the baseline of the lowest tactile character and 60 inches max. from the baseline of the highest tactile character (20 10 ADA Fig. 703.4.1). 536.00 " Cover (insulate) lavatory bottom supply and in pipes to protect against contact at three sinks. Page 356 of 675 Relocate lavatory at 34" (863 min) max. above the finished floor to front end of rim or counter. This countertop is being replaced with material specified below. ,/Lower lavatory mirror to 40" (10 16 min) max. above the finished floor to bottom edge of its reflecting surface. Four mirrors are being replaced with new 18" x 30" stainless rimmed dh mirrors. 5870.00 ,Relocate water closet and center between 16" and 18" (406 mm - 457 min) from side wall (2010 ADA Fig. 604.2). 'kework partitions and/or fixtures to provide the required 12" (304 min) min. maneuvering clearance on the push side of the door handle side (2010 ADA Fig. 404.2.4.1). No work topayfifion1parthion material next to handicap stall, Stall ned to Handicap has 40"ofclearance City of Boynton to provide method of adjusting existing 61.5" opening. Existing material to be reused. New Material not incladed. Current projects havepassed inVecdon with this same layout $180.00 /Provided pull handles on both sides of the door near the latch and center door opening hardware between 34" and 48" (863 min - 1219 min) above the finished floor. $60.00 ,(Cover (insulate) lavatory bottom supply and drain pipes to protect against contact at handicap sink. COUNTERTOPS: $4,080.00 Replace tops with 2CM "SOLA B" Quartz which features a soft beige background, with just slight tonal specks to add dimension, depth and character. Front and one side edge to be built up 1-1/2 to 2" thick. Backsplash included and one side splash included. New countertops will receive six under mount biscuit sinks along with six new manual push, self closing faucets. Corian is a surface that scratches very easily and requires maintenance. Quartz is a no"oroas material that is much more durable and no maintenance is required. PAINTING: $4,200-00 Repaint walls, ceilings, and rafters with two coats of water based pre -catalyzed semi -gloss epoxy. Prep & repaint existing entry doors and door frames with DTM semi -gloss. All paint from Sherwin Williams. PLUMBER: $13,460.00 Remove all toilets and cap sewer lines. Reset all toilets after flooring, supply six now sinks for countertops along with six new faucets, adjust one urinal, Open concrete floor and move waste line (offset flange will not be used) for one toilet, patch concrete. Rework one water fountain. Wrap all pipes to protect from contact. FLOORING: 57,092.00 Grind top surface of existing floor, clean and prep for new material. Apply Neogard System over top of existing floors and existing base. Primer, top coat and anti slip texture coat will be applied. All floor mounted plumbing fixtures will be reset after flooring is complete. SUPERVISION & PERMITTING; $1,200.00 TWS will supervise all subcontractors during their scopes of work. TWS will handle all necessary paperwork for permitting process. NOTE: 1 . All work during normal business hours. 2. Existing new Renown dispensers in both bathrooms to be remounted as needed. 3. Existing fixtures are grouted and caulked to existing surfaces which proposes a risk of damage during removal process. TWS will take all precautions when removing existing fixtures that are to be replaced, but TWS will not be held responsible for damage to existing fixtures if it occurs. 4. City to allow us to store plumbing fixtures if needed in maintenance building while floor is being resurfaced. 5. TWS will charge as an extra for any parts needed due to reusing existing fixtures. TWS does not warranty any reused fixtures. 6. TWS will pull necessary permits through GC license but City of Boynton will supply any documents/drawings required along with paying any permit cost. Permit cost have not been included. 7. Port -o -lets handled by City of Boynton. $1,080.00 Option to Provide one new ADA Hi/Low Water Fountain. (Not included in $27,444.00) Page 357 of 675 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 P.O. #: 170762 BOYNTON BEACH, FLORIDA 33426-0310 DATE: 02/03/17 SHIP TO: TO: ZCO, INC. City of Boynton Beach 9671 CAROUSEL CIRCLE SO UT PUBLIC WORKS DEPARTMENT BOCA RATON, FL 33434 222 N.E. 9TH AVENUE BOYNTON BEACH, FL 33435 EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 3820.00 DL ANZCO PROPOSE TO FURNISH 1.0000 SUPERVISION, LABOR, EQUIPMENT, AND MATERIALS TO PERFORM THE FOL -LOWING.' SCOPE OF,� PROCUREMENT SERVICES: ACCOUNT NO. 302-4210-572.62-03 PROJECT RP1706 / ? I P,O, TOTAL 3820.00 PURCHASING Page 358 of 675 1. I I 3ti I MI 0 F3 C> chl 1. I I I MI 0 F3 H 00 w w to bi 0 tj Page 359 of 675 CITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER $10,000 Date: IIIIUII(, Requesting Department: J�bII&Wjd4 APAWT16 ContactPersow. C,4�L Mom - ]f Explan—ation for Purchase: qu4 �gpq (jwLn p&,wk- g-Dp 3920ao IDollar Amount of Purchase Contract Number: NOTE: Pricing proposal for purchase must be presented in the same detail contain710 w4thIT the "itract. � Fund Source for Purchase: i M 1,42 - 42-1,0 —5772 - 6 2,4 1 I Page 360 of 675 { El Copy Work - Number of C012165: Double -sided I Collated A Stapled Distribution: ,e from the attached /transcription tape attached El Request for 121/DirOct Pay Reg. for the Vendor r Person to be reimbursed: _project No. - Account ®g - - — Special Instructions: Written Quotes Written Quotes ($10,00o to $... (over Bid/Other Entity (Over $25. 000): Bid #, Bid Eff. Dates, & Bid Quotes -Attached. Date completed-, E9 please sign and return this for he Offi 4f eel free to make any comments below Page 361 of 675 IM . MW Quote. 12116 6400 N. Ocean Blvd Ocean Ridge, Fl. Attention: Gail Mootz nzco Inc. 9671 Carousel Circle South Boca Raton, Fl. 33434 Office: 561-488-0822 6113 Fax 561-807-7224 Mobil: 561-699-3602 60 Email: jzak@anzcoinc.com 2-D, SGC 151 r3 Xr CI P 12,q1u $.41 66D6- b T -1 - Dear Gail, so -7 ?Z,zAa 7 We propose to furnish supervision, labor, and equipment and materials t RR 0 1. Replace faucets, sinks, paint interior, resurface epoxy floor, new dispensers, countertops and backsplash F-ATI-Y.1y, a - -1. * Emillint Page 362 of 675 B�M Remove existing toilets Grind, mechanically prepare and or deep clean existing surface Install two coats of Res -Tek primer Install Res -Tek base resin with color quartz To coat with Res -Tek 925 and 46 grit for non skid W? To 179 M iouam-% 9 1 a - . . I . RMEMMEM Page 363 of 675 Mooft. Gall From: Moot7, Gail Sent: Friday, November 18, 2016 8:50 AM ® 'Michael McTeague; John Zak ozak@anzcoinc.com); Talley W r. (talleywalkerjr@gmail.com) for Subject: UPDATE: Oceanfront refurbishment/ADA -�u Gentlemen; •911"IMIM 1. Paint the interior of the restroom (Sherwin Williams color: 3029 Ember, it will match the underside of the pavilions on the lower level of the parking lot, south end) 2. Paint existing entrance door (match existing color). 3. Remove and replace the existing countertop and backsplash with Corian Buried Beach (picture below) 4. New undermount sinks.not white but should blend with the countertop. 5. New "Self Closing" faucets (max. 20 seconds). 6. Reset the handicap sinks to correct ADA heights. your quote include the process to re -surface the floor. S. New ADA Mirrors (with a tilt) 9. Drawings will be sent soon. 10. Quotes are due on Thursday, December 1, 2016. 11. Quotes should be broken down in two line items: a. 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LO C) CD I Page 366 of 675 I I .1 I I Page 367 0 675 } /\\\\\�\\\}} }� � I I .1 I I Page 367 0 675 111� �W!111 City of Boynton Beach 222 N.E. 91h Ave 1. The process in which you will resurface the existing floor. $ 6,600.00 2. Pressure wash the outside of the building $500.00 3. Painting the outside of the building, color to match the exng building $4,000.00 4. building interior $17,800.00 I= Michael H McTeague $ 28,900.00 $ -900.00 Page 388 0 875 T2YMr1TT1MrS'rT;1ceS-LL1c. 5208 Palm Way Lake Worth FL. 33463 561-719-3101 MIM To: City of Boynton Beach 100 E. Boynton Beach BI I PO Box 310 Boynton Beach FL. 33425 Att: Gail Mootz r9IMMIE111! WATIER FOUNTAM: Relocatetrework existing water fountain to provide a 27 (685 min) min. knee clearance above the finished floor, 30 (762 min. wide and 25" (635 min) max. deep (2010 ADA Fig. 306.3). Optionfor now waterfountain below. I MENS RESTROOM- IL-ovide of the lowest tactile character and 60 inches max. from the baseline of the highest tactile character (20 10 ADA Fig, 703.4. 1). +36.00 Adjust or replace door closer, maintain door hinges to provide an opening force not to exceed 5 lbf. $190.00 Cover (insulate) lavatory bottom supply and in pipes to protect against contact at three sinks. 'Relocate lavatory at 34" (863 min) max. above the finished floor to front end of rim or counter. This countertop is being replaced with material specified below. 'Lower lavatory mirror to 40" (10 16 min) max. above the finished floor to bottom edge of its reflecting surface. Four mirrors are being replaced with now 18"x 30" stainless rimmed ifft mirrors. $970.00 ,'Lower urinal and mount at 17" (431 min) max. above the finished floor to top of rim. (2010 ADA Fig. 605.2). Opening wal*a1ching wall if it needs opened, not included. `Rework/ relocate privacy partition to provide a 30" (760 mm) min. wide alcove for a forward approach to object (2010 ADA Fig. 305.7.1). This w9l leave a +-23' wide openingfor urinal to left of this one. $60.00 JPtovided pull handles on both sides of the door near the latch and center door opening hardware between 34" and 48" (863 mm - 1219 min) above the finished floor. $60.00 Install toilet paper dispenser on water closet side wall at 7"-9" (177 min to 228 min) in front of the water closet to the centerline of the dispenser and at 15"-48" (381 min to 1219 min) above the finished floor to the dispenser outlet (2010 ADA Fig. 604.7). Existing new Renown Toilet paper dispenser to be reused, $60.00 /WOMENSRESTROOM- of the lowest tactile character and 60 inches max. from the baseline of the highest tactile character (2010 ADA Fig. 703.4. 1). $36.00 " Cover (insulate) lavatory bottom supply and drain pipes to protect against contact at three sinks. Page 369 of 675 Relocate lavatory at 34" (863 mm) max. above the finished floor to front end of rim or eduntcr. This countertop is being replaced with material specifled below. "'rLower lavatory mirror to 40" (1016 min) max. above the finished floor to bottom edge of its reflecting surface. Fourmirrors are being replaced with new 18"x 30' slainless rimmed dh mirrors. S870.00 Relocate water closet and center between 16" and 18" (406 mm - 457 min) from side wall (2010 ADA Fig. 604.2). �kework partitions and/or fixtures to provide the required 12" (30.4 min) min. maneuvering clearance on the push side of the door handle side (2010 ADA Fig. 404.2.4. 1). No work to parMonlpargitian material next to handicap sWL SMU next to RandkV has ,10"oftlearanca City of Boynton to provide method of adjusting existing 61.5" opening. Existing mate rislio he reused New Material not included Carrentprojects havepassed inspection with this "me layout $180.00 'Provided pull handles on both sides of the door near the latch and center door opening hardware between 34" and 48" (863 mm - 1219 min) above the finished floor. $60.00 Cover (insulate) lavatory bottom supply and drain pipes to protect against contact at handicap sink. COUNTERTOPS: $4,080.00 Replace tops with 2CM "S E" Quartz which features a soft beige background, with just slight tonal specks to add dimension, depth and character. Front and one side edge to be built up 1-1/2 to 2" thick. Backsplash included and one side splash included. New countertops will receive six under mount biscuit sinks along with six new manual push, self closing faucets. Corian is a surface that scratches very easily and requires maintenance. Quartz is a non-porous material that is much more durable and no mai ante is required. PAINTING; $4,200.00 Repaint walls, ceilings, and rafters with two coats of water based pre-catalyzed semi-gloss epoxy. Prep & repaint existing entry doers and door frames with DT M semi-gloss. All paint from Sherwin Williams. PLUMBER. $8,460.00 Remove all toilets and cap sewer lines. Reset all toilets after flooring, supply six new sinks for countertops along with six new faucets, adjust one urinal, Open concrete floor and move waste line (offset flange will not be used) for one toilet, patch concrete. Rework one water fountain. Wrap all pipes to protect from contact. FLOORING: $7,092.00 Grind top surface of existing floor, clean and prep for now material. Apply NeogaTd System over top of existing floors and existing base. Primer, top coat and anti slip texture coat will be applied. All floor mounted plumbing fixtures will be reset after flooring is complete. SUPERVISION & PERMITTfNG: $1,200.00 TWS will supervise all subcontractors during their scopes of work. TWS will handle all necessary paperwork for permitting process. NOTE:• I. All work during normal business hours. 2. Existing new Renown dispensers in both bathrooms to be remounted as needed. 3. Existing fixtures are grouted and caulked to existing surfaces which proposes a risk of damage during removal process. TWS will take all precautions when removing existing fixtures that are to be replaced, but TWS will not be held responsible ford age to existing fixtures if it occurs. 4. City to allow us to store plumbing fixtures if needed in maintenance building while floor is being resurfaced. 5. TWS will charge as an extra for any parts needed due to reusing existing fixtures. TWS does not warranty any reused fixtures. 6. TWS will pull necessary permits through GC license but City of Boynton will supply any documents/drawings required along with paying any permit cost. Permit cost have not been included. 7. Port-o-lets handled by City of Boynton. $27,444.00 Total Job for Work Described above. $1,080.00 Option to Provide one new ADA HI/Low Water Fountain. of Included in $27,444.00) Page 370 of 675 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 P.O #: 17077a BOYNTON BEACH, FLORIDA 33426-0310 J)ATi, 02/08/17/ SHIP TO: T07 C4 RENTS INC City of Boynton Beach 440 L TALL PINES ROAD 100 E BOYNTON BEACH BLVD WEST PALM BEACH, FL 33413 BON BEACH, FL 33425 EXTENDED LINE # QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 13994.00 DL TENT RENTAL FOR KINETIC ART 1.0000 13994.00 EVENT PROCUREMENT SERVICE &. ACCOUNT NO. PROJECT 151-2611-579.49-17 SE1710 PURCHASING Page 371 of 675 0 o N N VI 0 PQ EA W H A U Z" z 0 E+ H 0 U) Ol M P4 Ea E4 �4 Ei L'I ca HH Uzz z Da W Hty DQ Dq E-izu Da R w Mr4wul �Jl z U W U wl m 0m M H z 4 FA� 01' I I I Page 372 of 675 EA M 0 H L) E-4 z u Z H � 0H w M ®1 U O rq m Ui I 0 0 O u r4 O H R.z o E-4 I 0 0 z pi m r1 2 1 ra "4 90 '1 0 I CY mCu H r4 0 E4 P4 H P4 H r1a 64 FA 0 i -:,, H Ix m CY PQ p M Qw w z > DQ p m tj) pDQ Eon Di ca C4 ul VI 0 PQ EA W H A U Z" z 0 E+ H 0 U) Ol M P4 Ea E4 �4 Ei L'I ca HH Uzz z Da W Hty DQ Dq E-izu Da R w Mr4wul �Jl z U W U wl m 0m M H z 4 FA� 01' I I I Page 372 of 675 'equesting Department: Public Arts Do I Contact Person: Debby Coles- bay Explanation for Purchase: Tent rental for Kinetic Art Event on February 3rd through February 5th - ended Vendor C4 Rents Inc ............. Source for Purchase (check and attach backup materials): Three Written Quotations GSA State Contract PRIDEIRESPECT SNAPS Sole Souroe Piggy -Back Budgeted Item Emergency Purchase her Contract Number: NOTE: Pricing proposal for purchase must be presented in the some deWI contained within lhe conbact. Form Ravb,-s9101 W, Jim I Page 373 of 675 r 1 '' j # # ' •; l A • R1111,11111/ IO + # # ! A • �� #1111 11 i ! 60te nt fl ##ri ng n! "e r t ha n 30" (typica I b lackfloori ngat• Provide outlets alongperimeteroftent spacedati foot intervals 0 and exit of black flooring # f for <r .. compliance • attached. A/C 8hrs use • amp circuits available for any use) Page 374 of 675 C4 RENTS, INC. 440 L Tall Pines Road W.P.B., FL 33413 V -hone # 561-478-2525 Empty Parking Lot Invoice P2ge 1 Page 375 of 675 Due on receipt I V lie IRM 30x6O 30'x6O' White tent 8'tall @perimeter 990.00 990M 16'tall @ it tntlit Clear tent lights . 300 00 300.00 ;idbldr Set of double doors 450.001� 900.00 20x8wh 2Ili, xB'White sidewall 30.00i 330.00 tntflr Tent Flooring 30'x6O'x6" 2,400. 00 2,400.00 J ac/gen A/C W/generator 2,300.00 2,300.00 fuel Fuell8hrs 300.00;11 300.00 ac/gen Sub panel w/distribution box 895.00 895.00 AOX10 10'xlO'White Tent 105M 210.00 tntlit Clear tent lights011 45.0 90.00 tnfflr �'Tent Flooring 1 O'xl O'x6" w/handM' icap 1! 140.M 280.00 ramping latpan Lattice panels 20.00 320.00 tntprmt Tent Permit/ Inspection date 02-01-17 200.00' 400.OFI tntlit Uplights 15.0 0�! 150.0& clplght Clip Light 10.00 50.0r,L 8tbl 8' Banquet table 8.25 41.25 90x1 56 90x1 56 Tablecloth black 18.00 90.00 2'x2'sqbx 2'x2' Square box 15.00 180.00 Food court P2ge 1 Page 375 of 675 C4 RENTS, INC, Invoice 440 L Tall Pines Road W. P. B., FL 33413 Phone # 561-478-2525 Fax # 561-478-2536 E-mail c4rents@comeast.net Bill To Ship To City of Boynton Beach Empty Parking Lot 100 E.Boynton Beach Blvd. NE corner of E.Ocean & Seacrest Boynton Beach, Fl 33435 Debby Coles-Dobay 7 T-16 I -K, 77 '. S. Due on receipt 1/3112017 C4 Rents 2M2017 'ROM 6 inn 8 1 O 1 O'xl O'White Tent 105.00 840.00 17 8'tbl 8' Banquet table 8.25 140.25 32 1' 60"xl 20" Banquet tablecloth black 11.00 352.00 84 whcon White contour chair 1.50 126.00 Amphitheater 25 whcon White contour chair 1.50 37.50 10 span Spandex black 11.00 110.00 Greenspace 1 10x10 10'x1O'White Tent 105.00 105-00 6 6'tbl 6' Banquet table 8.00 48.00 1 del Delivery/pick up service 80.00 80.00 1 20x4O 20'x4O'White tent 440.00 440.00 12 bench 8'bench 10-00 120.00 30 ctrk Cable covers 15-00 450.00 1 lbr Labor table and chair set up & 100-00 100.00 knockdown 3 3x1Opkffn 3'x1 0' Picket fence 15.00 45.00 26 1 00'extcd 100' Extension cord 9.00 234.00 2 tntlit Lighted exit sign 20.00 40.00 1 hanrmp Handicap ramp 500.00 500.00 Prices are for I day rentals unless otherwise specified. Prices do not include set up, breakdown, delivery, pick-up, or handling fees. Prices am for time out whether used or not. Subtotal $13,994,00 Delivery charges an for items delivered to and from location and do not include set up/breakdown of item. All items are to be packed in their respective containers, chairs Sales Tax (7.0%) $0.00 stacked, table legs folded, etc. All rental items are to be together, secure, and protected from the elements as received. Total $13,994M Clean up: It is the responsibility of the customer to rinse all china, glassware, flatware, etc. Linens should be reffige free and dry to prevent mildew and/or staining. Payments/Credits $0.00 Balance Due $13,994M Page 2 Page 376 of 675 2322 SW 58th Terrace Hollywood, FL 33023 Tel: 954-374-0169 Fax: 954-367-0840 'ki. 0 =V I mirmor-TICIE - M-1 Debby Coles-Dobay o.,-561-742-6026 c: 561-632-7992 I ME R41 PA1 " . 5 . . . . . . . . . . . . . . . . . . . . . . W=1 6 -12 -high) Provide CUSIDM outlets along pmmdff oftmt spaced at 8 foot iItervals '10'xl W White tents vAth 3 walls at entrance and eldt of tent with black tent flooring lWxIV w/ramps for handicap A/C w/generator 8hrs use (2-20amp circuits available for any use) Fuel additional Mrs eithff/or F)jel additional 24ha 'Generator to have white fencing around and enclose am to keep '24 Hour additional Fuel Ifnee&d for cold weather pafio heaters Spot lights that can be attached Wong tent ftme poles and light artwork Light Tower Lighting for front entryway check in location. 8 FT Banquet Table (seat 9-10) 9Oxl56 Solid Polyester Linen (Black) *Linens should be refuse fieafdried to prevent sWin/mildew* 2' x 2'x 2' Square box pedestals to display art TBD Permit Fee - Client is responsible fnr any permit fees such as but not firnitod bri permit nzatier service, application tees. Cheat understands that as Sunshine Tents & Event Rentals may pay for those fees at tfine of sewim and bill to cli :::: I IVA Estimate Oty I Rate I Total 1 MAO 900.00T 180 1.50 270.O0T 2 250.00 500.007° 1,800 2.00 3,600.00T 21 100.001 200.0OT 1,800 2.00 3,600.00T 750.00 750.00T 12 35.00 420.00T 350.00 350. T` 8.00 8.0ff 14.00 14.OOT 12 150.00 1,800.00T 1,000.00, 1,000.00 Page 377 of 675 M=� 2322 S"IT 58th 11 en'aco Hollywood, FL 33023 Tel: 954-374-0169 Fax: 954-367-0840 V17177-1-MITU. =1 8 Ff Banquet Table (scab 8-10) 90xl56 Solid Polyester Linen BLACK *Linem should be refim fice/dried to prevent stain/Inildew* White Plastic Folding Chairs 120- Solid Polyester Linen (Black) For high top tables *Linens should be refim fice/dried to prevent stairdinildew* 1zliver y and Pickup Sa-vice *m Estimate Ship To IMII LIZ emner of Seacrest Blvd. Ocm Ave. Rep Strike Date Event Date KR- Feb. 6 Mom 3-5 QtY Rate Total 6 75.00 450, T` 9 9.00 64.00T 8 14-00 112.00T 64 1.50 96.00T 12 12.00 144.001" 1 150-00 150.00T qmTmm $14,428.00 $0.00 $14,428.00 Page 378 of 675 QUOTE page 2 1of 2 PANACHE' CLASSIC' NT .2044348 Order 2 15 'I T iFNT RENTALS Daft 01- 2017 CPO LLC d Classic P Customer 615458 2009 NW 25TH AVE, POMPANO CH FL 33069 PH: 95dL971.8484 I WINW.CLASSICPARTYRENTALS.COM Printed by DFIELDS 123 E. OCEAN AVE THE CITY of BOYNTON BEACH ART IN PUBLIC PLACES ' BOYNTON BEACH, FIL 33435 I A : DEBBY COLE CE A L 100 E. BOYNTONT L BOYNTON BEACH, FL 33435 0 DIR:. SAME HI T ADDRESS EMAIL: L L.I! I C Day Date '1111me PO#. Ordered : DEBBY I !I® MON 01130 17 09:OD AM 09:TO 05:00 PM Order Descr- 2017 KINETIC ART Salesperson: DENISE FIELDS I 0210 017 12: T 11:59 Erdered by- DnELDS Pick- 017 09:00 AM TO 05,00 PM Telsoonad!: r c.o.a DELIVERY. -DELIVER TO PAVED PARKING LOTONNE CORNER OFSEACREST BL VD ju:: II PriceTia ! 30` .5` FIESTA I TE55 1, .00 1,090.010 1 I AZT SID LL 20° LI 7425 $567.00 i WATi-ER BARREL 55 GALLONWNT, 2 CANOPY DOUBLE LE FRENCH DOORS OSP �. 1__. .__._. — $695.00 $1,390.00 LIGHT, PAR BLACK /C .._._. $3125 $332,50 30 X 60 FLOORING 'AGE, BIL PANEL 4` $37.25 ,209.25 I - 1,540'- ASTROTURF, PER . FT. LAC 1,940.00 _4 ..C- ,-113 I 1 8 0 ITS D1,k, €11AST F, PER SO. FT. BLA&.10 -$180.00 _ L_ 2 TENT, 10'X1 , ECC FRAME 125,00 $250.00 .. L _ 3 , CEMENT WEIGHTS, 50 POUND .60 .50 5 C._a. SIDEWALL 4I` H A 10" W WHITE .50 $207.00 FLOORING FOR 10 X 10 TENTS 13 STAGE, SIL P $37,25 ,$484.25 I. 200 ASTRKOTURF, PER SO. FT. BLACK _.. $220.00 1 ' ITEM DISCOUNT FOR ASTROTURF, 40T4.IPF, PEP SO. FT. IT C -$A & . � .. _ .00 1 1AGE, BILJAX RAMP ! 1 OO $144.00 TABLES I "TABLE, 3" X 30" BANQUET $9.410 $72.414 _ -� I ISP TAKE TABLES CHAIRS INCLUDED _ ... _ ` F PL 49 CT L I IIS __ - L 12 T I_E, 30'� A 42' , L4 E PE4 EST LI INU $30.75 $309.00 ORIGINAL COPY Page 379 of 675 PATA C H E - 4+CLASSIC EVENT & TENT ii—NTALS U fltiloil WIA K;L. I `II TrATIAM CNNI LOA W.1 alyd zi RU I FnO• QUOTE ea 2 of 2 . ..... EVENT 204434.8 order 0002044348-18 Oste 01-16-2017 CUSIGMW 615458 Printed by DFIELDS 9,Wrro Domm"IFAID" Unit Prke Total Lwarffl-ty-in — — ----------------------- — ------ ...............m. (,HAI W243.20 CA F, RFESIIJ K)LDING BU�dk I §4 ITEM DISCOUNT FOR CKkIR, RESM FOLDING BLIACK -$1.80 11 4115,20 F - LINEN, POLY BLACK 90'X EXTM WKS 6 TENT, WX10XVill PEAK 24 CEMENT WEIGHTS , 50 P01 . ...... ...... .... I INVEWTORY PROTErTION ...................................................... I-1-1-1-1-1-1-1- -- GENERATOR, A/C REf,1TAL 15611 (SQ 1 $17,50 1- - - ----------------------------- $1,40 -AN TE" `X L 11 PEAK �5 _0 J� '0 $8-60 $206AO 0 F-CONOW UAN $140�00 $840,00 '7 L T E 4 C TL JND ................................... .,I PLAN CREDIT N�ii To MW ].DEL I�RYIPI CK -Uig CKARGE 1 -$,8,500 swou 11 11 ICHARC , '0,00 q0,W I HARGE 2;'00 SL —12 I IWENTO-RY PRM-EC110JN PLAN RENTAL TOTAL: 16,624.04 SALES TOTAL: .00 MISC. TOTAL: 105-00 SM.011SWUNT( 20.00%): -2,576.77 OTHER DISCOUNTS. -315.20 TAX TOTAL: 871.86 INVOICE TOTAL 14,70&93 PAYMENTS/ CREDITS: .00 BALMCE DUE: $14,70403 CANCELLATION POLICY. Arry rental items, excluding special order items, cancelled 24 hours prior to the delivery date are not subject to a restocking charge. will I e sublected to a restocking chama1LcanaW-W km han 7 days prior to the scheduled delivery date.A 100% restocking charge will apply to any rental equipment (including linens) loaded onto the truck and in transit. No credit will apply to items that are delivered or set up. *Re-Stocldng Charges for Garpet/Turf. - 100% charge if carpettturf is loaded on truck and has it warehouse - 50% charge if carpetiturf is loaded on truck but has not left the warehouse - 25% charge if corpeftrf is cancelled 24 hours in advance - No charge if carpetfturf is cancelled 48 hours in advance WOTE POLICY Pricing valid for 30 days from the date your quote was R. I. TERMS AND CONDITIONS *04 # �Iz I Wr 10 OUF W,7M IL9I 5 1 Li1I i M0 I 14 1 O. t F r 1 .1 11 J'J ul I I F I F -x it *111 T1 U'] i I f. I C t,l I I I i --'J I Ik. 1•UOTE#., 0002044348 CusL#:t OFIELDS 011%0=701.491211111 ORIGINALCOPY Page 380 of 675 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 P.O. #: 170780 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 02/08/17 SHIP TOe TO: MI TREE CARE INC City of Boynton Beach 1127 SOUTH EAST 2ND ST. PUBLIC WORKS DEPARTMENT BOYNTON BEACH, FL 33435 222 N.E. 9TH AVENUE BOYNTON BEACH, FL 33435 EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1,00 RA (5) OAK TREES AERATE AND ELEVATE 1410.0000 1410.00 TO 10-12 FT (2) OAK TREES AERATE; AND ELEVATE, ONLY TO 2 6.00 EA PLAYMOUN.-D., F�QXTATL -ki TIN "m 'TR M 15.0000 90.00 FACZ:dVERlTANJ31XC m m COLT� m... -T., ....... 3 2.00 EAUEEN PALM 60.00 4 2. 00 EA A RE C AL". PAIR R 180-00 DEAD !DO. CLEAT -Y OUT 66�PLETEL 5 1.00 E -G,"CA STUMP A -7 -ND ARE. 0 80.00 6 1. DO EA::-:,.�'-�b-9qANI C. P.T. S P08.n. FEE.. : ....... I , G 160.00 . . . . . - . . , . . . . . .0. Di , HlPPER,SM GRIVDER'4M8H R C ��!Kl:LAUREL HILL PARR 515 NW 7TH: AVE; PROCUREMENT SEWCE& ACCOUNT NO. 001-2730-572.46-9B WTNIFfSro-A M -7 1 P.O. TOTAL: PURCHASING Page 381 of 675 Date., —43 Ll 1 -1 Requesting Department: Contact Person: 6-rLsAia,,�- 4ft L�- U I'Recom—mended Vendor Source for Purchase (check and attach backup materials): Three Written Quotations ZJ GSA State Contract PRIDE SNAPS RESPECT Piggy -Back Sole Source Emergency Purchase Other Contract Number. NOTE: Pddng proposal for purchase must be presented In the same detail contained vAthin the contract 07,77411 7777TVIRMPT15YA Page 382 of 675 a 0 aim 11 I 1 14W cq N 00 00 �E4. I I OT41 i C; : 0 q I p QA I r4 >1 IrIcorl IOVA cn P� ka 0 -IF to AN 1 Co 0 1 10 0 rq gh w OD co1 1 rq -i rd HI a 0 0 000 a 0 0 0 000 N no: 6 0 a Q Q M coo 10 ra 00 C� 0 0 w 0 1 . H 9" M to F4 1 Ln C; H a I rq �4 W E4 Ow UO C3, , rq. I E-1 C2 1 10 pq O%mLn I Hrqcq 0 1 1 I 10 E4 N H I 9 Q I H eq r-3 EI F4 N pq Z Ix Qj P4 I .. .. '0 H Ln I! Aj C44 am N N 9x Ix MW 0 me CA 0 ED 41 it dt B NH B AN R MOP RR W04 W16 MM Mm OMM II'M OD W A -49I M Ch a all D %D w 1,11 14 I Mtn Ix "49 002 I 9Ar- I .1In W ;n CIO, 9 1 D40 E4 14 E. p E4 Q 4 �Hj n ain N N E_. EIIURI RB 1" 4 A011 H E0—NOu M il 1110, f FIB a, 0 U coo Ow. mul- _Z 9R-4 pi C4 N I 0 t N a Page 383 of 675 & �2 02 ns t N a Page 383 of 675 F4 z O V d d d M M M ON N N car UH H ri rq UC C O O w rs10 Ln w i t Page 384 of 675 FROM: Date: 1 4244— *PRIORITY I DATE NEEDED BY: "it Copy Work - Number of Copies: Double -aided / Collated & Stapled DistrIbUtiOT: 11 Type from the attached / transcription tape / email (to be forwarded upon request) 0 Request for 121/Direct Pay Req. for the attached - Vendor or Person to be reimbursed: . Account Number: - ------- - — -------------- - -- Project No., :kequest for Requisition - Account Number: --2S— Project No.: List Items ti `r & Unit Costs on the back of this request. 0 Verbal Quotes ($500 to $1,999): Vendor: e (T cost* '&�u VendorTS&F-En _5 Costi� �5y? Vendor: hL_�z Costlla� Written Quotes ($2,000 to $9,999.99) - Attached. * Written Quotes ($10,000 to $24,999) w/Purchases over $10,000 Form -Attached. * Bid/City (Over $25,000).- Bid# * Bid/Other Entity (Over $25,000): Bid #, Bid Eff. Dates,& Bid Quotes -Attached. 0 File As: I Page 385 of 675 I l a n (iTree Care ;r Inc. SOUTH1127 STREET BOYNTON BEACH, FLORIDA a OFFICE i561-738-2801 CITY OF BOYNTON LAUREL R y PARK f y pi f + f 515 NW 7 AVE, NORTH I BASKETBALL COURT A TREES AERATE ! a FT DOT STAND4JI13 PLAYGROUND FOXTAIL PALM TRIM FACE OVERHANGING COURT QUEENPALM 2 CLUSTERS ARECA PALM REMOVE • , ., I Me CLEAN OUT COAPLETELY GRIND ARt MY + RIII11 f f1111111 + FOR M . CABLESPIPES SURROUNDINGBELOW THE SURFACE OR NOW it r 1 l r• am •01M 15.0 90.00 2 30-00 60.00 2 90.00 180.00 1 80.00 80.00 160.00 160.00 TOTAL $1,980.00 IM Page 386 of 675 Duffys Total Care Lawn Service, 10190 52nd Place South Lake Worth, FIL 33449 US 1k'" duffysiandscape@comcast.net ESTIMATE ADDRESS 1 •'S BoyntonCity of Forestry t Grounds Boynton Beach, FIL 33425 Please detach top portion and return with your payment. ACTIVITY, OTY RATE AMOUNT City of Boynton Beach Laurel Hills Park - 515 NW 7th Avenue (by Wendy's) North at Basketball playground 7 Oaks: 1,765.00 1,765.00 2 by the street 3 are large, the rest are average size Oak going towards the house - reduce branches Vehicular clearance of 15' over the street Lift over the court but not too much - hard prune them back over the basketball court Clearance pruning to about 8 to 10' over the grass 6 Foxtail palms - remove seed pods/fruit, cut 6 18.50 111.00 2 Queen palms 2 18.50 37.00 2 Areca palms (1 clump in Oak) - clean brown fronds, vine off, 2 250.00 500.00 clean up base, take selective tall stalks on stalks up in tree On all Are - dead out, tall stalks only that are hitting something, leave at least 25% of newer stalks Grinding of bamboo -1 piece of concrete in there 125.00 125.00 Vine off tree on our side 45.00 45.00 Signing this contract indicates acceptance for the above work at the stated TOTAL price. Reduction or changes of scope may increase the price. Pricing is based on normal business hours (M -F, 8:00am-4:00pm). We follow Palm Beach County Ordinance 87-15 Chapter 162 F.S: We cannot trim mon: During removals, root pruning, excavating, stump grinding and tree installations: Dut y's is NOT responsible for damages to wiring, irrigation, lighting that NoCuts cannot mark. We are NOT responsible for surrounding plants and/or sod that is damaged due to work being completed as contracted. It Is the responsibility of the HOA and/or homeowner. Page 387 of 675 r City of Boynton Attn. Glenda Hall PO Box 310 # !-t Mae J, 7 LAUREL IL PARK TREE PRUNING 515 NW 7th Ave supplies to complete the following: NORTH SIDE OF BASKETBAH COURTS: over hiardscave) over hardscape)**-Branches in wires over hardscape) PLAYGROUND, Foxtai , I Palm( Remove seed pods and crop low hanging branches) Queen Palm i 5.00 740.00 2 285.00 570.00 1 275.00 275.00 r1120.00 u 50.00 +'250.00 to 200.00 !r!150.00 1, 01 F411 f *,rWEN I AND Page 388 of 675 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 P.O. #: 170781 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 02/08/17 SHIP TO: TO: MIGNANO TREE CARE INC City of Boynton Beach 1127 SOUTH EAST 2ND S. PUBLIC WORKS DEPARTMENT BO TON BEACH, FL 33435 222 N.E. 9TH AVENUE SO YNT ON BEACH, FL 33435 PROCUREMENT SERVICES: tip' 7 F P.O. TOTAL, "#elf ACCOTJNT NO. PROJECT 001-2730-572.46-98 PURCHASING Page 389 of 675 EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 3.00 EA (3) PALM TREES FLUSH CUTTING 320.0000 960.00 2 1.00 EA HARDWOOD 65.0000 65.00 3 2.00 EA SMALL GEIGER!'- 4 5.0000 90.00 4 5.00 EA ENTRhNd r .0 25.0000 125.00 9&3 OTHER "VEGETAT I ON,"::, 5 1.00 EA C `0 io 0 0 0 0 30.00 6 1.00 EA ::::TRIANGLE ADONITI-A CHRIS -04m.. -25 0000 25.00 AIMS 3 DOUBLE 2 'N/b TRIPLE - SAJ3AL PALMS REMOVE ONER ....... ..T. !E CATION 7 9.,00 EA LIFT :STATION: SABAL.- PALMS 9&3,0: D. 0 225.00 oTli ......... . .. R REMOVE. m. :7- 4, 2 %ETATION ... ...... a 1.00 EX:% 4,6:- SEAQ1 wl. Q 540.00 9 1.00 -G9-EVN BUTTONWOOD 'G$ 10.0"o 0 ... .... . ..... 65.00 10 2.00 RA CAR - 5:5 - :;-00 0 0 130.00 11 1.00 EA .. ........ :gWWOOD . :0000 120.00 12 3.00 @.<STERS -:.-::S-lLV8R BUTTONWOOD X5.0000 195.00 13 1.00 EA GETOER>:' 65.0000 65.00 14 3.00 EA CLUSIA``-ROSEA 65.0000 195.00 15 1.00 EA SAW PALMETTO.:.,::: ....... 25.0000 25.00 16 9.00 F -A PICNIC SHELTER N SABAL PALMS 9 25.0000 225.00 A3, REMOVE OTHER VEGETATION PROCUREMENT SERVICES: tip' 7 F P.O. TOTAL, "#elf ACCOTJNT NO. PROJECT 001-2730-572.46-98 PURCHASING Page 389 of 675 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 P.O. #z 170781 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 02/08/17 SHIP TO: TO: MIGNANO TREE CARE INC City of Boynton Beach 1127 SOUTH EAST 2ND ST. PUBLIC WORKS DEPARTMENT BOYNTON BEACH, FL 33435 222 N.E. 9TH AVENUE BOYNTON BEACH, FL 33435 EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 17 2.00 FA UPPER E @ SHADE SAIL SABAL 25.0000 50.00 PALMS 9 & 3, REMOVE OTHER VEGETATION., ' 18 16.00 EA COCNUT-, PAS .,:-': 30.0000 480.00 19 1.00 EA '- SEAQW*:i-.'. LEGTN H Ot ".k1.00.0000 1100.00 WALKWAY 'AND ANGLE,"VACK 20 13.00 EA 9 &3,:REMOVE OTHER -$.0000 325.00 VEGETATION 21 18.00 EA ..CONCESSION COCONUT PALM. .3,0:49. Q 0 0 540.00 22 2.00 FA SA ]BkL PALMS 9 3, REMOVE OTHER .25 00.00 50.00 VEGETATION 23 7.00 EA"::::. 7:Zl-lADE SAl..L.N0 _R: COCONUT PALM R!.r 000 -3 .. . 210.00 24 2.00 EA. BASAL PALMS 9 REMOVE OTHER 45 :0040 50.00 '' - 6 VEGETATION 25 5.00 EA N(*tH END @ PICNIC: COCONUT PALM 3.O:.adbo 150.00 26 1.00 FA'"::: (3'J- SEAGRAPE . ........... .... 0>000 390.00 2. 7 1.00 EA .. ......... "MIDDLE' NORT14 CLUSIA-..'i ROSEA 6:5 !��'0000 65.00 28 5.00 FA PALM 0 0 0 0 150.00 29 1.00 EA FICUB.:::. :::;200.0000 200.00 30 62.00 EA SABAL.. ER., 25.0000 55 1 0.00 VEGETATION' 31 1.00 KA (12) SEAGRAPE:. 800.0000 800.00 32 3.00 EA SILVER BUTTONWOOD 40.0000 120.00 33 4.00 EA GUMBO LIMBO 65.0000 260.00 PROCUREMENTSE: e7 -AL, �P.O, ACCOUNT NO. PROJECT 001-2730-572.46-98 Page 390 of 675 PURCHASING PURCHA$E ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 P.O. #: 170781 BOYNTON BEACH, FLORIDA 33426-0310 DATE: 02/08/17 ZNZ1 !' � 1 'M - SHIP TO: TO: MIGNANO TREE CARE INC City of Boynton Beach 1127 SOUTH EAST 2ND T. PU13LIC WORKS DEPARTMENT BO TON BEACH, FL 33435 222 N.E. 9TH AVENUE BOYNTON BEACH, FL 33435 EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 34 2.00 EA (1) ADONIDIA PALM NIC COCONUT 30.0000 60.00 PALM (2)-ADONIDIA PALM NIC (2) 35 10.00 EA PICNIC$ ELTERS:SAB-AL. :90 25.0000 250.00 REMOVE:. QTHER::� VEGETAT 1.09.- 36 1.00 F -A :SE.A- 'g0.0000 90.00 37 17.00 RA L.;0000 TO W COCONUT -'K ...PA 510.00 38 3.00 EA "COCONUT PALM -ADONIDIA PALM (1) ...3 -Q7: -:o000 90.00 =t LE 1, SINGLE NSC 39 3.00 EX ... lS 240.00.WAGRAP8:. 40 1.00 E& Z! . WFZAPE ANGLE...CUT 7:BACK 4010--„:46b 0 900.00 41 1.00 EA %. :P'O-VUS IA ROSEA 6 5 0 0X10 65.00 42 1.00 F -A: FOCUS 2.6 0:.m �mq 0-:0 0 260.00 43 17.00 F -Am: .::.,::SASAL PALMS 90 REMOVE m m 215 Li0 0 0 425.00 V-Edtt!ATIbrN 44 8.00EA :.:C LM W .....0.00NUT. PALM AbON-11) A.:PA- 0 30", 000 240.00 DOUBLE,. .1. SINGLE 45 9.00 EA PARKING LOT. -:LOWFIR.... ADONIDIA': PALM 5.0000 45.00 (6) DotmL19..... 2 TRIPLE` SINGLE 46 3.00 EA COCONUT PAL- m... 30.0000 90.00 47 2.00 EA (2) SEAGRAPE LARGE 90.0000 180.00 48 11.00 EA S PALMS 9 & 3, REMOVE 25.0000 275.00 VEGETATION PROCUREMENT SERWEES: ACCOUNT NO. PROJECT 001-2730-572.46-98 PURCHASING Page 391 of 675 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 P.O. #: 170781 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 02/08/17 SHIP TO: TO: MIGNANO TREE CARE INC City of Boynton Beach 1127 SOUTH FAST 2ND ST. PUBLIC WORKS DEPARTMENT BOYNTON BEACH, FL 33435 222 N.E. 9TH AVENUE BOYNTON BEACH, FL 33435 EXTENDED LINE # QUANTITY UOM ITEM O. AND DESCRIPTION UNIT COST COST 49 2.00 EA GUMBO LIMBO ALL WORK IS TO BE COMPLETED BY FEBRUARY 28.,2-017 WORK WILL:NA ZD ,..N -81)TO ", : --8-E k. -D 1 TO ONLY T -1 PROCUREMENT SEWCES� 70.0000 91 �-- -�1�1110 =1140 WVAfJ914Z2-ZAFHM'Z-�X-! f 4 1 7 1 P.O. TOTAL. PURCHASING Page 392 of 675 Date: 1 � 1-1 I Requesting Department: TO Contact Person:- -inrLL Aecomme'nded Vendor. 9 M4, 11 nI', I MV `-Sit 171 V MM 113=11, MIT,i f'! Three Written Quotations GSA State Contract PRIDE SNAPS RESPECT Piggy -Back Sole Source Emergency Purchase Other Contract Number: Fund Source for Purchase: WNW Form Revised 02/01/02 ME Date Date Page 393 of 675 E- lk n lk 1 1 4 r 1 M ! 1 1 i 1 1 1 1 0 I I90 9 1� ® 9 o m c I I r� q I 1 eq N rl I 1 I 1 I 1 I' 1 I 1 � 1 1 I I I I 1 1 r I I I I I � � 19 a 0 19 0 'GA i es ra sa e� r 1 f9 P1n ng 0 0& 0 0 0 CS 1 �o ii i9d 19 0 qO 0 0 0 1 1 1 1 I I �z to 1 !w p 1 ro ri 1 1 �I 1 I I I H I 1 I E- I 1 � ip 0 1 r IU U I 1 1� 1 I 1 1 I 1 � 1 i I i i 1 1 1 1 1 I I i 1 r 1 r t 1 r 1 1 1 11 RE 04 114 Page 394 of 675 4 M Page 394 of 675 r r� ra H N ri O O PC N N E; a w W H 0 W A H o O O O O O O O O O O O O O O O O O O O O O O Om N O O 0 a6Y O b 0 m 0 a O O O O O 0 O N N an O N area ,-r �a ase �e m an u7 O N so se u7 €so ri N d' ri M m N H M H N m w ra N N Ln ri H x I. 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R,.WQ3: A-0 Vendor: r-�-"Cganroo, L3 13 File As: 0 OTHER: Special Instructions 111P1111 I gpil "1, 1111 Page 401 of 675 Mlignano Tree Care Inc. 1127 SOUTH EAST 2ND STREET BOYNTON BEACH, FLORIDA 33435 OFFICE 561-738-2850 FAX 561-738-2801 Name I Address 6415 N OCEAN BLVD OCEAN RJMGE #rz=g - M. 11 PPEA E @ SHADE SAIL SABAL PALMS 9 & 3, REMOVE OTHER VEGETATION COCONUTPALM • SABAL PALMS 9 & 3, REMOVE OTHER VEGETATION CONCESSION COCONUTPALM SABAL PALMS 9 & 3, REMOVE OTHER VEGETh-TIOV SHADE SAIL NORTH COCONUTPALM SABAL PALUS 9 & 3, lR110VE QT—W-.-lPGET-4,TT,# ill COCONUTPALM 3 SEAGRAPE MIDDLENORTH CLUSIA ROSEA COCONUT'PALM FICUS SABAL PALMS 9 & 3, REMOVE OTHER VEGETATION 12 SEAGRAPE SILVER BUTTONWOOD GUMBO LIMBO PLEASE SIGN TO WD1CATE YOUR APPROVAL. SIGNATURE: Page 402 of 675 65*01, 65.04 3 0_0 150.00 2 00_0 200.Ot 2 25.001 50.001to 16 30.00 480.0014. 1,100J 1 00.00v 13 25.0 325.00 18 30.01i 540.00 2 25.00 50.00 7 30.00 210.0016 2.1 25.0 50.00t Page 402 of 675 65*01, 65.04 3 0_0 150.00 2 00_0 200.Ot 2 5 .0 1,550.00 800 .00, 800.00 40.0& 120.00 65.02: 260.00 Page 402 of 675 Mignano Tree Care Inc. Proposal 1127 SOUTH EAST 2ND STREET Date Esfirnate # BOYNTON BEACH, FLORIDA 33435 OFFICE 561-738-2850 FAX 114 201 12670 Name / Address CITY OF OCEAN FRONT"A' 6415 N OCEAN BLVD OCEAN RIDGE -rates0 K M . , I' •1►1 :1 11 �! SARAL PALMS 9 & 3, REMOVE OTHER VEGETATION .�Emljl MLZ& WLEASE SIGN TO INDICATE YOURAPPROVAL. . .nwrow '�• Page 403 of 675 Rw G A CELL 3304... Descripfion' My te Rate Total 1 5. 65.0 SMALL GEIGER4:00 ENTRANCE 3, REMOVE OTHER VEGETATION 5 25.00 125.00 COCONUTPALM 1 30.00 30.00 TRIANGLE ADONITIA CHRISTMAS PALMS, 3 DOUBLE, 2 TRIPLENIC 5 0.000.00 3, REMOVE OTHER VEGETATION1 25.00 25.00 , LIFT STATION 3, REMOVE OTHER VEGETATION 9 25.00 225.00 to 6SEAGRAPE 540.00 540.001 GREEN BUTTONWOOD 1 65.00 65.00%. CARD SOUND 2 65.00 130.06- HARDWOOD 120.00 120.001, @ STEPS SILVER BUTTONWOOD 3 65.00 1 5. GEIGER 1 65.00 65.001 65.00 195.00 SAW PALMETTO 1 25.00 25.0 I' •1►1 :1 11 �! SARAL PALMS 9 & 3, REMOVE OTHER VEGETATION .�Emljl MLZ& WLEASE SIGN TO INDICATE YOURAPPROVAL. . .nwrow '�• Page 403 of 675 Mignano Tree Care Inc. 1127 SOUTH EAST 2ND STREET BOYNTON BEACH, FLORIDA 33435 OFFICE 561-738-2850 FAX 561-738-2801 C, I-I'Tri 6415 N OCEAN BLVD OCEAN RIDGE FiTT-M, =-, I F. 9 9 ICS S Proposal SABAL PALMS 9 & 3, REMOVE OTHER VEGETATION 10 25.00 250.00 SEAGRAPE 1 90.00 90.00 COCONUTPALM 0.011 30.00 0.00t, ADONIDIA PALM I DOUBLE, I SINGLE NIC 30.001 0.00 60.001 FICUS 0.00 260.00 0.001 SABAL PALMS 9 & 3, REMOVE OTHER VEGETATION 10 25.00 250.00 SEAGRAPE 1 90.00 90.00 COCONUTPALM 3 30.00 90.00 ADONIDIA PALM I DOUBLE, I SINGLE NIC 2 0.00 0.00i syelffit"MRSINFEW00 COCONUTPALM 17 30.00 510.00 SEAGRAPE 3 80.00 240.00 SEAGRAPE ANGLE CUT BACK 2 900.00 900.00 CLUSIA ROSEA 1 65.00 65.00 FICUS 1 260.00 260.00 SAAL PALMS 9 & 3, REMOVE VEGETATION 17 25.00 425.0Q COCONUTPALM 8 30.00 240.00 ADONIDIA PALM I DOUBLE, I SINGLE NIC 2 0.00 0.0q ADONIDIA PALM 6 DOUBLE, 2 TRIPLE, I SINGLE 9 5.00 45.00 COCONUTPALM 3 30.00 90.00 2SEAGRAPELARGE 2 90.00 180.00 SABAL PALMS 9 & 3, REMOVE VEGETATION 11 25.00 275.00 GUMBO LIMBO 2 70.00 140.00 FOR STUMP GRINDING: WE ARE NOT RESPONSIBLE FOR WIRES. CABLES OR PIPES BELOW THE SURFACE OR SURROUNDING PLANT MATERIAL. WrOwli", -'NlilglK*llll"llll 1144401griji 111i", 14K#ii% I WIN LION] ZRIN oil W.1,01CIVIO 1mmwTA a 21 V49.4 7-610W.11 I 19151wiNy LARallu I IMI 0 1-YA41 go - 100 00"INIFEE= of 675 Hall, Glenda From: mignanotreecare <mignanotreecare@bellsouth.net> Sent: Monday, January 23, 20171:48 PM To: Hall, Glenda ® Re: Attn: Ron Attachments: OCEAN FRONT PARK.docx Attached is picture of 3 palm trees ' P I believe you are referring to flush cuffin The cost would be $320.00 eacN. Total =$960.00 Please feel free to contact us with any questions. R"ll Mel, I M Mignano Tree Care Inc. 1127 SE 2nd Street Boynton Beach, FL 33435 561-738-2850 From: "Hall, Glenda" <HaIlGQt—bfl.us> To.- "Mignano Tree Care Inc. (mignanotree—c—a—re--U@)bellsouth.n ty' <rni nanotreecarep bel I _south.net> Sent: Monday, January 23, 2017 10:01 AM Subject: Attn: Ron Ron I was just at a meeting at Ocean Front Park. Three coconut palms need to come down instead of being pruned. They have easy access (immediately south of the concession building) and are about 25 feet tall. Flush cut. What would the cost of this be when doing the pruning at this site? Thank you Glenda 1 Glenda Hatt Forestry Ot Grounds Manager Public Works, Engineering City of Boynton Beach 100 E. Boynton Beach Blvd. I Boynton Beach, Florida 33435 o: 561-742-6228 HaL[G@bbfL.us I www.bqy[!�� Page 405 of 675 Page 406 of 675 Provided For: City of Boynton Beach Attn: Glenda Hall 100 E. Boynton Beach Blvd Boynton Beach FIL 33435 ..... ...................... .... . . . ... 5617426228 ORLI ZIMMERMAN DUE UPON CEIPT " "W' "1111r-11 . . .. . . . ..................... RE: • FRONT PARK, 6415 N. OCEAN BLVD . . . . . . . . Accepted By: Date: As a tree care provider in Palm Beach County for 35 years and an accredited company recognized by the Tree Care Industry Association, we thank you for the opportunity to present this proposal. Proper pruning is essential in developing a tree with a strong structure and desirable form, Trees that receive the appropriate pruning measures while they are young will require little corrective pruning when they mature. In order to make trees less susceptible to breakage and being uprooted, thinning is an important activity in proper tree care. This kind of procedure is ongoing since only 25% of the overall canopy of a tree can be removed in a year. We will begin the process to selectively remove limbs in order to provide for sunlight and wind penetration. Moreover to make the trees more resistant to hurricanes and wind damage. It is also important that we clear lights and buildings as well as raise trees to a height of at least 7 feet. Scope of work to be followed as provided in pages 20 & 21 Clean up and disposal of debris. Sincerely, Orli Zimmerman 561-703-0379 cc: hallg@bbfl.us Page 407 of 675 Hall, Glenda From: Orli Zimmerman <orli.zimmerman@gmail.com> Sent: Monday, January 23, 20171:34 PM To: Hall, Glenda Subject: Re: Ocean Front Prk NMI On Mon, Jan 23, 2017 at 10: 00 AM Hall, Glenda <HgILQ@,bbfl.us> wrote: 1' was just at a meeting at Ocean Front Park. Tbree coconut palms need to come down instead of being pruned. rhey have easy access (immediately south of the concession building) and are about 25 feet tall. Flush I , - Page 409 of 675 IA SEEM--- I Hall Forestry Ek Grounds Manager Public Works, Engineering City of Boynton Beach 100 E. Boynton Beach Blvd. I Boynton Beach, Florida 33435 o: 561-7426228 Hall G Dbbft.us I www.bpynton- [Ef- 2 Page 410 of 675 f f k. 10190 /' Place South Lake Worth, FL 33449 US (561)433-0095 ESTIMATE a D D S City / Boynton Forestry /Grounds BovntonBeach Blvd. Boynton Please detach top portion and return with your payment. ACTIVITY Location: Ocean Front Park 6415 North Ocean Boulevard Boynton Beach, Florida Trim up all trees per list. Now that the sails are up, it is going to take more time on Seagrapes and Coconuts there. We understand the top parking lot will be closed at 2 different times so that our trimming can be done. The bottom area is no problem. Palms will be trimmed at 9-3. Hardwoods will be thinned out and out off lights and buil ding. Seagrapes will be trimmed accordingly to code. Glenda will direct on the trimming there. Trees on upper deck- Coconuts will have to be climbed. Note: If work approved- give list to the crew Signing this contract Indicates acceptance for the above work at the stated TOTAL price. Reduction or changes of scope may increase the price. Pricing is based on normal business hours (ren -F, 8:00am-4:44pm). We follow Palm Beach County Ordinance 87-15 Chapter 162 .S: We cannot trim more than 25% off of any tree within a given year. a RATE AMOUNT 14,995.00 14,995.00 During removals, root pruning, excavating, stump grinding and tree installations: Duffy's is NOT responsible for damages to wiring, irrigation, lighting that NoCuts cannot mark. We are NOT responsible for surrounding plants and/or sod that is damaged due to work being completed as contracted. it is the responsibility of the HOA and/or homeowner. Page 411 of 675 Hall, Glenda From: duffysiandscape@comcast.net Sent: Tuesday, January 24, 2017 4:14 PIVI To: Hall, Glenda Subject: Re-. Ocean Front Park change in pruning request EE1900= I was just at a meeting at Ocean Front Park. Tbree coconut palms need to come down instead of being pruned. They have easy access (immediately south of the concession building) and are about 25 feet tall. Flush cut. What would the cost of this be when doing the pruning at this site? 10, Glenda Hait Forestry & Grounds Manager Public Works, Engineering City of Boynton Beach 100 E. Boynton Beach Blvd. I Boynton Beach, Florida 33 o: 561-742-6228 HaUG@bbfLus I www.boynt n-beach.or-e M=1 email addreSSeS are pumic recoras. i tivi vive w, J0 - - - Page 412 of 675 PURCHASE ORDER CITY OF BOYNTON BEACH. FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. #: 170791 P.O. BOX 310 BOYNTON BEACH, FLORIDA 33425-0310 #i\©: 02/10/17 PROWHEMENT SEWCES: ACCOUNT NO. PROJECT 401-2816-536.46-51 UT*e«+22+ , /, -- I P,O. TOTAL' pgffiww� Page 413 of 675 1 rt I I 1 I H 1 1 i 1 la �'affi; ibe1 I Ihj I 1 1 I m 0H pJ Go 1 fj0 I M H Ol YI 1 1 ti I 1 H W t 1 01 1 f� I •• to Fl I y 1 1 I 1 1 + I I H w 14 p U-3 1 t4 Id H H H 63 1 RM OF I q V I I 1 H R i WJ I 1 I I m In I I hI 1 y 03 ., 1 I H td I Hi I i r�y I F' I Pj W 0 rA H H 1 z I 1 H .. 01Im t j I H 1 IW 1 H ILai Y 1 pj 1 i O r3 1 ra 1 UI 1 H I I i 1n DI iH ybjIn 1 1 Iy 1 Lv 1 1 1 r I I H tv i 7 1 1-J I 1 e3 C1 1 +3 1 1 1 4n J t7 H 1 O Ci I I Ibd 1 (A 1 I 1 1 1 I 1 1 I I 1 � 1 I 1 1 1 1 1 bd 1 1 0 I 1 H I 1 i 1 1 I 1 1 bd I?a I t � I 1 J 1 I I 1 I Im � I 1 I I LAS N •� 1 i N N Page 414 of 675 Date: 7 -Feb -1 7 R . equesting Department: Utilities/Wastewater Pui Contact Person: Jim Hart I! Explanation for Purchase: Install and replace the media and carbon in ZABOCS odor control system at Master Station #317. We have an increase in odor complaints from that Master Station. LR�ec:ornmended Vendor Evoqua Water Technologies • Source for Purchase (check and attach backup materials): Three Written Quotations L—j GSA L—j State Contract PRIDEIRESPECT L—j SNAPSSole L—j Source =X Piggy -Back Budgeted Item Emergency Purchase Other Contract Number: NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. For Revised 02101102 Page 415 of 675 REASON Q : Install and replace the media and carbon in the Zabocs odor control system at Master Station #317. VENDOR INFORMATION. DI I I : OTHER INFORMATION, 1 Name.- VOQ U Admin.. hate: 2/7/2011 I S l' � ) Address: 2650 Talle ast Road Construction ( € Ne : 2014/2017 Confirm. � ) Sarasota, F1 34234 Cost. Rel. ( �._ ASAP/Coal; Distribution BACKUPDOCS. DELIVERY: SUBMITTED: Phone (contact): Charles Maltby _ "mater Qual. Q otes0 bal ( E. cl ii €� ( K SQa 800-345-3982 Pumping ( ) Quotes/Wratten E. WTP 41 (over 200 Vendor rNumber: 14035 PWrreat. id ►cans. __- Meter Se . ) Scale Source Ltr. (X) P/U 99) INITIATOR: Jim Hart Sewage ( ) Insurance ( Special Instructions: Re . e eats: APPROVED: � Istrmwtr, S Ps/GS i =bac% Project Number- . nit fic t ori tion Number 1a t 1 � rrzt 1 19675.00 ZABOCS lower and upper bed media 401 2816 536 46 51 19675.00 service at Master Station #317 Page 416 of 675 UdUdes Deparonent 124E. WoothrightRoad Boynton Beach Florida 33435 Phone (561) 742-6400 FAX (561742-6298 QUOTATIONS ITEMS REQUESTED: ZABOCS media bed service L reloWly 10418 V go %TOM 14NO 71. QUOTE: VENDOR #3: DATE: PHONENUMBER: QUOTE: WOKOM 2/7/2017 Charles Maltby 800-345-3982 $19,675.00 � �065W I �%I, III "Lim 109 LAW11 1 101 Page 417 of 675 evoQUA WATER TECHNOLOGIES January 31, 2017 Mr. James Hart City of Boynton B- 0B 0B310 Boynton Beach. FL 33426 Phone: (561) 602-9123 Email: hartj@bbfl.us ZABOCS6 LOWER AND UPPER BED MEDIA SERVICE BOYNTON BEACH, FL Evoqua Quote No. Q170127EW1 Thank you for your interest in Evoqua Water Technologies. Evoqua would like to submit the following proposal to provide and install replacement media and carbon for your ZABOCSO Odor Control Systems. MEDIA The ZABOCS61 units shall be packed with Bioglas', a foamed glass media, which will serve as a substrate for growth of the biologically active lower bed. All carbon provided shall be VOCARBI 36C Carbon by Evoqua Water Technologies LLC. VOCARBO 36C shall be a virgin, pellefized carbon derived from selected grades of coconut shell suitable for the control of sewage odors. PRICING Ipwr Rwwx;;� Tel: +1 (800) 345 3982 Fox +1 (941) 359 7986 www,,svoqua.com Page I Of Page 418 of 675 UNIT CARBON COST, CHANGEOUT SERVCE2 ZB-4000 $930. ZB-5000 $1,500.0 um ZB-7000 $2,900-00 ZB-7000 11 7S fif, 1375 Rwwx;;� Tel: +1 (800) 345 3982 Fox +1 (941) 359 7986 www,,svoqua.com Page I Of Page 418 of 675 Should a purchase order result from this proposal, please return the entire proposal, signed where indicated below, and address the order to: 2650 Tallevast Road Sarasota, FL 34243 This price associated with this quote will remain in effect for a period of ninety (90) days. If we are not in receipt i,f an order by the end of this firm price period, we reserve the right to modify the prices quoted. TER -11T5 "-fflym�- M11111111111111111 11111111111111111111111111 IIIIIIIIIIIIIg �� 38� Charfes 9ldaft6y Charles Maltby RE, OZABOCSS LOWER AND UPPER BED MEDIA SERVICE BYNTON BEACH, FL Evoqua Quote No. Q170127EWI shed.whalen@evogua.com or via fax to.- (941) 359-7985. 0170127 Page 2 & 2 Page 419 of 675 112777,79MAKilb Boynton Beach l i . -. City of Boynton Beach 124 E. Woolbright Road Boynton iBeach,r L r «! 441 SOLE SOURCE 1310GLASO AND FACTORY1, Dear Mr. Had: Evoqua Water Technologies LLC (formerly Siemens Water Technologies) is the sole source OEIII provider of service, parts and a , contracts on our of blofifter systerns. includesthe ZABOCSO 3 WHISPERTm linesa exclusively at our i+ ffi- We maintaindedicated, experienced a certified service staff forpurpose. �� «� s F . • ,� a. ! - . r . iand ofner patents pending. a :k1luluxib,:!,! r, •r• i� r 1a- of !qTechnologies If you have any questions or need additional information, please contact me at 941-58"813. Sincerely, Evoqua Water Technologies C Charles Maltby Technical IRepresentative Tallevast Row Tele +1 (OW) Swawt% FL 34243 USA Far +1 (941) 359-7986 Www.evoQua,win pageldl Page 420 of 675 Hart, James From: Charles L. Maltby <charies.maltby@evoqua.com> Sent: Friday, February 03, 2017 11:17 PM To: Hart, James; Peck, George Cc: Paterniti, Joseph Jr.; Johnson, Tremaine Subject: RE: Zabocs units repack quote * Delivery of the media to the job site * Removal of the lids * Inspection of internal supports, spray nozzles, irrigation system and media supports * Installation of the media and carbon * Start up and testing * Follow up visit to confirm optimization From: Hart, James imailto:hart@bbfl.us Sent: Friday, February 03, 2017 8:53 AM To: Charles L. Maltby <charles.maltbv@evogua.com>; Peck, George <oeckg@bbfl.us> Subject: RE: Zabocs units repack quote Charles, At this point I believe that we are just going to do the Zaboc unit at Master #317, Before we proceed with a purchasz, order what is included in the Change out service charge of $4850.00? James Hart, Assistant Supervisor Utilities Boynton Beach Utilities City of Boynton Beach 124 E. Woolbright Rd. I Boynton Beach, Florida 33435 o: 742-6422 tart@bbft.us I www.bpnton-tggqh.o )L ----q Page 421 of 675 From: Charles L. Maltby [mailto:charles.maltby0evo ua.co Sent. Wednesday, February 01, 2017 2:21 PM To: Hart, James; Peck, George Subject: Zabocs units repack quote MENNEN - Charles Maltby Technical Sales Representative Evoqua Water Technologies LLC 2650 Tallevast Rd. Sarasota, Florida, 34243; USA Tele phon elMobile: (941) 586-8813 Main Office: (800) 345-3982 (1 do not have an office or telephone extension at this number) Email: charies.maltbv -evoaua.com www.evoaua.com The information in this email is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material protected by state and federal law. Any review, re -transmission, dissemination or other use by other persons or entities is strictly prohibited. If the reader of this message is not the intended recipient or an agent responsible for delivering it to the intended recipient, please immediately no* the sender and delete the material including anyattachments in any form and from any computer. Page 422 of 675 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 P.O. #: 170794 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 02/13/17 SHIP TO: TO: LAYNE CHRISTENSEN COMPANY City of Boynton Beach 1800 HUGHES LANDING BLVD. EAST UTILITY ADMIN THE WOODLANDS, TX 77380 124 E. WOOLDRIGHT ROAD BOYNTON BEACH® FL 33435 PROCU RPM ENT SER VICES: LTEA AO. EK111D DESCRIPTIOA I0jbm*dK0[*Rm ACC04NT NO. 401-2811-536.49-11 P.O. T -0 -FAL IL I I AM PURCHASING Page 423 of 675 Chris, During the video survey performed on injection well lW-1 at the West WTP last Thursday, February 9,2017, the MIT b_in&nver a substantial interval of the 2,700 feet of casing. Scale reduces the diameter of the casing and increases the frictional resistance to fluid injection, which may create pressure increases at the wellhead and operational inefficiency (or inoperability) over the long term. Da Z= W 96 1 MA YRJTOV1"TMZ - IMF. V UMVJ methods include air development, jetting and acidization if well capacity is not restored. W run a post -brushing video to assess the results. Gerrit R. Bulman, P.G. Senior Projea Manager D 1954 513 1509 M 1954 415 2985 ro—KNA Page 425 of 675 *AV I I 'A I I, t RAL r . IF 0 11 Y February 14, 2017 Rif 1" 0 iNtAt, NT 717,71114 Mechanical Integrity Testing of the Class I Industrial Injection Well IW- I at the City of Boynton Beach (CITY) Membrane Softening Water Treatment Plant Proposal for brushing Mt - Layne to finmish all labor, equipment and materials to perform the brushing of the injection well to clean FRP cuing. Brushing of well . $8,900.00 Additional Video survey if requested $4,000.00 Additional mobzation 7 demobzation if required�. It 75D - 0"t brush for this well. We will advise soon as we receive this information. Scheduling this activity will be tependent on brush delivery Layne Christensen Co. looks forward to providing the City of Boynton Beach with services and solutions that include but not limited to Water Supply, Chemical Rehabilitation of wells and Repair & installation. rl-� 4a-,--7VJ Craig Brugger, Opmbons Manager Layne Christensen Company WATER RESOURCES Page 426 of 675 Iflate: 14 -Feb -I 7 a Requesting Department. Utilities Contact Person: Chris Roschek P717M - Uontract Number: CHANGE ORDER No. 1 NOTE: Pricing proposal fbr purchase must be presented in the same detail contained within the contract. ;st City Manager ,ty Manager Page 427 of 675 WAIIN ifii&Ffiht • FNFRG� Febmary 14,2017 Leon Liberus Chief Operator I i! -6 U*7 ; IJ . N Re: - Mechanical Integrity Testing of the Class I Industrial Injection Well IW- I at the City of Boynton Beach (CITY) Membrane Softening Water Treatment Plant Proposal for brushing rorpFir I Layne to finnish boequipment and materials to perform the brushing of the injection well to cleaI FRP casing. Brushing of well. $8,900.00 Addonal Video survey if requested $4,000.00 Additional mobzation 7 demobzation if required. $.5340G-.1 1f7S-0� 04 Pi specific brush will need to be procured and we are currently researchUg mes IYUM-7pm-Fil brush for this well. We will advise soon as we receive this information. Scheduling this activity will be tependent on brush delivery. Fayne C16stensen Co. looks forward to providing the City of Boynton Beach with services an? 9,,Lb#1tL,r _lHater SMI& Chewical chabtation of wells and Revair & I for , I ft -l", Layne Christensen Co. is an Equal Opportunity Employer and a Drug Free Workplace. Please refer ty tur safety website, wwwj"nesafety.i o review our policies and our commitment to safety. pil lip 11111pill!I11! illi��l� I 4 rt KRY, Mw am, P� P -V 46 141� M - = � M I: , I I I &;, 11, IT � 111 I �� Page 428 of 675 Roschek, Christo er From: Alibrandi, Julianne Sent: Tuesday, February 14, 2017 5:27 PM To: Roschek, Christopher Cc: Pigott, Bevis Subject: RE: Mechanical Integrity Testing - Deep Injection Well Attachments: Request for Purchases Over $10,000 - Change Orderxlsx Tim has the request for Change Order and has requested a Request for Purchase Over $10,000. 1 have typed one up an -Y if you would sign or have Colin sign and return the signed form to me. Then I can do the change order tomorrow. Thank you! Julianne Allbrandi Senior Buyer Financial Services City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, Florida 33435 %* 561-742-6322 ED Alibrand!J@bbfl.us i http://www.boynton-beach.org/ �r 1!!I1nUr=U'1FE1&zM= From- Roschek, Christopher Sent: Tuesday, February 14, 2017 4:40 PM To: Alibrandi, Julianne Cc: Pigott, Bevis Subject: Mechanical Integrity Testing - Deep Injection Well imirow ui CnZilt Am. IcUMMEHU below. Page 429 of 675 om Christopher Roschek, P.E. Engineering Division Manager Boynton Beach Utilities City of Boynton Beach 124 E. Woolbright R. I Boynton Beach, Florida 33435 561-742-6413 1 561-742-6298 E'a roschekc@bbfl.us http:www.boynton-beach.org/ 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. col Sent: Tuesday, February 14, 2017 4:24 PM To: Roschek, Christopher <roschekc@bbfl.us> Cc: Pigott, Bevis <F:igottb@bbfI.us> Subject: IW -1 MIT -- brushing and video Chris, last Thursday, February 9, 2017, the MI During the video survey performed on injection well IW -1 at the West VVTP T I RU71A_ r, La"kvine Christensen recorded scale 1,ibuildup on the inside of the fiberglass tubing) over a substantial Intel of the 2,700 feet of casing. Scale reduces the diameter of the casing and increases the frictional resistance to fluid injection, which may create pressure increases at the wellhead and operational inefficiency (or inoperability) over th long term. I The composition and cause of the scale are unknown, but the video indicates that brushing couid be effective in M1fUAQg_L RIM Ueppunt Ais not uncommon in kajpL - injection wells around the state. Brushing is typically the first—and most cost effective-- method of rehabilitation. Other methods include air development, jetting and acidization if well capacity is not restored. My recommendation is to proceed with brushing while the drilling contractor is on site performing the MIT work and to run a post -brushing video to assess the results. Gerrit R. Bulman, P.G. Senior Prqfect manager 0 1954 513 1509 Page 430 of 675 PVRCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT DEPARTMENT ■ a ;; EAST BOYNTON BEACH BOULEVARD BOX 31 Q P.O.170843 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 02/27/17 SHIP TO: TO: B & H PHOTO VIDEO PRQ AUDIO City of Boynton Beach 420 NINTH AVE POLICE DEPARTMENT NEW YORK, NY 10001 100 E. BOYNTON BCH. BLVD. BOYNTON BEACH, FL 33435 PURCHASING Page 431 of 675 EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 3.00 RA ARMASIGHT SPARK MULTI PURPOSE 455.0000 1365.00 NIGHT VIS VENDOR ITEM NO.- ARNVMSPARK 2.00 EA LEUPOLD I,TORACZ„ , 565.0000 1130.00 MONOCULR VENDOR> I NO.> = LELTOT'IB 3 1.00 EA TORA-EY:T12'M 50 DEG 539.0000 539.00 .FOV VE0D 0 ITPA. NO .;: _tbTPT12MQ3 4 1.00 EA TaRR Y: TIZ2 W :1:2.5 D EOV 59 .0000 692.00 VENflfR .ITEM NO. -. OTP''12Wa5 .. 5 1. 00 EA: ANT TjBB3 HAM DRIVE_ . i7 C' K 2:.: tks00 22.99 VE1TL?OR : IT NO,, - SAD UBLK 6 1.00 EA -:H0' kEYWELL -:DVR 2 : 0 269.00 UE=0R ITEM NO - WBROX81. . 7 2.00 EA FI IR : MPX HD' RECORD E9 10 8 Q P l fi:? 0 Q,4 0334.00 .. VENDOR ITEM: 0.. FLM3104EI 8 1.00 EA= ki'b NYX CELLULA�jZNABLED , S'M 7 5 0 1 3 ® 0 0 1039-00 CAMERA VE NaR ITEM NO•= RESM76O VZN 9 1.00 EA ,TORT AIM PRO ADVANCE 459.'D000 499.00 2 .T.EGRA.TED: ' V$NDI19M.. NO . - ARAI:MPA.IMP 10 1.00 EA ARIAS1GHT..:�PAR� xN.V :'Oil �QRE 6. 29.0000 629.00 NIGHT ;#ZSI{3N VENDOR :IT f NQ,. -: AF NGCI O 11 3.00 EA TP LINK 300. MBP'. WIFI P4CiE2`;AP 34.9900 104.97 TV ADAPTR VENDOR ITEM NO.- TPTLWR810N 12 3.00 EA ASUS AC 1900 DUAL BAND WRLS 153.0300 459.09 GIGABIT PROCUREMENT SE'RV'ICES. 3 P.O. TOL: ACCOUNT NO. PROJECT PURCHASING Page 431 of 675 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICE$ DEPARTMENT I QO EAST BOYNTQN BEACH BOULEVARD P.O. BOX 310 P.O. #: 170843 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 02/27/17 zwz�M, SHIP TO: TO: B & H PHOTO VIDEO PRO AUDIO City of Boynton each 420 NINTH AVE POLICE DEPARTMENT NEW YORK, NY 10001 100 E. BOYNTON BCH. BLVD. BOYNTON BEACH, FL 33435 EXTENDED LI NE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 13 3.00 EA R%. X ASSUS AC 12P.Q.' -�AP. -M9-pIA P 95.9900 BRIDGE .... . .. VENDOR. .. 