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Agenda 05-16-17The City of Boynton Beach City Commission Agenda Tuesday, May 16, 2017, 6:30 PM Commission Chambers 100 E. Boynton Beach Blvd., Boynton Beach, FL 33435 Regular City Commission Boynton Beach City Commission Mayor Steven B. Grant (At Large) Vice Mayor Justin Katz (District 1) Commissioner Mack McCray (District 11) 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 585 WELCOME Thank you for attending the City Commission Meeting GENERAL RULES & PROCEDURES FOR PUBLIC PARTICIPATION AT CITYOF 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 585 1. OPENINGS A. Call to Order - Mayor Steven B. Grant I nvocation Pledge of Allegiance to the Flag led by Mayor Grant 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 the Commission has scheduled a Public Input - Budget Workshop on: Tuesday, May 30, 2017 @ 6:30 P.M. in the City Commission Chambers B. City offices will be closed on Monday, May 29th in observance of Memorial Day. C. Proclaim May 20-26, 2017, as National Safe Boating week and the start of the year-round effort to promote safe boating. Members of the U.S. Coast Guard Auxiliary - Flotilla 54 will accept the Proclamation from the Mayor. D. Proclaim May 18th, 2017 as Haitian Flag Day. E. Presentation of the annual "Bob Borovy Student Citizen of the Year" award by members of the Education & Youth Advisory Board. F. Presentation of the annual Youth Volunteer Bank awards by members of the Education & Youth Advisory Board. 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: 2 Reg and 2 Alts Page 3 of 585 Library Bd: 2 Regs Recreation & Parks Bd: 1 Alts Planning & Development Bd. - 1 Reg Senior Advisory Bd: 2 Alts B. Authorize the Mayor to travel to Orlando for Florida League of Cities Legislative Policy Committee Meetings on the following dates: Thursday and Friday, June 15-16, 2017 Friday, July 14, 2017;and Thursday, August 17, 2017 6. CONSENTAGENDA 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. Approve utilizing the City of Hollywood, FL Blanket Order No. B002967 awarded to Nalco Company with the same terms, conditions, specifications and pricing. This will be used to purchase anti-scalant (PC -1850T) for the removal of solids at the West Water Treatment Plant (WWTP). The annual expenditure is estimated at $38,000. B. Award the bid for "Two Year Bid for Hydraulic Cylinders and Valves, Parts and Repairs", Bid #039-2516-17/IT to Construction Hydraulics of Lake Worth, Inc. of Lake Worth, FL for an estimated annual expenditure of $65,000. C. Approve increasing purchase order #170065 to South Florida Emergency Vehicles from $20,000 to $50,000 as a sole source purchase. D. Accept the written report to the Commission for purchases over $10,000 for the month of April 2017. E. Legal Expenses - April 2017 - Information at the request of the City Commission. No action required. F. Approve the minutes from the Regular City Commission meeting held on May 2, 2017. 7. BIDS AND PURCHASES OVER $100,000 A. PROPOSED RESOLUTION NO. R17-046 - Award Bid No. 018-2710-17J MA for Replacement of Packaged Rooftop HVAC Units at the Ezell Hester Community Center, and authorize the City Manager to sign a contract with Summa Mechanical Contractors LLC d/b/a SMC Air Conditioning (SMC) of Davie, FL as the lowest responsive, responsible bidder, in the total lump sum amount of $91,337 plus a 10% contingency of $9,133.70, for a total potential expense amount of $100,470.70. B. PROPOSED RESOLUTION NO. R17-047 - Award Bid No. 019-2821-17/TP to the low bidder, Bofam Construction Company, Inc. of Miami, FL, for the Construction of the NE 20th Avenue Stormwater Improvements, and authorize the City Manager to sign a contract, in the amount of $614,369.13 plus a 10% contingency of $61,436.91, for a total estimated amount of $675,806.04. C. PROPOSED RESOLUTION NO. R17-048 - Award to the lowest pre -qualified bidder, (based on RFQ # 057-2821-16/TP) Insituform Technologies, LLC., as determined by review of bids submitted on April 10, 2017, resulting from the responses to the Request for Bids for Cured -in - Place Pipe Lining, (Bid No. ITB 01-CIPP-17/TP) and authorize City Manager to sign contract in the amount of $138,190.30 for the duration of the project based on unit costs provided by Insituform Technologies, LLC. in their respective Bid. D. PROPOSED RESOLUTION NO. R17-049 - Authorize the City Manager to sign a three year Page 4 of 585 contract with ESRI of West Palm Beach, FL for a Small Government Enterprise License Agreement through a sole source with a total cost of $150,000. 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. UNFINISHED BUSINESS A. Receive staff update on the group homes moratorium and corresponding zoning study. 12. NEW BUSINESS A. PROPOSED ORDINANCE NO. 17-012 - FIRST READING - Approve the updated Chronic Nuisance Property Code. B. PROPOSED RESOLUTION NO. R17-050- Authorize the Mayor to sign an Interlocal Agreement between the City of Boynton Beach and Boynton Beach Community Redevelopment Agency (CRA) for the CRA partial funding of the Director of Economic Development and Strategy for FY 16/17 for an amount not to exceed $23,795. 13. LEGAL A. PROPOSED RESOLUTION NO. R17-051 - Approve an extension of the temporary moratorium commenced under a "Notice of Intent" (NOI #2016-01) to study the need for modifications to the City's Land Development Regulations (LDR) related to the siting, placement, and design of wireless communication facilities (WCF) within rights-of-way, through September 6, 2017 to cover the period required to finalize the review of possible amendments to the land development regulations intended to implement currently pending legislation (SB 596/HB 687). B. PROPOSED ORDINANCE NO. 17-013 - FIRST READING - Approve the Local Register historic designation application for the site of the Boynton School (the Children's Museum) located at 129 E. Ocean Avenue, Boynton Beach. C. Direct staff to suspend enforcement of the City's Code of Ordinances, Chapter 17, Article II, Solicitors and Canvassers. 14. FUTURE AGENDA ITEMS A. Monthly Departmental Presentations: I TS/GIS - June, 2017 Public Works - July, 2017 B. July 5, 2017 Commission Meeting has been cancelled. C. Budget workshops for the FY 17/18 budget are scheduled in the Library Program Room on the following dates and times: Monday, July 17, 2017 @ 5:00 P.M. Tuesday, J my 18, 2017 @ 10:00 A. M. Wednesday, July 19, 2017 @ 2:00 P.M. D. Proposed Medical Cannabis Dispensary Ordinance - 6/20/17 Page 5 of 585 E. Draft workforce housing ordinance for discussion - 6/20/17 15. ADJOURNMENT NOTICE IFA PERSON DECIDES TO APPEALANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE WILL NEEDA RECORD OF THE PROCEEDINGSAND, FOR SUCH PURPOSE, HUSHE 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 IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, ORACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT THE CITY CLERKS OFFICE, (561) 742-6060 OR (TTY)1-800-955-8771, AT LEAST 48 HOURS PRIOR TO THE PROGRAM ORACTIVITY IN ORDER FOR THE CITY TO REA.SONABLYACCOMMODATE YOUR REQUEST. ADD1TIONALAGENDA ITEMS MAY BEADDED SUBSEQUENT TO THE PUBLICATION OF THEAGENDA ON THE C1TYS WEB SITE INFORMATION REGARDING 1TEMSADDED TO THEAGENDA AFTER IT 1S PUBLISHED ON THE C1TYS WEB SITE CAN BE OBTAINED FROM THE OFFICE OF THE CITY CLERK. Page 6 of 585 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 5/16/2017 REQUESTED ACTION BY COMMISSION: Call to Order - Mayor Steven B. Grant I nvocation Pledge of Allegiance to the Flag led by Mayor Grant 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: Is this a grant? No Grant Amount: REVIEWERS: 1.A. OPENING ITEMS 5/16/2017 Page 7 of 585 Department City Clerk Reviewer vim= Action WITAMIN, D ate II EN 9 RE MIS TRI Page 8 of 585 2.A. OTHER 5/16/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 5/16/2017 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 585 3.A. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS 5/16/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 5/16/2017 REQUESTED ACTION BY COMMISSION: Announce the Commission has scheduled a Public I nput - Budget Workshop on: Tuesday, May 30, 2017 @ 6:30 P.M. in the City Commission Chambers 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 Finance Finance City Manager Reviewer Action Date Howard, Tim Approved 5/4/2017 - 4:39 PM Howard, Tim Approved 5/4/2017 - 4:39 PM LaVerriere, Lori Approved 5/5/2017 - 9:48 AM Page 10 of 585 3.B. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS 5/16/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 5/16/2017 REQUESTED ACTION BY COMMISSION: City offices will be closed on Monday, May 29th in observance of Memorial Day. EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: Non -budgeted ALTERNATIVES: There is no alternative as the day is designated as a holiday. STRATEGIC PLAN: High Performing City Organization STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: REVIEWERS: Department Reviewer Finance Howard, Tim Finance Howard, Tim City Manager Howard, Tim Action Date Approved 5/12/2017 - 9:27 AM Approved 5/12/2017 - 9:27 AM Approved 5/12/2017 - 9:27 AM Page 11 of 585 REQUESTED ACTION BY COMMISSION: Proclaim May 20-26,2017, as National Safe Boating week and the start of the year-round effort to promote safe boating. Members of the U.S. Coast Guard Auxiliary - Flotilla 54 will accept the Proclamation from the Mayor. EXPLANATION OF REQUEST: Recreational boating is fun enjoyable, and we are fortunate that we have sufficient resources to accommodate the wide variety of boating demands. However, our waterways can become crowded at times and be a place of chaos and confusion. Not knowing or obeying the Navigation Rules or the nautical "Rules of the Road," operating a boat while impaired, or not wearing a life jacket are all examples of human error or lack of proper judgment. Knowledge and skills are important in reducing human error and improving judgment. That is why it important to spread the messages of boating safety not only during National Safe Boating Week, but also throughout the entire year. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? No affect. FISCAL IMPACT: None ALTERNATIVES: Do not make Proclamation STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Proclamation Proclamation Page 12 of 585 REVIEWERS: Department Reviewer Action City Clerk Stanzione, Tammy Approved Finance Howard, Tim Approved City Manager LaVerriere, Lori Approved D ate 5/5/2017 ® 9:43 AM 5/5/2017 ® 1:51 PM 5/9/2017 ® 7:21 PM Page 13 of 585 -�"" ski �► � r► Proclamation WHEREAS, on average, 650 people die each year in boating -related accidents in the U.S.; approximately three-fourths of these are fatalities caused by drowning; and WHEREAS, the vast majority of these accidents are caused by human error or poor judgment and not by the boat, equipment, or environmental factors; and WHEREAS, a significant number of boaters who lose their lives by drowning each year would be alive today had they worn their life jackets; and WHEREAS, today's life jackets are more comfortable, more attractive, and more wearable than styles of years past. NOW THEREFORE, I, Steven B. Grant, by the authority vested in me by the City of Boynton Beach, do hereby support the goals of the North American Safe Boating Campaign (Wear It!) and proclaim May 20-26, 2017 as NATIONAL SAFE BOATING WEEK and the start of the year-round effort to promote safe boating. 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 16th day of May, Two Thousand Seventeen. Steven B. Grant, Mayor ATTEST: Judith A. Pyle, CMC City Clerk 3.D. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS 5/16/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 5/16/2017 REQUESTED ACTION BY COMMISSION: Proclaim May 18th, 2017 as Haitian Flag Day. EXPLANATION OF REQUEST: Haitian president Dumarsais Estime started the Flag Day celebration with parades, cultural and athletic events in many cities in Haiti in the 1930s, when he was minister of education under President Stenio Vincent. Estime wanted to commemorate annually the creation of the Haitian flag to encourage the development of patriotic sentiments among Haitian youth. The nation has played major roles in many historic fights from freedom, including the American Revolution and the Civil War. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: Not to proclaim May 18th, 2017 as Haitian Flag Day STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type D Proclamation REVIEWERS: Department Reviewer Description Proclamation Action D ate Page 15 of 585 City Clerk Pyle, Judith Approved Finance Stanzione, Tammy Approved City Manager Stanzione, Tammy Approved Page 16 of 585 -�"" ski �► � r► Proclamation WHEREAS, the growth and prosperity of the City of Boynton Beach is due in part to an ethnic diversity that includes a substantial and rapidly increasing Haitian population; and WHEREAS, we recognize the valuable contribution of the Haitian people in the fight for the independence of the United States of America, especially in the battle of Savanah, and pay due tribute to their endowment; and WHEREAS, the Haitian population in South Florida joins together during the Month of May to commemorate their "Flag Day" and celebrate their historical and cultural indemnity; and WHEREAS, Haitian president Dumarsais Estime started the Flag Day celebration with parades, cultural and athletic events in many cities in Haiti in the 1930s, when he was minister of education under President Stenio Vincent. Estime wanted to commemorate annually the creation of the Haitian flag to encourage the development of patriotic sentiments among Haitian youth; and WHEREAS, it is appropriate to promote awareness and understanding of cultural diversity in our society in order to strengthen the self-esteem of our multicultural community. NOW THEREFORE, I, Steven B. Grant, Mayor of the City of Boynton Beach, Florida, do hereby proclaim the 18,h day of May, Two Thousand Seventeen as: HAITIAN FLAG DAY And the month of May, 2017 as HAITIAN HERITAGE MONTH IN WITNESS WHEREOF, I have hereunto se my hand and caused the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach Florida, the 16'h day of May, Two Thousand Seventeen. Steven B. Grant, Mayor ATTEST: Judith A. Pyle, CMC City Clerk REQUESTED ACTION BY COMMISSION: Presentation of the annual "Bob Borovy Student Citizen of the Year" award by members of the Education & Youth Advisory Board. EXPLANATION OF REQUEST: The Bob Borovy Student Citizen of the Year Award was created in 2000 to recognize a graduating high school senior who best epitomizes the spirit of volunteerism and giving to the community as exemplified by the late Bob Borovy. A United States Veteran and former Advisory Board on Children and Youth member, Mr. Borovy was an active citizen of the Boynton Beach community for many years. The award recipient will receive $1,000 and have his/her name placed on a permanent plaque at City Hall. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? In order to apply, students must be graduating high school seniors who are residents of the City of Boynton Beach, submit three letters of recommendation, complete an essay and provide documentation of their volunteer work. The winner is chosen by a panel of judges, including last year's award recipient. FISCAL IMPACT: Non -budgeted The award is sponsored by the Education and Youth Advisory Board and is funded through donations. ALTERNATIVES: N/A STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: REVIEWERS: Department Reviewer Action Date Page 18 of 585 IMLEM Majors, Wally Approved Howard, Tim Approved LaVerriere, Lori Approved Page 19 of 585 3. F. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS 5/16/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 5/16/2017 REQUESTED ACTION BY COMMISSION: Presentation of the annual Youth Volunteer Bank awards by members of the Education & Youth Advisory Board. EXPLANATION OF REQUEST: The Youth Volunteer Bank was created in 1997 to promote youth volunteerism, community involvement and reward youth who participate. The program is a cooperative effort between the Recreation & Parks Department, Education & Youth Advisory Board, local businesses and schools and youth volunteers. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Since 1998, youth volunteers have recorded over 61,000 volunteer hours and the program has awarded over $22,750 in savings bonds and prizes FISCAL IMPACT: Non -budgeted The awards are sponsored by the Education & Youth Advisory Board and the program is funded through donations. ALTERNATIVES: N/A STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: REVIEWERS: Department Recreation & Parks Finance City Manager Reviewer Action Date Majors, Wally Approved 5/1/2017 - 11:34 AM Howard, Tim Approved 5/4/2017 - 4:37 PM LaVerriere, Lori Approved 5/5/2017 - 9:48 AM Page 20 of 585 5.A. ADMINISTRATIVE 5/16/2017 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 east: Arts Commission: 1 Alt Building Board of Adjustments & Appeals: 2 Reg and 2 Alts Library Bd: 2 Regs Recreation & Parks Bd: 1 Alts Planning & Development Bd. - 1 Reg Senior Advisory Bd: 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: Page 21 of 585 Type Other REVIEWERS: Department City Clerk Reviewer vim= Description Appointments Action Approved D ate 3/14/2017 ® 3:47 PM Page 22 of 585 APPOINTMENTS AND APPLICANTS FOR MAY 16, 2017 Arts Commission II McCray Alt 1 yr term to 12/17 Tabled (3) Applicants None Building Board of Adjustments and Appeals I Katz Reg 3 yr term to 12!17 Tabled (3) II McCray Alt 1 yr term to 12117 Tabled (3) III Romelus Alt 1 yr term to 12/17 Tabled (3) IV Casello Reg 3 yr term to 12/17 Tabled (3) Applicants None Planning and Development Board I Katz Reg 2 yr term to 12/18 Applicants None Recreation & Parks Board II McCray Alt 1 yr term to 12/17 Tabled (2) Applicants I0f Senior Advisory Board I Katz Alt II McCray Alt Applicants None 1 yr term to 12/17 Tabled (3) 1 yr term to 12/17 Tabled (3) Page 23 of 585 5.B. ADMINISTRATIVE 5/16/2017 REQUESTED ACTION BY COMMISSION: Authorize the Mayor to travel to Orlando for Florida League of Cities Legislative Policy Committee Meetings on the following dates: Thursday and Friday, June 15-16, 2017 Friday, July 14, 2017;and Thursday, August 17, 2017 EXPLANATION OF REQUEST: The Mayor was appointed as a member of the Growth Management & Economic Affairs Committee of the Florida League of Cities last year and has requested to be appointed to that committee again. The president- elect normally makes committee appointments and announcement on May 15. It has been normal that the president-elect goes with the members request, so it is anticipated the Mayor will be appointed to the committee again. The Mayor has received a email with Legislative Policy Committee Meeting dates for June, July and August of 2017 that are scheduled in Orlando, FL. (Email attached) Costs associated with these meetings would be hotel, travel, meal allowances Hotel is $149-$164 per night, for two nights, meetings are from 10:OOam - 3:OOpm Estimated costs in addition to hotel would approximately $225 per trip In accordance with Resolution R07-150, establishing the travel policy for the City Commission, the City Commission by a majority of its members shall approve travel for each member of the City Commission. (Resolution attached) HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: Budgeted Hotel/Travel costs estimated at $523 for the June meeting, July and August estimated costs $390/each. Funds were included in the approved FY16/17($14,350) budget for commission travel under account 001- 1110-511-40-12. ALTERNATIVES: Do not authorize travel for the Mayor. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: Page 24 of 585 CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type D Attachment D Attachment REVIEWERS: Department Finance Finance City Manager Description Page 25 of 585 Email FLC with Mtg Dates City Commission Travel Policy Reviewer Action Date Howard, Tim Approved 5/11/2017 ® 1:01 P M Howard, Tim Approved 5/11/2017 ® 1:02 PM LaVerriere, Lori Approved 5/11/2017 ® 1:03 PM Page 25 of 585 Howard, Tim From: Grant, Steven Sent: Wednesday, May 10, 2017 3:41 PM To: Woods, Sylvia; Howard, Tim Subject: Fwd: FLC legislative policy committee meeting information Steven B. Grant, Esq. Mayor City of Bovnton Beach, Flo-ida ay= Please be advised that Florida has a broad public records low and all correspondence to me via email may be subject to disclusure.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. Steven Grant Mayor City Commission City of Boynton Beach 100 E. Boynton each Blvd. I Boynton each, Florida 33435 k, 561-742-6010 GrantS@bbfl.us http://www.boynton-beach.org/ M Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject 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. -------- Original message -------- Date: 5/10/17 11:36 AM (GMT -05:00) To: I rs rei-ribers on Mav Page 26 of 585 15. Official letters will be individually mailed to the address provided on your sign-up form. Email notifications will be sent as a group to each full committee roster using the email address provided on the sign-up form. Please begin making your travel arrangements for the June 15-16 and July 14 meetings. The League will provide lunch at the June 16 and July 14 meetings. June 15-16,2017 Hyatt Regency Orlando International Airport 9300 Jeff Fuqua Blvd, Orlando, FL 32827 June 15 meeting will be a post -session review at 4:30 pm followed by a reception at 6:00 pm June 16 legislative policy committee meetings will be held from 1000 am to 3:00 pm Room$149/night Cut-off date - May 26, 2017 I4� �� I• ^ 2.l Phone: (407) 825-1234 Call hotel for reservations and ask for the Florida League of Cities block OR go online and register at this link: httys.-//aws.passkey.com/ao/ficiun2Ol7 R. @ .0 1 N - 6001 Destination Parkway, Orlando, FL 32819 Legislative policy committee meetings will be held from 1000 am — 3:00 pm Room$164/night + an OPTIONAL $25 resort fee Cut-off date - June 13, 2017 Hotel Parking - parking is reduced to $10 for self Phone: (407) 313-4300 link: hqpsj-1aW sske Lalys-p�axom o �LPCM�17 F III cel Orlando World Center Marriott 8701 World Center Drive, Orlando, FL 32821 Phone: (407) 239-4200 F• s • 11!11 De neia on XeCemoer /-6, 2577 IT Tne reservatiiruD itfor-irfation will be released at a later date. Mary Edenfield Tallahassee, FL 32302-1757 VAla alck HERE to download FLCs new legislative session mobile app. Page 27 of 585 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 RESOLUTION NO. R 07 - 150 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ESTABLISHING A TRAVEL POLICY; RESCINDING ALL PREVIOUS RESOLUTIONS AND POLICIES GOVERNING TRAVEL BY THE CITY COMMISSION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach desires to establish a travel policy to provide for an administrative process by which each member of the Commission would obtain concurrence of a majority of the members of the City Commission for approval of travel expenditures; and WHEREAS, passage of this Resolution will rescind all previous Resolutions and policies governing travel by the City Commission; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby ratified and confirmed by the City Commission Section 2. That the City Commission of the City of Boynton Beach does hereby establish a Travel Policy, a copy of which is attached hereto as Exhibit "A". Section 3. That any and all previous Resolutions and/or Policies governing travel are rescinded. Section 4. That this Resolution will become effective immediately upon passage. SACA\RESO\Commission Travel Policy.doc 12/3/07 Page 28 of 585 RI 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 PASSED AND ADOPTED this 18 day of December, 2007. ATTEST: M. Prainito, CMC Clerk SACA\RESO\Commission Travel Policy.doc 12/3/07 CITY OF BOYNTON BEACH, FLORIDA or — Je aylo '22— t// — Vice M r — J odii ez Commissioner — Ronald Wei an Commissioner — Woodrow—E.- Commissioner oo .Commissioner — Marlene Ross Page 29 of 585 City of Boynton Beach City Commission TRAVEL POLICY Approved travel must adhere to the following guidelines in order to be paid by the City of Boynton Beach: A. Prior to Travel: 1. Complete Conference & Travel Request form and submit for approval. 2. All travel by City Commission Members must be approved in advance by the City Commission. B. Registration: 1. Complete conference registration forms. 2. Submit conference form for payment in advance if necessary. 3. Attach a copy of the registration form with the request for payment to Finance department. 4. Request per diem fee in advance (subtract all conference meals covered by registration fee). C. Upon completion of Travel: 1. Complete the Travel Expense Report for out-of-pocket expenses. 2. Attach all credit card receipts and other receipts to the expense report for payment or reimbursement. 3. Failure to include credit card receipts will be charged to the member personally. D. Travel Approvals: • City Commission Members travel shall be approved in advance by the City Commission at a regularly scheduled meeting. • The City Finance Director must sign off on travel form to confirm funds availability in the budget. • The City Manager must sign off prior to City Commission Agenda submittal. • Travel expenses are only reimbursable with receipts and are not automatic. • No PERSONAL items may be charged to the Agency. E. Travel Restrictions: • Per Diem payments shall be paid ONLY for class "A" travel, or travel outside the local area. Local area is defined as 50 miles or more from the Boynton Beach City Hall. • Mileage reimbursement rate is $.485 per mile per IRS and City. • If a spouse is to attend all related expenses shall be paid by the employee, and all receipts MUST be separate. The City WILL NOT pay for any spouse or child costs associated with any conference. All such costs will be paid by the member separately. • Any expenses incurred over the maximum amount approved for breakfast, lunch or dinner will be considered cost of the Commission Member and not the City. Meal rates are $12.00 breakfast, $15.00 lunch and $30.00 dinner. Page 30 of 585 City of Boynton Beach City Commission Gt�IVFE�t��E=�&° �'�tA1��F�ECt' ��►T Date of Request: City Commission Member Attending: Conference Name: Conference Location: Conference Purpose: Account to Charge: W: Dates of Travel & Attendance: to 2008 Cost of Conference: $ Cost of Travel: $ Cost of Lodging: $ Cost of Car Rental: $ Cost of Per Diem: $ ---------------- ---------------- TOTAL Approved by Finance Director: Date Approved by City Manager: "Cl LV NOTE: City Commission travel requests must be approved in advance at a regularly scheduled meeting of the City Commission. Any expenses incurred over the maximum amount approved for breakfast, lunch or dinner will be considered cost of the Commission Member and not the City. Meal rates are $12.00 breakfast, $15.00 lunch and $30.00 dinner. Please submit a conference agenda with this request. Please subtract all meals provided for by conference attendance fee. Page 31 of 585 CONSENTAGENDA 5/16/2017 REQUESTED ACTION BY COMMISSION: Approve utilizing the City of Hollywood, FL Blanket Order No. B002967 awarded to Nalco Company with the same terms, conditions, specifications and pricing. This will be used to purchase anti-scalant (PC -1850T) for the removal of solids at the West Water Treatment Plant (WWTP). The annual expenditure is estimated at $38,000. EXPLANATION OF REQUEST: Term: March 11, 2017 - March 10, 2020 The City of Hollywood awarded a sole -source purchase (Blanket Order No. B002967) to Nalco Company (Nalco) for the purchase of anti-scalant chemical (PC -1850T). The term is for the period of March 11, 2017 to March 10, 2020. Boynton Beach Utilities would like to utilize this quote with the same terms, conditions, specifications and pricing. Nalco has agreed to offer the City of Boynton Beach the same terms, conditions, specifications and pricing. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? In membrane treatment processes, as utilized at the West Water Treatment Plant (WTP), removal of solids from the raw water also results in deposition of those very solids on the membrane surfaces, resulting in ineffective membranes. Previously, the West WTP relied on sulfuric acid to perform this duty. Currently, the West WTP uses a combination of sulfuric acid and the Nalco antiscalant to reduce plating of the membranes. Utilizing this antiscalant has reduced sulfuric acid costs and ensured real time monitoring and control of the antiscalant. It also minimizes safety hazards by reducing the volume (sulfuric acid) stored on site due to lower usage. FISCAL IMPACT: Budgeted Funds are budgeted in account: 401-2811-536-52-35. Previous fiscal years expenses: FY 15/16 $38,200 FY 14/15 $44,000 FY 13/14 $44,500 ALTERNATIVES: Boynton Beach Utilities could issue its own bid or look for other contracts to utilize. However, this may lead to sulfuric acid substitution at a significantly higher cost. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: Page 32 of 585 CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type D Addendum D Addendum REVIEWERS: Department Reviewer Utilities Groff, Colin Finance Howard, Tim Utilities Pigott, Bevis Finance Howard, Tim Legal Swanson, Lynn City Manager LaVerriere, Lori Description Action Date Approved 4/26/2017 ® 12:48 PM Rejected 4/26/2017 ® 12:50 PM Approved 4/27/2017 ® 11:00 AM Approved 5/5/2017 ® 2:14 PM Approved 5/9/2017 ® 4:57 PM Approved 5/9/2017 ® 7:20 PM Page 33 of 585 April 26, 2017 City of Boynton Beach Purchasing /Financial Services Department 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 Attn: (lyse Triestman, CPPD, CPPB, FCCN Dear (lyse, This letter is to provide formal notification that Nalco Water, a Division of Ecolab, grants the City of Boynton Beach, FL to utilize the same pricing, terms and conditions as shown in the contract between Nalco Water and City of Hollywood, FL effective 03/11/17 thru 03/10/20, relative to the supply of reverse osmosis membrane antiscalant PC -1850T. Nalco agrees to extend the same prices, terms and conditions of this Contract to the City of Boynton Beach at the price per Ib (per page 10 of the Contract and formal offer from Nalco's Mr. Joe Frank) of $1.19/lb or $11.90/gal. FOB Destination in bulk quantities for the 3 year extension. The term of the Agreement would be retroactive from March 11, 2017 thru March 10, 2020. Thank you for your attention and if you have questions regarding this issue, please contact myself at 630-305-2698. Sincerely, �--" a Jason P Fues Sr. Operations Manager Municipal Water Division Nalco Water, An Ecolab Company Page 34 of 585 " I'N"WO(Jo It of Hollywood, Florida nol- , DC%AS1' 2600 HOLLYWOOD BLVD. - P.O. Box 229045 - ZIP 33022-9045 DATE: March 11, 2017 RE: BLANKET ORDER #: B002967 PRODUCT/SERVICE: Supply of Antiscalant Nalco Company V#29785 Telephone Contact: 407-670-2741 Attn: Lech Czerwinski Email: lczerwinski@nalco.com 875 Concourse Parkway South, Ste 150 Maitland, FL 32751 Dear Vendor: This is to inform you that the City of Hollywood, Florida is entering into a Blanket Order with your Company based on one of the following: The term of this order is 3111/2017 through 3/10/2020 The estimated annual dollar value is $109,000.00. DATED-. DATED-. DATED: DATED: 1-31-17 DATED: DATED: Approved via R-2017-084 The obligations of the City of Hollywood under this order are subject to the availability of funds lawfully appropriated for its purpose by the City Commission and are subject to the terms and conditions contained on the Purchase Order form. The City of Hollywood Departments will issue hard copy orders against this Blanket Order as your authorization to deliver. All invoices must reference each unique document number. If you have any questions, please contact Robert Lowery at (954) 921-3552 7, L c: Public Utilities Water Treatment Plant Finance blanket (rev. 5119/99) "An Equal Opportunity and Service Provider Agency" Page 35 of 585 FORMAL BID# INFORMAL BID # ❑ RENEWAL OF FORMAL BID # EXTENSION OF FORMAL BID/RFP# WRITTEN QUOTATION #: Joe Frank 0 VERBAL QUOTATION PER FI STATE OF FLORIDA CONTRACT ft D BROWARD COUNTY BID# El OTHER: NTSS-007-17 The term of this order is 3111/2017 through 3/10/2020 The estimated annual dollar value is $109,000.00. DATED-. DATED-. DATED: DATED: 1-31-17 DATED: DATED: Approved via R-2017-084 The obligations of the City of Hollywood under this order are subject to the availability of funds lawfully appropriated for its purpose by the City Commission and are subject to the terms and conditions contained on the Purchase Order form. The City of Hollywood Departments will issue hard copy orders against this Blanket Order as your authorization to deliver. All invoices must reference each unique document number. If you have any questions, please contact Robert Lowery at (954) 921-3552 7, L c: Public Utilities Water Treatment Plant Finance blanket (rev. 5119/99) "An Equal Opportunity and Service Provider Agency" Page 35 of 585 H El U H LL m H G 2 U i 7 CJ r lj V' r -I E C7, U5 m \ Z G o 7 O N wi '.✓1 N r 0 FG E N U a C o ca � v7 Pa U �1 cJ a U m H C w z E C„ z a w I a D O W O C14. H Q i T n c4,7 C] to ' H O P4 CL w rl Q� � LL C4 � FL W [i, W -4 a, a, m >mo,zaz�n,xaC4Z-4�r, D N GUUUUU CSUU G U3 t!) ria VI i!1 U7 Efi v] U1 CY W�QW W W W W W 10 nor_ cl, `]Cl fa (.RC1 mQ m G3 a O UL70OOOCrJO G H sC f] -i e.i f.1a G G+ Pa "?, CL W m ,-,7 :i; mmmm WmCmmm Page 36 of 585 TERMS AND CONDITIONS The following Terms and Conditions are applicable to this order entered into by and between the City of Hollywood (referred to as Buyer) and Vendor (referred to as Seller). MODIFICATIONS This purchase order form, and any other document pertaining to this transaction which has been acknowledged in writing by the Director is a complete and exclusive statement of this order. Accordingly no modification or amendment shall be binding upon the Buyer unless signed by the Director. The City Attorney has approved these standard terms and conditions as to form and legality. Accordingly no modification of these terms and conditions shall be binding upon buyer unless they are endorsed and approved by the City Attorney. In the event of a conflict between these terms and conditions and any other document pertaining to the transaction covered by this order, these terms and conditions shall prevail. ASSIGNMENT Any assignment of this order or the performance of work hereunder, in whole or in part, is prohibited. EXCUSABLE DELAYS The Buyer may grant additional time for any delay or failure to perform hereunder if the delay will not adversely impact the best interests of the Buyer and is due to causes beyond the control of to Seller. Such grant must be in writing and made part of the order. DEFAULT In the event of default by the Seller, Buyer may procure the articles or services covered by this order from other sources and hold to Seller responsible for any excess costs occasioned thereby, in addition to all other available remedies at law or equity. TERMINATION Buyer, acting through its City Manager or his/her designee, reserves the right to terminate this order In whole or in part for default (a) if Seller fails to perform In accordance with any of the requirements of this order or (b) If Seller becomes insolvent or suspends any of its operations or if any petition is filed or proceeding commenced by or against Seller under any State or Federal Law relating to bankruptcy, reorganization, receivership or assignment for the benefit of creditors. Any such termination will be without liability to Buyer except for completed Items delivered and accepted by the Buyer. Seller, will be liable for excess costs of reprocurement. F.O.B. In those cases where F O.B. point is not Destination, Seller is required to prepay freight charges and list separately on invoice. Collect shipments will not be accepted. TERMS By accepting this order, the Seller agrees that payment terms shall be Net 30 unless otherwise stated. INVOICING Seller must render original invoice to the City of Hollywood, Department of Financial Services, P.Q. Box 229045, Hollywood, Florida 33022-9045. TAX The City of Hollywood is exempt from Federal and State taxes for tangible personal property. Sellers doing business with the City, which are not otherwise exempt, shall not be exempt from paying sales tax to their suppliers for materials to fulfill contractual obligations with the City, nor shall any Seller be authorized to use the City Tax Exemption Number in securing such materials RESPONSIBILITY Responsibility will not be accepted for any goods delivered or services performed unless covered by a duly signed and authorized City of Hollywood order, issued by the Procurement Services Division. ACCEPTANCE Sellers acceptance of this order will be presumed unless Seller acknowledges exception, in writing, to Buyer within ten (10) calendar days after date of order. DELIVERIES Deliveries are to be made during the hours of 7:30 a.m. to 4:00 p.m. Monday through Friday, excluding holidays, unless otherwise stipulated. Seller shall notify the Buyer of deliveries that require special handling and/or assistance for off-loading. Failure to notify the Buyer concerning this type of delivery will result in the billing to Seller of any add-on redelivery, storage or handling charges. INSPECTION All Commodities delivered on this order are subject to inspection upon receipt by a representative of the Buyer. All rejected commodities shall remain the property of the Seller and will be returned at the Seller's expense. QUANTITIES Quantities specified in the order cannot be changed without Buyer approval. Goods shipped in excess of quantity designated may be returned at the Seller's expense. PAYMENT CHANGES Payments will be made only to the company and address as set forth on order unless the Seller has requested a change thereto on official company letterhead, signed by an authorized officer of the company. ANTI -DISCRIMINATION Sellers doing business with the Buyer are prohibited from discriminating against any employee, applicant or client because of race, creed, color, national origin, sex or age with regard to but not limited to the following: employment practices, rates of pay or other compensations, methods and training selection. UNIFORM COMMERCIAL CODE Florida law, including without limitation the Uniform Commercial Code (Chapter 670 — 680, Florida Statutes), shall apply to and supplement the terms and conditions of this order. Venue shall lie in a court of competent jurisdiction in Broward County, Florida. LEGAL RESPONSIBILITY By accepting this order, Seller understands and agrees that the items covered herein, or services to be rendered, shall be manufactured, sold or performed in compliance with applicable Federal, State, County and Local laws, ordinances, rules and regulations. Lack of knowledge by the Seller shall in no way be a cause for relief from responsibility LIABILITY - COPYRIGHTIPATENT/TRADEMARK Seller shall save and hold harmless Buyer, its officers, employees and agents from liability for infringement of any United States patent, trademark or copyright for or on account of the use of any product sold to Buyer or used in the performance of this order. INDEMNIFICATION Seller shall indemnify, hold harmless and defend Buyer, its officers, employees and agents from and against any and all claims, damages, liability, judgments or causes of action, including costs, expenses and attorney fees, incurred as a result of any error, emission or negligent act by the Seller, its officers, employees, agents, subcontractors or assignees arising out of this order. OCCUPATIONAL SAFETY AND HEALTH Seller must comply with requirements under Chapter 442, Florida Statutes, that any toxic substance delivered as a part of this order must be accompanied by a Materials Safety Data Sheet (M,S.D.S.). REPRESENTATIVE All parties to this order agree that the representatives named herein are, in fact, bonafide and possess full and complete authority to bind said parties, PUBLICITY No endorsement by the City of the product and/or service will be used by Seller in an way, manner or form in product literature or advertising, INSURANCE The Seller of services must have secured and maintained the required amount of $1,000,000 general and $500,000 automobile liability limits and must list the City as an additional insured of this coverage. The Seller must have worker's compensation coverage as required by law. Any exception to the above stated limits or other requirements must be endorsed and approved by the City of Hollywood Risk Manager. Page 37 of 585 ago D Notice of Intent to Award a Sole Source Procurement Date: February 15, 2017 NTSS-007-17 Due Date for Comments: February 22, 2017 E-mail Address: rlowery@hollywoodfl.org THIS IS NOT A COMPETITIVE BID The proposed contract action is for product or services for which the City of Hollywood intends to negotiate and award with only one source under the authority of the City of Hollywood City Code Section 38.40 (C) (3) Sole -source supplies and services. Any responses received as a result of this Notice of Intent shall be considered solely for the purpose of determining whether to conduct a competitive procurement in the future. Responses will not be considered as proposals, bids, or quotes. The Procurement Services Division has received a request to make the following sole -source procurement: Requesting Department/Office: Public Utilities Product and/or services to be purchased: Nalco PC -1850T Antiscalant. Anticipated Cost: $109,000.00 Sole Source Justification: Nalco Company is the sole manufacturer of the Nalco PC -1850T. Action To Be Taken: No action is required if you agree this proposed purchase is a valid sole -source. If you do not agree that this proposed purchase is a sole -source, you may respond by submitting in writing their name, address, point -of -contact, telephone number, email, and a statement regarding capability to provide the specified procurement. Interested firms will be considered only if they respond with clear and convincing documentation that they are capable of meeting or exceeding the requirements stated herein. All responses received within five (5) business days after the date of publication of this synopsis will be reviewed by the City. All responses must be in writing and returned to ATTN. Robert Lowery, by Email or Facsimile number 954-921- 3086 prior to the "Due Date for Comments." Please do not submit a bid for this public posting. Procurement Services Division 2600 Hollywood Boulevard, Room 303 Hollywood, Florida 33020 Page 38 of 585 CITY OF HOLLYWOOD, FLORIDArLa PROCUREMENT SERVICES DIVISION M Sole Source Justification Form 1' 7 (Use for Purchases(s) in excess of $5,000) Per City of Hollywood Ordinance § 38.40 (C) (3) 'sole source' purchases are exempt from theC7, competitive bid and competitive proposat'requirements. Sole -source supplies and services, such as uniqUr6-,' M cn patented, or franchised supplies or services, are exempt if the Director of Procurement Services determines, after a good faith review of available sources, that a particular supply or service is available from only one source. Date 02102/2017 Department/Office Public utilities Contract Administrator Carlos Aquilera Phone 954-967-4230 1- Requested Vendor NALCO Division/Area 4011 Title 'Public Utilities Manage Email caguileraAhollywoodfl,org Vendor Number 29785 Address 875 Concourse Parkway South- Ste 150 Maitland, FL 32751 Contact Person Joe Frank Phone 704-236-1889 Title Corp Acct Mgr. Email ifranE@nalco.com 2, Product/Service being requested (be specific). Nalco PC -1850T Antiscalant for use in Potable Water RO Membrane Treatment ANSI/NSF Standard 60 3. Detailed description of the product/service function and purpose, Potable Water RC Membrane Antiscalant additive. After extensive Dilot testing and water oualitv analysis at the Hollvwood Water Treatment Plant Nalco has coven over the last 8 years, to be the best option for City of Hollywood's raw water guality characteristics. The specific chemical make up for the Nalco PC -1850T has consistently shown longer operational runs between membrane cleaning which is directlyrelated to less fouling or build up on the -membrane surfaces, Due to the chemical makeup of this product, less build up on the membrane surfaces relates direct) to reducing cleaning frequency and cleaning chemical cost. Also, the Nalco ,Com pany.provides and maintains the water plants operations system to measure exact dosage in the water which no other company can provide. This system provides for optimal dosage and serves as an additional guarantee that 1. We are feeding Antiscalant and 2. Exactly how much Antiscalant we are feeding to within I mg/L. The ability to fine tune the dosage rate saves Procurement Service Division use only Requisition # R Purchase Order # P (As Applicable) (As Applicable) (Revised 9/2015) Blanket Purchase Order # BPO 'G CO 16 1 (As Applicable) Page 39 of 585 Hollywood on chemical costs over time. The dosaae measuring system is provid.ed.and maintained for all Hojl�nLood membrane,,operations at no cost.to the q1ty as it is included in the cost of the antiscalant. 4.Please explain iodetail why this vendor is the sole source supplier for the required productlservice, 8msure tu explain the necessary features this vendor provides which are not available from any other vendor. There are no other providers of Nalco PC -1 850T besides the Nalco Company as they are the manufacturer. In order to allow for competitors, the COH will need to require extensive pilot testing (at least 6 months to, a,,y the competitor(s) must have to provide an acceptable test membrane skid,,set. up and operate at our facility, tie into our raw water and concentrate dischange lines, collect data and have Hollywood and its governing regulatory agencies approve the test and water quality results before we can consider them as an option. The will also nee d to.provide the same type of monitoring methods using fluoresce to measure exact dosage and replace the existing equipment without interruption of service 5,Please explain indetail what process the took to verify that there are noother vendors or products/services available 0zperform the required function, In 2008 and again in 2016 the City of Holl)Lvvpod used and tested AWC Chemical products and others as a pilo test and the products failed -to provide, adeguate protection for the membranes. 6. Please submit supporting documentation from the vendor or other sources certifying that this vendor is a sole source for the required product/service being requested, For example, the vendor ho|dothedistributiomdghts. productions rights, copyrights, trademark and/or patent: Vendor holds the exclusive rights for the Vendor is the sole provider of the product/service that has unique characteristics essential to the needs which nnother product incapable. 2 product is replacing existing product and necessary to maintain warranty or service contract, El Product is replacing existing product and is not interchangeable with any other product. 7.Total cost ofthe requested producUservice?$1{X9,0D8]00 & Total estimated annual (fiscal year) cost ofrequested p/oduoUservice?$i{X9,{X}D-)D Account Number(s) 42.4011.00000.536.005233 9�|mthis product/service covered byawarranty? [I Yes r�jNo Ifyes, please attach ocopy ofthe warranty details. 10. Would this purchase(s) result in the potential of future purchases for reiated prod ucts/services being restricted to a particular vendor or create a specific vendor as sole source provider for related items? If yes, please describe the related prod uots/services and estimated cost(sl 11 . Would this purchase(s) result in any future maintenance costs which are not included in the initial purchase? Procurement Seryke-Division use only Requisition# R PurchaueUrder# (As Applicable) (As Applicable)i (Revised 9/2015) Blanket Purchase Order # BPO -80OD9 (a I (As Applicable) Page 40 of 585 If yes, please attach a draft maintenance plan which includes cost estimates and funding source(s.) 12. Is this a grant related purchase? F-1 Yes E No If yes, please provide details (timeline, expiration dates, milestones, special procurement requirements, etc.) Will this require matching funds? E] Yes Ej No What is the grant source? What is the grant (dollar) amount? 13, Please complete an advanced search of the vendor recommended for award on the Federal Government's Systems for Award Management at +,%jvjvj 6ari,=.Clw)�. Date of Advanced Search Company Narne(s) Searched Search Results WARNING: Per Florida Statutes 838.22(2) - "it is unlawful for a public servant, with corrupt intent to obtain a benefit for any person or to cause un;lawful harm to another, to circumvent a competitive bidding process required by law or rule by using a sole -source contract for commodities or services. I recommend that the competitive quoting/bidding process be waived and that the goods/services be purchased as a sole sp&rce. k Contract Amjqi t for Signature Date Supe s Si nature Date iii actor s Signature (required over $15,000) Date Procurement Service Division use oniv Requisition 4 R Purchase Order # P_ (As Applicable) (As Applicable) (Revised 9/2015) Blanket Purchase Order # BPO 200A (0-1 (As Applicable) Page 41 of 585 APPROVAL (Procurement Service Division Use (only) Verified By: Date Approved By: Date Procurement Service Divrsic�n use only Requisition # R Purchase Order P Blanket Purchase Order # BPO B0021 (I I (As Applicable) (As Applicable) (As Applicable) (Pevised 9/2015) Page 42 of 585 January 30, 2017 City of Hollywood 2600 Hollywood Boulevard, Room 303 Hollywood, FL 33020 Phone: 954-921-3552 Fax: 954-921-3086 Email: rloweryC@hollywoodfl.org Attn: Rob Lowery - Procurement Contracts Officer Subject: Sole Source Representative of Nalco PermTreat5'fluorescent-tagged membrane antiscalants PC -1850T Dear Mr. Lowery: This letter is to provide notification that Nalco Water is the sole source provider of Nalco PermTreat'5fluorescent-tagged membrane antiscalant PC -1850T. This letter also confirms that the antiscalant and control system called Nalco's 3D TRASARO for RO SYSTEMS, also referred to as RO TRASAR, is only available from Nalco Water. 3D TRASAR is a patented process combining both chemical and monitoring components to monitor and control chemical addition. A properly implemented 3D TRASAR for RO System ensures that the dosage of the selected antiscalant is continually and correctly being delivered to the process. This is essential for keeping membranes free from scale. Nalco is the sole source provider of 3D TRASAR for RO system enabled scale inhibitor and monitoring/control systems. If you have questions regarding this issue, please contact myself or your Nalco Water contact Joe Frank at 704-236-1889. Sincerely, Jason P Fues Sr. Operations Manager Municipal Water Division Nalco Water, An Ecolab Company Page 43 of 585 Mr. Robert Lowery Procurement Contracts Officer City of Hollywood Department of Financial Services Procurement Services Division 2600 Hollywood Blvd, Room 303 Hollywood FL 33020 Subject: Antiscalant Offer Dear Robert: VV DiFHL iROAD NAPERVILLE, �;- 6V-363-1 19,8 January 31't 2017 Thank you for your continued interest in the Hollywood / Nalco Water partnership. As we've discussed, we are at the end of a contract period. Both the Hollywood plant and Nalco would like to extend or continue our partnership for another 3 year term. With that, Nalco Water would like to make the following offer. Nalco will maintain the price of the PC1850T antiscalant at $1.19/lb or $11.90/gal F.O.B. destination in bulk quantities for the 3 year extension. Nalco will provide a sole source letter to Hollywood on the chemistry and 3D TRASAR technology. Nalco will continue to provide and service Hollywood with 3D TRASAR monitoring equipment. These units control our chemistry to within 0.1ppm, unlike other control systems that may control +/- 10ppm. This has a positive effect on chemical consumption and minimizes overall chemical use. This unique control technology has protected the membranes at Hollywood for over 8 years. Nalco Water, a division of Ecolab (a $15 billion company), will continue to provide resources to Hollywood, such as: o Lab support o phD support • Industry leading technical advancements Nalco will continue with site visits on a minimum of a monthly basis. Living in Naples, I'm 1.5 hr. from your plant and our local office is in Orlando. Please bear in mind that all previously mentioned services, technology and equipment are included in the price of the PCI850T Page 44 of 585 NALCO Wa t e r NA'PE FI L !- E. I' 6) 0!,.- pis` -1 198 An Ecolab Company We trust that this will help Hollywood make a decision to maintain our partnership. Hollywood and Nalco invested over 6 months of trialing prior to making this decision 8 years ago and both parties have enjoyed the success of proper membrane maintenance. Also, Pompano Beach is now wanting to piggyback off of you, where Hollywood has piggybacked off them in the past. This offer will be in effect March 11" 2017 thru March 1 Oth 2020. Note: This offer is also extended to the City of Pompano Beach and City of Boynton Beach If you have any questions, please don't hesitate to call me Sincerely Joe Frank Corporate Account Manager n Cell 704 236-1889 ifrankQDnalco-com Page 45 of 585 City of Hollywood, Florida, #NTSS-007-17 - Nalco PC-1850T Antiscalant, Page 1 of 2 1 v I Welcome dmainero@hollywocdfl org I Logciut Need assistarice' LWOOD Contact Los F'� L. C:s R WOOD A 9 Home Search Source Tools Vendor view of bid Bid 4NTSS-007-17 - Nalco PC -1950T Anti scalant. NOTICE TO SOLE SOURCE C1 Time Left Bid has ended. Time Started Feb 14, 2017 2:42:05 PM EST Time Ended Feb 22, 2017 5:00:00 PM EST Agency Information City of Hollywood, Florida, FL (view agency's bids) Department Public Utilities (view department's bids) Bid Classifications Classification Codes Bid Regions Regions Bid Contact see contact information View Rules Click here to change the rules for this bid. Best and Final offer: Create Approval View Approval Flow View Approval Flow Approval Status Approved Description Schedule - Task El Note Chat I Description I Attachments Notifications Repot (BidderActiviry} A of suppliers that viewed 100 View) Q & A View Ouestons & Answers Q&A Deadline: Feb 22, 2017 100:00 PM FST Bid Number NTSS-907-17 Title Nalco PC- 18St1TAnbscalant. Budgeted Amount $109,000.00 chap g Estimated Amount $109,000M Estimated Amount $$109,000.00 (This price is estimated - ro€guararvteed) Description Nalco Company is the sole rnanufacturerof the Nalco PC -18507. The proposed contract action is for product or services for which the City of Hollywood intends to negotiate and award with only one source under the authority of the City of Hollywood City Code Section 35.40 (C) (3) Sofa -source supplies and services. Any responses received as a. result of this Notice of Irlent shall be considered solely for the purpose of determining whether to conduct a competitive procurement in the future. Responses will not be considered as.propi bids, or quotes. Documents 0 I,M NTSS-007-17 Nalco.odf Id—loadl Contractor AdvertisEements There are nc advertisements on this solicitation. NOT AWARDED REASON The City of Hollywood did not receive any responses to the NTSS and will proceed with award to Nalco Company. Select All I Select None I Download Selected View All Acis Product Feedback PER p 585 lettps://w ��.bidsyne.c:oni/DPX?ac=v .ew�'&auc=2010187 �'7�3 1 City of Hollywood, Florida, #NTSS-007-17 - Nalco PC -1850T Antiscalant. Page 2 of 2 Questions? Contact a BidSync representative; 00-990-9339 or email: support2bidsync.corn I-M[T' 1 Ea Search I Bids d E21s, Tuc,l= i Suppor� Pnvacy i bDj'0 [ Copy! 999 2U17 - B d y r)c All igh i:s rese�ied, Product l littps.