14 3. 00 EA SEAGATE kiRCH.I.VVE: M6 -m-2.59.0000 VENP i- ST8000' 15 1. 00 EA TION 2-99. 9 9 0 0 NO. SY 216P11 . L. x- 16 5.00 EA M LINK HOME MYDL'TNk. -WIFI:": WOMP, ITEM NO DLDCH -SO 17 2.00 EA CT m Bm�-4:/SP .400-0 OO 0 VtNDOR ITEM N6. Aldl§21 18 2.00 FA M -REX. POE T IP CAMERA 0 P Im 0. R VENDOR ITEM. NO' -":-7- LbLXZ352kg m 19 1.00 EA. T SMP.'QD'NSI PTZ:W/1.0k X75 O�f�Q V10tWOR. .ITEM ACB. A 20 1.00 P-A:ll 5 6: -:SLK PkV.l.GRADE'LED 2.9. p 0 0" mu p -N '--'.-V1VZ56SM 21 3.00 2ANAgbkrd ild. - V3 - 7-1 -1, -4 9 0 0 —T- WNO. = PAH 7. REMARKS: UNDERCOVER RQUIPMENT"." SEE ATTACHED Q UO T E 6 .1 521 36560 PROCUREMENT SERVICES: I Z011111111-1 A 0 PROJECT 287.97 777.00 299.99 205.70 960.00 360.00 775.00 229.00 833.97 PURCHASING Page 432 of 675 'f ! 1P. Q. BU 00EASTBQYNTON EACHBQVLEVARD 11 2 P.O. #02%27%47 VENDOR 8794 SHIP TO: TO: B & H PHOTO VIDEO PRO AUDIO City of Boynton Beach 420 NINTH AVE POLICE DEPARTMENT NEW YORK, NY 10001 100 E. BOYNTONC. BLVD. M • a EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNITCOST COST *,r*ww***�rwww*wwww*w****�rw**wwwww�r**wwww�r*,r,r,r,r�rww*www*www***w*�rw**www * ACCOUNTING INFORMATION ONLY - DO NOT SEND THIS PAGE TO THE VENDOR* ****wwwwww*wwwwwwwwwwwwww**www*w*wwaF*wwwww*****ww**www*wwwwwwwww**ww ---------------- - - - - -- - - -_----------------------- REQ/ACCT DATE 1RTsQY PROJECT AMOUNT p�'0 11G EMENT EWE : 68 am PURCHASING Page 433 of 675 IN 0 H H O l0 v W UI w N W O w w J mz O O O O O O O O O O O O O O O O O O O O O O O O O 0 0 0 O 0 O On H H N W N W n h5 N N N N N N N N N N N N N N N® N N N N N N N N N N N N N N N N U7 U1 U1 0 0 to w UI 0 0 w Ul Ul w 0 UI N N N N N N N N N N N N N N N N W W W W W W W W W W W W Y W W W U1 U7 01 U1 U1 U+ U1 U1 U8 U1 Ul Ui Ul m 0 w N N N N N N N N N N N N A N N UI 0 H VI 0 Ul W m m m U5 0 m W m 0 • n ! t i R • # �: ■ Y n n O ct a 11 F� H W F, H H W W H W W H H H O O O O O O O O O O O O O O O O O O 0 O 0 G O O o 0 O 0 0 0 0 O . . O . 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MH HC NH x W m mm WN to in v CA 0 NIS CA n 0 x x R 3 3 m WrAMIAWIDMEOWM x1mox,m0s0 Iw I M M z tIj z CA z W bri ty) H H H H H UI wm I'd H H H H H m w W W Ww 1 1 E ci CA q 0 0 ci : 03 Z EO O Z; No 0 0 ON m :1 LJ Q IQ 0 <V H H '0 Wy PH Id w H pz i CI (D C3 C4 "4 m cI L3J 0 10 01 mm �v W . 2 z W I ci H rn :01 I W :09 I Ij �10 Ip H 4 x H C3 0 R to Ln I m C) : 14 0 C3 1 b 00 Lj 0 a 0 0 C) lN W b I OR 0 m z 0 0 C3 CD 0 C) 0 0 0 0 0 0 0 a C3 IMH I I.3 -3 H 0 %D H 0 co mN -.3 w tp N N et 1 M Li m -.1 m 4F4 d ko a %0 L71 0 a LY] W "i Pdd 0 C3 m a C3 low 0 Qz so :0 0 0 tj t.-I m 14 W N lA N n CQtd Ln ch CA -.3 :13 co 1 0 K ch L'i to H 0 1w H IF, I OD m Ln to H Ln M CD 0 :4 0 CA W Dzj ;D W O 10 O O O O I O 1 m co UI y F, FH Page 435 of 675 w K3 F. a to al, 3 cn Ln tan�MogWoo Mo� pu■Mot_ Mo 0 wo� Moo Moo m 0 tai In 0 9 0 M g 0 04 g @OE go @on cjOH COZ go gOW '320 g 0,:: g 0 o I rol DIM 0 "1 n I HE 0 1 OZ 00110 N 1 wl 0 1 IWO OIN OW 3 IWO 018 01m. 00 00)10 21 J01.4 OOt4 OOH 09 RSH OOH OOP4 oom R :9 004 001.4 G) 00 ON mupu sw go 0 ggoo u�.3 Roo goo OH OH n 31 Hm I HW I H :3c H x H L� H cl H H H Oqp Oqw 61-aq oqq Oqn oq ot, oqp 6 n 0 U 14 tj -a- o � S tj w q�4 tD t:j �4 14M tj �4 0 �4 tij 0 P4 w U�< t:= "14w U RN, z. 0 O .,, ENO RMN Rw'� Rm, , xvi �m` RM2 Rm, JNW Rm, W 00 ro ON RRE Ron' 0 U F m tji q w W MqEn til q M 6-3 PC M t1i 0 ms W Oq M 02 M 0q Won Olu H9 8, U �0, M:E: PO �00 5M 0 ati a t1i E 0 M d, q �no tpz t�xj■ N to " N a n to N to �r-) to H a 0 P4 otldm RvH ow.0 nwo om- (") I N 0 m: Owt. 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H tj WHO VLJ H txj H MH4 WHO tri H M H WH W H. tij H baHx WHM WVH TD VO H In PC �:o ul Pd z wtaW clo W R m tv En to N to■ a #M z txj M41 W M M W4, txj tia H z til Z z z z 4 z z q qM R o q --- M U U 2 H ED La q W M IXJ L-4 m 0 m q 0 �-3 0 0 0 Ln 0) m Ln 0 0 F, pi C3 0 0 0 C5 3: ci 0 4,x .4 w 0 0 Pd N z m Ln Ln W In w K) %D Li 0% m K) w w m Ln Ln W lDk.0 LO b7 w N N w Ln Ln �D 0 0 0 0 0 W 0 0 0 0 0 C) O a 0 0 0 0 0 C3 0 C3 0 1 C) 0 4 O O 0 0 0 0 0 0 tj A.N cri O W N Ch Ul Go L11 0 w ko 6) w m N ko w Li 0% ID w Ln I %0 a LO 0 0 0 0 C) LD 0 O C> %D 3 0 0 a 0 0 SD 0 0 0 0 [gypPC q W M IXJ L-4 m 0 m q 0 �-3 OD LTD F' Ln 0) m Ln 0 0 F, pi OV 00 w H n 3: ci 0 4,x .4 w 0 0 Pd N z IQ� RI-Ammmy 0 �c 0 r t. -I H F -I 0 0 P-4 OD LTD age 436 of 675 Date: 2/14/2017 '%OUTY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER $109000 Source for Purchase (check and attach backup materials): Three Written Quotations GSA State Contract PRIDEIRESPECT SNAPS Sole Source Piggy -Back Budgeted Item Emergency Purchase Other Contract Number: NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. Fund Source for Purchase: "Account number 001-2112-521-5251, 001-2112-521-641& Page 437 of 675 U D 0 r -j 0 Cl 0Q. UO0 C — 0 00 2 0 tD 0 , CL 3 z r) m 10 NJ 00 yA M 00 m t 0 0 r) M 3 0 V) 1^ 4A Itn 1^ ILn IA V). A^ if& 1^ 1^ V1, ih A^ V? vil VS AA V1. V1. vi- In. V�- vlF 1^ 1^ A/1- 1^ A^ I^ vi- i^ V? V). -Ln 10 V? A^ V). -in V� 4 L^ Page 438 of 675 A 3 C Government, Education, and Corporate Department For Pricing Requests, Purchase Orders, and Customer Service, i i 3 800-858-55 PH4t4 YlCtE4 - ! R{l AUQIG 212-239-75103 212 :� 4 Ali n777 .1 77 �4;, �� , r The Professional& Source 420 Ninth Avenue, New York - www.bhphotovideo.com Prices 02/09/17 Bid o, M Sold To: Sweeney, Robert Ship To: City Of Boynton Beach City Of Boynton 100 E Boynton eacBlvd 100 E. Boynton Beach Blvd Po Box 310 Attn: Carlos Reinhold Attn: Payable BOYNTON BEACH,33435 BOYNTON BEACH, FL 33425 Phone:Bill (561)742-6076 I1 i4 y s x i c t Y ARMASIGHT SPARK f +; M f 1 i ;I 1,130.00 • 1! • itHZ FR THERMAL IMAGER(REG TOTPT12MO3 539.00 539.00 f'REY T12 -W 12.5DEG FOV/3OHz FR THRML IMAGEFUREG TOTPT12W05, j 692.00 , `:;! i !f ! 94 22.99 4 HONEYWELL► .;l 11PSfH2"ITBlREG HOHRGX81 269.00 269.00 ,HRr RECORDER 181:' 04I 334.00, RECONYX CELLULAR ENABLED 10 1 1P039.00 I i I This Is A Special Order Item, And :. ARMASIGHT AIM PRO ADVANCE ! MOUNT PRO/REG499.00 499.II ANKIGN ARMASIGHT SPARK NVG GEN CORE NIGHT VISION GOGGLEfREG iRSNGCNVG 629.00 00 629.00 „ ,- , ,, .,, rS Continued on Next 'g' dL kA K Government,Education, and Corporate Department . . .r Pricing Requests, Purchase Orders, N 'A IP=NOTc IDEO- PRO AUDIO Iner I� NIA 3 "3TP-LINK300Mbps WII POCKETIAPITV ADAPTRIRPTRIREG1 3 104.97 (TL ION) 1900 DUAL -BAND WRLS1 TERIREG ASRTAC68U 153.03 459.09 ( s) 3 ASUS AC12001 I 9. (RPACH) Manufacturer's Rebate $10.00 3 SEAGATE ARCHIVE HDD STB SATA HARD DRIVEIREG SEST8000AS009.777.00 (sT a2) 1 SYNOLOGY DISKSTATION OS21"11REG1 I 299 •9 21) 5 -LINK-HOME MYDLINK WII MOTION SENSORIREG DLDCHSl5041.14 205.70 (CHI ) 2 ACTI 3MP z 12x F5.2-62.41FI.8-3.0/11EG7 480.00 960.00 2 LOREX POE MICROT I LOLNZ3522RB 180.00 360.00 (L 2) 1 ACTI .moiMP OD MN PTZ w/lOx F4.9.49mm/Fl.8-3.0lREQ ACB96A 775.00 775.00 WWA) 1 VIEWZ 5.6" BLK PRO -GRADE LED MONITORIREG VIVZs68M229. 229-00 PANASONIC -d3 L HD CAMCORDERIREG PAHCV380K277.99 833.97 IN I ( 380K) Continued ... Page-449-ef 6A Customer Copy Page 2 of 3 For Pricing Requests, Purchase Orders, and Customer Service: y � /<. \�� « \� � � � � ?.y � \cam � � \� � � � � � � / \.\. /\. . \ � � � - 420 Ninth Avenue, New York City, NY 10001 - www.bhphotovideo.com - Bid No.: 0521,36560 I 9 I wl� WIM a Ow W NJ e) Page 442 9L 0 C3 0 C3 ri w rn X no 41D =r CL 0 uw wl� WIM a Ow W NJ e) Page 442 i r[3 \% CS)6 / / > \ < i> w e / Q } \ \ \ m 0 n � � F \ O Ln Lo J rx C CL * / 4 g / t \ \ \% \ 0 ya \ \ \ cn \ Ln Lo 2 } =ohm . '} ri =s} \ Lq \} m a > ,0 0 :5x Pomba 'A c m wm TD c Er =r 2,0 0 a > ,0 0 In I I ism' El Page 444 :5x 0 w c m wm TD c 2,0 0 w CL W W Lei C3 06 r7 N 0 0 U3 Ln ro 06 0 0 fD li N2 i 2 a cc Ld C3 26. O'D R wrh- 1 OL 0 CL go 0 9 .0 1 4 " P = 3 CL cr sw 9 c: c s M - A, Fir ma 21 go 0 a :3 ED 0 cr UL 4- a V 0 Mr r.L S J go LT MR 44 LA CL go y, mmw 0 g m VII U3 ko 0 In I I ism' El Page 444 a ,rp CL 0 a j II 41- Page 445 of 675 PURCHASE QRDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST 130YNTON BEACH BOULEVARD P.Q. Box 310 P.O. #: 170844 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 02/27/17 TO: CUES INC. 3600 RIO VISTA AVE ORLANDO, FL 32805 SHIP TO: City of Boynton Beach EAST UTILITY ADMIN 124 E. OO FIGHT ROAD BOY ON BEACH, FL 33435 EXTENDED LINE# QUANTITY QOM ITEM NO, AND DESCRIPTION UNIT COST COST 1 1.00 EA ©- PO3TA13LE PUSH SYSTEF PROCUREMENT SERVICES: NOR N�0=111 M. L'ltfflCVA: 9 --IM M=W -4 RE �* i1@1 AM"" Page 446 of 675 iff 9 Eu 1 1 y I ry t`' I H M I b Moto w q Cl CIa++ IM 0W3 H 03 n b I .'d N H pap ] H 0 'H aw r "i H H F3 1 H 1` 4 d CI H .. .. 710 K I WNW I H I M H 1 F3 r H M M 'd I H yo I i+ w 1 F3 pu 103 H H Zx 10 I I M ro C La m tzj w I a I'3 I x a w I C H W W unH H �[ d 1 0 J0 M H I y �j H'd H I H yb H p to Ci 0 g r7 HH 1 M 1 v y H ' r P-3 ' 0 H r a ^ed I U3 F3 O N e� y C, I I I H I (] 13 F W a, I U3 bi i o 0 1 I H 1 � r 0 0 I I ro I I y I 1 H I 1 d I I H I I 1 L -j Ind 1 7 a w ' 0 '$ 1 1 a I y H r t+j LTJ I I I (a3 N I o N 1 aj N Page 7vof 675 't4te: 22 -Feb -1 7 P WN ]ITIVEIT 11,1,211" Source for Purchase (check and attach backup materials): Three Written Quotations GSA State Contract PRIDEIRESPECT SNAPS Sole Source Piggy -Back Budgeted It Emergency Purchase her Contract Number: NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. Date 2,-z3-17 Date Date RMM Page 448 of 675 REQUEST FOR REQUISITION REASON FOR PURCHASE: This is a lateral inspection unit to be able to TV lateral services. It is compatible with our current TV truck and equipment, This will be our second unit so that we will be site to get twice the work done with api l outlay item VENDOR DIVISION, OTHER INFORMATION: 7INFORMATION- Name: Cues, Inc. c Cu s, I . 7 FAdmdress: Admin. Date: 2/22/2017 ASAP (x r s . 3600 jo Vista 3600 Rio VistaoAvenue Construction Date Needed: 3/8/2017 Confirm, Orlando, FL 32805 Cost. Rel, ASAP/Conf. Distribution BACKUP DOCS. DELIVERY: SUBMITTED: Phone (contact): Chris Parker Water Qual, QuotesNerbal E. Admin. 40 (x (over SFltl 407-446-7445 Pumping Quotes[Written E. WTP 41 (over S2000 Vendor Number: 747 PWTreat. Bid Does. W. WTP 42 ----------- Meter Serv. — ---- Sole Source Ltr. P/U 99 INITIATOR., Pat Franklin Sewage (x Insurance Special Instructions: Re uirements: APPi L i::, SNAPs/GSA/Piggy -back Project Number: #: Unit Price Desc-Hyrtion & Part Number r —, r Fund �pt Basic Elem _9b j_ Amount fQuan, 1 1 14,720.00 IT! MP+ Portable push system Mp+f Po:t 401 2815 36 64 02 14,720M ea Page 449 of 675 ac-fORO w1i xrtl WiEr S-41 Phone (561) 742-6400 FAX (561742-6298 11) 9101 COMO *#III W -FORS RWIT11na 11111M,11.51M QUOTATIONS ETEMS REQUESTED: AV+ Portable Push System VENDOR # 1: Cues, Inc. ® 2/13/2017 CONTACT PERSON: Chris Parker PHONE NUMBER- 407-446-7445 QUOTE: $14,720M VENDOR#2: DATE: PHONENUMBER: QUOTE: Page 450 of 675 CUES Patrick Franklin FINANCE DEPARTMENT P.O. BOX 310 BOYNTON BEACH, FL 33425 FronkfinP@bbff. us Thank you for your time and the opportunity to provide you pricing on CUES Equipment. CUES has been in business since 1964, providing the highest quality hardware and software for all of your pipeline inspection needs. A question everyone should ask of any potential vendor is what makes us different than all the others? In this case, Why CUES? ✓ Cues, Inc. is the leading manufacturer of CCN video equipment in the world and has been in business for over 50 years. ✓ The Cues Factory, Customer Support Center, and Stock Room are all centrally located in Orlando, FL. ✓ Loaner Equipment is Available for the Lifetime that you own Cues Products... meaning limited downtime. ✓ No 3'd Parties. No Dealers. We provide direct factory sales, service, and support for the lifetime of the product. ✓ Continued Equipment Support for years after purchase with over 175,000 Engineering Drawings on file. ✓ We do not "obsolete" our products after a short period meaning continued support and service for years to come. iy - 9 '°�� EF KS AFTER RECENT OF ORDER I NET 30 Sincerely, Chris Parker LeMlIXIDY&FA amr 1 This is a quotation on the components listed Any photos or brochures are for illustration purposes only and may not accurately represent the system quoted within this document. Payment Terms of 30 DAYS NET are based on a completed credit application and approval from CUES Accounting Department. The Delivery Terms stated are based an the current production schedule as of the quote date. An updated delivery term is available upon request. Pricing does not include any applicable taxes unless otherwise stated Cues, Inc. 1 3600 Rio Vista Avenue I Orlando, Florida 32805 1 800.327.7791 1 cuesinc.coni Page 451 of 675 MP`+ PORTABLE PUSH SYSTEM I CONTROL UNIT WITH TEXT WRITING, OBSERVATION CODING, DIGITAL RECORDING AND INDUSTRIAL GRADE MONITOR IN AN INJECTION MOLDED ENCLOSURE TO INCLUDE: 1 8A" industrial grade, optically bonded, sunlight viewable, monitor with anti -reflective properties and LED backlighting 1 Operator Interface with controls for all camera functions 1 Video Titling to include multiple predefined and customizable screens 1 Digital video recording features video recording and playback and records screenshot picture images 1 A USB port for transferring digital video and still images directly from the MMus+Control Unit to a PC 1 Control Unit quick bracket mount for attaching to the roller with hands free locking 1 System Interface connector features Video, Audio, distance counter quadrature and12VDC outputs and a Video input 1 Built-in Li -Bon Battery with advanced charging technology for 4 hours of continuous use 1 Universal AC power input 85-254 volt AC, 50/60 Hz, or 12 Volt DC Power Source STAINLESS STEEL COILER TO INCLUDE: 1 Heavy 18 gauge and corrosion resistance Stainless Steel construction 1 Adjustable height handle for portability with cam locks and button stops 1 Large 10" durable wheels for portability and a balanced footprint for stability 1 Quick -Connect allows Control Unit mounting with 3 axes adjustability Adjustable roller brake 1 Integral distance sensor 1 MP+ACCESSORY KIT HIGH POWER MINI CAMERA III W/BUILT-IN SONDE AUTO UPRIGHT 1 Small Diameter Solid State Color Camera (1.5" Diameter Maximum, 3.0" Length, Maximum) 1 NTSC Standard with Built In Lightringto Include: 1 Light System for 2" to 12" Pipe 1 Twelve (12) Solid State White LED's (Minimum) 1 Built In Transmitter, 512 Hz 1 Auto Upright Module i1Wi11T:II; Patrick Franklin FINANCE DEPARTMENT BOYNTON BEACH,1 • ,y. FranklinP@bbfl.us provide hardware, software, and service for your existing TV equipment. Let's start with the question... Why Cues? ✓ Cues, Inc. is the leading manufacturer of CCTV video equipment in the woad and has been in business for over 50 years. ✓ 100% American Made. All of our Engineering, Sales, Services, and Support are completed in-house, in the USA. ✓ The Cues Factory, Customer Support Center, and Stock Room are all centrally located in Orlando, FL. ✓ We carry over $25 million in Parts and Loaner Inventory with over 98% of them shipping the same day. ✓ Loaner Equipment is Available for the Lifetime that you own Cues Products... meaning limited downtime. ✓ The on manufacturer who has its own Software Support Staff and solely manufactures the Granite Software Platforms. ✓ No 31 Parties. No Dealers. We provide direct factory sales, service, and support for the lifetime of the product. ✓ Continued Equipment Support for years after purchase with over 175,000 Engineering Drawings on file. You - . • own Cues TV Inspection• . - only - rr irectly compatible with your existing transporters and cameras. Other manufacture's may claim to be able to performing on •ur existing equipment which will also void any Cues warranty. • �• • • • r •• •. your q • Sincerely, Cris Parker RegionalFlorida CUES, Inc. Cell: 407.446.7445 1 • 800.327.7791 x330 Cues, Inc. 1 3600 Rio Vista Avenue I Orlando, Florida 32805 1 81)0327x7791 I cuesinc.com Page 453 of 675 100% Full Circle Compatibility Note - CUES current cameras, lightheads, Power Control Units, Footage Systems are 100% compatible with your existing CUES TV equipment. This full circle compatibility allows older equipment to operate on newer TV systems and newer equipment to operate on older systems. Justification - CUES, Inc. is the sole manufacturer and supplier of OEM (Original Equipment Manufacturer) products/parts for your existing CUES TV equipment. The proposed purchase of new equipment and parts is 100% compatible with your existing CUES TV equipment. CUES, Inc. is the sole manufacture of the ProData, Summit System and Granite XP video/footage capture system. CUES, Inc. has the only in-house software support team. Other products in the market are V party add-on programs and offer no in house support. The CUES DUC, OZII and OZIII Pan/Tilt Cameras, Ultra Shorty Tractor, Pipe Ranger are solely manufactured by CUES in Orlando, Florida. The CUES Mini Push 2020 and MP+ Lateral inspection units are solely manufactured by CUES in Orlando, Florida. The Push translator adapter allows full interconnect to your TV unit's existim� VCR, Monitor and data system. Other manufactures may claim to have components i.e. cameras, etc. that can be molfiLie to operate on your existing CUES system, however this may require special one of a kind cables or modifications to the internal electronics of your camera, Power Control Unit, etc. Any modification to the system's electronics voids the manufactures warranty and the life -time loaner policy. Cues, Inc. 1 36007 Rio Vista Avenue I Orlando, Florida 32805 1 800.327.7791 1 cuesinc,corn Page 454 of 675 TO: NEOBITS, INC. AVAMI SYSTEM 505 W—OLIVE STE 315 SUNNYVALE, CA PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 P.O. #: 170845 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 02/27/17 SHIP TO: City of Boynton each INC. POLICE DEPARTMENT rAVE. 100 E. BOYNTON BCH. BLVD. 94086 BOYNTON BEACH, FL 33435 EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST PROCUREMENT SERVICES, ACCOUNT NO. PROJECT SEE BELOW Page 455 of 675 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPART© 100 EAST BOYNTON BEACH BOULEVARD P.O.BOX 31 P.O. #: 170845 BQYNTON BEACH, FLORI D% 33425-0310 DATE: 02/27/17 LTA 4 Znils-1 i I :_ �1- I DATE NEEDED: SHIP TO: City of Boynton Beach POLICE DEPARTMENT 100 E. BOYNTON BCH. BL I30YNTON BEACH, FL 33431 PROCUREMENT SERVICES: ACCOUNT NO. PURCHASING Page 456 0 675 iii 1 H I I H [f1 t� H 1 1 Ul + ro O I Us nM rD0 I H ci OH ro 0 H n d ®n I nim1 IV H H 00n 1H ® N NO 1 bIV 0 , H H W 01 Z O O N N13 Ln Ul 1tj 1 H N N W H r •• LO L42 • ' 7i re k 00 Ln Ci 1mm -JR N IA I HFI R ra q1 to I- , H 1 H to 0 i r L� I x i on l ID ro I ,U00�b i n I N 1 ngop H 1 1 w H I ODo 1 0 0- H;aw 1 1 fCJpd1 DH M1 1 I W Fp ro rI x I + I 1 c 1 W tv z [.,"tll laH f I f I W I to H nr n N 1 i n H ' 01 La.1 M H 0 I m n H 1 ro i O `3 O i M 4 h] 1 , I c (n d 1 1 �j H ! i H 1 1 I I W Y Y WHO HO N i 0 a 1 N Ln 0% [p �CH N N O m I H 1 Colo 13 H *3 7 N I 'a u] '� OD O 1 1� O CON] Ia 4b 1 n ' ! 000 O a 1 H H H Ln coo� .. C 0 I IaH `Zi 1 1 + O O 1 N N I r ch ON ! H F'00 0 a a r mm ® 1 1 Y 00 N ITon ® 6 a C I 1 N J U1 ' I I I I I I 1 I F 4 4 M I 1 I 0 1 i 1 01'3 I I ey I , ' 1WU3 1 I IH 1 0 yw I ' 0 I %D I I rra I w 1 pj I I W I d Y N Im 1 I 0 1 1 I C9 w} N i P y I'] 1 aj 1 Y m N I N w7 U7 I r 1 I I I h] N I I 1 41 I I 1 m m I I 1 \ I I I } ^1 Page 457 of 675 Date: 2/14/2017 Requesting Department: POLICE Contact Person: REINHOLDIZELLER �Explanatlon for Purchase: ,This is for the purchase of 5 new computer based carnera's. These camera's will replace old I outdated models for multiple investigative surveillance platforms. Recommended Vendor NEOBITS Soumef—b� Purchase (check and attach backup materials): Three Written QuotationsE GSA x::] State Contract PRIDE/RESPECT SNAPSr L—j Sole Source ---- I Piggy -Back L --j Budgeted Item Emergency Purchase Other Contract Number: NOTE, Pricing proposal for purchase must be presented in the same detail contained within the contract, Fund Source for Purcha 001-2112-521-6415 1 Page 458 of 675 "1B1a1xS Hoholl, "Ofne.0 qojj vhpppinp Necibits, Inc. 505 W Olive Ave, Suite 315 Sunnyvale, CA 94086 itgg Billing Address Carlos Reinhold rD&;Q �1' 100 E. Boynton Beach Blvd Boynton Beach FL 33435 Qqotagion'Date 02/07/2017 Quote Number NQ46136 Prepar*4'By Rou Mahoney rmahoney@neobits.com 408-530-0063 x130 Product Description Shipping Address Carlos Reinhold Valid Until 03/09/2017 ftyment Terms Prepaid Contact reinholdc@bbfl.us 561-329-3007 Quotation '-Ist Discount Unit Total Axis Communication - 9902B00l - Canon VB -1-143 2.1 5 939-38 OA Megapixel Network Camera - I Pack - Color, Monochrome - $2,349.35 $226.90 $2,122.45 $10,612.25 H-264 - 1920 x 1080 - 4.70 mm - 94 mm - 20x Optical - CMOS - Cable - Dome, Ceiling Mount, Wall Mount Subtotal $10,612.25 Sales tax $0.00 Shipping $27.87 Grand Total $10,640.12 Note: 1- Item Availability to be provided 2 - Ground Shipping Terms Cw Conditions Thank you for the opportunity to provide this quotation. This quote is provided on a confidential basis, and is intended only for the recipient organization named above. The document may not be forwarded to third parties without prior written permission of the sender. This transaction is subject to Neobits, Inc. sales terms and conditions published on our website at http:Hwww.neobits.com. Please reference the Quote Number when placing your order or remitting payment. The information provided herein constitutes estimated pricing for materials only and a best -effort system design based solely an the specifications and product requirements you provided. Neobits does not represent or warrant that 1i) the products and equipment set forth herein constitute a complete system, ill) all such products and equipment will work together or appropriately in Your application or (ill) that any or all of the products, equipment or systems will comply with any codes or laws. Additional products, equipment andfor services at an additional cost may be required to complete a system for your application. You are strongly advised to ensure that the quoted products or system is in compliance with your local law and codes. Nothing contained herein shall cause Neobits to incur any liability for system design, functionality, installation or integration, except as specifically set forth on Neoloitso terms and conditions of sale. Wire gauge, quantity of cable and connectors, standby battery sizes and necessary quantities, if included, are estimates only and your actual requirements may vary based upon your installation procedure. Aggregate pricing for product set forth in this quote shall only be valid for 30 days from the date, except for special order products or products with volatile prices. Quotes on products with volatile market prices are good for 24 hours from date of quote. Pricing for special order products may vary based upon vendor pricing at the time of your order. Fulfillment is subject to product availability at the time of order. Additional taxes and shipping surcharges may apply. This quote may be based on or include equipment that may not have the same appearance or functions as items in your specification. Surge protection or UPS systems may be required to ensure warranty coverage. Standard manufacturer's warranties and disclaimers apply to each product and Neobits makes no product warranties herein; you are directed to contact each manufacturer for further information or technical support. Please confirm availability and pricing for the products set forth in this proposal with your sales rep. Page 459 of 675 Page 460 0 675 � w \1' Page 460 0 675 i ,, U vy c PH flu 4 57 Page 461 of 675 6.G. CONSENTAGENDA 3/21/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 3/21/2017 REQUESTED ACTION BY COMMISSION: Approve the minutes from the Regular City Commission meeting held on March 6, 2017. EXPLANATION OF REQUEST: The City Commission met on March 6, 2017 and minutes were prepared from the notes taken at the meeting. The Florida Statutes provide that minutes of all Commission meetings be prepared, approved and maintained in the records of the City of Boynton Beach. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? A record of the actions taken by the City Commission will be maintained as a permanent record. FISCAL IMPACT: Non -budgeted N/A ALTERNATIVES: N/A STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Minutes REVIEWERS: Department City Clerk Reviewer Pyle, Judith Description Minutes 03-06-17 Action Approved Date 3/16/2017 - 3:43 EM Page 462 of 675 Finance Howard, Tim Approved 3/16/2017 ® 3:48 PM City Manager LaVerriere, Lori Approved 3/17/2017 ® 9:59 AM Page 463 of 675 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD ON MONDAY MARCH 6, 2017, AT 6:30 P.M. IN COMMISSION CHAMBERS, CITY HALL 100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA PRESENT: Steven B. Grant, Mayor Mack McCray, Vice Mayor Justin Katz, Commissioner Christina Romelus, Commissioner Joe Casello, Commissioner 1. OPENINGS A. Call to Order - Mayor Steven B. Grant Mayor Grant called the meeting to order at 6:30 p.m. Invocation by Vice Mayor McCray Lori LaVerriere, City Manager James Cherof, City Attorney Judith A. Pyle, City Clerk Pledge of Allegiance to the Flag led by Commissioner Christina Romelus Mayor Grant led the Pledge of Allegiance to the Flag. Roll Call City Clerk Pyle called the roll. A quorum was present. Agenda Approval: 1. Additions, Deletions, Corrections Mayor Grant added 13. C., Letter to the State of Florida Auditor General regarding the Quantum Park Overlay District. 2. Adoption Motion Vice Mayor McCray moved to approve the agenda as amended. Commissioner Katz seconded the motion. Vote The motion unanimously passed. Page 464 of 675 Meeting Minutes City Commission Boynton Beach, Florida March 6, 2017 2. OTHER A. Informational items by Members of the City Commission Commissioner Katz disclosed he spoke with Bonnie Miskel regarding a potential Wawa store in Boynton Beach and spoke with Andre Park, a legal representative regarding the Olen Group associated with activities in the Quantum Park Overlay Dependent District and representatives from Isram Realty regarding the Riverwalk development. Vice Mayor McCray congratulated Chief Katz on his marriage. He attended the 6th awards celebration for the Boynton Beach Wildcats event. It was well attended and he thanked Mr. Byrd for his dedication. Mayor Grant announced he attended the City Age Conference on February 22nd and 23rd It was a good conference and attendees from around the country spoke about issues affecting cities such as population growth, climate change, economics and he met the Orlando Sustainable Coordinator who had great things to discuss which could be heard at the next budget meeting. He spoke at the Lantana Rotary and the Junior League Legislative Breakfast, attended the General Employees Public Pension which did well earning a 12.6% return for 2016. He met with e -Development, and attended Crosspointe Elementary School to read on Dr. Suess Day. He attended the CRA Movies in the Park featuring Willie Wonka and the Chocolate Factory and had a surprise party, in honor of his birthday, for all that attended . He attended the Community Caring Center 5K event, receiving a participation medal and he volunteered to be in the dunk tank, raising over $100. He noted Human Resources has some good throwers, but not so much the Fire Department. Earlier in the day he attended the Spanish Bar Association Luncheon and met with a special agent and the State Attorney on human trafficking. He clarified human trafficking is not only human smuggling, it is exploitation which could encompass prostitution, labor or services that people are not getting paid. He urged anyone with information of this nature to report it to the police. Earlier today he had his Town Hall meeting which went very well. The next Town Hall meeting will be April 3rd Commissioner Romelus attended the E. Boynton Wildcats 6th Annual Awards ceremonies and thought it was great to see youth awarded for their efforts. She attended the opening of the Ballpark of the Palm Beaches and was part of the festivities for the Investiture of the 5th President of Palm Beach State College, Dr. Ava EI Parker who has been officially inaugurated. She noted she had obtained a $1 million grant which was given to the school and she is the first woman President there. She wished Mayor Grant a happy birthday and announced she and Chair Grant will be traveling to Tallahassee for Palm Beach County days. Session will be a little scary, and she urged diligence and perseverance on important issues. Commissioner Casello recognized a sign language interpreter present at the meeting for the first time and he commended staff for providing the service and commended K Page 465 of 675 Meeting Minutes City Commission Boynton Beach, Florida March 6, 2017 deaf and hearing impaired attendees for attending He thanked Debby Majors. He is the City's representative to the League of Cities, serving on the Board of Directors, and he attended the Directors meeting on the 22nd, and he attended the E. Boynton Wildcats 6''h award ceremony. He noted the organization is more than just football, it is about mentoring youth. There is also a girls cheerleading squad. He commented before youth can apply to the program, they must bring their report cards and thought it was a great thing. He commended Mike Byrd and his staff. He was unable to attend the 4th annual Community Caring Center Hunger Walk and Run. He participates each year, but had a foot injury. He announced his wife is on the Board of Directors for the Community Caring Center and she advised the event was a success. He congratulated Chief Katz on his nuptials. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Announce the following: Mayor Grant read the following: o Municipal Election for District II Seat - Tuesday, March 14, 2017, 7:OOAM - 7:OOPM. o The Greater Boynton Beach Chamber of Commerce hosting Candidates Forum for City Commission District II - Wednesday, March 8, 2017, 6:30PM - 8:OOPM, Boynton Beach Library Program Room. o Boynton Beach Coalition of Clergy & Black Votes Matter hosting Candidates Forum for City Commission District II - Thursday, March 9, 2017, 6:30PM - 8:OOPM, New Disciples Worship Center, 239 NE 12th Avenue, Boynton Beach. Flyers available in back of Commission Chambers. B. Announce Boynton Beach CRA's Blarney Bash will be Friday, March 17, 2017 from 6:OOPM - 10:00PM, 129 E. Ocean Avenue. Live Music, Kid's Activities, Food & Cocktails, Craft Beer, Family Fun and More. Mayor Grant announced this is the third year of the event and the first time it is on St. Patrick's Day. He requested all to spread the word Boynton Beach is the place to be for St. Patrick's Day. C. Announce Career Expo at Carolyn Sims Center, Thursday, March 23, 2017 from 8:30a.m. - 12:00p.m. sponsored by the CRA, City of Boynton Beach and CareerSource. 3 Page 466 of 675 Meeting Minutes City Commission Boynton Beach, Florida March 6, 2017 D. Announce Let's Move BOYNTON, part of the Palm Healthcare Foundation's fourth annual Let's Move! Commit to Change Challenge. The challenge began March 1st and ends at midnight on March 31st. Cici Messon, Human Resource Administrator, announced the 5t" Annual Let's Move Commit to Change event and advised last year, Boynton Beach was one of four cities in Palm Beach County to receive a gold medal as Let's Move participants logged more than one million minutes. She urged all to participate in the campaign and beat last year's record. Staff put together a calendar of activities for the program which runs from March 1St through to March 31St and the public can walk to the beach each Wednesday. Those interested should meet by the Police Department at noon tot p.m., or 2 p.m. to participate in the walk. They can log 30 minutes of sustained minutes on the Team Boynton/Healthier Boynton Beach website. There are other activities planned such as partnering with P2P and other organizations and are reaching out to the community. She commented they are giving out tee-shirts. Mayor Grant noted he did not see anyone on the Commission at the 5K Community Caring Center event and he issued a challenge to the Commission he will get more minutes than the other four combined. If he loses, he will provide lunch at the Sailfish Cafe, and if he wins, they can chip in for a meal at Sailfish. Vice Mayor McCray announced he participated in the event last year and it took him three days to recoup. Commissioner Romelus accepted the challenge. E. Proclaim March 11, 2017 as Sigma Gamma Rho Sorority Youth Day Octavia Sherrod will be present to accept the proclamation. Mayor Grant read the Proclamation. Present to accept the award was Octavia Sherrod, Manager, Community Improvement. F. Proclaim, March 22, 2017 as All People's Day. Mayor Grant read the proclamation. No one was present to accept the award. G. Presentation by Library staff about departmental operations. Craig Clark, Library Director and Jeanne Taylor, Division Head in charge of Customer Services, were present. Mr. Clark reviewed his presentation noting the Library enhances life-long learning. He thanked the staff and announced in 2015/2016 the Library had over 274K visitors, over 176K online visitor, 285K items were borrowed, 515 programs for adult children and teens and over 10K people attending the program. Total volunteer hours by the Friends of the Library, including the teen volunteer program during the summer.(not a sentence) There are about 25 to 30 friend volunteers working in the bookstore and during the summer have about 8 to 10 teens working in the bookstore. Their signature programs include the Brown Bag series, What's on Wednesday, Writer's Corner, movies and documentaries, family fall festival and winter 51 Page 467 of 675 Meeting Minutes City Commission Boynton Beach, Florida March 6, 2017 holiday open houses and literacy based programs, offering many reading clubs and participating in Read for the Record, which the City has been a champion for the last three years. The Library offers various technology to patrons and has various computers for adults, teens and young children, a virtual teen lab to make music and a video which is well used. There are Nooks and iPads for checkout and librarians with research expertise. There were handout promoting the Library's free data bases and the Library's quiet study rooms are always full, and they will be looking for more space for that. The Library has local history and archives and is digitizing historical newspapers from 1920 and currently up to 1975. Oral histories were digitized dating back into the 1970s originally recorded on real to real tapes and some cassette tapes. The Library curates special collections including the Boynton Women's Club, assists with historical research and is working on projects to digitize Boynton Beach and Atlantic High School yearbooks and have been sending them to the Oklahoma detention system who digitizes them for free. Vice Mayor McCray asked if they were digitizing Seacrest High School yearbooks and learned they have not as they do not have any, but would. He provided a list of the Library's digital collections noting they have many free and valuable information available, ebooks, streaming music and downloads, foreign language, career and job resources and a lot of small business resources. The Library launched a new online data base called Florida Legal forms and has many STEM related kids and teen programs in addition to how to be a responsible baby sitter, there are maker labs, 3D printings and all kinds of different science and craft programs. An career online high school is available in addition to the summer reading club and other summer youth programs. They are applying for a state grant to digitize the Lake Worth Herald in partnership with the Lake Worth Public Library and the Lake Worth Herald as the newspaper goes back to 1912 and contains a lot of Boynton's news was part of the Lake Worth Herald and a lot of valuable information. The Literacy Coalition of Palm Beach County Americorp program provides afterschool homework help for the last six years. The Library offers free college prep for high school students and they have a teen group discussing stresses in a peer-to-peer atmosphere and English as a second language classes. The Boynton Beach Public Library reciprocates with other public and academic libraries, under a program formerly known as Southeast Florida Library Information Network as (SEFLIN) Sunshine Library Card, now known as the SEFLIN One Card Program of which the Library is a member and Mr. Clark serves on the Board. Anyone with a Boynton Beach City library card can sign up for the SEFLIN One Card, thereby providing City citizens with access to other libraries and learning institutions such as Palm Beach State College, Nova Southeastern University, Broward State College. St. Thomas University and others. Residents can visit their libraries and sign up for a card and borrow from them. Wy Page 468 of 675 Meeting Minutes City Commission Boynton Beach, Florida March 6, 2017 Jeanne Taylor, explained the Career Online High School is a program for adults to obtain an accredited high school diploma and not a GED program and a career certificate. The program is free and funded through the Florida State Library and they request students be dedicated to their educational pursuits. It requires a two-week prerequisite class that provides a preview of what the classes will be like and if they can keep pace with the program. There are currently seven students and they have their first graduate who has already enrolled in college classes. More scholarships are available and they are urging other libraries to continue funding the program in future years. Ms. Taylor announced Select Reads making it easier to find books one likes and their new book alerts, author spotlights and new letters to spotlight new books received. If a reader prefers mystery thrillers, they can subscribe for what new mystery thrillers are received and the reader receives an email alert that is connected to the library catalogue where the reader can put the book on hold. The Edge Assessment tool is an amenity libraries used to evaluate technology services and measure public access. It identifies benchmarks and indicators to help plan technology services that meet public need. In the first year of identifying the tool, staff identified 20 action technology items that would add value to the community. Of the 20 items, 16 are in progress or completed and staff intends to use the tool for strategic planning of ongoing technology services and future offerings of anything else to help those in the community. Project outcome is a new tool libraries are adopting to understand and analyze the impact and services of the programs they offer. The Library just began using this tool and provides surveys that are simple and easy to use which is being used with computer classes offered in the Library, which they started offering in February and will offer again in March. The Library has a lot of value in the community, and from a taxpayer return on investment study in Florida, they have learned for every dollar invested in public libraries, $10.18 is provided in economic return and for the City Library, the $2.2 million budget returns nearly $23 million in an economic return for the community. Mr. Clark noted future programs include a workshop how to start a small business in Boynton Beach by partnering with the City Development Department, the CRA and SCORE and offer a first time homebuyer workshop partnering with the Urban League of Palm Beach County. Staff was looking to create a new maker's space in the Library in a few years, where citizens can make protoypes, robots and others. He, Ms. Taylor and Ms. Watts were researching the options for a maker's space and will then assemble a citizen group to determine what would be best for the program. The Boynton Beach City Library Friends give donated books to the Veterans Medical Center and the Palm Beach County jail for inmates to read, and also offer the opportunity for the public to write notes to forgotten soldiers. They hold a Food for Fines Drive in November and for each can of food of non-perishable food donated, the late fine is reduced by $1 which is donated to the Community Caring Center. The Library also holds a toy drive for the Page 469 of 675 Meeting Minutes City Commission Boynton Beach, Florida March 6, 2017 Community Caring Center. He invited all to visit the new Sailfish Cafe, run by the Community Caring Center and the food is really good. The Library values its volunteers, Library Advisory Board, Friends of the Boynton Beach City Library and Library Quilters. He is also proud of four young people who grew up using the Library and proud to hire them which he recognized, noting three of the four hired have moved up to higher paying positions and are all in college. Vice Mayor McCray asked if the Library partnered with the Palm Beach County Library on book returns and learned the City has a delivery service. If someone drops a City Book off at a County Library, they will send it to the City and vice (check spelling)versa. Commissioner Casello asked about the quilters and learned they meet every Thursday morning and the quilts are for sale. The quilters have been here a long -long time, they do wonderful work, make the quilts and all money is donated back to the Library. Mayor Grant noted he will be speaking at the Library on Monday at noon for the brown bag series about his trip to Taiwan. What's on Wednesday is offered as well as health programs, authors and other great programing. He invited all to take a monthly calendar on the back table containing information on free data bases and several flyers. H. Video of the International Kinetic Art Exhibit and Symposium Event of February 3-5, 2017. Ms. Coles-Dobay, Public Art Manager, presented a video on the International Kinetic Art and Symposium event held February 3rd to the 5tn(be cconsistent) explaining art and technology collided to create kinetic art powered by solar, wind, light, robotics, sound, water, gravity and other elements. The City Commission viewed a video and learned the , event included more than 75 kinetic artworks, interactive installations and community projects. Thirty-eight local, national and international artists participated and tours were conducted for special interest groups including hearing and visually impaired. Presentations and lectures regarding kinetic art were held and attendance was estimated to be between 2,000 and 3,000 thousand people over the weekend. The event was funded by the City, CRA, Avenue of the Arts and developers. She gave special thanks to the City Commission, CRA, Arts Commission and CRA and City staff for their help and all the volunteers. She noted the video is on the www.intlkineticart event.org website. Commissioner Casello asked if there was an increase in artists that participated and learned there had been. Ms. Coles-Dobay noted in addition to the weekend attendees, there are tours given all year long for the art that is displayed on the Avenue of the Arts. Vice Mayor McCray met an artist from Europe who never heard of Boynton Beach until this event and was informed Ms. Coles-Dobay was the bomb. 4. PUBLIC AUDIENCE 7 Page 470 of 675 Meeting Minutes City Commission Boynton Beach, Florida March 6, 2017 INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) Valerie McKinley, 1402 S. Seacrest Boulevard, commented they just had a deadly car accident on Seacrest and she requested dropping the speed from 30 to 35 mph as speed played a role in the man crossing the street not making it to the other side. She wanted to know how can she go further with making this happen. She was aware it is a county road Jeff Livergood, Director Public Works and Engineering, explained Seacrest Boulevard is a County highway and the County engineering staff develops and establishes the speed zones. City staff can make the request the County change the speed limit. Typically accidents are not a driver in changing the speed limits, but they will look at the accident history to determine if speed was a contributing factor to any of them and to determine if the best solution is to use additional police enforcement to obtain motorist compliance with the speed zones, or if a reduction in speed is required. It is a Palm Beach County engineering staff decision, not the City, but he agreed to speak with the County traffic engineering staff. Ms. McKinley thought the City should start with police policing the speed with the posted signs. She advised the accident occurred at 3:40 p.m. on Sunday. Commissioner Romelus was unsure of the details, but noted Seacrest and the intersections on Seacrest have been a concern to her. She had worked with Mr. Livergood to obtain crosswalk signs and markings placed at Ocean and Seacrest. They petitioned the County for them and it was approved and installed. It is a heavily used intersection and pedestrians cross there, so motorists should be mindful. The City plans to continue working to improve the safety for the citizens of the area. Commissioner Casello asked if electronic signs monitoring speed could be used and commented they would ask for a greater police presence during certain hours to ensure the speed limit is observed. Ms. McKinley advised the community will keep an eye out. Tina Sherman, 139 SE 9t" Avenue, announced she lost her friend Timothy Baxter on Seacrest. He was an icon and artificial mayor of Boynton Beach. Mr. Baxter was mentally challenged, but he lived on his own and he would always wait for 10 minutes for cars to pass and tell them to go. Social media reached out to her as his friend and neighbor and commented they always see him waving cars to go. He made it three quarters of the way across the road. The skid marks on the road are over 100 feet long. She thought speed was a factor. Living where the accident happened, they are aware of the speeding occurring all day long and she was thankful it was not a school afternoon. She advised a lot of the children do not use the crosswalks and in the morning, the children are throwing footballs and running onto Seacrest, when cars are flying down the road. Anything else the City could do would be appreciated and all the police knew him. They lost a great member of the community. E:a Page 471 of 675 Meeting Minutes City Commission Boynton Beach, Florida March 6, 2017 Jill Clemons, 113 SE 8th Avenue, explained Timmy Baxter is not the first person to be hit and killed in that area of Seacrest. She agreed with the prior comments made about the school children and many people do not slow to the 20 mph school requirement. This is an ongoing issue and she was rear ended turning onto her street by someone who was travelling above the speed limit. She requested if there is something they can do, they do it as it would be appreciated. LaBeau Kpadenou, 2695 Eden Drive, Lake Worth, was asked to speak to the Commission regarding the proposed Ordinance regarding a moratorium on dispensing medical cannibus. Mr. Kpadenou was advised he could speak to the item when it was heard. Susan Oyer, 140 SE 27th Way, thanked the City Commission and advised she was teaching a chapter on local government in school, and two people from Delray Beach and Boca Raton spoke to her class. She noted 11 people from Boynton Beach showed up. She thanked the CRA, Ms. LaVerriere and several staff including the Police and Fire Chiefs for attending as her students were thrilled. She distributed an article on millennials and a report in Florida Trend Magazine, and an article on a parking garage in Miami encased in greenery, which she supported. She noted a story in the Sunday papers about smartphone zombies and putting LED strips on the ground to alert pedestrians they are at the end of the sidewalk as they are not paying attention to where they are going that will indicate if they are approaching a green or red intersection as they are looking down. She thought this was of interest as the City redevelops Town Square and Boynton Beach Boulevard and in light of the prior speakers' comments. There is information about trees and the importance of green space. She reminded all Earth Day was approaching and the City should plant more trees as the City is part of the Tree City USA program and the City should green itself up. No one else coming forward, public comments was closed. 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. The following Regular (Reg) and Alternate (Alt) Student (Stu) and Nonvoting Stu (N/V Stu) openings exist: Arts Commission: 1 Alt Building Board of Adjustments & Appeals: 1 Reg and 2 Alts Library Bd-. 1 Reg and 2 Alts Motion 9 Page 472 of 675 Meeting Minutes City Commission Boynton Beach, Florida March 6, 2017 Commissioner Katz nominated John Walter as a regular on the Library Board. Vice Mayor McCray seconded the nomination. Vote The motion unanimously passed. Recreation & Parks Bd: 2 Alts Senior Advisory Bd: 1 Reg and 2 Alts 6. CONSENT AGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments A. PROPOSED RESOLUTION NO. R17-024 - Authorize the City Manager to sign an interlocal agreement between Palm Beach County and the City of Boynton Beach for the reimbursement of emergency medical services grant equipment. The purchase will be reporting tablets and protective cases from Strictly -Tech of Fort Lauderdale, FL as per the recently awarded Palm Beach County Emergency Management (PBCEM) Emergency Medical Services grant for 2017 for anexpenditure of $9,454.08 and not to exceed $10,000. (Change margins of items to be the same) B. PROPOSED RESOLUTION NO. R17-025 - Authorize City Manager to sign any required documents related to applying for a planning grant with the South Florida Transit Oriented Development (SFTOD) Grant Program and authorize the Mayor to provide a letter of support for the grant application. C. Approve the purchase of a new Blue Bird 77 Type C bus for the Recreation & Parks Department at a cost of $96,887 from the Florida Transportation Systems, Inc. of Tampa, FL. utilizing the Florida Department of Education School Bus Bid #2016-01. The Florida Department of Education's bid satisfies the City's competitive bid requirements. Vice Chair McCray pulled this item and commented he was glad the City was buying a new bus. The City lost many of the E. Boynton Wildcats players to Delray Beach because they do not have transportation. The E. Boynton Wildcats can use the bus for some of their trips provided they hold a fundraiser once a year. He favored the purchase. Motion 10 Page 473 of 675 Meeting Minutes City Commission Boynton Beach, Florida March 6, 2017 Vice Mayor McCray moved to approve. Commissioner Romelus seconded the motion. Vote The motion unanimously passed. D. The Recreation & Parks Advisory Board reviewed the proposal and recommend renaming Boynton Village Dog Park in honor of Boynton Beach Police Officer Joe Crowder. E. Approve utilizing Palm Beach County Term Contract #12039 with Southeast Truck Specialist, Inc. of Pompano Beach, FL for truck repairs and painting of large trucks for an estimated amount of $35,000. Palm Beach County's procurement process satisfies the City's competitive bid requirements. F. Approve the attach list of Vehicles/Equipment submitted by Public Works/Fleet Maintenance as surplus and approve the City utilizing govedeals.com as the auction process. G. Approve the minutes from the Regular City Commission meeting held on February 21, 2017. Motion Commissioner Katz moved to approve the Consent Agenda. Commissioner Romelus seconded the motion. Vote The motion unanimously passed. 7. BIDS AND PURCHASES OVER $100,000 - None 8. CODE COMPLIANCE and LEGAL SETTLEMENTS - None 9. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission.. 10. CITY MANAGER'S REPORT - None 11 Page 474 of 675 Meeting Minutes City Commission Boynton Beach, Florida March 6, 2017 11. UNFINISHED BUSINESS - None 12. NEW BUSINESS A. PROPOSED RESOLUTION NO. R17-026 - Supporting the combined efforts of the United Sates Center for Disease Control and Prevention and the Department of Justice in reducing the number of Opioid prescriptions and ensuring safe drug disposal. Sharon Burns Carter, Southeast Florida Recovery Advocates, thanked the City Commission for their efforts and accomplishments regarding substance use disorder and for the lives affected by the opioid epidemic. The proclamation last summer recognizing National Overdose Awareness Day was appreciated. The Police and Fire Department first responders continue to interrupt the deaths of many people and bring them home to their family for recovery. Many accidental overdoses from opioids are the result of overprescribing. Many medications do not need to be abused in order for an addiction to form. The prescriptions wind up on the streets and are sold illicitly. This resolution is another area they are trying to address, and the Department of Justice supports it and requested they implement the prescription drug monitoring program or PDMP. The Center for Disease Control outlined guidelines and she asked the City Commission support the resolution so they can show the City's support in Tallahassee. The Surgeon General has sent a letter to every physician in the country advising them of the guidelines and the potential lethal nature of prescribing opiates when not indicated. Ft. Lauderdale, Coconut Creek, Delray Beach, Oakland Park, Pompano Beach, Coral Springs, Pembroke Pines, Margate and Dania Beach have supported the resolution. West Palm Beach was anticipated to endorse it at their next meeting. County Commissioner Melissa McKinley will be heard by the League of Cities and County and expects it will move forward. All agree they must do all they can to help those who are struggling. Southeast Florida Recovery Advocates thanked the City Commission for its support. Mayor Grant noted the Police Department has a prescription drop off, as one should not throw prescriptions away or flush them. Commissioner Casello inquired if the program was on the City's website and still in effect. Ms. LaVerriere agreed to check. Vice Mayor McCray asked if the drop off is used often and learned it was. Last week two recycling bins were full with an array of prescriptions ranging from opioids to Gas-X. The medications are disposed of properly and are in the custody of the evidence custodians and it is overseen by the Vice supervisor. People can just come in to the lobby and drop off the medication and leave. No questions are asked. Motion Vice Mayor McCray moved to approve. Commissioner Casello seconded the motion. 12 Page 475 of 675 Meeting Minutes City Commission Boynton Beach, Florida Vote The motion unanimously passed. 13. LEGAL March 6, 2017 A. Pursuant to Section 286.011(8), Florida Statutes, the City Attorney is requesting a private attorney/client session of the City Commission to discuss pending litigation in the following case: SECURED HOLDINGS INC, Plaintiff, vs. QUANTUM OVERLAY DEPENDENT DISTRICT, EUGENE GERLICA and CITY OF BOYNTON BEACH, Defendants — Palm Beach County Circuit Court Case No. 502016CA005668XXXXM B Attorney Cherof announced this item is a request to conduct a closed -door session at the next meeting. This is one of several cases involving the Quantum Park Development Area. The case involves litigation with a number of talking points to explain all the elements being litigated. The matter is complicated, there is cross litigation and he will need about an hour. There was consensus to meet at 5:00 p.m. on March 21St, before the next City Commission meeting B. PROPOSED ORDINANCE NO. 17-007 - FIRST READING - Consideration and adoption of moratorium on dispensing medical cannabis. Attorney Cherof read Proposed Ordinance by title only on first reading. Mayor Grant opened public comment LaBeau Kpadenou, 2695 Hayden Drive, and co-chair of the Palm Beach County Green Party, explained this was brought to his attention by many members who are constituents of the City Commission. He commented many find medical marijuana helps them cope with issues they dealt with when using harder drugs such as opioids. He thought the City Commission should allow the dispensaries to exist because currently seniors are forced to order online from Tampa, Florida if authorized by their physicians. He also noted City residents have to rely on City government to do the right thing. He understood concerns about zoning and other similar issues, but pointed out the electorate voted by super majority to approve the use and some months later it appears the issue is being delayed. He thought by allowing the moratorium and continuing it, some may be suffering and/or forced to the black market. He noted a resolution was passed on opioid addiction and the City Commission recognizes opioids are a dangerous alternative to medical marijuana prescribed by a doctor. He emphasized this is not recreational use. It was a medical use and he requested the City 13 Page 476 of 675 Meeting Minutes City Commission Boynton Beach, Florida March 6, 2017 Commission deny the moratorium and to allow citizens to follow the instructions of their physicians in a convenient manner. Mayor Grant agreed dispensaries will be in the City and the moratorium is not to hinder that, rather it will allow City staff an additional six or four months after the legislation is enacted to do what????? -- this is another incomplete sentence. That (DO NOT START A SENTENCE WITH THE WORD THAT) The City initiated the six month moratorium, unlike the County, which initiated a one-year moratorium. He understood the only dispensaries will be the growers themselves. Florida legislation requires a seed to sale policy and there are only seven growers in the State, but the City does not know what the Legislature will do, such as allowing more growers or just seven. He thought rather than allowing dispensaries near schools and on arterial roads, they be hidden away. It takes more time for staff to draft regulations and they have done a lot this year, and this would allow an extra three or four months after the date the legislature decides what to do. Mr. Kpadenou understood and hoped the matter would be actively pursued.. He commented he would advise his constituents. Commissioner Casello thought waiting to see what the Legislature does is a poor choice, noting 75% of the voters voted in favor of the measure and the matter was being delayed. It is important to have regulations now, but commented if they have to be amended in the future, they could. He thought being proactive was vital and noted this is medicine people need. If regulations are in place, they can be amended and commented they did not have to expedite the issue, but staff could work on it right away and move it forward. it was important to have something in place and HB 17 would limit local governments' ability to regulate local businesses, which he did not favor. Some communities could be grandfathered in if there are regulations in place. He asked what communities already have guidelines in place, and learned Parkland, Wilton Manors, Royal Palm Beach, Altamonte Springs, Winter Park and several others. Commissioner Casello asked once an ordinance or regulation is in place, if it could be amended contingent on what the State does and learned it could. Commissioner Katz was presented an Ordinance timeline by the Building Department that syncs up with approval by the Planning and Development Board and City Commission and it appears it would coincide with the deadline for the Department of Health to establish the rules for amendment . If so, the Planning Department can put an ordinance together to regulate these types of dispensaries. They have a timeline that coincides with the law and its eventual implementation. He did not see the need for a delay, which will deprioritize the Ordinance and add additional time to it. He commented, in reference to the Legislature's policy making regarding the amendment, he opined they would be conservative about it as they had previously indicated they are clear they do not favor medicinal marijuana in the conventional sense and thought there would be restrictive rules in place. They may relax some rules they have, but he did not have the concern it could turn into a dispensary on each corner. He did not support the moratorium and favored an ordinance to coincide with the implementation of whatever the Legislature enacts and the Department of Health agrees with. 14 Page 477 of 675 Meeting Minutes City Commission Boynton Beach, Florida March 6, 2017 Mayor Grant pointed out part of the current ordinance is they have to wait 90 days before ordering medical marijuana and he did not think there was any reason to enact anything as soon as the legislation hits. The moratorium will allow the City to see the unknowns before the City Commission has to decide. He would want a conversation to see what is in place. He did not want dispensaries near schools or arterial road and asked if the City Commission would agree to that now. Commissioner Casello thought it should be discussed before passing an ordinance. Commissioner Katz thought the item should be put on as a future agenda item for the next meeting or two for discussion. He has thought about what kind of restrictions he would like to see in reference to the quantity of dispensaries and where they are located in the City, but has not reviewed the technical aspects as the Planning Department can present what they want and the City Commission could consider it. Commissioner Casello wanted to see ordinances and resolutions passed by other cities and take some of their ideas so they do not reinvent the wheel. Mayor Grant commented his vote would be to have a moratorium for six months. He understood people approved medical marijuana for medical purposes, but he wanted to ensure it is not a free for all once the Legislature decides what to do. Commissioner Casello thought if regulations are in place they will be protected. He favored putting it under future agenda and make rules and regulations that can be fine-tuned when the Legislature makes a decision. Commissioner Romelus had discussed the timeline for an Ordinance or regulations with Andrew Mack. She understood the timeline presented, but inquired about the Departments workload.. Andrew Mack, Director of Development, agreed the Department is busy, but he presented a timeline staff can meet. If the City Commission imposes a moratorium, staff could work under that timeframe. As far as a study period, there is a lot of good data and ordinances available the City could use. Staff was already working on the matter when the referendum was approved in November. He was comfortable with the timeline. Commissioner Romelus asked if the moratorium would be from when legislation is passed or from current day. Mayor Grant explained in the time between July 1, 2017, which is the deadline for the moratorium to establish rules, they may receive applications for dispensaries and the City would not have any Iregulations regarding it, the City Commission would have to move forward on that before enacting something. He commented if they do not have the moratorium, he preferred they have the second hearing of an Ordinance before July 1 S« Vice Mayor McCray requested Attorney Cherof bring something back from other cities, the City Commission can review to ensure all are on the same page. Motion 15 Page 478 of 675 Meeting Minutes City Commission Boynton Beach, Florida March 6, 2017 Vice Mayor McCray moved to approve putting this item on a future agenda item for the next meeting. Commissioner Katz seconded the motion for discussion about rules and regulations. Commissioner Casello asked if Mr. Mack was comfortable with his timeline and learned he was and he would review the matter with the City Attorney. Commissioner Casello noted since this passed, Attorney Cherof has kept him in the loop since January. Staff has seen some regulations and they can craft an ordinance in April and then put it before Planning and Development in May and have the first reading of the Ordinance in June and second reading in July. Commissioner Romelus noted if they move the July 4 t meeting it would push the timeline back. Mayor Grant commented he would not be present the first week in Jul X and that was why he wanted to wait until after the election. If they cancelled the July 4t meeting, it would push the Ordinance back two weeks after the second meeting in July. Attorney Cherof would review the issue could be considered zoning in progress. Mr. Mack did not anticipate an application would be submitted in that two week time frame. Vice Mayor McCray pointed out just because the City Commission was going to discuss it at the next City Commission, staff can still work with it. Vote There was consensus to do so. Attorney Cherof commented the item was considered to have died on first reading with no motion. C. Letter to the State of Florida Auditor General regarding the Quantum Park Overlay District. Mayor Grant explained he spoke with the Attorney. He requested to have the State of Florida Auditor General look into the finances and dealings of the Quantum Park Overlay Development District and Board of Directors for however long a time period they could review. He noted he spoke to the City Attorney and they had a property owners association meeting on Friday and it was not well attended, nor was there a quorum to hold the meeting. He favored the authorities look into the district. It would not cost the City as the Office of the Auditor General without charge the City. Commissioner Katz noted he had requested consensus from the City Commission a few months back, to charge the City Attorney with seeing which entity would investigate this and he has come back with the State being in charge of it. The Board had unanimously agreed to review the matter and he hoped the Board would support the City's request to the State to look into their finances as well. Mayor Grant requested a motion to do so. Motion 16 Page 479 of 675 Meeting Minutes City Commission Boynton Beach, Florida March 6, 2017 Commissioner Katz moved to approve. Vice Mayor McCray seconded the motion. Vote The motion unanimously passed. 