//w�. xv.bidsync.coin/DPX?ac=v ew&auc=?010187 P OPS! 585 6.B. CONSENTAGENDA 5/16/2017 REQUESTED ACTION BY COMMISSION: Award the bid for "Two Year Bid for Hydraulic Cylinders and Valves, Parts and Repairs", Bid #039-2516-17/ITto Construction Hydraulics of Lake Worth, Inc. of Lake Worth, FL for an estimated annual expenditure of $65,000. EXPLANATION OF REQUEST: Initial Bid Period: May 17, 2017 - May 16, 2019 Procurement services opened and tabulated two (2) proposals for the Two Year Bid for Hydraulic Cylinders and Valve Parts and Repairs. It has been determined by staff to award the bid to Construction Hydraulics of Lake Worth, Inc., as the low bid. The low bidder is our current vendor and we are satisfied with their work and their expedient service which is imperative to the Fleet Division. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The Fleet Maintenance division will use this contract to provide service support to equipment for City departments such as Solid Waste, Fire Rescue, Utilities and Police. FISCAL IMPACT: Budgeted Funds will be expended from Fleet Maintenance account 501-5000-590-09-82 ALTERNATIVES: Utilize the use of confirming purchase orders for repairs. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: CONTRACTS Page 48 of 585 VENDOR NAME: Construction Hydraulics of Lake Worth, Inc. START DATE: 5/17/2017 END DATE: 5/16/2019 CONTRACT VALUE: MINORITYOWNED CONTRACTOR?: No EXTENSION AVAILABLE?: Yes EXTENSION EXPLANATION: Two (2) additional (1) year terms are available for extension periods. ATTACHMENTS: Type D Tab Sheets D Attachment REVIEWERS: Department Public Works Finance Legal Finance City Manager Description Tab Sheet Bid Submittal -Const Hydraulics LW Reviewer Action Date Livergood, Jeffrey Approved 4/28/2017 ® 10:23 AM Howard, Tim Approved 5/5/2017 ® 2:34 PIM Swanson, Lynn Approved 5/10/2017 ® 9:07 AM Howard, Tim Approved 5/10/2017 ® 11:10 AM LaVerriere, Lori Approved 5/10/2017 ® 1:52 PIM Page 49 of 585 mm I LO m LO 0 O LO ¢ 2 n � a 3 ra co caw z C i z w ui z I LO co LO 0 LO (D 0) m a r z IE LL - IL LU 99 01, c uj a 3 ra co caw z C i z w ui z I LO co LO 0 LO (D 0) m a r ORIGINAL Page 52 of 585 1 1-:1111• ! '' Bids will • = opened 2ND FLOOR unless otherwise designated. AUEATION-ALLRESPONDENTS: Copies of this soliclitaflon package may be obtained from Demandstar at Onvia al www.deman&tar.com or by calling 1-800-711-1712. Dernandstar distributes the City's solicitations through electronic download. If you prefer that a copy be mailed via U.S.P.S., please contact• Division copies of this solicitation from sources other than Demandster or the City's Procurement Services Division may potentially risk not receiving certain addendum(s) issued as a result of the solicftatioT. Page 53 of 585 J1LplI1 *1 If -;[•] -31 �l ► [��IK�'�r'�il� r1I and/orThe City of Boynton Beach is seeking a source to provide the Public Work&/Fleet Management Department with a cost effective and timely service for the repair of hydraulic cylinders, valves, controls, motors, and pumps for mobile and industrial equipment including related parts, repair kits . •. - F • !. f - I ! 777= Y 1r-1 MUM C• ! . The successful bidder shall provide services in accordance with the fbilowing conditions and • a A. x Items l repair =is hoses • cylinders) be picked up within twenty-four hours and returned fbrty-eight hours after pick-up. B. x Priority work assignments are necessary for all NFlre and Life Safetyu resources. C. x The City fleet contains units with small single action cylinders on lawn mowers to double action mufti -stage cylinders on garbage compaction units. '11-7-71- • • - Y ♦ • Fleet service technicians will remove and replace all minor and maj components. G. x Vendor will supply miscellaneous parts for hydraulic cylinders and valves at a discount — percentage (%) off list price. A copy of list prices for parts is to be submitted With the bid proposal for price comparison(s). COMPANY NAME: _Conliruction Hydraulics of LK Inc. Page 55 of 585 'Tendor will have personnel assure1. x All. repairs and service work will be randomly inspected by Fleet Maintenance to quality, safety, and serviceability. J. x Vendor will provide pick-up and delivery service to and from Public Works, Fleet Maintenance •• 222 NE 901 Avenue, Boynton Maintenance will have the option to transport parts to and from Fleet to expeditz ♦ K. All bid prices are F.O.B. Fleet Maintenance, 222 NE 9TH Avenue, Boynton Beach, FL 33435. L. x The Fleet Maintenance Department hours of operation are Monday through Friday from6:30 A.M.♦ # N. x Vendor will capture and properly dispose of all waste petroleum products at vendoes service facility. management.1. x All replaced parts will be properly recycled through approved waaft X Vendor will maintain an inventory af proper service tools and parts required for ♦o' r repair work. Q. x Vendor will provide the correct grade of lubricants required by equipment manufacturer ibr all service► #r repair work. S. x Vendor will provide detailed invoicing to Fleet Maintenance Supervisor for each repair/service providing Fleet with the information to update repair and service history records fbr equipment. COMPANY NAME: "I Construction City of Boyntm Bawk Did- 1 1 Page 56 of 585 Page 58 of 585 E. IF THE CONTRACTOR QUESTIONS APPLICATIONOF • r TO THE CONTRACTOR'SDUTY TO PROVIDE PUBLIC RECORDS TO THIS CONTRACT,•CUSTODIAN OF PUBLIC RECO19M.1.11.14- JUDY 0 E BOYNTON BEACH BLVD. BOYNTON BEACH,• 561-742-6061 Imo'/ q ::prc,lail� City of Boynton Bmch Bid.039-2516-17/IT 12 Page 64 of 585 AWACHMENT fit. 1, w. .. +, r7t r e 1 ,.. �as y , ., �.... , . .i,. ,.. , �•, �� ,✓jl,l�: #� !,1< I1y#L lil i 1 l�f k� i4:l fyi�1'#::1f, rfl I4d # «A •k aid ie 1.: t # 1.: ill h 1 f 1 + 1. ' # u,;y +l ifwl Ili City of Boynton Beach Bid No. 039-2516r17/IT Pa" 67 of 585 �5 I �S r y fi City of Boynton Beach Bid No. 039-2516-17/IT Pag 68 of 585 0' Submit •iii : to: PROCUREMENT 11 E. Boynton Beach Boulevard P.O. Box 310 Telephone:Boynton Beach, Florida 33425-03 l Irlid Title: TWO-YEAR AGREEMENT FOR HYDRAULIC CYLINDER AND VALVs- PARTS AND REPAIRS 10-1111 •= 1 ir�,j 11111111 1111r, 7111111 F11 17111111111 11111 illy All awards made as a result of this bid shall conform to applicable sections of the charter an. -*- odes of Name of Vendor. Construction Hydraulics of Lake Worth, Inc. Federal I.D.u r: - 2528453 Corporation of tFlorida • Lake Worth FL 33460 �r Brian Filipowski UQ City of Boyntoni o. 039-2516-17/IT Page 69 of 585 11.111113 PROPOSAL TO THE CITY OF BOYNTON BEACH, FLORIDA BID NO.: 039-2516-17/IT When submittingmorethan one bid proposal • te for this service, please attach a separate proposal ♦ • f- f • ♦• IT 711,17111 k:i f f f f a ♦oro M,11*41141s We understand thatfo• T to quote a majorrft • the unit torndown, so please include the following in your bid proposal: DO YOU INVENTORY MATERIALS TO MAKE TWO INCH HOSES? IF "YES", WHAT PERCENTAGE (%) DISCOUNT • BOYNTON BEACH? •PRICE Is IT- -♦! ir■- 1, COST FOR SYNTHETIC BASED HYDRAULICPER GALLON COST FOR NON-CONDUCTIVE HYDRAULIC FLUID PER GALLON WORNfDAMAGED PARTS DISPOSAL COSTS PERCENTAGE DISCOUNT OFF LIST PRICEFOR MISCELLANEOUS PARTS R 50.40 1 r 50.00 1hr Yes ZI-LYes/No.�� ____ 9 92 u.. 17.651�a1. $ 12.7819af. �? 1 r part In Page 70 of 585 Price List Including b Inch hoses submitted No ••' • a r =----- =TT Warmnty Period for Labor (attach separate sheet if necessary) One Lein Number of Bid Proposals ;,d Specification "check -*W' sheets (Pages 3 - 4) submitted Yes YeslNo Bid pricefor • a •'two years fromdate ofaward Yes Construction Hydraulics_ Brian Filipowski • 19 Page 71 of 585 BID NO.: 0 To * • ■ �► 1) He/She Is . Prelident, of Construction Hydraulics of Lake Worth, Inc. R ♦ ♦ f A or Firm) CYLINDERthe bidder that has submitted the attached bid: uA TWO YEAR AGREEMENT FOR HYDRAULIC 2) He/She is fully informed respecting the preparation and contents of the attached bid and of al-. pertinent s#- # such R! 4) Further, the # bidder • of officers,partners,owners, agents,representatives, employees or parties interest,R #this affiant, has in any way colluded,conspired, connived or # --•' directlyor #with other bidder, or person to b collusive or sham bid in connection with the Contract for which the attached bid has been submitted or torefrainbidding in connectionor directly or indirectly,soughtagreementor A s• or # ! conference any other bidder,# A Afix theprice or prices# bid or Aanyother Contract;bidder, or to fix any overhead, profit or cost element of the bid price or the bid price of any other bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Boynton Beach or any person interested in the proposed and 5) The price or prices quoted in the attached bid are bir and proper and are not tainted any collusion, or unlawful agreementon p.: of R E i Y or any of its agents, representatives, owners, employees, or parties in interest, lncludin.! this afflant. (Signed) - Al z ed.:,. _ Subscdbed and sworn to before me (Title) President This NWARYPLOW My commission expires Q' ZQ e 1 THIS I IN ORDER FOR BID TO BE CONSIDEREDL E T L 2 Page 72 of 585 • t Sworn ! subscribed before this day of NOTARYPot . I , -I A 924 R go] PUBLIC,of ►: Largeat f xxNOTARY PUBUC � � F 'STATE "�-. `A Expilres }Pn r M 4 Me]; 9 ; 9 Lol 0.0 a il [61 W, Z� M i P - f B. ! rte l i I, L, IrR # • r ! ► A0 M-T!G7%7M7 COMPANY 1 m Page 73 of 585 R - M .- v.: a part oT oLF MR16F tuture use ana intormation.Please indicate in the appropriate spaces provided which category best describes your company. Return this form with your bid proposal sheet making it an official part of your bid response. Is your company a Minorlity Owned Business? x No' -- If I indicate " in the appropriate INDIANAMERICAN {ASIAN {}BLACK } HISPANIC WOMEN {OTHER (specify) NOTAPPLICABLE Do you possess a Certification i Ing your business as a MinorityBusiness? YES NO X r; ; .; ..- -._ ... 1 I— WT-1411�, 22 Page 74 of 585 _', ■ NO.: PAAWM ■- 1 ! R,', v R • - # .::., _ u ! `. ! _ _ # : } ^. ! ! . -i ;. Vii. - � _',. -. 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees fbr violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that a underbid _ II! ofthe statement specified subsection 4) In the statement specified in subsection (1), notify the employee that, as a condition working on the commodities or contractual services that are under bid, the employee w abide by the terms of the statement and will notify the employer of any conviction of, or pie - of guilty or nold contendere to, any violation of Chapter 893 or of any controlled substanc- law of the United States or any state, for a violation occurring in the workplace no later tha five (5) days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee !is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation ofthis section. As the person authorized to sign the statement, I certify that this firm complies fpIly the above ♦ 4s. # 1 Page 75 of 585 R ! LO ■ AND VALVE PARTS AND REPAIRS y i i ii -� � � � #�� _ _, � r 1 i � �! ♦ " � ! • it v } _ i M1, 9W. WIRMO. PRO 0 11qV1W*hz*;1'1 The contractor understands and agrees that in addition to all other remedies a - consequences provided by law, the failure of the Contractor or its subcontractors lower tier subcontractors to fully cooperate with the Inspector General when request - may be deemed by the municipality to be a material breach of this contract justifying terminatioTi. M r M Page 76 of 585 - *f If you are not bidding this service/commodity, please complete and return this form to. PROCUREMENT SERVICES, City of Boynton Beach, 100 E. Boynton Beach Boulevard, P.O. • 1 Boynton• ♦_ f for of Boynton E A 1 ADDRESS: . ! Wall : • i - • . . - •' . .' . t T# r-TITT, ILTM711 03=4 FFM 745M 1, I.:t �. c�� ►�1 �i:+�� I Specifications too "tight", i.e., reared toward brand or manufacturer only (explain Insufficient ti r) the Invitation to Bi We do not offer this prodi,,j-r..t or an equivalent Our product schedule, V'Vould not permit Unable to meet apr,,cifications Unable -- • requirements • below) Page 77 of 585 6.C. CONSENTAGENDA 5/16/2017 REQUESTED ACTION BY COMMISSION: Approve increasing purchase order #170065 to South Florida Emergency Vehicles from $20,000 to $50,000 as a sole source purchase. EXPLANATION OF REQUEST: Fleet Maintenance is requesting an increase to blanket purchase order #170065 as this is the sole source vendor to service and maintain this brand of Fire apparatus for the Fire Department vehicles. We have exhausted the original $20,000 requested on the beginning of the fiscal year. We are requesting the increase to provide for parts, repairs and warranty work associated with Sutphen fire related vehicles for the remainder of the fiscal year. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The Fleet Maintenance division will use these funds to service and repair vehicles for Fire Rescue. FISCAL IMPACT: Budgeted Estimated Fleet Maintenance annual expenditure is $50,000. ALTERNATIVES: The alternative would be not to have the Fire Department vehicles serviced or maintained leaving the resident with unresponsive emergency services. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: CONTRACTS VENDOR NAME: Sutphen Corporation START DATE: Page 79 of 585 END DATE: CONTRACT VALUE: MINORITYOWNED CONTRACTOR?: No EXTENSION AVAILABLE?: No EXTENSION EXPLANATION: ATTACHMENTS: Type D Addendum REVIEWERS: Description Sole Source Letter from Sutphen Department Reviewer Action Public Works Livergood, Jeffrey Approved Finance Howard, Tim Approved Legal Swanson, Lynn Approved Finance Howard, Tim Approved City Manager LaVerriere, Lori Approved D ate 5/8/2017 ® 3:26 PM 5/9/2017 ® 10:35 AM 5/9/2017 ® 4:59 PM 5/9/2017 ® 5:49 PM 5/9/2017 ® 7:21 PM Page 80 of 585 S�UTPHEN Adhanna(Sreoo-Arendbia City ofBoynton Beach Public Works 222NE91x Avenue Boynton Beach, FL 33435 RE: Factory Authorized Parts and Service in Florida Dear Ms. Greco-Arencibia, am" August 162O16 This letter is to advise you that South Florida Emergency Vehicles is the only authorized distribution source for providing authentic replacement parts and performing warranty work on your Sutphen Fire Trucks for the state of Florida. Furthermore, South Florida Emergency Vehicles has the only factory trained technicians qualified to carry out service repairs to ensure warranties remain intact. If you have any questions or concerns, please let me know. Best Regards, Clark A.Green Lead Sales Application Engineer (South East territory) Sutphen Corporation PO Box 158 o Azn26u, 0]B 43802'0158 6450E1terzoun Road eDublin, 8EU4281G-@7II Tel 614 889-1005 o Toll Free 808848-58G0* Fax 81488y -U874 Page 81 of 585 I CONSENTAGENDA 5/16/2017 REQUESTED ACTION BY COMMISSION: Accept the written report to the Commission for purchases over $10,000 for the month of April 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 April 2017: Purchase Order Vendor Amount 170602 RDK Truck Sales & Service $ 14,000.00 170835 Pantropic Power, Inc. $ 16,901.00 170988 Tyco Integrated Security $ 23,030.94 170993 Ferguson Underground Inc. $ 11,699.00 171027 Coastal Millworks, Inc. $ 10,850.00 171039 & 171040 Hartzell Construction, Inc. $ 11,270.00 171057 Waco Filters Corp. $ 10,035.00 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 82 of 585 CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type D Attachment REVIEWERS: Department Finance Finance City Manager Description Purchases over $10K Backup ® April 2017 Reviewer Action Howard, Tim Approved Howard, Tim Approved LaVerriere, Lori Approved D ate 5/5/2017 ® 1:51 PM 5/5/2017 ® 1:51 PM 5/9/2017 ® 7:21 PM Page 83 of 585 CITY OF BOYNTON BEACH APPROVED REQUESTS FOR PURCHASES OVER $10,000 FOR APRIL 2017 1. Vendor: RDK Truck Sales & Service Purchase Amount: $14,000.00 Requesting Department: Public Works Contact Person: Bill Darty ate: Change Order - 4/7/17 Brief Description of Purchase: D Original purchase order was in the amount of $7,403 and a change order in the amount of $6,597 was requested bringing the total purchase order to $14,000. This PO is for the rental of the roll off truck needed. Source for Purchase- Emergency Purchase Fund Source: 431-2515-534-49-17 2. Vendor: Pantropic Power, Inc. Purchase Amount: $16,901.00 Requesting Department: Utilities Contact Person: Michael Low Brief Description of Purchase: Date: Change Order - 4/7/17 Original purchase order was in the amount of $9,801 and a change order in the amount of $7,100 was requested bringing the total purchase order to $16,901. This PO is for an emergency generator rental for the East Water Treatment Plant. Source for Purchase: Emergency Purchase Fund Source: 401-2811-536-44-30 3. Vendor: Tyco Integrated Security Purchase Amount: $23,030.94 Requesting Department: Police Contact Person: Capt. Zeller Date: 4110/17 Brief Description of Purchase: This purchase order is for a new security camera system that will not only replace our current cameras, but will enhance our security perimeter. This will allow for additional exterior cameras, camera within our interview rooms for investigations and superior quality for overall security. This system is also removable and would be compatible for the future town square project. Source for Purchase: Piggyback NJPA Fund Source: 691-5000-590-01-27 - $13,472.55 Contract #031913 -TIS 001-2112-521-49-17 - $4,558.39 001-2110-521-49-17 - $5,000.00 4. Vendor: Ferguson Underground Inc. Purchase Amount- $11,699.00 Requesting Department: Warehouse Contact Person: Mike Dauta Date: 4/13/17 Brief Description of Purchase: Purchase of flushing device to flush poor quality water from the distribution system. Source for Purchase: Three Written Quotes Fund Source: 401-2810-536-63-14 Page 84 of 585 5. Vendor: Coastal illworks, Inc. Purchase Amount: $10,850.00 Requesting Department: Public Works Contact Terry Hillman Date: 4119117 Brief Description of Purchase: Replace and repair two sets of double doors and repair the lockrail on the single emergency door unit at the Schoolhouse Childrens Museum. The work is being completed by Coastal Millworks, Inc., which is the manufacturer that made all of the doors and windows for the 1913 Museum. These are specialized doors hand made that meet the requirements for the historical needs of the building. The current doors are warped and very difficult to open which causes a hazard in the event of an emergency exit. Source for Purchase: Other Fund Source: 001-2511-519-46-10 a Il onsruction, Inc. 11,270.00 Requesting Department: Public Works Contact Person: Gail Mootz Brief Description of Purchase: 4121117 PO #171039 - $7,385.00 - To paint City Hall interior lobby. PO #171040 - $3,885.00 - To paint City Hall exterior walls. Source for Purchase: Piggyback City of Miami Beach FundSource: 001-2511-519-46-10 Contract #ITB -2014 -191 -SW Vendor:7. Waco Filters Corp. Purchase Amount: 10,035.00 Requesting Department: Utilities Contact Person: Leon Liberus Date: 4126117 Brief Description of Purchase: Replacement cartridge filters required for membrane pre-treatment process. Source for Purchase: Piggyback Martin Co. Fund Source: 401-2811-536-52-75 Bid #RFB2012-2551 I Page 85 of 585 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 P.O. #: 170602 BOYNTON BEACH, FLORIDA 33425-0310 \© 12/OB/16 RA; I Ll I ITQ 0 1110 U. -W TO: RDA TRUCK SALES & SERV. 3214 ADAMO DR TAMPA, FL 33605 SAIP TO, City of Boynton Beach PUBLIC WORKS DEPARTMENT 222 N.E. 9TH AVENUE BOYNTON BEACH, FL 33435 PRO CL.)REMENTSER ICCES, ACCOUNT NO. 431-2515-534.49-J 6557,00 PURCHASING Page 88 0 585 Krasnoff, Leah From: Roberts, Christine Sent: Wednesday, April 05, 20171:49 PM To: Krasnoff, Leah Cc: Greco-Arencibia, Adrianna Subject: FW: RDK PO #170602 - Increase Attachments: Message from KM -C368 Importance: High Thank you. A P P LVALS r 7 Y Christine Roberts Assistant Public Works Director F!nancp N,—J p Public Works, Administration City of Boynton Beach 222 N.E. 9th Ave. I Boynton Beach, Florida 33435 561-742-6203 &-3 Robert. C bbflus I k� , � http-Hwww.l)oyTiton-beach.org/ 1-11), 11 Please be advised that Florida has a broad public records law and all correspondence to me via ernall 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. To: Roberts, Christine Subject: FW: RDK PO #170602 - Increase Ernportance; High RM Page 87 of 585 Adrianna Grecd- Arencibia Administrative Assistant Public Works/ Solid Waste City of Boynton Beach 222 N,E. 9th Ave. I Boynton Beach, Florida 33435 �. 561-742-6596 1 8, 561-742-6211 9 Greco-ArencibiaA@bbfl.us I Q'I http-Hwww.boynton-beach.org/ ITZ-MUMM, 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. From: Darty, Bill Sent: Friday, March 17, 2017 12:33 PM To: Greco-Arencibia, Adrianna; Roberts, Christinz Subject: RE: RDK PO #170602 - Increase William Darty Fleet Administrator CAFM City of Boynton Beach Boynton Beach, Florida 33435 56.1-742-6215 9 DartyW@bbfl,us l'tto'Hwww.boynton-beach,org/ sw Sam= 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. S a -it, Z11-1 NOURF-FrOTay-77arCtf 7,711-7 To: Roberts, Christine Cc: Darty, Bill Subject: RDK PO #170602- Increas Importance: High MM FA Page 88 of 585 Please approve Bill's request to increase the above PO for the rental of the automated side loader. Attached are the invoices to support the increase requested & the over $10,000 form. Thank you Adrianna Greco-Arencibla Administrative Assistant Public Works / Solid Waste City of Boynton each 222 ME, 9th Ave. I Boynton Beach, Florida 33435 It. 561-742-6596 1 L9 561-742-6211 amm��;Natff= c; Am 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. From: Darty, Bill To: Greco-Arencibla, Adrianna Subject: PO 170602 Please increase P.O. 170b02 by_$1559!!1, this cover the remaining month of March. The new total should be approximately $14,000.00. fil7n, William Darty Fleet Administrator CAFM City of Boynton Beach Boynton Beach, Florida 33435 �- 5161-742-624-L-1; F2 Dart.yW@bbfl.us http://www.boyriton-beach.org/ Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure. U nde r Florida records law, email addresses are public records. Therefore, your e-mail communication and your e-mail address may be subject to public disclosure. P Page 89 of 585 3/14/2017 CrrY OF 130YNTON BEACH REQUIrAT FOR MMCILUE OVER $100000 1"Zoquasting x � sir ,: Public to ill .00 when we add In March's rontal of $e,600 ORe' Ptal �eo VVII, 90 0 fr truck. Contnaci Number for u be pmawled I -quo doWN w0 q: s I ;? s; 1f,; - '� ; 14 c4 - Page 90 of 585 Three Wrlwn Ouataflons GSA Stdo Contrea PI SNAPS µ Sole Scums .w. I Budgeted _ m Emergency s Contnaci Number for u be pmawled I -quo doWN w0 q: s I ;? s; 1f,; - '� ; 14 c4 - Page 90 of 585 RDK AsoU TIC Invoice 321AAdamoDr Tamps,F1,33605 (56-1) 742,�Q94 Page 91 of 585 XDK Aswis LLC 3214 Adam Dr IMB " X"' ""' - - Tampa, FL 33605 8.13-241-07 11 Invoice (561) 742-6294 PAC MMlO3@SBrLUS Page 92 of 585 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 P.O. #: 170835 v# d»:#» BEACH, FLORIDA 33425-0310 DATE: 02/23/17 TO: PANTROPIC POWER, INC 8205 NW 58TH STREET MIAMI, FL 33166 SHIP TO: City of Boynton Beach EAST WATER PLANT 1620 S. «v ACRES? BLVD. BO YNT ON BEACH, FL 33435 PROCUREMENT SERGCES,' ACCOUNT NO. 401-2811-536.44-11 u;r*)iw§r4wi PURCHASING Page 93 0 585 Date: ±-Ap,-_17 CITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER $109,000 Requesting Department: Utilities -PWT East Contact Person: M. Low Explanation for Purchase. Emergency Generator rental for EWTP. Quote #RAG02172017-1 Electrica Ifallure to existing 1250 KVV Baldor Generator. Back up power required for Water Plant Permit. Existing PO # 170835 wdvj, P 0 -- -t 9 9 6 1 6 () C) Dnck,, lRec)mmended Vendor Pant opic Power, inc# 16507 Dollar Amount of Purchase )J, ource, 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 vvithin the oon'y. ct. Page 94 of 585 Krasnoff, Leah From: Baca, Fabio Sent: Tuesday, April 04, 2017 2:01 PM To: Krasnoff, Leah Cc: Roberts, Melissa Subject: FW: PO 170835 Attachments: SKM_C454e17040412540.pdf Lmportance: 19 V . 00 ti Db t ()b APPRqVALS Fablo Baca Accountant � Boynton Beach Utilities City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, Florida 33435 �. 5614742-6315 R bacaf@bbfLus 1 0, httP;HWww.boynton-beach.org/ 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. From: Roberts, Melissa Sent: Tuesday, April 04, 2017 1:39 PM To: Baca, Fabio Subject: PO 170835 Emportance: High FIRE I 7121111TITIFIR Page 95 of 585 Melissa Roberts Administrative Associate Boynton Beach Utilities City of Boynton each 1.24 E. Woolbright Rd. I Boynton each, Florida 33435 �. 561???742???6451 OW IM _rqTI cfqlql 17 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, K Page 96 of 585 ( 4' F! Laudoddle P. N# YWPWMach 2 0144MM4 Said To: City ,c+,I. Beach —PO BOX 31Boynton Beach, FL 3341 1= Joboft Customer Conlact Nam Customer contRct Nm e7dy of —So"On—S—ea—ch—Ea—st-Wa—t 1-742-6403 -- 't Wabv plant 1620 & Seeareal Blvd cr . t Phone I , I' IV#rt n ;If Contract No_ From T aM Joboft Customer Conlact Nam Customer contRct Nm e7dy of —So"On—S—ea—ch—Ea—st-Wa—t 1-742-6403 -- 't Wabv plant 1620 & Seeareal Blvd cr . t Phone I , I' IV#rt n Contract No_ From T Make mom Serial No. i a i�ee Amount CAT 1 D1141 E0010-51117 Standby a i e_ %600.00 a_ _ _Ft Standby Rentalfee 1,200,00 Environmental fee 56.00 hank Y ' Any questions or suggestions visit www.pantrapic.com Tax n No. MNII545154C Remit Psyment To., Attru AR SM NW so sth4lami FL 33186 Total 7,8w.00 CM OF Y14TON BEACM UTIUTM invoke amount 7~0 Iz- page 1 of i 4f -rill Page 97 of 585 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. #: 17098Z P.O. BOX 310 DATE: 04/10/17 BOYNTON BEACH, FLORIDA 33425-0310 ��. Wiml V-00 V-114 I n SHIP TO: City of Boynton Beach POLICE DEPARTMENT 100 E. BOYNTON BCH. BLVD. BOYNTON BEACH, FL 33435 REQUISITION NO. ORDEWNG DEPARTMENT� DATE NEEDED: MD NO: 00MMSSION APPROVED: EXTENDED LINE# QUANTITY UO M ITEM NO. AND DESCRIPTION UNIT COST COST 1 1.00 EA HYB 2U RECORDER SIP LIC 64 MAX 16 10196.8900 10196.89 ANALOG VENDOR ITEM NO.- 160818TR2A 2 1.00 EA 22 IN W LCD-..i.920.i1.686: " 393.3400 393.34 VENDOR ...TM No. 7F.ADLCD. mp. 3 1.00 EA ARTIAtUALTING WALL: Mortj'Nt 913000 . 91.30 DlSPLAY VENI)Gk:ITEM ::ND..-..ADWAlTR7510 4 2.00 EA DISCOVER 700TVL BULLET 601:.0600 1202.12 .7.50 VENDOR ITNO.- ADCA1r)BW03RN' 5 500.00 EA 24-.4P UTP CMP SOL 13C CATSE .<� 3000 150.00 VENDOR ITEM NO 7105S�6RWTA 6 500-00 E . K: 24 4P: UTP: CMP SOL Ik CATSE 3000 0 150.00 OR.ITEM NO;. - 7.10536EWTA 7 1000.00 E 24- 4P. UTP. OUTS !DE:..,:PLANT -CABLE SOL 370 370.00 sc ITEM No. 710.548EDB 500.00 EA.; SIAMESE R -G5_9 20. SOL BC FFEP t$'0.0 295.00 VENDOR ITEM NO.- 808050 9 3.00 EA ftLUSTRA. ESSENTIALS,IMP BULLET :1...;�.323.:.9100 971.73 2.. 8 -1 MM. VENDMITEM NO.- IES0.lB:lBNWIYA 10 2.00 EA AXIS COM M1065 L CUBE CAMERA .30.4.5300 609.06 INsbo DN VENDOWITEM: No:,0811-001. 11 300.00 EA CONDUIT 1.1400 342.00 VENDOR ITEM NO-: -..LOCAL. 12 2.00 EA DISCOVER 750 700TVL BULLET 311.9500 623.90 OUTDOOR TDN WDR VENDOR ITEM NO.- ADCA75BW03RN PROCU 9EMEN'T SERVICES° 1uWT.lqyfzT*A PURCHASING Page 98 of 585 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 P.O. #: 170988 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 04/10/17 SHIP TO: City of Boynton Beach POLICE DEPARTMENT 100 E. BOYNTON BCH. BLVD; WOYNTON BEACH, FL 33435 EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST PRO""3-IREMENT SERVICES: �PO�,TOTAL. 