14. FUTURE AGENDA ITEMS A. Joint City Commission/CRA Workshop strategic plan at the Intracoastal Park March 28, 2017. B. Monthly Departmental Presentations: Communications/Marketing - April 2017 for six month update on 2016 Clubhouse (IPC) at 3:30p.m. - C. Consider adopting a Chronic Nuisance Ordinance. - March/April 2017 D. Discuss cancelling the July 4th City Commission meeting - April 4, 2017 E. Ocean One (REZN 16-001) — Approve Ocean One rezoning from Central Business District (CBD) to Mixed Use High Intensity (MU -H) District with a proposed two-phase master plan for a total of 358 multi -family rental units, 12,075 square feet of commercial retail space and a 120 -room hotel. Applicant: Davis Camalier / Ocean One Boynton, LLC. - March 21, 2017. F. Ocean One (ABAN 17-001) — Approve request for abandonment of a portion of right-of-way of Boynton Beach Boulevard east of Federal Highway, and NE 6th Court between Boynton Beach Boulevard and Ocean Avenue, in conjunction with request for new site plan approval of Ocean One mixed use project. Applicant: Davis Camalier / Ocean One Boynton, LLC. - March 21, 2017 G. Ocean One (CDPA 17-001 & 17-002) — Approve requests for a Community Design Appeal of 1) Chapter 3, Article III, Section S.C., "Build - to -line", which requires buildings to be constructed with a build -to -line of 0 to 15 feet, to allow a setback of approximately 19 feet; and 2) Chapter 4, Article III, Section 6.F., "Off -Street Parking Area Standards", which requires facades of parking garages that front on an arterial or collector roadway to be wrapped with habitable space. Applicant: Davis Camalier / Ocean One Boynton, LLC. - March 21, 2017. H. Ocean One (NWSP 16-002) — Approve request for a New Site Plan for multi -family residential (rental apartments) consisting of 231 dwelling units within an eight (8) -story building, retail space, and associated recreational 17 Page 480 of 675 Meeting Minutes City Commission Boynton Beach, Florida March 6, 2017 amenities and parking on 1.93 acres. Applicant: Davis Camalier / Ocean One Boynton, LLC. - March 21, 2017. I. Appoint a City Commission representative and alternate to the Coalition of Boynton West Residents Association (COBWRA). - April 4, 2017 J. Appoint a City Commission representative and alternate to the Countywide Intergovernmental Coordination Program. - April 4, 2017 K. Appoint a City Commission representative and alternate to the Metropolitan Planning Organization. - April 4, 2017 L. Appoint a City Commission representative and alternate to the Palm Beach County League of Cities. - April 4, 2017 15. ADJOURNMENT Motion There being no further business to discuss, Vice Mayor McCray moved to adjourn. Commissioner Katz seconded the motion. Vote The motion unanimously passed. The meeting was adjourned at 7:56 p.m. (Continued on next page) l"E�3 Page 481 of 675 Meeting Minutes City Commission Boynton Beach, Florida ATTEST Judith A. Pyle, CMC City Clerk Catherine Cherry Minutes Specialist ii March 6, 2017 CITY OF BOYNTON BEACH Mayor - Steven B. Grant Vice Mayor - Mack McCray Commissioner - Justin Katz Commissioner - Christina Romelus Commissioner - Joe Casello Page 482 of 675 7.A. REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R17-029 -Award the Bid for "Self -Contained Breathing Apparatus (SCBA) for Boynton Beach Fire Rescue", Bid No. 017-2210-17/JMA to Municipal Emergency Services, Inc. (MES) of Pinellas Park, FL in the amount of $744,600, and authorize the City Manager to sign a Master Equipment Lease Purchase Agreement with Community Leasing Partners. EXPLANATION OF REQUEST: The Fire Department conducted a three month evaluation study to replace the Department's self-contained breathing apparatus that included field testing of available manufacturers and models of SCBA equipment. The evaluation committee recommended Scott Self -Contained Breathing Apparatus as the top choice for safety, fit, comfort, and function. On February 9, 2017, Procurement Services opened two bids in response to the Request for Bid for "Self - Contained Breathing Apparatus for Boynton Beach Fire Rescue". Of the two responses to the bid, Municipal Emergency Services, Inc. of Pinellas Park, FL submitted the lowest, most responsive, responsible bid to supply all firefighters with eighty (80) Scott SCBAs, two hundred thirty (230)) cylinders, two (2) Rit Paks and all associated equipment for a total amount of $744,600 with an annual maintenance cost of $2,400. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Firefighters will be outfitted with new, improved equipment personally field tested, analyzed and recommended by Boynton Beach Firefighters as the safest, most comfortable SCBAs available. FISCAL IMPACT. Budgeted The Bid documents requested that respondents provide lease/purchase options to Boynton Beach Fire Rescue. The proposed interest rate for sixty months is 2.92%. A 10% deposit in the amount $74,460.00 from account 001-2210-522-64-06 will be issued with the remaining amount of $670,140 financed by Community Leasing Partners of Manhattan, KS, with the first of five payments of $145,994.05 due in February 2018. ALTERNATIVES: To reject the evaluation committee's recommendation for Scott SCBAs and reissue bid open to all manufacturers of SCBAs. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No Page 483 of 675 CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type D Memo D Other D Agreement D Tab Sheets D Attachment REVIEWERS: Department Finance Finance Legal City Manager Description Resolution approving Bid award and authorization to sign Lease Agreement Department Recommendation MIES Lease Terms Lease Purchase Agreement Tabulation Sheets MIES Bid Reviewer Action Howard, Tim Approved Howard, Tim Approved Swanson, Lynn Approved LaVerriere, Lori Approved Date 3/8/2017 ® 9:45 AM 3/8/2017 ® 9:46 AM 3/13/2017 ® 11:14 AM 3/17/2017 ® 9:56 AM Page 484 of 675 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 RESOLUTION NO. R17 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AN AWARD OF BID WITH MUNICIPAL EMERGENCY SERVICES, INC., IN RESPONSE TO BID NO. 017-2210-17/JMA FOR "SELF- CONTAINED BREATHING APPARATUS (SCBA) FOR BOYNTON BEACH FIRE RESCUE" IN THE AMOUNT OF $744,600 AND AUTHORIZING THE CITY MANAGER TO SIGN A MASTER EQUIPMENT LEASE PURCHASE AGREEMENT WITH COMMUNITY FIRST NATIONAL BANK; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on February 9, 2017, Procurement Services received and opened two (2) bids in response to Invitation to Bid #017-2210-17/7MA "Self -Contained Breathing Apparatus (SCBA) for Boynton Beach Fire Rescue"; and WHEREAS, staff reviewed the bid proposals and it was determined that Municipal Emergency Services, Inc., was the lowest, most responsive, responsible bidder; and WHEREAS, the City Commission of the City of Boynton Beach upon recommendation of staff, deems it to be in the best interest of the citizens of the City of Boynton Beach to award Bid No. 017-2210-17/7MA for "Self -Contained Breathing Apparatus (SCBA) for Boynton Beach Fire Rescue" to Municipal Emergency Services, Inc., in the amount of $744,600 and authorize the City Manager to sign a Master Equipment Lease Purchase Agreement with Community First National Bank. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption. C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\2D789622-A8AD-461D-B784-19344186836C\Boynton Beach. 5211.1. Award Bid andLease _Agmt_ with _Municipal _ Emergency_Services _-_Reso.doc -1- Page 485 of 675 30 Section 2. The City Commission of the City of Boynton Beach, Florida, 31 hereby approves the award of bid to Municipal Emergency Services, Inc., of Pinellas Park, 32 FL in the amount of $744,600 and authorizes the City Manager to sign a Master 33 Equipment Lease Purchase Agreement with Community First National Bank, a copy of 34 which is attached hereto as Exhibit "A". 35 Section 3. All insurance required in accordance with the above referenced 36 Master Equipment Lease Purchase Agreement is currently maintained by the City. 37 Section 4. The City has, in accordance with the requirements of law, fully 38 budgeted and appropriated sufficient funds for the current budget year to make rental 39 payments scheduled to come due during the original term and to meet its other obligations 40 for the original term (as terms are defined in the Master Equipment Lease Purchase 41 Agreement) and such funds have not been expended for other purposes. 42 Section 5. The fiscal year of the City is from October 1st to September 31st 43 Section 6. That this Resolution shall become effective immediately. 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 PASSED AND ADOPTED this day of , 2017. CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor — Steven B. Grant Vice Mayor — Mack McCray Commissioner — Justin Katz Commissioner — Christina L. Romelus Commissioner — Joe Casello C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\2D789622-A8AD-461D-B784-19344186836C\Boynton Beach. 5211.1.Award Bid and_Lease_Agmt_with_Municipal_Emergency_Services_-_Reso.doc -2- Page 486 of 675 60 61 VOTE 62 63 ATTEST: 64 65 66 67 Judith A. Pyle, CMC 68 City Clerk 69 70 71 72 (Corporate Seal) 73 C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\2D789622-A8AD-461D-B784-19344186836C\Boynton Beach. 5211.1. Award Bid andLease _Agmt_ with _Municipal _ Emergency_Services _-_Reso.doc -3- Page 487 of 675 The City of Boynton Beach FL To: Julie Alibrandi Senior Buyer, City of Boynton Beach From: Greg Hoggatt, Deputy Chief Boynton Beach Fire Rescue Reference: Bid No: 0 1 7-2210-17/JMA Julie, After review of the proposals, I am recommending that Municipal Emergency Services Inc. (MES) be awarded the Self Contained Breathing Apparatus (SCBA) based upon the their company being the lowest price, most responsive and responsible bidder and that I am asking that we move forward with asking the City Manager to sign a lease/purchasing agreement with MES. Please contact me if you require any additional information and thank you for your help in this project. America's Gateway to the Gulfstream Page 488 of 675 : MUNICIPAL EMERGEEICYiERiiILaS To: From: Customer Name: Equipment: Deliverer: Option 1 Troy Cool @ MES Blake J. Kaus Boynton Beach, FL Scott SCBAs TBD Total Cost: $ 744,600.00 Down Payment: $ - Trade In: $ - Amount Financed: $ 744,600.00 Term in Years: 3 Payment: $21,611.24 Factor: 0.029024 Rate: 2.87% Option 2 215 S. Seth Child Road Manhattan, KS 66502 Phone: 888.777.7850 Mobile: 785.313.3154 Fax: 888.777.7875 February 6, 2017 Payment Frequency: Monthly First Payment: One month from closing 4 5 $16,445.04 $13,353.03 0.022086 0.017933 2.89% 2.92% Total Cost: $ 744,600.00 Payment Frequency: Annual Down Payment: $ 74,460.00 First Payment: One year from closing Trade In: $ - Amount Financed: $ 670,140.00 Term in Years: 3 4 5 Payment: $236,322.93 $179,811.79 $145,994.05 Factor: 0.352647 0.268320 0.217856 Rate: 2.87% 2.89% 2.92% . Fixed interest rate for the terms provided unless otherwise stated. . This lease is to be executed within 30 days of the date of the proposal or Lessor reserves the right to adjust the interest rate. The proposal is subject to credit review and approval and mutually acceptable documentation. ' This proposal has been prepared assuming the lessee is bank qualified and that the proposed lease qualifies for Federal Income Tax Exempt Status for the Lessor under Section 103 of the IRS Code. ' THERE ARE NO DOCUMENTATION OR CLOSING FEES ASSOCIATED WITH THIS PROPOSAL Sincerely, Blake J. Kaus VP, Director of Leasing Community Leasing Partners - a division of CommunilyFirstNafiaasl Bank - Member FDIC Page 489 of 675 COMMUNITY LEASING P A RT N E R S February 27, 2017 Tim W. Howard City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton, FL 33435 215 S. Seth Child Road Manhattan, KS 66502 Phone: 888.777.7850 Fax: 888.777.7875 www.clpusa.net RE: Financing for Eighty (80) SCBAs, Two Hundred Thirty (230) Cylinders, Two (2) Rit Paks, and Associated Equipment Dear Tim, Thank you for the opportunity to work with City of Boynton Beach on your financing project! This package includes the documentation with instructions to complete financing of the equipment. Community First National Bank is listed as Lessor to this Agreement. Community Leasing Partners is a division of Community First National Bank and is the exclusive marketing, origination and placement agent for the bank. Please return all documents with original signatures by 3/13/2017 to avoid any potential change in the payments or interest rate. This Agreement requires three different signers from the City of Boynton Beach and an attorney's opinion letter.. Signer 1- Lori LaVerriere, City Manager Signer 2- Judy Pyle, City Clerk Signer 3- James A. Cherof, Counsel Upon receipt of all listed documents; delivery of the equipment and your approval of the equipment invoice; we will remit payment to the vendor. This transaction is subject to acceptance of the documentation and final review and approval by the Lessor. If you have any questions regarding the documentation, please feel free to contact me at 888.777.7850. Respectfully, Cindy Cindy Turner Assistant Vice President -Leasing Operation P-agp.s pfifD75 Documentation Instructions 0 MASTER EQUIPMENT LEASE PURCHASE AGREEMENT ❑ Lori LaVerriere -sign where indicated; approved as to form by James A. Cherof 0 Exhibit A — SCHEDULE OF EQUIPMENT ❑ Lori LaVerriere -sign where indicated; approved as to form by James A. Cherof 0 Attachment l & 1.1— EQUIPMENT DESCRIPTION & Serial Numbers ❑ Provide physical location where the equipment will be kept after delivery/installation ❑ Lori LaVerriere -sign where indicated; approved as to form by James A. Cherof 0 Attachment 2 —PAYMENT SCHEDULE ❑ Lori LaVerriere -sign where indicated; approved as to form by James A. Cherof 0 Exhibit B — LESSEE RESOLUTION OR Lessee Form of Resolution ❑ Print the date the Resolution is being signed ❑ Print the date of the meeting in which the financing was approved ❑ Lori LaVerriere -sign as "Authorized Signer" ❑ Complete the lessee's fiscal year start and end months ❑ Judy Pyle - sign and print name as "Certified By" ❑ Approved as to form by James A. Cherof 0 Exhibit C - OPINION OF COUNSEL ❑ Request your legal counsel provide an Opinion of Counsel using the example provided; retyped on his/her letterhead with their signature (!f counsel would like changes, he/she must first contact CLP) 0 Exhibit D - ACCEPTANCE CERTIFICATE — to be signed at final delivery of equipment ❑ Lori LaVerriere -sign and date where indicated; approved as to form by James A. Cherof 0 BANK QUALIFIED CERTIFICATE ❑ Lori LaVerriere -sign where indicated; approved as to form by James A. Cherof 0 INSURANCE COVERAGE REQUIRMENTS ❑ Provide Agent's contact information ❑ Lori LaVerriere -sign where indicated; approved as to form by James A. Cherof 0 INVOICE INSTRUCTIONS ❑ Complete contact information for payment billing invoices 0 NOTICE OF ASSIGNMENT ❑ Lori LaVerriere -sign where indicated; approved as to form by James A. Cherof 0 ESCROW AGREEMENT ❑ Lori LaVerriere- sign where indicated; approved as to form by James A. Cherof 0 Exhibit A- PAYMENT REQUEST FORM/ SIGNATURE CARD ❑ Lori LaVerriere- sign where indicated; approved as to form by James A. Cherof 0 TAX COMPLIANCE WITH NO ARBITRAGE ❑ Lori LaVerriere- sign and date where indicated; approved as to form by James A. Cherof 0 8038 - IRS Form ❑ Verify employer identification number in Box 2, Complete Boxes 10a & 10b ❑ Lori LaVerriere -sign and date where indicated under "Signature and Consent" 0 ADDITIONAL DOCUMENTATION NEEDED PRIOR TO VENDOR PAYMENT (at delivery): ❑ Certificate of Insurance from your insurance provider- at delivery ❑ Copy of down payment check to MES iao $74,460.00 at delivery Conditions to Funding If, for any reason: (i) the required documentation is not returned by 3/13/2017, or has unresolved issues relating thereto, or (ii) on, or prior to the return of the documentation, there is a change of circumstances which adversely affects the expectations, rights or security of the Lessor or its assignees; then Lessor or its assignees reserves the right to adjust the quoted interest rate or v✓ithdraw/void its offer to fund this transaction in its entirety. This contract is being issued based upon review of credit and financial materials provided by lessee that resulted in a credit approval decision. CLP is committed to working with the lessee on this transaction throughout the entire process. Failure to complete the lease in its entirety may result in a $500 documentation fee being charged. This fee is for credit analysis, drafting of the contract, overnight services and expenses incurred in processing this agreement. Page 491 of 675 LESSEE: City of Boynton Beach This Master Equipment Lease Purchase Agreement, including all exhibits and schedules hereto whether currently in existence or hereafter executed (the "Agreement"), dated as of 2/20/2017, and entered into between Community First National Bank 215 S. Seth Child Rd, Manhattan, KS 66502 ("Lessor'), and City of Boynton Beach, 100 E. Boynton Beach Blvd., Boynton, FL 33435 a body corporate and politic duly organized and existing under the laws of the State of Florida ("Lessee"); RECITALS WHEREAS, Lessee desires to lease from Lessor certain equipment described in the schedules to this Agreement, substantially in the form of Exhibit A hereto, that are executed from time to time by the parties hereto (such schedules are hereby incorporated herein and are hereinafter collectively referred to as the "Schedules", and the items of equipment leased to Lessee hereunder, together with all substitutions, proceeds, replacement parts, repairs, additions, attachments, accessories and replacements thereto, thereof or therefore, are hereinafter collectively referred to as the "Equipment") subject to the terms and conditions of and for the purposes set forth in this Agreement. WHEREAS, the relationship between the parties shall be a continuing one and items of equipment may be added to or deleted from the Equipment from time to time by execution of additional Schedules by the parties hereto and as otherwise provided herein. WHEREAS, Lessee is authorized under the constitution and laws of the State to enter into this Agreement for the purposes set forth herein. NOW, THEREFORE, for and in consideration of the premises hereinafter contained, the parties hereby agree as follows: ARTICLE I. REPRESENTATIONS, WARRANTIES AND COVENANTS OF LESSEE Section 1.01. Lessee represents, covenants and warrants, for the benefit of Lessor and its assignees, as follows: (a) Lessee is a public body, corporate and politic, duly organized and existing under the Constitution and laws of the State. (b) Lessee will do or cause to be done all things necessary to preserve and keep in full force and affect its existence as a body corporate and politic. Lessee is a political subdivision of the State within the meaning of Section 103(a) of the Code or a constituted authority authorized to issue obligations on behalf of a state or local governmental unit within the meaning of the regulations promulgated pursuant to said Section of the Code. (c) Lessee has full power and authority under the Constitution and laws of the State to enter into this Agreement and the transactions contemplated hereby, and to perform all of its obligations hereunder. (d) Lessee has duly authorized the execution and delivery of this Agreement by proper action by its governing body at a meeting duly called, regularly convened and attended throughout by the requisite majority of the members thereof, or by other appropriate official approval, and all requirements have been met and procedures have occurred in order to ensure the enforceability of this Agreement. (e) Lessee has complied or will comply with such public bidding requirements as may be applicable to this Agreement and the acquisition by Lessee of the Equipment. (f) During the Lease Term, the Equipment will be used by Lessee only for the purpose of performing one or more essential governmental or proprietary functions of Lessee consistent with the permissible scope of Lessee's authority and will not be used in a trade or business of any person or entity other than Lessee. (g) During the Lease Term, Lessee will annually provide Lessor with current financial statements, budgets, proof of appropriation for the ensuing fiscal year and such other financial information relating to the ability of Lessee to continue this Agreement as may be reasonably requested by Lessor. (h) The Equipment will have a useful life in the hands of Lessee that is substantially in excess of the Original Term and all Renewal Terms. (i) The Equipment is, and during the Lease Term will remain personal property and when subjected to use by the Lessee, will not be or become fixtu res. Q) The Equipment is essential to the function of the Lessee and the services provided to its citizens, and will be used throughout the period that this Agreement is in force for the purpose of performing one or more governmental or proprietary functions consistent with the permissible scope of its authority. (k) During the term of this Agreement, Lessee will not dispose of or sell any part of the Equipment. (1) Lessee has not terminated a lease, rental agreement, installment purchase contract, or any other such agreement in the past five (5) years as a result of insufficient funds being appropriated for payments due under such an agreement. (m) This Agreement constitutes the legal, valid and binding obligation of Lessee enforceable in accordance with its terms, except to the extent limited by applicable bankruptcy, insolvency, reorganization or other laws affecting creditors' rights generally. (n) No event or condition that constitutes, or with the giving of notice or the lapse of time or both would constitute, an Event of Default exists at the date hereof. (o) Lessee has, in accordance with the requirements of law, fully budgeted and appropriated sufficient funds for the current fiscal year to make the Rental Payments scheduled to come due during the current fiscal year and to meet its other obligations under this Agreement for the current fiscal year, and such funds have not been expended for other purposes. (p) There is no action, suit, proceeding, inquiry or investigation, at law or in equity, before or by any court, public board or body, pending or threatened against or affecting Lessee, nor to the best knowledge of Lessee is there any basis therefore, wherein an unfavorable decision, ruling or finding would materially adversely affect the transactions contemplated by this Agreement or any other document, agreement or certificate which is used or contemplated for use in the consummation of the transactions contemplated by this Agreement or materially adversely affect the financial condition or properties of Lessee. (q) All authorizations, consents and approvals of governmental bodies or agencies required in connection with the execution and delivery by Lessee of this Agreement or in connection with the carrying out by Lessee of its obligations hereunder have been obtained. (r) The entering into and performance of this Agreement or any other document or agreement contemplated hereby to which Lessee is or is to be a party will not violate any judgment, order, law or regulation applicable to Lessee or result in any breach of, or constitute a default under, or result in the creation of any lien, charge, security interest or other encumbrance on any assets of Lessee or the Equipment pursuant to any indenture, mortgage, deed of trust, bank loan or credit agreement or other instrument to which Lessee is a party or by which it or its assets may be bound, except as herein provided. ARTICLE II. DEFINITIONS Section 2.01. The following terms will have the meanings indicated below unless the context clearly requires otherwise: "Agreement" means this Master Equipment Lease Purchase Agreement, including the Schedules and any other schedule, exhibit or escrow agreement made a part hereof by the parties hereto, whether currently in existence or hereafter executed, as the same may be supplemented or amended from time to time in accordance with the terms hereof. "Code" means the Internal Revenue Code of 1986, as amended, and the United States Treasury Regulations in effect thereunder. "Commencement Date" means, with respect to any Schedule, the date when the Lease Term of this Agreement with respect to that Schedule and Lessee's obligation to pay rent under that Schedule commence, which date will be the earlier of (i) the date of the Agreement, or (ii) the date on which sufficient moneys to purchase the Equipment are deposited for that purpose with an Escrow Agent. "Equipment" means the property described in the Schedules and all replacements, substitutions, repairs, restorations, modifications, attachments, accessions, additions and improvements thereof or thereto. Whenever reference is made in this Agreement to Equipment listed in a Schedule, that reference shall be deemed to include all replacements, repairs, restorations, modifications and improvements of or to that Equipment. "Event of Default" means, with respect to any Lease, an Event of Default described in Section 10.01. "Escrow Agreement" means, with respect to a given Schedule, an escrow agreement in form and substance satisfactory to Lessor, between Lessee, Lessor and an escrow agent relating to the acquisition fund created thereunder. "Lease" means, at any time, (i) if none of Lessor's interest in, to and under any Schedule has been assigned pursuant to Section 9.01, or if all of Lessor's interest in, to and under this Agreement and all Schedules have been assigned to the same assignee without any reassignment, this Agreement, or (ii) if Lessor's interest in, to and under any Schedule or Schedules has been assigned or reassigned pursuant to Section 9.01, all Schedules that have the same Lessor and this Agreement as it relates to those Schedules and the Equipment listed therein, which shall constitute a separate single lease relating to that Equipment. "Lease Term" means, with respect to any Lease, the Original Term and all Renewal Terms of that Lease. "Lessee" means the entity which is described in the first paragraph of this Agreement, its successors and assigns. "Lessor" means, with respect to each Schedule and the Lease of which that Schedule is a part, (i) if Lessor's interest in, to and under that Schedule has not been assigned pursuant to Section 9.01, the entity described as such in the first paragraph of this Agreement or its successor, or (ii) if Lessor's interest in, to and under that Schedule has been assigned pursuant to Section 9.01, the assignee thereof or its successor. "Net Proceeds" means the amount remaining from the gross proceeds of any insurance claim or condemnation award after deducting all expenses (including attorneys' fees) incurred in the collection of such claim or award. "Original Term" means, with respect to any Lease, the period from the first Commencement Date for any Schedule under that Lease until the end of the fiscal year of Lessee in effect at that Commencement Date. "Purchase Option Price" means, with respect to the Equipment listed on any Schedule, the amount set forth in that Schedule as the Purchase Option Price for that Equipment. "Renewal Terms" means, with respect to any Lease, the automatic renewal terms of that Lease, as provided for in Article III of this Agreement, each having a duration of one year and a term co -extensive with the Lessee's fiscal year except the last of such automatic renewal terms which shall end on the due date of the last Rental Payment set forth in the Schedule. "Rental Payments" means the basic rental payments payable by Lessee pursuant to Section 4.02. "State" means the state in which Lessee is located. "Vendor" means the manufacturer of the Equipment as well as the agents or dealers of the manufacturer from whom Lessor purchased or is purchasing the Equipment. ARTICLE III. LEASE TERM Section 3.01. Lease of Equipment. Lessor hereby demises, leases and lets to Lessee, and Lessee rents, leases and hires from Lessor, the Equipment listed in each Schedule in accordance with this Agreement and that Schedule for the Lease Term for the Lease of which that Schedule is a part. The Lease Term for each Lease may be continued at the end of the Original Term or any Renewal Term for an additional Renewal Term; provided, however, that at the end of the Original Term and at the end of each Renewal Term, Lessee shall be deemed to have continued that Lease for the next Renewal Term unless Lessee shall have terminated that Lease pursuant to Section 4.05 or Section 5.03. The terms and conditions during any Renewal Term shall be the same as the terms and conditions during the Original Term, except that the Rental Payments shall be as provided in the Schedules. Lessor hereby covenants to provide Lessee during the Lease Term with quiet use and enjoyment of the Equipment, and Lessee shall during the Lease Term peaceably and quietly have and hold and enjoy the Equipment, without suit, trouble or hindrance from Lessor, except as expressly set forth in this Agreement. Section 3.02. Continuation of Lease Term. Lessee currently intends, subject to Section 4.05, to continue the Lease Term for each Lease through the Original Term and all of the Renewal Terms and to pay the Rental Payments hereunder. Lessee reasonably believes that legally available funds in an amount sufficient to make all Rental Payments during the Lease Term for each Lease can be obtained. The responsible financial officer of Lessee shall do all things lawfully within his or her power to obtain and maintain funds from which the Rental Payments may be made, including making provision for the Rental Payments to the extent necessary in each proposed annual budget submitted for approval in accordance with applicable procedures of Lessee and to exhaust all available reviews and appeals in the event such portion of the budget is not approved. Notwithstanding the foregoing, the decision whether or not to budget or appropriate funds or to extend a Lease for any Renewal Term is solely within the discretion of the then current governing body of Lessee. Section 3.03. Return of Equipment on Termination. Upon expiration or earlier termination of any Schedule under any provision of this Agreement at a time when Lessee does not exercise its option to purchase the Equipment described in that Schedule under the provisions of this Agreement, Lessee shall deliver, at Lessee's expense, the Equipment described in that Schedule to Lessor in the same condition as existed at the Commencement Date, ordinary wear and tear expected, packaged or otherwise prepared in a manner suitable by shipment by truck or rail common carrier at a location specified by Lessor. Section 3.04. Conditions to Lessor's Performance under Schedules. As a prerequisite to the performance by Lessor of any of its obligations pursuant to the execution and delivery of any Schedule, Lessee shall deliver to Lessor the following: (a) A Lessee Resolution executed by the Clerk or Secretary or other comparable officer of Lessee, in substantially the form attached hereto as Exhibit B, completed to the satisfaction of Lessor; (b) An Opinion of Counsel to Lessee in substantially the form attached hereto as Exhibit C respecting such Schedule and otherwise satisfactory to Lessor; (c) All documents, including financing statements, affidavits, notices and similar instruments, in form satisfactory to Lessor, which Lessor deems necessary or appropriate at that time; (d) Such other items, if any, as are set forth in such Schedule or are reasonably required by Lessor. This Agreement is not a commitment by Lessor to enter into any Schedule not currently in existence, and nothing in this Agreement shall be construed to impose any obligation upon Lessor to enter into any proposed Schedule, it being understood that whether Lessor enters into any proposed Schedule shall be a decision solely within Lessor's discretion. Lessee will cooperate with Lessor in Lessor's review of any proposed Schedule. Without limiting the foregoing, Lessee will provide Lessor with any documentation or information Lessor may request in connection with Lessor's review of any proposed Schedule. Such documentation may include, without limitation, documentation concerning the Equipment and its contemplated use and location and documentation or information concerning the financial status of Lessee and other matters related to Lessee. — P-aggAW sp#rfD75 ARTICLE IV. RENTAL PAYMENTS Section 4.01. Rental Payments to Constitute a Current Expense of Lessee. Lessor and Lessee understand and intend that the obligation of Lessee to pay Rental Payments hereunder shall constitute a current expense of Lessee and shall not in any way be construed to be a debt of Lessee in contravention of any applicable constitutional or statutory limitations or requirements concerning the creation of indebtedness by Lessee, nor shall anything contained herein constitute a pledge of the general tax revenues, funds or monies of Lessee. Section 4.02. Payment of Rental Payments. Lessee shall pay Rental Payments, from any and all legally available funds, in lawful money of the United States of America, exclusively to Lessor or, in the event of assignment by Lessor, to its assignee, in the amounts and on the dates set forth in each Schedule. Rental Payments shall be in consideration for Lessee's use of the Equipment during the applicable year in which such payments are due. The Rental Payments will be payable without notice or demand at the office of Lessor (or such other place as Lessor may from time to time designate in writing). If any Rental Payment or other sum payable under any Schedule is not paid when due, Lessee shall pay to Lessor accrued interest on such delinquent amount from the date due thereof until paid at the lesser of 18% or the maximum rate allowed by law. In the event that it is determined that any of the interest components of Rental Payments may not be excluded from gross income for purposes of federal income taxation, Lessee agrees to pay to Lessor promptly after any such determination and on the date of each Rental Payment thereafter an additional amount determined by Lessor to compensate Lessor for the loss of such excludability (including without limitation, compensation relating to interest expense, penalties or additions to tax), which determination shall be conclusive absent manifest error. Section 4.03. Interest and Principal Components. A portion of each Rental Payment is paid as, and represents payment of, interest, and the balance of each Rental Payment is paid as, and represents payment of, principal. Each Schedule will set forth the interest component and the principal component of each Rental Payment during the Lease Term. Section 4.04. Rental Payments to be Unconditional. The obligations of Lessee to make payment of the Rental Payments required under this Article IV and other sections hereof, and to perform and observe the covenants and agreements contained herein, shall be absolute and unconditional in all events, except as expressly provided under this Agreement. Notwithstanding any dispute between Lessee and Lessor, any Vendor or any other dispute between Lessee and Lessor, any Vendor or any other person, Lessee shall make all payments of Rental Payments when due and shall not withhold any Rental Payments pending final resolution of such dispute, nor shall Lessee assert any right of set-off or counterclaim against its obligation to make such payments required under this Agreement. Lessee's obligation to make Rental Payments during the Original Term or the then -current Renewal Term for each Schedule shall not be abated through accident or unforeseen circumstances. Section 4.05. Non appropriation. Lessee is obligated only to pay such Rental Payments under this Agreement (and any additional amounts due hereunder, if applicable) as may lawfully be made from funds budgeted and appropriated for that purpose during Lessee's then current fiscal year. Should Lessee fail to budget, appropriate or otherwise make available funds to pay Rental Payments under a Lease following the then current Original Term or Renewal Term, that Lease shall be deemed terminated at the end of the then current Original Term or Renewal Term. Lessee agrees to deliver written notice to Lessor of such termination at least 60 days prior to the end of the then current Original Term or Renewal Term, but failure to give such written notice shall not extend the term beyond such Original Term or Renewal Term. ARTICLE V. TITLE TO EQUIPMENT; SECURITY INTEREST; OPTION TO PURCHASE Section 5.01. Title to the Equipment. Title to the Equipment shall be and remain in Lessor when Lessee acquires and accepts the Equipment. Title to the Equipment subject to a Lease will automatically transfer to Lessee upon payment of all Rental Payments relating thereto or payment by Lessee of the Purchase Option Price in accordance with Section 5.03 with respect thereto. In either of such events Lessor shall execute and deliver to Lessee such documents as Lessee may request to evidence the passage of legal title to the Equipment subject to such Lease to Lessee. Section 5.02. Personal Property. Lessor and Lessee agree that the Equipment is and will remain personal property and will not be deemed to be affixed to or a part of the real estate on which it may be situated, notwithstanding that the Equipment or any part thereof may be or hereafter become in any manner physically affixed or attached to real estate or any building thereon. Upon the request of Lessor, Lessee will, at Lessee's expense, furnish a waiver of any interest in the Equipment from any party having an interest in any such real estate or building. Section 5.03. Option to Purchase. Lessee shall have the option to purchase Lessor's interest in all (but not less than all) of the Equipment described in any Schedule, upon giving written notice to Lessor at least 60 (but not more than 180) days before the date of purchase, at the following times and upon the following terms: (a) On the date of the last Rental Payment set forth in that Schedule (assuming this Agreement is renewed at the end of the Original Term and each Renewal Term), if the Agreement is still in effect on such day, upon payment in full to Lessor of the Rental Payments and all other amounts then due under that Schedule plus One Dollar; (b) On the last day of the Original Term or any Renewal Term then in effect, upon payment in full to Lessor of the Rental Payments and all other amounts then due under that Schedule plus the then applicable Purchase Option Price set forth in that Schedule; or (c) In the event of substantial damage to or destruction or condemnation of substantially all of the Equipment listed in that Schedule on the day specified in Lessee's written notice to Lessor of its exercise of the purchase option upon payment in full to Lessor of the Rental Payments and all other amounts then due under that Schedule, including, without limitation, interest accrued to the date of payment, plus the then applicable Purchase Option Price set forth in that Schedule. ARTICLE VI. DELIVERY, MAINTENANCE; MODIFICATION; TAXES; INSURANCE AND OTHER CHARGES Section 6.01. Delivery, Installation and Acceptance of Equipment. Lessee shall order the Equipment, cause the Equipment to be delivered and installed at the locations specified in the Schedules and pay any and all delivery and installation costs in connection therewith. When the Equipment listed in any Schedule has been delivered and installed, Lessee shall immediately accept such Equipment and evidence said acceptance by executing and delivering to Lessor an Acceptance Certificate in the form attached hereto as Exhibit D. Section 6.02. Location: Inspection. Once installed, no item of the Equipment will be moved from the location specified for it in the Schedule on which that item is listed without Lessor's consent, which consent shall not be unreasonably withheld. Lessor shall have the right at all reasonable times during regular business hours to enter into and upon the property of Lessee for the purpose of inspecting the Equipment. Section 6.03. Maintenance of Eauipment by Lessee. Lessee agrees that at all times during the Lease Term Lessee will, at Lessee's own cost and expense, maintain, preserve and keep the Equipment in good repair, working order and condition, and that Lessee will from time to time make or cause to be made all necessary and proper repairs, replacements and renewals. Lessor shall have no responsibility in any of these matters, or for the making of improvements or additions to the Equipment. Lessee shall not make material modifications to the Equipment without the prior consent of Lessor. Section 6.04. Liens, Taxes, Other Governmental Charges and Utility Charges. Lessee shall keep the Equipment free of all liens, charges and encumbrances except those created by this Agreement. The parties to this Agreement contemplate that the Equipment will be used for a governmental or proprietary purpose of Lessee and, therefore, that the Equipment will be exempt from all taxes presently assessed and levied with respect to personal property. In the event that the use, possession or acquisition of the Equipment is found to be subject to taxation in any form (except for income taxes of Lessor), Lessee will pay, as the same respectively come due, all taxes and governmental charges of any kind whatsoever that may at any time be lawfully assessed or levied against or with respect to the Equipment and any equipment or other property acquired by Lessee in substitution for, as a renewal or replacement of, or a modification, improvement or addition to the Equipment, as well as all gas, water, steam, electricity, heat, power, telephone, utility and other charges incurred in the operation, maintenance, use, occupancy and upkeep of the Equipment; provided that, with respect to any governmental charges that may lawfully be paid in installments over a period of years, Lessee shall be obligated to pay only such installments as have accrued during the Lease Term. Lessee will take no action that will cause the interest portion of any Rental payment to become includable in gross income of the recipient for purposes of federal income taxation under the Code, and Lessee will take, and will cause its officers, employees and agents to take, all affirmative action legally within its power to prevent such interest from being includable in gross income for purposes of federal income taxation under the Code. Lessee acknowledges that Lessor's yield with respect to this Agreement is dependent upon the interest component of each Rental Payment being excluded from Lessor's income pursuant to the Code. _ 3 -499Sffi� s9W75 Section 6.05. Provisions Regardinq Insurance. At its own expense, Lessee shall maintain (a) casualty insurance insuring the Equipment against loss or damage by fire and all other risks covered by the standard extended coverage endorsement then in use in the State, and any other risks reasonably required by Lessor, in an amount at least equal to the replacement cost of the Equipment, (b) liability insurance that protects Lessor from liability in all events in form and amount satisfactory to Lessor and (c) workers' compensation coverage as required by the laws of the State; provided that, with Lessor's prior written consent, Lessee may self -insure against the risks described in clauses (a) and (b); provided further that, if Lessor provides such consent Lessee shall provide to Lessor information with respect to such self-insurance program as Lessor may request from time to time. All insurance proceeds from casualty losses shall be payable as hereinafter provided. Lessee shall furnish to Lessor certificates evidencing such coverage throughout the Lease Term. All such casualty and liability insurance shall be with insurers that are acceptable to Lessor, shall name Lessor as a loss payee and an additional insured, respectively, and shall contain a provision to the effect that such insurance shall not be canceled or modified materially without first giving written notice thereof to Lessor at least 30 days in advance of such cancellation or modification. All such casualty insurance shall contain a provision making any losses payable to Lessee and Lessor as their respective interests may appear. Section 6.06. Advances. In the event Lessee shall fail to maintain the full insurance coverage required by this Agreement or shall fail to keep the Equipment in good repair and operating condition, Lessor may (but shall be under no obligation to) purchase the required insurance and pay the premiums on the same or may make such repairs or replacements as are necessary and provide for payment thereof; and all amounts so advanced therefore by Lessor shall constitute additional rent for the then -current Original Term or Renewal Term, and Lessee covenants and agrees to pay such amounts so advanced by Lessor with interest thereon from the date advanced until paid at the rate of 18% per annum or the maximum interest rate permitted by law, whichever is less. ARTICLE VII. DAMAGE, DESTRUCTION AND CONDEMNATION: USE OF NET PROCEEDS Section 7.01. Risk of Loss. Lessee is responsible for the entire risk of loss of or damage or destruction to the Equipment. No such loss, damage or destruction shall relieve Lessee of any obligation under this Agreement or any Lease. Section 7.02. Damage, Destruction and Condemnation. If (a) the Equipment listed on any Schedule or any portion thereof is destroyed, in whole or in part, or is damaged by fire or other casualty or (b) title to, or the temporary use of, the Equipment or any part thereof shall be taken under the exercise of the power of eminent domain by any governmental body or by any person, firm or corporation acting pursuant to governmental authority, Lessee and Lessor will cause the Net Proceeds of any insurance claim or condemnation award to be applied to the prompt replacement, repair, restoration, modification or improvement of that Equipment, unless Lessee shall have exercised its option to purchase that Equipment pursuant to Section 5.03. Any balance of the Net Proceeds remaining after such work has been completed shall be paid to Lessee. Section 7.03. Insufficiency of Net Proceeds. If the Net Proceeds are insufficient to pay in full the cost of any replacement, repair, restoration, modification or improvement referred to in Section 7.02, Lessee shall either complete such replacement, repair, restoration, modification or improvement and pay any costs thereof in excess of the amount of the Net Proceeds, unless Lessee, pursuant to Section 5.03, purchases Lessor's interest in the Equipment destroyed, damaged or taken and any other Equipment listed in the same Schedule. The amount of the Net Proceeds, if any, remaining after completing such repair, restoration, modification or improvement or after purchasing Lessor's interest in the Equipment shall be retained by Lessee. If Lessee shall make any payments pursuant to this Section, Lessee shall not be entitled to any reimbursement therefore from Lessor nor shall Lessee be entitled to any diminution of the amounts payable under Article IV. ARTICLE VIII. DISCLAIMER OF WARRANTIES; VENDOR'S WARRANTIES; USE OF THE EQUIPMENT Section 8.01. Disclaimer of Warranties. LESSEE HAS SELECTED THE EQUIPMENT AND THE VENDORS. LESSOR MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO THE VALUE, DESIGN, CONDITION, MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE OR FITNESS FOR USE OF THE EQUIPMENT, OR WARRANTY OR REPRESENTATION WITH RESPECT THERETO. In no event shall Lessor be liable for an incidental, indirect, special or consequential damage in connection with or arising out of this Agreement or the existence, furnishing, functioning or Lessee's use of any item or products or service provided for in this Agreement. Section 8.02. Vendor's Warranties. Lessor hereby irrevocably appoints Lessee its agent and attorney-in-fact during the Lease Term, so long as Lessee shall not be in default hereunder, to assert from time to time whatever claims and rights, including warranties of the Equipment, which Lessor may have against the Vendor of the Equipment. Lessee's sole remedy for the breach of such warranty, indemnification or representation shall be against the Vendor of the Equipment, and not against Lessor, nor shall such matter have any effect, whatsoever on the rights and obligations of Lessor with respect to this Agreement, including the right to receive full and timely payments hereunder. Lessee expressly acknowledges that Lessor makes, and has made no representation or warranties whatsoever as to the existence or availability of such warranties of the Vendor of the Equipment. Section 8.03. Use of the Equipment. Lessee will not install, use, operate or maintain the Equipment improperly, carelessly, in violation of any applicable law or in a manner contrary to that contemplated by this Agreement. Lessee shall provide all permits and licenses, if any, necessary for the installation and operation of the Equipment. In addition, Lessee agrees to comply in all respects (including, without limitation, with respect to the use, maintenance and operation of each item of the Equipment) with all laws of the jurisdictions in which its operations involving any item of Equipment may extend and any legislative, executive, administrative or judicial body exercising any power or jurisdiction over the items of the Equipment; provided, however, that Lessee may contest in good faith the validity or application of any such law or rule in any reasonable manner which does not, in the opinion of Lessor, adversely affect the title of Lessor in and to any of the items of the Equipment or its interest or rights under this Agreement. Section 8.04. Essential Nature of the Eauipment. Lessee confirms and affirms that the Equipment is essential to the function of Lessee and the services provided to its citizens, that there is an immediate need for the Equipment which is not temporary or expected to diminish in the foreseeable future, and that Lessee will use substantially all the Equipment for the purpose of performing one or more governmental or proprietary functions consistent with the permissible scope of its authority. ARTICLE IX. ASSIGNMENT, SUBLEASING, INDEMNIFICATION, MORTGAGING AND SELLING Section 9.01. Assignment by Lessor. Lessor's interest in, to, and under this Agreement; any Lease and the Equipment may be assigned and reassigned in whole or in part to one or more assignees by Lessor at any time subsequent to its execution. Lessee hereby agrees to maintain a written record of each such assignment in form necessary to comply with Section 149(a) of the Code. No such assignment shall be binding on Lessee until it has received written notice from Lessor of the assignment disclosing the name and address of the assignee. Lessee agrees to execute all documents, including chattel mortgages or financing statements that may be reasonably requested by Lessor or any assignee to protect its interests in the Equipment and in this Agreement. Lessee shall not have the right to and shall not assert against any assignee any claim, counterclaim, defense, set-off or other right Lessee may from time to time have against Lessor. Section 9.02. Assignment and Subleasing by Lessee. None of Lessee's interest in, to and under this Agreement and in the Equipment may be sold, assigned, subleased, pledged or otherwise encumbered by Lessee without the prior written consent of Lessor. Section 9.03. Release and indemnification Covenants. To the extent permitted by law, Lessee shall indemnify, protect, hold harmless, save and keep harmless Lessor from and against any and all liabilities, obligations, losses, claims and damages whatsoever, regardless of cause thereof, and all expenses in connection therewith (including, without limitation, counsel fees and expenses, penalties connected therewith imposed on interest received) arising out of or as (a) result of the entering into of this Agreement, (b) the ownership of any item of the Equipment, (c) the manufacture, ordering, acquisition, use, operation, condition, purchase, delivery, rejection, storage or return of any item of the Equipment, (d) or any accident in connection with the operation, use, condition, possession, storage or return of any item of the Equipment resulting in damage to property or injury to or death to any person, and/or (e) the breach of any covenant herein or any material misrepresentation contained herein. The indemnification arising under this paragraph shall continue in full force and effect notwithstanding the full payment of all obligations under this Agreement or the termination of the Lease Term for any reason. FAaq,s4p§ sgtP75 ARTICLE X. EVENTS OF DEFAULT AND REMEDIES Section 10.01. Events of Default Defined. Subject to the provisions of Section 4.05, any of the following events shall constitute an "Event of Default" under any Lease: (a) Failure by Lessee to pay any Rental Payment or other payment required to be paid under that Lease at the time specified in that Lease; (b) Failure by Lessee to observe and perform any covenant, condition or agreement on its part to be observed or performed under that Lease, other than as referred to in subparagraph (a) above, for a period of 30 days after written notice specifying such failure and requesting that it be remedied is given to Lessee by Lessor, unless Lessor shall agree in writing to an extension of such time prior to its expiration; provided that, if the failure stated in the notice cannot be corrected within the applicable period, Lessor will not unreasonably withhold its consent to an extension of such time if corrective action is instituted by Lessee within the applicable period and diligently pursued until the default is corrected; (c) Any statement, representation or warranty made by Lessee in or pursuant to that Lease or its execution, delivery or performance shall prove to have been false, incorrect, misleading or breached in any material respect on the date when made; (d) Any provision of that Lease shall at any time for any reason cease to be valid and binding on Lessee, or shall be declared to be null and void, or the validity or enforceability thereof shall be contested by Lessee or any governmental agency or authority if the loss of such provision would materially adversely affect the rights or security of Lessor, or Lessee shall deny that it has any further liability or obligation under that Lease. (e) Lessee shall (i) apply for or consent to the appointment of a receiver, trustee, custodian or liquidator of Lessee, or of all or a substantial part of the assets of Lessee, (ii) be unable, fail or admit in writing its inability generally to pay its debts as they become due, (iii) make a general assignment for the benefit of creditors, (iv) have an order for relief entered against it under applicable federal bankruptcy law, or (v) file a voluntary petition in bankruptcy or a petition or an answer seeking reorganization or an arrangement with creditors or taking advantage of any insolvency law or any answer admitting the material allegations of a petition filed against Lessee in any bankruptcy, reorganization or insolvency proceeding; or (f) An order, judgment or decree shall be entered by any court of competent jurisdiction, approving a petition or appointing a receiver, trustee, custodian or liquidator of Lessee or of all or a substantial part of the assets of Lessee, in each case without its application, approval or consent, and such order, judgment or decree shall continue unstayed and in effect for any period of 30 consecutive days. Section 10.02. Remedies on Default. Whenever any Event of Default under any Lease exists, Lessor shall have the right, at its sole option without any further demand or notice, to take one or any combination of the following remedial steps: (a) By written notice to Lessee, declare all Rental Payments and other amounts payable by Lessee under that Lease to the end of the then current Original Term or Renewal Term to be due; (b) Upon written request by Lessor, Lessee shall within thirty (30) days use its best efforts to sell the Equipment subject to such Lease for an amount equal to the sum of all Rental Payments then due or past due and the applicable Purchase Option Price, and any other amounts due Lessor hereunder, and if Lessee sells the Equipment Lessee shall pay to Lessor an amount of proceeds thereof equal to the foregoing. If Lessee fails to sell the Equipment for such amount, then Lessee shall at its expense cause the Equipment to be delivered to Lessor at a place in the State designated by Lessor. If Lessee fails or refuses to transfer the Equipment to Lessor as herein provided, Lessor shall have the right to obtain a judgment against Lessee for the amount required to be paid to Lessor from the proceeds of the sale of the Equipment plus interest thereon to the date of payment at the lower of 10% per annum or the highest rate permitted by law. In addition, whenever an Event of Default exists with respect to any Rental Payment required by a particular Schedule or with respect to any other payment, covenant, condition, agreement, statement, representation or warranty set forth in that Schedule or applicable to that Schedule or the Equipment listed therein, Lessor shall have the right, at its sole option without any further demand or notice, to take one or any combination of the following remedial steps: (d) By written notice to Lessee, Lessor may declare all Rental Payments payable by Lessee pursuant to that Schedule and other amounts payable by Lessee under this Agreement to the end of the then current Original Term or Renewal Term to be due; (e) Upon written request by Lessor, Lessee shall within thirty (30) days use its best efforts to sell the Equipment subject to such Schedule for an amount equal to the sum of all Rental Payments then due or past due and the applicable Purchase Option Price, and any other amounts due Lessor hereunder, and if Lessee sells the Equipment Lessee shall pay to Lessor an amount of proceeds thereof equal to the foregoing. If Lessee fails to sell the Equipment for such amount, then Lessee shall at its expense cause the Equipment to be delivered to Lessor at a place in the State designated by Lessor. If Lessee fails or refuses to transfer the Equipment to Lessor as herein provided, Lessor shall have the right to obtain a judgment against Lessee for the amount required to be paid to Lessor from the proceeds of the sale of the Equipment plus interest thereon to the date of payment at the lower of 10% per annum or the highest rate permitted by law. In addition to the remedies specified above, Lessor may charge interest on all amounts due to it at the rate of 10% per annum or the maximum amount permitted by law, whichever is less. The exercise of any such remedies respecting any such Event of Default shall not relieve Lessee of any other liabilities under any other Schedules, this Agreement related to any other Schedule or the Equipment listed therein. Section 10.03. Remedies Exclusive. The remedies provided to Lessor under Section 10.02 shall be the sole and exclusive remedies exercisable by Lessor in the event of a default by Lessee hereunder. Section 10.04. Agreement to Pay Attorneys' Fees and Expenses. If Lessee should default under any of the provisions hereof and Lessor should employ attorneys or incur other expenses for the collection of moneys or for the enforcement of performance or observance of any obligation or agreement on the part of Lessee contained in this Agreement, Lessee agrees, to the extent it is permitted by law to do so, that it will, if assessed by a court of competent jurisdiction, pay to Lessor the reasonable fees of those attorneys and other reasonable expenses so incurred by Lessor. Section 10.05. Application of Moneys. Any net proceeds from the exercise of any remedy hereunder (after deducting all expenses of Lessor in exercising such remedies including without limitation all expenses of taking possession, storing, reconditioning and selling or leasing Equipment and all brokerage, auctioneer's or attorney's fees) shall be applied as follows: (a) If such remedy is exercised solely with respect to a single Schedule, Equipment listed in that Schedule or rights under the Agreement related to that Schedule, then to amounts due pursuant to that Schedule and other amounts related to that Schedule or that Equipment. (b) If such remedy is exercised with respect to more than one Schedule, Equipment listed in more than one Schedule or rights under the Agreement related to more than one Schedule, then to amounts due pursuant to those Schedules pro rata. ARTICLE XI. MISCELLANEOUS Section 11.01. Notices. All notices, certificates or other communications hereunder shall be sufficiently given and shall be deemed given when delivered or mailed by registered mail, postage prepaid, to the parties at their respective places of business. Section 11.02. Binding Effect: Entire Agreement: Amendments and Modifications. This Agreement shall inure to the benefit of and shall be binding upon Lessor and Lessee and their respective successors and assigns. The terms of this Agreement shall not be waived, altered, modified, supplemented or amended in any manner whatsoever except by written instrument signed by the Lessor and the Lessee; nor shall any such amendment that affects the rights of Lessor's assignee be effective without such assignee's consent. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. Section 11.03. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State. Section 11.04. Severability. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. Section 11.05. Amendments. Changes and Modifications. This Agreement may be amended, added to, changed or modified by written agreement duly executed by Lessor and Lessee. Section 11.06. Execution in Counterparts: Chattel Paper. This Agreement, including in writing each Schedule, may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument; except (1) to the extent that various Schedules and this Agreement as it relates thereto constitutes separate Leases as provided in this Agreement and (2) that Lessor's interest in, to andder an ed i ��9ti EC�75 and the Agreement as it relates to that Schedule, and the Equipment listed in that Schedule may be sold or pledged only by delivering possession of the original counterpart of that Schedule marked "Counterpart No. 1," which Counterpart No. 1 shall constitute chattel paper for purposes of the Uniform Commercial Code. Section 11.07. Usury. The parties hereto agree that the charges in this Agreement and any Lease shall not be a violation of usury or other law. Any such excess charge shall be applied in such order as to conform this Agreement and such Lease to such applicable law. Section 11.08. Jury Trial Waiver. To the extent permitted by law, lessee agrees to waive its right to a trial by jury. Section 11.09. Facsimile Documentation. Lessee agrees that a facsimile copy of this Agreement or any Lease with facsimile signatures may be treated as an original and will be admissible as evidence of this Agreement or such Lease. Section 11.10. Captions. The captions or headings in this Agreement are for convenience only and in no way define, limit or describe the scope or intent of any provisions or sections of this Agreement. Lessor and Lessee have caused this Agreement to be executed in their names by their duly authorized representatives listed below. Lease No. BOYFL2017-02E LESSEE: City of Boynton Beach LESSOR: Community First National Bank Lori LaVerriere, City Manager Signature Name and Title Approved as to Form: James A. Cherof, Counsel — b 4WiSId='F'L scALP75 ■ a; SCHEDULE OF EQUIPMENT NO. 01, Dated 2/20/2017 Counterpart No. 1, LESSOR'S INTEREST IN, TO AND UNDER THIS SCHEDULE AND THE AGREEMENT AS IT RELATES TO THIS SCHEDULE MAY BE SOLD OR PLEDGED ONLY BY DELIVERING POSSESSION OF COUNTERPART NO. 1 OF THIS SCHEDULE, WHICH COUNTERPART NO. 1 SHALL CONSTITUTE CHATTEL PAPER FOR PURPOSES OF THE UNIFORM COMMERCIAL CODE. Re: Master Equipment Lease Purchase Agreement, dated as of 2/20/2017, between Community First National Bank, as Lessor, and City of Boynton Beach, as Lessee. 1. Defined Terms. All terms used herein have the meanings ascribed to them in the above referenced Master Equipment Lease Purchase Agreement (the "Master Equipment Lease"). 2. Equipment. The Equipment included under this Schedule of Equipment is comprised of the items described in the Equipment Description attached hereto as Attachment 1, together with all replacements, substitutions, repairs, restorations, modifications, attachments, accessions, additions and improvements thereof or thereto. 3. Payment Schedule. The Rental Payments and Purchase Option Prices under this Schedule of Equipment are set forth in the Payment Schedule attached as Attachment 2 hereto. 4. Representations, Warranties and Covenants. Lessee hereby represents, warrants, and covenants that its representations, warranties and covenants set forth in the Agreement are true and correct as though made on the date of commencement of Rental Payments on this Schedule. 5. The Master Equipment Lease. This Schedule is hereby made as part of the Master Equipment Lease and Lessor and Lessee hereby ratify and confirm the Master Equipment Lease. The terms and provisions of the Master Equipment Lease (other than to the extent that they relate solely to other Schedules or Equipment listed on other Schedules) are hereby incorporated by reference and made a part hereof. Lease Number: BOYFL2017-02E LESSEE: City of Boynton Beach LESSOR: Community First National Bank Lori LaVernere, City Manager Signature Name and Title Approved as to Form: James A. Cherof, Counsel — �P-aq-% sgt4375 ATTACHMEnTl EQUIPMENT DESCRIPTION RE: Schedule of Equipment No. 01, dated 2/20/2017, to Master Equipment Lease Purchase Agreement, dated as of 2/20/2017, between Community First National Bank, as Lessor, and City of Boynton Beach, as Lessee. Lease Number: BOYFL2017-02E Eighty (80) SCBAs, Two Hundred Thirty (230) Cylinders, Two (2) Rit Paks, and Associated Equipment Serial numbers provided at delivery and detailed on Attachment 1.1 With a total acquisition cost of $744,600.00; together with all additions, accessions and replacements thereto. Lessee hereby certifies the description of the personal property set forth above constitutes an accurate description of the "Equipment', as defined in the attached Master Equipment Lease Purchase Agreement and the Equipment is located on the premise of the Lessee unless otherwise noted by the Lessee. Physical location where equipment be stored after delivery: LESSEE: City of Boynton Beach Lori LaVerriere, City Manager Approved as to Form: James A. Cherof, Counsel P_ ejs4pA pfN975 EQUIPMENT DESCRIPTION -SERIAL RE: Schedule of Equipment No. 01, dated 2/20/2017, to Master Equipment Lease Purchase Agreement, dated as of 2/20/2017, between Community First National Bank, as Lessor, and City of Boynton Beach, as Lessee. Lease Number: BOYFL2017-02E To be completed when delivery of the equipment has occurred LESSEE: City of Boynton Beach Lori LaVerriere, City Manager Approved as to Form: James A. Cherof, Counsel P-aggs spt4375 jjff�x VIM J� 1:4 Z II&A M I =415a RE: Schedule of Equipment No. 01, dated 2/20/2017, to Master Equipment Lease Purchase Agreement, dated as of 2/20/2017, between Community First National Bank, as Lessor, and City of Boynton Beach, as Lessee. Lease Number: BOYFL2017-02E Amount Financed: $670,140.00 AMORTIZATION SCHEDULE - Normal Amortization, 360 Day Year Payment Number Payment Date Payment Amount Interest Portion 1 Principal I Portion Purchase Option Price 1 2/20/2018 $145,994.05 $19,568.08 $126,425.97 Not Available 2 2/20/2019 $145,994.05 $15,876.44 $130,117.61 $423,936.33 3 2/20/2020 $145,994.05 $12,077.01 $133,917.04 $286,671.36 4 2/20/2021 $145,994.05 $8,166.64 $137,827.41 $145,398.27 5 2/20/2022 $145,994.05 $4,142.08 $141,851.97 $0.00 Grand Totals $729,970.25 $59,830.25 $670,140.00 LESSEE: City of Boynton Beach Lori LaVerriere, City Manager Approved as to Form: James A. Cherof, Counsel -- iP j§PA. gW75 :11 LESSEE RESOLUTION Re: Schedule of Equipment No. 01, dated 2120/2017, to Master Equipment Lease Purchase Agreement, dated as of 2/20/2017, between Community First National Bank, as Lessor, and City of Boynton Beach, as Lessee. I, the undersigned, the duly appointed, qualified and acting City Clerk of the above captioned Lessee do hereby certify this date , as follows: (1) Lessee did, at a meeting of the governing body of the Lessee held on , by motion duly made, seconded and carried, in accordance with all requirements of law, approve and authorize the execution and delivery of the above referenced Schedule of Equipment No. 01 (the "Schedule") on its behalf by the following named representative of the Lessee, to witness: Authorized Signer: Lori LaVerriere, City Manager (2) The above named representative of the Lessee held at the time of such authorization and holds at the present time the office set forth above. (3) The meeting of the governing body of the Lessee at which the Schedule was approved and authorized to be executed was duly called, regularly convened and attended throughout by the requisite majority of the members thereof or by other appropriate official approval and that the action approving the Schedule and authorizing the execution thereof has not been altered or rescinded. (4) No event or condition that constitutes, or with the giving of notice or the lapse of time or both would constitute, an Event of Default (as such term is defined in the above referenced Master Equipment Lease Purchase Agreement) exists at the date hereof. (5) All insurance required in accordance with the above referenced Master Equipment Lease Purchase Agreement is currently maintained by the Lessee. (6) Lessee has, in accordance with the requirements of law, fully budgeted and appropriated sufficient funds for the current budget year to make the Rental Payments scheduled to come due during the Original Term and to meet its other obligations for the Original Term (as such terms are defined in the above referenced Master Equipment Lease Purchase Agreement) and such funds have not been expended for other purposes. (7) The fiscal year of Lessee is from to The signatures below from the designated individuals from the Governing Body of the Lessee evidence the adoption by the Governing Body of this resolution. City of Boynton Beach Certified By: Judy Pyle, City Clerk Approved as to Form: James A. Cherof, Counsel iF i�pq gfN'P75 OPINION OF LESSEE'S COUNSEL Must be re -Printed onto attomey's letterhead) ( Date) Community First National Bank 215 S. Seth Child Road Manhattan, KS 66502 Re: Lessee: City of Boynton Beach Ladies and Gentlemen: As legal counsel to City of Boynton Beach (the "Lessee"), I have examined (a) an executed counterpart of a certain Master Equipment Lease Purchase Agreement, dated as of 2/20/2017, and Exhibits thereto by and between Community First National Bank (the "Lessor") and Lessee, Schedule of Equipment No. 01, dated 2/20/2017, and a certain Escrow Agreement dated as of 2/20/2017, (collectively, the "Agreement") by and between Lessor and Lessee, which, among other things, provides for the lease with option to purchase by the Lessee of certain property listed in the Schedule (the "Equipment"); (b) an executed counterpart of the ordinances or resolutions of Lessee which, among other things, authorizes Lessee to execute the Agreement and (c) such other opinions, documents and matters of law as I have deemed necessary in connection with the following opinions. Based on the foregoing, I am of the following opinions: (1) Lessee's true and correct name is City of Boynton Beach. (2) Lessee is a public body corporate and politic, duly organized and existing under the laws of the State, and has a substantial amount of the following sovereign powers: (a) the power to tax, (b) the power of eminent domain, and (c) police power; (3) Lessee has the requisite power and authority to lease the Equipment with an option to purchase and to execute and deliver the Agreement and to perform its obligations under the Agreement; (4) The Agreement and the other documents either attached thereto or required therein have been duly authorized, approved and executed by and on behalf of Lessee and the Agreement and other documents either attached thereto or required therein are the valid and binding obligations of Lessee enforceable in accordance with their terms; (5) The authorization, approval and execution of the Agreement and all other proceedings of Lessee relating to the transactions contemplated thereby have been performed in accordance with all open meeting laws, public bidding laws and all other applicable state or federal laws; and (6) There is no proceeding pending or threatened in any court or before any governmental authority or arbitration board or tribunal that, if adversely determined, would adversely affect the transactions contemplated by the Agreement or the security interest of Lessor or its assigns, as the case may be, in the Equipment. (7) The signatures of the officers which appear on the Agreement are true and genuine; I know said officers and know them to hold the offices set forth below their names. (8) No further approval, consent or withholding of objection is required from any federal, state or local governmental authority with respect to the entering into or performance by the Lessee of the Lease and the transaction contemplated thereby. (9) The Equipment leased pursuant to the Agreement constitutes personal property and when subjected to use by Lessee will not be or become fixtures under applicable law. (10) The Lessee is a political subdivision within the meaning of Section 103 of the Internal Revenue Code of 1986 as amended and the related regulations and rulings. (11) The leasing of the Equipment pursuant to the Agreement is exempt from all sales and use taxes against either the Lessor or the Lessee during the term of the Lease pursuant to the Agreement and the Equipment will be exempt from all state and local personal property or other ad valorem taxes. All capitalized terms herein shall have the same meanings as in the foregoing Agreement unless otherwise provided herein. Lessor, its successors and assigns, and any counsel rendering an opinion on the tax-exempt status of the interest components of the Rental Payments are entitled to rely on this opinion. Signature of Legal Counsel ip- nis5 q&975 ACCEPTANCE CERTIFICATE Community First National Bank 215 S. Seth Child Road Manhattan, KS 66502 Ladies and Gentlemen, RE: Schedule of Equipment No. 01, dated 2/20/2017, to Master Equipment Lease Purchase Agreement, dated as of 2/20/2017, between Community First National Bank, as Lessor, and City of Boynton Beach, as Lessee. In accordance with the Master Equipment Lease Purchase Agreement (the "Agreement'), the undersigned Lessee hereby certifies and represents to, and agrees with Lessor as follows: (1) All of the Equipment (as such term is defined in the Agreement) listed in the above referenced Schedule of Equipment (the "Schedule") has been delivered, installed and accepted on the date hereof. (2) Lessee has conducted such inspection and/or testing of the Equipment listed in the Schedule as it deems necessary and appropriate and hereby acknowledges that it accepts the Equipment for all purposes. (3) Lessee is currently maintaining the insurance coverage required by Section 6.05 of the Agreement. (4) No event or condition that constitutes, or with notice or lapse of time, or both, would constitute, an Event of Default (as defined in the Agreement) exists at the date hereof. (5) Lessee has appropriated and/or taken other lawful actions necessary to provide moneys sufficient to pay all Rental Payments required to be paid under the Agreement during the current Budget Year of Lessee, and such moneys will be applied in payment of all Rental Payments due and payable during such current Budget Year. (6) The governing body of Lessee has approved the authorization, execution and delivery of this Agreement on its behalf by the authorized representative of Lessee who signed the Agreement. LESSEE: City of Boynton Beach Lori LaVerriere, City Manager Approved as to Form: James A. Cherof, Counsel *If delivery is not immediate, keep until fleet delivery, 1 s sq�,P75 RE: Schedule of Equipment No. 01, dated 2/20/2017, to Master Equipment Lease Purchase Agreement, dated as of 2/20/2017, between Community First National Bank, as Lessor, and City of Boynton Beach, as Lessee. Whereas, Lessee hereby represents it is a "Bank Qualified" Issuer for the calendar year in which the above referenced Schedule is executed by making the following designations with respect to Section 265 of the Internal Revenue Code. (A "Bank Qualified Issuer" is an issuer that issues less than $10,000,000 dollars of tax-exempt obligations during the calendar year). Now, therefor, Lessee hereby designates the above referenced Schedule as follows: 1. Designation as Qualified Tax -Exempt Obligation. Pursuant to Section 265(b)(3)(B)(i) of the Internal Revenue Code of 1986 as amended (the "Code"), the Lessee hereby specifically designates the above referenced Schedule as a "qualified tax-exempt obligation" for purposes of Section 265(b)(3) of the Code. In compliance with Section 265(b)(3)(D) of the Code, the Lessee hereby represents that the Lessee will not designate more than $10,000,000 of obligations issued by the Lessee in the calendar year during which the above referenced Schedule is executed and delivered as such "qualified tax-exempt obligations". 2. Issuance Limitation. In compliance with the requirements of Section 265(b)(3)(C) of the Code, the Lessee hereby represents that the Lessee (including all subordinate entities of the Lessee within the meaning of Section 265(b)(3)(E) of the Code) reasonably anticipates not to issue in the calendar year during which the above referenced Schedule is executed and delivered, obligations bearing interest exempt from federal income taxation under Section 103 of the Code (other than "private activity bonds" as defined in Section 141 of the Code) in an amount greater than $10,000,000. LESSEE: City of Boynton Beach Lori LaVerriere, City Manager Approved as to Form: James A. Cherof, Counsel ��S�s� %fN�75 INSURANCE REQUIREMENTS Lessee: City of Boynton Beach Please mark one of the following: ( ) Pursuant to Section 6.05 of the Agreement, you have agreed to provide us evidence of insurance covering the property in the Agreement. A Certificate of Insurance naming all insured parties and coverage must be provided to us as soon as possible, but no later than the date on which delivery of equipment occurs. ( ) Pursuant to Section 6.05 of the Agreement, we are self-insured for all risk, physical damage, and public liability and will provide proof of such self-insurance in letter form, together with a copy of the statute authorizing this form of insurance. Coverage must be provided to us as soon as possible, but no later than the date on which delivery of equipment occurs. Equipment to be insured: Eighty (80) SCBAs, Two Hundred Thirty (230) Cylinders, Two (2) Rit Paks, and Associated Equipment Policy should be issued and mailed to: Community First National Bank and/or Its Assigns 215 S. Seth Child Road Manhattan, KS 66502 INSURANCE REQUIREMENTS: LIABILITY ✓ $9,000,000.00 Aggregate Bodily Injury ✓ $1,000,000.00 Combined Single Limit per Occurrence ✓ Community First National Bank and/or Its Assigns MUST be listed as additional insured and loss payee. 2. PHYSICAL DAMAGE ✓ All risk coverage to guarantee proceeds sufficient to cover the replacement cost of the equipment. ✓ Community First National Bank and/or Its Assigns MUST be listed as additional insured and loss payee. 3. ENDORSEMENT ✓ Lessor will receive at least thirty (30) days written notice from Insurer prior to alteration, cancellation or reduction of insurance coverage. ✓ Deductibles should be listed on the Certificate of Coverage THE CERTIFICATE SHOULD BE EIMAILEDTI, 1 cin ilernry cI usaRnet OR F ED 'TO: 888.777.7875 Insurance Company Name: Agents Name: Address: City: State: Zip: Phone: Fax: Email: LESSEE: City of Boynton Beach Lori LaVerriere, City Manager Approved as to Form: James A. Cherof, Counsel sPe gagi� R 975 RE: Schedule of Equipment No. 01, dated 2/20/2017, to Master Equipment Lease Purchase Agreement, dated as of 2/20/2017, between Community First National Bank, as Lessor, and City of Boynton Beach, as Lessee. Lease Number: BOYFL2017-02E Equipment Description: Eighty (80) SCBAs, Two Hundred Thirty (230) Cylinders, Two (2) Rit Paks, and Associated Equipment Please provide contact information for billing and invoicing purposes. Person/Department: P.O. Box/Street: City, State, Zip Telephone Number: Email Address: ip-fls5qj s9t4375 NOTICE OF ASSIGNMENT February 27, 2017 City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton, FL 33435 RE: Schedule of Equipment No. 01, dated 2/20/2017, to Master Equipment Lease Purchase Agreement, dated as of 2/20/2017, between Community First National Bank, as Lessor, and City of Boynton Beach, as Lessee. Along with the Escrow Agreement entered into as of 2/20/2017. Please be advised that Community First National Bank has assigned all its right, title and interest in, to and under the above referenced Master Equipment Lease Purchase Agreement (the "Agreement"), the Equipment leased thereunder and the right to receive Rental Payments thereunder to the following assignee: Community First National Bank will be the servicing this lease and all Rental Payments and payment of the Purchase Option Price due under the Agreement will be made to: Community First National Bank 215 S. Seth Child Road Manhattan, KS 66502 Community First National Bank Signature Name and Title ACKNOWLEDGED AND ACCEPTED: City of Boynton Beach Lori LaVerriere, City Manager Approved as to Form: James A. Cherof, Counsel *Lessor may at a future date desire to assign this lease agreement. At this time, a specific Assignee is undetermined. At such time Lessor determines a need to assign this lease; Lessee will be provided with a completed copy of this page for their records and be made aware of any changes in where to send the rental payments going forward. This assignment option is outlined in Article IX of the Master Equipment Lease Purchase Agreement. 1Pqggis�A sgtP75 THIS ESCROW AGREEMENT, made and entered into as of 2/20/2017 by and among Community First National Bank, a national banking association ("Escrow Agent"), Community First National Bank, a corporation duly organized and existing under the Laws of the State of Kansas ("Lessor"), and City of Boynton Beach ("Lessee") a political subdivision under the laws of the State of Florida ("State"), duly organized and existing under the Constitution and laws of the State. WITNESSETH WHEREAS, Lessee and Lessor have entered into a Schedule of Equipment No. 01, dated 2/20/2017 to Master Equipment Lease Purchase Agreement dated as of 2/20/2017 ("Agreement"), a duplicate original of which has been furnished to each of the parties, whereby Lessor has agreed to acquire certain equipment described therein ("Equipment"), and to sell the Equipment to the Lessee, and Lessee has agreed to purchase the Equipment from Lessor, in the manner and on the terms set forth in the Agreement; and WHEREAS, the Equipment has or will be ordered from the Vendor, and there is expected to be a delay in delivery of the Equipment to Lessee; and WHEREAS, in order to secure the obligations of Lessor under the Agreement, Lessee has requested Lessor to set aside in escrow with the Escrow Agent, pursuant to the terms hereof, the anticipated purchase price of the Equipment; and WHEREAS, Lessee, as agent for Lessor, will cause the Equipment to be acquired from Vendor in accordance with the purchase orders or contracts therefore, and neither Lessor nor the Escrow Agent shall be obligated to assume or perform any obligation of the Lessee or Vendor with respect thereto or under the Agreement; NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein, the parties agree as follows: ARTICLE I. APPOINTMENT OF ESCROW AGENT: DEFINITIONS Section 1.01. Appointment of Escrow Accent. Lessor and Lessee hereby appoint and employ Escrow Agent, to receive, hold, invest and disburse the moneys to be paid to it pursuant to this Escrow Agreement and the Agreement, and to perform certain other functions, all as hereinafter provided. By executing and delivering this Escrow Agreement, Escrow Agent accepts the duties and obligations of Escrow Agent provided herein, but only upon the terms and conditions set forth. Section 1.02. Definitions. The terms defined in this Section shall, for all purposes of this Escrow Agreement have the meanings specified below. Any capitalized term not defined below shall have the meaning ascribed in the Agreement. "Agreement" means the Schedule of Equipment No. 01, dated 2/20/2017 to Master Equipment Lease Purchase Agreement dated 2/20/2017, by and between Lessee and Lessor and any duly authorized and executed amendment thereto, the terms of which are incorporated herein by reference. "Acquisition Costs" means, with respect to the Equipment, the contract price paid or to be paid to Vendor therefore upon acquisition or delivery of any portion of the Equipment in accordance with the purchase order or contract therefore. Acquisition Costs include the administrative, engineering, legal, financial and other costs incurred by the Lessee in connection with the acquisition, delivery and financing by Lessor of the Equipment. "Acceptance Certificate" means an acceptance certificate in the form attached to the Agreement. "Acquisition Fund" means the fund by that name established and held by the Escrow Agent pursuant to Article II of this Escrow Agreement. "Closing Date" means the day when Lessor deposits with the Escrow Agent the moneys required to be deposited pursuant to Article II. "Equipment" means the personal property described in the Agreement, together with any and all modifications, additions and alterations thereto, to be acquired from the moneys held in the Acquisition Fund. "Escrow Agent" means Community First National Bank or any successor thereto acting as Escrow Agent pursuant to this Escrow Agreement. "Escrow Agreement" means this Escrow Agreement and any duly authorized and executed amendment thereto. "Independent Counsel" means an attorney duly admitted to the practice of law before the highest court of the State in which he maintains an office and who is not an employee of Lessor, the Escrow Agent or the Lessee. "Lessee Representative" means the representative of Lessee or a person authorized by the Lessee to act on its behalf under or with respect to this Agreement. "Lessor Representative" means the President, any Vice President or Assistant Vice President of Lessor, or any person authorized to act on behalf of Lessor under or with respect to this Agreement, as evidenced by a certificate conferring such authorization executed by the President, any Vice President or Assistant Vice President of Lessor, given to the Lessee or the Lessee Representative. "Payment Date" means the date upon which any Rental Payment under the Agreement is due and payable, as set forth in the Payment Schedule. "Payment Request Form" means the document substantially in the form attached hereto as Exhibit A to be executed by Lessee and Lessor and submitted to Escrow Agent to authorize payment of Acquisition Costs. "Qualified Investments" means (i) direct general obligations of the United States of America; (ii) obligations guaranteed by the United States; (iii) general obligations of the agencies and instrumentalities of the United States; (iv) certificates of deposit, time deposits or demand deposits with a bank or savings institution qualified as a depository of public funds in the State of Kansas, provided that such certificates of deposit, time deposits or demand deposits, if not insured by the Federal Deposit Insurance Corporation of the Federal Savings and Loan Insurance Corporation, are fully secured by obligations described in Clauses (i), (ii) or (iii); (v) money market funds, the assets of which are obligations of or guaranteed by the United States of America and which funds are rated "Aaa" by Moody's Investors Service or "Am" or "Am -G" by Standard & Poor's Corporation. "Rental Payments" means the basic payments payable by Lessee to Lessor pursuant to the provisions of the Agreement during the term thereof which are payable in conjunction of the right of Lessee to use the Equipment during the then current portion of the term of the Agreement. "Term of the Agreement" means the time during which the Agreement is in effect, as provided in Article III of the Agreement. "Vendor" means the manufacturer of the Equipment as well as the agents or dealers of the manufacturer from whom Lessor purchased will purchase or has ordered the Equipment or with whom Lessor has contracted for the acquisition of the Equipment. Section 1.03. Authorization. Each of the parties hereby represents and warrants that it has full legal authority and is duly empowered to enter into this Agreement, and has taken all actions necessary to authorize the execution of this Agreement by the officers and person signing it. ARTICLE II. ACQUISITION FUND Section 2.01. Acquisition Fund. Escrow Agent shall establish a special fund designated as the "Acquisition Fund"; shall keep such Acquisition Fund separate and apart from all other funds and moneys held by it; and shall administer such funds as expressly provided hereunder. Section 2.02. Deposit of Moneys by Lessor. At the Closing Date, Lessor shall deposit with the Escrow Agent the amount of $670,140.00. Escrow Agent shall credit said amount to the Acquisition Fund established and to be held, applied and disbursed as herein provided. Section 2.03. Purpose: Payment of Acquisition Costs. The Acquisition Fund shall be expended for the Acquisition Costs of the Equipment. Escrow Agent shall pay from the Acquisition Fund the Acquisition Costs of the Equipment, upon receipt from Lessee and Lessor the following items: (a) in the case of payment of any Acquisition Costs to Vendor pursuant to a contract or purchase order, (1) a duly executed Payment Request Form, with a true copy of the Vendor's statement attached, (2) where applicable, a duplicate original of any change order - 1PZQqi§P9 g&@75 approved by Lessee and Lessor increasing Acquisition Costs in an amount in excess of the original purchase order or contract price, (3) receipts from the Vendor showing proper application of prior requisitions, (4) bills of sale for any component of the Equipment for which a bill of sale may be delivered, and (5) an Acceptance Certificate with respect to the Equipment for which disbursement is requested; (b) in the case of any Acquisition Costs previously paid by Lessee for which it is seeking reimbursement, (1) a duly executed Payment Request Form, (2) a true copy of Vendor's statement for such Acquisition Costs, (3) evidence of payment, and (4) evidence of Lessee's declaration of official intent for reimbursement, which declaration shall have been made no later than 60 days after the Lessee paid the Acquisition Costs; or (c) in the case of payment of any other Acquisition Costs, a duly executed Payment Request Form. Section 2.04. Escrow Agent's Compensation. As compensation for the services to be rendered hereunder, Lessee agrees to pay the Escrow Agent $200.00 ("Escrow Agent's Compensation"). The Escrow Agent's Compensation shall be payable from interest earnings on the escrow account and will be paid upon disbursement of proceeds to the vendor and closing of the escrow account. If the interest earnings on the escrow account are not sufficient to pay the Escrow Agent's Compensation, Escrow Agent shall provide Lessee with an invoice for the shortfall and Lessee shall pay such amount to Escrow Agent upon demand. If funds remain in the Acquisition Fund, excluding Acquisition Costs and Escrow Agent's Compensation, after the full delivery and acceptance of the Equipment, then Lessee and Lessor agree such excess funds shall be retained by Escrow Agent as partial compensation for the performance of its obligations hereunder. Section 2.05. Transfers Upon Completion. Upon the first to occur of (a) payment of all Acquisition Costs with respect to the Equipment; or (b) the one year anniversary of the Closing Date, Escrow Agent shall apply all remaining moneys in the Acquisition Fund to the next Rental Payment(s) due under the Agreement by paying such moneys directly to the Lessor or its assignees. Section 2.06. Termination. If this Escrow Agreement is terminated by Lessor as authorized under Article VII and the Agreement, all moneys in the Acquisition Fund shall be paid to Lessor or assignees for application against moneys due to Lessor under the Agreement. In the event that Lessor provides to the Escrow Agent written notice of the occurrence of an Event of Default under the Agreement or the termination of the Agreement for any reason other than Lessee's payment of the applicable Purchase Option Price, Escrow Agent shall immediately remit any and all funds in the Acquisition Fund to Lessor. ARTICLE III. MONEYS IN FUNDS: INVESTMENTS; TERMINATION Section 3.01. Held in Trust. The moneys and investments held by the Escrow Agent under this Escrow Agreement are irrevocably held in trust for the benefit of the Lessee and for the purposes herein specified. Such moneys, and any income or interest earned thereon, shall be expended only as provided in this Escrow Agreement, and shall not, to the extent permitted by applicable law, as otherwise expressly provided herein, be subject to levy or attachment or lien by or for the benefit of any creditor of either Lessor or Lessee. Section 3.02. Investments Authorized. Moneys held by the Escrow Agent hereunder may be invested, and upon written order of the Lessee Representative shall, be invested by the Escrow Agent in Qualified Investments. Such investments shall be registered in the name of the Escrow Agent and held by Escrow Agent which may act as a purchaser or agent in making or disposing thereof. Such investments and reinvestments shall be made giving full consideration for the time when funds will be required to be available for acquisition. Section 3.03. Accounting. The Escrow Agent shall not be responsible or liable for any loss suffered in connection with any investment of funds made by it in accordance with this Escrow Agreement. Section 3.04. Valuation and Disposition of Investments. For the purpose of determining the amount in the Acquisition Fund, all Qualified Investments credited to such fund shall be valued at cast (exclusive of accrued interest after the first interest payments following purchase). Escrow Agent may sell at the best price obtainable, or present for redemption, any Qualified Investment so purchased by Escrow Agent, whenever it shall be necessary in order to provide moneys to meet any required payment, transfer, withdrawal or disbursement from the Acquisition Fund to which such Qualified Investment is credited and Escrow Agent shall not be liable or responsible for any loss resulting from such investment. Section 3.05. Deposit of Moneys in Acquisition Fund. All moneys held by the Escrow Agent in the Acquisition Fund established pursuant to this Agreement, except such moneys which are at the time invested as herein provided, shall be deposited in demand or time deposits (which may be represented by time certificates of deposit) in any bank or trust company authorized to accept deposits of public funds (including the banking department of the Escrow Agent), and, as and to the extent required by law, shall be secured at all times by obligations which are eligible by law to secure deposits of public moneys. Such obligations shall be deposited with such bank or banks as may be selected by Escrow Agent, and held by or for the account of the Escrow Agent as security for such deposits. Section 3.06. Termination. Unless earlier terminated pursuant to Article VI I, this Escrow Agreement shall terminate upon the final distribution of all moneys in the Acquisition Fund. ARTICLE IV. THE ESCROW AGENT Section 4.01. Removal of Escrow Agent. The Lessee and Lessor, by written agreement between themselves, may by written request, at any time and for any reason, remove the Escrow Agent and any successor thereto, and shall thereupon appoint a successor or successors thereto, but any such successor shall have capital (exclusive of borrowed capital) and surplus of at least Ten Million Dollars ($10,000,000), and subject to supervision or examination by federal or state authority. If such bank or trust company publishes a report of condition at least annually, pursuant to statute or to the requirements of any federal or state supervising or examining authority, to, then for the purposes of this Section the combined capital and surplus of such bank or trust company may be conclusively established for the purposes hereby in its most recent report of condition so published. Section 4.02. Resignation of Escrow Agent. The Escrow Agent or any successor may at any time resign by giving written notice to the Lessee and Lessor of its intention to resign and of the proposed date of resignation, which shall be a date not less than 60 days after such notice, unless an earlier resignation date and the appointment of a successor Escrow Agent shall have been or are approved by Lessee and Lessor. Upon receiving such notice of resignation, the Lessee and Lessor shall promptly appoint a successor Escrow Agent by an instrument in writing; provided however, that in the event the Lessee and Lessor fail to appoint a successor Escrow Agent within 30 days following receipt of such written notice of resignation, Lessor may appoint a successor Escrow Agent, and in the event that Lessor fail to appoint a successor Escrow Agent within 30 days following the expiration of such initial 30 - day period, the resigning Escrow Agent may petition the appropriate court having jurisdiction to appoint a successor Escrow Agent. Any resignation or removal of the Escrow Agent shall become effective only upon acceptance of appointment by the successor Escrow Agent. Section 4.03. Appointment of Agent. The Escrow Agent may appoint an agent acceptable to the Lessee and Lessor to exercise any of the powers, rights or remedies granted to the Escrow Agent under this Escrow Agreement, and to hold title to property or to take any other action which may be desirable or necessary. Section 4.04. Merger or Consolidation. Any company into which the Escrow Agent may be merged or converted, or with which it may be consolidated, or any company resulting from any merger, conversion or consolidation to which it shall be a party, or any company to which the Escrow Agent may sell or transfer all or substantially all of its corporate trust business (provided that such company shall be eligible under Section 4.02) shall be the successor to the Escrow Agent without the execution or filing of any paper or further act, anything herein to the contrary notwithstanding. Section 4.05. Protection and Rights of the Escrow A ent. The Escrow Agent shall be protected and shall incur no liability in acting or proceeding in good faith upon any resolution, notice, telegram, request, consent, waiver, certificate, statement, affidavit, voucher, bond, requisition or other paper or document which it shall in good faith believe to be genuine and to have been passed or signed by the proper board or person or to have been prepared and furnished pursuant to any of the provisions of this Escrow Agreement, and the Escrow Agent shall be under no duty to make any investigation or inquiry as to any statements contained or matters referred to in any such instrument, but may accept and rely upon the same as conclusive evidence of the truth and accuracy of such statements. The Escrow Agent may consult with Independent Counsel who may be counsel to Lessor or Lessee, with regard to legal questions, and the opinion of such counsel shall be full and complete authorization and protection in respect of any action taken or suffered by it hereunder in good faith in accordance therewith. - Y-�agis d!,Q R& 75 Whenever in the administration of its duties under this Escrow Agreement, the Escrow Agent shall deem it necessary or desirable that a matter be proved or established prior to taking or suffering any action hereunder, such matters (unless other evidence in respect thereof be herein specifically prescribed), shall be deemed to be conclusively proved and established by the certificate of the Lessee Representative or the Lessor Representative and such certificate shall be full warranty to the Escrow Agent for any action taken or suffered under the provisions of this Escrow Agreement upon the faith thereof, but in its discretion the Escrow Agent may, in lieu thereof, accept other evidence of such matter or may require such additional evidence as to it may seem reasonable. The recitals, statements and representations by Lessee and Lessor contained in this Agreement shall be taken and construed as made by and on the part of the Lessee and Lessor, as the case may be, and not by the Escrow Agent, and the Escrow Agent does not assume, and shall not have, any responsibility or obligation for the correctness of any thereof. The Escrow Agent may execute any of the trusts or powers hereof and perform the duties required of it hereunder by or through attorneys, agents, or receivers, and shall be entitled to advice of counsel concerning all matters of trust and its duty hereunder, and the Escrow Agent shall not be answerable for the default or misconduct of any such attorney, agent, or receiver selected by it with reasonable care. The Escrow Agent shall not be answerable for the exercise of any discretion or power under this Escrow Agreement or for anything whatsoever in connection with the funds and accounts established hereunder, except only for its own willful misconduct or gross negligence. ARTICLE V. ASSIGNMENTS; AMENDMENTS Section 5.01. Assignment. Except as expressly herein provided to the contrary; the rights and duties of each of the parties under this Escrow Agreement shall not be assignable to any person or entity without the written consent of all of the other parties. Notwithstanding the above, Lessor may freely assign all or any part of its interest in this Agreement and the Acquisition Fund established hereunder in connection with an assignment by Lessor of the Agreement, subject to the provisions contained therein. Section 5.02. Amendments. This Escrow Agreement may be amended in writing by agreement among all of the parties. ARTICLE VI. FURTHER ASSURANCES Section 6.01. Further Assurances. Lessor and Lessee will make, execute and deliver any and all such further resolutions, instruments and assurances as may be reasonably necessary or proper to carry out the intention or to facilitate the performance of this Escrow Agreement, and for better assuring and confirming the rights and benefits provided herein. ARTICLE VII. DEFAULT OR NON -APPROPRIATION Section 7.01. Default. (a) Lessor shall have the right to terminate this Escrow Agreement upon an Event of Default under the Agreement, or termination of the Agreement pursuant to Section 4.05 thereof, which right shall not be exercised less than 15 days after Lessor shall have given Lessee written notice of such default or termination for non -appropriation. Upon receipt of notice of termination from Lessor, Escrow Agent shall pay to Lessor, or its assignee, all moneys in the Acquisition Fund in accordance with Section 2.06. (b) In the event of the failure by any party hereto to observe and perform any covenant, condition or agreement on its part to be observed or performed under this Escrow Agreement, any non -defaulting party hereto shall have all of the rights and remedies now or hereafter existing at law or in equity against the defaulting party. (c) No delay or omission to exercise any such right or power accruing upon any default shall be construed to be a waiver thereof, but any such right or power may be exercised from time to time and as often as may be deemed expedient. ARTICLE VIII. LIMITATION OF LIABILITY Section 8.01. Limited Liability of Escrow Agent. Escrow Agent shall have no obligation or liability to any of the other parties under this Escrow Agreement for the failure or refusal of any other party to perform any covenant or agreement made by any of it hereunder or under the Agreement, but shall be responsible solely for the business -like performance of the duties expressly imposed upon Escrow Agent hereunder. The recitals of facts, covenants and agreements herein contained pertaining to Lessee and Lessor shall be taken as statement, covenants and agreements of the Lessee or Lessor (as the case may be), and Escrow Agent assumes no responsibility for the correctness of the same, or makes any representation as to the validity or sufficiency of this Escrow Agreement, or shall incur any responsibility in respect thereof, other than in connection with the duties or obligations herein imposed upon it. Escrow Agent shall not be liable in connection with the performance of its duties hereunder, except for its own negligence or willful default. Section 8.02. Indemnification. To the extent permitted by applicable law, Lessee agrees to indemnify and save Escrow Agent harmless from and against all claims, suits and actions brought against it, or to which it is made a party, and from all losses and damages, including without limitation reasonable, attorney fees and court costs suffered by it as a result thereof, where such claim, suit or action arises in connection with this Escrow Agreement, the transactions described herein and in the Agreement or the Escrow Agent's employment as an Escrow Agent by Lessee and Lessor. Notwithstanding the foregoing, such indemnification shall not extend to claims, suits and actions brought against the Escrow Agent for failure to perform and carry out the duties specifically imposed upon and to be performed by it pursuant to this Escrow Agreement and claims, suits or actions arising from events solely and directly attributable to acts of Lessor. In the event the Lessee is required to indemnify Escrow Agent as herein provided, Lessee shall be subrogated to the rights of the Escrow Agent to recover such losses or damages from any other person or entity. Section 8.03. Discretion of Escrow Agent to File Civil Action in the Event of Dispute. If Lessor or Lessee are in disagreement about the interpretation of this Escrow Agreement, or about the rights and obligations, or the propriety of any action contemplated by Escrow Agent hereunder, Escrow Agent may, but shall not be required to, file an appropriate civil action to resolve the disagreement. Escrow Agent shall be indemnified by Lessee in accordance with Section 8.02 for all costs in connection with such civil action, and shall be fully protected in suspending all or part of its activities under this Escrow Agreement until a final judgment in such action is received. Section 8.04. Opinion of Counsel. Before being required to take any action, the Escrow Agent may require (i) an opinion of Independent Counsel acceptable to the Escrow Agent, which counsel may be counsel to any of the parties hereto, and which opinion shall be made available to the other parties hereto, or (ii) a verified certificate of any party hereto, or (iii) both (i) and (ii), concerning the proposed action. Escrow Agent shall be absolutely protected in relying thereon if it does so in good faith. Section 8.05. Limitation of Rights to Parties. Nothing in this Escrow Agreement, expressed or implied, is intended or shall be construed to give any person other than the Lessee, Lessor or the Escrow Agent any legal or equitable right, remedy or claim under or in respect of this Agreement or any covenant, condition or provision hereof; and all such covenants, conditions and provisions are and shall be for the sole and exclusive benefit of the Lessee, Lessor and Escrow Agent. ARTICLE IX. MISCELLANEOUS Section 9.01. Records. The Escrow Agent shall keep complete and accurate records of all moneys received and disbursed under this Escrow Agreement, which shall be available for inspection by the Lessee, Lessor, or the agent of either of them, at any time during regular business hours. Section 9.02. Notices. All written notice to be given under this Escrow Agreement shall be given by mail to the party entitled thereto at its address set forth below, or at such address as the party may provide to the other parties in writing from time to time. Any such notice shall be deemed to have been received 72 hours after deposit in the United States mail in registered or certified form, with postage fully prepaid. Section 9.03. Governing Laws. This Escrow Agreement shall be construed and governed in accordance with the laws of the State of Kansas. — 2Q AoiAl171 sq�@75 Section 9.04. Partial Invalidity. Any provision of this Escrow Agreement found to be prohibited by laws shall be ineffective only to the extent of such prohibition, and shall not invalidate the remainder of this Escrow Agreement. Section 9.05. Binding Effect; Successors. This Escrow Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns. Whenever in this Escrow Agreement any party hereto is named or referred to, such references shall be deemed to include permitted successors or assigns thereof, and all covenants and agreements contained in this Escrow Agreement by or on behalf of any party hereto shall bind and inure to the benefit of permitted successors and assigns thereof whether or not so expressed. Section 9.06. Execution in Counterparts. This Escrow Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same agreement. Section 9.07. Headings. The headings or titles of the several Articles and Sections hereof, and any tables of contents appended to copies hereof, shall be solely for convenience of reference and shall not affect the meaning, construction or effect of this Escrow Agreement. All references herein to "Articles", "Sections", and other subdivisions are to the corresponding Articles, Sections, or subdivisions of this Escrow Agreement; and the words "herein", "hereof', "hereunder" and other words of similar import refer to this Agreement as a whole and not to any particular Article, Section or subdivision hereof. IN WITNESS WHEREOF, the parties have executed this Escrow Agreement as of the date and year first above written. ESCROW AGENT: Community First National Bank 215 S. Seth Child Road Manhattan, KS 66502 Signature Name and Title LESSOR: Community First National Bank 215 S. Seth Child Road Manhattan, KS 66502 Signature Name and Title LESSEE: City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton, FL33435 Lori LaVerriere, City Manager Approved as to Form: James A. Cherof, Counsel z� ,�r�st5dl?t, RLP75 EXHIBIT A PAYMENT REQUEST FORM Community First National Bank, Escrow Agent under an Escrow Agreement dated as of 2/20/2017, by and among the said Escrow Agent, Community First National Bank (Lessor), and the City of Boynton Beach, (Lessee) is hereby requested to pay, from the Equipment Acquisition Fund held under said Escrow Agreement, to the persons, firms or corporation designated below as payee, the amount set forth opposite each such person's firm's or corporation's name, in payment of the Acquisition Costs (as defined in said Escrow Agreement) of the Equipment described on the attached page(s) designated opposite such Payee's name and account. TO BE UTILIZED AS A SIGNATURE CARD ONLY By executing this Payment Request Form the Lessee hereby represents that the Payee or Payees listed above who are requesting payment have delivered the Equipment or a portion of the Equipment or performed the services to the satisfaction of the Lessee and that the amounts requested above by the Payee or Payees are proportionate with the value of the Equipment delivered or services rendered by the Payee or Payees. Partial Disbursement. The undersigned certifies that the following documents are attached to this Payment Request Form when there is a request for a partial release of funds from the Escrow Account to pay for a portion of the Equipment: (1) Invoice from the Vendor, (2) copy of the agreement between Lessee and Vendor (if requested by the Lessor or Escrow Agent), (3) front and back copy of the original MSO/Title (if payment from Escrow Account is for a chassis) listing Community First National Bank and/or its assigns as the first lien holder. By executing this Payment Request Form and attaching the documents as required above, the Lessee shall be deemed to have accepted this portion of the Equipment for all purposes under the Lease, including, without limitation, the obligation of Lessee to make the Rental Payments with respect thereto in a proportionate amount of the total Rental Payment. By executing this Payment Request Form Lessee agrees that Lessee is the title owner to this portion of the Equipment and that in the event that any third party makes a claim to such title that Lessee will take all measures necessary to secure title including, without limitation, the appropriation of additional funds to secure title to this portion of the Equipment and keep the Lease in full force and effect. Final Disbursement. The undersigned certifies that the following documents are attached to this Payment Request Form when there is a final release of funds from the Escrow Account: (1) Final Vendor Invoice, (2) Signed Acceptance Certificate, (3) Insurance Certificate, (4) front and back copy of the original MSO/Title listing Community First National Bank and/or its assigns as first lien holder (if not already received). By executing this Payment Request Form and attaching the documents as required above, the Lessee shall be deemed to have accepted the Equipment for all purposes under the Lease, including, without limitation, the obligation of Lessee to make the Rental Payments with respect thereto. By executing this Payment Request Form Lessee certifies that Lessee is the title owner to the Equipment and that in the event that any third party makes a claim to such title that Lessee will take all measures necessary to secure title including, without limitation, the appropriation of additional funds to secure title to the Equipment and keep the Lease in full force and effect. LESSEE: City of Boynton Beach Lori LaVerriere, City Manager Signature Name and Title Approved as to Form: James A. Cherof, Counsel Signature of additional authorized individual (optional) -- 2P-qgA- i t1A sqt§75 This Tax Compliance Agreement and No Arbitrage Certificate is issued in connection with that certain Schedule of Equipment No. 01, dated 2/20/2017 to Master Equipment Lease Purchase Agreement dated as 2/2012017 by and between Community First National Bank, ("Lessor") and City of Boynton Beach ("Lessee"). 1. In General. 1.1. This Certificate is executed for the purpose of establishing the reasonable expectations of Lessee as to future events regarding the financing of certain equipment by Lessee as described in the Schedule of Equipment No. 01, dated 2/20/2017 to Master Equipment Lease Purchase Agreement dated as of 2/20/2017 (the "Lease") between Lessor and Lessee and all related documents executed pursuant thereto and contemporaneously herewith with respect to the financing of the acquisition of Eighty (80) SCBAs, Two Hundred Thirty (230) Cylinders, Two (2) Rit Paks, and Associated Equipment of equipment (the "Equipment") by Lessor for Lessee (the Lease and such other documents are hereinafter collectively referred to as the "Financing Documents"). 1.2. The individual executing this Certificate on behalf of Lessee is an officer of Lessee delegated with the responsibility of reviewing and executing the Financing Documents. 1.3. To the best of the undersigned's knowledge, information and belief, the expectations contained in this Certificate are reasonable. 1.4. Lessee has not been notified of any listing or proposed listing of it by the Internal Revenue Service as an issuer whose certifications as to arbitrage may not be relied upon. 1.5. The rental payments due under the Financing Documents will be made with monies retained in Lessee's general operating fund (or an account or sub account therein). No sinking, debt service, reserve or similar fund or account will be maintained for the payment of the rental payments due under the Financing Documents or pledged as security therefor. 1.6. If any other governmental obligations were or are being issued by or on behalf of Lessee within fifteen (15) days of the date of issuance of the Financing Documents, such obligations either (i) were not or are not being issued or sold pursuant to a common plan of financing with, or (ii) will not be paid out of substantially the same source of funds as, the financing pursuant to the Financing Documents. 2. Purpose of the Financing Documents. 2.1. The Financing Documents are being entered into for the purpose of providing funds for financing the cost of acquiring, equipping and installing the Equipment which is essential to the governmental functions of Lessee, which Equipment is described in the Equipment Description executed and delivered by Lessee pursuant to the Financing Documents. The principal amount represented by the Financing Documents, or $670.140.00 will be deposited in escrow by Lessor at closing and held by Community First National Bank, as Escrow Agent (the "Escrow Agent") pending acquisition of the Equipment under the terms of that certain Escrow Agreement dated as of 2/20/2017 (the "Escrow Agreement"), by and among Lessor, Lessee and Escrow Agent. 