230330.94 ACCOUNT NO. PROJECT SEE BELOW . . ................... . PURCHASING Page 99 of 585 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 P.O. #: 170988 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 04/10/17 �� TA - jb�WNLA9'0 �2710&*v my -All m iin * Drill SHIP TO: City of Boynton Beach POLICE DEPARTMENT 100 E. BOYNTON BCH. BL Vj BON BEACH, FL 3343 EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST PROCUREMENT SERNWEES� �0 PURCHASING Page 100 of 585 %.f Cllvy-()F`�t�NME�ACH� REQUEST FOR PURCHASE OVER $109000 Requesting Department: POLICE — Contact Person: ZELLER Recommended Vendor Tyco Integrated SecustZ Dollar Amount of Purchase 23,030.94 Source for Purchase (check and attach backup materials): Three Written Quotations GSA State Contract PRIDE/RESPECT SNAPS Sole Source Piggy -Back Budgeted Item Emergency Purchase Other Contract Number: NJPA 031913 TIS NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. 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H044 • . ■ a .. , , .. •- • . .■ ■a, :. .� • PMIX FN0 14 MH MU M ! # H N CD H lal04 P4# ! •, MNO AQ 0• ! a r r A>4i, 04:r r • r_ r r H HE AHE mH r �' • r rTj •1 0 PH 8000 HOOO 00 00 WN RE z u v. ♦ r:1-4 wl Um NUM Um .. UO2• • ! ■HUM Ix H Page 108 of 585 N H E' u� U� v w w t t p Ln r 9x 0 ® CQw h t H t b o F-4 rt 0 w vi OD !. r r r .;mm ! .. a r' !! ! H044 • . ■ a .. , , .. •- • . .■ ■a, :. .� • PMIX FN0 14 MH MU M ! # H N CD H lal04 P4# ! •, MNO AQ 0• ! a r r A>4i, 04:r r • r_ r r H HE AHE mH r �' • r rTj •1 0 PH 8000 HOOO 00 00 WN RE z u v. ♦ r:1-4 wl Um NUM Um .. UO2• • ! ■HUM Ix H Page 108 of 585 PQ OD It Ch N Q a Ln r 9x 0 ® CQw h � � rn �a C- `� ttn N Li rODH b o F-4 rt 0 w 1-4 0 c� OD M to .� a o �+ ,•; rq 1 o ® n � rn Ln �+ o " M (n ru r r as `° o `o a n ro a vi OD !. r r r .;mm ! .. a r' !! ! H044 • . ■ a .. , , .. •- • . .■ ■a, :. .� • PMIX FN0 14 MH MU M ! # H N CD H lal04 P4# ! •, MNO AQ 0• ! a r r A>4i, 04:r r • r_ r r H HE AHE mH r �' • r rTj •1 0 PH 8000 HOOO 00 00 WN RE z u v. ♦ r:1-4 wl Um NUM Um .. UO2• • ! ■HUM Ix H Page 108 of 585 RetU- Purchase Order & Proposal to the Local ' Account Manager. Thank your Instatlatlt�n Charges; City of Boynton Beach - Cobb PD 100 E Boynton Beach Blvd Boynton Beach FL 33435 Authorized NJPA NJPA Member #21407 Schedule Price Quote CONTRACT #031913 -TIS TyCOIS Local Account Mgr: Nathan Galin Local Account Mgr Phone: 1.661-207-3535 Local Account Mgr Email: etclalln vco.co SME: Steve Myers Telephone: 901-214-2106 Email: skmyers@tyco.com Proposal Date: 03/08/17 Proposal Name: Exacq Hybrid Video Compass Estimate #: 1-3011F5T PE029Sal Eotre6; 0JO61 F Proposal Prepared by.. Linda Jones SLG Sales Support. 100 Chestnut St., 16th Floor; Rochester, NY 14604 i Phone: 585-613-9266 NJPA Schedule Products $13,472.55 NJPA Installation Labor $7,1135.60 Sourced Goods $1,922.79 Charge Summary, $23,030. Annual Services €3ptlorss: NJPA 2nd Year - Optional Annual Maintenance Charges (One -Year warranty on Item Equipment and Labor was included For first year) $2,669.61 r�tluat Se Jce here rraary: X2,669.51 Additional Notes: Note #1: Rates assume that neither the Davis Bacon Act ('DBA"), nor any other Prevailing Wage Act applies, if this Is Incorrect, please advise in writing before submittal of the purchase order and provide the applicable prevailing wage determination and we will provide a revised quote. Note #2: This proposal DOES NOT include any applicable Local, State, or Federal taxes. Note #3: Customer to provide Power and Telco Communlcatlons. Note #4: Please include on the Purchase Order the NJPA Contract #031917 -TIS C nYaOYNTON®EACV,VIDEO-EGIW1-301 IF5T NJPA Corsract 031913 -TIS and conditions apply to this purchase. im ncas ass -1679 3!&2017 Page 109 of 585 Boynton Beach FL 33435 �AWARDED -.- Lll.j Mode.l_ Desc'11160n EachExle�nded 1 1608-1 8T-R2A HYB 2U RECORDER, 8 IP LIC (64 MAX), 16 $10,196.89 $10,196.89 ANALOG, 30 FPS. WIN71LINUX 14.04/SSD I ADLCD22MPB 22in W LCD 1920x1080 FHD LED, HDMI, VGA, Y/C, $393.34 $393.34 2xBNC IN w/Loop, Audio, 3D CF & DI I ADWAITR75100B Articualting Wall Mount for Displays up to 24 inches $91-30 $91.30 2 ADC1604F-B521 Illustra Flex IMP Bullet, varifocal 9-22mm $601.06 $1,202.12 2 ADCA75BW03RN DISCOVER 750,700TVL, BULLET, OUTDOOR, TDN, $311.95 $62190 WDR, 9 - 22MM VF LENS, IR, NTSC 500 710536EWTA 24-413 UTP -CMP SOL BC CAT5E $0.30 $150.00 FRPO/FEP/FRLSPVC WHITE 50OFT BOX NONBONDED-PAIR 500 710536EVVTA 24-4P UTP -CMP SOL BC CAT5E $0.30 $150.00 FRPOIFEP/FRLSPVC WHITE 50OFT BOX NONBONDED-PAIR 1000 71054BEDB 24-4P UTP OUTSIDE PLANT CABLE SOL BC PO $0.37 $370.00 GEL PVC JKT CAT 5E NONBONDED PR CMR/CMX 500 808050 SIAMESE RG59 20 SOL BC FFEP 95 BC BRD+18-1 P $0.59 $295.00 STR BG NAT FRPVC JKT CMP CCTV 500' orc Dods 3 IES01B1BNWIYA ILLUSTRA ESSENTIALS IMP BULLET 2.8-12MM $323.91 $971.73 OUTDOOR NONVAN DAL WHITE TDN W/IR W 2 0811-001 AXIS COMM M1065 -L CUBE CAMERA INSOOR DN $304.53 $609.06 FIXED 2.8MM 300 LOCAL CONDUIT $1.14 $342.00 N1JPA Installation Labor Installation Labor, Programming and Testing $7,635.60 To 1 $231130.94 CITYBOYNTONBEACH-ViDr:O-EST#1-301 IF5T AFJPA Conftct 031913 -TIS 9M DCJS #11.1879 wmw Page 110 of 585 llama > Coaperat'Pre Purchasing Contracts - General sTechnofogy, Security & Communication Soluiions - Tyco Ddegrated Security LLC Our step bysy p quice Tyco Integrated Security LLC ?qjpAAWARDED devoted to the people, facilities and assets within government sector. With top -tier government experience, Vendor Contact Info Contract#: 031913-IIS Steve Leitz Category: Technology, Security & Communication Solutions Descriptiom Facility Security Systems overview Maturity Data D4/23/2018 Contract Documentation Perhaps no mission is more crucial than defending our homeland. Threats of terrorism, vandalism, theft and fraud Pricing concern Federal, State and local governments. Securing critical infrastructure, deterring crime and improving public safety are top priorities. Understanding the many government facility compliance requirements— HSPD- Marketing Materials 12, FICAK UL 2050 and SOFjust to name a few--can be confusing amid a shifting regulatory environment. In an emergency, the ability to command and manage the situation can be the true test of an organization's readiness AI/PA Contact Information to face the hazards of a changing world. NOW TO PURCHASE Our step bysy p quice ADT Commercial Security, now Tyco Integrated Security, has a dedicated Government Systems Group expressly devoted to the people, facilities and assets within government sector. With top -tier government experience, Vendor Contact Info broad resources and an established standing as one of the government's most reliable security integrators, we Steve Leitz have proudly served for over 50 years as the government's trusted security provider. Datel., March 8, 201j Presented to: City of Boynton Beach Police Department Attention: Doug Solomon Presented by: Nathan Galin TYCO Commercial Senior Sales Account Executive West Palm Beach, Florida (612)-226-9329 — Cellular (561)-207-3535 — is m9lin giY22.co aae 112 of 585 F.'xacqVision- ELP SIAZUE"' I -S (181',B) IP Nemv'ork Video, Recorder • Continuously record up to 20OMb4s of video, audio and data • Available is or 16 analog inputs Includes 4 1P camera licenses, expandable to 24 per video server Use the configuration calculator to find the perfect exacqVision server for your application The Dricina f W..P.4141'r-m age 113 of -585 Store up to 18 TB storage per server using continuous duty, enterprise -class hard drives Linux operating system pre-installed on a solid state drive Monitor hardware status with the free exacqVislon client or e-mail notification Add unlimited servers for greater capacity or dispersed geographic location Easily expand license to record additional high definition IP cameras Easily manage multiple NVRs from a single, unified client Streamline the administration of many servers by upgrading toexacqVislon Enterorlse VMS Powerful exacqVision Professional Video Management System (VMS) Software View video from Thousands of IP camera models 0 Conduct investigations on recorded video, audio and data with the.exacgV!sion Professional thumbnail and SpeedSearch tools Easily add camera licenses and change out cameras at any time • Immediately view video by connecting up to two PC monitors • View video and manage servers on multiple dr a.. PCs with free client softwa re View live and recorded video on any browser View live and recorded video on iOS. Android or Windows Phone 8mobile devices with free application LEM W" 11101-12IRLOOMORIMO aae Tice adv and 11.264 with ISP °htaolo sscrt rens � shows for smatter data Le saes witho�xt si �o t i ze sli distortion and makes it laossible to store recorded imyes for longer periods of timm n Performance of Different Video Compression Algorithms at Bandwidth Various Frame Rates. Spreads shown at 30 FFA & Mbps N ME 9 4 2 N Low Standard (1 FPS) (175 - T5 FPS) H. 264 High FA 1000n (15 FPS) (30 FPS) 2 Lj Using industry standards like H.264, Matrix is focusing on minimizing risk and maximizing reliability and stability. The use of future -proof technology ensures that Bosch can meet any new developments in the industry, meaning less risk in terms of expanding our products and systems or integrating them into existing and new installations. mflmaldfthl 11,1111 iiCk", . . . - whill2jEa "Ir Page 115 of 585 This proposal presented by Tyco is being provided at the request of City of Boynton Beach to successfully meet the specifications of the Boynton Beach Police - Exacq Hybrid Video Project at the 100 E Boynton Beach Blvd, Boynton Beach, FIL 33435 location. We propose to install and maintain a Video system which will consist of the following: Contact Doug Solomon - 561-742-6101, Information: Nathan Galin - 612-226-9329 System Operation: Tyco installers will be replacing the customer owned DVR with an Hybrid Exacq NVIR connecting the existing (16) analog cameras. Tyco installers will also be adding (8) IP cameras to the new Exacq NVIR giving a total of 24 cameras to the new video surveillance system. The Boynton Beach Police Department has (2) existing monitors which will be replaced with new LCD Monitors to view the waiting area and the holding area as shown on the map. The police department w9uld like (2) of the new IP cameras to view the parking area across the street where the police cruisers presently park. Tyco installers will be replacing one non -working analog camera with an analog bullet camera. They also would like (3) IP cameras outside of the front entrance. One camera will be viewing the east side and the other viewing south of the building and the third camera will be installed by the front entrance where they once had an analog camera. All new camera locations will be shown on the map. Programming Info: Tyco installer will be programming the new Exacq NVIR and the two LCD monitors as previously mentioned as per customer's speccations. All cameras will be placed on "motion only" allowing the customer additional space on their hard drive. Tyco installers will make certain that customer has at least 30 days on their server. Site Conditions: Existing construction. All indoor cameras will have cable running above the 10dropped ceilings and the outdoor cameras will be installed approximately 10-12' high on the wall or ceiling with using the existing conduit where possible and running new 3/4" conduit where existing conduit ••- •, • oeould be no need for a lift and there are no unique penetrations. aae Existing Equipment: Customer presently has an Analog Vdieo Surveillance System with 16 analog cameras to view different areas in the Boynton :- '• - ePolice Department We will be replacing (1) non working outdoor analog bullet camera with an Illustra Essential analog outdoor bullet camera. Customer Customer will need this completed as soon as possible as some of Expectations: the existing cameras are not working to their specifications. Training Tyco installers will train customer on all aspects of gathering Expectations: information and archiving information in addition to burning CD for prosecution or internal means. General Should a permit be needed, this will be submitted on a separate Comments- quote. All new equipment being installed at this location will be able to be de -installed and re -installed upon the moving of the Boynton Beach Police Department at a later date. Customer Customer will need a Static IP and network drop where the head - Responsibilities end is located. Customer does not want to have remote access to Tyco Exclusions: any of the cameras. Documentation Documentation will be left with customer at completion of the Needs: installation. The pr` e-seraecl -,s effecTve for a periord of 1hirly (,30) days frorvi the above d -ale age 118"of585 oil 1-.40 ----------- . . . . . . »3 Maintenance Cluainty servic Plar P17.0—lit'WEE ; In",=lIcna DED Closed Circuit Teleon PROVIDED ADLCD22MPB FM duo] Front Entry Cameras ADCA75BWWRN Replace Analog Camera 779935/ANIXTERAXIS COMM 0811 -0I IIIA 01 M1065 -L CUBE �CAMERA INDOOR DN FIXED 2.8mm Conduit Conduit Labor Adjustments Two Man Rule pull wire through garage Labor Adj�stments Remove 01 ri Programming Install Training I NO ESCALATION FOR THE INITIAL DURATION OF THE AGREEMENT oil 1-.40 MMMEMMIK= MOMMME33=20,311124 0M Installation Investment Package: $22,108.41 Total Monthly Payment Including Preferred Services: $ 270.66/montV Preferred Services includes complete maintenance on all of the Video Surveillance including existing analog cameras and will also include Annual Video Surveillance Inspection. ESCALATION FOR THE INITIAL DURATION OF THE AGREEMENT > COMPLETE MAINTENANCE WITH ONE (1) ANNUAL VIDEO SURVEILLANCE INSPECTION ourselves from the competition. r ENT to yoll. is to prollcte (TYCO) including me that will always be there to assist you whenever needed. When reviewing this proposal please keep in mind the system and the services that are provided and our commitment to you. TYCO and I wish to thank you for allowing us to submit these proposals to you. We will always work toward what we feel is the best applications to fit your needs within the budget set forth. T-ITT77411 "M Installation Investment Package: $23,030.94 Total Monthly Payment Including Preferred Services: $ 222.47/monl 2nd Year - Optional Annual Maintenance Charges (One -Year warranty on Equipment anif Labor was included for first year) Page 120 of 585 PURCHASE ORDER CITY OF BYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 P,O. #: 170993 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 04/13/17 kyj 3000FIO SHIP TO: TO: FERGUSON UNDERGROUND INC. City of Boynton Beach 2361 N.W. 22ND STREET WAREHOUSE POMPANO BEACH, FL 33069-1394 222 NE 9TH AVENUE BOYNTON BEACH, FL 33435 EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST PROCUREMENT SERMES: w•j ELIRWII . I . . i4a*lFjZT4wi 'egb 2 � P.O. TOTAL PURCHASING Page 121 of 585 Date: 414=17 �,Aequestinq Department. Warehouse Contact Person: Michael Dauta "Explanation for Purchase: Recommended Vendor F �rguscn Dollar Amount of Purchase 11,699.00 Source for Purchase (check and attach backup materials): Three Written Quotations KJ GSA r----1 State Contract PRIDE/RESPECT SNAPS L --j Sole Source PIggy-Back Budgeted it EmergencyPurchase L --j Other Contract Number NOTE: Pricing proposal for purchase must be presented In the same detail contained within the contract. MUM . ' I;�M 41, Page 122 of 585 0 Ln v LO Z w W �lq 0 P4 ul > H ri Z CO 140 E- E� HM 1 0 RO Z U co H 0 ko En Cil 0 UO P4 0 OH W N p pq co H ry PI C) Z >4 p H 0 Z pi H 0 m H EI Ey 0 PS H H N4 W H E� 0 -eq co W Ol DQ a > Phi 1 pq E P rM 0 04 CO C4 Z, E-4 W N � 0 H N4 W z 0 H � H P4 w wu � HH M 0 134;E 0 �:) 0 w 0 F:Mr,, w &4MMHM M H M PZ 1 4> I z 0 04 H >1 0 Z1 40H H 0 1 qww>qo H I W 04 F4 P 0 0 H E�WP,"E Zm Q p 0 HI H N4 W 0 0 H Fj W wozu cil u C ca ONE9 H 0 z 0 CY> P4 H LO H m a z I I. I i C3 I dpi :0 H 0 Q 0 9x I PaH 0 rJ3 pq ul Ix p 0 m I > DI N D4 z H H D4 Ln Ed Go ri 0 —1 OR Page 123 of 585 e, Page 123 of 585 2w GAA,ne- A39--13— Name-.. - Phone 50 Narne: Phone Page 124 of 585 L011F1- I �#T I '�Ii5l Bid No: B327517 Bid Date; 03/M17 Quabd BY: DVP ATTN FINANCE DEPT PO BOX 31 D Ti - M 2��!.r I T M L��q2 • Price Quatfflon Phone: 561-844-= Fax: 561-848-7dOl From: Draw Petonick r2cromerds'. CustPhone.- 561-742.6317 1 Terms: NET 10TH PRO Ship To: CITY OF BOYNTON BEACH ATrN FINANCE DEPT PC BOX 310 100 E BOYNTON BEACH BLVD BOYNTON BEACH, FL 33435 Job Name: STOCK Quarift Not Price UM Total Page 'I oft SFL-K07004 9MO INTELLIGENT FLUSHING DEVICE 1 11699.000 11699.00 POWIER OFq1ON A Chlofine Analyzer set to efther Free or Combined chlorhe LEAD TIME: 2-3 WEEKS INCLUDES TRAINING AND SHIPPING IS INCLUDED Not Total, $11699.00 Tax: $0.00 prelght: $0.00 Totah $11699.00 Qunted prices are based upon receipt of the total quantity for immediate shipment (48 hours). SHIPMENTS BEYOND 48 HOURS SHALL 13E AT THE PRICE IN EFFECT AT TIME OF SHIPMENT UNLESS NOTED OTHERVIIISE. QUOTES FOR PRODUCTS SHIPPED FOR REIALE ARE NOT FIRM UNLESS NOTED OTHERWISE. CONTACT YOUR SALES REPRESENTATIVE IMMEDIATELY FOR ASSISTANCE NTH DBE/MBEWBE/ ?4WBUSIWM-wkw.UI?=?EkjM :led F4 47 -Mi =M 7 -r -W -T,4 Kq -1-Ts ",ion. Products wfth *NPln the descriprion are NOT lead Vee a cano I d In nun-polable M product selection. 111111 Page 125 of 585 FORTUNE QUOTE WATERWORKS CIVI OF D -ll -LUDA' 0 -SACH' KUPFERLE 97001 UNIT PO BOX 310 ACCOUNTS PAYABLE BOYNTON BEACH FL 3342L Ili MINE=' 3.0 3. EA KUPFERLE 97001 FLUSHING UNIT 11,912.9700 11,912.97 W/ POWER OPTION A PRICE ABOVE INCLMRS FFA W/ A KUPPERLE TECEMICrM TO SUPPLY FULL TRLXNXNG ON OPERATION OF THIS INTELLIGENT PORTABLE AUTOMATIC FLUSHING DEVICE. Subtotal: 11,912.97 Tax, .00 Bid Total: 21,912.97 ALL STOCK DELMERIES ARE SUBJECT TO SHIPPUG -CHARGES Ali material Is quoted fbr shipment within 30 days of bidorquate date. After30dar. ALL quaft prices we subAelettony*Mhased on m1mM market condiflorm Ent By DHG 4/03/17 10:11:04 Page 126 of 585 - RPM,,, Bid Date: 04/03/2017Did M 289255Sales RepresentativeSteve HavelkaM 561-848-4396(F) 561-845-7267 1.. 1101 W 17th St Riviera Beach, FL 33404 1 Page 127 of 585 Seq# Ckty Description Units Price Ext Prix 4/3/2. -12:17 PM Adual taxn mayvary Page 2 of Page 128 of 585 From: Paciello, Jen Sent: Monday, ApOl 03,2017 7AO AM To: Fortillne (david.guthart@fortil[ne,com) Subject, Quote needed Good • Dave, Can you please send me a quotefor the folloWing item? Page 130 of 585 From: Paciello, Jen Sent: Monday, April 03, 2017 7.41 AM To- Havel ka6 Stevi [HDS] (Steve.Havolka@hdsupply.com) Subject: Quote needed Good morning Steve, Can you please send me a quote for the following itern? 9700 Intelligent flushing device Power option A item number SP -K9700-1 Page 131 of 585 -)LILA City of Boynton Beach Warehouse Special Order 04235 Vendor (Only one vendor per Special Order): Requesting Department M(Af, 1, k ate Budget Account #10- L - A -9 L 0--A 2 k- Project # (Use only one account number per order f0T ) (If applicable) Department Director Signature -- i. Recipient Extension or Coll Phone 1'43 go ;.The ouse will deliver tlent)he order to the recip Date Signature Print CTo be signed when the Warehouse delivers the order) Page 132 of 585 I PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 P.O. #: 171027 BON BEACH, FLORIDA 33425-0310 DATE: 04/19/17 SHIP TO: TO: COASTAL MILLWORKS, INC. City of Boynton Beach 3810 CONSUMER STREET PUBLIC WORKS DEPARTMENT RIVIERA BEACH, FL 33404 222 N.E. 9TH AVENUE BO TON BEACH, FL 33435 EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST PROCUREMENT SEWCES: I Z, �Oj/-7� P. �O. TO TOTAL ACCOUNT NO. PROJECT 001-2511-519.46-10 PURCHASING Page 133 of 585 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.OBOX 310 P.O. #: 171027 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 04/19/17 SHIP Tot TO': COASTAL MILLWORKS, INC. City of Boynton Beach 3810 CONSUMER STREET PUBLIC WORKS DEPARTMENT RIVIERA BEACH, FL 33404 222 N.E. 9TH AVENUE BO TON BEACH, FL 33435 EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST PROCURF-MENT SERWCES� TOTAL ACCO T O. PROJECT 001-2511-519.46-10 2 1] Iffmi i Flyll I Ll Page 134 of 585 i Requesting Department: Facliftles — Contact Person: Terry Hillman R.£x . wntof $10,860.00 £E.: for Purchase (check and affach backup materlals). State Caftact PRIDE SNAPS RESPECTSource PiWy-Beck Sole Same Contract Number: 561-631-1803 Page 135 of 585 I 5 I Page 138 0 585 I E-@ 1 I P-9 d, m n 1 914 W I W „ I r> I H I I I I I I I I I I U H 1 FUI [12 I O 1 I F� I a HEI o ba 1 I I 1 ® I U , h I M I M Q I 01 1:4 � 1 H I H I I 1 I i i � I I 1 I 1 I I I I 1 I I I 1 I 1 I I I 1 I I 1 I I I 1 y I H I � I H 1 H I a i M H 1 1 U I N m 1 I Q I I W 1 H I a zI 1 4 a p p to a a N N p to m N m H p p o CJ 0 0 a a a o E4 O H H H W O d o a a p lCY u 1 p N N o N v H N Page 137 of 585 Page 138 0 585 r } ;,saaaaa ........... From: Roberts, Christine Tuesday, April 11, 2017 9.45 AM Howard, Tim : Krasnoff, Leah; Hillman, Terry FW: requisition #68812 Attachments: 5KM_C36817041108540.pdf Good Morning, Attached is a purchase requisition to replace and repair two sets of double doors and repair the lockrail on the single emergency door unit at the Schoolhouse Childrens Museum. The work is being completed by Coastal Millworks Inc., which is the manufacturer that made all of the doors and windows for the 1913 museum. These are specialized doors Land made that meet the requirements for the historical needs of the building. The current doors are warped and very difficult to open which causes a hazard in the event of an emergency exit. am approving the requisition now and attached to this email is a copy of the requisition, and over $10,000 form and the proposal. Please let me know if you need anything else for approval. Thank you. Christine Inserts Assistant Public Works Director Public Works, Administration City of Boynton Beach 222 N.E. 9th Ave. 1 Boynton Beach, Florida :33435 561-742-6203 disclosure.Under Florida records law, email addresses are public records, Therefore, your e-mail communicati7on and your . be f to public disclosure. Jackson, A. .. . 9:37 AM Roberts, Christine Subject: requisition #68812 Page 139 of 585 Please approve Requisition #68812 Coastal Millworks, Inc Thank You Gabby Gabrielle Jackson Administrative Associate Public Works / Solid Waste City of Boynton each 222 N.E. 9th Ave. Boynton Beach, Florida 33435 It. .561-742-6200 19 561-742-6211 Ea Jacl(sonGA@bbfl.us 1 0 ht-tp://www.boynton-beach.orF,/ BREHM Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject disclosure.Uner Flrida records law, email addresses are public records. Thereforeo , your e�mail communicatin and your e-mail address may be subject to public disclosure. I do pq Page 140 of 585 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORID1. .. SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 P.O. #: 171039 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 04/21/17 SHIP TO: TO: HARTZELL CONSTRUCTION INC City of Boynton Beach 2301 NW 33 CT, ST E 112 PUBLIC WORKS DEPARTMENT POMPANO BEACH, FL 33029 222 N.E. 9TH AVENUE BOYNTON BEACH, FL 33435 EXTENDED LINE# QUANTITY UO M ITEM NO. AND DESCRIPTION UNIT COST COST PRDCU�iEMENT- SERVSCE-S: �,O-TO�TAL ACCOUNT NO. PROJECT 001-2511-519.46-10 0RDET�t� Page 141 of 585 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA C PROCUREMENT SERVICES DEPARTMENT 100 EAST BO •` BEACH BOULEVARD P.O. BOX 310 P.O. #: 171039 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 04/21/17 ZlgzR!'�l � SHIP TO: City of Boynton each IIAJR'� Z L L CO!N, S TFF, 7 1 1, Nc,-' a77F, .2 PUBLIC WORKS DEPARTMENT oF-ri,(71-1, FF3 21 -r,,' 222 N.E. 9TH AVENUE BOYNTON BEACH, FL 33435 EXTENDED fi3OM, NQ- )VI91" UNIT COST COST :"M1%, q- = K 43) PIGICYBACK C1.2 Y 0'l-' ��'i NK %T7'A?F,4ET,' QA7C7E PROCU REM EINT SERV�CES., ACCOUNT NO. PROJECT 001-2511-519.46-10 PURCHASING Page 142 of 585 CITY OF BOYNTON BEACH REQUEST FOR PURCHASE 0V3R $100000 ---Altal 1 -1 118:91jesting': TM m of haste ° , Page 143 of 585 1 1 1 I 1 1 1 I 1 1 1 1 I � I 1 1 1 I 1 7 1 I 1 1 1 1 1 1 I I 1 1 1 1 i 1 1 w 1 1 1 rl i 1 I I I I r0 1 N I 1 + 1 , ig i ly+ 10 1 1 Aq I I , 1 H 1 1 Page 144 of 585 60 ry r Page 144 of 585 IA"CLUDED AREAS: SCOPE OF WORK IN SUMMARY 1. Walls and Ceiling a. Fill all nail holes, hairline cracks and scuff marks. b. Lightly sand walls and solvent wipe. c. Caulk around molding where needed and all window frame 360 degrees - d. Prime walls where needed. e. Paint interior walls and ceiling with 2 coats of SW Pro Mar 200 Low VOC. 2. Doors Jambs and Metal Beam Structure a. Lightly sand and solvent wipe. b. Caulk all corners and fill in holes with wood filter where needed. c. Prime where needed. d. Paint all metal with DTM Semi -Glom NOTES. * Hartzell will cover woodfloars or carpet with protectivefloor paper and drop clot * Cover all counter top, shelving and other items not to be painted. * Remove all electrical plates. CONDITIONS General: Hartzell will supply all materials, tools, and equipment necessary for the cleaning, prenaration-. sealing andnaj:rAjTg protection of the Client property including all balconies, screens, windows, walkways, shrubbery, parked vehicles, and any other property in the area; from paint and/or any other damage that might be caused during mobilization. Hartzell will be responsible for the rectification of any such damage and for the cleanup involved in the work outlined in this speccation. PHONE: 954-957-97615 FAX: 954-957-9766 9 TOLL FREE: 800-841-4859 2301 N.W. 33" Court, Suite 112 11 Pompano Beach, FL. 33069 (a4g)5 of 585 City of Boynton Beach r .V # 03.31.2017 Page 2 of 2 Labor: Hartzell will have a qualified foreman on the job at all times to ensure quality of worl All work a wc��Xlkrp Will be delivereT in such a way to minimize the inconvenience to the residents and/or unit owners. It the Association Client. Hartzell complies with OSHA and the Construction Safety Act and is drug-free work place. I insurance & Licensing. Upon request, Hartzell will furnish suitable insurance certificatg A ita ssoiiaiion Client addonal]; insured. ProiN -fff'-11,UF9ff iWfi-YWffPViMtT0rUf course of the service period. Hartzell shall further provide valid and required licenses necessal to operate in the appropriate county of work being performed. Interior Painting: of Hartzell. 