2.2. No portion of the principal amount represented by the Financing Documents will be used as a substitute for other funds which were otherwise to be used as a source of financing for the Equipment, or will be used, directly or indirectly, to replace funds used by Lessee to acquire investments which produce a yield materially higher than the yield to Lessor under the Financing Documents. 2.3. Lessee does not expect to sell or otherwise dispose of the Equipment, in whole or in part, at a date which is earlier than the final rental payment due under the Financing Documents. 3. Source and Disbursement of Funds. 3.1. The principal amount represented by the Financing Documents does not exceed the amount necessary for the governmental purpose for which the Financing Documents were entered into. Such funds are expected to be needed and fully expended for payment of the costs of acquiring, equipping and installing the items of Equipment. 3.2. It is contemplated that the entire amount deposited in escrow will be used to pay the acquisition cost of Equipment to the vendors or manufacturers thereof, provided that a portion of the principal amount may be paid to Lessee within such period as reimbursement for Acquisition Costs already made by it so long as the conditions set forth in Section 3.3 below are satisfied. 3.3. Lessee shall not request that it be reimbursed for Equipment acquisition cost payments already made by it unless the following conditions have been satisfied: (a) Lessee made a declaration of its reasonable intention to reimburse the acquisition cost payment sought to be reimbursed with the proceeds of a borrowing not later than sixty (60) days after the date on which it made the payment, which declaration satisfies the "Official Intent Requirement" set forth in Treas. Reg. Sec. 1.150-2; (b) The reimbursement being requested will be made by written allocation before the later of eighteen (18) months after the acquisition cost payment was made or eighteen (18) months after the items of Equipment to which such payment relates were placed in service; (c) The entire payment with respect to which reimbursement is being sought is a capital expenditure, being a cost of type properly chargeable to a capital account under general federal income tax principles; and (d) Lessee will use any reimbursement payment for general operating expenses and not in a manner which could be construed as an artifice or device under Treas. Reg. Sec. 1. 148-10 by, virtue of, among other things, use to refund, or to create or increase a sinking, reserve or replacement fund with respect to, any other obligations issued by it. 4. Temporary Period. 4.1. Lessee expects, within six months from the date of issuance of the Financing Documents, (a) to have had disbursed from escrow an amount in excess of the lesser 2 1/2% of the amount deposited by Lessor in escrow or $100,000, or (b) to enter into binding obligations with third parties obligating Lessee to spend such amount. 4.2. The ordering and acceptance of the items of Equipment will proceed with due diligence to the date of final acceptance of the Equipment. 4.3. The items of Equipment being acquired by Lessee will be delivered at various times. At least 15% of the sum of the amount deposited in escrow and the reasonably anticipated interest earnings thereon will be used to pay the acquisition price of items of Equipment within six months from the date of issuance of the Financing Documents; at least 60% of the sum of the amount deposited in escrow and the reasonably anticipated interest earnings thereon will be used to pay the acquisition cost of items of Equipment within 12 months from the date of issuance of the Financing Documents; and 100% of the amount deposited in escrow and interest earnings thereon will be used to pay the acquisition cost of items of Equipment prior to 18 months from the date of issuance of the Financing Documents. 4.4. The total acquisition cost of the Equipment is not required to be paid to the vendors or manufacturers thereof until the Equipment has been accepted by Lessee. 5. Escrow Account. 5.1. The Financing Documents provide that the monies deposited in escrow shall be invested until payments to the vendor(s) or manufacturer(s) of the Equipment are due. Lessee will ensure that such investment will not result in Lessee's obligations under the Financing Documents being treated as an "arbitrage bond" or a "federally guaranteed bond" within the meaning of Section 148(a) or Section 149(b) of the Internal Revenue Code of 1986, as amended (the "Code"), respectively. Any monies which are earned from the investment of these funds shall be labeled as interest earned. All such monies will be disbursed on or promptly after the date that Lessee accepts the equipment. - 2P.a9gsti14s4637 5 6. Exempt Use. 6.1. No part of the proceeds of the Financing Documents or the Equipment will be used in any "private business use" within the meaning of Section 141(b)(6) of the Internal Revenue Code of 1986, as amended. 6.2. No part of the proceeds of the Financing Documents will be used, directly or indirectly, to make or finance any loans to non-governmental entities or to any governmental agencies other than Lessee. 7. No Federal Guarantee. 7.1. Payment of the principal or interest due under the Financing Documents is not directly or indirectly guaranteed, in whole or in part, by the United States or an agency or instrumentality thereof. 7.2. No portion of the proceeds under the Financing Documents shall be (i) used in making loans, the payment of principal or interest of which are to be guaranteed, in whole or in part, by the United States or any agency or instrumentality thereof, or (ii) invested, directly or indirectly, in federally insured deposits or accounts if such investment would cause the financing under the Financing Documents to be federally guaranteed within the meaning of Section 149(b) of the Code. 8. Miscellaneous. 8.1. Lessee agrees to comply with the rebate requirement set forth in Section 148(f) of the Code in the event that for any reason it is applicable to the financing pursuant to Financing Documents. 8.2. Lessee shall keep a complete and accurate record of all owners or assignees of the Financing Documents in form and substance satisfactory to comply with Section 149(a) of the Code unless Lessor or its assignee agrees to act as Lessee's agent for such purpose. 8.3. Lessee shall maintain complete and accurate records establishing the expenditure of the proceeds of the Financing Documents and interest earnings thereon for a period of five years after payment in full under the Financing Documents. IN WITNESS WHEREOF, this Tax Compliance Agreement and No Arbitrage Certificate has been executed on behalf of Lessee as of the date set forth below. LESSEE: City of Boynton Beach Lori LaVerriere, City Manager Approved as to Form: James A. Cherof, Counsel 2,P„ gggs5j5 A4375 EXHIBIT A PAYMENT REQUEST FORM Community First National Bank, Escrow Agent under an Escrow Agreement dated as of 2/20/2017, by and among the said Escrow Agent, Community First National Bank (Lessor), and the City of Boynton Beach, (Lessee) is hereby requested to pay, from the Equipment Acquisition Fund held under said Escrow Agreement, to the persons, firms or corporation designated below as payee, the amount set forth opposite each such person's firm's or corporation's name, in payment of the Acquisition Costs (as defined in said Escrow Agreement) of the Equipment described on the attached page(s) designated opposite such Payee's name and account. By executing this Payment Request Form the Lessee hereby represents that the Payee or Payees listed above who are requesting payment have delivered the Equipment or a portion of the Equipment or performed the services to the satisfaction of the Lessee and that the amounts requested above by the Payee or Payees are proportionate with the value of the Equipment delivered or services rendered by the Payee or Payees. Partial Disbursement. The undersigned certifies that the following documents are attached to this Payment Request Form when there is a request for a partial release of funds from the Escrow Account to pay for a portion of the Equipment: (1) Invoice from the Vendor, (2) copy of the agreement between Lessee and Vendor (if requested by the Lessor or Escrow Agent), (3) front and back copy of the original MSO/Title (if payment from Escrow Account is for a chassis) listing Community First National Bank and/or its assigns as the first lien holder. By executing this Payment Request Form and attaching the documents as required above, the Lessee shall be deemed to have accepted this portion of the Equipment for all purposes under the Lease, including, without limitation, the obligation of Lessee to make the Rental Payments with respect thereto in a proportionate amount of the total Rental Payment. By executing this Payment Request Form Lessee agrees that Lessee is the title owner to this portion of the Equipment and that in the event that any third party makes a claim to such title that Lessee will take all measures necessary to secure title including, without limitation, the appropriation of additional funds to secure title to this portion of the Equipment and keep the Lease in full force and effect. Final Disbursement. The undersigned certifies that the following documents are attached to this Payment Request Form when there is a final release of funds from the Escrow Account: (1) Final Vendor Invoice, (2) Signed Acceptance Certificate, (3) Insurance Certificate, (4) front and back copy of the original MSO/Title listing Community First National Bank and/or its assigns as first lien holder (if not already received). By executing this Payment Request Form and attaching the documents as required above, the Lessee shall be deemed to have accepted the Equipment for all purposes under the Lease, including, without limitation, the obligation of Lessee to make the Rental Payments with respect thereto. By executing this Payment Request Form Lessee certifies that Lessee is the title owner to the Equipment and that in the event that any third party makes a claim to such title that Lessee will take all measures necessary to secure title including, without limitation, the appropriation of additional funds to secure title to the Equipment and keep the Lease in full force and effect. LESSEE: City of Boynton Beach Lori LaVerriere, City Manager Approved as to Form: James A. Cherof, Counsel *Weep this form for future 6sburssernent requests. - 2!P-q-GgA1A p�,,P75 Form 8038-G Information Return for Tax -Exempt Governmental Obligations (Rev. September 2011) ► Under Internal Revenue Code section 149(e) OMB No. 1545-0720 ► See separate instructions. Department of the Treasury Internal Revenue Service Caution: If the issue price is under $100,000, use Form 8038 -GC. Reporting Authoritv If Amended Return. check here ► I-1 1 Issuer's name 2 Issuer's employer identification number (EIN) City of Boynton Beach 59-6000282 3a Name of person (other than issuer) with whom the IRS may communicate about this return (see instructions) 3b Telephone number of other person shown on 3a 4 Number and street (or P.O. box if mail is riot delivered to street address) i Room/suite 5 Report number (For IRS Use Only) 100 E. Boynton Beach Blvd. 3 6 City, town, or post office, state, and ZIP code 7 Date of issue Boynton, FL 33435 I 02120/2017 8 Name of issue 9 CUSIP number ASTER EQUIPMENT LEASE PURCHASE AGREEMENT B YFL2017-02E Proceeds used for credit enhancement . . . . . . . . . . . . 25 10a Name and title of officer or other employee of the issuer whom the IRS may call for more information (see 10b Telephone number of officer or other instructions) employee shown on 10a 21 1 2/20/2022 1 $ 670,140.001 5 NIA 1 5 ype or Issue tenzer the Issue price). bee the instructions and attach schedule. 11 12 13 14 15 16 17 18 19 20 Education . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Health and hospital . . . . . . . . . . . . . . . Transportation . . . . . . . . . . . . . . . . . . . . . . . . . . . . Public safety . . . . . . . . . Environment (including sewage bonds) . . . . . . . . . . . . , . Housing . . . . . . . . . . Utilities . . . . . . . . . . . . . Other. Describe ► 80 SC As, 230 Cylinders, 2) Rit Paks, and Associated Equipment If obligations are TANs or RANs, check only box 19a . . . . . . . . . . . . ► If obligations are BANS, check only box 19b . . . . . . . . . . . . . . . . ► ❑ If obligations are in the form of a lease or installment sale, check box . . . . . . . . 0-7, 11 12 13 14 15 16 17 ( 18 670,140 00 • Description of Obligations. Complete for the entire issue for which this form is being filed. 25 Proceeds used for credit enhancement . . . . . . . . . . . . 25 (a) Final maturity date (b) Issue price (c) Stated redemption (d) Weighted price at maturity I average maturity (e) Yield i 21 1 2/20/2022 1 $ 670,140.001 5 NIA 1 5 Page 517 of 675 Uses of Proceeds of Bond Issue (including underwriters' discount) 22 Proceeds used for accrued interest . . . . . . . . . . . . . . . . . . . . . 22 23 24 Issue price of entire issue (enter amount from line 21, column (b)) . . . . . Proceeds used for bond issuance costs (including underwriters' discount) . . 124 23 25 Proceeds used for credit enhancement . . . . . . . . . . . . 25 26 Proceeds allocated to reasonably required reserve or replacement fund . 26 27 Proceeds used to currently refund prior issues . . . . . . . . . 27 28 Proceeds used to advance refund prior issues . . . . . . . . . 28 29 Total (add tines 24 through 28) . . . . . . . . . . . . . . . . . . . . . . . 29 30 Nonrefunding proceeds of the issue (subtract line 29 from line 23 and enter amount here) . . . 30 Description of Refunded Bonds. Complete this part only for refunding bonds. 31 32 33 Enter the remaining weighted average maturity of the bonds to be currently refunded . . . . ► Enter the remaining weighted average maturity of the bonds to be advance refunded . . . . ► Enter the last date on which the refunded bonds will be called (MM/DD/YYYY) . . . . . . ► years years 34 Enter the date(s) the refunded bonds were issued ► (MM/DD/YYYY) For Paperwork Reduction Act Notice, see separate instructions. Cat. No. 637733 Form 8038-G (Rev. 9-2011) Page 517 of 675 Form 8038-G (Rev. 9-2011) Page 2 Miscellaneous 35 Enter the amount of the state volume cap allocated to the issue under section 141(b)(5) . . . . 35 36a Enter the amount of gross proceeds invested or to be invested in a guaranteed investment contract (GIC) (see instructions) . . . . . . . . . . . . . . . . . . . . . . . . . 36a b Enter the final maturity date of the GIC ► c Enter the name of the GIC provider ► 37 Pooled financings: Enter the amount of the proceeds of this issue that are to be used to make loans to other governmental units . . . . . . . . . . . . . . . . . . . . . . . . 37 38a If this issue is a loan made from the proceeds of another tax-exempt issue, check box ► ❑ and enter the following information: b Enter the date of the master pool obligation 01- c c Enter the EIN of the issuer of the master pool obligation ► d Enter the name of the issuer of the master pool obligation ► 39 If the issuer has designated the issue under section 265(b)(3)(13)(i)(111) (small issuer exception), check box . . . . ► ❑✓ 40 If the issuer has elected to pay a penalty in lieu of arbitrage rebate, check box . . . . . . . . . . . . . ► ❑ 41a If the issuer has identified a hedge, check here ► ❑ and enter the following information: b Name of hedge provider ► c Type of hedge 00- d d Term of hedge ► 42 If the issuer has superintegrated the hedge, check box . . . . . . . . . . . . . . . . . . . . . ► ❑ 43 If the issuer has established written procedures to ensure that all nonqualified bonds of this issue are remediated according to the requirements under the Code and Regulations (see instructions), check box . . . . . . ► ❑ 44 If the issuer has established written procedures to monitor the requirements of section 148, check box . . . . . ► ❑ 45a If some portion of the proceeds was used to reimburse expenditures, check here ► ❑ and enter the amount of reimbursement . . . . . . . . . ► b Enter the date the official intent was adopted ► Signature and Consent Paid Preparer Use Only Under penalties of perjury, I declare that I have examined this return and accompanying schedules and statements, and to the best of my knowledge and belief, they are true, correct, and complete. I further declare that I consent to the IRS's disclosure of the issuer's return information, as necessary to process this return, to the person that I have authorized above. r Signature of issuer's authorized representative Print/Type preparer's name Preparer's signature Firm's name ► Firm's address ► ' Lori LaVerriere, City Manager Date Type or print name and title Date Check ❑ i7PT self-employ Firm's EIN 11 - Phone Phone no. Form 8038-G (Rev. 9-2011) Page 518 of 675 W � U m W w W w LL LO rl- S 0 m LO ¢ 2 n 0- \ z _ CO LU ) § ± A�Rm�»- s R s § a o i �0 ° § C') 4) \ }/ yyyy CO 2 § § �\ jjjj §�2\\))* * C14 \ƒ � _& //// § £ § o L6 z § § E u � � ± m m E k G@Ic / i > �_/mak k m o6 %& &/ \yyy Eai COi ® n� �E ®z \z E/// »»»» h§_#§ 2§ * * w &, � �� {) a\ �ƒ �5 61, 04 §§§/ m k� \ / � _ ) 8 LL CO zLU LL§ Q Co § LL \ \ § § LLI � w / < § / ƒ LL § % Q k P ° k § §§a«§ \ f q §.. LLI k z CL �� .. z \ �� z_ \_ §� �CO o a CO §/ [/ \� �� LLI z� k «2 LU LU _ v�CL § k/ §/ �LU U% §? a§ \ > om Em aL Q. m a LO rl- S 0 m LO ¢ 2 n 0- \ z _ CO W � U m W w W w LL LO I— (C) 0 O N LO ¢ 2 n � \ LU _ CO LU / E § R m q _ ®� § 3 0 ) CO 2 ;_ \ \ i z 2/ §°°�ƒm CO CO ` \ & _ \ z < 00 \ \ §(D2\\#f \ \E �°,�;=G ��2 �E \\ CO �L6* * § § 0 u CO m m E& cm E j 0 § k § ° k z_ < § ƒti CO <j CO CO S * * / * * § § 2 §\/\ {, ik kJ � LU // � f / / \ § e ¥ » e 5 � § LU 0 / c ) i \/ E 2/ z ƒ < =m =2 zƒ z < om o= C � \ CO 0LU )� < jE jE \_ \© 5/ CO CO _ _ �E LU / }/ // Df} /C) z LU \ \\ \\ \/ / \4 CO \ <Z LO I— (C) 0 O N LO ¢ 2 n � \ LU _ CO Submit Bids To: PROCUREMENT SERVICES ! E. Boynton Beach Boulevard Box Boynton + Beach, + ida 33425-031!r Telephone: ;i • CONTAINED BREATHING APPARATUS FOR! i BEACH FIRE RESCUE 1:1r, I L, MM MIT.! I1- _ _•e as : result of this • . shall conform. applicable sections of echarterand Ali codesof the City. Name of Vendor + Corporationofthe Stateof- Connedicut Code:Area Code: 754 Telephone Number: 224499! I1i'i41�o�- Pinellas CONSIDERED15 THIS PAGE TO BE SUBMrTTED FOR BID PACKAGE TO BE The Cky of "ton Beach 8W No. 017-2210-17/JMA Page 521 of 675 The undersigned declares that he has carerully examined the specifications and is thoroughly familiar with Its provisionsquality, t i . SCOTT PAFR"WFffT 1 tiiv -? l itY � «i f� $170,660,00 $0 $0 P"O", { $880.00 . ,;, $127,600.00 $33LV�... $1.i�DY r W �llA�, cklh�tCteli+s94'>u 51110.00 20.0 inti t tnt (tt t§tt 1 f}S�rl;�sp, $1360.00 i $1230.00 $7280.00 I Ri rkv11 $7'7&00 $775.00 ' ,�', s, �.t „si1R! t it s,�IF t ,i,,ti;��:at� k s,�k �n —.00 °l $4,36.00 � t r urt•• � rt� � �j sJ +�., i X, $9460.00 $4900.00 F $1200.00 $2400.00 � �t f °.` _- 11 q 7 $830.00 -- _7"P IID IS FOR SPEC1,FlF5D,,QUANT0TY,ON1t-Yn ne �wmTemuu�axmxi 16 THE PAGE TO BE SUBMITTED FOR BID PACKAGE A BE CONSIDERED COMPLETE AND ACCEPTABLE The City oF Boyffton Beach Bid No. i Page 522 of 675 • 4♦ _ _: rz �� ". a # r i' •<_ r' • -71 MONTHLY• FOR MONTHS) BASED ON GRAND TOTAL _..................... WARRANTY INFORMATION MONTHS vim -A _ _ EQUIPMENT 120 1 f LABOR 120 {i 1 -., $2400.00 Repairs 0 Non-Warniinty a Standard Rates Apply (ports & laboi YEAR TWO: iABOVE YEAR THREE: $2400.00ABOVE YEAR FOUR: iii SAME TERMS AS ABOVE ri r.i.,ABOVE 17 THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEFrABLE The CKy of Boynton Beach Bid r 10 Page 523 of 675 Bidder agrees that the equipment will delivered within 90 calendar days after the Purchase Order been _ _s w I ---A =,6 AIiLo i j 727 ' 625-1819 FAX NUMBE12 Tray Cool— —A :AL1 ED %-V is THIS PAGE TO BE SUBMITTED FOR TO BE CONSIDERED COMPLETE AND ACCEPTABLE The City of Boynton Beach Bid . ■ i Page 524 of 675 County Of 4 _being (Name of Corporation the bidder that has submitted the attached bid: OSCBA FOR BOYNTON BEACH FIRE 2) He/She is fully irrformed respecting the preparation and contents of the attached bid and of all pertinent circumstances respecting such bid; 77711-1 V III I TI -T-1 • _• • ►1 114 11 WHIM • s R 41 L-1 Oil 6) The price or prices quoted In the attached bid are fair and proper and am not tainted by any collusion, conspiracy, connivance or unlawful agreement an the part of the bidderor any4 agents,representatives, ! employees, Including (Signed)—,,,, Subscribed and sworn to before me (Title) S"'&' My commission expires 0, r THIS • BE SUBMrffED FOR BID PACKAGE TO BE CONSIDERED COMPLETE The City of Boynton Beach Bid No. , , Page 525 of 675 m this 01 ♦ t NOTARY PUBLIC, of Florida at Large • ¢ ✓,m:. .... .... ._.... SIGNATURE 77-11117 f y The City i • A. A EE Page 526 of 675 - I NJ I to]- r out and indicate in the appropriate spacse* provided which category best describes your �=npanV. Return this form with your bid proposal sheet making it an official part of your bid response. F�011ijq • K-17-11111-1-1=7 • Issuing Organization for Certification am � � r n ■ i� f The City of Boynton Beach Bid ,: . 017-2210-17/JMA 9 FT Page 527 of 675 • • _-1.14T*: *ITA WWI • _ r! • r ! ♦' • _ _ • • + • a... • ► t • _ ♦ ! • mac• ti _ F ► t _ :. • programs,2) Worm employees about the dangers of drug abuse in the workplace, the businesss policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance mpI:.ed upon employees is.'.: drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). In the statement specified 1 subsection notify employee 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 nab oontendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) Impose a sanction on, or require the satisfactory participation In a drug abuse assistance or rehabilitation h ► ► btheemployee'scommunity ! is ;iso convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation .• _ * of • � r � • • ': a [•i . 'r i. _ +�.? tT #r . the above r . T r hs Veno1 22 THIS PAGE TO BE SUBM rrTED FOR BID PACKAGE TO BE CONSIDERED CO . • ACCEPTABLE The My of Boynton Beach Bld .. 1 1 Page 528 of 675 2ELF CONTAINED BREATHING APPARATUS FOR BOYNTON BEACH FIRE RESCUE • • • • �c • r r; • s • +�A i w T rA ;' 44 iois termination.The contractor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the Contractor or its subcontractors of lower tier subcontractors to fully cooperate with the Inspector General when requested may be deemed by the municipality to be a material breach of this contract justifying its Title: Sales Reprmwntadve 23 THIS PACE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE The C1tV of BopWn Beach Bid No. • R Page 529 of 675 MES* Troy Cool @ NES Blakei. Yam FT - Mk Mwithaftan, KS 66502 Phone: 888.777.7850 Mobile. 785.313.3154 Fax: 88&777.7875 Total Cost: 744,600.00 Payment Frequencjr. Monti* Down Payment - Fiat Nyment One month from closing Trade In: Amount Fismeed: $ 744,600.00 Term in Yean: a 4 1 Payment $21,611.24 $16,445-04 $13,353.03 Factor: 0.029024 0.022086 0.017933 Rate: 2.87% 2.89% 2.920/6 Option 2 Total Cost: S M4,660-00 Payment ® Annual Down Payment $ 74,460.00 First Payment One year from closmg Tude Amount Finimced- 8 670,140.00 Tenn in Years: a Payment: $236,322.93 Factor: 0.352647 Rate: 2. 8 r/0 4 $179,811.79 $145,994,05 0.268320 0.217856 2.890/6 2921/6 4,11"W001-114 W"t r4.TTIIr4i�� tit.. wr,Mw7;rM_ IM47".714 T44,77 W -MI. r-4TIr#TwfAlrlr-r&"Fr.,;r#Tisli)&, 11; -1r;v 1 Ti77 fl vwy�, Vit Ir r ray Page 530 of 675 V PUBLIC HEARING 3/21/2017 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 17-008 - FIRST READING - Approve Ocean One rezoning from Central Business District (CBD) to Mixed Use High Intensity (MU -H) District with a proposed two-phase master plan for a total of 358 multi -family rental units, 12,075 square feet of commercial retail space and a 120 -room hotel. EXPLANATION OF REQUEST: The vacant, 3.63 acre property consists of two parcels, of which the smaller, 0.47 acre parcel on the northern side is presently owned by the Community Redevelopment Agency. The applicant proposes to develop the property in two phases; a site plan for phase I, to include 231 multifamily apartment units and 8,575 feet of retail space, is being processed concurrently. The property is already classified Mix Use Core (MXC), and the requested Mixed Use -High (MX -H) zoning is the intended zoning designation for this future land use classification. It allows a maximum density of 80 dwelling units per acre; however, since the property is located within the Downtown Transit -Oriented Development District (DTODD) which carries a 25% density bonus, the permitted density can be increased up to 100 dwelling units per acre. The proposed zoning and master plan is closely aligned with the City's long standing vision and desire to expand housing in and around the downtown to foster pedestrian activity needed for creation of a vibrant city center. The City has supported this vision by allowing the highest residential densities in the area; more so in recent years, as the plan for a new Tri -Rail commuter service with a downtown station provided a heightened rationale for intensification of future redevelopment in proximate locations. The subject request is consistent with the recommendations of the recently adopted 2016 CRA Community Redevelopment Plan, which further expands the high intensity mixed use approach in the CRAdistricts located within the DTODD. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? There will be no impact on City programs or services requiring capacity expansion. FISCAL IMPACT. Non -budgeted The project will expand the City's tax base and generate permit/ bussi ness tax revenues. ALTERNATIVES: Staff recommends no alternatives. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No Page 532 of 675 CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Action Type D Ordinance D Exhibit D Exhibit D Staff Report D Location Map REVIEWERS: Department Planning & Zoning Finance Legal City Manager Description Ordinance Approving Rezoning Exhibit A to Ordinance (Legal Desc) Exhibit B to Ordinance (map) Staff Report Location Map Reviewer Action Rumpf, Michael Approved Howard, Tim Approved Swanson, Lynn Approved LaVerriere, Lori Approved Date 3/3/2017 ® 4:16 PM 3/8/2017 ® 1:38 PM 3/13/2017 ® 12:24 PM 3/17/2017 ® 9:54 AM Page 533 of 675 1 2 3 4 5 6 7 8 9 10 11 12 13 14 ORDINANCE NO. 17 - AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE 02- 013 TO REZONE A PARCEL OF LAND DESCRIBED HEREIN AND COMMONLY REFERRED TO AS OCEAN ONE FROM CENTRAL BUSINESS DISTRICT (CBD) TO MIXED USE HIGH INTENSITY (MU -H); PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; 15 and 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 WHEREAS, Ocean One Boynton, LLC. owner of the property located at has made application to rezone a parcel of land, said land being more particularly described hereinafter, from Central Business District (CBD) to Mixed Use High Intensity (MU -H); and WHEREAS, the City Commission conducted public hearings as required by law and heard testimony and received evidence which the Commission finds supports a rezoning for the property hereinafter described; and WHEREAS, the City Commission finds that the proposed rezoning is consistent with an amendment to the Land Use which was contemporaneously considered and approved at the public hearing heretofore referenced; and WHEREAS, the City Commission deems it in the best interests of the inhabitants of said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing Whereas clauses are true and correct and incorporated herein by this reference. C:AProgram Files (x86)Aneevia.com\docConverterProAtemp\NVDC\2FEE113A-31A1-45BB-B88C-FB095AB020EA\Boynton Beach. 5223.1.Ocean _One_ -_Rezone. doc Page 534 of 675 31 Section 2. The land described in Exhibit "A" be and the same is hereby rezoned 32 from Central Business District (CBD) to Mixed Use High Intensity (MU -H). A location map 33 is attached hereto as Exhibit "B" and made a part of this Ordinance by reference. 34 Section 3. That the aforesaid Revised Zoning Map of the City shall be amended 35 accordingly. 36 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby 37 repealed. 38 Section 5. Should any section or provision of this Ordinance or any portion thereof 39 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect 40 the remainder of this Ordinance. 41 Section 6. This ordinance shall become effective immediately upon passage. 42 FIRST READING this day of , 2017. 43 SECOND, FINAL READING and PASSAGE this day of , 2017. 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor — Steven B. Grant Vice Mayor — Mack McCray Commissioner — Justin Katz Commissioner — Christina L. Romelus Commissioner — Joe Casello ATTEST: Judith A. Pyle, CMC City Clerk VOTE C:AProgram Files (x86)Aneevia.com\docConverterProAtemp\NVDC\2FEE113A-31A1-45BB-B88C-FB095AB020EA\Boynton Beach. 5223.1.Ocean _One_ -_Rezone. doc Page 535 of 675 66 (Corporate Seal) C:AProgram Files (x86)Aneevia.com\docConverterProAtemp\NVDC\2FEE113A-31A1-45BB-B88C-FB095AB020EA\Boynton Beach. 5223. l .Ocean_One_-_Rezone. doc Page 536 of 675 Exhibit "A" to Ordinance LOTS 1 THROUGH 6, "FUNK BROS. ADDITION", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2 AT PAGE 13 OF SAID PUBLIC RECORDS AND LOT 41, "DEWEY-S SUBDIVISION", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 1 AT PAGE 37 OF SAID PUBLIC RECORDS AND ALL REPLATTED AS "AGREEMENT PLAT SHOWING PROPERTY IN NW 1/4 OF NW 1/4 OF NW 1/4 IN SECTION 27 T45S. R43E. ACCORDING TO THE PLATTHEREOF, AS RECORDED IN PLAT BOOK 10 AT PAGE 2 OF SAID PUBLIC RECORDS. LESS AND EXCEPT: THE EAST 25.00 FEET THEREOF ALSO LESS AND EXCEPT THAT PORTION LYING WITHIN 50.00 FEET OF THE WEST LINE OF SECTION 27, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA. ALSO LESS AND EXCEPT THAT PORTION LYING WITHIN 45.00 FEET OF THE CENTERLINE OF STATE ROAD 804. ALSO LESS AND EXCEPT THE PART INCLUDED IN THE EXTERNAL AREA OF A 10.00 FOOT RADIUS ARC WHICH IS TANGENTTO A LINE 25.00 FEET WEST OF THE EAST LINE OF SAID LOT 41 AND TO A LINE 45.00 FEET NORTH OF THE CENTERLINE OF STATE ROAD 804. ALSO LESS AND EXCEPT THE PART INCLUDED IN THE EXTERNAL AREA OF A 12.00 FOOT RADIUS ARC WHICH IS TANGENT TO A LINE 50.00 FEET EAST OF THE WEST LINE OF SAID SECTION 27 AND TO A LINE 15.00 FEET SOUTH OF THE NORTH LINE OF SAID SECTION 27. ALSO LESS AND EXCEPT THE PART INCLUDED IN THE QUIT CLAIM DEED RECORDED IN OFFICIAL RECORDS BOOK 23563 AT PAGE 1115 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. SAID LANDS SITUATE IN THE CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA. Page 537 of 675 SITE LOCATION MAP OCEAN ONE (REZONING 16-001) Legend o 35 70 140 210 280 ZONING DISTRICTS Fee` C4 General Commercial R3 Multi Family CBD Central Business District 0 C2 Neighborhood Commercial 0 M1 Light Industrial Source: Palm Beach County GIS Digital Data 2006-2015 " Copyright Palm Beach County Florida 200g6-p2�0g15 C3 Community Commercial MU -H Mixed Use High AlIrightsreserved- page lggg grTet�/t5 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 16-036 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Michael Rumpf Planning and Zoning Director FROM: Hanna Matras, Senior Planner DATE: February 8, 2017 PROJECT: Ocean One REZN 16-001 REQUEST: Approve Ocean One rezoning from Central Business District (CBD) to Mixed Use High Intensity (MU -H) District with a proposed two- phase master plan for a total of 358 multi -family rental units, 12,075 square feet of commercial retail space and a 120 -room hotel. PROJECT DESCRIPTION Property Owner: Ocean One Boynton, LLC Applicant: Davis Camalier/ Ocean One Boynton, LLC Agent: Bonnie Miskel, Esq. & Christina Bilenki, Esq./Dunay, Miskel & Backman, LLP Location: 114 N. Federal Highway (Exhibit "A") Existing Land Use/ Zoning: Mixed Use Core (MXC) / Central Business District (CBD) Proposed Land Use/ Zoning: Mixed Use Core (no change)/ MU -H (Mixed Use High Intensity) Acreage: 3.63 acres Page 539 of 675 Page 2 Ocean One REZN 16-001 Adjacent Uses: North: Right -of way for NE 2nd Avenue (eastward extension of Boynton Beach Blvd), and farther north Casa Costa condominiums/mixed use project, classified Mixed Use Core (MXC) future land use and zoned Mixed Use High Intensity (MU -H); to the northeast, a City -owned property (drainage pond/park) classified Mixed Use Core (MXC) future land use and zoned Central Business District (CBD); South: Right-of-way for Ocean Avenue, and farther south the Ocean Plaza developed commercial property classified Mixed Use (MX) future land use and zoned Central Business District (CBD); East: First Financial Plaza office commercial condominiums, classified Mixed Use Core (MXC) and zoned Central Business District (CBD); further east, the mixed use project Boynton Beach Marina Village classified Mixed Use Core (MXC) and zoned Mixed Use High (MU -H). West: Right-of-way for Federal Highway, and farther west, developed commercial properties designated Mixed Use (MX) land use and zoned CBD Central Business District. BACKGROUND The 3.63 acre property, currently vacant, consists of two parcels. The smaller, 0.47 acre parcel on the northern side of the property is presently owned by the Community Redevelopment Agency. The applicant proposes to develop the property in two phases: phase I, to include 231 multifamily apartment units and 8,575 feet of retail space, and phase 11, with 127 multifamily units, 3,500 square feet of retail space and a 120 -room hotel. (A site plan for phase I is being processed concurrently.) The property has been classified Mix Use Core (MXC) since 2002. It was included in the City -initiated Future Land Use amendment that reclassified 19.4 acres of land in the downtown from Mixed Use (MX) to MXC. The action represented the ongoing implementation of the 2001 Federal Highway Corridor Community Redevelopment Plan, which divided the corridor into five planning areas and recommended the most intensive land use category for Planning Area III, the Central Business District (CBD) -zoned downtown. The intended zoning for MXC-classified properties was Mixed Use -High (MX -H), to be requested by a developer and reviewed concurrently with the application for a master plan or a site plan. Three projects have since availed themselves of the MX -H zoning district: Marina Village, Casa Costa and 500 Ocean, with the latter being currently under construction. 2 Page 540 of 675 Page 3 Ocean One REZN 16-001 The subject property (together with the adjoining First Financial Plaza) was already the subject of an application for a MX -H zoning once, in 2006. The proposed project, consisting of a hotel, multi -family residential and commercial uses, was withdrawn, likely because of the already looming housing market collapse. The property is under three transportation -related designations: the Downtown Transit - Oriented Development (DTOD) District, Transportation Concurrency Exception Area (TCEA) and Coastal Residential Exception. The DTOD district covers a '/2 mile radius around the station (to be located just south of Boynton Beach Boulevard) of the planned Tri -Rail Coastal Link commuter service on the FEC Rail line; the district's regulations support increased intensity of development through a 25% density bonus. The TCEA, in addition to the Coastal Residential Exception applicable east of 1-95, exempts all projects within a predetermined threshold from Palm Beach County traffic concurrency thus allowing denser development in the eastern, redeveloping areas of the county. Since the maximum density for the MX -H zoning district is 80 du/acre, the DTOD density bonus would allow the project to reach a total density of 100 du/acre. REVIEW BASED ON CRITERIA The following criteria used to review Comprehensive Plan Map amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Article 11, Section 2.B and Section 2.D.3: 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. The subject request reflects an ongoing high demand for rental apartments. According to the Marcus & Millichap's multifamily market report for the second quarter of 2016, the vacancy rate in Palm Beach County reached 4.0%, the lowest level of empty apartments since 2005. The rental market will be upheld by "stable employment in service -related positions supporting a large base of retirees," and gains in office jobs commonly held by young professionals, with the latter group contributing to absorbtion of luxury rentals. According to the company's research, over the last 12 months the Boynton Beach/Delray submarket posted outsize rent growth of 8%, bringing the average rent to $1,530. The company's fourth quarter report notes that developers have been adding a large number of new apartments, and that, in the short term, new construction will produce increases in the vacancy rate; however "rent growth will not be affected to a great degree, supporting the seventh consecutive year of increases". Aside from the market consideration, the need for the requested rezoning of the subject site is closely aligned with the City's long standing vision and desire to expand housing in and around the downtown to foster pedestrian activity needed for creation of a vibrant 3 Page 541 of 675 Page 4 Ocean One REZN 16-001 city center. The City has supported this vision by allowing the highest residential densities in the area; more so in recent years, as the plan for a new Tri -Rail commuter service with a downtown station provided a heightened rationale for intensification of future redevelopment in proximate locations. The increased development intensity and related regulations for the Downtown Transit -Oriented Development (DTOD) District, established in 2014, are consistent with recommendations of the Florida Department of Transportation (FDOT). However, the FDOT model for the Boynton Beach DTOD District is a Community Center station with stipulated densities between 11 and 16 dwelling units per acre, much higher than 7.0 dwelling units per acre, the current gross density within the 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. Consistency with the Comprehensive Plan and Redevelopment Plan The proposed zoning district (MU -H) is consistent with the recommendation of the recently approved 2016 CRA Community Redevelopment Plan (the plan upheld the recommendation of the 2006 update of the Federal Highway Corridor Community Redevelopment Plan for the area). The proposed future land use amendment and rezoning are also consistent with several applicable policies of the Comprehensive Plan, such as: Policy 1.18.1 The City shall implement the Transit -Oriented Development (TOD) approach, as described in the 2012 Florida Department of Transportation's TOD Guidebook, to manage future growth within a mile radius around the intersection of Ocean Avenue and the Florida East Coast rail corridor, which is the anticipated location of the Downtown Boynton Beach Station for the planned commuter Tri -Rail Coastal Link service on the FEC Corridor. This area will be referred as the Downtown TOD District hereforth. The inner %-mile core of this District shall be designed to accommodate the greatest density and intensity of development. Policy 1. 18.2 The City shall aim to transform the Downtown TOD District area into an active, mixed-use, pedestrian -friendly activity zone, supporting new housing to increase potential ridership, intensifying land development activity, and adding amenities and destination uses for future transit riders. The City shall strive to achieve this goal through facilitating compact, high density and intensity development of a varied mix of land uses. Note that the subject property is located within the inner 1/4—mile core of the DTOD S Page 542 of 675 Page 5 Ocean One REZN 16-001 District. Consistency with Land Development Regulations (LDR) The application for the Master/Site Plan complies with the development regulations of the Mixed Use High (MU -H) zoning district, other than the build -to requirements along the north side of the property and the community design standards that require the parking garage to be wrapped with habitable floor area. The agent has submitted concurrent Community Design Appeal applications and justifications, in an effort to deviate from those design regulations. c. Land Use Pattern. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be contrary to the established land use pattern, or would create an isolated zoning district or an isolated land use classification unrelated to adjacent and nearby classifications, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. This factor is not intended to exclude FLUM reclassifications and rezonings that would result in more desirable and sustainable growth for the community. The proposed rezoning will not be contrary to the established land use pattern, will not create an isolated district, nor will it constitute a grant of special privilege to the owner. As already noted in comments for criterion "b," the project is consistent with recommendations of the 2016 CRA Community Redevelopment Plan. Areas to the north and east of subject property carry the same MXC classification, and the Casa Costa and Marina Village properties are already zoned MU -H as is the 500 Ocean project under construction nearby. The proposed rezoning/master plan will further advance a desirable, sustainable, growth -promoting land use pattern for the location— high density mixed use. d. Sustainability. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would support the integration of a mix of land uses consistent with the Smart Growth or sustainability initiatives, with an emphasis on 1) complementary land uses; 2) access to alternative modes of transportation, and 3) interconnectivity within the project and between adjacent properties. The proposed rezoning meets the definition of "sustainable" as it supports a mixed use, high density infill development whose residents will have access to public transit via Palm Tran bus service along the US 1 corridor (a bus stop is located in front of the proposed project). Eventually, they will also find themselves within walking distance to the Coastal Link commuter station. e. 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. k, Page 543 of 675 Page 6 Ocean One REZN 16-001 The request is for rezoning only. (Long-term capacity availability for potable water, sewer and solid waste was reviewed as a part of the area -wide FLUM amendment in 2002.) The Palm Beach County Solid Waste Authority determined that sufficient disposal capacity will be available at the existing landfill through approximately the year 2046. The traffic statement was submitted to the Palm Beach County for information only as the location of the subject property makes it exempt from the Palm Beach County Traffic Performance Standards. The School Capacity Availability Determination (SCAD) letter from the School District of PBC confirmed that capacity for the project is available. Drainage will be reviewed in detail as part of the site plan, land development, and building permit review processes. f. Compatibility. The application shall consider the following factors to determine compatibility. (1) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be compatible with the current and future use of adjacent and nearby properties, or would negatively affect the property values of adjacent and nearby properties, and (2) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning is of a scale which is reasonably related to the needs of the neighborhood and the City as a whole. The proposed rezoning would be compatible with the current and future use of adjacent and nearby properties (see response to criterion "c"), and would have a positive impact on the property values. Also—see commentary under criterion "a"—the proposed rezoning represents the scale that would contribute to the creation of a vibrant downtown, benefiting the neighborhood as well as the City as a whole. g. Direct Economic Development Benefits. For rezoning/FLUM amendments involving rezoning to a planned zoning district, the review shall consider the economic benefits of the proposed amendment, specifically, whether the proposal would: (1) Further implementation of the Economic Development (ED) Program,- (2) rogram,(2) Contribute to the enhancement and diversification of the City's tax base,- (3) ase,(3) Respond to the current market demand or community needs or provide services or retail choices not locally available,- (4) vailable,(4) Create new employment opportunities for the residents, with pay at or above the county average hourly wage,- (5) age,(5) Represent innovative methods/technologies, especially those promoting sustainability; (6) Be complementary to existing uses, thus fostering synergy effects, and Ce Page 544 of 675 Page 7 Ocean One REZN 16-001 (7) Alleviate blight/economic obsolescence of the subject area. The proposed project would be yet another major catalyst and synergy contributor in support of a successful, lively downtown ("g1" and "g6"), bringing more development to the area and attracting more residents and visitors to the City. As already noted in this report, the request reflect the ongoing economic recovery and the current market demand, adhering to criterion "g3", and would, if approved, effect a significant enhancement of the City's tax base (criterion "g2"). Direct impact on job generation would be negligible, with indirect (multiplier) effects having a more significant potential through increased demand for retail and restaurant uses. h. Commercial and Industrial Land Supply The review shall consider whether the proposed rezoning/FLUM amendment would reduce the amount of land available for 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 four of the Direct Economic Development Benefits listed in subparagraph "g" above, and (3) The proposed rezoning/FLUM amendment would result in comparable or higher employment numbers, building size and valuation than the potential of existing land use designation and/or rezoning. The proposed rezoning does not reduce the amount of land available for commercial/industrial development. The MXC future land use classification is already in place; however, although we encourage more commercial uses in mixed use developments and would have liked the project to have a more substantial commercial component, developers have a great deal of flexibility to respond to the market. L Alternative Sites. Whether there are adequate sites elsewhere in the City for the proposed use in zoning districts where such use is already allowed. No, there are not. The City has little vacant land left. This is a large vacant property downtown; moreover, the location presented an opportunity for a CRA parcel to expand the size of the project. j. Master Plan and Site Plan Compliance with Land Development Regulations. When master plan and site plan review are required pursuant to Section 2. D. 1.e above, both shall comply with the requirements of the respective zoning district regulations of Chapter 3, Article 111 and the site development standards of Chapter 4. For the master plan/site plan review, see the corresponding staff report. The application 7 Page 545 of 675 Page 8 Ocean One REZN 16-001 for the Master/Site Plan complies with the development regulations of the Mixed Use High (MU -H) zoning district, other than the build -to requirements along the north side of the property and the community design standards that require the parking garage to be wrapped with habitable floor area. The agent has submitted concurrent Community Design Appeal applications and justifications, in an effort to deviate from those design regulations. CONCLUSION/RECOMMENDATION As indicated herein, staff has reviewed the proposed rezoning and determined that it constitutes the implementation of the CRA Community Redevelopment Plan and the policies of the Comprehensive Plan. However, the subject request cannot be approved without a concurrent approval of the Community Design Appeal applications. S:\Planning\SHARED\WP\PROJECTS\Ocean One\REZN 16-001\REZN 16-001 Ocean One Staff Report.doc K Page 546 of 675 SITE LOCATION MAP EXHIBIT "A" OCEAN ONE (REZONING 16-001) Legend o 35 70 140 210 280 ZONING DISTRICTS Fee` C4 General Commercial R3 Multi Family CBD Central Business District 0 C2 Neighborhood Commercial 0 M1 Light Industrial Source: Palm Beach County GIS Digital Data 2006-2015 " Copyright Palm Beach County Florida 200g6-p2�0g15 C3 Community Commercial MU -H Mixed Use High AlIrightsreserved- page lg47 grTet�/t5 M PUBLIC HEARING 3/21/2017 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 17-009 - FIRST READING - Approve request for abandonment of a portion of right-of-way of Boynton Beach Boulevard east of Federal Highway, and NE 6th Court between Boynton Beach Boulevard and Ocean Avenue, in conjunction with request for new site plan approval for the Ocean One mixed- use project. Applicant: Davis Camalier / Ocean One Boynton, LLC. EXPLANATION OF REQUEST: Bonnie Miskel, agent for Ocean One Boynton LLC, is requesting to abandon a portion of right-of-way (ABAN 17-001) of Boynton Beach Boulevard east of Federal Highway, and NE 6th Court between Boynton Beach Boulevard and Ocean Avenue, in conjunction with the request for new site plan approval for the Ocean One mixed-use project (see Exhibit "A" — Location Map). More specifically, the applicant is requesting to abandon that portion of the Boynton Beach Boulevard right-of- way immediately east of Federal Highway and abutting the north property line of the subject site, which encompasses the current sidewalk improvements and right turn lane onto NE 6th Court (see Exhibit "B" — Legal Description & Sketch). In addition, the applicant is requesting to abandon the west 10 feet of NE 6th Court, between Boynton Beach Boulevard and Ocean Avenue, to compensate for the 10 feet of the applicant's property to be dedicated from the west side of the project to the Florida Department of Transportation to expand the Federal Highway right-of-way (to provide the required on -street parking). Staff has determined that the portion of the rights-of-way to be abandoned do not adversely impact traffic or other City functions, do not adversely impact other adjacent property owners, and the proposed improvements to be made by the developer in the areas to be abandoned promote better pedestrian movement and create desirable on street parking in the downtown. Therefore staff recommends that the subject request be APPROVED. The Planning & Development Board reviewed this request on February 28, 2017 and also forwards it with a recommendation for approval. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT. Non -budgeted N/A ALTERNATIVES: None Recommended. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: No Page 548 of 675 CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Ordinance Ordinance approving Ocean One ROW abandonment D Staff Report ABAN 17-001 Staff Report D Location Map Exhibit A ® Location Map D Drawings Exhibit B1 ® Survey D Drawings Exhibit B2 ® Site Plan D Drawings Exhibit B3 ® Legal Description & Sketch D Drawings Exhibit B4 ® Leagal Description & Sketch D Letter Exhibit C ® Applicant Justification D Conditions of Approval Exhibit D ® Conditions of Approval D Development Order Development Order REVIEWERS: Department Reviewer Action Date Planning & Zoning Rumpf, Michael Approved 3/9/2017 ® 3:18 PM Finance Howard, Tim Approved 3/9/2017 ® 3:22 PM Legal Swanson, Lynn Approved 3/13/2017 ® 11:43 AM City Manager LaVerriere, Lori Approved 3/17/2017 ® 9:55 AM Page 549 of 675 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 ORDINANCE NO. 17- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING ABANDONMENT OF THAT PORTION OF THE BOYNTON BEACH BOULEVARD RIGHT-OF-WAY IMMEDIATELY EAST OF FEDERAL HIGHWAY AND ABUTTING THE NORTH PROPERTY LINE OF THE SUBJECT SITE, WHICH ENCOMPASSES THE CURRENT SIDEWALK IMPROVEMENTS AND RIGHT TURN LANE ONTO NE 6TH COURT ALONG WITH THE ABANDONMENT OF THE WEST 10 FEET OF NE 6TH COURT, BETWEEN BOYNTON BEACH BOULEVARD AND OCEAN AVENUE, MORE PARTICULARLY DESCRIBED HEREIN, SUBJECT TO STAFF COMMENTS; AUTHORIZING THE CITY MANAGER TO EXECUTE A DISCLAIMER, WHICH SHALL BE RECORDED WITH THIS ORDINANCE IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Ocean One Boynton LLC., Applicant is requesting the City abandon that portion of the Boynton Beach Boulevard right-of-way immediately east of Federal Highway and abutting the north property line of the subject site, which encompasses the current sidewalk improvements and right turn lane onto NE 6th Court along with the abandonment of the west 10 feet of NE 6th Court, between Boynton Beach Boulevard and Ocean Avenue, subject to staff comments; and WHEREAS, comments have been solicited from the appropriate City Departments, and public hearings have been previously held before the City's Planning & Development Board, and the City Commission on the proposed abandonments; and WHEREAS, staff finds that the portion of the Boynton Beach Boulevard right-of- way immediately east of Federal Highway and abutting the north property line of the subject site, which encompasses the current sidewalk improvements and right turn lane onto NE 6th Court along with the abandonment of the west 10 feet of NE 6th Court, between Boynton Beach Boulevard and Ocean Avenue no longer serves a public purpose, and the City Commission adopts that finding. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The foregoing Whereas clauses are true and correct and incorporated herein by this reference. CAProgram Files (x86)\neevia.com\docConverterPro\temp\NVDC\5DBBC879-5389-4DOE-B50B-9FF3B836FE6D\Boynton Beach. 5221.1.Ocean_One_Abandonment _ Ordinance.doc Page 550 of 675 1 Section 2. The City Commission of the City of Boynton Beach, Florida, does 2 hereby abandon that portion of the Boynton Beach Boulevard right-of-way immediately 3 east of Federal Highway and abutting the north property line of the subject site, which 4 encompasses the current sidewalk improvements and right turn lane onto NE 6th Court 5 along with the abandonment of the west 10 feet of NE 6th Court, between Boynton Beach 6 Boulevard and Ocean Avenue subject to staff comments. The property being abandoned 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 is more particularly described as follows: A PORTION OF THE NORTHWEST ONE-QUARTER OF SECTION 27, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, INCLUDING PORTIONS OF LOTS 1 THROUGH 6, "FUNK BROS. ADDITION TO THE TOWN OF BOYNTON", AS RECORDED IN PLAT BOOK 2 AT PAGE 13 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND A PORTION OF LOT 41 "DEWEY'S SUBDIVISION", AS RECORDED IN PLAT BOOK 1 AT PAGE 37 OF SAID PUBLIC RECORDS, ALL IN ACCORDANCE WITH THE "AGREEMENT PLAT", AS RECORDED IN PLAT BOOK 10 AT PAGE 2, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 27; THENCE NORTH 89055'38" EAST, ALONG THE NORTH LINE OF SAID SECTION 27, A DISTANCE OF 86.08 FEET; THENCE SOUTH 00004'22" EAST, A DISTANCE OF 22.00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 89055'38" EAST, A DISTANCE OF 216.56 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE EASTERLY AND SOUTHERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 88020'52", A DISTANCE OF 38.55 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 01043'30" EAST, ALONG A LINE 15.00 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF SAID LOTS 1 THROUGH 6 AND THE EAST LINE OF SAID LOT 41, A DISTANCE OF 549.27 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE SOUTHERLY AND WESTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 10.00 FEET AND A CENTRAL ANGLE OF 91034'03", A DISTANCE OF 15.98 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 89050'33" WEST, ALONG A LINE 30 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF SAID LOT 41, A DISTANCE OF 10.00 FEET TO A POINT OF CUSP OF A CIRCULAR CURVE TO THE LEFT; THENCE EASTERLY AND NORTHERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 10.00 FEET AND A CENTRAL ANGLE OF 91034'03", A DISTANCE OF 15.98 FEET TO THE POINT OF TANGENCY; THENCE NORTH 01043'30" WEST, ALONG A LINE 25.00 FEET WEST OF AND PARALLEL TO THE EAST LINE OF SAID LOT 41 AND LOTS 1 THROUGH 6, A DISTANCE OF 525.69 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE LEFT; THENCE NORTHERLY AND WESTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 91042'29", A DISTANCE OF 40.02 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 86034'01" WEST, A DISTANCE OF 41.95 FEET; THENCE NORTH 76046'09" WEST, A DISTANCE OF 50.34 FEET; THENCE SOUTH 89055'38" WEST, A DISTANCE OF 129.69 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE LEFT; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 20.00 FEET AND A CENTRAL ANGLE OF 25051'49", A DISTANCE OF 9.03 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE TO THE RIGHT, AT WHICH THE RADIUS POINT BEARS SOUTH 70012'14" EAST (THE LAST FIVE DESCRIBED COURSES BEING COINCIDENT WITH THE SOUTHERLY LINE OF A RIGHT-OF-WAY DEDICATED PER OFFICIAL RECORDS BOOK 23563 AT PAGE 1115 OF SAID PUBLIC RECORDS); THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 70°07'51", A DISTANCE OF 30.60 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE IN THE CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA, AND CONTAIN 10,379 SQUARE FEET, MORE OR LESS. CAProgram Files (x86)\neevia.com\docConverterPro\temp\NVDC\5DBBC879-5389-4DOE-B50B-9FF3B836FE6D\Boynton Beach. 5221.1.Ocean_One_Abandonment _ Ordinance.doc Page 551 of 675 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Section 3. The City Manager is hereby authorized and directed to execute the attached Disclaimer and cause the same to be filed, with this Ordinance, in the Public Records of Palm Beach County, Florida. Section 4. This Ordinance shall take effect immediately upon passage. FIRST READING this day of 2017. SECOND, FINAL READING AND PASSAGE this , 2017. CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Mack McCray Commissioner — Justin Katz Commissioner — Christina L. Romelus Commissioner — Joe Casello ATTEST: Judith A. Pyle, CMC City Clerk (Corporate Seal) VOTE YES NO day of CAProgram Files (x86)\neevia.com\docConverterPro\temp\NVDC\5DBBC879-5389-4DOE-B50B-9FF3B836FE6D\Boynton Beach. 5221.1.Ocean_One_Abandonment _ Ordinance.doc Page 552 of 675 DISCLAIMER KNOW ALL MEN BY THESE PRESENTS that The City Commission of the City of Boynton Beach, Florida, does hereby abandon that portion of the Boynton Beach Boulevard right-of-way immediately east of Federal Highway and abutting the north property line of the subject site, which encompasses the current sidewalk improvements and right turn lane onto NE 6th Court along with the abandonment of the west 10 feet of NE 6th Court, between Boynton Beach Boulevard and Ocean Avenue, subject to staff comments. The property being abandoned is more particularly described as follows: A PORTION OF THE NORTHWEST ONE-QUARTER OF SECTION 27, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, INCLUDING PORTIONS OF LOTS 1 THROUGH 6, "FUNK BROS. ADDITION TO THE TOWN OF BOYNTON", AS RECORDED IN PLAT BOOK 2 AT PAGE 13 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND A PORTION OF LOT 41 "DEWEY'S SUBDIVISION", AS RECORDED IN PLAT BOOK 1 AT PAGE 37 OF SAID PUBLIC RECORDS, ALL IN ACCORDANCE WITH THE "AGREEMENT PLAT", AS RECORDED IN PLAT BOOK 10 AT PAGE 2, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 27; THENCE NORTH 89055'38" EAST, ALONG THE NORTH LINE OF SAID SECTION 27, A DISTANCE OF 86.08 FEET; THENCE SOUTH 00004'22" EAST, A DISTANCE OF 22.00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 89055'38" EAST, A DISTANCE OF 216.56 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE EASTERLY AND SOUTHERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 88020'52", A DISTANCE OF 38.55 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 01043'30" EAST, ALONG A LINE 15.00 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF SAID LOTS 1 THROUGH 6 AND THE EAST LINE OF SAID LOT 41, A DISTANCE OF 549.27 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE SOUTHERLY AND WESTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 10.00 FEET AND A CENTRAL ANGLE OF 91034'03", A DISTANCE OF 15.98 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 89050'33" WEST, ALONG A LINE 30 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF SAID LOT 41, A DISTANCE OF 10.00 FEET TO A POINT OF CUSP OF A CIRCULAR CURVE TO THE LEFT; THENCE EASTERLY AND NORTHERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 10.00 FEET AND A CENTRAL ANGLE OF 91034'03", A DISTANCE OF 15.98 FEET TO THE POINT OF TANGENCY; THENCE NORTH 01043'30" WEST, ALONG A LINE 25.00 FEET WEST OF AND PARALLEL TO THE EAST LINE OF SAID LOT 41 AND LOTS 1 THROUGH 6, A DISTANCE OF 525.69 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE LEFT; THENCE NORTHERLY AND WESTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 91042'29", A DISTANCE OF 40.02 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 86034'01" WEST, A DISTANCE OF 41.95 FEET; THENCE NORTH 76046'09" WEST, A DISTANCE OF 50.34 FEET; THENCE SOUTH 89055'38" WEST, A DISTANCE OF 129.69 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE LEFT; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 20.00 FEET AND A CENTRAL ANGLE OF 25051'49", A DISTANCE OF 9.03 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE TO THE RIGHT, AT WHICH THE RADIUS POINT BEARS SOUTH 70012'14" EAST (THE LAST FIVE DESCRIBED COURSES BEING COINCIDENT WITH THE SOUTHERLY LINE OF A RIGHT-OF-WAY DEDICATED PER OFFICIAL RECORDS BOOK 23563 AT PAGE 1115 OF SAID PUBLIC RECORDS); THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 25.00 FEET CAProgram Files (x86)\neevia.com\docConverterPro\temp\NVDC\5DBBC879-5389-4DOE-B50B-9FF3B836FE6D\Boynton Beach. 