993= A 4) 7,385.00 Amept Decline_ TERMS The term "Final Completion' as used in this Agreement shall mean where the Association Clieff is satisfied that the work has been completed, any applicable municipality has given its final approval, and Hartzell's other obligations have been fulfilled. All payments for goods and services rendered are due upon receipt of invoice(s). Any invoice not paid within thirty (30) days shall be subject to interest at 1.25% per month. Delinquent accounts, those not paid in forty-five (45) days, that are sent to legal collections will require the Association Client to pay legal, attorney and paralegal fees in addition to amount due and interest. In addition, legal disputes under this contract of work will be flied with the Broward County Court System. Prevailing party of any litigation will be eligible to recoup court costs, mediation fees, legal & paralegal fees and any other fees related to the claim. This Agreement between City of Boynton Beach and Hartzell Painting Contractors is accept % and agreed upon this day of 2017. (Signature) Project Manager Leo Citrangulo 'i'age 2 of 2 2- jft"' Vull TrrLE: For Citywide Interior and Exterior Painting and Waterproofing CONTRACT NO.: IT 2014 -191 - FF TIV -FFECTIVE DATE(S): This Contract shall remain in effect for three (3) years from date of Contract execution by the Mayor and City Clerk, and may be renewed, at the sole discretion of the City, though We City Manager. for two (2) addpion al one (1) Year periods. SUPERSEDES- NIA CONTRACTONS): Hartzell Painting Contractors ESTIMATED ANNUAL CONTRACT AMOUNT: NIA A. AUTHOR - Upon affirmative action taken by the Mayor and City Commission of the City of Miami Beach, Florida, on September 10, 2014 for approval to awhrd a contract, upon execution between the City of Miami Beach, Florida, and Contractor. B. EFLECT - This Co�ract is entered into to provide for Citywide Interior and Exterior Painting and Water*Qofing pursuant to City Invitation to Bid No. 2014 -191 -SW and any addenda 1hereto (the IT13), and Contractor's bid in response thereto (this Contract, the ITB, and Contractor's bid In response thereto may hereinafter collectively be referred to as the "Contract Documents"). C, ORDERING INSTRUCTIONS - A1 blanket purchase orders shall be Issued in accordance with the City of Miami Beach Procurement Department policies and procedures, at the prices indicated, exclusive of all Federal, State and local taxes. All blanket purchase orders shall show the City of Miami Beach Contract Number 2014 -191 - SW. D. CONTRAGTOR PE&FORMANCE - City of Miami Beach departments shall report any failure of Contractor's performance (or failure to perform) according to the requiremerft of the Contract Documents to City of Miami Beach, Anthony Kanlewski, Property Management Director at $05-673-7000 ext. 2914. P INSUBANCE CERTIFICATE(S) - The Contractor shall file Insurance Certificates, as required, which must be signed by a Registered Insurance Agent licensed in the State of Florida, and approved by the City of Miami Beach Risk Manager, prior to delivery of supplies and/or commencement of any services/work by Contractor. F. ASSIGNME14T AND PERFORMANCE - Neither this Contract nor any interest herein shall be assigned, transferred, or encumbered by Contractor without the prior written consent of the City. In addition, Contractor shall not subcontract delivery of supplies, or any portion of work and/or ser\4ces required by the Contract Documents without the prior written consent of the City. Page 147 of 585 Gerftwtlon of Contrar. N- &P_PLICABLE LAW AND VENUE - This Contract andlor the Contract Documents shall be enforceable In Mlami-Dade County, Florida, and If legal action Is necessary'by either party with respect to the artforoament of any or all of the terms or conditions herein exclusive venue for the enforcament of same shall lie in Miami -Dade County, Florida. By entering into this Contract, Contractor and City hereby expressly waive any rights either party may have to a trial by jury of any civil litigation related to, or arlaing out of the Contract andfor the Contract Documents. Contractor, shall specilftcally bind all subcontractors to the provisions of this Contract and the Contrad Documents. V AMENDMENTS - No modification, amendment or alteration In the terms or conditlow contained heTein, or in the Contract DocumenK shall be effective unless Gontalned in,-, w(dten document prepared with the game or sWlar formality as this Contract aM executed bY the City and Contractor, :3 Page 148 of 585 WWI lrm�� K. b1QT_ICr= - Whenever either party desires to give notice to the other, such notice mu be in wilting, sent by certified United States Mail, postage prepaid, return rebel requested, or by hand-deflvery with a request for a wrMen recelpt of acknowledgment delivery, addressed to the party for whom It is Intended at the place last specified. T pleas for giving notice shall remain the some as got forth herein until changed in writi in the manner provIded in this section. For the present, the parties designate I - following: I UP TA4MOML - M- (61W BULAR. k.• M. SEVERANCE - In the event a portion of this Contract andlor the Contract Documents Is found by a court of competent Jurisdiction to be invalid, the remaining provisions shall continue to be effectIve unless City or Contractor elects tD terminate this Contract An election to terminate Ns Contract based upon this provision shall be made within seven (7) days after the finding by the court beoomes final. Page 149 of 585 CA 71 1 01 .# 4x t:5€1 V�' # f?•';I is Page 150 of 585 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 P.O. #; 171040 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 04/21/17 TO: HARTZELL CONSTRUCTION INC 2301 NW 33 CT, STE 112 POMPANO EACH, FL 33029 REQUISITION NO, 68846 , ORDEWNC, DEPARTMENT: SHIP TO: City of Boynton Beach PUBLIC WORKS DEPARTMENT 222 N.E. 9TH AVENUE MOYNTON BEACH, VL 33435 FACILITIES `G DATE !NEEDED. WD NO: COMM�SSION APPROVED: (561,174' LINE#T QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST EXT�EiD 4 COST OS A WoMmiffemom �* k� ZELL.WILL BE RESPOE NSIBLE: FOR THRr;C : . .... TIVICATION OF ANY SUCH DAMAGE AND THE CLEANUP I . NVOLV IN THE WORK OUTLINED IN THIS SPECIFICATION. CONTRACT.: ITB- 2014-191- SW PROCUREMEN'r SEW!; P.O. TOTAL. ACCOUNT NO. PROJECT 001-2511-519.46-10 PURCHASING Page 151 of 585 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 P.O. #: 171044 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 04/21/17 91 1 . TO: ZELL CONSTRUCTION INC 2301 NW 33 CT, STE 112 POMPANO BEACH, FL 33029 ORDERNG DEPARTMENT� REQUVT�ON NO, 688-46 SAIP TO: City of Boynton Beach PUBLIC WORKS DEPARTMENT 222 N.E. 9TH AVEN-UE BOYNTON REACH, FL 33435 FACILITIES/GJ I) "r NEEDED: LINE# QUANTITY UOM IT NO. AND DESCRIPTION UNIT COST PROCUREMENT SEWCES� ACCOUNT NO. 001-2511-519.46-11 2,11, -) P.O. T07' L. PURCHASING Page 152 of 585 Date ar I , , b 1 1-7 Jdal 601 -2611 -s -lel -46-9 to m Dow Date Page 153 of 585 I Page 154 of 585 Ip .0 luH Inc. 910 cn %lZ AH CIH Page 154 of 585 Ip .0 luH Inc. 910 %lZ AH CIH Page 154 of 585 —Ve '19 �V�W'V' PAINTING CONTRACTORS Boynton Beach City Hall 100 E. Boynton :- .a: ► eBoyntoBeach, FL 33425 Email: MMOTZG@bbfl.us 45613072185 L IT i I " " A T'77; , :11 L"I'l a. Pre -treat and Pressure clean stucco with up to 3000 PSI with HTH additive. b. Apply one coat of Acrylic Masonry Sealer to stucco surfaces. c. Fill in hairline and settlement wall cracks with elastomeric fibrous patch. d. Caulk all stucco bands leading into stucco and all windows frames 360 degre e. Paint exterior walls with Sherwin Williams Super Paint Satin. CONDITIONS General: Hartzell will supply all materials, tools, and equipment necessary for thiv. cleaning, preparation, seating and painting of all surfaces specified. Hartzell will use th.Z utmost care in the protection of the Client property including all balconies, screens, windows, walkways, shrubbd vehicles, and any other property in the area; from paint and/or any other damage that might be caused during mobilizatio"i,. Valt7pll .1 1 ZMVMV ano Yorine cleanup involvecl in the work outlined in this specification. Labor: Hartzell will have a qualified foreman on the job at all times to ensure quality of work. Thi!� forem; ;ll supervise the work force and Insurance & Licensing. Upon request, Hartzell will furnish suitable insurance certificates covering liability and property damage naming the Assocliation Client additionally insured. Proof of Workman's Compensation coveraie will be avail PHONE: 954-967-9761 ff FAX: 954-957-9766 It TOLL FREE: 800-841-4859 Ti N.W. 33' Court, SuM 112 „T Pompano Reach, FL. 33069 I Page 155 of 585 �40ynton Beach City Hall EXTERIOR PAINTING '.J11/17 Page 2 of 2 CONTRACr VALUE $ 3,985-00 Accept-Dedine 7WLt,r �,�osal is �su *eetto of Hartzell. TERMS The term "Final Completion" as used In this Agreement shall mean where the Association Client is satisfied that the work ■' Hartzeirs other obligations have been fulfilled. All payments for goods and services rendered are due upon recel t f es. JUMMMM q7r;1WMTn' .1 143M claim. ier tees related o e This Agreement between Boynton Beach and Hartzell Painting Contractors is accepted and agreed upon this day of Rn Aj .2017. Boynton Beach Roof Painting by Hartzell, Inc. By: (Signature) Assistant General Manager Leo Citrangulo Page 156 of 585 W 0*rW:TUT#3W �ozlz,5 HlTJ EFFECTIVE DATE(S). This Contract shall remain in effect for three (3) years om '9 fr Contract execution by the Mayor and City Clark, and may renewed, at the sole discretion of the City, though It's City Manag for two (2) additional one (1) Year periods. SUPERSEDES- N/A B. EFFECT - This Cov(6act is entered into to provide for Citywide interior and Exterior Painting and Wateromofing pursuant to City Invitation to Bid No. 2014 -191 -SW and any addenda thereto (the IT13), and Contractoes bid in response thereto (this Contract, the ITB, and Contractor's bid in response thereto may hereinafter collectively be referred to as the "Contract Documents"). C. ORDERING INSTRUCTIONS - All blanket purchase orders shall be Issued accordance with the City of Miami Beach Procurement Department policies a procedures, at the prices indicated, exclusive of all Federal, State and local taxes. blanket purchase orders shall show the City of Miami Beach Contract Number 2014-19 D. CONTBLC_TOR PERFORMANC: - City of Miami Beach departments shall report any failure of Contractor's performance (or failure to perform) according to the requirements of the Contract Documents to City of Miami Beach, Anthony Kaniewski, Property Managemen-t Director at 305-673-7000 ext. 2914. F. ASSIGNMENT AND PERFORMANCE - Neither this Contract nor any interest herein shall be assigned, tmnsferrcif encumbered by Contractor without R written consent of the City. In addition, Contractor shall not subcontract delivery of supplies, or any portion of work and/or services required by the Contract Documents without the pdor written consent of the City. Page 157 of 585 Gettfflcotbn of contrac N. APPLIQ68LE LAW AND YMUE - This Contract andJor the Contract Documents shall be enibroeable In Miami -Dade County, Florida, and If legal action Is necessary by either Party with respect to the enforcement of any or all of the terms or conditions herein exclusive venue for the enforcemerd of same shall lie in Miami -Dade County, Florida. By entering into this Contract, Contractor and City hereby expressly waive any rights either party may have to a trial by jury of any civil litigation related to, or arising out of the Contract andfor the Contract Documents. Contractor, shall specfflcally bind all subcontractors to the provisions of this Contract and the Contract Documents. 0. A-MENOWWS - No modification, amendment or alteration In the terms or conditions contained herein, or in the Contract Documents, shall be effective unless contained In a written document prepared PAth the same or similar forinality as fta Contract and executed by the City and Contmotor. P. This Contract shall not be effective until all bonds and insurance(s) required under Contract Documents have breen submitted to, and approved by, the Citys Risk Manager. El Page 158 of 585 JMMIR�� K. NOICES - Whenever either party desires 0 give notice to the other, such notice mu be in wrifing, sent by certified United States MaIL postage prepaid, return rece) requested, or by hanrefivery, with a request for a written mcolpt ot a.0knovviedgment delivbM addressed to the party fbr mftom It Is Intended at the place last specified. place for giving notice shall remain the same as set forth herein until cheriged in writi in the manner provided in this section. For the present, the parties designate t followling: N Art r, Fr- 7. 1 T77 M, I FAR MIMI 211 a z a M, SEVERANCE - In the event a portion of this Contract and/or the Contract Documents Is found by a court of compatent Jurisdiction to be invalid, the remaining provisions shalt corMnue to be effective unless City or Contractor elects to terminate this Contract. An election to terminate this Contmct based upon this provision shall be made within seven (7) days after the finding by the court becomes final. Page 159 of 585 • 1i: l::6 1 I, tF:.. ,k. ;;! 1 I.a i 1'i i.', :� i' t -G i 1=+ 1• �. !I7 {'41 ." V !. .R ": G. ♦ .. : �:, o e k kA (#i+ w wl�`M iiw :, + }�� :'tkX, 1:1:# ':i # t A k.:�:z';, •.i w•#•: �. 1'k: -ti 1:.1.7,= r: l=' ^h. kip k�i l:ti 1 :1 fl.•,• f„ .'! { 1 i i 6 :.! 1 i : ' .4z } i ! i ! � r 5`.' t; i Zl R : }'• i r Page 160 of 585 PURCHASE ORDER (0"ITY OF BONTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 P.O. #: 171057 BOYNTON BEACH, FLORIDA 33425-0310 DATE- 04/26/17 MONEF a =..- -, SHIP TO: TO: WACO FILTERS CORP City of Boynton Beach 11701 N.W. 100TH ROAD, SU WEST WATER ADMIN MEDLEY, FL 33178 5469 OYNTON BCH BLVD. BOYNTON BEACH, FL 33437 EXTENDED LIN'E# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 4/17/ 2017 CITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER $109000 Requesting Utilities n liberus ExplIanation for Replacement ilt required r membrane pre-treatment process. lRecommended Vendor WACO Source r Purchasei: Three Written Quotations GSA State Contract PRIDE/RESPECT SNAPS Sale Source Piggy -Back ete Item Emergency urchse Other Contract r. _I`Y)Arfn Ccp jA 6f ITS �i♦ai • • - �-�- c -� -�- i -� iF- a ii FLind SourcerPurchase: oc nt#: 402 -2811 -536 -52 - Page 162 of 585 I EE I as I IT." a I I =1 I I I I I 0 a rn H O E-4 H m C# Do P4 I 'Page 163 of 585 REQUEST FOR REQUISITION H.T.E. ENTRY DATE: 04/17) H.T.E. REQULSITION # 68869 Clerk- MR Procurement Asst: City Manager (non budgeted capita and/or $50001 -)- REASON FOR PURCHASE: Replacement Cartridge Filters required for membrane pre4reatment process. Quo 01113910 REFqER MARTIN CTY RFB-2012-2551 VENDOR INFORMATION: DIVISION: OTHER INFORMATION. Name: WACC Admin. . .. . . .............. Date: 4/17/1.7 ASAP W Address: 11701 N.W. 106ff —Road Engineering Date Needed. 04/2712017 Confirm. Suite I Cara t. Rei. ASAP/Conf. Medley, PI: 33178 Distribution BACKUP DOCS. DELIVERY SUBMITTED- Phone (costat ): Kerr! Evans Wate_rbu'al. 'r— QuotesNerbal E . ........ in. 4 over $500) Phone: 305-885-1899 Pumping Quode sMritten E. WTP 41 Fax. 305-885-2434 over $2000 Vendor Number -. 10688 PW`Creat, (x) Bid Docs. (x) W. WTP 42 (X) Meter Serv.. Sole Source Lir. PIU 99 INITIATOR: Leon Liberus, Chief Operator Sewage Insurance Special Instructions., Fie a�irererat. Project Number - Page 164 of 585 0, MWAGai r. 1 / FAX: (561742-6298 ITEMS REQUESTED: Replacement Cartridge Filters required for membrane pre -treat ent process, got 111391 CONTACT ® Keni Evans PHONE NUMBER: 305-885-1899 $10,035M ATTACH THE ABOVE QUOTATIONS TO RE PURCHASING Page 165 of 585 fc<© WATER PLANT 5469 W BOYNTON BCH BLVD PUBLIC ^©R OPERATIONS BOYNTON BEACH, FL Attn: LEON LIBERUS Ship Via: ©« ROBINSON - FRETGH Prices are guaranteed through. May 14, 2017 ©ACO -- MIAMI 11701 N.W. 100TH ROAD SUITE 1 MEDLEY, FLORIDA 33178 Phone: (305)885-1899 Fax: (305)885-2434 Terms: NET 30 DAYS Tax. -00 Total: 10,035.00 Waco is a one-stop shop for air, liquid, gas and HVAC a filters with branches nationwide. Our goal is to provide solutions tht reduce your overall cost of filtration and improve your profitability. Thank you for the opportunity to work with you. Please feel free to contact me if I can be of further assistance. Kerri Evans KERRI EVANS - PROCESS Inside Sales Sales Representative Visit us at: www,wacofilters.com Page 188 0 585 WEST WATER PLANT S469 W BOMTON BCH BLVD PUBLIC WATER OPERATIONS BOYNTON BEACH FL Attn: TERRY ShlP Via: WACO D3LV-FRT ALLOT Prices are guaranteed through it -i din" WACO QUOTivrioN.- WACO - MIAMI 11701 N.W. 200TH ROAD SUITE I MEDLEY, FLORIDA 33278 Phone: (30S)885-1899, Fax: (305)885-2434 Terms. NET 30 DAYS Unit of unit QaRt--ily Mmelwe z2Lce PAOSFDP40 1,500 EA 6.69 5MIC 4011 2-7/16" OD IgSF fil FDA REF--MA.RTIN CTY RFB20.12-2552 =-=—sion 10,035,00 -00 10,035.00 Page 167 of 585 RFBRO12-Mi CARTRIDGE FiLTERS FOR WATER TREATMENr r�r Name (prino _° frr �.Fax 305 SM 2434 StISMAMMSS 11701 NW 1E -mail Addrew State s Authorrzed its, Page 168 of 585 THIS AGREEMWT, effeofive this A S—f day of. -9— in the year, 2012, between: MARTM COUNrY BOARD OF COUNTY �A=MMMMIM 'y UTIM AND the CONTRACTOI:t- Waco Fill= Corporation (hminafter CONTRACTDR) 11701 NW 100 Road Medley, FL 33027 Did Name: Carkidse Filters for Wmer Tmatment Did Number: M20124551 Term: Th1W. (3) Years WWI two (2) addhional oj)e (1) year mnewal options Not to Exceed Amount- $375,000 Page I of 7 RFB92012-2551 CuVidge Fill'rTemment plants Page 169 of 585 WHEREAS, the COUNTY and CONTRACTOR entered into an Agreement for Goods and Services to provide Cartridge Filters for Water jMgmen rs LR-F13-VL2--255] dated Ayjmg-31. 20 12, and; jpy uant to Martin County Contract and; WHEREAS, Section 3 of the Agreernent provides Jor the option to renew for an additional A WAEREAS. the COUNTY and CONTRACTOR desire to exercise the option to renew th Agreement, i I The COUNTY exercises its option to renew this Agreement for one year pursuant to Section 3 of The Agreement, 2. The CONTRACTOR agrees to this renewal. 3. The Agreement is hereby renewed until 0 7. Pricing and all remaining terms and conditions of the Agreement not specifically amended herein ghall remain in Ml force and efkct, 4. This Contract shall be effective beginning on the date first written above notwithstanding it or some of the Contract documents being signed on a different date. IN WITNESS WHEREOF, the parties hereto have executed this renewal of this Agreement as of the date first M forth abovi. WACO FILTERS CORPORATION Si Signature &LaVL 0 A- Printed Name BOARD OF COUNTY COMMISSIONERS MARTIN COUNTY, FLORIDA N 1co le Carey Nicole Carey Purchasing Manager 9 --T i I I APPROVED AS TO FORM AND CORRECTNESS BY COUNTY ATTORNEY Page 170 of 585 6.E. CONSENTAGENDA 5/16/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 5/16/2017 REQUESTED ACTION BY COMMISSION: Legal Expenses - April 2017 - Information at the request of the City Commission. No action required. EXPLANATION OF REQUEST: Some outside firms have not provided their April 2017 statements to Risk Management and therefore their March and April invoices (most recent) are attached. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: Budgeted Budgeted ALTERNATIVES: N/A STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type D Attachment Fih�ffwlm Description Summary Goren General Goren Cherof Doody & Ezrol PA April 2017 1 nvoices Summary Goren Risk Goren Cherof Doody & Ezrol PA April 2017 Risk Litigation Invoices Page 171 of 585 REVIEWERS: Department Legal Finance City Manager Summary Outside Counsel Risk Litigation Invoices Reviewer Action Swanson, Lynn Approved Howard, Tim Approved LaVerriere, Lori Approved D ate 5/10/2017 ® 10:51 AM 5/10/2017 ® 11:41 AM 5/10/2017 ® 1:53 PIM Page 172 of 585 Goren, Cherof, Doody & Ezrol, P.A. - Apr 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 Cordeiro, Marcelo Carvalho(FBM Leasing) Litigation Massey, David A (PNS Bank) 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) Cleveland, Darren (FNMA) Wells Fargo Bank (RHA2, LLC) White, Jack, Bank of NY Meeks,Richard & Takeeta, Nationstar mtg FPM Prop, Fed Natl Mort Secured Holdings Bock, Sharon as Clerk & Comptroller PBC Estate of Hazel Clemmons,James Nutter Co. HUD Housing Discrimination City -Boynton CDC Vacant Parcel City -Habitat Vacant Parcels Town Square Deutsche Bank Natl Trust (GMAC) TOTAL General Legal Costs -Apr 2017 124 Hours 16,165.84 2,236.43 7,653.50 0.00 0.00 0.00 4,251.00 0.00 527.55 58.50 195.00 0.00 0.00 0.00 1,492.52 117.00 58.50 136.50 78.00 0.00 1,014.00 491.70 156.00 3,159.00 273.00 292.50 2,710.50 390.00 41,457.04 Page 173 of 585 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 05/02/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-0603180 Boynton Beach FL 33425 STATEMENT NO: 15156 Attn: Lynn Swanson LABOR - General Photocopies 3.50 TOTAL EXPENSES THRU 04/30/2017 3.50 03/17/2017 Federal Express - Invoice 5-752-13360 29.43 29.43 TOTAL ADVANCES THRU 04/30/2017 29.43 TOTAL CURRENT WORK 2,236.43 Page 174 of 585 HOURS 04/11/2017 JAC review and attend pre -D for Paul Green 2.00 04/19/2017 SHB Leon Herrington: receive and review pre -determination documents. Research FMLA matters. Follow up with Oldbury. 1.30 JAC review body cam issue; review draft termination issue; posted report search - check re: pension consultant documents 0.90 04/24/2017 SHB EEOC site visit at City Hall re: police department age discrimination complaints. Meeting with Oldbury re: Herrington termination matters. 4.50 04/26/2017 SHB Research re: sick leave matters; discuss with JAC. 0.60 04/28/2017 JAC Review SEIU CBA per JO request. 2.00 FOR CURRENT SERVICES RENDERED 11.30 2,203.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 4.90 $195.00 $955.50 SHANA H. BRIDGEMAN 6.40 195.00 1,248.00 Photocopies 3.50 TOTAL EXPENSES THRU 04/30/2017 3.50 03/17/2017 Federal Express - Invoice 5-752-13360 29.43 29.43 TOTAL ADVANCES THRU 04/30/2017 29.43 TOTAL CURRENT WORK 2,236.43 Page 174 of 585 CITY OF BOYNTON BEACH LABOR - General BALANCE DUE Page: 2 05/02/2017 ACCOUNT NO: 306-0603180 STATEMENT NO: 15156 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE $2,236.43 Page 175 of 585 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 05/02/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-0806020 Boynton Beach FL 33425 STATEMENT NO: 15157 Attn: Lynn Swanson Red Light Cameras HOURS 03/23/2017 SHB Various correspondence re: Hollander request for continuance; follow up with PD. Receive and review affidavit from Pamela Pantaleo; follow up with PD. Receive and review statistics and pending case information from ATS; discuss with MDC and JAC. 1.60 03/27/2017 SHB Receive and review various correspondence from Hollander re: pending cases. Telephone conference with Hawkins re: pending cases and program close-out matters. Discuss program matters with JAC and MDC. Prepare and file notices of intent to rely on business records for use at trial. 1.80 03/28/2017 SHB Discuss program matters with JAC and MDC. Various correspondence with PD, and ATS re: program statistics and program wrap-up. 2.00 JAC evaluate cost/revenue issues re: program options; review class settlement and media issue for discussion with Mayor 0.50 03/29/2017 SHB Prepare and file notices of intent to rely on business records for use at trial. 2.00 JAC review data re: Commission request; conference with SB re: remaining pending cases. 1.10 03/30/2017 SHB Review red light statistics and program costs. Prepare report for Commission.Various correspondence with PD and Finance re: program matters. Various correspondence with Clerk of Court re: status of UTC cases. Review previous agenda item backup and documents provided to Commission. Prepare chart for Commission review; discuss with JAC. Prepare and file notices of intent to rely on business records for use at trial. 3.00 03/31/2017 SHB Various correspondence from PD and County Clerk re: pending cases and program wrap-up matters. Prepare additional documentation for Commission review. Receive and review orders resetting hearings. Receive and review various notices of filing from Leifert re: settlement payments. 2.00 04/03/2017 SHB Follow up with officers re: status of UTC review. Follow up with Finance re: violator payments. Telephone conference with defense counsel re: status check and fine payments. Review statutes and discuss program matters with JAC. Revise report to Commission. 2.50 04/04/2017 SHB Prepare for status check hearing re: $50 payments; follow up with PD re: resolution of pending cases. Page 176 of 585 CITY OF BOYNTON BEACH ACCOUNT NO STATEMENT NO Red Light Cameras Revise documents to provide to Commission. Discuss with JAC. Telephone conference with Hawkins re: program matters and pending cases. Various correspondence with ATS re: program matters. Confirm statistics with Finance department. Send slides to IT for use at Commission meeting. Prepare and file notices of intent to rely on business records for use at trial. JAC review and preparation to discuss RLC program revenue and costs 04/05/2017 SHB Attend status check hearing with Judge Damico. Follow up with staff re: dismissals. Prepare and file notices of intent to rely on business records for use at trial. 04/06/2017 SHB Review spreadsheet and payment records provided by Petriello. Various correspondence with Verrigni and Petriello re: $50 payment matters. Follow up with PD re: statistics and pending case matters. Follow up with Hollander re: Roderick Ruiz transfer of liability. Follow up with Fredericksen re: $50 payments at City Hall. �� 6.00 1.50 0 1.50 04/07/2017 SHB Follow up with PD re: $50 settlement payments. Follow up with JAC re: pending matters. 0.60 04/10/2017 SHB Prepare and file notices of intent to rely on business records for use at trial. 3.20 04/12/2017 SHB Follow up with Hawkins and Judy Smith re: local city hall hearing scheduling, calendaring, and noticing matters. 0.30 04/13/2017 SHB Prepare and file notices of intent to rely on business records for use at trial. Discuss settlement payments and case matters with officers. 3.20 04/18/2017 SHB Receive and review notices of objection filed by Hollander. Prepare and file notices of intent to rely on business records for use at trial. 2.00 FOR CURRENT SERVICES RENDERED 38.80 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 3.10 $195.00 $604.50 SHANA H. BRIDGEMAN 35.70 195.00 6,961.50 Color photocopies Photocopies TOTAL EXPENSES THRU 04/30/2017 TOTAL CURRENT WORK BALANCE DUE Page: 2 05/02/2017 306-0806020 15157 7,566.00 2.45 85.05 87.50 7,653.50 $7,653.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 177 of 585 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 04/03/2017 JAC on site office administration and review; attend staff meeting; review for Commission meeting; preparation re: Ocean One; conference and document revisions re: Taset (body cam) agreement; conference re: Peterbilt warranty work; preparation on RLC data and presentation 8.20 04/04/2017 DNT Telephone conference call with Gary Itskovich regarding status of consent; telephone conference call with Colin Groff regarding status of easement at Royal Manor Estates. 0.60 JAC onsite office administration; prepare for and attend Commission meeting; review employment letter; review cemetery rules and request from Elder Care 6.50 SHB Contact various municipalities re: abandoned vehicle towing matters; follow up with Woods. 0.60 04/05/2017 JAC onsite; commission meeting follow up; conference with staff re: chronic nuisance ordinance and start rewrite; review statutes, code and DOE opinions re: filing requirements and fines 4.70 SHB Meeting at City Hall re: chronic nuisance ordinance. 2.00 04/06/2017 JAC preparation re: chronic nuisance ordinance; miscellaneous review of agenda issues and status of pending moratorium; conference with SB re: pending labor issues; departmental review and preparation for budget 5.40 04/07/2017 JAC agenda and meeting preparation; conference with TD re: cases and preparation for FN re -assignments; check case status; review cemetery -transfer issue; review Monterey issue for Commissioner and call re: same 5.10 SHB Receive and review contract documents from Miex; follow up with City. Receive and review municipal prosecution documents; prepare and file Brown dismissal. 0.60 04/10/2017 JAC on-site; conference re: Med MJ ordinance; office administration matters 4.60 04/11/2017 JAC on-site office matters and agenda review 2.20 04/12/2017 JAC agenda item review and preparation; call with Big Belly representative re: contract 4.70 Page: 1 05/02/2017 306-9001821 15158 Page 178 of 585 Page: 2 CITY OF BOYNTON BEACH 05/02/2017 ACCOUNT NO: 306-9001821 STATEMENT NO: 15158 General Matters �� 04/13/2017 SHB Review additional emails and comments. Research overdose matters. Revise chronic nuisance ordinance and discuss with JAC. Follow up with Triestman re: piggyback contract matters. 3.00 JAC agenda review and preparation; review Habitat conveyance issues and notice; review social media issues per Commissioner email; review video re: Town Square proposals; review MJ regulations and status of State Legislature action 4.80 04/14/2017 JAC calls and prepare agenda items; revise chronic nuisance ordinance 5.80 04/17/2017 FLN Started review of utility lien matter re: property located at 130 SE 14th avenue. 1.20 JAC on site; review contract assignments; attend staff meeting; conference re: contingency lien reduction agreements and revise same 5.50 04/18/2017 FLN Finalized review of utility account issue re: property located at 130 SE 14th avenue; discussed with Jim Cherof and with Barb Conboy via t/c; t/c to homeowner's attorney on this matter; reviewed and discussed utility lien content issues with Jim Cherof and Barb Conboy via t/c; reviewed MOU draft between PB County School Board and BB City Library; reviewed pertinent law, ie. FERPA and discussed with Jim and with Craig Clark, library director via T/C; sent advice email to Craig ccing Jim; began review of request for MOU from City's Parks and Rec department and sent related email to Wally Majors; started review re: convenience fee exemptions. 6.00 JAC onsite - prepare for and attend Commission meeting 7.70 SHB Receive and review correspondence from Officer Reynolds re: PRR/criminal records request. Review statutory requirements. Correspondence to Reynolds and Matson. 0.30 04/19/2017 FLN T/C with attorney John Herin re: utility account issues for property located at 130 SE 14th Avenue and follow up email; reviewed and started research on convenience fee issue and exemption to consumer surcharges. 1.50 SHB Research re: NC -17 film matters; discuss with JAC. 0.70 JAC onsite; prepare and attend strategic planning City Commission meeting; post regular meeting follow up on contracts and approvals; preparation -research re: data on workforce housing 7.40 DNT Telephone conference call with Octavia Sherrod re: notice for public meeting for annual funding plan. 0.30 04/20/2017 FLN T/C with Wally Majors and Amy Blackman re: MOU needed for music band; drafted MOU as requested by Parks and Rec department for Jim Cherofs review; began review of stage/sound vendor quotation from Parks and Recreation.. 5.70 SHB Receive and review inquiry from Clerk re: lien settlement matters. Follow up with Pyle. Receive and review inquiry from police department re: evidence requests. Review applicable statutes. Telephone conference with Matson and Reynolds. Review discovery documents and send correspondence to prosecutor Danielle Sherriff. 3.10 JAC onsite; attend FHC of PB luncheon with TH; review agenda items and contracts 5.40 Page 179 of 585 Page: 3 CITY OF BOYNTON BEACH 05/02/2017 ACCOUNT NO: 306-9001821 STATEMENT NO: 15158 General Matters 04/21/2017 SHB Telephone conference with Smith re: municipal lien interest matters. Telephone conference with ASA Sherriff re:: public records request/criminal evidence matters. Correspondence with Matson and Reynolds re: records request matters. Telephone conference with Reynolds. SCW Review Notice of Chapter 7 Bankruptcy Case -No Proof of Claim Deadline. Draft summary of filing. JAC onsite; review RFP and office administration 04/24/2017 JAC Review pending attorney assignments and case updates; call from Ellen Bogdanoff re: Med MJ and lottery. FLN Completed review of Stage/Sound Vendor quote terms; reviewed relevant statutory sections; prior to discussing with Jim Cherof. 04/25/2017 JAC Agenda item review; call with AM and MR re: group homes moratorium; follow up re: HUD issues; review with TD re: case defense; preparation re: chronic nuisance ordinance and meeting; review forfeiture case with BS. 04/26/2017 FLN Discussed review of Stage Sound Vendor quote terms with Jim Cherof; drafted and sent detailed advice email to Wally Majors. KL Receipt of O & E Report from Attorneys Title; prepare draft of memorandum regarding information for unsafe structure of property located at 204 NE 12th Avenue. 04/27/2017 FLN Reviewed and discussed issue re: waiver of interest from hard costs/lien with Jim Cherof; reviewed relevant correspondence and T/C to a sister city to discuss matter for input. JAC Agenda review and preparation; review RFP re: design build and discuss with MC. MDC Confer with JAC, review RFP Utility Project, miscellaneous research on CCNA, Construction Manager at Risk. 04/28/2017 FLN Reviewed Palm Beach School Board legal counsel revisions comment to Library MOU draft; revised MOU to be resent to Craig Clark for further review and discussions. FOR CURRENT SERVICES RENDERED TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE HOURS 1.50 0.20 4.20 2.80 1.00 1.60 1.00 0.40 0.80 3.50 0.90 2.50 124.00 16,165.84 16,165.84 $16,165.84 Page 180 of 585 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 05/02/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9904950 Boynton Beach FL 33425 STATEMENT NO: 15159 Attn: Lynn Swanson Litigation Miscellaneous HOURS 04/03/2017 TAD Receipt and review of information re: claim for tennis court fall. Receipt of Use of Force (Sohn). Receipt of Use of Force (Dunlop). Telephone conference with the City re: response to request regarding claim for tennis court fall. Prepare correspondence to the City re: release. 0.90 BJS Review forfeiture, review attached police repots, t/c with JAC, and draft follow up correspondence to Scott Harris 0.50 04/04/2017 JAC review Goldman continuance and status; review pending tort defense case status; discuss with AC attorneys 1.50 04/05/2017 TAD Attend meeting with City risk re: status of claims and discovery responses. Meet regarding use agreement. Review correspondence re: software agreement and review agreement. Prepare correspondence to City re: software agreement and merger of servicing company. 4.30 04/06/2017 JAC review Goldman case and settlement option with TD; review pending tort defense cases with assigned attorneys 0.90 04/10/2017 JAC review pending case assignments; dockets and status of ACA cases 1.60 04/13/2017 BJS Review new forfeiture and draft follow up correspondence 0.40 04/17/2017 BJS Review new forfeiture and t/c with Scott Harris, draft follow up correspondence with legal research 0.80 TAD Receipt and review of use of force report (Kimball). Reveiw claim information from outside counsel and review status of claims for meeting with city. 0.90 04/19/2017 BJS Review correspondence and follow up re: Settlement/Payne 0.30 TAD Receipt and review of correspondence from adjuster re: information on excess carrier and reporting requirements. Receipt of correspondence from the City re: same. 0.20 JAC review pending cases and attorney assignments; review re -assignments to FN 1.10 04/20/2017 BJS Review correspondence and follow up re: Payne 0.30 TAD Receipt and review of correspondence re: public records request and prepare response to same. 0.20 Page 181 of 585 CITY OF BOYNTON BEACH ACCOUNT NO STATEMENT NO Litigation Miscellaneous 04/24/2017 TAD Review claims and prepare outline of issues for meeting. 04/25/2017 BJS Review new forfeiture matter re Millines and draft follow up correspondence with legal research 04/26/2017 JAC Review attorney caseloads and online review of dockets/pleadings. TAD Attend meeting with city re status of claims and offers 04/28/2017 TAD Receipt and review of supervisors incident report from City FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE JAMES A. CHEROF 7.30 $195.00 BRIAN J. SHERMAN 2.90 195.00 TRACEY A. DECARLO 11.60 195.00 TOTAL CURRENT WORK BALANCE DUE HOURS 1.60 0.60 2.20 3.30 0.20 21.80 TOTAL $1,423.50 565.50 2,262.00 Page: 2 05/02/2017 306-9904950 15159 4,251.00 $4,251.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 182 of 585 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 04/06/2017 KLE email from Brett Johnson responding to open issues, email to group. 0.40 04/07/2017 KLE Emails from and to Joe Paterniti, et al re: Central Seacrest Phase 2, conference with Jim. 0.40 04/13/2017 JAC review and discuss ROW abandonment by plat vs. dedication; title research re: same 1.20 KLE Review email and conference with Jim and David re: dedicating the entire lot at 1204 NW 1st Street, review documents. 0.40 04/19/2017 JAC review status of ROW issue and dedication 0.30 FOR CURRENT SERVICES RENDERED 2.70 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 1.50 $195.00 $292.50 KERRY L. EZROL 1.20 195.00 234.00 Photocopies TOTAL EXPENSES THRU 04/30/2017 TOTAL CURRENT WORK BALANCE DUE Page: 1 05/02/2017 306-9905018 15160 526.50 1.05 1.05 527.55 $527.55 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 183 of 585 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. Chandler, Nancy (RIC MAN) 04/06/2017 TAD Receipt and review of correspondence re: status of claim and deposition of plaintiff. FOR CURRENT SERVICES RENDERED TIMEKEEPER TRACEY A. DECARLO TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.30 $195.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 05/02/2017 306-9905019 15161 HOURS 0.30 0.30 58.50 TOTAL $58.50 58.50 $58.50 Page 184 of 585 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 Rodrigues, Louis IA 14-020 ACCOUNT NO STATEMENT NO 04/10/2017 SHB Receive and review arbitration award. Transmit to City for review. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE SHANA H. BRIDGEMAN 1.00 $195.00 TOTAL CURRENT WORK BALANCE DUE HOURS 1.00 1.00 TOTAL $195.00 Page: 1 05/02/2017 306-9905108 15162 195.00 195.00 $195.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 185 of 585 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 05/02/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905136 Boynton Beach FL 33425 STATEMENT NO: 15163 Attn: Lynn Swanson adv. Jackson, Avian M. (Forfeiture) Parking 04/10/2017 Courthouse Copies 30.02 30.02 TOTAL ADVANCES THRU 04/30/2017 30.02 TOTAL CURRENT WORK 1,492.52 BALANCE DUE $1,492.52 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 186 of 585 HOURS 04/03/2017 BJS Review file and follow up re: Plea and forms 0.50 04/06/2017 BJS Review file and prepare for Status Conference hearing 0.50 04/10/2017 BJS Attend Status Conference at the Palm Beach Main Courthouse, t/c with Ofc. Scott Harris, obtain certified documents re: Plea 4.50 04/28/2017 BJS Revise Motion to Dismiss, review plea documents, continued legal research 2.00 FOR CURRENT SERVICES RENDERED 7.50 1,462.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL BRIAN J. SHERMAN 7.50 $195.00 $1,462.50 Parking 04/10/2017 Courthouse Copies 30.02 30.02 TOTAL ADVANCES THRU 04/30/2017 30.02 TOTAL CURRENT WORK 1,492.52 BALANCE DUE $1,492.52 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 186 of 585 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) ACCOUNT NO STATEMENT NO 04/24/2017 FLN Reviewed file documents and recently filed Defendant Owner's Motion for Sanctions against Plaintiff. 04/26/2017 FLN Reviewed file notes and documents; reviewed Defendant Owner's Motion for sanctions for Failure to Comply with Order and Motion to Compel Compliance. FOR CURRENT SERVICES RENDERED TIMEKEEPER FARAH L. NERETTE TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.60 $195.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 05/02/2017 306-9905184 15164 HOURS 0.30 0.30 0.60 117.00 TOTAL $117.00 117.00 $117.00 Page 187 of 585 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. The Bank of New York Mellon Trust Company, N.A. (White, Jack) 04/10/2017 SCW Review pleadings regarding trial and complaint. ACCOUNT NO STATEMENT NO 04/27/2017 FLN Reviewed Notice of hearing on Motion to Appoint Guardian ad litem; sent email to opposing counsel re: City's position. FOR CURRENT SERVICES RENDERED TIMEKEEPER FARAH L. NERETTE SHARI C. WALLEN TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.40 $195.00 0.30 195.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 05/02/2017 306-9905188 15165 HOURS 0.30 0.40 0.70 136.50 TOTAL $78.00 58.50 136.50 $136.50 Page 188 of 585 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. Wells Fargo Bank, N.A. (RHA 2, LLC, et al.) 04/19/2017 FLN Reviewed file documents and recently filed Motion to Withdraw by primary defendant's counsel; reviewed notice of filing affidavit as to reasonable attorneys fees filed by Plaintiff. FOR CURRENT SERVICES RENDERED TIMEKEEPER FARAH L. NERETTE TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.30 $195.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 05/02/2017 306-9905196 15166 HOURS 0.30 0.30 58.50 TOTAL $58.50 58.50 $58.50 Page 189 of 585 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) ACCOUNT NO STATEMENT NO 04/19/2017 FLN Reviewed Order granting State of Florida's Motion to be excused at pretrial and trial; reviewed file. 04/24/2017 FLN Reviewed file and Final Judgment of Foreclosure and recently filed Notice of Assignment of Bid filed by Plaintiff Nationstar Mortgage. FOR CURRENT SERVICES RENDERED TIMEKEEPER FARAH L. NERETTE TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.40 $195.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 05/02/2017 306-9905200 15167 HOURS 0.20 0.20 0.40 78.00 TOTAL $78.00 78.00 $78.00 Page 190 of 585 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. Secured Holdings, Inc. ACCOUNT NO STATEMENT NO HOURS 04/05/2017 JAC review order; conference with LL and Bevis Pigott re: status of cases and review of issues regarding utilities assumption of operations 1.30 04/07/2017 JAC review AP request to meet; confer with LL and gather documents for her review 0.80 04/20/2017 JAC prepare for conference with attorneys - review pleadings and case status 0.50 04/21/2017 JAC conference and follow up with attorneys and LL re: settlement; abandonment and lot transfers; title review 2.60 FOR CURRENT SERVICES RENDERED 5.20 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 5.20 $195.00 $1,014.00 TOTAL CURRENT WORK BALANCE DUE Page: 1 05/02/2017 306-9905206 15168 1,014.00 $1,014.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 191 of 585 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.) 04/19/2017 FLN Reviewed Guardian Ad Litem report filed on 4/14/17. ACCOUNT NO STATEMENT NO 04/24/2017 FLN Reviewed Clerk's Answer to Verified Amended Complaint, 04/28/2017 FLN Reviewed file documents and filed Answer and Affirmative defenses by owner estate of Hazel Clemmons. FOR CURRENT SERVICES RENDERED TIMEKEEPER FARAH L. NERETTE TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.80 $195.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 05/02/2017 306-9905212 15169 HOURS 0.30 0.20 0.30 0.80 156.00 TOTAL $156.00 156.00 $156.00 Page 192 of 585 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. Bock, Sharon R., as Clerk & Comptroller for PBC 04/05/2017 SCW Review Agreed Order Excusing Palm Beach County Tax Collector's Office from Calendar Call, Mediation, and Trial. Agreed Order on Deutsche Bank National Trust Company's Motion to Be Excused from all Pretrial Matters. FOR CURRENT SERVICES RENDERED TIMEKEEPER SHARI C. WALLEN TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.20 $195.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 05/02/2017 306-9905221 15170 HOURS 0.20 0.20 39.00 TOTAL $39.00 39.00 $39.00 Page 193 of 585 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. Bock, Sharon R. (Corporate Professional Resources, LLC) ACCOUNT NO STATEMENT NO 04/05/2017 SHB Follow up re: Code compliance lien documents. Prepare and file response to complaint for interpleader. 04/12/2017 SHB Prepare and file Notice of Appearance FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE SHANA H. BRIDGEMAN 2.30 $195.00 Photocopies TOTAL EXPENSES THRU 04/30/2017 TOTAL CURRENT WORK BALANCE DUE Page: 1 05/02/2017 306-9905258 15171 HOURS 2.00 0.30 2.30 448.50 TOTAL $448.50 4.20 4.20 452.70 $452.70 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 194 of 585 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 HUD Housing Discrimination -Group Homes Moratorium ACCOUNT NO STATEMENT NO 04/05/2017 JAC preliminary review of HUD complaint; review records 1.20 04/07/2017 SHB Meeting with JAC re: answer to claim. Research provisions for extension of time. Research standing. 0.90 JAC research documents for response; research HUD regulations; review staff reply re: data 2.20 04/10/2017 SHB Research re: standing to file claim; discuss with JAC. 2.50 JAC continue preparation of HUD response 1.20 04/11/2017 JAC finalize response; calls with staff and Mayor response; follow up research 2.80 04/12/2017 JAC finalize response; calls with staff and Mayor response; follow up research 2.80 04/17/2017 JAC discuss with LL; follow up re: affidavits and supplemental response 0.80 04/26/2017 JAC Follow up on status and inquiry re: conciliation - review HUD correspondence and online research of comp action. 1.80 FOR CURRENT SERVICES RENDERED 16.20 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 12.80 $195.00 $2,496.00 SHANA H. BRIDGEMAN 3.40 195.00 663.00 TOTAL CURRENT WORK BALANCE DUE Page: 1 05/02/2017 306-9905260 15172 3,159.00 $3,159.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 195 of 585 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 s/t Boynton Beach Faith - Based Community Development Corporation (Vacant Parcel - NW 13th Avenue) 04/13/2017 DNT Dictate purchase and sale agreement for lot on NW 13th Ave. 04/19/2017 JAC review sale and notice issues; conference with DT FOR CURRENT SERVICES RENDERED TIMEKEEPER JAMES A. CHEROF DAVID N. TOLCES TOTAL CURRENT WORK BALANCE DUE ACCOUNT NO STATEMENT NO RECAPITULATION HOURS HOURLY RATE 0.40 $195.00 1.00 195.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 05/02/2017 306-9905261 15173 HOURS 1.00 0.40 1.40 273.00 TOTAL $78.00 195.00 273.00 $273.00 Page 196 of 585 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 s/t Habitat for Humanity of South Palm Beach County, Inc. (1118 NE 2nd St., NE 11th Ave., 1114 NE 2nd St. & NE 12th Ave.) 04/13/2017 DNT Dictate purchase and sale agreement for four lots. 04/19/2017 JAC review sale and notice issues; conference with DT FOR CURRENT SERVICES RENDERED TIMEKEEPER JAMES A. CHEROF DAVID N. TOLCES TOTAL CURRENT WORK BALANCE DUE ACCOUNT NO STATEMENT NO RECAPITULATION HOURS HOURLY RATE 0.50 $195.00 1.00 195.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 05/02/2017 306-9905262 15174 HOURS 1.00 0.50 1.50 292.50 TOTAL $97.50 195.00 292.50 $292.50 Page 197 of 585 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 Town Square Development 04/20/2017 JAC prepare for team conference and preliminary outline of project ACCOUNT NO STATEMENT NO HOURS 1.40 04/21/2017 JAC team conference and bring contract; conference with SSG re: scope of project. 2.50 04/24/2017 DNT ConfER with JAC re: Town Square project; review RFP video presentation; review response from E2L; dictate development agreement for Town Square project. 2.00 JAC Conference with SSG and conference with DT re: attorney assignment and document preparation; review developer presentation and representations for record. 2.30 04/25/2017 JAC Prepare project contracts; conference with DT re: project scope and checklist; call to TH re: financing issue; call to M. Weiner re: legal team/assignment issues. 2.40 DNT Review proposed town square project; review RFP, review presentation, review draft documents; telephone conference call with JAC and Tim Howard regarding status of document preparation. 2.80 04/27/2017 JAC Continue review of document and related issues. 0.50 FOR CURRENT SERVICES RENDERED 13.90 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 9.10 $195.00 $1,774.50 DAVID N. TOLCES 4.80 195.00 936.00 TOTAL CURRENT WORK BALANCE DUE Page: 1 05/02/2017 306-9905263 15175 /-, i i v.w 2,710.50 $2,710.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 198 of 585 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. Deutsche Bank National Trust Company vs. Ocwen Loan Servicing (GMAC Mortgage) 04/26/2017 FLN Reviewed file documents including email from City staff on status of lien, reviewed Complaint; drafted Answer and Affirmative defenses. FOR CURRENT SERVICES RENDERED TIMEKEEPER FARAH L. NERETTE TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 2.00 $195.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 05/02/2017 306-9905264 15176 HOURS 2.00 2.00 390.00 TOTAL $390.00 390.00 $390.00 Page 199 of 585 Goren, Cherof, Doody & Ezrol, P.A. - Apr 2017 Risk Cases Fitting, Cynthia (MVA) 0.00 Kimsey, Erin (MVA) 0.00 Ford, Sharron(Negligence arrest) 58.50 Laster, Torami(Slip & Fall) 0.00 Mina, German (Slip & Fall) 195.00 Gregory, Mola (Slip & Fall) 1,903.40 Oldham, Dana (Fall) 58.50 Robinson, Bennie(False Arrest) 4,424.35 Galindez, Dennis(Slip & Fall) 4,129.40 Caliskan, Hasan(MVA) 1,404.00 Jenkins, Gail & Leon (Demolition) 0.00 Baez, Estela (Slip & Fall) 0.00 Blutcher, Pamela (MVA) 474.40 Goldman, Barry(Bike/grate accident) 4,123.25 Braswell, Jeff rey(Excessive Force) 0.00 Jackson-Evancich, Deborah 0.00 Broberg, Leif Complaint(2015) 0.00 Dunn, Jonathan(arrest w/o probable) 0.00 Wade, George(auto accident) 10,653.75 Caliendo, Giovanni & Emily(Code) 585.00 Ceasor-Mondelus, Jacqueline(MVA) 331.50 Shevlin, Patrick(false arrest) 916.50 Ryan, Ronald(whistleblower) 6,954.80 Estime, Robens(Police Deadly Force) 175.50 Honacher, Jack (Baker Act -Police) 0.00 Hill, Ashley(excessive force) 136.50 Frenney, James (Bike Accident) 58.50 Bolt, Barbara Dilger (MVA) 0.00 Basinski, Donna(MVA Garbage Truck) 0.00 Jenkins, Laquanda (Public Works) 0.00 TOTAL Goren,Cherof Risk Legal Costs 36,582.85 Page 200 of 585 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. Ford, Sharron (negligence arrest) Billing Category 18-RLO 04/12/2017 TAD Confer with outside counsel re: settlement issues and information from the City. FOR CURRENT SERVICES RENDERED TIMEKEEPER TRACEY A. DECARLO TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.30 $195.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 05/02/2017 306-9905029 15183 HOURS 0.30 0.30 58.50 TOTAL $58.50 58.50 $58.50 Page 201 of 585 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. Mina, German (slip & Fall) Billing Category: 18-RLO Claim #001470 -000340 -GB -01 ACCOUNT NO STATEMENT NO HOURS 04/17/2017 TAD Receipt and review of motion to withdraw and notice of hearing on same. Prepare correspondence to city re: motion. 0.40 04/21/2017 TAD Prepare correspondence to plaintiff counsel re: hearing on motion to withdraw and receipt of response to same. 0.20 04/24/2017 TAD Receipt of correspondence re IME and prepare response to same. 0.20 04/28/2017 TAD Receipt of correspondence from plaintiff re motion to withdraw. 0.20 FOR CURRENT SERVICES RENDERED 1.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 1.00 $195.00 $195.00 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 05/02/2017 306-9905062 15184 195.00 $195.00 Page 202 of 585 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 05/02/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905066 Boynton Beach FL 33425 STATEMENT NO: 15185 Attn: Lynn Swanson adv. Gregory, Mola (slip & fall) Billing Category: 18-RLO Claim #001470 -000341 -GB -01 HOURS 04/03/2017 TAD Receipt and review of correspondence from plaintiff re: deposition of the plaintiff and city representatives. 0.20 04/18/2017 TAD Receipt and review of plaintiffs complaint and responses to discovery. Review web information on plaintiff. Review Plaintiffs medical records and prepare outline for deposition of plaintiff. 4.30 04/19/2017 TAD Meet with Park manager and review area where incident occurred and discuss claims regarding deposition of plaintiff. Review prior risk investigation file re: same. 2.20 04/20/2017 TAD Prepare notice of non-party production to plaintiff medical providers. Prepare subpoenas to Dr. Calvanese; Dr. Brown; Dr. Santos; Florida Medical Center; Dr. Lestrange and Memorial Hospital. Prepare HIPAA release authorization forms for all subpoenas. 2.20 04/24/2017 TAD Revise notice of non-party production and HIPAA forms to include additional information. Review information on plaintiff re deposition of same. 0.80 FOR CURRENT SERVICES RENDERED 9.70 1,891.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 9.70 $195.00 $1,891.50 Photocopies 11.90 TOTAL EXPENSES THRU 04/30/2017 11.90 TOTAL CURRENT WORK 1,903.40 Page 203 of 585 CITY OF BOYNTON BEACH adv. Gregory, Mola (slip & fall) BALANCE DUE Page: 2 05/02/2017 ACCOUNT NO: 306-9905066 STATEMENT NO: 15185 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE $1,903.40 Page 204 of 585 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. Oldham, Dana (fall) Billing Category 18-RLO Claim #001470 -000346 -GB -01 04/10/2017 TAD Telephone conference with outside company re: response to subpoena. Receipt of correspondence re: response to subpoenas re: plaintiff records. FOR CURRENT SERVICES RENDERED TIMEKEEPER TRACEY A. DECARLO TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.30 $195.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 05/02/2017 306-9905069 15186 HOURS 0.30 0.30 58.50 TOTAL $58.50 58.50 $58.50 Page 205 of 585 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 05/02/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905073 Boynton Beach FL 33425 STATEMENT NO: 15187 Attn: Lynn Swanson adv. Robinson, Bennie (false arrest) Billing Category 18-RLO Claim #001470 -000336 -GB -01 HOURS 04/03/2017 TAD Receipt and review of correspondence from Harris counsel re: depositions of officers. 0.10 04/10/2017 TAD Receipt and review of reports from BBPD re: additional arrests of plaintiff. Extended telephone conference with plaintiff counsel re: settlement issues. Prepare correspondence to Harris counsel re: issues with settlement. 1.40 04/11/2017 TAD Review information from deposition of plaintiff and reports and prepare for meeting with officers. 0.80 04/13/2017 TAD Review plaintiffs deposition and outline same re meetings with officers re: claims and testimony. 1.90 04/17/2017 TAD Prepare outline of deposition of the plaintiff re: officer depositions and meetings. Receipt of correspondence from Harris counsel re: response to offer and prepare response to same. Receipt of plaintiff discovery responses and reports re: pre -deposition meeting with Officer Herny. 3.20 04/18/2017 TAD Receipt and review of photographs of Plaintiff and initial disclosures regarding depositions. Review plaintiff medical records re: offer and claims. Receipt of correspondence from plaintiff re: offer. 1.90 04/19/2017 TAD Confer with City PD re: CAD report and need for complete report. Receipt of CAD report for incident. Meet with Officer Herny re: pre -deposition discussion. Confer with Harris counsel re: status and settlement offer. Review case law re: offer and effect on claims against City. 3.80 04/20/2017 SCW Meeting with Tracey DeCarlo regarding deposition of Justin Harris. 0.10 TAD Receipt and review of correspondence from Harris and plaintiff counsel re: depositions and prepare response to same. 0.20 04/21/2017 SCW Attend deposition of Justin Harris and revise notes. 4.10 TAD Confer with Officer Herny re: deposition issues. Attend deposition of Herny. Confer with Harris counsel re: depositions and offer. Confer with Harris re: Page 206 of 585 Page: 2 CITY OF BOYNTON BEACH 05/02/2017 ACCOUNT NO: 306-9905073 STATEMENT NO: 15187 adv. Robinson, Bennie (false arrest) deposition. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TRACEY A. DECARLO 18.20 $195.00 SHARI C. WALLEN 4.20 195.00 Photocopies TOTAL EXPENSES THRU 04/30/2017 TOTAL CURRENT WORK BALANCE DUE HOURS 4.90 22.40 TOTAL $3,549.00 819.00 4,368.00 56.35 56.35 4,424.35 $4,424.35 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 207 of 585 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 05/02/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905083 Boynton Beach FL 33425 STATEMENT NO: 15188 Attn: Lynn Swanson adv. Galindez, Dennis (slip & fall) Billing Category: 18-RLO Claim #001470 -000330 -GB -01 HOURS 04/04/2017 TAD Prepare correspondence to City re: response to First Genesis discovery. Prepare draft answers to interrogatories. Prepare draft responses to request for production. Prepare draft response to request for admissions. Telephone conference with First Genesis counsel re: response to discovery. 1.90 04/05/2017 TAD Telephone conference First Genesis counsel re: response to discovery and prepare correspondence re: same. Prepare correspondence to City personnel re: response to discovery status and receipt of response to same. 0.50 04/06/2017 TAD Receipt and review of correspondence from the Plaintiff re: deposition of Marla Galindez. Receipt of correspondence from First Genesis re: same. Prepare correspondence to First Genesis re: discovery issues. 0.40 04/10/2017 TAD Receipt and review of Second Request for production to plaintiff. 0.20 04/11/2017 TAD Prepare notice of filing returns of service on plaintiff providers. Receipt of request for production to city and prepare correspondence re: same. 0.30 04/12/2017 TAD Receipt and review of correspondence from First Genesis counsel re: depositions and discovery. Review case law regarding workers compensation payments and updated law on exception for continued depositions and trial. 1.40 04/14/2017 TAD Receipt and review of correspondence from First Genesis counsel re: depositions and prepare response to same. Prepare correspondence to City re: information on former employee. 0.30 04/18/2017 TAD Receipt and review of correspondence from First Genesis counsel re: Mootz deposition. Receipt of correspondence from Plaintiff counsel re: deposition of Dennis Galindez. Review documents from City and prepare responses to Second Request for Production. Confer with City re: additional documents needed from finance to response to request. 1.50 Page 208 of 585 Page: 2 CITY OF BOYNTON BEACH 05/02/2017 ACCOUNT NO: 306-9905083 STATEMENT NO: 15188 adv. Galindez, Dennis (slip & fall) �� 04/19/2017 TAD Confer with City (finance) regarding documents for response to request for production. Receipt of third request for production to City. 0.30 04/21/2017 TAD Prepare correspondence to city re: response to request for production. Receipt of correspondence from City re: information on former employee re: deposition of same. Prepare correspondence to First Genesis counsel re: former employee and discovery responses. 0.40 04/24/2017 TAD Review records from Facilities re response to request for production. Prepare correspondence to facilities manager re additional information required. Prepare outline of issues for pre -deposition meeting with Brode. Receipt of correspondence and documents from Ramsey re answers to interrogatories and response to request for production. Prepare response to request for admissions. Prepare answers to interrogatories. Prepare correspondence to Ramsey re additional responses. 3.40 04/25/2017 TAD Prepare correspondence to city re discovery responses. Prepare correspondence to City representative re depositions. Receipt of personnel file of Magnanti re response to discovery 2.40 TAD Review records from Facilities re response to request for production. Prepare correspondence to facilities manager re additional information required. Prepare outline of issues for pre -deposition meeting with Brode. Receipt of correspondence and documents from Ramsey re answers to interrogatories and response to request for production. Prepare response to request for admissions. Prepare answers to interrogatories. Prepare correspondence to Ramsey re additional responses. 3.40 04/26/2017 TAD Attend meeting with Brode re deposition. Receipt of documents from finance re response to discovery. Prepare revisions to request for production. 4.10 04/28/2017 TAD Receipt of notice of deposition of Brode. Prepare correspondence to plaintiff re deposition and receipt of response to same. Prepare correspondence to city re deposition 0.40 FOR CURRENT SERVICES RENDERED 20.90 4,075.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 20.90 $195.00 $4,075.50 Photocopies 53.90 TOTAL EXPENSES THRU 04/30/2017 53.90 TOTAL CURRENT WORK 4,129.40 BALANCE DUE $4,129.40 Page 209 of 585 CITY OF BOYNTON BEACH adv. Galindez, Dennis (slip & fall) Page: 3 05/02/2017 ACCOUNT NO: 306-9905083 STATEMENT NO: 15188 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 210 of 585 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 05/02/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905092 Boynton Beach FL 33425 STATEMENT NO: 15189 Attn: Lynn Swanson adv. Caliskan, Hasan (MVA) Billing Category: 18-RLO Claim #001470 -000354 -AB -02 HOURS 04/03/2017 TAD Receipt and review of correspondence re: motion to strike and prepare response to same. Receipt of surveillance interrogatories to the City. Prepare correspondence to surveillance firm regarding interrogatories and receipt of response to same. Reveiw surveillance reports and prepare draft answers to interrogatories. Reveiw case law regarding response to motion to strike. 2.70 04/10/2017 TAD Receipt and review of correspondence to Judge re: motion to strike and case law. 0.30 04/12/2017 TAD Review case law re: issues with proposal for settlement to plaintiffs. Prepare notice of service of proposal for settlement to Caliskan and notice to Sezen. Prepare proposal for settlement to Caliskan and proposal to Sezen. Prepare release for inclusion with proposal to Caliskan and release for Sezen. 2.90 04/20/2017 TAD Receipt and review of correspondence from plaintiff re: depositions of investigator and physicians and prepare response to same. Prepare correspondence to investigator re: depositions. Prepare correspondence to expert re: CME and information on claims. Prepare request for CME for Caliskan. Prepare request for CME for Sezen. 1.30 FOR CURRENT SERVICES RENDERED 7.20 1,404.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 7.20 $195.00 $1,404.00 TOTAL CURRENT WORK 1,404.00 BALANCE DUE $1,404.00 Page 211 of 585 CITY OF BOYNTON BEACH adv. Caliskan, Hasan (MVA) Page: 2 05/02/2017 ACCOUNT NO: 306-9905092 STATEMENT NO: 15189 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 212 of 585 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. Blutcher, Pamela (MVA) Billing Category - 18RLO Claim #001470 -000369 -AB -01 HOURS 04/10/2017 TAD Review status of discovery and prepare motion to compel plaintiff to respond to discovery. Prepare correspondence to plaintiff re: deposition. Prepare notice of hearing on motion. Prepare correspondence to court re: motion and hearing. 1.50 04/25/2017 TAD Review motion to compel and discovery and prepare for hearing on same. Prepare proposed order on motion. 0.80 FOR CURRENT SERVICES RENDERED 2.30 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 2.30 $195.00 $448.50 Photocopies TOTAL EXPENSES THRU 04/30/2017 TOTAL CURRENT WORK BALANCE DUE Page: 1 05/02/2017 306-9905102 15190 448.50 25.90 25.90 474.40 $474.40 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 213 of 585 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 05/02/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905111 Boynton Beach FL 33425 STATEMENT NO: 15191 Attn: Lynn Swanson adv. Goldman, Barry (bike/grate accident) Billing Category: 18-RLO Claim #001470 -000373 -GB -01 HOURS 04/03/2017 TAD Review plaintiffs proposed verdict form re: trial. Review plaintiffs damage claims re: setoffs for trial. Prepare correspondence to City and adjuster re: status of trial. 1.60 04/04/2017 IR Continued trial preparation and finalized Defendant, City of Boynton Beach's Motion in Limine as to Expert Witness Andres Correa and retrieved 19 supporting legal citations, which including Florida Statues, and state of Florida and federal cases that support our motion; organized hearing folder for this motion in limine; receipt, reviewed and organized Plaintiff's new Exhibit #46 'Pre -Accident' photographs of the Plaintiff; duly marked and put into Plaintiffs Exhibits for use at trial; reviewed the Court's Order Re -Setting Case for Jury Trial, entered this date and set for 5.19.17 calendar call and trial period commencing 5.29.17; 6.30 TAD Receipt of additional exhibits from Plaintiff in response to exhibit exchange. Receipt of order from Court resetting trial. Prepare correspondence to City re: order. Prepare correspondence to witnesses re: trial reset and receipt of responses to same. 1.70 04/05/2017 IR Several telephone calls to opposing counsel's office regarding the special set hearing dates from Judge Rowe's J.A. for our Motion in Limine re:: Striking Plaintiff's Expert Witnesses' deposition testimony at trial; prepared emails regarding same / status; telephone conference with Sherrie, Judge Rowe's J. A. regarding dates of special set hearing; preparation of status emails after each phone conference and finalization of hearing on Judge Rowe's Special Set motion calendar for May 31, 2017; 1.30 04/06/2017 IR Reviewed new projects received from attorneys, updated Weekly WIP to send to firm partners, for review at weekly Friday morning meeting and emailed to attorneys; 0.70 TAD Review information on before and after witness re: deposition of same. Prepare correspondence to court re: motion in limine. Receipt of correspondence from plaintiff re: witness and prepare response to same. Prepare notice of deposition of witness. Prepare outline re deposition. 2.40 Page 214 of 585 Page: 2 CITY OF BOYNTON BEACH 05/02/2017 ACCOUNT NO: 306-9905111 STATEMENT NO: 15191 adv. Goldman, Barry (bike/grate accident) 04/12/2017 IR Receipt, reviewed and responded to emails regarding background searches pertaining to Plaintiffs latest filing of trial witnesses [co-workers]; reviewed ORder Re -Setting Case for Jury Trial, entered by the Court on 4.4.17, regarding dates for depositions of Plaintiffs trial witnesses. 04/13/2017 TAD Review medical claims and set off re: outline of issues with proposal for settlement for discussion with City. Draft proposal for settlement to plaintiff. Prepare notice of service of proposal and release for inclusion with proposal. Review case I;aw re: plaintiffs proposed verdict form and issues with set off. 04/14/2017 TAD Reveiw damage information re: setoff and potential verdicts for conference with City and JAC/. Confer with JAC re: proposal for settlement issues. Telephone conference with City re: proposal for settlement issues. Prepare correspondence to the city re: proposal. Receipt of notice of service of proposal from Plaintiff and receipt of proposal. 04/21/2017 TAD Receipt and review of correspondence from plaintiff counsel re: deposition of Florek and prepare response to same. Review information on additional witness re: deposition of same. 04/24/2017 TAD Prepare subpoena for deposition of plaintiff witness. Prepare correspondence to City witnesses re trial period. 04/25/2017 TAD Review information from Court re trial setting and ecalender call. Review information on witnesses for recorded depositions. Review case law re witnesses for trial TAD Prepare subpoena for deposition of plaintiff witness. Prepare correspondence to City witnesses re trial period. 04/28/2017 IR Re -reviewed trial notebook and prepared tickler to complete FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE INGRID RIERA 9.00 $125.00 TRACEY A. DECARLO 14.90 195.00 Photocopies TOTAL EXPENSES THRU 04/30/2017 TOTAL CURRENT WORK BALANCE DUE HOURS 0.30 3.80 1.30 1.30 0.50 1.80 0.50 0.40 23.90 4,030.50 TOTAL $1,125.00 2,905.50 92.75 92.75 4,123.25 $4,123.25 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 215 of 585 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 05/02/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905132 Boynton Beach FL 33425 STATEMENT NO: 15192 Attn: Lynn Swanson adv. Wade, George (auto accident) Billing Category: 18-RLO Claim #001470 -000380 -AB -01 04/05/2017 IR In preparation for trial, review of surveillance report of the Plaintiff, initial review of Plaintiffs Trial Disclosure filed March 9 2017; initial review to compare documents listed and documents in our possession, either received through discovery or presuit from our client, the City of Boynton Beach to prepare for trial. 2.20 TAD Review jury instructions and revise same re: trial preparation. Revise verdict form to include additional portions. Prepare notice of service of proposal for settlement and proposal for settlement. Prepare release as exhibit to proposal. 3.60 04/06/2017 TAD Telephone conference with judicial assistant re: trial setting and e -calendar call issues. Prepare correspondence to plaintiff counsel re: expert depositions. Review witness and exhibit lists re: same. Review status of discovery and prepare third request for production to plaintiff. Review issues with responses to subpoenas and prepare correspondence re: same. Review information from web sources re: plaintiff statue. Review information regarding property damage claim and stipulation re: trial issues. 3.70 04/07/2017 IR Continuation to review of Plaintiffs pretrial disclosure specifically in an effort to review his medical providers and dates of service, to prepare for trial; reviewed the Court's Order Setting Case for Trial with deadlines, entered on September 15, 2016, and the Court's subsequent reset of its trial order entered December 2, 2016; initial preparation of the City's trial binder to organize for TAD; re -reviewed Plaintiffs trial experts and printed a list of medical information in our possession, to commence new project Re:: Plaintiff's medical providers list and dates of treatment to compare and correlate in an excel spreadsheet comparison chart in advance of trial; 0.60 IR Receipt and initial review of documents received from our client enclosing payments made to First Genesis for alleged work performed by them and prepared notes to my working file, regarding the hourly rate compared with total amount paid from that year [and to review work performed, to compare same]. 0.20 04/10/2017 TAD Receipt and review correspondence re: response to subpoenas. Reveiw Page 216 of 585 Page: 2 CITY OF BOYNTON BEACH 05/02/2017 ACCOUNT NO: 306-9905132 STATEMENT NO: 15192 adv. Wade, George (auto accident) HOURS records from Dr. Rajkumar and Advanced Health Care. Review records from Dr. Golden and prepare outline and exhibits for deposition of same. 4.40 04/11/2017 IR Telephone call to Thomas Roush, MD office regarding status of their medical records that were subpoenaed in late 2016; received invoice from Dr. Roush's medical records clerk, Mariella; prepared email to TAD attaching same and conference with CD regarding same [and preparation of tickler to receive documents by April 20, 2017]; telephone conferences [several] with Slossberg Family Chiropractic / Advanced Healthcare [Kathryn Golden, DC's former office] regarding status of their medical and billing records of Plaintiff [non-responsive to our subpoena duces tecum from late 2016]; prepared email with subpoena and return of service, indicting service was accomplished and documents were not received [receptionist advised that an invoice was sent to 'Tina' and she provided a phone number, which turned out to be Plaintiff's counsels' office]; preparation of email summary of status in obtaining these records; receipt, review and downloaded 4 sets of records from Kathryn Golden, DC / Slossberg Family Chiropractic in Lake Worth, FL. 4.10 TAD Continue review of records from plaintiffs primary care physician and prepare outline of deposition questions and exhibits for same. Confer with IVR re: trial exhibits and subpoenas. 4.20 04/12/2017 IR Conference with TAD in preparation for the deposition of Dr. Kabinoff, initial review of numerous documents, to organize into groups with specific notes relating to Plaintiff's medical services received, conference with TAD to discuss locating the public records search for information relative to the Solid Waste Authority truck driver from incident when Plaintiff allegedly was injured. 1.30 TAD Receipt and review records re: treatment of the Plaintiff re: depositions and trial. Revise third request for production to plaintiff to include additional requests re: exhibits. Review testimony of plaintiff re: wage loss issues for trial. 2.80 IR Conference with TAD assistant, CD, regarding project to review 7 out of 8 sets of subpoenaed records that were received, to confirm complete sets of medical records; reviewed Trial Order and discovery dates to complete trial preparation projects [trial exhibits in order and list of trial witnesses]. 0.60 04/13/2017 IR Continuation of review of Plaintiffs medical records [numerous medical providers and dates of service], to glean information in order to cross-reference with other medical providers and treatment sought by the Plaintiff, to utilize at physicians' depositions currently being scheduled and for use at trial as well; 3.40 IR Reviewed online searches related to Plaintiff, in an attempt to locate information pertaining to and his assertions of lost income [re: his tile business, including other tile companies and initials he may have worked with] ; conference with TAD regarding trial preparation, including recent discovery sent to the Plaintiff [relating to his income allegations]; reviewed Plaintiff's deposition transcript, with notations of inconsistencies of his testimony, for use at trial and in an effort to locate witnesses and businesses [see prior entry]; 3.40 TAD Review plaintiffs deposition re: trial issues and additional discovery. Confer with IVR re: trial preparation. Prepare notices of deposition for plaintiffs Page 217 of 585 Page: 3 CITY OF BOYNTON BEACH 05/02/2017 ACCOUNT NO: 306-9905132 STATEMENT NO: 15192 adv. Wade, George (auto accident) HOURS expert/physicians. Prepare correspondence to plaintiff re: depositions. 2.70 04/14/2017 TAD Telephone conference with plaintiff counsel re: status and discovery. Prepare correspondence to medical expert re: review and trial issues. 0.40 04/17/2017 TAD Confer with plaintiff counsel re: status and claims. Receipt of correspondence re: medical issues and prepare documents for review by expert for trial testimony. 1.30 04/18/2017 TAD Receipt and review of correspondence from plaintiff re: depositions of physicians. Extended telephone conference with adjuster re: claim status and trial. 0.30 04/20/2017 TAD Receipt and review correspondence from plaintiff re: depositions and agreement re: discovery deadlines. Prepare correspondence to plaintiff counsel re: issues with plaintiffs experts. Confer with IVR re: doctors depositions. 0.40 04/24/2017 TAD Review plaintiffs discovery responses re trial exhibits and motions. Confer with IVRre trial issues. Prepare correspondence to expert re trial and additional information. Prepare correspondence to plaintiff physicians re depositions. Receipt of correspondence from Kabinoff and documents re deposition. 1.90 04/25/2017 IR Continuation with trial preparation, which includes extensive reviews and searches of documents saved to pdf, received through subpoenas, discovery and other sources in an effort to organize trial exhibits; reviewed videos of the Plaintiff [one at the scene of the accident and the second was surveillance one month after the accident - both to be utilized as exhibits at trial and conference with TAD regarding same; second conference with TAD regarding documents needed from City of Boynton Beach, to be used as trial exhibits and to confirm if said poliices were exchanged during the discovery phase of litigation; 5.60 04/26/2017 IR Continuation of trial preparation, including locating and retrieval and organization of trial exhibits on behalf of the City of Boynton Beach, for use at trial; initial review and organization of various testimony of the Plaintiff, in most cases presented under oath, and initial preparation to cross-reference same, for impeachment use at trial; 5.30 04/27/2017 IR Continued to review extensive / multiple medical records for organization and incorporation to utilize as trial exhibits on behalf of the City of Boynton Beach, for use at trial [filed twice for the City, first on November 11, 2016 and another on ; reviewed and created folders for Plaintiff's trial exhibits and to organize in specific groups, medical providers and medical facilities; initially organized trial witness folders, for use at trial. continuation of review case documents for use at trial [multiple medical providers j 6.20 Page 218 of 585 Page: 4 CITY OF BOYNTON BEACH 05/02/2017 ACCOUNT NO: 306-9905132 STATEMENT NO: 15192 adv. Wade, George (auto accident) 04/28/2017 IR Continuation of review and organization of trial exhibits [partially organized, but not in order], following our disclosure list filed with the court on November 11, 2016 and in compliance with the Court's Order Re -Setting Case for Jury Trial entered December 2, 2016; continuous updates to City of Boynton Beaches' Trial Notebook, including proposed voir dire, jury selection information, jury instructions, verdict form and legal research with case law and Fla. Stat. listed, as appropriate and other information to be updated, as witness depositions are taken and final discovery is exchanged TAD Review case law re potential motions in limine re trial exhibit and witness issues. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE INGRID RIERA 39.10 $125.00 TRACEY A. DECARLO 28.00 195.00 Photocopies TOTAL EXPENSES THRU 04/30/2017 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE �� 6.20 2.30 67.10 10,347.50 TOTAL $4,887.50 5,460.00 306.25 306.25 10,653.75 $10,653.75 Page 219 of 585 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. Caliendo, Giovanni & Emily (code violation) Billing Category: 18-RLO Claim #001470 -000400 -PI -01 HOURS 04/11/2017 TAD Prepare correspondence to City re: information on Hart. Review code issues and prepare request for production to plaintiffs. Prepare interrogatories to plaintiff G. Caliendo. 2.80 04/14/2017 TAD Receipt and review of correspondence from the City re: information for response to discovery requests and prepare response to same. 0.20 FOR CURRENT SERVICES RENDERED 3.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 3.00 $195.00 $585.00 TOTAL CURRENT WORK BALANCE DUE Page: 1 05/02/2017 306-9905171 15193 585.00 $585.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 220 of 585 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 05/02/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905179 Boynton Beach FL 33425 STATEMENT NO: 15194 Attn: Lynn Swanson adv. Ceasor-Mondelus, Jacqueline (MVA) Billing Category: 18 - RLO Claim #001470 -000394 -AD -01 HOURS 04/04/2017 TAD Receipt and review of second notice letter with consortium notice. Receipt of correspondence from the City re: information on accident and evidence. Reveiw claim information re: accident re: meeting with City on same. 0.60 04/05/2017 TAD Confer with City representatives re: information on accident and fire rescue run., Receipt of correspondence from the adjuster re: claim information. 0.30 04/06/2017 TAD Receipt and review of documents from City re: response to request for information on accident. Receipt of additional reports and photographs re: incident. Receipt of radio traffic. 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 MrM�. 331.50 $331.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 221 of 585 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. Shevlin, Patrick (false arrest) Billing Category: 18-RLO Claim #001470 -000395 -PP -01 04/03/2017 TAD Review case law re: Answer and Affirmative defenses. Prepare draft answer and affirmative defenses. Review plaintiffs answers to interrogatories and documents produced re: damage claims. Prepare correspondence to Davis re: response to discovery. ACCOUNT NO STATEMENT NO 04/04/2017 TAD Review criminal and civil claims by Plaintiff. Reveiw available information on plaintiff from internet sources re: deposition of plaintiff. 04/05/2017 TAD Receipt of correspondence from Davis re: response to discovery and prepare response to same. 04/06/2017 TAD Receipt and review of correspondence from plaintiffs counsel re: offer to settle. 04/28/2017 TAD Prepare correspondence to Officer Davis re response to discovery. Telephone conference with plaintiff counsel re offer. FOR CURRENT SERVICES RENDERED TIMEKEEPER TRACEY A. DECARLO TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 4.70 $195.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 05/02/2017 306-9905186 15195 HOURS 2.30 1.60 0.20 0.20 0.40 4.70 916.50 TOTAL $916.50 916.50 $916.50 Page 222 of 585 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 05/02/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905216 Boynton Beach FL 33425 STATEMENT NO: 15196 Attn: Lynn Swanson adv. Ryan, Ronald (whistleblower PD) Billing Category: 18 - RLO Claim #001470 -000410 -EP -01 04/05/2017 IR Reviewed Ronald Ryan file and email to Plaintiff's counsel to receive documents response to our RFP [filed with the court on 3.3.17 and directives from TAD on 3.26.17]; reviewed pleadings and internal memoranda regarding whistle blower case; telephone conference with Plaintiff's office regarding their client's responsive documents need to be sent to us and updated our Team regarding same [to receive Plaintiff's scanned / pdfd documents by Friday, April 7, 2017]; extensive file review regarding Former Officer Ryan's claims, including public social media postings of alleged events [his story of events] from October 2015; review pdf'd documents from the City, to determine if additional discovery is needed; preparation of email to Plaintiff's paralegal, confirming our phone conference today regarding their discovery still due to us; 04/06/2017 IR Continued to review extensive file documents received from the City of Boynton Beach's as its responsive discovery documents [from its filed objections and responses to Plaintiff's Request for Production, filed with the court on January 10, 2017] and listed responses in our possession, received from the City to exchange with opposing counsel's office, per our emails 4.5.17; telephone conference with opposing counsel's paralegal to agree upon discovery exhibits exchange [explained our will be much more extensive, will take another day to review, redact and organize, which time includes reviewing audio and other CDs of information from our client, City of Boynton Beach]; conference with TAD regarding the above -information and receipt of CDs, and client's folders, which are responsive to discovery requests]. 04/07/2017 IR Continued to review an extensive amount of documents, in preparation of the City of Boynton Beaches' [very specific and detailed] Response to Plaintiff's Request to Produce propounded on November 21, 2016 and supplement to the City's January 10, 2017 by including said responsive documents, audio files, etc. Initial draft of "Defendant's ... Detailed List of Production Responsive Documents" to be filed with the court [with specificity, as stated prior] as to each numbered request [extensive documents and approximately 8 CDs / DVDs to review and burn for the HOURS 3.40 4.30 Page 223 of 585 Page: 2 CITY OF BOYNTON BEACH 05/02/2017 ACCOUNT NO: 306-9905216 STATEMENT NO: 15196 adv. Ryan, Ronald (whistleblower PD) HOURS Plaintiff]; conference with GA regarding assistance [equipment needed to] to review DVDs and CDs of police radio and other visual and audio recordings, in an effort to produce to Plaintiff; 5.30 04/10/2017 IR Continued to review and update Defendant, City of Boynton Beaches' detailed list of production responsive documents pursuant to the agreement between counsel of April 5, 2017 to exchange discovery records; 6.20 04/11/2017 TAD Receipt and review of video information from the City re: response to discover. Confer with IVR re: response to discovery. 