5221.1.Ocean_One_Abandonment _ Ordinance.doc Page 553 of 675 AND A CENTRAL ANGLE OF 70007'51", A DISTANCE OF 30.60 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE IN THE CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA, AND CONTAIN 10,379 SQUARE FEET, MORE OR LESS. IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton Beach, Florida, have hereunto set their hands and affixed the seal of the City this day of 2017. ATTEST: Judith A. Pyle, CMC City Clerk STATE OF FLORIDA ) )ss: COUNTY OF PALM BEACH ) CITY OF BOYNTON BEACH, FLORIDA Lori LaVerriere, City Manager BEFORE ME, the undersigned authority, personally appeared Lori LaVerriere and Judith A. Pyle, CMC, City Manager and City Clerk respectively, of the City of Boynton Beach, Florida, known to me to be the persons described in and who executed the foregoing instrument, and acknowledged the execution thereof to be their free hand and deed as such officers, for the uses and purposes mentioned therein; that they 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 2017. NOTARY PUBLIC, State of Florida My Commission Expires: CAProgram Files (x86)\neevia.com\docConverterPro\temp\NVDC\5DBBC879-5389-4DOE-B50B-9FF3B836FE6D\Boynton Beach. 5221.1.Ocean_One_Abandonment _ Ordinance.doc Page 554 of 675 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 17-007 TO: Chair and Members Planning & Development Board THRU: Michael W. Rumpf Planning and Zoning Director FROM: Ed Breese Principal Planner DATE: February 16, 2017 SUBJECT: Abandonment of a portion of right-of-way (ABAN 17-001) of Boynton Beach Boulevard east of Federal Highway, and NE 6th Court between Boynton Beach Boulevard and Ocean Avenue, in conjunction with request for new site plan approval of Ocean One mixed use project. NATURE OF REQUEST Bonnie Miskel, agent for Ocean One Boynton LLC, is requesting to abandon a portion of right-of- way (ABAN 17-001) of Boynton Beach Boulevard east of Federal Highway, and NE 6th Court between Boynton Beach Boulevard and Ocean Avenue, in conjunction with request for new site plan approval of Ocean One mixed use project (see Exhibit "A" — Location Map). More specifically, the applicant is requesting to abandon that portion of the Boynton Beach Boulevard right-of-way immediately east of Federal Highway and abutting the north property line of the subject site, which encompasses the current sidewalk improvements and right turn lane onto NE 6th Court (as depicted and described in Exhibit "B" — Legal Description & Sketch). In addition, the applicant is requesting to abandon the west 10 feet of NE 6th Court, between Boynton Beach Boulevard and Ocean Avenue, to compensate for the 10 feet of the applicant's property to be dedicated from the west side of the project to the Florida Department of Transportation to expand the Federal Highway right-of-way, in order to provide the required on - street parking. The following is a description of the zoning districts and land uses of the properties that surround the subject request: North: Right-of-way for Boynton Beach Boulevard and farther north is a developed mix use project (Casa Costa) zoned MU -H (Mixed Use -High); South: Vacant land under concurrent development review and known as the Ocean One project and farther south is right-of-way for Ocean Avenue; East: Right-of-way for NE 6th Court and father east are developed properties (First Financial Building) zoned CBD (Central Business District) and Marina Village Page 555 of 675 Page 2 Memorandum No. PZ 17-007 ABAN 17-001 zoned MU -H (Mixed Use -High); and West: Vacant land under concurrent development review and known as the Ocean One project and farther west is right-of-way for Federal Highway and farther west is developed commercial properties zoned CBD (Central Business District). BACKGROUND The applicant is requesting to abandon a portion of Boynton Beach Boulevard right-of-way immediately east of Federal Highway, which currently is comprised of sidewalk and landscape improvements and a right turn lane onto NE 6th Court. While the proposed abandonment of this section of Boynton Beach Boulevard reduces the right-of-way width, it will not affect the existing number or size of travel lanes within the roadway, only the loss of the right turn lane onto NE 6th Court, which is notwarranted based upon predicted trafficvolumes. The developerwill be creating a new paverwalk and landscape area, between 10 feet and 24 feet in width, on his property to offset the loss of the existing sidewalk and landscape area along the south side of Boynton Beach Boulevard, including a 10 foot wide sidewalk easement dedicated to the City. Also, the applicant is requesting to abandon the west 10 feet of NE 6th Court, between Boynton Beach Boulevard and Ocean Avenue, to compensate for the 10 feet of the applicant's property to be dedicated from the west side of the project to the Florida Department of Transportation to expand the Federal Highway right-of-way, in orderto provide the required on -street parking. The right-of-way on NE 6th Court will be reduced from 50 feet to 40 feet, with a minimum 7 foot wide sidewalk on the west side, partially in the right-of-way and partially on private property (a 5 foot wide sidewalk easement would be dedicated to the City), on -street parallel parking, a 20 foot wide two lane drive and finally, a 4 foot wide sidewalk on the east side of the street. As noted, staff supports the addition of on -street parallel parking on both Federal Highway and NE 6th Court, which justifies the abandonment request. Additionally, the applicant has submitted a justification statement for the requests (see Exhibit "C" — Applicant's Justification). ANALYSIS Owners of properties within 400 feet of the subject site were mailed a notice of this request and its respective hearing dates. The applicant has certified that they posted signage and mailed notices in accordance with Ordinance No. 04-007. A summary of the responses follows: CITY DEPARTMENTS/DIVISIONS Engineering - No objection w/ provision of necessary easements. Public Works/Utilities - No objection w/ provision of necessary easements. Planning and Zoning - No objection Page 556 of 675 Page 3 Memorandum No. PZ 17-007 ABAN 17-001 PUBLIC UTILITY COMPANIES Florida Power and Light - No objection w/ provision of necessary easements and relocation of utilities at developer's cost, if necessary. AT & T - No objection w/ provision of necessary easements and relocation of utilities at developer's cost, if necessary. Florida Public Utilities - No objection Comcast - No objection w/ provision of necessary easements and relocation of utilities at developer's cost, if necessary. Hotwire - No objection PBC Traffic Engineering - No objection RECOMMENDATION Staff has determined that the subject portion of the rights-of-way requested to be abandoned do not adversely impact traffic or other City functions, do not adversely impact other adjacent property owners, and the proposed improvements to be made by the developer in the areas to be abandoned promote better pedestrian movement and create desirable on street parking in the downtown. Based on the above analysis, staff recommends APPROVAL of the applicant's request to abandon these portions of the rights-of-way, subject to the attached conditions. Any conditions requested by the Planning and Development Board or required by the Commission will be placed in Exhibit "D" - Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\Ocean One\ABAN 17-001 \Staff Report.doc Page 557 of 675 SITE LOCATION MAP 20 40 80 120 160 Feet Source: Palm Beach County GIS Digital Data 2006-2015 " Copyright Palm Beach County Florida 2006-2015 All rights reserved - sage IgggAggrfe67t5 En �a�an ¢o - oz� �m'�mzw�e4a ao~amo - - - wga Ka ao UFim 000Q w w wQz wQzo woj ... .... ..... ..... g"1}a3Z oww o v w Z v d_ �;; � N BOYNTON BEACH BOULEVARD r �I y 5 u4c s c iov a>- s d _ a5-S.wq" 6 -- ` ° 9i az zsc R-20 00 ry D 91 18 38 IrswS LOT 14L "AGREEMENT PLAT °`02(P.B. 10, PG. ___ ! FUNK BROS. ADDITION" FFp ' r (P.B. 2, PG. 13) LOT 225 d m 9 10 FO— IK s� d zcL LOT 3-'� LOT 4 L- LOT 5 1a I I! I01 "'---d1 - - "AGREEMENT PLAT" ?� s (P B. 101 pG 2> W 'FUNK BROS ADDI T ION' ! w, LOT 6 ! m 2 4 � o o~ IT R, z a i' gwoCi "AGREEMENT PLAT" (P.B. 10, PG. 2) 3LOT 41 li ^DEWEYS SUBDIVISION" J W V M >- W (raj. > .7 x v J = Q Q w uJ 0 0 LLI a. 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I �' a' (SR 804). 1598 D ° a 91`34 o z � ! t �m eees eaasoc ss NV�d 311S Q Q -d `HZ)V38 NOINAOS`AVMHUH WJ303d'N KL dd sLa iU ary HossV q VSONaN3 • NVwa33H1 • NIHo o" aNd„ A31 wl u.��H(C( al 3NO NV300 .. m _ 5 TJOd NOIS3O A2JVNIWIl32id _ U o 9 i 8 .E oG a W e�Q � � 3� �• - E 3 ---� SNu�W ice$, _ g iS5§ = o a=o s _ ; d g _ 'anl8 HOV39 NOINAOS AW — __-_---- — --- -- a --p --- _"- _ q Na _.V L W�tl€ of m 4iI. b� Q .iia@k 3e a a is bi 3 I F, sas � a II ga 9aW aI x �� L X59' yl g;i o EG b lA Ab ------------------- M___d 11111111 II 5 I I � tl r :k ac AESF$S ffbc 4 z I a stz ++ (VO8 US') 3fTN3A)f N''3 -OO ,€ ------------------- M___d 11111111 5 I I � tl r DRi M IE r Q �P 947 C#int Moore RoadTel: (561) 241-9968 Boca Raton, Florida 33487 SURVEYING & MAPPING Fax; (561) 241-5162 Certificate of Authorization No. LB7264 SKETCH AND LEGAL DESCRIPTION (NOT A SURVEY) OCEAN ONE - ROAD RIGHT-OF-WAY ABANDONMENT LEGAL DESCRIPTION A PORTION OF THE NORTHWEST ONF-QUARTFR OF SECTION 27, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, INCLUDING PORTIONS OF LOTS 1 THROUGH 6, "AGREEMENT PLAT", AS RECORDED IN PLAT BOOK 10 AT PAGE 2 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND A PORTION OF LOT 41 ''DEWEY'S SUBDIVISION'', AS RECORDED IN PLAT BOOK 1 AT PAGE 37 OF SAID PUBLIC RECORDS, ALL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 27; THENCE NORTH 890 55'38" EAST, ALONG THE NORTH LINE OF SAID SECTION 27, A DISTANCE OF 86.08 FEET; THENCE SOUTH 00' 04'22" FAST, A DISTANCE OF 22.00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 89' 55'38" EAST, A DISTANCE OF 216.56 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE EASTERLY AND SOUTHERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 880 20'52", A DISTANCE OF 38.55 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 010 43'30" EAST, ALONG A LINE 15.00 FEET WEST OF AND PARALLEL. WITH THE EAST LINE OF SAID LOTS 1 THROUGH 6 AND THE EAST LINE OF SAID LOT 41, A DISTANCE OF 549.27 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE SOUTHERLY AND WESTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 10.00 FEET AND A CENTRAL ANGLE OF 910 34'03", A DISTANCE OF 15.98 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 89° 50'33" WEST, ALONG A LINE 30 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF SAID LOT 41, A DISTANCE OF 10.00 FEET TO A POINT OF CUSP OF A CIRCULAR CURVE TO THE LEFT; THENCE EASTERLY AND NORTHERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 10.00 FEET AND A CENTRAL ANGLE OF 91' 34'03", A DISTANCE OF 15,98 FEET TO THE POINT OF TANGENCY; THENCE NORTH 01' 43'30" WEST, ALONG A LINE 25.00 FEET WEST OF AND PARALLEL TO THE EAST LINE OF SAID LOT 41 AND LOTS 1 THROUGH 6, A DISTANCE OF 525.69 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE LEFT; THENCE NORTHERLY AND WESTERLY ALONG THE ARC OF SAID CURVE, HAVING A RAD#US OF 25.00 FEET AND A CENTRAL ANGLE OF 91' 42'29", A DISTANCE OF 40.02 FEET TO THE POINT OF TANGENCY= THENCE SOUTH 86° 34'01" WEST, A DISTANCE OF 41.95 FEET; THENCE NORTH 760 46'09" WEST, A DISTANCE OF 50.34 FEET; THENCE SOUTH 89' 55'38" WEST, A DISTANCE OF 129.69 FEET TO THE POINT OF CERTIFICATION IHEREBY CERTIFY THAT THE SKETCH AND DESCRIPTION SHOWN HEREON COMPLIES WITH MINIMUM TECHNICAL STANDARDS AS CONTAINED IN CHAPTER 61G17-6, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES, AND THAT SAID SKETCH AND DESCRIPTION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS PREPARED UNDER MY DIRECTION. -------(-------------- JEFF S. HODAPP SURVEYOR AND MAPPER FLORIDA LICENSE N0. LS5111 LAST DATE OF FIELD WORK = NOT A SURVEY Project Nam. OCEAN ONE I R/W ABANDONMENT IDATEj 09/28/2016 JOB Na. 04175 owc BY JSH cK•D By- JEK I SHEET 1 OF 3 Page 561 of 675 SKETCH AND LEGAL DESCRIPTION (NOT A SURVEY) CURVATURE OF A CIRCULAR CURVE TO THE LEFT; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 20.00 FEET AND A CENTRAL ANGLE OF 250 51'49", A DISTANCE OF 9.03 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE TO THE RIGHT, AT WHICH THE RADIUS POINT BEARS SOUTH 70012'14'' EAST (THE LAST FIVE DESCRIBED COURSES BEING COINCIDENT WITH THE SOUTHERLY LINE OF A RIGHT -OF --WAY DEDICATED PER OFFICIAL RECORDS BOOK 23563 AT PAGE 1115 OF SAID PUBLIC RECORDS); THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 70'07'51'', A DISTANCE OF 30.60 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE IN THE CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA, AND CONTAIN 10,379 SQUARE FEET, MORE OR LESS. NOTES 1. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL Of A FLORIDA LICENSED SURVEYOR AND MAPPER. 2. NO SEARCH OF THE PUBLIC RECORDS WAS MADE IN THE PREPARATION OF THIS SKETCH AND DESCRIPTION. 3. BEARINGS SHOWN HEREON ARE BASED ON THE WEST LINE 0F QUARTER OF SECTION 27, HAVING A BEARING OF NORTH 01° 23'00" THE STATE PLANE COORDINATE SYSTEM, STATE OF FLORIDA, EAST DATUM OF 1983, 1990 ADJUSTMENT. L ARCLENGTH CONC. CONCRETE COR. • CORNER 0 DELTA (CENTRAL ANGLE) L.B. LICENSED BUSINESS L.S. LICENSED SURVEYOR O.R.B. OFFICIAL RECORDS BOOK P.O.B. POINT OF BEGINNING P.O.C. • POINT OF COMMENCEMENT P.B. PLAT BOOK P.B.C.R. PALM BEACH COUNTY RECORDS PG. PAGE P.S.M. PROFESSIONAL SURVEYOR 8 MAPPER R/W RIGHT-OF-WAY THE NORTHWEST ONE - WEST, ACCORDING TO ZONE, NORTH AMERICAN JOB NO. 04475 Project Names OCEAN ONE �wc BYS JSH s �E, N/A RIGHT-OF-WAY ARANDONMFNT 22.0 eve JFK oarEi nW�A/7n4S SkFFT 7 (1F 3 Page 562 of 675 P.O.C. SKETCH AND LEGAL DESCRIPTION NW CORNER (NOT A SURVEY) 41 SECTION 27-45-43-..___R/W QUIT CLAIM DEED (NOT FOUND) N890 55'38"E 86.08' (ORB 23563,PG. 1115) BOYNTON BEACH BOULEVARD &;i P.O.B. u N LINE SECTION 27-45-43 — �-�- - — — — —-— ------ ; -- - U R=25.00 N89° 55'38"E- L=38.55' SDO° 04'2�? "E I -------- D=880 20'52" 22.©0' ir,-,-S89° 55'38"W-- - j R=25.00' R=0.00'- _ 129.69 LOT 1 -� s L=40.02' L=9.03' R=25.00' s, D=910 42'29" D=25-(51'49" --J L=30.60' o>n� >� D=700 07'51" C)o' LOT 2 cam`-`? - - -- - S860 3410111W -41.95 FPL EASEMENT LOT 3 (ORB 19094,PG_1699) , - "AGREEMENT PLAT" Z (P.B. 10, PG. 2) LOT 4m _ "FUNK BROS. ADDITION" - - F - - - -(P-.� 2, -PO 1-3 - - ? _ ZLOT 5 0 ol,0p 'ro -- C D01�1 - _ - I ° 0- -_._ � �0 -n N 1 � L,4 r LOT 6 �' �'� o�T'� �0,�� N Q wFDO Q0 -n IizTt -! GSC, rri"AGREEMENT PLAT" z v -� (P.B. 10, PG. 2) n o LOT 41 "DEWEY'S SUBDIVISION" I� (P, B. 1, PG. 37) .1 -A 5' - R=10.00' =15.9' 1 4�1 D=91L° 34'03' S. LINE LOT 41 Q - S89° 50'33"W �"-- -10.00' — — � � I OCEAN AVENUE (SR 804) JOB NO. 04175 Pr°1ec+ Nome, OCEAN ONE I DWG BY. 4H ISCALE. 1".80' RIGHT-OF-WAY ABANDONMENT I WD Bys JEK JDATEj 09/28/20161 SHEET 3 OF 3 Page 563 of 675 est me rF Q � 947 Clint Moore RoadSURVEYING & MAPPING Tel: (561) 241-9988 Baca Raton, Florida 33487 Certificate o1 Authorization No. L87264 Fax: (561) 241-5182 SKETCH AND LEGAL DESCRIPTION (NOT A SURVEY) OCEAN ONE - ROAD RIGHT-OF-WAY DEDICATION LEGAL DESCRIPTION A PORTION OF THE NORTHWEST ONE-QUARTER OF SECTION 27, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, INCLUDING PORTIONS OF LOTS 1 THROUGH 6, "AGREEMENT PLAT'', AS RECORDED IN PLAT BOOK 10 AT PAGE 2 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND A PORTION OF LOT 41 "DEWEY'S SUBDIVISION", AS RECORDED IN PLAT BOOK 1 AT PACE 37 OF SAID PUBLIC RECORDS, ALL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 27, THENCE NORTH 890 55'38" EAST, ALONG THE NORTH LINE OF SAID SECTION 27, A DISTANCE OF 62.57 FEET, THENCE SOUTH 000 04'22" EAST, A DISTANCE OF 38.51 FEET TO THE POINT OF BEGINNING, SAID POINT LYING ON THE ARC OF A CIRCULAR CURVE TO THE LEFT, AT WHICH THE RADIUS POINT BEARS SOUTH 70012'14" EAST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 21' 10'46", A DISTANCE OF 9.24 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 010 23'00" EAST, ALONG A LINE 60.00 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF SAID SECTION 27, A DISTANCE OF 534.09 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE LEFT; THENCE SOUTHERLY AND WESTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 88° 46'28", A DISTANCE OF 38.74 FEET TO A POINT OF CUSP; THENCE SOUTH 890 50'33" WEST, ALONG A LINE 30 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF SAID LOT 41, A DISTANCE OF 34.47 FEET; THENCE NORTH 01° 23'00" WEST, ALONG A LINE 50.00 FEET EAST OF AND PARALLEL WITH SAID WEST LINE OF SECTION 27, ALSO BEING THE EXISTING RIGHT -OF --WAY LINE OF U.S. HIGHWAY NUMBER 1, A DISTANCE OF 549.19 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, ALSO BEING THE SOUTHERLY LINE OF A RIGHT-OF-WAY DEDICATED PER OFFICIAL RECORDS BOOK 23563 AT PAGE 1115 OF SAID PUBLIC RECORDS, HAVING A RADIUS OF 20.00 FEET AND A CENTRAL ANGLE OF 65' 26'49", A DISTANCE OF 22.84 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE IN THE CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA, AND CONTAIN 5,748 SQUARE FEET, MORE OR LESS. CERTIFICATION I HEREBY CERTIFY THAT THE SKETCH AND DESCRIPTION SHOWN HEREON COMPLIES WITH MINIMUM TECHNICAL STANDARDS AS CONTAINED IN CHAPTER 61G17-6, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472,027, FLORIDA STATUTES, AND THAT SAID SKETCH AND DESCRIPTION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS PREPARED UNDER MY DIRECTION. ---------------------- JEFF S. HODAPP SURVEYOR AND MAPPER FLORIDA LICENSE NO. LS5111 LAST DATE OF FIELD WORK : NOT A SURVEY Project Nome OCEAN ONE I R/W DEDICATION osTEI 09/28/2016 JOB No. 04175 1 Dwc BY JSH CK -D ay- JEK SHEET I OF 3 Page 564 of 675 Page 565 of 675 SKETCH AND LEGAL DESCRIPTION (NOT A SURVEY) NOTES 1. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 2. NO SEARCH OF THE PUBLIC RECORDS WAS MADE IN THE PREPARATION OF THIS SKETCH AND DESCRIPTION. 3. BEARINGS SHOWN HEREON ARE BASED ON THE WEST LINE OF THE NORTHWEST ONE- QUARTER OF SECTION 27, HAVING A BEARING OF NORTH 01° 23-00" WEST, ACCORDING TO THE STATE PLANE COORDINATE SYSTEM, STATE OF FLORIDA, EAST ZONE, NORTH AMERICAN DATUM OF 1983, 1990 ADJUSTMENT. ABBREVIATIONS L ARCLENGTH CONC. CONCRETE COR. CORNER D DELTA (CENTRAL ANGLE) L.B. LICENSED BUSINESS L.S. LICENSED SURVEYOR O.R.B. OFFICIAL RECORDS BOOK P.O.B. POINT OF BEGINNING P.O.C. POINT OF COMMENCEMENT P.B. PLAT BOOK P.B.C.R. PALM BEACH COUNTY RECORDS PC. PAGE P.S.M. PROFESSIONAL SURVEYOR 8 MAPPER R/W RIGHT-OF-WAY I'm NO. 04175 1 Pro10ct Naml OCEAN ONE Dwc BY. JSH ISCALEN N/A RIGHT-OF-WAY DEDICATION I CK'D eye JEK 10AT0 09/28/20161 SHEET 2 OF 3 Page 565 of 675 P.O.C. SKETCH AND LEGAL DESCRIPTION NW CORNER (NOT A SURVEY) rA SECTION 27-45-43R/W QUIT CLAIM DEED (NOT FOUND) — N890 55'38"E 62.57' (ORB 23563,PG. 1115) BOYNTON BEACH BOULEVARD P.O.B. U N LINE SECTION 27-45-43 - --— --_- --r - —- - — - —-— 1-12 SOOO 04'2? "E 38.,51' R=2000' LOT 1 ; L-22.84'..- - -- -- 1- D=650 26'I49" D J -R=25.00' FPL EASEMENT 0o L=9 24' (ORB 19094,PG. 1699) C JUL ZL 4 c, D z 50' F_ N D-21° 10'46" - ,LOT 2 1 EXISTING R/W LINE -- m LOT 3 XAGREEMENT PLAT" LOT 4 (P.B. 10, PG. 2) "FUNK BRAS. ADDITION" LOT 5 EXISTING R/W LINE LOT 6 ---------------- z - -- --- — ` S890 50'33"W 34.47' PROPOSED R/W LINE "AGREEMENT PLAT'' (P.B. 10, PG. 2) LOT 41 "DEWEY'S SUBDIVISION" (p, B. 1, PG. 37) R=25.00' L=38.74' D=880 46'28" I w S. LINE LOT 41 Q 4:1 I I E25' o DOM nor oo-n> �lK�D ��> CA�-IO C) -rl Z CAr- 0 � D� c� Z C)ZDO 0r -Z �I O -0 0 0 ..ENZ OCEAN AVENUE (SR 804) Fae NO. 04175 Project Namae OCEAN ONE I DOG BY, JSH sca��, 1'•80' RIGHT-OF-WAY DEWATION WO By- JEK NNTIL 09/28/2016 SHEET 3OF 3 -41 U2 Page 566 of 675 Q O I 0 W 0 CA O fz O o 0 O O W7� oto CD cy, w J �C / S890 50'33"W 34.47' PROPOSED R/W LINE "AGREEMENT PLAT'' (P.B. 10, PG. 2) LOT 41 "DEWEY'S SUBDIVISION" (p, B. 1, PG. 37) R=25.00' L=38.74' D=880 46'28" I w S. LINE LOT 41 Q 4:1 I I E25' o DOM nor oo-n> �lK�D ��> CA�-IO C) -rl Z CAr- 0 � D� c� Z C)ZDO 0r -Z �I O -0 0 0 ..ENZ OCEAN AVENUE (SR 804) Fae NO. 04175 Project Namae OCEAN ONE I DOG BY, JSH sca��, 1'•80' RIGHT-OF-WAY DEWATION WO By- JEK NNTIL 09/28/2016 SHEET 3OF 3 -41 U2 Page 566 of 675 DU N 6 ISKEL +IBI Y 0I" .,,, .y QI`Mv-,W Ocean One Abandonment Justification Boynton Beach Blvd & NE 6th Court fl,„ii Caul Dow, Jnr pI , Flo INS dux '`11,.1;v t „ll HRVIka Ocean One Boynton, LLC ("Petitioner") is the owner of the +/- 3.63 gross acre parcel located at 114 North Federal Highway, which is generally located on the northeast corner of Federal Highway and Boynton Ocean Avenue (SR 84) ("Property") within the City of Boynton Beach ("City"). The Property has an underlying land use designation of Mixed Use Core ("MXC") on the City's Future Land Use Map and is currently zoned Central Business District ("CBD"). The Property is also within the City's Downtown Transit - Oriented Development District ("DTODD") Overlay Zone. The Property is currently vacant. Petitioner proposes to redevelop the Property with two hundred thirty seven (237) multi -family residential units that are highly amenitized to ensure an upscale living environment for future residents ("Project"). In order to develop the Project, Petitioner is also requesting a rezoning of the Property to the City's Mixed Use -High Intensity ("MU -H") zoning district. The Property is further located within the Transit Oriented Design ("TOD") District around the future transit station under the City's Community Redevelopment Agency's ("CRA") Downtown Master Plan. This particular district is intended to create a downtown core that builds momentum for other redevelopment, allowing for provisions today which will accomplish the long-term vision of the commuter rail transit station. This district creates transit -supportive densities within walking distance of the marina and the future transit station. Redevelopment of the Property with high density residential development and a ground -floor retail component coincides with the goal contemplated by the TOD district. The Project seeks to redevelop this vacant lot with a luxury residential units that will serve the community. The proposed Project is compatible with development in the adjacent areas with high-density residential development to the north and east, as well as the commercial redevelopment in the area. Further, it provides access to adjacent municipalities because of its proximity to both the Federal Highway thoroughfare, 1-95 and the future transit station, making it an ideal location for residential development as individual can easily commute from home to work. The Project will help satisfy a community need and is compatible with surrounding residential and commercial development. In order to develop the Project, Petitioner is seeking the abandonment of a portion of Boynton Beach Boulevard adjacent to the Property. This portion of Boynton Beach Boulevard is a local road where the right-of-way terminates. As such, a smaller right-of-way is more ideal to serve the properties in the immediate area. This will also allow for a large pedestrian plaza that will create a vibrant development. Further, in order to accommodate on -street parking along Federal Highway, Petitioner is also seeking abandonment of ten (10) feet of NE 6th Court and will be dedicating ten (10) feet for right-of-way along Federal Highway. xis > L4th, S e 'S`�,i�ir _'�Ar, S"o r a iRl3 Ln f L 3,n '2 "e,� [!,,,6 t, 4 U'-,,. ' 3 CH -1l i s 1 611 4 U "J'',.2.1 4a a`rdi'vw d FT1 b b lave, C i rn Page 567 of 675 In support of the abandonment request, Petitioner will demonstrate that the abandonment meets the criteria listed in Part III, Chapter 2, Article II, Section 2.G.3 of the City's Code of Ordinances ("Code") as follows: (a) Access—the subject land provides a legal means of access to a lot of record; the abandonment does not result in a permanent stoppage, interruption or an unacceptable level of service for the subject lot or neighbors lots or developments with respect to police, fire or other emergency services or solid waste removal; (b) Utilities —The subject land does not contain, support or allow potable water, sanitary sewer, or other utility which would be permanently stopped or interrupted or cause an unacceptable level of service to the subject lot or neighboring lots or development; (c) Drainage and Wastewater Management — The subject land does not contain, support or allow a legal means of drainage or wastewater for such lot or on neighboring lots, subdivisions or developments which would cause or result in a stoppage, interruption or unacceptable level of service; (d) Conservation — the subject land does not contain, support or allow the means for conservation or preservation of flora or fauna. (a) Access — Does the subject land provides a legal means of access to a lot of record? Would the abandonment result in a permanent stoppage, interruption or an unacceptable level of service for the subject lot or neighboring lots or developments with respect to police, fire or other emergency services or solid waste removal? The subject land does provide a legal means of access to a lot of record. However, the abandonment will not interrupt or prevent access to adjacent properties and developments. The Project seeks to abandon only a portion of the right-of-way adjacent to the Property and will not interrupt vehicular traffic to adjacent properties. The right-of-way along Boynton Beach Boulevard included in this request contains a turn -lane which is not required based on the anticipated vehicular traffic servicing the Project and adjacent parcels. This portion of Boynton Beach Boulevard is a local road which terminates as it approached the Intracoastal Waterway and is unnecessary to accommodate vehicles traveling in the area. Further, the additional right-of-way being vacated along NE 6th Court would narrow the roadway servicing the Property and the adjacent parcel to the east. It will not prevent legal access to any lot of record. Narrowing the right-of-way will also slow down vehicles traveling in the area and allow for safer vehicular movements and pedestrian crossing. Further, the abandonment requests will not result in a permanent stoppage, interruption or an unacceptable level of service for the neighboring developments with respect to police, fire, other emergency services or solid waste removal. As part of the site plan approval process for the Project, the proposed right-of-ways and related abandonment requests have been reviewed by police and fire and deemed acceptable for emergency services. Further, the abandonment for NE 6th Court is proposed with a dedication along Federal Highway to allow for on -street parking at the request of the City. As such, the abandonment request for the Project complies with this criteria. (b) Utilities — Does the subject land contain, support or allow potable water, sanitary sewer, or other utility which would be permanently stopped or interrupted or cause an unacceptable level of service to the subject lot or neighboring lots or development? The subject land does not contain, support or allow potable water, sanitary sewer or other utility which would be permanently stopped or interrupted. Petitioner has reviewed the request with the City's Utilities and Engineering Departments to determine any impacts of the proposed abandonment to the Page 568 of 675 adjacent properties. Petitioner will be relocating any necessary facilities in order to accommodate the Project and has been working closely with the City to ensure there is no interruption to any neighboring lot or developed serviced by the existing facilities in this area. Further, the abandonment for NE 6th Court is proposed with a dedication along Federal Highway to allow for on -street parking at the request of the City. As such, the abandonment request will not cause an interruption or an unacceptable level of service to those properties service by any existing potable water, sanitary sewer or other utilities contained within these right-of-ways. (c) Drainage and Wastewater Management — Does the subject land contain, support or allow a legal means of drainage or wastewater for such lot or on neighboring lots, subdivisions or developments which would cause or result in a stoppage, interruption or unacceptable level of service? The subject land does not contain, support or allow a means of drainage or wastewater for neighboring lots, subdivisions or other developments which would cause or result in a stoppage, interruption or unacceptable level of service. As part of the site plan process, Petitioner has submitted civil plans which address drainage and wastewater management in the vicinity of the Property. Petitioner has been working closely with the City's utilities and engineering divisions to ensure the Project complies with all drainage requirements and does not have an adverse impact to any adjacent Properties. Any facilities impacted by the Project will be relocated to ensure there is no interruption or unacceptable level of service. As such, the abandonment request meets this criteria. (d) Conservation — Does the subject land does not contain, support or allow the means for conservation or preservation of flora or fauna? The abandonment area does not contain or allow the means for conservation or preservation of flora or fauna. The existing right-of-way proposed for abandonment is currently paved and does not contain any plant materials or animal life. As such, the proposed abandonment meets this criteria. Page 569 of 675 EXHIBIT "D" CONDITIONS OF APPROVAL Project Name: Ocean One File number: ABAN 17-001 Reference: 5th review plans identified as a New Site Plan with a February 13, 2017 Planning and Zoning Department date stamp marking. DEPARTMENTS I INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES Comments: 1. A utility easement needs to be provided if the storm sewer line, located on the NE corner of Boynton Beach Boulevard and NE 6th Court, will be inside the property line after the building is shifted 10 feet towards NE 6th Court. X FIRE Comments: None. X POLICE Comments: None. X BUILDING DIVISION Comments: None. X PARKS AND RECREATION Comments: None. X PLANNING AND ZONING Comments: 2. The abandonment is subject to recording of sidewalk easement agreements acceptable to the City. X 3. Any conditions of approval from the various utility companies requiring new or revised easements and developer relocation of their facilities will be required to be addressed prior to issuance of a building permit. X Page 570 of 675 Ocean One (ABAN 17-001) Conditions of Approval Paae 2 of 2 DEPARTMENTS I INCLUDE REJECT 4. Approval is subject to approval of the concurrent applications for Rezoning, New Site Plan and Community Design Appeals. X COMMUNITY REDEVELOPMENT AGENCY Comments: None. X PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None. X CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\Ocean One\ABAN 17-001 \COA post P&D.doc Page 571 of 675 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME APPLICANT: APPLICANT'S ADDRESS Ocean One (ABAN 17-001) Davis Camalier, Ocean One Boynton LLC 9816 S. Military Trail, Suite C2-3, Boynton Beach, FL 33436 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: April 4, 2017 APPROVAL SOUGHT: Request for abandonment of a portion of right-of-way of Boynton Beach Boulevard east of Federal Highway, and NE 6th Court between Boynton Beach Boulevard and Ocean Avenue, in conjunction with request for new site plan approval of the Ocean One mixed use project. LOCATION OF PROPERTY: 114 N. Federal Highway DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant _ HAS HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included." 4. The Applicant's request is hereby _ GRANTED subject to the conditions referenced in paragraph 3 above. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\Ocean One\ABAN 17-001\DO.doc Page 572 of 675 9.C. PUBLIC HEARING 3/21/2017 REQUESTED ACTION BY COMMISSION: Approve requests for a Community Design Appeal of 1) Chapter 3, Article III, Section 5.C., "Build -to -line", which requires buildings to be constructed with a build -to -line of 0 to 15 feet, to allow a setback of approximately 19 feet; and 2) Chapter 4, Article 111, Section 6.F., "Off -Street Parking Area Standards", which requires facades of parking garages that front on an arterial or collector roadway to be wrapped with habitable space. Applicant: Davis Camalier / Ocean One Boynton, LLC. THIS ITEM IS ADVERTISED FOR THIS MEETING BUT SHOULD BE TABLED TO APRIL 4, 2017 SO THAT FINAL ACTION OCCURS ON THE SAME DATE AS ACTION TAKEN ON THE CORRESPONDING REZONING AND ABANDONMENT ITEMS. EXPLANATION OF REQUEST: Bonnie Miskel, agent for Ocean One Boynton LLC, is requesting approval of two (2) Community Design Plan Appeals. The first appeal request is of Chapter 3, Article III, Section 5.C., "Build -to -line", which requires buildings to be constructed with a build -to -line of 0 to 15 feet, to allow a setback of 19 feet. This is a very minor deviation of the 15 feet allowed and provides for a more active pedestrian environment, permitting greater opportunities for larger planting areas to facilitate a grander planting scheme (allowing for the placement of large Medjool Date palms and 24 foot tall Oak trees), and creating a more prominent entry into the Marina District to the east. The second is of Chapter 4, Article III, Section 6.F., "Off -Street Parking Area Standards", which requires facades of parking garages that front on an arterial or collector roadway to be wrapped with habitable space. The applicant is proposing retail use for the ground level of the garage fronting Federal Highway, and continuing the residential facade across the front of the garage, to give the appearance of habitable space, with the windows on the second floor housing public art displays, and the windows on floors three (3) through six (6) housing light box displays. Staff has determined that the project meets the intent of the review criteria for Community Design Appeals in relation to 1) the relatively minor (4 foot deviation) in the build -to -line criteria; and 2) the facade of the garage (through the use of retail space on the ground floor, utilization of similar architectural features of the residential portion of the building on the remainder, and through the provision of art and lighted display boxes in the windows of the garage, above the retail space, facing Federal Highway). The Planning & Development Board reviewed these requests at the February 28, 2017 meeting and recommended approval. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: N/A ALTERNATIVES: None recommended. Page 573 of 675 STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: CLIMATE ACTION DISCUSSION: N/A Is this a grant? Grant Amount: ATTACHMENTS: Type D Staff Report D Location Map D Drawings D Letter D Letter D Conditions of Approval D Development Order REVIEWERS: Department Planning & Zoning Finance Legal City Manager Description Staff Report Exhibit A - Location Map Exhibit B - Architectural Plans Exhibit C1 -Applicant Justification (Build -to -line) Exhibit C2 - Applicant Justification (garage facade) Conditions of Approval Development Order Reviewer Action Date Rumpf, Michael Approved 3/9/2017 - 3:17 PM Howard, Tim Approved 3/9/2017 - 3:23 PM Swanson, Lynn Approved 3/9/2017 - 4:53 PM LaVerriere, Lori Approved 3/13/2017 - 9:58 AM Page 574 of 675 TO: Chair and Members Planning and Development Board and City Commissilxo, THRU: Michael W. Rumpf, Director of Planning& Zo..."7d FROM: Ed Breese, Principal Planner DATE: February 17, 2017 REQUEST: Approve requests for a Community Design Appeal of 1) Chapter 3, Article I 11, Section 5.C., "Build -to -line", which requires buildings to be constructed with a build -to -line of 0 to 15 feet, to allow a setback of approximately 19 feet; and 2) Chapter 4, Article III, Section 6.F., "Off -Street Parking Area Standards", which requires facades of parking garages that front on an arterial or collector roadway to be wrapped with habitable space. Applicant: Davis Camalier, Ocean One Boynton LLC Agent: Bonnie Miskel, Dunay, Miskel & Backman, LLP .ocation: 114 N. Federal Highway - SE corner of Federal Highway and Boynton Beach Boulevard (see Exhibit "A" - Site Location Map) Site Details: The applicant has submitted development applications for a Rezoning, New Site Plan, Community Design Plan Appeal and Abandonment for a mixed-use project known as Ocean One, which consists of 231 dwelling units within an eight (8) -story building, retail space, and associated recreational amenities and parking on 1.93 acres. The vacant site is proposed to be developed in two (2) phases, with Phase I being the subject • this review. approval of two (2) Community Design Plan Appeals. The first appeal request is of Chapter 3, Article III, Section 5.C., "Build -to -line", which requires buildings to be constructed with a build -to -line • 0 to 15 feet, to • a setback of 19 feet. The second is of Chapter 4, Article III, Section 61., "Off -Street Parking Area Standards", which requires facades of parking garages that front on an arterial •'f collector roadway to be wrapped with habitable space. The applicant is proposing the ground level of the garage fronting Federal Highway house retail space, and continuing the residential fagade across the front of the garage, to give the appearance of habitable space, with the windows on the second floor housing tm •• displays. Page 575 of 675 Staff Report — Ocean One (CDPA 17-001 & 17-002) Memorandum No PZ 17-006 Page 2 box displays. BACKGROUND AND ANALYSIS The first application submitted for Community Design Plan Appeal involves Land Development Regulations (LDR) Chapter 3, Article 111, Section 5.C., which requires buildings to be constructed along the roadway frontages with a build -to -line of 0 to 15 feet. Approval may be granted by staff of up to a 15 foot setback in order to 1) optimize landscape design; 2) maximize on-site drainage solutions; 3) accommodate architectural features and building enhancements; or 4) to otherwise enhance public spaces such as sidewalks, plazas, fountains, or outdoor seating area. There is only one side of the building (north) proposed to be located outside of the build -to -line (proposed at approximately 19 feet, or 4 feet in excess of that allowed), and accordingly, is the subject of this specific appeal request. The applicant has submitted a Justification Statement (Exhibit "C") date- stamped November 4, 2016 addressing each of the following review criteria for such applications: • a) Whether the proposed request will demonstrate consistency with the Comprehensive Plan; • b) Whether the proposed request will not significantly detract from the livability or appearance of the city and will be consistent with the established or desired character of the area, or with the redevelopment plan, where applicable; • c) On balance, whether the proposed request will be consistent with the purpose of the standard for which a deviation is requested. Granting the request will equally or better meet the purpose of the standard to be appealed; • d) Whether the proposed request is intended to save or preserve existing trees or desired flora; • e) Whether the proposed request will have adverse environmental impacts that cannot be prevented by the imposition of conditions; • f) Whether the proposed request will have an adverse impact on property values of abutting or adjacent land; • g) Whether the proposed request will seriously reduce the quality or quantity of light and air available to adjacent properties; • h) Whether the proposed request is necessary to further the objectives of the City to assist with economic development and business promotion; and • i) Whether the proposed request meets the purpose and intent of these regulations but conflicts with another site development standard or requirement, including sustainable development and green initiatives. The applicant is proposing a public plaza at the NW corner of the site, in which the building is setback approximately 45 feet, and which is consistent with the Community Redevelopment Agency (CRA) design guidelines, encouraging public spaces at focal points of downtown mixed use projects. However, further east along the north side of the property, the building setback varies from 15 feet measured from certain building columns, to nearly 19 feet. This is a very minor deviation of the 15 feet allowed and provides for a more active pedestrian environment, permitting greater opportunities for larger planting areas to facilitate a grander planting scheme (allowing for the placement of large Medjool Date palms Page 576 of 675 Staff Report — Ocean One (CDPA 17-001 & 17-002) Memorandum No PZ 17-006 Page 3 and 24 foot tall Oak trees), and creating a more prominent entry into the Marina District to the east. The second application submitted for Community Design Plan Appeal involves Land Development Regulations (LDR) Chapter 4, Article III, Section 6.F., "Off - Street Parking Area Standards", which requires facades of parking garages that front on an arterial or collector roadway to be wrapped with habitable space. Once again, the applicant has prepared responses to the review criteria (see Exhibit "C" - Justification Statement) and believes that the building as proposed will not significantly detract from the livability or appearance of the downtown and will be consistent with the desired character of the area and redevelopment plan. By providing the ground level retail space, the applicant believes an active pedestrian experience will be promoted, and since the balance of the garage fagade is designed utilizing similar architectural features of the residential units, it will be difficult to distinguish between habitable and uninhabitable space in the building. While staff believes the appearance between habitable and non -habitable space will be distinguishable, the architectural treatments are such that the residential building and garage blend well together as a cohesive structure, as opposed to two distinct buildings. Additionally, the fact that the applicant proposes to incorporate art and lighted display boxes in the windows of the garage, above the retail space facing Federal Highway, should add interest to the fagade, enhance the pedestrian experience, and further the artistic ambiance of the downtown. In conclusion, staff has determined that the project meets the intent of the review criteria for Community Design Appeals in relation to 1) the relatively minor (4 foot deviation) in the build -to -line criteria; and 2) the fagade of the garage (through the use of retail space on the ground floor, utilization of similar architectural features of the residential portion of the building on the remainder, and through the provision of art and lighted display boxes in the windows of the garage, above the retail space, facing Federal Highway), understanding the proposed design of the project is not inconsistent with the Comprehensive Plan, will not significantly detract from the livability or appearance of the City, should enhance the pedestrian experience downtown, will provide opportunity for planting of large Medjool Date palms and Oak trees, and should not have any adverse impact on property values of abutting or adjacent land. RECOMMENDATION Staff has reviewed these requests for Community Design Appeal approval. Based on the analysis contained herein, staff recommends approval contingent upon City Commission approval of the concurrent requests for Rezoning, New Site Plan, and Abandonment, and satisfying all comments indicated in Exhibit "D" — Conditions of Approval. Any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\Ocean One\CDPA 17-001 & 17-002\CDPA Staff Report.doc Page 577 of 675 SITE LOCATION MAP 20 40 80 120 160 Feet Source: Palm Beach County GIS Digital Data 2006-2015 " Copyright Palm Beach County Florida 2006-2015 All rights reserved - sage t7gAggrfe67t5 Ll PHASE -2 I PHASE -1 US HIGHWAY No.1 PHASE -2 I PHASE -1 g_ NE 6TH COURT e E COHEN • FREEDMAN • ENCINOSA & ASSOC. I Ocean One Architects, PA 114 N. 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The Project will help satisfy a community need and is compatible with surrounding residential and commercial development. In order to develop the Project, Petitioner is requesting a community design appeal as follows: Relief from Part 111, Chapter 3, Article 111, Section I.E. (Table 3-4) to a build -to -line in excess of nineteen (19) feet in lieu of zero feet required. In support of the community design appeal, Petitioner will demonstrate that the request meets the review criteria of Chapter 2, Article 11, Section 4.13.3 of the Land Development Regulations ("Code") as follows: (a) whether the proposed request is consistent with the Comprehensive Plan; (b) whether the proposed request will not significantly detract from the livability or appearance of the city and will be consistent with the established or desired character of the area, or with the redevelopment plan, where applicable; (c) on balance, the proposed request is consistent with the purpose of the standard for which a deviation is requested. Granting the request will equally or better meet the purpose of the standard to be appealed; (d) whether the proposed request is intended to save or preserve existing trees or desired flora (1) whether the applicant is unable to design or locate proposed buildings, structures, or improvements and preserve the tree(s) and comply with all provisions of these community design standards without causing the applicant undue hardship; and (2) whether it is not feasible to transplant the trees to another location on the subject site considering the following: 1) shape and dimensions of the real property; 2) location of existing structures and infrastructure improvements; and 3) size, age, health and species of trees sought to be protected; (e) whether the proposed request will have an adverse environmental impact that cannot be prevented by the imposition of conditions; (f) whether the proposed request will have an adverse impact on property values of abutting or adjacent land; (g) whether the proposed request will seriously reduce the quality or quantity of light and air available to adjacent properties; (h) whether the proposed request is necessary to further the objectives of the city to assist with economic development and business promotion; (i) whether the proposed request meets the purpose and intent of these regulations but conflicts with another site development standard or requirement, including sustainable development and green initiatives. (a) Whether the proposed request is consistent with the Comprehensive Plan. As noted above, the Property has a future land use designation of Mixed -Use Core. Per the City's Comprehensive Plan, the MX -C category is intended to provide for the vertical or horizontal mixing of land uses within a single site in order to allow for redevelopment in specific areas of the City that take maximum advantage of existing utility systems and services and promote compact development, safe and pedestrian friendly streets, and provide for transportation choices. The MX -C category east of 1-95 specifically provides for high density residential development far above the density permitted in the CBD zoning district. As such, the Project would allow for this higher -density residential development that was clearly contemplated in the City's Comprehensive Plan. The requested relief is required to provide a larger pedestrian promenade along East Boynton Beach Boulevard. East of Federal Highway, Boynton Beach Boulevard becomes a local road servicing only a handful of properties. As part of the Project, Petitioner Page 585 of 675 is requesting the abandonment of a portion of Boynton Beach Boulevard which will narrow the right-of- way and slow down vehicles traveling in the area. The Project further provides a more expansive pedestrian area along Boynton Beach Boulevard to create an active pedestrian environment that allows for greater interaction with the proposed commercial uses. The Project is further consistent with the goals, policies and objectives outlined in the City's Comprehensive Plan as follows: • Objective 1.3 — Future development and redevelopment within the City shall continue to be regulated through administration of Land Development Regulations and Community Redevelopment Plans — The Project is consistent with the CRA's Downtown Master Plan and the intended development on the Property. • Policy 1.1.3.d —The Project provides for the vertical mixing of land uses within a single site in order to allow for redevelopment that takes advantage of existing utility systems; and promotes compact development, safe and pedestrian -friendly streets and transportation choices — The requested relief will provide for a larger pedestrian promenade and a safer street with slower vehicular traffic. • Objective 1.7 —The City shall eliminate blighted residential neighborhoods and business districts through the adoption and implementation of Community Redevelopment Plans within commercial and residential Community Redevelopment Areas, including areas east of 1-95, notably the Federal Highway corridor — The Project proposes to transform a large vacant parcel along the Federal Highway corridor with a vibrant mixed-use project that will serve the community. • Policy 1.7.3 —The City shall require that designs for redevelopment and infill projects encourage use of public transit, pedestrian and bicycle travel as alternatives to the car and shall maximize personal safety — The Project provides for an infill mixed-use development that encourages pedestrian activity and use of alternate transportation options in the vicinity of the Property. • Policy 2.4.12 — The City shall provide a variety of transportation choices within the CRA by supporting the following design features for street — new continuous and permanent on -street parking; bus stops and transit enhancements; widening sidewalks... - The Project proposes wider sidewalks along Boynton Beach Boulevard to create a safe area for pedestrian activities. The Project also proposes on -street parking and an integrated bus stop. • Objective 2.12 — Promote a pedestrian environment by providing adequate facilities, such as wider sidewalks, buffer from travel lanes, etc. for pedestrians and bicyclists — Petitioner is seeking relief from the built -to -line in order to create a wider pedestrian area and promote a safe pedestrian environment. (b) Whether the proposed request will not significantly detract from the livability or appearance of the city and will be consistent with the established or desired character of the area, or with the redevelopment plan, where applicable. The proposed request will not significantly detract from the livability or appearance of the City. The build - to -line requirement is intended to create a more vibrant and pedestrian friendly downtown area where parking areas are setback and main buildings are pushed forward towards the Property line. The Code Page 586 of 675 provides for major variations to build -to -line requirements through the approval of a Community Design Appeal Applications where portions of buildings are proposed in excess of the distance specified in order to enhance public spaces such as sidewalks, plazas, fountains or outdoor seating areas. Petitioner is requesting relief from the build -to -line requirements in order to create wider sidewalks, plazas and outdoor seating areas to promote pedestrian activity along East Boynton Beach Boulevard. Further, the sidewalks will be buffered from the street through enhanced landscaping in order to create a true pedestrian feel along this frontage. Petitioner is proposing relief to allow the building in excess of nineteen feet from the ultimate property line in order to create such an environment. It is clear the variations noted in Chapter 3, Article III, Section 5.C.2. contemplates relief in such situations that enhance the public spaces. Further, the request is consistent with the desired character of the area and applicable redevelopment plan. As noted above, the Property is further located within the TOD District around the future transit station under the CRA's Downtown Master Plan. This particular district is intended to create a downtown core that builds momentum for other redevelopment, allowing for provisions today which will accomplish the long-term vision of the commuter rail transit station. This district creates transit -supportive densities within walking distance of the marina and the future transit station. Redevelopment of the Property with high density residential development and a ground -floor retail component coincides with the goal contemplated by the TOD district. Finally, the City's mixed-use urban zoning districts are intended to implement the community redevelopment plans by providing for a mixture of land uses, accommodating varying densities and intensities for each planning area and by establishing a compact urban setting. These districts area also intended to support transit ridership, and in particular the development of transit -oriented development near planned passenger train stations. The Property is within a special focus area, the DTODD Overlay district, as it is in close proximity to a planned station area. Specifically, the DTODD Overlay zone is intended to improve land development patterns around the future station of the planned commuter service and further enhance the vision embodied by the mixed-use zoning districts with increased density and intensity as well as a strong emphasis on interconnectivity throughout the area. Again, there is an emphasis of high density development for this overlay district which includes the Property. The Project will allow for the higher density development encouraged by such provisions in the City's Land Development Regulations. As such, the Project is consistent with the purpose and intent of the applicable Comprehensive Plan policies, redevelopment plans and land use regulations. (c) On balance, the proposed request is consistent with the purpose of the standard for which a deviation is requested. Granting the request will equally or better meet the purpose of the standard to be appealed. The request is consistent with the purpose of this provision. The build -to -line requirement is intended to create a more vibrant and pedestrian friendly downtown area where parking areas are setback and main buildings are pushed forward towards the Property line. The Code provides for major variations to build - to -line requirements through the approval of a Community Design Appeal Applications where portions of buildings are proposed in excess of the distance specified in order to enhance public spaces such as sidewalks, plazas, fountains or outdoor seating areas. Petitioner is requesting relief from the build -to - line requirements in order to create wider sidewalks, plazas and outdoor seating areas to promote pedestrian activity along East Boynton Beach Boulevard. Further, the sidewalks will be buffered from the Page 587 of 675 street through enhanced landscaping in order to create a true pedestrian feel along this frontage. Petitioner is proposing relief to allow the building in excess of nineteen feet from the ultimate property line in order to create such an environment. It is clear the variations noted in Chapter 3, Article III, Section 5.C.2. contemplates relief in such situations that enhance the public spaces. Further, the Project will redevelop this vacant lot with a luxury residential units that will serve the community. The proposed Project is compatible with development in the adjacent areas with high-density residential development to the north and east, as well as the commercial redevelopment in the area. Further, it provides access to adjacent municipalities because of its proximity to both the Federal Highway thoroughfare, 1-95 and the future transit station, making it an ideal location for residential development as individual can easily commute from home to work. (d) Whether the proposed request is intended to save or preserve existing trees or desired flora (1) whether the applicant is unable to design or locate proposed buildings, structures, or improvements and preserve the tree(s) and comply with all provisions of these community design standards without causing the applicant undue hardship, and (2) whether it is not feasible to transplant the trees to another location on the subject site considering the following: 1) shape and dimensions of the real property, 2) location of existing structures and infrastructure improvements, and 3) size, age, health and species of trees sought to be protected. The proposed relief will not have an impact on existing trees or desired flora. The Property currently has several street trees along the street frontages. Petitioner has hired an arborist and submitted an arborists report with the site plan application for the Project to determine whether any trees can be saved. Street trees will be provided along all street frontages as required by the City's Code. This specific request relates to habitable space along the upper levels of the garage and is required to provide a safe and functioning garage facility. As noted above, the garage has been designed to continue the appearance of the livable space in the associated residential building. As such, this criteria is not applicable to the Project. (e) Whether the proposed request will have an adverse environmental impact that cannot be prevented by the imposition of conditions. The proposed request will not have an adverse environmental impact. The proposed request will not significantly detract from the livability or appearance of the City. The build -to -line requirement is intended to create a more vibrant and pedestrian friendly downtown area where parking areas are setback and main buildings are pushed forward towards the Property line. The Code provides for major variations to build -to -line requirements through the approval of a Community Design Appeal Applications where portions of buildings are proposed in excess of the distance specified in order to enhance public spaces such as sidewalks, plazas, fountains or outdoor seating areas. Petitioner is requesting relief from the build -to -line requirements in order to create wider sidewalks, plazas and outdoor seating areas to promote pedestrian activity along East Boynton Beach Boulevard. Further, the sidewalks will be buffered from the street through enhanced landscaping in order to create a true pedestrian feel along this frontage. Petitioner is proposing relief to allow the building in excess of nineteen feet from the ultimate property Page 588 of 675 line in order to create such an environment. It is clear the variations noted in Chapter 3, Article III, Section 5.C.2. contemplates relief in such situations that enhance the public spaces. (f) Whether the proposed request will have an adverse impact on property values of abutting or adjacent land. The proposed request will not have an adverse impact on property values of abutting or adjacent land. The Property is currently vacant. The Project seeks to redevelop this vacant lot with a luxury residential units that will serve the community. The proposed Project is compatible with development in the adjacent areas with high-density residential development to the north and east, as well as the commercial redevelopment in the area. Further, it provides access to adjacent municipalities because of its proximity to both the Federal Highway thoroughfare, 1-95 and the future transit station, making it an ideal location for residential development as individual can easily commute from home to work. Further, this request will revitalize the Property with a Project that is consistent with the City's master plans. As noted above, the Property is further located within the TOD District around the future transit station under the City's CRA Downtown Master Plan. This particular district is intended to create a downtown core that builds momentum for other redevelopment, allowing for provisions today which will accomplish the long-term vision of the commuter rail transit station. This district creates transit -supportive densities within walking distance of the marina and the future transit station. Redevelopment of the Property with high density residential development and a ground -floor retail component coincides with the goal contemplated by the TOD district. The relief requested further allows for the enhancement of pedestrian sidewalks, plazas and outdoor seating areas that will create a quality development with the desired pedestrian activities along the ground levels. As such, this request will not have an adverse impact on property values. (g) Whether the proposed request will seriously reduce the quality or quantity of light and air available to adjacent properties. The request will not reduce the quality or quantity of light and air available to adjacent properties. Petitioner is requesting relief from the build -to -line requirements in order to create wider sidewalks, plazas and outdoor seating areas to promote pedestrian activity along East Boynton Beach Boulevard. Further, the sidewalks will be buffered from the street through enhanced landscaping in order to create a true pedestrian feel along this frontage. Petitioner is proposing relief to allow the building in excess of nineteen feet from the ultimate property line in order to create such an environment. As such, it will not impact the quality or quantity of light or air available to adjacent properties. (h) Whether the proposed request is necessary to further the objectives of the city to assist with economic development and business promotion. As noted above, the Property is further located within the TOD District around the future transit station under the City's CRA Downtown Master Plan. This particular district is intended to create a downtown core that builds momentum for other redevelopment, allowing for provisions today which will accomplish the long-term vision of the commuter rail transit station. This district creates transit -supportive densities Page 589 of 675 within walking distance of the marina and the future transit station. Redevelopment of the Property with high density residential development and a ground -floor retail component coincides with the goal contemplated by the TOD district. Petitioner is requesting relief from the build -to -line requirements in order to create wider sidewalks, plazas and outdoor seating areas to promote pedestrian activity along East Boynton Beach Boulevard and further these objectives. The sidewalks will be also buffered from the street through enhanced landscaping in order to create a true pedestrian feel along this frontage. Petitioner is proposing relief to allow the building in excess of nineteen feet from the ultimate property line in order to create such an environment. The TOD and this area of the City's Mixed Use Core includes both the CBD zoning district and many properties that have been rezoned to the MU -H district, as proposed by Petitioner. Specifically, the Project is consistent with the high densities of the Marina Village Condominium to the east of the Property and the Casa Costa project (f/k/a Promenade) to the north, which have been developed with high-density residential projects and with the property at the southwest corner of Federal Highway and Ocean Avenue which also allows residential densities of up to one hundred (100) dwelling units per acre. It is clear by the recent development in the area, as well as the CRA's Downtown Master Plan and the DTODD Overlay zoning district that high-density and mixed-use residential projects are desired for the Property as it is in close proximity to the marina and future transit station. The Project proposes a high-quality development that serves the redevelopment needs for this particular area of the City. The request is necessary to redevelop this vacant lot with the Project which contains luxury residential units that will serve the community. The proposed Project is compatible with development in the adjacent areas with high-density residential development to the north and east, as well as the commercial redevelopment in the area. Further, it provides access to adjacent municipalities because of its proximity to both the Federal Highway thoroughfare, 1-95 and the future transit station, making it an ideal location for residential development as individual can easily commute from home to work. The Project will help satisfy a community need and is compatible with surrounding residential and commercial development. As such, the request is consistent with this criteria. (i) Whether the proposed request meets the purpose and intent of these regulations but conflicts with another site development standard or requirement, including sustainable development and green initiatives. The build -to -line requirement is intended to create a more vibrant and pedestrian friendly downtown area where parking areas are setback and main buildings are pushed forward towards the Property line. The Code provides for major variations to build -to -line requirements through the approval of a Community Design Appeal Applications where portions of buildings are proposed in excess of the distance specified in order to enhance public spaces such as sidewalks, plazas, fountains or outdoor seating areas. Petitioner is requesting relief from the build -to -line requirements in order to create wider sidewalks, plazas and outdoor seating areas to promote pedestrian activity along East Boynton Beach Boulevard. Further, the sidewalks will be buffered from the street through enhanced landscaping in order to create a true pedestrian feel along this frontage. Petitioner is proposing relief to allow the building in excess of nineteen feet from the ultimate property line in order to create such an environment. As such, the relief requested complies with this criteria. Page 590 of 675 MISKEL C:AI y D,Inwa l h 0r,+ 0_`aIhE: as individual can easily commute from home to work. The Project will help satisfy a community need and is compatible with surrounding residential and commercial development. In order to develop the Project, Petitioner is requesting a community design appeal as follows: Relief from Part 111, Chapter 4, Article 111, Section VI.F.1.c. & d. to allow uninhabitable space along approximately one hundred ten (110) feet of garage area on the Federal Highway frontage for floors two (2) through seven (7) in lieu of habitable gross building area wrapped along entire garage as required. In support of the community design appeal, Petitioner will demonstrate that the request meets the review criteria of Chapter 2, Article 11, Section 4.B.3 of the Land Development Regulations ("Code") as follows: (a) whether the proposed request is consistent with the Comprehensive Plan; (b) whether the proposed request will not significantly detract from the livability or appearance of the city and will be consistent with the established or desired character of the area, or with the redevelopment plan, where applicable; (c) on balance, the proposed request is consistent with the purpose of the standard for which a deviation is requested. Granting the request will equally or better meet the purpose of the standard to be appealed; (d) whether the proposed request is intended to save or preserve existing trees or desired flora (1) whether the applicant is unable to design or locate proposed buildings, structures, or improvements and preserve the tree(s) and comply with all provisions of these community design standards without causing the applicant undue hardship; and (2) whether it is not feasible to transplant the trees to another location on the subject site considering the following: 1) shape and dimensions of the real property; 2) location of existing structures and infrastructure improvements; and 3) size, age, health and species of trees sought to be protected; (e) whether the proposed request will have an adverse environmental impact that cannot be prevented by the imposition of conditions; (f) whether the proposed request will have an adverse impact on property values of abutting or adjacent land; (g) whether the proposed request will seriously reduce the quality or quantity of light and air available to adjacent properties; (h) whether the proposed request is necessary to further the objectives of the city to assist with economic development and business promotion; (i) whether the proposed request meets the purpose and intent of these regulations but conflicts with another site development standard or requirement, including sustainable development and green initiatives. (a) Whether the proposed request is consistent with the Comprehensive Plan. As noted above, the Property has a future land use designation of Mixed -Use Core. Per the City's Comprehensive Plan, the MX -C category is intended to provide for the vertical or horizontal mixing of land uses within a single site in order to allow for redevelopment in specific areas of the City that take maximum advantage of existing utility systems and services and promote compact development, safe and pedestrian friendly streets, and provide for transportation choices. The MX -C category east of 1-95 specifically provides for high density residential development far above the density permitted in the CBD zoning district. As such, the Project would allow for this higher -density residential development that was clearly contemplated in the City's Comprehensive Plan. Page 592 of 675 The Project is further consistent with the goals, policies and objectives outlined in the City's Comprehensive Plan as follows: • Objective 1.3 — Future development and redevelopment within the City shall continue to be regulated through administration of Land Development Regulations and Community Redevelopment Plans — The Project is consistent with the CRA's Downtown Master Plan and the intended development on the Property. • Policy 1.1.3.d —The Project provides for the vertical mixing of land uses within a single site in order to allow for redevelopment that takes advantage of existing utility systems; and promotes compact development, safe and pedestrian -friendly streets and transportation choices — The requested relief will provide for a larger pedestrian promenade and a safer street with slower vehicular traffic. • Objective 1.7 —The City shall eliminate blighted residential neighborhoods and business districts through the adoption and implementation of Community Redevelopment Plans within commercial and residential Community Redevelopment Areas, including areas east of 1-95, notably the Federal Highway corridor — The Project proposes to transform a large vacant parcel along the Federal Highway corridor with a vibrant mixed-use project that will serve the community. • Policy 1.7.3 —The City shall require that designs for redevelopment and infill projects encourage use of public transit, pedestrian and bicycle travel as alternatives to the car and shall maximize personal safety — The Project provides for an infill mixed-use development that encourages pedestrian activity and use of alternate transportation options in the vicinity of the Property. • Policy 2.4.12 — The City shall provide a variety of transportation choices within the CRA by supporting the following design features for street — new continuous and permanent on -street parking; bus stops and transit enhancements; widening sidewalks... - The Project proposes wider sidewalks along Boynton Beach Boulevard to create a safe area for pedestrian activities. The Project also proposes on -street parking and an integrated bus stop. • Objective 2.12 — Promote a pedestrian environment by providing adequate facilities, such as wider sidewalks, buffer from travel lanes, etc. for pedestrians and bicyclists — Petitioner is seeking relief from the built -to -line in order to create a wider pedestrian area and promote a safe pedestrian environment. (b) Whether the proposed request will not significantly detract from the livability or appearance of the city and will be consistent with the established or desired character of the area, or with the redevelopment plan, where applicable. The proposed request will not significantly detract from the livability or appearance of the City. The City's Code requires that integrated parking garages within mixed-use developments provide habitable gross building area wrapped around the facility on all levels. The intent of this provision is to ensure there are active uses along pedestrian walkways and to create the feeling of a vibrant, dynamic building along visible thoroughfares. Petitioner has designed the Project to provide habitable space on the ground level along the entire Federal Highway frontage. By providing ground level retail along the garage, Petitioner is Page 593 of 675 creating an active pedestrian experience that will bring life to this corridor. On the upper levels of the garage, Petitioner is requesting relief to allow for uninhabitable space along the garage fagade fronting Federal Highway. The garage has been designed to continue the appearance of the residential units along this fagade to create the same feel of livable space. The garage area uses similar architectural features and designs which makes it difficult to distinguish the habitable space from the inhabitable space that is the garage. As such, the request will not detract from the appearance of the City. Further, the request is consistent with the desired character of the area and applicable redevelopment plan. As noted above, the Property is further located within the TOD District around the future transit station under the CRA's Downtown Master Plan. This particular district is intended to create a downtown core that builds momentum for other redevelopment, allowing for provisions today which will accomplish the long-term vision of the commuter rail transit station. This district creates transit -supportive densities within walking distance of the marina and the future transit station. Redevelopment of the Property with high density residential development and a ground -floor retail component coincides with the goal contemplated by the TOD district. Finally, the City's mixed-use urban zoning districts are intended to implement the community redevelopment plans by providing for a mixture of land uses, accommodating varying densities and intensities for each planning area and by establishing a compact urban setting. These districts area also intended to support transit ridership, and in particular the development of transit -oriented development near planned passenger train stations. The Property is within a special focus area, the DTODD Overlay district, as it is in close proximity to a planned station area. Specifically, the DTODD Overlay zone is intended to improve land development patterns around the future station of the planned commuter service and further enhance the vision embodied by the mixed-use zoning districts with increased density and intensity as well as a strong emphasis on interconnectivity throughout the area. Again, there is an emphasis of high density development for this overlay district which includes the Property. The Project will allow for the higher density development encouraged by such provisions in the City's Land Development Regulations. As such, the Project is consistent with the purpose and intent of the applicable Comprehensive Plan policies, redevelopment plans and land use regulations. (c) On balance, the proposed request is consistent with the purpose of the standard for which a deviation is requested. Granting the request will equally or better meet the purpose of the standard to be appealed. The request is consistent with the purpose of this provision. The addition of habitable space along Federal Highway would create a hazardous condition through the garage as ramps would be shorter and steeper in order to accommodate additional habitable areas. Rather, Petitioner is creating the same appearance of habitable space along the garage frontage by continuing the same architectural design elements along the garage fagade. Petitioner is meeting the purpose of this provision by creating the appearance of active uses along Federal Highway and producing a dynamic product which will revitalize the Property. Granting the request will better meet the purpose of this standard as it results in a safer and more functional garage that and a vibrant Project. The Project will further redevelop this vacant lot with a luxury residential units that will serve the community. The proposed Project is compatible with development in the adjacent areas with high-density residential development to the north and east, as well as the commercial redevelopment in the area. Page 594 of 675 Further, it provides access to adjacent municipalities because of its proximity to both the Federal Highway thoroughfare, 1-95 and the future transit station, making it an ideal location for residential development as individual can easily commute from home to work. (d) Whether the proposed request is intended to save or preserve existing trees or desired flora (1) whether the applicant is unable to design or locate proposed buildings, structures, or improvements and preserve the tree(s) and comply with all provisions of these community design standards without causing the applicant undue hardship, and (2) whether it is not feasible to transplant the trees to another location on the subject site considering the following: 1) shape and dimensions of the real property, 2) location of existing structures and infrastructure improvements, and 3) size, age, health and species of trees sought to be protected. The proposed relief will not have an impact on existing trees or desired flora. The Property currently has several street trees along the street frontages. Petitioner has hired an arborist and submitted an arborists report with the site plan application for the Project to determine whether any trees can be saved. Street trees will be provided along all street frontages as required by the City's Code. This specific request relates to habitable space along the upper levels of the garage and is required to provide a safe and functioning garage facility. As noted above, the garage has been designed to continue the appearance of the livable space in the associated residential building. As such, this criteria is not applicable to the Project. (e) Whether the proposed request will have an adverse environmental impact that cannot be prevented by the imposition of conditions. The proposed request will not have an adverse environmental impact. As noted in more detail above, this specific request relates to habitable space along the upper levels of the garage and is required to provide a safe and functioning garage facility. The garage has been also designed to continue the appearance of the livable space in the associated residential building. The Project will further redevelop this vacant lot with a luxury residential units that will serve the community. The proposed Project is compatible with development in the adjacent areas with high-density residential development to the north and east, as well as the commercial redevelopment in the area. Further, it provides access to adjacent municipalities because of its proximity to both the Federal Highway thoroughfare, 1-95 and the future transit station, making it an ideal location for residential development as individual can easily commute from home to work. As such, this request will not have an adverse environmental impact. (f) Whether the proposed request will have an adverse impact on property values of abutting or adjacent land. The proposed request will not have an adverse impact on property values of abutting or adjacent land. The Property is currently vacant. The Project seeks to redevelop this vacant lot with a luxury residential units that will serve the community. The proposed Project is compatible with development in the adjacent areas with high-density residential development to the north and east, as well as the commercial redevelopment in the area. Further, it provides access to adjacent municipalities because of its proximity Page 595 of 675 to both the Federal Highway thoroughfare, 1-95 and the future transit station, making it an ideal location for residential development as individual can easily commute from home to work. Further, this request will revitalize the Property with a Project that is consistent with the City's master plans. As noted above, the Property is further located within the TOD District around the future transit station under the City's CRA Downtown Master Plan. This particular district is intended to create a downtown core that builds momentum for other redevelopment, allowing for provisions today which will accomplish the long-term vision of the commuter rail transit station. This district creates transit -supportive densities within walking distance of the marina and the future transit station. Redevelopment of the Property with high density residential development and a ground -floor retail component coincides with the goal contemplated by the TOD district. As such, this request will not have an adverse impact on property values. (g) Whether the proposed request will seriously reduce the quality or quantity of light and air available to adjacent properties. The request will not reduce the quality or quantity of light and air available to adjacent properties. The request relates to an area internal to the garage on the upper levels. As noted in more detail above, this specific request relates to habitable space along the upper levels of the garage and is required to provide a safe and functioning garage facility. The garage has been also designed to continue the appearance of the livable space in the associated residential building. As such, it will not impact the quality or quantity of light or air available to adjacent properties. (h) Whether the proposed request is necessary to further the objectives of the city to assist with economic development and business promotion. As noted above, the Property is further located within the TOD District around the future transit station under the City's CRA Downtown Master Plan. This particular district is intended to create a downtown core that builds momentum for other redevelopment, allowing for provisions today which will accomplish the long-term vision of the commuter rail transit station. This district creates transit -supportive densities within walking distance of the marina and the future transit station. Redevelopment of the Property with high density residential development and a ground -floor retail component coincides with the goal contemplated by the TOD district. The TOD and this area of the City's Mixed Use Core includes both the CBD zoning district and many properties that have been rezoned to the MU -H district, as proposed by Petitioner. Specifically, the Project is consistent with the high densities of the Marina Village Condominium to the east of the Property and the Casa Costa project (f/k/a Promenade) to the north, which have been developed with high-density residential projects and with the property at the southwest corner of Federal Highway and Ocean Avenue which also allows residential densities of up to one hundred (100) dwelling units per acre. It is clear by the recent development in the area, as well as the CRA's Downtown Master Plan and the DTODD Overlay zoning district that high-density and mixed-use residential projects are desired for the Property as it is in close proximity to the marina and future transit station. The Project proposes a high-quality development that serves the redevelopment needs for this particular area of the City. Page 596 of 675 The request is necessary to redevelop this vacant lot with the Project which contains luxury residential units that will serve the community. The proposed Project is compatible with development in the adjacent areas with high-density residential development to the north and east, as well as the commercial redevelopment in the area. Further, it provides access to adjacent municipalities because of its proximity to both the Federal Highway thoroughfare, 1-95 and the future transit station, making it an ideal location for residential development as individual can easily commute from home to work. The Project will help satisfy a community need and is compatible with surrounding residential and commercial development. As such, the request is consistent with this criteria. (i) Whether the proposed request meets the purpose and intent of these regulations but conflicts with another site development standard or requirement, including sustainable development and green initiatives. The intent of this provision is to ensure there are active uses along pedestrian walkways and to create the feeling of a vibrant, dynamic building along visible thoroughfares. Petitioner has designed the Project to provide habitable space on the ground level along the entire Federal Highway frontage. By providing ground level retail along the garage, Petitioner is creating an active pedestrian experience that will bring life to this corridor. On the upper levels of the garage, Petitioner is requesting relief to allow for uninhabitable space along the garage fagade fronting Federal Highway. The garage has been designed to continue the appearance of the residential units along this fagade to create the same feel of livable space. The garage area uses similar architectural features and designs which makes it difficult to distinguish the habitable space from the inhabitable space that is the garage. The addition of habitable space along Federal Highway would create a hazardous condition through the garage as ramps would be shorter and steeper in order to accommodate additional habitable areas. Rather, Petitioner is creating the same appearance of habitable space along the garage frontage by continuing the same architectural design elements along the garage fagade. As such, the relief requested complies with this criteria. Page 597 of 675 EXHIBIT "D" CONDITIONS OF APPROVAL Project Name: Ocean One File number: CDPA 17-001 & 17-002 Reference: 5th review plans identified as a New Site Plan with a February 13, 2017 Planninq and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES Comments: None. X FIRE Comments: None. X POLICE Comments: None. X BUILDING DIVISION Comments: None. X PARKS AND RECREATION Comments: None. X PLANNING AND ZONING Comments: 1. Approval is subject to approval of the concurrent applications for Rezoning, New Site Plan and Abandonment. X COMMUNITY REDEVELOPMENT AGENCY Comments: None. X PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None. X Page 598 of 675 Ocean One (CDPA 17-001 & 17-002) Conditions of Approval Paae 2 of 2 DEPARTMENTS INCLUDE REJECT CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\Ocean One\CDPA 17-001 & 17-002\COA post P&D.doc Page 599 of 675 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Ocean One (CDPA 17-001 & 17-002) APPLICANT: Davis Camalier, Ocean One Boynton LLC APPLICANT'S ADDRESS: 9816 S. Military Trail, Suite C2-3, Boynton Beach, FL 33436 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: April 4, 2017 APPROVAL SOUGHT: Requests for a Community Design Appeal approval of 1) Chapter 3, Article III, Section 5.C., "Build -to -line", which requires buildings to be constructed with a build -to -line of 0 to 15 feet, to allow a setback of approximately 19 feet; and 2) Chapter 4, Article III, Section 6.F., "Off -Street Parking Area Standards", which requires facades of parking garages that front on an arterial or collector roadway to be wrapped with habitable space. LOCATION OF PROPERTY: 114 N. Federal Highway DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant _ HAS HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included." 4. The Applicant's request is hereby _ GRANTED subject to the conditions referenced in paragraph 3 above. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\Ocean One\CDPA 17-001 & 17-002\DO.doc Page 600 of 675 I PUBLIC HEARING 3/21/2017 REQUESTED ACTION BY COMMISSION: Approve request for a New Site Plan for multi -family residential (rental apartments) consisting of 231 dwelling units within an eight (8) -story building, retail space, and associated recreational amenities and parking on 1.93 acres. Property located at 114 N. Federal Highway. Applicant: Davis Camalier / Ocean One Boynton, LLC. THIS ITEM IS ADVERTISED FOR THIS MEETING BUT SHOULD BE TABLED TO APRIL 4, 2017 SO THAT FINAL ACTION OCCURS ON THE SAME DATE AS ACTION TAKEN ON THE CORRESPONDING REZONING AND ABANDONMENT ITEMS. EXPLANATION OF REQUEST: Ms. Bonnie Miskel, agent for Ocean One Boynton LLC, is requesting new site plan approval for Phase I of the project (north portion), which proposes 231 dwelling units within an eight (8) -story building, 8,575 square feet of commercial space, and associated recreational amenities and parking. The one (1) block site in the heart of downtown is currently vacant and was previously developed with a motel and bank. The Community Redevelopment Agency is the owner of the northerly portion of the Phase I site and has provided the applicant authorization to submit applications for development. When the applicant proposes to move forward with Phase II of the project (127 residential units, 120 hotel rooms and 3,500 square feet of retail), City Commission approval will be required for that site plan. Required off-street parking spaces for the project totals 413 and the site plan depicts 438 parking spaces, or an excess of 25 spaces. Proposed is a seven (7) -story parking garage that would accommodate up to 359 vehicles, a surface parking lot immediately south of the parking structure accommodating 40 parking spaces, five (5) parallel parking spaces on the south side of the service drive off of Federal Highway, and 34 spaces proposed on -street, around the perimeter of the site. Palm Beach County Traffic Division reviewed the applicant's traffic study and responded that the project is located within the boundaries of the City of Boynton Beach TCEA (Traffic Concurrency Exception Area) and therefore meets the Palm Beach County Traffic Performance Standards. The traffic study was performed for both phases, and indicates that the project would generate a total of 217 AM Peak Hour trips and 310 PM Peak Hour trips. The Planning & Development Board reviewed this request at their February 28, 2017 meeting and recommended approval, subject to the addition of 4 handicapped parking spaces either on -street or in the parking lot proposed south of Phase 1. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: Non -budgeted The revenues received from all construction permitting, business tax applications, and increased property valuation. ALTERNATIVES: None recommended. STRATEGIC PLAN: Page 601 of 675 STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Action Type D Staff Report D Location Map D Drawings D Drawings D Drawings D Drawings D Drawings D Conditions of Approval D Development Order REVIEWERS: Department Planning & Zoning Finance Legal City Manager Description Staff Report Exhibit A ® Location Map Exhibit B1 ® Survey Exhibit B2 ® Site & Civil Plans Exhibit B4 ® Landscape Plans Exhibit B5 ® Photometric Plan Exhibit B6 ® Photometric Plan Exhibit C ® Conditions of Approval Development Order Reviewer Action Date Rumpf, Michael Approved 3/13/2017 ® 11:18 AM Howard, Tim Approved 3/13/2017 ® 11:31 AM Swanson, Lynn Approved 3/13/2017 ® 11:42 AM LaVerriere, Lori Approved 3/17/2017 ® 9:56 AM Page 602 of 675 121 . [C -I TO: Chair and Members Planning and Development Board THRU: Michael W. Rumpf Vv Director of Planning and Zoning FROM: Ed Breese Principal Planner DATE: February 15, 2017 IIIIIIIII "Illillilll!!Illl IF III 1 0 _wEQUEST: New Site Plan approval for multi -family residential (rental apartments) consisting of 2331 dwelling units within an eight (8) -story building, retail space, and associated recreational amenities and parking on 1.93 acres. 5.111?31111 11 1 Applicant: Davis Camalier Agent: Bonnie Miskel, Dunay, Miskel & Backman, LLP Location: 114 N. Federal Highway - SE corner of Federal Highway and Boynton Beach Boulevard (see Exhibit "A" - Site Location Map) Lzsulum��* I Proposed Use: 231 dwelling units within an eight (8) -story building, retail space, and associated recreational amenities and parking. Acreage: 1.93 acres Page 603 of 675 Ocean One Staff Report (NWSP 16-002) Memorandum No PZ 17-005 Page 2 North: Right-of-way for Boynton Beach Boulevard and farther north is a developed mix use project (Casa Costa) zoned MU -H (Mixed Use -High); South: Vacant land designated as Phase II of the Ocean One project and farther south is right-of-way for Ocean Avenue; East: Right-of-way for NE 6th Court and father east are developed properties (First Financial Building) zoned CBD (Central Business District) and Marina Village zoned MU -H (Mixed Use -High); and West: Right-of-way for Federal Highway and farther west is developed commercial properties zoned CBD (Central Business District). To the southwest is the Ocean 500 project currently under construction and zoned MU -H (Mixed Use -High). PROPERTY OWNER NOTIFICATION Owners of properties within 400 feet of the subject request were mailed a notice of this request and its respective hearing dates. The applicant certifies that they posted signage and mailed notices in accordance with Ordinance No. 04-007. BACKGROUND Proposal: Ms. Bonnie Miskel, agent for Ocean One Boynton LLC, is requesting approval of several concurrent applications for the development of the Ocean One project. The first application is to rezone the property from CBD (Central Business District) to MU -H (Mixed Use -High), including a two-phase master plan that would allow the construction of a total of 358 multi -family residential units (rental apartments), a 120 -room hotel and 12,075 square feet of commercial space. The second application is for new site plan approval for Phase I of the project (north portion), which proposes 231 dwelling units within an eight (8) -story building, 8,575 square feet of commercial space, and associated recreational amenities and parking. The next two (2) applications are for community design appeal; one for the northernmost build -to -line deviation and the other for a deviation from the requirement to completely wrap the parking garage along Federal Highway with habitable space. Lastly, an application has been submitted for abandonment of a portion of Boynton Beach Boulevard, east of Federal Highway, and a ten (10) foot strip of NE 6th Court in exchange for a dedication of a ten (10) foot strip of the west side of the property to the Federal Highway right-of-way. The one (1) block site in the heart of downtown is currently vacant and was previously developed with a motel and bank. The Community Redevelopment Agency is the owner of the northerly portion of the Phase I site and has provided the applicant authorization to submit applications for Page 604 of 675 Ocean One Staff Report (NWSP 16-002) Memorandum No PZ 17-005 Page 3 development. Phase II of the master plan (the southern portion of the site) will be subject to separate site plan review. ANALYSIS Concurrency: Traffic: A traffic study was sent to the Palm Beach County Traffic Division for their review and information and they have responded that the project is located within the boundaries of the City of Boynton Beach TCEA (Traffic Concurrency Exception Area) and therefore meets the Palm Beach County Traffic Performance Standards. The traffic study was performed for both phases, and indicates that the project would generate a total of 217 AM Peak Hour trips and 310 PM Peak Hour trips. School: The School District of Palm Beach County has confirmed that area schools have adequate capacity to accommodate the potential public school students who will reside in the proposed dwelling units with their families. Utilities: The City's water capacity, as increased through the purchase of up to five (5) million gallons of potable water per day from Palm Beach County Utilities, would meet the projected potable water for this project. Sufficient sanitary sewer and wastewater treatment capacity is also currently available to serve the project. The applicant will be making several upgrades to utility lines in the vicinity of the project as part of the site development. Police/Fire: The Police Department has reviewed the site plan and all review comments have been acknowledged by the applicant and will be addressed at the time of permitting. The Fire Department notes that they will be able to provide an adequate level of service for this project with current or expected infrastructure and/or staffing levels. Further plan review by Police and Fire will occur during the building permit process. Drainage: Conceptual drainage information was provided for the City's review. The Engineering Division has found the conceptual information to be adequate and is recommending that the review of specific drainage solutions be deferred until time of permit review. The developer will be constructing in close proximity to the City's 72" RCP storm line, and will be required to inspect and video the line in advance and post construction (see Exhibit "C" — Conditions of Approval). Access: Three (3) points of ingress/egress are proposed for the project, one of which is located on Federal Highway, near the midpoint of the block. This right- in/right-out only driveway acts as a service drive, providing access to the surface parking lot to the south, the garage entrance to the north, and also through access to NE 6th Court. The second is located on NE 6th Court at the east terminus of the service drive noted above. The third driveway provides direct entry into the parking garage from NE 6th Court. Sidewalks are provided completely around the site, with the sidewalk Page 605 of 675 Ocean One Staff Report (NWSP 16-002) Memorandum No PZ 17-005 Page 4 proposed along NE 6th Court at a minimum of 7 feet in width and 10 feet in width along Ocean Avenue and Boynton Beach Boulevard. The sidewalk along Federal Highway is proposed at 19 feet in width, within which landscape planters would be spaced in rhythym along the front of the building. Segments of the sidewalk along Federal Highway will be covered by an arcade, with a minimum of 8 feet of clear/uninterupted walk underneath. There are also two (2) separate plazas proposed to encourage pedestrian interaction, with the first located at the NW corner of the site. A second plaza is proposed in Phase 11, at the SW corner of the block. Parking: Off-street parking for the MU -H zoning district requires 1.33 parking spaces for one -bedroom units and 1.66 parking spaces two (2) or more bedroom units. Phase I of the project proposes 231 units (a mixture of one and two, bedrooms), which would require 335 parking spaces. Additionally, the code requires the provision of guest parking at a rate of 0.15 spaces per unit, which adds another 35 parking spaces to the total. The commercial space, which would allow a mix of retail, office and restaurant uses, requires one (1) parking space per 200 square feet of gross floor area. The site plan proposes 8,575 square feet of retail, thereby requiring an additional 43 parking spaces. Under this standard methodology for calculating required off- street parking spaces, a grand total of 413 parking spaces would be required. The site plan proposes 438 parking spaces, or an excess of 25 spaces. Regular parking space dimensions would conform to code requirements for the CRA of 9 feet by 18 feet for 90 degree parking and 9 feet by 25 feet for parallel spaces. Handicap spaces would be dimensioned 12 feet wide by 18 feet in length. The applicant is proposing a seven (7) -story parking garage that would accommodate up to 359 vehicles. A resident gate would be placed at the top of the first floor ramp, with a turnaround space for non-residents. The developer will be required to comply with the City's residential parking requirements to ensure that the designated resident parking spaces are reserved for, and made available to the residents, so that there is no reason for residents to utilize guest and retail parking spaces. This requirement shall be monitored and enforced by the developer (see Exhibit "C" — Conditions of Approval). A surface parking lot is located immediately south of the parking structure and would accommodate 40 parking spaces. There are also five (5) parallel parking spaces on the south side of the service drive off of Federal Highway, and 34 spaces proposed on -street, around the perimeter of the site. Staff notes that the parking and any landscaping proposed in state rights-of-way is subject to FDOT approval (see Exhibit "C" — Conditions of Approval), and that the provision of on -street parking is strongly promoted by staff, which will support the applicant's efforts with FDOT. Lastly, as parking for Phase I of the project is depicted on the Phase II portion of the site, these parking improvements will need to be constructed as part of the Phase I project and a Unity of Title, Unity of Control or an alternative legal instrument acceptable to the City Attorney will be required to be executed prior to issuance of any permits (see Exhibit "C" — Conditions of Approval). Page 606 of 675 Ocean One Staff Report (NWSP 16-002) Memorandum No PZ 17-005 Page 5 Landscaping: The Plant List (Sheets 1-1.00 & 1-1.01) indicates that the project would add a total of 179 canopy and palm trees, 1,442 accent and shrub specimens, and 3,623 small shrubs/groundcover plants. All plant materials to be used in the landscape design are required to be Florida number one grade and must be identified as having "low" or "medium" watering needs in the South Florida Water Management's "Waterwise" publication. The proposed tree species would include the following: Oak, Gumbo Limbo, Silver Buttonwood and East Palatka Holly trees. Palm species would include Medjool Date, Montgomery, Thatch, and Sabal. Projects proposed in the Mixed Use High (MU -H) zoning district are subject to the "Streetscape Design" portion of the landscape code regulations. These code provisions recognize the desire for reduced building setbacks and encourage building placement abutting the street, thus creating an urban setting. The purpose of the "Streetscape Design" concept is to create a landscape design that encompasses both the private and public domain, to blend the two areas into one unified landscape scheme and pedestrian experience. This is accomplished through hardscape and landscape choices, covered walkways (arcades, awnings, tree canopy), and streetscape amenities (benches/seatwalls, lighting, accent plantings). The landscape design proposed by the applicant depicts the use of street trees and covered arcades to create the streetscape theme, with the lower landscape material placed at points along the building foundation and between the street and sidewalk, in an effort to provide maximum clear pedestrian pathways. The applicant has worked with staff to provide the street trees and covered walkways necessary to meet the required 50% shaded sidewalk along building frontages along arterial roadways. As noted on the drawings the landscaping of the south portion of the master plan site and along the rights-of-way will be accomplished as part of Phase I. Building and Site: The proposed master plan site area totals 3.58 acres, while the site area of Phase I is 1.93 acres, plus those components in Phase II to be completed in Phase 1. The dwelling units are located above the retail spaces fronting Federal Highway and Boynton Beach Boulevard, and wrapping the ground floor amenity deck, with the garage structure connected to the south end of the mixed use building. The retail portion of Phase I of the project totals 8,575 square feet and borders the public plaza at the NW corner of the site. The parking garage, as noted previously, has seven (7) levels of parking, with dedicated resident parking beginning on the second level, behind gate access and continuing to the top. Of the 231 residential units, 152 are studio or one (1) bedroom and 79 are two (2) bedroom units. The units range in size from a 560 square foot studio unit to a 1,600 square foot, 2 bedroom/2 bath unit. Each unit also has a balcony or terrace that either faces out towards the street or in towards the courtyard. Relative to the floor area ratio (FAR) regulations within the code, the Mixed Use High (MU -H) zoning district has a maximum FAR of 4.0. The project is Page 607 of 675 Ocean One Staff Report (NWSP 16-002) Memorandum No PZ 17-005 Page 6 also located within the "Transit Core" (1/4 mile radius of the station), which requires that new development have a minimum density of 40 dwelling units per acre and maximum of 100 dwelling units per acre (116.7 du/ac proposed) and a minumum FAR of 2.0 (3.26 proposed). As the density proposed in Phase I of the project relies upon the entire master plan site in order to comply with the maximum density regulations, staff once again notes the condition of approval requiring the applicant to record a Unity of Title, Unity of Control or an alternate legal instrument acceptable to the City Attorney prior to issuance of any permits (see Exhibit "C" — Conditions of Approval). Phase 11 of the project proposes 127 dwelling units, in order to comply with the maximum 100 dwelling units per acre for the entire site (358 units on 3.58 acres). As noted earlier, the applicant is requesting the abandonment of a portion of the right-of-way of Boynton Beach Boulevard east of Federal Highway (ABAN 17-001). The area of request currently includes the pavered and landscaped sidewalk and right turn lane onto NE 6th Court. Projected traffic volumes indicate the lane is not warranted, and therefore unnecessary. The applicant will be providing the City a sidewalk easement to compensate the loss of the existing improvements, and create an even more enhanced pedestrian environment. Additionally, the request includes the abandonment of the west 10 feet of NE 6th Court, to compensate for the 10 feet of the applicant's property to be dedicated from the west side of the project to the Florida Department of Transportation to expand the Federal Highway right- of-way. This is intended to facilitate the provision of on -street parking as requested by the City. Staff is recommending approval of the applications as being in the City's best interest. Building Height: The maximum building height allowed in the Mixed Use High (MU -H) zoning district is 150 feet. The proposed building elevations depict the typical roof deck height of the residential building at 85.5 feet, with typical parapet walls at approximately 90 feet. Tower elements/architectural treatments would extend up to 110 feet, 40 feet below the maximum allowable height allowed in the MU -H and comparable with previously approved projects in the immediate vicinity. The Casa Costa project to the north has a roof deck at 142 feet, and roof elements extending to 167 feet in height, through approval of a height exception. The Marina Village project to the east has a roof deck at 144 feet, and roof elements extending to 168 feet in height, also acheived through approval of a height exception. The 500 Ocean Project to the southwest of the site was approved with a roof deck at 59 feet and tower elements reaching 75 feet in height. The garage structure for Ocean One is depicted with staggered and repeating parapet wall heights varying between 67 feet and 71.5 feet Setbacks: The MU -H zoning district requires no building setbacks, but rather a zero (0) build -to line. However, the building setbacks may be increased up to 15 feet administratively, without benefit of a community design appeal, in areas where the intent is to 1) enhance public spaces such as sidewalks, plazas, fountains, or outdoor seating areas; 2) optimize landscape design; 3) maximize on-site drainage solutions; and/or 4) accommodate architectural Page 608 of 675 Ocean One Staff Report (NWSP 16-002) Memorandum No PZ 17-005 Page 7 features and building enhancements. This requirement would apply to all building facades fronting on a street. The building setback is measured from the property line to the exterior surface of the building or supporting columns. Along Federal Highway, the proposed building setback along the length of the building, with the 8 foot wide arcade, is between zero and one foot to the arcade columns, and 10 feet in front of the garage, south of the arcade. Along NE 6th Court, the building and balcony/terraces range in setback from 3.1 feet to nearly 10.2 feet. The south side of the project is 266 feet from Ocean Avenue; however, the proposed Phase II buildings are intended to meet the build -to line, with the exception of a grand landscaped courtyard designed in the center. Finally, along the north property line abutting Boynton Beach Boulevard, the setback varies from 15 feet to certain building columns, to nearly 19 feet, and nearly 45 feet at the plaza. This side of the building exceeds the allowable build -to requirement, necessitating community design appeal approval, which the applicant submitted for review (CDPA 17-002). The greater setback has allowed for a more active pedestrian environment, greater opportunities for larger planting areas to facilitate a grander planting scheme (allowing for the placement of large Medjool Date palms and 24 foot tall Oak trees), and creating a more prominent entry into the Marina District. A thorough review of the setbacks and site design was conducted by staff, who concluded that the benefits associated with the larger setback outweigh the requirement for the building to be placed closer to the right-of-way. Amenities: As noted above, the master plan depicts the inclusion of two (2) plazas along Federal Highway, located at the NW and SW corners of the site. The Phase I plaza is located at NW the corner (Federal Highway & Boynton Beach Boulevard) and is 2,122 square feet, providing for a nice focal point for the project and enhanced entrance to the Marina District. The project has also been designed with a large interior pool courtyard for resident use, containing the community pool, spa, summer kitchen/grill stations, outdoor dining areas, fountain wall and lush tropical landscaping. The amenities located within the building include a clubhouse with three (3) club rooms, large screen TV's, business center, concierge service and interior bike storage. A separate health club is proposed fronting on Federal Highway. The developer will also be working with Palm Tran of Palm Beach County to relocate and create a new transit shelter, designed utilizing some of the architectural characteristics of the mixed use project. Design: The proposed building has a contemporary design, featuring a smooth stucco finish, parapet roof with tower features, decorative cornices and banding, modulation of the facades, balconies with decorative aluminum railings, building score lines, stone veneers and trims, fabric awnings, decorative grilles, arcades, and an earthtone color palette. Lighting: The photometric plans (Sheets PH -1 & PH -2) include 35 freestanding pole light fixtures, all of which would be 21.5 feet in height, with the light fixture at 18 feet, and designed to match the poles and light fixture design the City has already adopted along the Casa Costa, 500 Ocean and Boynton Promenade projects. The poles and fixtures would be constructed of cast aluminum, Page 609 of 675 Ocean One Staff Report (NWSP 16-002) Memorandum No PZ 17-005 Page 8 black in color and the light fixtures would have a flat lens to ensure the on- site illumination would not "spill over" onto adjacent properties and rights-of- way as required by code. There are no spot readings in excess of the maximum 5.9 foot-candles allowed. Signage: Site and building signage has not been finalized and a Sign Program will need to be approved for the site prior to requesting any sign permits for the site (see Exhibit "C" — Conditions of Approval). Public Art: The project is subject to the Art in Public Places requirement, and the applicant has been in discussions with the Public Arts Administrator regarding the art and its placement. The proposed location is the west building elevation along Federal Highway. According to the proposed construction estimates, the project would have an art budget of approximately $283,500. RECOMMENDATION Staff has reviewed this request for a new site plan and recommends APPROVAL, subject to approval of the accompanying applications and satisfying all comments indicated in Exhibit "C" — Conditions of Approval. Any additional conditions recommended by the Board or required by the City Commission shall be documented accordingly in the Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\Ocean One\NWSP 16-002\Staff Report.doc Page 610 of 675 SITE LOCATION MAP 20 40 80 120 160 Feet Source: Palm Beach County GIS Digital Data 2006-2015 " Copyright Palm Beach County Florida 2006-2015 All rights reserved - sage tyTAggrfe67t5 En �a�an ¢o - oz� �m'�mzw�e4a ao~amo - - - wga Ka ao UFim 000Q w w wQz wQzo woj ... .... ..... ..... g"1}a3Z oww o v w Z v d_ �;; � N BOYNTON BEACH BOULEVARD r �I y 5 u4c s c iov a>- s d _ a5-S.wq" 6 -- ` ° 9i az zsc R-20 00 ry D 91 18 38 IrswS LOT 14L "AGREEMENT PLAT °`02(P.B. 10, PG. ___ ! FUNK BROS. 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DEPARTMENTS I INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES Comments: 1. Please note if triggered in the pending FDOT pre -application letter, a 12 foot wide right turn lane with appropriate storage and X transition shall be provided on Federal Highway. If the turn lane is not required, a 30 foot turning radius shall be provided in the permitting phase. 2. Proposed bus shelter/stop location is contingent upon Palm Tran X approval. Please coordinate with Palm Tran. 3. At time of permit submittal, please demonstrate compliance with X ADA requirements for H/C parallel parking space along Federal Highway. 4. Developer will be responsible for replacement of existing FPL Street lighting adjacent to site with underground decorative street X lighting to match existing poles and fixtures adjacent to property at Boynton Beach Boulevard. 5. At time of permit submittal, please demonstrate sight lines meet FDOT Standard Index 546 for the sight triangles along Federal X Highway. 6. Please note that the City will require the 72" RCP storm line to be inspected via diver (pre and post construction) at the applicant's cost. Dive shall be video recorded and findings presented in a X report. 7. At time of building permit submittal, please provide specific details on how the footer will be built to prevent damaging the City's 72" X RCP storm pipe. 8. Please provide a proposed addressing plan. Addressing plan indicating all possible addresses for site, including all commercial X spaces and units is required, prior to submittal of building permits. Page 625 of 675 Ocean One (NWSP 16-002) Conditions of Approval Paae 2 of 4 DEPARTMENTS I INCLUDE REJECT 9. Where public sidewalk is provided on private property, a 5 foot wide or larger easement will be required to be dedicated to the City prior to issuance of any permits. Indicate location of all public X access easements and on all cross sections. 10. Any public drainage system that crosses on to private property will X require a drainage easement. 11. Any existing easements, but specifically FPL, located on the property not proposed to be retained, will have to be vacated prior X to permit issuance for building. 12. The existing 6 -inch AC pipe along U.S.1 will be removed; therefore, the proposed fire hydrant cannot be connected to that line, as depicted. Per our last meeting on October 12, 2016, the following alternatives were proposed by the Utility Director: X a. Remove and replace the existing line, and connect the hydrant to the new line, or b. Extend the water main from the fire hydrant on SW corner of the property to the U.S. 1 entrance, and connect the proposed fire hydrant. 13. The Developer shall, upon completion of the site improvements, install a %" course of Type S -III asphalt on Boynton Beach Boulevard, from Federal Highway's eastern edge of pavement to the concrete header curb forming the paver crosswalk at NE 6th X Court. This requirement serves to overlay the existing road and conceal the road repairs resulting from the Developer's connecting with utilities under the paved road. 14. Each restaurant shall have its own grease trap. X 15. At time of permit submittal, please provide an additional utility X sheet that only shows site plan and proposed work. FIRE Comments: All previous comments addressed at DART meeting. X POLICE Comments: All previous comments addressed at DART meeting. X BUILDING Comments: All previous comments addressed at DART meeting. X Page 626 of 675 Ocean One (NWSP 16-002) Conditions of Approval Paae 3 of 4 DEPARTMENTS I INCLUDE REJECT PARKS AND RECREATION Comments: 16. Per City Ordinance, the Park Impact Fee is based upon a factor of $595 per unit for multi -family dwellings. Based upon the proposed 231 units in Phase I, the fee will be $137,445 (231 X $595). The X fees associated with Phase II will be determined at time of site plan submittal for that portion of the site. PLANNING AND ZONING Comments: 17. It is the applicant's responsibility to ensure that the application requests are publicly advertised in accordance with Ordinance 04- 007 and Ordinance 05-004 and an affidavit provided to the City X Clerk and Planning & Zoning. 18. The garage shall be lined with commercial spaces on Federal Highway and wrapped on upper floors by habitable space anywhere the project has frontage on a public street per the LDR, Chapter 4, Article 3, Section 6.F.2.d., or an application for X Community Design Plan Appeal must be approved as part of the project approval. 19. On Sheet C4.00 and the Master Plan, the building setback from the north property line appears to be approximately 19 feet. The build -to line required for Mixed Use High zoning is zero (0) feet, with an allowance of up to 15 feet for various design X considerations. An application for Community Design Plan Appeal must be approved as part of the project approval in order to deviate from this design detail. 20. With the provision of the turnaround space at the gate in the parking garage, one parking space was lost, reducing the parking on that level from 55 to 54, total garage parking from 360 to 359 X spaces, and reducing the excess parking to 25 spaces. At time of permitting, please revise all sheets to correspond accordingly. 21. Since Phase 1 of the project relies upon the entire site to meet the density and parking requirements, a Unity of Title, Unity of Control, or an alternate legal instrument acceptable to the City Attorney will X be required for the entire site prior to the issuance of any permits. 22. At time of permit submittal, please provide a narrative explaining how parking will be monitored to ensure residents are not parking X in guest and retail parking spaces. Page 627 of 675 Ocean One (NWSP 16-002) Conditions of Approval Paae 4 of 4 DEPARTMENTS I INCLUDE REJECT 23. Please know that on -street parking is supported by this Division, and that parking and any landscaping proposed in the Federal Highway right-of-way is subject to FDOT approval. Should any X changes result from FDOT permitting in the design or number of parking spaces, the site plan will be required to be modified accordingly. 24. Clearly depict any proposed sign band where signage will be allowed on the building. As depicted, the sign locations do not X appear to meet code. A subsequent site plan modification may be necessary for facade changes to accommodate tenant signage. 25. A Sign Program will be required for building identification and X tenants. 26. Any review and approval of the project is subject to approval of the X concurrent right-of-way abandonment request. COMMUNITY REDEVELOPMENT AGENCY Comments: 27. Please ensure a well-designed parking sign plan is in place to X direct the public to parking entry. PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 28. Applicant shall convert four (4) regular parking spaces within the exterior parking (either on -street or in the surface lot) to handicap, update all affected drawings and parking counts (if changed as a X result of the conversion to handicap spaces). CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\Ocean One\NWSP 16-002\COA post P&D.doc Page 628 of 675 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME APPLICANT: APPLICANT'S ADDRESS Ocean One (NWSP 16-002) Davis Camalier, Ocean One Boynton LLC 9816 S. Military Trail, Suite C2-3, Boynton Beach, FL 33436 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: April 4, 2017 APPROVAL SOUGHT: Request for New Site Plan approval for multi -family residential (rental apartments) consisting of 231 dwelling units within an eight (8) -story building, retail space, and associated recreational amenities and parking on 1.93 acres. LOCATION OF PROPERTY: 114 N. Federal Highway DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant _ HAS HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included." 4. The Applicant's request is hereby _ GRANTED subject to the conditions referenced in paragraph 3 above. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\Ocean One\NWSP 16-002\DO.doc Page 629 of 675 10.A. CITY MANAGER'S REPORT 3/21/2017 REQUESTED ACTION BY COMMISSION: Discuss Budget Workshop times for July 17-19,2017. EXPLANATION OF REQUEST: Our FY 2017/2018 Budget process is underway. Proposed Budget Workshops are scheduled to be held July 17-19, 2017 at the Library Program Room. Typically the Commission staggers the starting times to accommodate the public's attendance at these workshops. The Commission adopts a Preliminary Fire Assessment Resolution and a Tentative Millage Rate Resolution at these workshops. Based on past Workshops times, staff is asking the Commission to consider the following times: Monday, July 17, 2017: 2:00 p.m. Tuesday, July 18, 2017: 10:00 a.m. Wednesday, July 19, 2017: 2:00 p.m. As a reminder Tuesday, July 18, 2017 is a Commission Meeting night HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 630 of 675 REVIEWERS: Department Finance Finance City Manager Reviewer Action Howard, Tim Approved Howard, Tim Approved LaVerriere, Lori Approved Date 3/8/2017 ® 10:18 AM 3/8/2017 ® 10:37 AM 3/13/2017 ® 10:04 AM Page 631 of 675 11.A. UNFINISHED BUSINESS 3/21/2017 REQUESTED ACTION BY COMMISSION: Consider additional research conducted by staff and provide direction relative to the addition of zoning regulations that would allow medical offices as accessory uses to a residential development. EXPLANATION OF REQUEST: At the February 7th meeting the City Commission considered staffs initial feedback relative to the potential for amendments to the zoning regulations that would allow medical clinics as accessory to a residential development. It is staffs understanding that the intent of this request is to allow a medical clinic within a residential development (i.e. Planned Unit Development), and that the services of said clinic would not be open to the general public. The City's LDR defines "Accessory Use" as "A use that is customarily incidental to a principal use. Accessory uses unless otherwise provided shall be located on the same premises as the principal use. " After a brief discussion at the February 7th meeting, the Commission directed staff to research other Cities for similar zoning provisions. Staff contacted many cities in Broward, Dade and Palm Beach Counties to find that out of 33 cities surveyed, only 3 cities allow medical clinics within a residential development. While most cities permit such medical uses within commercial -designated portions of a planned residential development, they did not accommodate clinics within strictly residential developments. Those few cities with such provisions include the Cities of Riviera Beach, Margate, and Sunrise. As indicated in the February 7th agenda item, in order to preserve the residential environment, and maintain the integrity of the City's Zoning Regulations, staff would emphasize development standards that limit eligible zoning districts, locations, maximize size, signage and types of services provided. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT. Non -budgeted N/A ALTERNATIVES: None recommended STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Page 632 of 675 Is this a grant? No Grant Amount: REVIEWERS: Department Planning & Zoning Finance EBB= Reviewer Action Rumpf, Michael Approved Howard, Tim Approved LaVerriere, Lori Approved Date 2/22/2017 ® 5:14 PM Page 633 of 675 12.A. NEW BUSINESS 3/21/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 3/21/2017 REQUESTED ACTION BY COMMISSION: Authorize reimbursement of $50,000 general fund dollars to U.S. Department of Housing and Urban Development in assocation with Commuity Development Block Grant Activities as a result of 2011 HUD audit. EXPLANATION OF REQUEST: On July 2nd, 2002 the City Commission authorized the City Manager to submit an Economic Development Set -Aside application to Palm Beach County Housing and Community Development and appropriate $50,000 from the Economic Development Incentive Fund on behalf of United Forward Inc. & OF Fluid Systems Inc. At that time Palm Beach County Housing and Community Development solicited local governments located in eligible areas to submit grant applications from the business community in an effort to assist in the stimulating of economic growth and increase business opportunities. The purpose of the set-aside was to provide grant funding to eligible applicants to create or retain jobs for low and moderate income persons. Funding would be matched on a dollar for dollar basis by Palm Beach County. On December 2nd, 2003 the City Commission approved Resolution R03-185 authorizing and directing the City Manager to execute an agreement between the City of Boynton Beach and United Forward, Inc. & OF Fluid Systems, Inc. for the use and benefit of its Community Development Block Grant (CDBG) Program. The funds allocated by the City and County were used to purchase equipment for use in the Company's manufacturing facility located at 4020 Thor Drive, Boynton Beach, Florida. As part of the agreement United Forward, Inc. and OF Fluid Systems, Inc. were to provide 3.33 jobs on a full-time equivalent basis for a period of three (3) years. United Forward, Inc. was created in 1996 and was administratively dissolved on 9/16/05 and OF Fluid Systems, Inc. was created in 2001 and was administratively dissolved on 10/01/04. Although there is no stated reason as to why the companies closed there were several lawsuits and ultimately judgments issued against the companies and owners awarded from 2004 to 2008. In October 2011 as result of an audit by U.S. Department of Housing and Urban Development (HUD) the City was notified that funds for several open activities had been drawn down, but have not met the national objective, "Housing and Job Creation". In December 2013 the City was again notified by HUD that funds for several open activities had been drawn down, but did not meet the national objective. Since 2013 the City has diligently worked with HUD to close out open activities, of which the City has successful closed out $492,100 dollars of the $542,100 dollars through the completion of the model block strategic plan initiative. These effort were confirmed in an email from HUD that only one open activity #103, United Forward, Inc. and OF Fluid Systems, Inc. remains. Unfortunately, due to the closure of United Forward, Inc. and OF Fluid Systems, Inc. the City and County were unable to fulfill the national objective of creating the 3.3 full time equivalent jobs. As a result the City is obligated to reimburse HUD $50,000 dollars expended from the CDBG fund in connection with PBC set aside grant issued to United Forward, Inc. and OF Fluid Systems, Inc. Although the funds are to be reimbursed, the City will have use of the funds for future CDBG activities. Page 634 of 675 HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? None FISCAL IMPACT. Non -budgeted As a result the City is obligated to reimburse HUD $50,000 dollars expended from the CDBG fund in connection with United Forward, Inc. and OF Fluid Systems, Inc. Although the funds are to be reimbursed, the City will have use of the funds for future CDBG activities. Funds to paid from account 001-2419-559-99-02 ALTERNATIVES: None STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type D Resolution D Attachment D Attachment D Attachment REVIEWERS: Department Development Finance Legal City Manager Reviewer Mack, Andre Howard, Tim Swanson L n Description Resolution R03-185 HUD Letter - 10-11-11 HUD Letter - 12-17-13 HUD Letter - 12-18-14 Date 3/8/2017 - 8:53 AM 3/8/2017 - 2:09 PM 3/9/2017 - 9:44 AM 3/13/2017 - 9:57 AM Page 635 of 675 RESOLUTION R03- 185" A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA, FOR THE USE AND BENEFIT OF ITS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND UNITED FORWARD, INC., AND OF FLUID SYSTEMS, INC.; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach has entered into an agreement with United States Department of Housing and urban Development for a grant for the ecution and implementation of a Community Development Block Grant Program certain areas of the City of Boynton Beach, pursuant to Title I of the Housing and Development Act of 1974, (as amended); and WHEREAS, the City of Boynton Beach, in accordance with the Annual lidated Plan, and United Forward, Inc.,, & OF Fluid Systems, Inc desire to the activities specified in Part II of this Agreement; and; WHEREAS, the City of Boynton Beach desires to engage United Forward, , & OF Fluid Systems, Inc., to implement such undertakings of the Community Block Grant Program, NOW, THEREFORE, BE IT RESOLVED BY THE CITY MMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida hereby authorize and direct the City Manager to execute an Agreement en the City of Boynton Beach, Florida and United Forward, Inc., and OF Fluid ns, Inc., a copy of said Agreement being attached hereto as Exhibit "A". :\CA\RESO\CDBG - United Forward Agr 112503.doc I Page 636 of 67 Section 2. This Resolution will become effective immediately upon )assage. PASSED AND ADOPTED this I day of December, 2003. T: i _ _ n Clerk e%tpYNTO*49 INCORPORATED = 1920 CITY OF BOYNTON BEACH, FLORIDA .APESO\CDBG - United Forward Agr 112503.doc2 Page 637 of 6751 Rd3 r 85 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND UNITED FORWARD, INC. & OF FLUID SYSTEMS, INC. THIS AGREEMENT, entered into this 2 day of'DtC,eM 6c 20_OA, by and between THE CITY OF BOYNTON BEACH, a political subdivision of the State of Florida, for the use and benefit of its Community Development Block Grant Program, and United Forward, Inc. & OF Fluid Systems, Inc.,, a corporation duly organized and authorized to do business in the State of Florida, having its principal office at 301 Yamato Road, Suite 2121, Boca Raton, Florida 33431, and its Federal Tax Identification Number as 65-0711988, hereinafter referred to as the "Company". WHEREAS, the City of Boynton Beach has entered into an Agreement with the United States Department of Housing and Urban Development for a grant for the execution and implementation of a Community Development Block Grant Program in certain areas of the City of Boynton Beach, pursuant to Title I of the Housing and Community Development Act of 1974 (as amended); and WHEREAS, the City of Boynton Beach, in accordance with the Annual Consolidated Plan, and United Forward, Inc. & OF Fluid Systems, Inc. desire to provide the activities specified in Part II of this Agreement; and WHEREAS, the City of Boynton Beach desires to engage United Forward, Inc. & OF Fluid Systems, Inc. to implement such undertakings of the Community Development Block Grant Program. NOW, THEREFORE, in consideration of the mutual premises and covenants herein contained, it is agreed as follows: PART DEFINITION AND PURPOSE 1. DEFINITIONS 1) "City" means City of Boynton Beach. 2) "CDBG" means the Community Development Block Grant Program of the City of Boynton Beach. 3) "CID" means City of Boynton Beach Community Improvement Division. 4) "Company" means United Forward, Inc. & OF Fluid Systems, Inc. 5) "CID Approval' means the written approval of the Director of Development or his designee. 6) "U.S. HUD" means the Secretary of the U.S. Department of Housing and Urban Development or a person authorized to act on its behalf. 7) "Low and moderate income persons" means the definition set by U.S. HUD. 8) "Held by or made available to" means the definition set by US HUD. 2. PURPOSE The purpose of this Agreement is to state the covenants and conditions under which the Company will implement the Scope of Services set forth in Part II of this Agreement. At least 51 percent (51 %) of the jobs created/retained through this Agreement must be held by, or made available to, low- and moderate -income persons. PART II SCOPE OF SERVICES The Company shall, in a satisfactory and proper manner as determined by CID, perform the tasks outlined in Exhibit "A" and submit invoices using the cover sheet in Exhibit "B", both of which are attached hereto and made a part hereof. Page 638 of 675 PART III COMPENSATION, TIME OF PERFORMANCE, METHOD AND CONDITIONS OF PAYMENT MAXIMUM COMPENSATION The Company agrees to accept as full payment for services rendered pursuant to this Agreement the actual amount of budgeted, eligible, and CID approved expenditures and encumbrances made by the Company under this Agreement. Said services shall be performed in a manner satisfactory to CID. In no event shall the total compensation or reimbursement to be paid hereunder exceed the maximum and total authorized sum of $50,000 for the period of December 02, 2003, through and including November 30, 2004. Any funds not obligated by the expiration date of this Agreement automatically revert to the City. Further budget changes within the designated Agreement amount can be approved in writing by the Director of Development at his discretion up to ten percent (10%) on a cumulative basis of the Agreement amount during the Agreement period. Such requests for changes must be made in writing by the Agency to the CID. Budget changes in excess of ten percent (10%) must be approved by the Commission of the City Of Boynton Beach. TIME OF PERFORMANCE The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this project under grant number B -01 -MC- 12-0043. The effective date shall be the date of execution of this Agreement, and the services of the Company shall be undertaken and completed in light of the purposes of this Agreement. In any event, all services required hereunder shall be completed by the Company by November 30, 2004. 3. METHOD OF PAYMENT The City agrees to make payments and to reimburse the Agency for all budgeted costs permitted by Federal, State, and City guidelines. In no event shall the City provide advance funding to the Company or any subcontractor hereunder. Requests by the Company for payments or reimbursements shall be accompan00ied by proper documentation of expenditures and should, to the maximum extent possible, be submitted to CID for approval no later than thirty (30) days after the date of payment by the Company. Payment shall be made by the City of Boynton Beach Finance Department upon proper presentation of invoices and reports approved by the Company and CID. Proof of payment and originals of invoices, receipts, or other evidence of indebtedness shall be considered proper documentation. When original documents cannot be presented, the Company must adequately justify their absence, in writing, and furnish copies. Invoices will not be honored if received by the City of Boynton Beach Finance Department later than forty-five (45) days after the expiration date of this Agreement, nor will any invoices be honored that predate the effective date of this Agreement. 4. CONDITIONS ON WHICH PAYMENT IS CONTINGENT (1) IMPLEMENTATION OF PROJECT ACCORDING TO REQUIRED PROCEDURES The Company shall implement this Agreement in accordance with applicable Federal, State, and City laws, ordinances and codes, and amendments and additions thereto as may from time to time be made. The Federal, State, and City laws, ordinances and codes are minimal regulations which may be supplemented by more restrictive guidelines set forth by CID. No reimbursements will be made without evidence of the appropriate insurance required by this Agreement on file with CID. No payments for multi -funded projects will be made until a cost allocation plan has been approved by the CID. Should a project receive additional funding after the commencement of this Agreement, the Company shall notify CID in writing within thirty (30) days of receiving notification from the funding source and submit a cost allocation plan for approval by the CID within forty-five (45) days of said notification. (2) FINANCIAL ACCOUNTABILITY The City may have a financial systems analysis and/or an audit of the Company or any of its subcontractors performed by an independent auditing firm employed by the City or by the City Internal Audit Department at any time the City deems necessary to determine if the project is being managed in accordance with Federal, State, and City requirements. Page 639 of 675 (3) SUBCONTRACTS Any work or services subcontracted hereunder shall be specifically by written contract, written agreement, or purchase order and shall be subject to each provision of this Agreement. Proper documentation in accordance with City, State, and Federal guidelines and regulations must be submitted by the Company to CID and approved by CID prior to execution of any subcontract hereunder. In addition, all subcontracts shall be subject to Federal, State, and City laws and regulations. This includes ensuring that all consultant Agreements and fee schedules meet the minimum standards as established by the City of Boynton Beach Purchasing Department and U.S. HUD. Agreements for architecture, engineering, survey, and planning shall be negotiated fixed fee Agreements. All additional services shall have prior written approval with support documentation detailing categories of persons performing work plus hourly rates including benefits, number of drawings required, and all items that justify the "Fixed Fee Agreement." Reimbursables will be at cost. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted or reimbursed without prior written approval of the CID. (4) PURCHASING All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written Agreement and in conformity with the procedures prescribed by the City of Boynton Beach Purchasing Ordinance, as well as 48 CFR Part 31 and 24 CFR Part 84.40-48, which are incorporated herein by reference. (5) REPORTS. AUDITS, AND EVALUATIONS Payment will be contingent on the receipt of complete and accurate reports required by this Agreement, and in the resolution of monitoring or audit findings identified pursuant to this Agreement. (6) ADDITIONAL CITY AND U.S. HUD REQUIREMENTS The State or Federal funds being provided hereunder cannot be used as a match for other State or Federal grants to the grantee and the grantee cannot submit requests for the same expenses to more than one funding source or under more than one program. CID shall have the right under this Agreement to suspend or terminate payments until the Company complies with any additional conditions that may be imposed by the City or U.S. HUD. (7) PRIOR WRITTEN APPROVALS -SUMMARY The following includes but is not limited to activities that require the prior written approval of the CID to be eligible for reimbursement or payment: (a) All subcontracts and agreements pursuant to this Agreement; (b) All capital equipment expenditures of $1,000 or more; (c)AII out-of-town travel; (travel shall be reimbursed in accordance with Florida Statutes, Chapter 112.061); (d)AII change orders; and (e)Requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit A. (f)AII rates of pay and pay increases paid from funds provided hereunder, whether for merit or cost of living. PART IV GENERAL CONDITIONS 1. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The Company agrees that no person shall on the ground of race, color, national origin, religion, disability, age, familial status, or sex be excluded from the benefits of, or be subjected to discrimination under any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the City shall have the right to terminate this Agreement. To the greatest extend feasible, lower-income residents of the project areas shall be given opportunities for Page 640 of 675 training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded Agreements in connection with the project. At a minimum, the Company shall comply with the Section 3 Clause of the Housing and Community Development Act of 1968, as amended. 2. OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN-OWNED BUSINESS ENTERPRISES In the procurement of supplies, equipment, construction, or services to implement this Agreement, the Company shall make a positive effort to utilize small business and minority/women-owned business enterprises of supplies and services, and provide these sources the maximum feasible opportunity to compete for Agreements to be performed pursuant to this Agreement. To the maximum extent feasible these small business and minority/women- owned business enterprises shall be located in or owned by residents of the areas designated by City of Boynton Beach in the Annual Consolidated Plan approved by U.S. HUD. 3. PROGRAM BENEFICIARIES At least fifty-one percent (51%) of the jobs created/retained through this project must be held by, or made available to, low- and moderate -income persons. If the project is located in an entitlement city, as defined by U.S. HUD, or serves beneficiaries countywide, more than 30 percent (30%) of the beneficiaries assisted directly through the use of funds under this Agreement must reside in unincorporated City of Boynton Beach or in municipalities participating in the County's Urban County Qualification Program. The Company shall provide written verification of compliance as described in Exhibit A of this Agreement to CID upon CID's request. 4. EVALUATION AND MONITORING The Company agrees that CID will carry out periodic monitoring and evaluation activities, as determined necessary by CID or the City, during the term of this Agreement and during the periods of time described in Exhibit A of this Agreement. The Company agrees to furnish upon request to CID, the City or the City's designees and make copies or transcriptions of such records and information as is determined necessary by CID or the City. The Company shall submit information and status reports required by CID, the City or U.S. HUD, at CID's request, to enable CID to evaluate said progress and to enable CID to complete reports required of CID by U.S. HUD. The Company shall allow CID or U.S. HUD to monitor the Company on site. Such site visits may be scheduled or unscheduled as determined by CID or U.S. HUD. 5. AUDITS AND INSPECTIONS At any time during normal business hours and as often as CID, the City, U.S. HUD, or the Comptroller General of the United States may deem necessary, the Company shall make available all its records with respect to all matters covered by this Agreement. 6. DATA BECOMES CITY PROPERTY All reports, plans, surveys, information, documents, maps, and other data procedures purchased, developed, prepared, assembled, or completed by the Company for the purpose of this Agreement shall become the property of the City without restriction, reservation, or limitation of their use and shall be made available by the Company at any time upon request by the City or CID. Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to CID if requested. In any event the Company shall keep all documents and records for three (3) years after expiration of this Agreement. 7. INDEMNIFICATION The Agency shall protect, defend, reimburse, indemnify and hold the City, its agents, employees and elected officers harmless from and against all claims, liability, expense, loss, cost, damages or causes of action of every kind or character, including attorney's fees and costs, whether at trial or appellate levels or otherwise,, arising during performance of the terms of this Agreement or due to the acts or omissions of the Agency. Agency's aforesaid indemnity and hold harmless obligation, or portion or applications thereof, shall apply to the fullest extent permitted by law. The Agency will hold the City harmless and will indemnify the City for funds which the City is obligated to refund the Federal Government arising out of the conduct of activities and administration of Agency. Page 641 of 675 8. INSURANCE REQUIREMENT Unless otherwise specified in this Agreement, the Company shall, at its sole expense, maintain in full force and effect at all times during the life of this Agreement, insurance coverage, limits, including endorsements, as described herein. The requirements contained herein as to types and limits, as well as City's review or acceptance of insurance maintained by the Company are not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by the Company under the Agreement. (1) COMMERCIAL GENERAL LIABILITY The Company shall agree to maintain Commercial General Liability at a limit of liability not less than $500,000 Each Occurrence. Coverage shall not contain any endorsement excluding Contractual Liability or Cross Liability unless granted by City's Risk Management Department. The Company agrees this coverage shall be provided on a primary basis. WHEN APPLICABLE: Professional Liability Insurance shall have minimum limits of $500,000 per Occurrence and $500,000 Aggregate. (2) BUSINESS AUTOMOBILE LIABILITY The Company shall agree to maintain Business Automobile Liability at a limit of liability not less than $500,000 Each Occurrence for all owned, non -owned and hired automobiles. In the event the Company does not own any automobiles, the Business Auto Liability requirement shall be amended allowing the Company to agree to maintain only Hired & Non- Owned Auto Liability. This amended requirement may be satisfied by way of endorsement to the Commercial General Liability, or separate Business Auto coverage form. Company agrees this coverage shall be provided on a primary basis. (3) WORKER'S COMPENSATION & EMPLOYER'S LIABILITY The Company shall agree to maintain Worker's Compensation Insurance & Employers Liability in accordance with Florida Statute Chapter 440. The Company agrees this coverage shall be provided on a primary basis. (4) INSURANCE COVERING EQUIPMENT The Company shall agree to maintain insurance coverage against theft, loss, damage, and loss to persons or property in an amount not less than one hundred percent (100%) of the replacement cost of the equipment purchased with funds under this Agreement for a period often (10) years. The Company shall agree to be fully responsible for any deductible or self- insured retention and agree to name the City as a Loss Payee on each policy as its interest may appear in equipment purchased with funds under this Agreement. (5) ADDITIONAL INSURED The Company shall agree to endorse the City as an Additional Insured with a CG 2026 Additional Insured - Designated Person or Organization endorsement, or its equivalent, to the Commercial General Liability. The Additional Insured endorsement shall read "City of Boynton Beach Commission, a Political Subdivision of the State of Florida, its Officers, Employees and Agents, c/o Division of Community Redevelopment". The Company shall agree the Additional Insured endorsements provide coverage on a primary basis. (6) CERTIFICATE OF INSURANCE The Company shall agree to deliver to the City a certificate(s) of insurance evidencing the required insurance is in full force and effect within thirty (30) calendar days prior to the execution of the Agreement. A minimum thirty (30) day endeavor to notify due to cancellation or non- renewal of coverage shall be included on the certificate(s). (7) RIGHT TO REVIEW & ADJUST The Company shall agree the City, by and through its Risk Management Department, in cooperation with CID, reserves the right to periodically review, modify, reject or accept any required policies of insurance, including limits, coverage, or endorsements, herein from time to time throughout the life of this Agreement. The City reserves the right, but not the obligation, to review and reject any insurer providing coverage because of it's poor financial condition or failure to operate legally. Page 642 of 675 9. CONFLICT OF INTEREST The Company covenants that no person who presently exercises any functions or responsibilities in connection with the project has any personal financial interest, direct or indirect, which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the Company. Any possible conflict of interest on the part of the Company or its employees shall be disclosed in writing to CID provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate -income residents of the project target area. 10. CITIZEN PARTICIPATION The Company will cooperate with CID in the implementation of the Citizen Participation Plan by informing project beneficiaries and the community of the activities the Company is undertaking in carrying out the provisions of this Agreement. 11. RECOGNITION All property purchased or constructed pursuant to this Agreement shall be clearly identified as to funding source. The agency will include a reference to the financial support herein provided by CID in all publicity. In addition, the agency will make a good faith effort to recognize CID's support for all activities made possible with funds made available under this Agreement. 12. AGREEMENT DOCUMENTS The following documents are herein incorporated by reference and made a part hereof, and shall constitute and be referred to as the Agreement; and all of said documents taken as a whole constitute the Agreement between the parties hereto and are as fully a part of the Agreement as if they were set forth verbatim and at length herein: (1) This Agreement, including its Exhibits (2) 48 CFR Part 31 (3) City of Boynton Beach Purchasing Ordinance (4) City of Boynton Beach's Tangible Property Disposal Ordinance (5) Community Development Block Grant Regulations (24 CFR Part 570), as amended (6) The Company's Incorporation Certificate (7) The Company's Certificates of Insurance and Bonding The Company shall keep an original of this Agreement, including its Exhibits, and all amendments thereto, on file at its principal office. 13. TERMINATION In the event of termination, the Company shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Agreement by the Company, and the City may withhold any payment to the Company for set-off purposes until such time as the exact amount of damages due to the City from the Company is determined. A. Termination for Cause: If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement or suspend payments in whole or part by giving written notice of such termination or suspension of payments and specify the effective date of termination or suspension. The agency shall repay the full value of this grant, unless otherwise specified by CID, within a time period specified by the City. B. Termination Due To Cessation: In the event the grant to the City under Title I of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date U.S. HUD specifies. In the event the Company ceases to exist, or ceases or suspends its operation for any reason, this Agreement shall be suspended or terminated on the date the City specifies. The determination that the Company has ceased or suspended its operation shall be made solely by the City, and the Company, its successors or assigns in interest agrees to be bound by the City's determination. At the City's sole discretion, the Company shall return all funds received through this Agreement to the City within a time period specified by the City. Page 643 of 675 C. Termination for Convenience of City: The City may terminate this Agreement at any time by giving at least ten (10) working days notice in writing from the City to the Company. If this Agreement is terminated by the City as provided herein, the Company will be paid for allowable services and allowable expenses under Part II of this Agreement until the effective date of termination. D. Termination for Convenience of the Company: The Company may terminate this Agreement at any time by giving at least ten (10) working days prior written notice to CID. If the Company has received funds through this Agreement, the Company shall return all funds to the City prior to the termination of this Agreement. 14. SEVERABILITY OF PROVISIONS If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. 15. AMENDMENTS The City may, at its discretion, amend this Agreement to conform with changes in Federal, State, City, or U.S. HUD guidelines, directives, and objectives. Such amendments shall be incorporated by written amendment as a part of this Agreement and shall be subject to approval of the City of Boynton Beach Commission. Except as otherwise provided herein, no amendment to this Agreement shall be binding on either party unless in writing, approved by the City Commission and signed by both parties. 16. NOTICES All notices required to be given under this Agreement shall be sufficient when delivered to CID at its office at 100 E. Boynton Beach Boulevard, Boynton Beach, Florida 33435, and to the Company when delivered to its office at the address listed on Page One (1) of this Agreement. 17. INDEPENDENT AGENT AND EMPLOYEES The Company agrees that, in all matters relating to this Agreement, it will be acting as an independent agent and that its employees are not City of Boynton Beach employees and are not subject to the City provisions of the law applicable to City employees relative to employment compensation and employee benefits. 18. NO FORFEITURE The rights of the City under this Agreement shall be cumulative and failure on the part of the City to exercise promptly any rights given hereunder shall not operate to forfeit or waive any of the said rights. 19. PUBLIC ENTITY CRIMES As provided in F.S. 287.133 by entering into this Agreement or performing any work in furtherance hereof, the Company certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by F.S. 287.133 (3)(a). Page 644 of 675 20. COUNTERPARTS OF THE AGREEMENT This Agreement, consisting of twelve (12) enumerated pages, which include the exhibits referenced herein, shall be executed in three (3) counterparts, each of which shall be deemed to be an original, and such counterparts will constitute one and the same instrument. 21. ENTIRE UNDERSTANDING This Agreement and its provisions merge any prior Agreements, if any, between the parties hereto and constitutes the entire understanding. The parties hereby acknowledge that there have been and are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. WITNESS our Hands and Seals on this 2. day of December, 2003. ATTEST: JANET PRAINITO, CMC CITY CLERK, CITY OF BOYNTON BEACH, FLORIDA Political Subdivision of the State of Florida ��oYNroH�F /�. ,.rnootliiAiED " � 1920 0 J ) CITY CLERK �/`yr�� • PROVED AS TO FORM: �Au v' V \I- , kJ CITY ATTORNEY United Forward, Inc. & OF Fluid Systems, Inc., a Florida corporation BY: CITY MANAGER Witness —i .. - Wit ess Page 645 of 675 EXHIBIT "A" WORK PROGRAM NARRATIVE I. The Company agrees to: A. PURCHASE OF EQUIPMENT: Purchase equipment for use in the Company's manufacturing facility at 4020 Thor Drive, Boynton Beach, Florida. Said equipment may include but not be limited to extrusion line equipment. The Company shall hold title to the equipment. NOTE 1: Purchase of said equipment is subject to the City Of Boynton Beach Purchasing Ordinance. Under the Ordinance, the threshold dollar amount at or above which the formal competitive sealed bid process must be used is $25,000. The Company shall submit its bid package and specifications to CID and obtain a letter of approval prior to bidding. For purchases from $1,000 to $24,999, the Company shall submit at least three written quotes. The Company shall obtain the prior written approval of the Director of Development or designee for the award of the contract to purchase. NOTE 2: The Company will provide proof that leverage claimed by the Company has been committed. The Company further agrees that CID shall be the final arbiter on the Company's compliance with the above. B. INVENTORY AND MAINTENANCE: Within seven (7) days of the City reimbursing the Company for the purchase of the equipment, the Company shall provide CID with a list of said equipment that includes a description of the equipment; serial number or other identification number, if applicable; source of the equipment; acquisition date; purchase price; and location of the equipment. Additionally, the Company will make the equipment available annually for inspection and inventorying by the City and must also provide annually to CID a report on the condition and use of said equipment. CID reserves the right to inspect said equipment on site. The Company shall maintain said equipment, at the Company's own cost and expense, in good repair and condition. The Company shall also keep the equipment insured for the replacement cost of the equipment against theft, loss, damage, and loss to persons or property. The provisions of this clause shall survive the expiration of this Agreement. C. DISPOSITION: Disposition of the equipment is subject to prior written approval of the Director of Development or designee. If for any reason the said equipment is not maintained, used for its intended purpose, or kept in a state of good condition, the Company shall repay the full value of this grant, unless otherwise specified by CID. CID or its designee reserves the right to make the determination relating to the Company's use and maintenance of any tangible property purchased by the City Of Boynton Beach. D. JOB CREATION: Subsequent to the effective date of this Agreement and within one (1) year of the completion of the activity, the Company shall create 3.33 jobs, on a full-time equivalent basis, where at least 51% of the jobs will be held by low- and moderate -income persons. A full-time job shall mean employment for a minimum of 2,080 hours per year and for a wage or salary equal to or better than the minimum wage as determined by the U.S. Department of Labor. Low- and moderate -income status is based on the person's income at the time of hire and is not affected by subsequent raises or promotions. Said jobs will include, but may not be limited to, the jobs listed in Exhibit C. The Company will register said jobs with and consider applicants referred by the Palm Beach County Workforce Development Board. A full-time job shall mean employment for a minimum of 2,080 hours per year and for a wage or salary equal to or better than the minimum wage as determined by the U.S. Department of Labor. Low- and moderate -income status is based on the person's income at the time of hire and is not affected by subsequent raises or promotions. Page 646 of 675 E. SECURITY AGREEMENT: To secure the grant amount, the Company hereby covenants and agrees for a period of three (3) years commencing with the completion of the activity to comply with the Job Creation requirements; and for a period of ten (10) years to comply with the equipment use/disposition requirements. If for any reason the Company fails to comply with the Job Creation or the equipment use/disposition requirements, the Company shall repay the full value of this grant, unless otherwise specified by CID. The provisions of this clause shall survive the expiration of this Agreement. F. REPORTS: The Company shall submit the reports listed below to CID. 1) Monthly updates during the term of this Agreement that describe the status of the activity funded under this Agreement. 2) Written verification of job creation, satisfactory to CID at CID's sole discretion. Verification shall include job title, salary, fringe benefits, full-time equivalency status, name and address of person hired, proof said person is low- and moderate -income, and dates of employment. Said written verification shall be provided to CID at the completion of the activity funded under this Agreement and annually therefrom for a period of three (3) years commencing with the completion of the activity. 3) The Company's business tax returns for a period of three (3) years commencing with the expiration date of this Agreement. 4) The list of equipment described in Section B above. 11. The City agrees to: A. Provide up to $50,000 in funding as follows: Extrusionline equipment................................................................................$ 50.000 TOTAL...............................................................................................................$ 50,000 B. Provide project administration and inspection to the Company to ensure compliance with U.S. HUD, the Department of Labor, and applicable State, Federal, County and City laws and regulations. C. Monitor the Company at any time during the term of this Agreement. Visits may be scheduled or unscheduled as determined by CID, be conducted by CID staff or its subcontractors, and will serve to ensure compliance with U.S. of HUD regulations, that planned activities are conducted in a timely manner, and to verify the accuracy of reporting to CID on program activities. Page 647 of 675 EXHIBIT "B' LETTERHEAD STATIONERY TO: Octavia S. Sherrod, Community Improvement Manager City Of Boynton Beach - Community Improvement Division 100 East Boynton Beach Blvd. Boynton Beach, Florida 33435 FROM: Name of Sub -grantee: Address: Phone: RE: INVOICE REIMBURSEMENT (Agreement R - Attached, you will find Invoice # , requesting reimbursement in the amount of $ The expenditures for this invoice covers the period through . You will also find attached back-up original documentation relating to the expenditures being invoiced. Approved for Submission: 11 Page 648 of 675 EXHIBIT "C" Job Title Full -Time Equivalency Status 1. Service Technician & Tooling Manager Full -Time 2. Extruder Operator Full -Time 3. Braiding Machine Operator Full -Time 4. Autoclave and mechanicals Full -Time 5. Marking Operator Full -Time 6. Cutting Machine Operator Full -Time 7. Quench Machine Operator Full -Time 8. Packager Full -Time 9. Warehouse Worker Full -Time 10. Sales Associate Full -Time 12 Page 649 of 675 CITY OF BOYNTON BEACH UNITED FORWARD INC & DATE INVOICE NUMBER DESCRIPTION AMOUNT 12/10/2003 INVO90903 GRANT 50000.00 UNITED FORWARD INC & 3694 TOTAL $***50,000.00 CITY OF BOYNTON BEACH THE ATTACHED CHECK IS IN PAYMENT OF ITEMS DESCRIBED ABOVE IF NOT CORRECT PLEASE NOTIFY US PROMPTLY AT 561-742-6310. CHECK NO.: 90895 CITY OF BOYNTON BEACH BankofAmerica DATE: 12/12/2003 100 E. Boynton Beach Blvd. 63-4/630 Boynton Beach, Florida 33435 AMQi,lN'i PAY FIFTY THOUSAND AND 00/100 DOLLARS ************************************ $*****50 000.00 VOID AFTER 60 DAYS PAY TO THE ORDER OF ITY MT - MAYOR ICE MAYOR UNITED FORWARD INC & OF FLUID SYSTEMS INC 301 YAMATO ROAD, STE 2121 BOCA RATON FL 33431 TREASURER - FINANCE DIRECTOR -DEPT. TREASURER 11800090895118 1:06 300004 71: 16 1 I? 5 3 20611' Page 650 of 675 U.S. Department of Housing and Urban Developmeni Region IV, Miami Field Office Brickell Plaza Federal Building III SE First Avenue, Rm. 500 Mlam I, FL 33131-3042 City of Boynton Beach Boynton Beach, Florida 33435 This letter is about the Community Development Block Grant (CDBG) activities on the enclosed Tables. Funds for these activities have been drawn and the activities remain open, either in error or without reimbursing the program properly. In the absence of the IDIS data and supporting documentation, a determination cannot be made that a non-admimstrative activity meets a national objective nor that the regulatory provisions that govern activity eligibility have been fully implemented. Be advised that failure to ensure and maintain evidence demonstrating compliance with !gi rtl 162 111 (0) V1 W40) it RV 01014 $1 alkIA(AW-0 0 (IBM I (;B-4 (;J #... NA) I 0tw;'Aya I mt# soil Ka FY M. OVI ioII"I I i I : 1 4 (ONT110 I RUNITT14 noTra 1147ZITaffs, tAt'll I Will RNILM 1KII 0A K11 ]K011yr-Now lmycw-i�l 14r4lIIIIk=& wo Accomplishnwnts in IDIS at hug.flarchives.hudoff icesLcpL:LpgmmmnLtydevelopffient1 dance. or'l meet a national objective. Without the correct entries in IMS, neither the grantee nor the 7 Department can make a complete and accurate assessment of grantee performance. Page 651 of 675 Corrective action: Widiin 30 days, please provide the status of the activities indicating w"en and vrovide documentation to sur)-tol-jr.. the — . ;;; 14, 294ffA&M. 14�kN.- I I ff you need furffier assistance on this matter, please contact Nora E. Casal, Community Planning and Development Representative, at (305) 520-5009. jSincere Maria AR. Ortiz Director, Community Planning and Development Division Page 652 of 675 Page 653 of 675 U.S. Department of Housing and Urban Development Region IV, Miami Field Office Brickell Plaza Federal Building 909 SE First Avenue, Rm. 500 Miami, FL 33131-3042 I 10=- -0 0 =Wiluf Mrs. Octavia Sherrod City of Boynton Beach Boynton Beach, Florida 33435 Subject: Remote Monitoring Finding 2011 OIG Audit of IDIS Community Development Block Grant Program (CDBG,' City of Boynton Beach Dear Mrs. Sheirod, This letter concerns activities identified by the HUD Office of Inspector General (OIG) in its 2011 audit of the Integrated Disbursement Information System (IDIS). The activities listed in the table below were identified by the OIG as part of the audit. These activities have either remained open in IDIS due to their failure to meet a national objective or have been cancelled with funds drawn. •Actl ity Status a I fie Fair Housing Center of the Completed $10,000.00 Palm Beaches WI.M. a III Completed IM111111111 Heart of Boynton tInan United Forward, Inc. and UF Fluid Systems BED= I In accordance with '24 CFR 5570.900(a), this Office, has undeftaken a remote monitoring review of these activities. This review resulted in a finding of noncompliance with CDBG Program regulations. Condition: On review of the Boynton Beach's data in IDIS, HUD noted activities which have remained open in IDIS with funds drawn for extended periods of time. www.hud.gov espanol.hud.gov Page 654 of 675 Criteria: Every CDBG activity except planning and general administration must meet a national objective in accordance with 24 CFR 570.208, and summary information demonstrating compliance with that national objective must be reported in IDIS in a timely manner in accordance with the Guidance for Reporting CDBG Accomplishments in IDIS at http://archives.hud.gov/offices/cpd/comniunitydevelopnient/cleanup/guidance/. General administration and planning activities need not document meeting a national objective, but the activities should generally be completed, not canceled, in IDIS. Grantee performance reports as generated from IDIS must be accurate in accordance with 24 CFR 91.525(a)(3). Every CDBG activity must meet a national objective in a reasonable time period in accordance with OMB Circular A-87, Section C, Basic Guidance, which states that "to be allowable under Federal awards, costs must ... be necessary and reasonable for proper and efficient performance and administration of Federal Awards." Cause: The City failed to report accomplishments in IDIS due to delays experienced from the economic downturn which ultimately led to several of the keys partners not moving forward with the project. Effect: The funds for these activities may have been used improperly and the activities failed to meet a national objective. Without the correct entries in IDIS, neither the grantee nor the Department can make a complete and accurate assessment of grantee performance. Corrective Action: The City of Boynton Beach must take one of the following actions, as appropriate to each activity identified in this finding: 1. If the grantee can produce accomplishment data demonstrating compliance with a national objective, the grantee must enter such accomplishment data into IDIS and subsequently complete the activity within 30 days from the date of this letter. OR 2. If the grantee cannot produce accomplishment data demonstrating compliance with a national objective, the grantee must reimburse its CDBG line of credit or local program account, as appropriate, for any funds expended on the activity. Such reimbursement must take place within 30 days from the date of this letter, and the grantee must cancel the activity in IDIS and receipt the reimbursement payment back to that activity, resulting in a drawn balance of $0. Our office can provide you with assistance regarding the proper procedure for reimbursement. A fundamental principal of the CDBG program is that program participants have due process rights to contest findings. Pursuant to 24 CFR 570.900(b)(5), MUD is offering the City an opportunity to provide additional information concerning the finding. If the City wishes to provide additional information concerning this finding, please submit a response by January 17, 2014. OA Page 655 of 675 If you need further assistance on this matter, please contact Nora E. Casal, Community t tive. at (305) 520-5009 or via email at nora.e.casal@lIUdML Sincerely, Ann D. Chavis Director Community Planning and Development Division Page 656 of 675 w1.".0t ° e of Housingand Urban Development Region IV, Miami Field Office «DEvf,°` Brickell Plaza Federal Building 909 SE First Avenue, Rm. 500 Miami, FL 33131-3042 December 18, 2014 Mrs. Octavia Sherrod, Community Improvement Manager Community Development Division City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33435 Subject: Remote Monitoring Finding 2011 OIG Audit of IDIS Community Development Block Grant Program (CDBG) City of Boynton Beach Dear Mrs. Sherrod, Thank you for the documentation submitted to our office, in response to HUD's letter dated March 31, 2014 and subsequent emails and telephone conversations. We have had an opportunity to review the City's response and our office has determined that the City has not been able to demonstrate that a national objective will be met within an acceptable time frame for activities 44, 89, 101, 103, and 133. HUD has allowed the City significant time since the inception of the finding letter dated October 11, 2011, and subsequent letter dated December 17, 2013, to complete these activities and meet a national objective, but evidence demonstrating compliance has not been provided. Therefore the City of Boynton Beach must reimburse the amount of $507,100 from non- federal funds. Please contact our office for assistance regarding the proper procedure for reimbursement. Such reimbursement must take place within 30 days from the date of this letter. The City may request a plan for repayment from non-federal funds. If you need further assistance on this matter, please contact Nora E. Casal, Senior Community Planning and Development Representative, at (305) 520-5009 or via email at nora.e.casul @hud. eov. Sinc e y, Ann D. Chavis, Director Community Planning and Development Division cc: Lisa Bustainante, Program Manager, USHLTD. HUD's mission is to create strong, sustainable, inclusive communities and quality, affordable homes for all. www.u.gov espanol.hud.gov Page 657 of 675 12. B. NEW BUSINESS 3/21/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 3/21/2017 REQUESTED ACTION BY COMMISSION: Approve the request of Mayor Steven B. Grant to distribute $250 of his Community Support Funds to Women's Circle, a non-profit organization. EXPLANATION OF REQUEST. Empowering low income women to realize their full potential to become all they can be and to gain financial stability by providing assistance with education and career development. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT. Budgeted Funds were included in approved FY 2016/17 Commission budget under account 001-1110-511-95-47, $2,000 per member. ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type D Addendum REVIEWERS: Department City Clerk Finance City Manager Description Community Support and Request Form Reviewer Action Date Stanzione, Tammy Approved 3/15/2017 - 8:34 AM Howard, Tim Approved 3/15/2017 - 9:17 AM LaVerriere, Lori Approved 3/17/2017 - 9:57 AM Page 658 of 675 Page 659 of 675 R COMMUNITY SUPPORT REQUESTFORM Part I - Summary of Request (to be completed by City Clerk) Date of Request: Requested by Mayor/Commissioner: Amount Requested: Recipient/Payee: Description of project, program, or ac i" .¢ a 4.1 Part II - Availability of funds The annual appropriation of funds available to the requesting Member of the Commission listed above is $ The balance of funds available for the requesting Member of the Commission is Accordingly: 0,"there are funds available as requested ❑ There are insufficient funds available as requested Dated: '� ity Clerk Part III -Eligibility Evaluation EJ/ 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 19-/ The public purpose is beneficial to the entire crn/upIity seryec y such donation 3 y Dated: By: w ' Reques ing Member of the City Commission S:\CC\WP\COMMUNITY INVESTMENT FUNDS\Community_Support_Funs_Policy.2015.doc Page 660 of 675 12.C. NEW BUSINESS 3/21/2017 REQUESTED ACTION BY COMMISSION: Approve the expenditure from Commissioner Casello's Community Support Funds of $1,000 to support the GBCD Entrepreneurship Institute programs. EXPLANATION OF REQUEST: All GBDCEI's programs are designed to encourage leadership, define social and financial literacy, reduce drop out rates and assist in developing technical skills to assist small businesses and train the workforce. The Mobile Entrepreneurship Training and Leadership Unit (M.E.L.T.) program is aimed at reducing crime and unemployment along with providing technology training creaet jobs and provide job re-entry skills for drop outs, convicted felons, single parents and seniors. There is also the Kid-Preneur Leadership Academy for ages 9-15 and the Future Entrepreneurs & Leaders Training Program for ages 16- 21. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Any training for youth and assistance to those individuals interested in starting new businesses and playing a leadership role in the area, can only improve the quality of life for all the citizens of Boynton Beach. FISCAL IMPACT: Budgeted The funding has been budgeted for this expenditure. ALTERNATIVES: Do not allow the $1,000 expenditure as requested. STRATEGIC PLAN: Growing Jobs and Business Opportunities STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Other Support Fund Request and backup Page 661 of 675 REVIEWERS: Department City Clerk Finance EBB= Reviewer Action Pyle, Judith Approved Howard, Tim Approved LaVerriere, Lori Approved Date ORMAGNMEWOM 0 4�44 Page 662 of 675 i Part I - Summary of Request (to be completed by City Clerk) Date of Request- Requested Amount Requested: Part 11 - Availability of funds The annual appropriation of funds available to the requesting Member of the Commission listedabove ;here are funds available as requested There are insufficient funds available as requests Dated: __ / `1 g Y ity Clerk Part III -Eligibility Eval ti fundsPublic . • ;. to improve private property unless there public need, purpose and ,- L: The recipientipayee provides services Wthin the City P The publi purpose is beneficial to ti COMM served by such donatio t � Dated: 7L Requ:_ Member Page 663 of 675 - - GRD -C 561 894 4510 info@gbdcei.com -*vww.ebdcei.com Entrepreneurship Institute 3200 S Congress Ave Boynton Beach, Ft. 33426 GBDCEI is a 501(C) 3 organization Date: February 24, 2017 Subject: GBDCEI Funding Request To: Commissioner Joe Cosello Request Amount: $1000.00 Commissioner Casello, GBDCEI respectfully submits this year's funding request in support of our youth and Economic Development programs. The Future of any city depends largely on its ability to create a viable workforce, by encouraging job creation, small business development and recruitment of employers. All GBDCEI's programs are designed to encourage entrepreneurial, leadership, social and financial literacy leading to job creation and the reduction of school drop rates, development and technical assistance of small business and training of the workforce. Below is a list of list of our programs. The Mobile Entrepreneurship Training and Leadership Unit (M.E.L.T) A mobile program aimed at: • Reducing crime • Reducing unemployment • Reducing the high school dropout rate • Providing technology training for seniors • Creating jobs for drop outs convicted felons, single parents • Providing technical assistance for small business and Entrepreneurs • Providing job re-entry skills for drop outs convicted felons, single parents & seniors Kid-Preneur Leadership Academy (Age 9-15) This program is a full day program during which participants run their city. The program is an experiential learning program where participants learn in three parts, through role-play of running the city, field trips to actual community organizations and through speakers who visit the program. The program is held one week over spring break one great week over winter break and two weeks over the summer. The cost for this program is $125 per week. Depending on grant funding occasionally we do have a limited number of scholarships, available on a first come first serve basis. Future Entrepreneurs & Leaders Training Program (16-21) The future entrepreneurs and leaders program is for young adults ages 16-21. The program begins with eight week training course participants are taught the fundamentals of starting their own, business write a business plan, life skills and leadership skills; after which the participants then set up and run their own business that is incubated by GBDCEI. In addition, the participants learn real world practical life skills designed to encourage fiscal responsibility. This is a job creation focused program and participants are paid wages for their role in the business. Salaries are based on sales and profitability of the company. Salaries are based on sales and profitability of the company. Thank you for your kind consideration. , Respectfully Submitted, An Gray of 675 13.A. LEGAL 3/21/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 3/21/2017 REQUESTED ACTION BY COMMISSION: Discussion and direction regarding scope of Medical Marijuana Treatment Center zoning and use regulations EXPLANATION OF REQUEST: At the March 6, 2017 Commission deferred discussion regarding a proposal to declare a moratorium on approval of Medical Marijuana Treatment Centers for six months while City staff evaluated the the need for and scope of regulations concerning medical marijuana dispensaries. The Commission requested more information regarding regulatory action taken by other cities and counties. The City attorney will provide an update report on state legislative and local government regulatory action. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: Non -budgeted None ALTERNATIVES: N/A STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type Attachment REVIEWERS: Department Legal Description LOC Options for Medical Marijuana Regulations Reviewer Action Date Swanson, Lynn Approved 3/15/2017 - 3:03 EM Page 665 of 675 Finance Howard, Tim Approved 3/16/2017 ® 8:49 AM City Manager LaVerriere, Lori Approved 3/17/2017 ® 9:58 AM Page 666 of 675 Land Development Code/( Allowable Zoning Districts Designations Spacing requirements Security requirements Permit process for dispens Population -Based requirer Business Tax Receipt requi Inspection requirements Odor mitigation Hours of operation 14.A. FUTURE AGENDA ITEMS 3/21/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 3/21/2017 REQUESTED ACTION BY COMMISSION: Appoint a City Commission representative and alternate to the Coalition of Boynton West Residents Association (COBW RA). - April 4, 2017 EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: REVIEWERS: Department City Clerk Reviewer Action Date Stanzione, Tammy Approved 3/2/2017 - 3:34 PM Page 668 of 675 14. B. FUTURE AGENDA ITEMS 3/21/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 3/21/2017 REQUESTED ACTION BY COMMISSION: Appoint a City Commission representative and alternate to the Countywide Intergovernmental Coordination Program. -April 4, 2017 EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: REVIEWERS: Department City Clerk Reviewer Action Date Stanzione, Tammy Approved 3/2/2017 - 3:34 PM Page 669 of 675 14.C. FUTURE AGENDA ITEMS 3/21/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 3/21/2017 REQUESTED ACTION BY COMMISSION: Appoint a City Commission representative and alternate to the Metropolitan Planning Organization. - April 4, 2017 EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: REVIEWERS: Department City Clerk Reviewer Action Date Stanzione, Tammy Approved 3/2/2017 - 3:34 PM Page 670 of 675 14.D. FUTURE AGENDA ITEMS 3/21/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 3/21/2017 REQUESTED ACTION BY COMMISSION: Appoint a City Commission representative and alternate to the Palm Beach County League of Cities. - April 4, 2017 EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: REVIEWERS: Department City Clerk Reviewer Action Date Stanzione, Tammy Approved 3/2/2017 - 3:34 PM Page 671 of 675 14. E. FUTURE AGENDA ITEMS 3/21/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 3/21/2017 REQUESTED ACTION BY COMMISSION: Consider adopting a Chronic Nuisance Ordinance. - April 2017 EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: REVIEWERS: Department Reviewer Action Date Finance Howard, Tim Approved 3/8/2017 - 9:40 AM Finance Howard, Tim Approved 3/8/2017 - 9:40 AM City Manager LaVerriere, Lori Approved 3/13/2017 - 10:00 AM Page 672 of 675 14. F. FUTURE AGENDA ITEMS 3/21/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 3/21/2017 REQUESTED ACTION BY COMMISSION: Discuss cancelling the July 4th City Commission meeting -April 4, 2017 EXPLANATION OF REQUEST: The first Commission meeting in July falls on Tuesday, July 4, 2017. On October 4, 2016 the Commission decided by consensus to move the meeting to Wednesday, July 5, 2017. The Mayor requested this item be placed on a future agenda to discuss if the Commission may be interested in cancelling the meeting. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: REVIEWERS: Department Finance Finance City Manager Reviewer Action Date Howard, Tim Approved 3/7/2017 - 4:41 PM Howard, Tim Approved 3/7/2017 - 4:41 PM LaVerriere, Lori Approved 3/13/2017 - 10:00 AM Page 673 of 675 14.G. FUTURE AGENDA ITEMS 3/21/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 3/21/2017 REQUESTED ACTION BY COMMISSION: Monthly Departmental Presentations: Communications/Marketing -April 18, 2017 EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: REVIEWERS: Department Reviewer Action Date Finance Howard, Tim Approved 3/15/2017 - 8:19 AM Finance Howard, Tim Approved 3/15/2017 - 8:19 AM City Manager LaVerriere, Lori Approved 3/17/2017 - 9:58 AM Page 674 of 675 14. H. FUTURE AGENDA ITEMS 3/21/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 3/21/2017 REQUESTED ACTION BY COMMISSION: Recommend vendor as result of Request for Proposal for Pension Benefit Consultant - April 18, 2017 EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT. Budgeted ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: REVIEWERS: Department Reviewer Action Date Finance Howard, Tim Approved 3/13/2017 - 1:40 PM Finance Howard, Tim Approved 3/14/2017 - 8:43 AM City Manager LaVerriere, Lori Approved 3/17/2017 - 9:59 AM Page 675 of 675