0.80 IR Continued to review and scan City of Boynton Beaches' original file [extensive documents, which include DVDs and CDs], for use in responding to Plaintiffs request to produce; 3.10 04/12/2017 IR Continuation of reviewing Plaintiff's medical records, personnel file and post -incident [10..21.15] psychological evaluations and organized same, labeling each separate document for discovery. 4.30 04/13/2017 IR Continuation to listed to over 10 CDs / DVDs for use in discovery and to list in the City's Responses to Request to Produce dated November 21, 2016; draft actual responses and listed specific documents and content from CDs that are being produced; 2.30 04/14/2017 IR Reviewed and specifically marked date / time stamp from red light cameras regarding police chase through City of Boynton Beach [to flag specific time, in an effort to speed past all of the other red light camera records listed on two [2] CDs [if same will be utilized at a future date for any mediation presentations or potentially for use at trial]; 2.10 04/17/2017 IR Listened to Boynton Beach Police Department radio on CD of police chase from October 21, 2015 and tracked the date and time stamps [verbal] to each specific entry, for use at depositions, trial and potentially in City of Boynton Beaches' Responses to Plaintiff's Request to Produce; 1.50 04/18/2017 IR Detailed review of Plaintiffs City of Boynton Beach / Boynton Beach Police Department's Internal Affair's [various] investigations, for use at upcoming depositions, possibly trial and as the City's Responses to Requests to Produce; listened to two last CDs in group of 9 [all the way through], to confirm #s 8 and 9 were the same police 'radio traffic' that detailed the car chase and specific communications with [former] Officer Ryan with his colleagues, other officers in pursuit of truck and employee directing [& requesting continuous updates] of vehicle pursuit, as the suspects fled from the police and at least a 30+ or so minute chase ensued, during which time the female victim jumped out of the truck and was found on 1-95 [and Officer Ryan continued requesting information pertaining the suspects, victims and the alleged robbery from 10.21.15 after police were ordered to terminate the chase and to return to the city multiple times [prepared 11 pages of notes tracking the police chase from CD #s 8 & 9]. 2.50 04/19/2017 IR Final draft, prior to review with TAD regarding the City of Boynton Beaches' Responses to Plaintiffs Request for Production, propounded on November 21, 2016 and objections / responses filed January 10, 2017 [these are the Page 224 of 585 Page: 3 CITY OF BOYNTON BEACH 05/02/2017 ACCOUNT NO: 306-9905216 STATEMENT NO: 15196 adv. Ryan, Ronald (whistleblower PD) ms 04/20/2017 IR TAD 04/21/2017 IR TAD actual records stated within the City's 1.10.17 responses / objections to Plaintiff, which include copies of DVDs and CDs [voluminous records, and 11 CDs - 2 of which were kept separate and IVR located and organized / noted the content of the complete set of 11 CDs received from our client at various dates and times]; Reviewed, tagged information [pertaining to audible scans on CDs] and updated our various responses, which included two CDs that were received before the City provided their original CDs and paper files for use in the discovery phasae; Conference with TAD to extensively review and go over our responses to Plaintiff's request to produce, which included discussions that pertain to the content of the 11 CDs, privileged materials, redacted materials, and later discussions regarding obtaining a written waiver from the Plaintiff to provide his personnel vile and his Internal Affairs files to him, as the City's Response to Plaintiffs Request to Produce and pursuant to Government in the Sunshine Manual, 2014 Edition, certain material must be redacted; reviewed file for insurance policies for the years covering 2015 through 2016 and prepared emails to TAD regarding same; Review final proposed discovery responses re: missing or additional information and public records/HIPAA concerns. Confer with IVR re: response to discovery. Telephone call to opposing counsel's paralegal regarding their client's written approval to receive his personnel files and his Internal Affairs files from the City of Boynton Beach Police Department, as the city's responses to requests for production are being finalized, organized and will be sent to opposing counsel's office early next week; prepared tickler to receive response from OC; extensive review and attempts to locate BRIT insurance policy no: PK1017314, covering the period of time from 4.1.15 through 4.1.16 [from other sources and other COBB cases]; prepared email to TAD regarding same, along with an update of Plaintiff waiving redaction policy. Receipt and review correspondence re: insurance issues and prepare correspondence to the City re: same. Review additional records re: claims for discovery responses. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE INGRID RIERA 47.00 $125.00 TRACEY A. DECARLO 4.50 195.00 Photocopies TOTAL EXPENSES THRU 04/30/2017 TOTAL CURRENT WORK �� 3.10 2.10 4.20 2.90 2.60 0.80 51.50 6,752.50 TOTAL $5,875.00 877.50 202.30 202.30 6,954.80 Page 225 of 585 CITY OF BOYNTON BEACH adv. Ryan, Ronald (whistleblower PD) BALANCE DUE Page: 4 05/02/2017 ACCOUNT NO: 306-9905216 STATEMENT NO: 15196 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE $6,954.80 Page 226 of 585 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. Estime, Robens (Police Deadly Force) Billing Category: 18-RLO Claim #001470 -000411 -PP -01 04/12/2017 TAD Review statements from the officers and revise correspondence to the City re: status and claims. FOR CURRENT SERVICES RENDERED TIMEKEEPER TRACEY A. DECARLO TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.90 $195.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 05/02/2017 306-9905218 15197 HOURS 0.90 0.90 175.50 TOTAL $175.50 175.50 $175.50 Page 227 of 585 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. Hill, Ashley (Police -excessive force) Billing Category: 18 - RLO Claim #001470 -000378 -PP -02 04/03/2017 TAD Receipt and review of correspondence from the City re: complaint. Telephone conference with the City re: response to complaint. 04/04/2017 TAD Receipt and review of correspondence re: status and service issues. 04/11/2017 TAD Receipt and review of complaint and receipt of correspondence from the City re: same. 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 05/02/2017 306-9905233 15198 HOURS 0.20 0.20 0.30 0.70 136.50 TOTAL $136.50 136.50 $136.50 Page 228 of 585 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. Freeney, James (bike accident) Billing Category: 15-RLO Claim #001470 -000420 -GB -01 04/28/2017 TAD Receipt of correspondence re settlement authority. Telephone conference with City re same FOR CURRENT SERVICES RENDERED TIMEKEEPER TRACEY A. DECARLO TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.30 $195.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 05/02/2017 306-9905245 15199 HOURS 0.30 0.30 58.50 TOTAL $58.50 58.50 $58.50 Page 229 of 585 Risk -Outside Counsel Robert C Okon, P.A. Harris v City, Martinez 1,216.72 Lewis, Stroud & Deutsch, PL - Apr 2017 Hill v City 520.25 Harris v City 247.50 767.75 Roberts, Reynolds, Bedard & Tuzzio, PLLC-Mar 2017 Yesnick v City 66.00 Braswell v City 1,435.50 Boynton Old School v City 1,353.00 Andrews v Haugh 0.00 Hill v City 412.50 Kimsey v City & Brooks 140.00 Harris v City 0.00 Broberg v City 8,643.84 12, 050.84 TOTAL Feb & Mar 2017 Outside Counsel - Risk 14,035.31 Page 230 of 585 1 REYNOLDS, BEDARD 4 470 Columbia Drive, West Palm Beach, Florida 0! Telephone•R • Tax ID No. 65-0004867 City of Boynton Beach April 17, 2017 Attn: Julie Oldbury Bill No. 9916497 P.O. Box 310 Boynton Beach, FL 33425-0310 FINAL BILL. CLIENT: City of Boynton Beach 032 MATTER: Braswell v. Boynton Beach 16497 Claim #NIA • Date Services Attorney Hours 03/02/17 Receipt and review of e-mail from City Attorney Tracey DeCarlo LHR 0.20 re: status of City providing approval for settlement and/or being placed on Agenda for Commission approval at next meeting. 03/06/17 Telephone conference with City attorney Tracey Decarlo re: AGA 0.30 status of City agenda and commissioners approval of settlement. 03/06/17 Preparation of e-mail to City attorney Tracey Decarlo re: status AGA 0.30 of City agenda and commissioners approval of settlement. 03/06/17 Telephone conference with Linnes Finney, counsel for Plaintiff, AGA 0.30 re status of approval of settlement. 03/06/17 Receipt and review of e-mail from Linnes Finney, counsel for LHR 0.30 Plaintiff, re: city council's agenda. 03/06/17 Preparation of email response to Linnes Finney, counsel for LHR 0.30 Plaintiff, re: city council's agenda. 03/06/17 Preparation of e-mail to Linnes Finney, counsel for Plaintiff, re AGA 0.30 status of approval of settlement. 03/06/17 Receipt and review of e-mail from Linnes Finney, counsel for AGA 0.30 Plaintiff, re status of approval of settlement. 03/06/17 Preparation of second email to Linnes Finney, counsel for AGA 0.30 Plaintiff, re status of approval of settlement. 03/06/17 Second telephone conference with City Attorney Decarlo AGA 0.30 regarding status of City approval of settlement agreement and Plaintiffs questions regarding the same. Page 231 of 585 Client: City of Boynton Beach April 17, 2017 .,.Braswell:- Page 232 of 585 ServicesDate r our 03/06/17 Receipt and review of e-mail from Plaintiffs counsel Linnes LHR 0.20 Finney re: advising settlement approval not on City Commission Agenda and inquiries as to status of approval of settlement. 03/06/17 Receipt and review of e-mail from City Risk Manager Julie LHR 0.20 Oldbury re: requesting W9 for Plaintiffs counsel. 03/07/17 Preparation of e-mail to City Risk Manager Julie Oldbury re: LHR 0.20 providing W9 for Plaintiffs counsel per her request for same. 03/07/17 Receipt and review of e-mail from City Risk Manager Julie LHR 0.20 Oldbury re: requesting information as to how settlement funds should be made payable. 03/07/17 Preparation of second e-mail response to City Risk Manager LHR 0.20 Julie Oldbury re: advising and confirming as to how settlement funds should be made payable. 03/07/17 Telephone conference with Linnes Finney, counsel for Plaintiff, AGA 0.30 re: status of settlement approval. 03/07/17 Receipt and review of e-mail from Linnes Finney, counsel for AGA 0.20 Plaintiff, re: City Council's agenda and settlement approval. 03/07/17 Preparation of e-mail to Tracey DeCarlo, counsel for City, re: AGA 0.20 City Council's agenda and settlement approval. 03/07/17 Preparation of email. response to Linnes Finney, counsel for AGA 0.20 Plaintiff, re: City Council's agenda and settlement approval. 03/07/17 Receipt and review of second e-mail from Linnes Finney, AGA 0.20 counsel for Plaintiff, re: City Council's agenda and settlement approval. 03/07/17 Preparation of second email to Linnes Finney, counsel for AGA 0.20 Plaintiff, re: City Council's agenda and settlement approval. 03/07/17 Receipt and review of e-mail from Tracey DeCarlo, counsel for AGA 0.20 City, re: City Council's agenda and settlement approval. 03/07/17 Preparation of second email to Tracey DeCarlo, counsel for AGA 0.20 City, re: City Council's agenda and settlement approval. 03/08/17 Preparation of e-mail to Tracey DeCarlo, attorney for City, re: AGA 0.30 status of settlement. 03/08/17 Receipt and review of e-mail from Tracey DeCarlo, attorney for AGA 0.30 City, re. advising settlement check was issued. 03/08/17 Preparation of second email to Tracey DeCarlo, attorney for AGA 0.30 City, re: advising settlement check was issued. 03/08/17 Telephone conference with Linnes Finney, counsel for Plaintiff, AGA 0.30 re: City's approval of settlement agreement. 03/08/17 Receipt and review of e-mail from Linnes Finney, counsel for AGA 0.30 Plaintiff, re: confirm status of settlement check. 03/10/17 Telephone conference with Julie Oldbury, City, re: status of AGA 0.20 settlement check. 03/10/17 Preparation of e-mail to Tracey DeCarlo, counsel for City, re: AGA 0.30 status of settlement check. Page 232 of 585 Client: City of • r Beach April 6497 - Braswell v. Boynton B --Page 1=101 a =14A# Date Services r 03/10/17 Receipt and review of e-mail from Tracey DeCarlo, counsel for AGA 0.30 165.00 City, re: status of settlement check. LHR Lyman H. Reynolds, Jr., Partner 03/10/17 Preparation of second email to Tracey DeCarlo, counsel for AGA 0.20 Total Professional Services City, re: status of settlement check. 03/13/17 Correspondence to Plaintiffs counsel Linnes Finney re: LHR 0.20 settlement check. 03/13/17 Correspondence to City Risk Manager Julie Oldbury re: LHR 0.20 Plaintiffs original executed General Release. 03/13/17 Receipt and review of e-mail from Christine O'Brien, excess LHR 0.20 carrier representative, re: acknowledging receipt of Plaintiffs executed General Release and full resolution of pre -suit case. Code Name Hours Rate Amount AGA Andrea G. Amigo, Partner 6.30 165.00 1,039.50 LHR Lyman H. Reynolds, Jr., Partner 2.40 165.00 396.00 Total Professional Services 8.70 $1,435.50 CURRENT ILL TOTAL 1,435-50 Balance Forward: Payments & Adjustments: 2,257.00 -2,257.00 , 436.60 Page 233 of 585 Beach,to 470 Columbia Drive, Suite C-101 West Palm id. 33409 Number: 9916497 Bill Date: April 17, 2017 Colient Code: 032 Client Name: BoyntonBill City of Code:Mafter Matter Name: Braswell v. Boynton Beach Total Professional Services Total Disbursements CURRENT BILL TOTAL AMOUNT DUE Balance Forward: Payments & Adjustments: TotalDue: Past Due Balance TOTAL Page 234 of 585 ROBERTS, REYNOLDS, ! 1 4 Columbia J West Palm Beach,Florida / • Telephone Tax ID No. 65-0004867 City of Boynton Beach - • P.O. SchoolBoynton Beach, FL 33425-0310 CLIENT: City of Boynton Beach MATTER: Boynton Old Boynton Beach Claim #NIA ILL FOR FEES AND COSTS THROUGH 03/31/17 -0 • Date Services 02/07/17 Receipt and review of Index to Record on Appeal. 02/08/17 Correspondence to City Risk Manager Julie Oldbury re: Index to Record on Appeal. 03/14/17 Receipt and review of e-mail from Appellant's counsel David Sales re: requesting 30 day extension for filing of Initial Brief. 03/14/17 Preparation of email response to Appellant's counsel David Sales re: advising of no objection to his requested 30 day extension for filing of Initial Brief. 03/14/17 Receipt and review of second e-mail from Appellant's counsel David Sales re: acknowledging and confirming no objection to his requested 30 day extension for filing of Initial Brief. 03/14/17 Preparation of second e-mail response to Appellant's counsel David Sales re: status of case. 03/14/17 Receipt and review of e-mail from David Sales, counsel for Plaintiff, re: 30 day extension for Plaintiffs brief. 03/14/17 Preparation of email response to David Sales, counsel for Plaintiff, re: agreement with 30 day extension for Plaintiffs brief. 03/14/17 Receipt and review of second e-mail from David Sales, counsel for Plaintiff, re: 30 day extension for Plaintiffs brief. April 17, 2017 Bill No. 36858 032 13214 LHR 0.40 LHR 0.20 LHR 0.20 LHR 0.20 LHR 0.20 LHR 0.20 AGA 0.30 AGA 0.30 AGA 0.30 03/14/17 Preparation of email response to David Sales, counsel for AGA Plaintiff, re: agreement 30 day extension for Plaintiffs brief. 03/14/17 Receipt and review of third email from David Sales, counsel for AGA Plaintiff, re: acknowledging agreement 30 day extension for Plaintiffs brief. 03/15/17 Receipt and review of Appellant's Notice of Agreed Extension of LHR Time to File Initial Brief. 0.30 0.30 0.40 Page 235 of 585 Client: City of Boynton Beach Matter: 13214 - Boynton Old School v. Boynton Beach 1,3/16/17 Correspondence to City Risk Manager Julie Oldbury re: Appellant's Notice of Agreed Extension of © to File Initial Brief. 13/16/17 Receipt and ® of Record on Appeal (673 pgs). 0/30/17 Receipt and review of Notice of Appearance of Co -Counsel for Appellant and Designation of Electronic Email Addresses. Code Name AGA Andrea G. Amigo, Partner LHR Lyman H. Reynolds, Jr., Partner Total Professional Services 221$22»«2 fel fA Payments & Adjustments: Total Due: 00090-M Attorney Hours LHR 0.20 -HR 4.50 -HR 0.20 Hours Rate Amoun'-; 1.50 165.00 . 247.50 6.70 165.00 1,105.50 8.20 $1,353.00 577.50 -577.50 :4 1,353.00 Page 238 0 585 1 0 - to Roberts, Reynolds, Bedard & Tuzzio, PLL 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Bill Number: 36858 Bill Date: April 17, 2017 Client Code: 032 Client Name: City of Boynton Beach Matter Code: 13214 Matter Name: Boynton Old School v. Boynton Beach Total Professional Services 1,353.00 Total Disbursements 0.00 CURRENT BILL TOTAL AMOUNT DUE $1,353.00 Balance Forward: 577.50 Payments & Adjustments: 161 -IT 4 1-, T, qJ4-ffP, I a 9111 0.00 Page 237 of 585 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 April 17, 2017 Attn: Julie Oldbury Bill No. 36859 P.O. Box 310 Boynton Beach, FL 33425-0310 CLIENT: City of Boynton Beach 032 MATTER: Yesnick v. Boynton Beach 13300 Claim #N/A BILL FOR FEES AND COSTS THROUGH 03/31/17 Date Services Attorney Hours 03/13/17 Receipt and review of e-mail from Dr. Michael Zeide re: case LHR 0.20 status. 03/13/17 Preparation of correspondence to Dr. Michael Zeide re: case LHR 0.20 status. -9:1614 Code Name Hours Rate Amount LHR Lyman H. Reynolds, Jr., Partner 0.40 165.00 66.00 Total Professional Services 0.40 $66-00 I[*] r_1 OF -IT, qJI-911infitgo-1 Payments & Adjustments: M. I Page 238 of 585 to - Reynolds, Bedard 470 Columbiae C-101 West Palm Beach,• . 33409 Bill Number: 36859 Bill Date: April 17, 2017 Code:Client 032 Client Name: City of Boynton Matter Code: 13300 Matter Name: Yesnick v. Boynton Total Professional Services Total Disbursements Balance Forward: Total Past Due Balance W0 -49.50 66.00 ii Page 239 of 585 City of Boynton Beach April 17, 2017 Attn: Julie Oldbury Bill No. 36860 P.O. Box 310 CLIENT: City of Boynton Beach 032 MATTER: Broberg v. Boynton Beach et al. 15414 Claim #001470 -000390 -EP -01 BILL FOR FEES AND COSTS THROUGH 03/31/17 a # - Date Services Attorney Hours 03/03/17 Receipt and review of Defendant Crawford's Motion to Strike LHR 0.50 Impertinent and Scandalous Material; Motion to Dismiss with Prejudice; and for Costs together with Notice of Hearing and correspondence to Judge with documents attached thereto. 03/03/17 Receipt and review of correspondence from Crawford's counsel LHR 0.40 Lewis to Judge Gillen with courtesy copies of documents for upcoming hearing on Crawford's Motion to Strike Impertinent & Scandalous Material, Motion to Dismiss with Prejudice, and for Costs, and review of same. 03/04/17 Review records pertaining to Plaintiff, Leif Broberg, received RKD 1.70 from Florida Department of Economic Opportunity, Palm Beach Sheriffs Office, Palm Beach Sheriffs Office FBI Task Force, Social Security Administration, Palm Beach County Commission on Ethics, Chief Inspector General, Florida Commission on Ethics, Executive Office of the Governor, Florida Commission on Human Relations, Department of Administrative Hearings, and Florida Department of Law Enforcement to identify any complaints filed by Plaintiff, potential witnesses, or other defense leads. 03/05/17 Review records pertaining to Plaintiff, Leif Broberg, received RKD 2.80 from Florida Department of Financial Services (373 pgs) to identify any complaints filed by Plaintiff, potential witnesses, or other defense leads. 03/08/17 Receipt and review of e-mail from Judge Gillen to Crawford's LHR 0.20 counsel Lewis re: issues with submission of courtesy copies for upcoming hearing on Crawford's Motion to Strike, Motion to Dismiss, and for Costs and directives concerning same. Page 240 of 585 Client: City of Boynton Beach Apdl 17, 2017 Matter: 15414 - Broberg v. Boynton Beach et al. Page 2 Date Services u 03/10/17 Receipt and review of e-mail from Julie Oldbury re enclosing RKD 0.20 Leif Broberg's workers compensation and administrative leave dates. 03/10/17 Receipt and review of spreadsheet containing Leif Broberg's LHR 0.40 workers compensation and administrative leave dates. 03/11/17 Receipt and review of records pertaining to Wilson Pierre LHR 3.50 received from State Attorney's Office pursuant to public records request (348 pgs) 03/11/17 Review Plaintiffs Complaint, Answers to Interrogatories, RKD 6.20 Responses to City's Request to Produce (151 pgs), Responses to Defendant Crawford's Request to Produce (408pgs), emails and their attachments received from City pursuant to Plaintiffs Request to Produce (1627), Plaintiffs personnel file and Internal Affairs file, and other case materials to prepare timeline of events related to Plaintiffs administrative leave and prepare potential exhibits for use at Plaintiffs deposition. 03/12/17 Continued review of Plaintiffs Complaint, Answers to RKD 4.40 Interrogatories, Responses to City's Request to Produce (151 pgs), Responses to Defendant Crawford's Request to Produce (408pgs), emails and their attachments received from City pursuant to Plaintiff s Request to Produce (1627), Plaintiffs personnel file and Internal Affairs file, and other case materials to prepare timeline of events related to Plaintiffs administrative leave and prepare potential exhibits for use at Plaintiffs deposition. 03/13/17 Preparation of correspondence to Julie Oldbury re: summary of LHR 0.70 records pertaining to Plaintiff, Leif Broberg. 03/13/17 Preparation of correspondence to Colleen Edwards re: LHR 0.30 Gallagher Basset's Defense Attorney's Suit Status Report. 03/13/17 Preparation of Gallagher Basset's Defense Attorney's Suit LHR 5.90 Status Report. 03/13/17 Receipt and review of e-mail from Plaintiffs counsel, Adrian LHR 0.20 Alvarez, re: change of start time of deposition of Amy Broberg. 03/13/17 Draft/Revise prepare Third Re -Notice of Taking Deposition of LHR 0.30 Plaintiff, Amy Broberg. 03/13/17 Receipt and review of Plaintiffs Reply to Defendant City's LHR 0.40 Affirmative Defenses to Second Amended Complaint. 03/14/17 Receipt and review of e-mail from Harriet Lewis re: not LHR 0.20 attending deposition of Amy Broberg. 03/14/17 Correspondence to City Risk Manager Julie Oldbury re: LHR 0.20 Plaintiffs Reply to Defendant City's Affirmative Defenses to Second Amended Complaint. 03/16/17 Review of file materials in preparation of the deposition of Amy AGA 1.60 Broberg. Page 241 of 585 Client: City of Boynton Beach April 17, 2017 Matter: 15414 - Broberg Boynton Page Date ices Attorney Hours 03/17/17 Telephone conference with Julie Oldbury re confirming City RKD 0.20 follows Whistleblower statute in regards to person designated to receive Whistleblower complaints. 03/17/17 Attendance at the deposition of Amy Broberg in Boca Raton, AGA 5.50 . 03/17/17 Correspondence to Julie Oldbury, City, re: outcome of meetings NSM 1.50 with Officer Ray Thomas and City Manager Lori LaVerriere. 03/20/17 Receipt and review of Notice of Cancellation of Hearing on LHR 0.20 Defendant Crawford's Motion to Strike Impertinent & Scandalous Materials, Motion to Dismiss with Prejudice, and for Costs. 03/20/17 Receipt and review of Re -Notice of Hearing on Defendant LHR 0.20 Crawford's Motion to Strike Impertinent & Scandalous Materials, Motion to Dismiss with Prejudice, and for Costs. 03/20/17 Receipt and review of e-mail from Counsel for Defendant LHR 0.20 Crawford, Marvin B. Nodel, re: cancellation of hearing on Defendant Crawford's Motion to Strike. 03/20/17 Research issue of how to properly subpoena FBI agents. JHL 1.20 03/20/17 Receipt and review of correspondence from Co -Defendant's LHR 0.20 counsel Nodel to Judge Gillen re: courtesy copies of documents for upcoming special set hearing on Crawford's Motion to Strike, Motion to Dismiss, and for Costs. 03/20/17 Receipt and review of correspondence from Co -Defendant's LHR 0.20 counsel Nodel re: requesting if City will be willing to join in Motion to Strike. 03/21/17 Telephone conference with FBI Chief Counsel Julio Ball re: JHL 0.30 where and how to serve subpoenas. 03/21/17 Drafting of (Initial)correspondence to FBI Chief Counsel JHL 1.40 enclosing request to serve subpoenas for deposing FBI Agents. 03/22/17 Revisions to Touhy request to FBI regarding City's request to AGA 0.40 take depositions of FBI Agents Robinson and Colagiovanni. 03/22/17 Correspondence to Julie Oldbury, City, re: request for authority AGA 0.30 to Join Chief Crawford's Motion to Strike Impertinent and Scandalous Material from the Second Amended Complaint. 03/22/17 Receipt and review of e-mail from Julie Oldbury, City, AGA 0.30 re:providing authority to Join Chief Crawford's Motion to Strike Impertinent and Scandalous Material from the Second Amended Complaint. 03/22/17 Preparation of Defendant, City of Boynton Beach's Notice of AGA 0.30 Joinder with Defendant, Suzanne Crawford's Motion to Strike Impertinent and Scandalous Material; Motion to Dismiss with Prejudice; and for Costs. 03/22/17 Drafting of proposed subpoenas for FBI agents to gather JHL 1.30 deposition testimony duces tecum. Page 242 of 585 Client: City of Boynton Beach April 17, 2017 Matter: 15414 - Broberg v. Boynton Beach et al. Page 4 Date Services rHours 03/27/17 Receipt and review of e-mail from Florida Court Reporting re: LHR 0.10 Andrea G. Amigo, Partner deposition transcripts on Leif Broberg and Amy Broberg. 165.00 03/28/17 Review of Asst. Chief Crawford's Motion to Strike and to NSM 0.50 5.60 Dismiss and City's Notice of Joinder in preparation for hearing 784.00 LHR on same. 15.30 03/29/17 Attendance at the hearing on Assistant Chief Crawford's Motion NSM 2.50 Nicholas S. Madsen, Associate to Dismiss Scandalous Allegations and Motion to Dismiss 140.00 630.00 before Judge Gillen at the Palm Beach County Courthouse in Rebecca K. Davis, Paralegal 15.50 West Palm Beach, Florida. 1,240.00 03/29/17 Review Reply to City's Affirmative Defenses. JHL 0.30 03/30/17 Receipt and review of Court's executed Order on Defendant LHR 0.20 Crawford's Motion to Strike Impertinent and Scandalous Material, Motion to Dismiss with Prejudice, and for Costs. 03/30/17 Receipt and review of e-mail from Plaintiffs counsel Alvarez to LHR 0.20 Co -Defendant's counsel Gurney re: deposition of Chief Jeffrey Katz. 03/30/17 Preparation of email response to Plaintiffs counsel Alvarez and LHR 0.20 Co -Defendant's counsel Gurney re: deposition of Chief Jeffrey Katz. 03/30/17 Receipt and review of second e-mail from Plaintiffs counsel LHR 0.20 Alvarez to Co -Defendant's counsel Gurney re: deposition of Chief Jeffrey Katz. 03/30/17 Receipt and review of e-mail from attorney Nick Gurney to LHR 0.20 Plaintiffs counsel Alvarez re: advising he is not counsel for Chief Katz and incorrect counsel included on email concerning deposition. 03/30/17 Research for Motion to Strike Reply to City's Affirmative JHL 1.10 Defenses. Code Name Hours Rate Amount AGA Andrea G. Amigo, Partner 8.40 165.00 1,386.00 JHL Jordan H. Lewis, Associate 5.60 140.00 784.00 LHR Lyman H. Reynolds, Jr., Partner 15.30 165.00 2,524.50 NSM Nicholas S. Madsen, Associate 4.50 140.00 630.00 RKD Rebecca K. Davis, Paralegal 15.50 80.00 1,240.00 Total Professional Services 49.30 $6,664.50 Date Description on Page 243 of 585 Client: City of BoyntonBeach '• 01 Matter: 15414 - Broberg v. Page Description Amount 03/16/17 Court Reporter#171634: transcript, depo, Leif Broberg, 1,526.40 307 pp, 4 pp color copies, 17 pp black -and -white copies. -. Florida Court Reporting 03/17/17 Court Reporter #171628: transcript, Amy Broberg, 85 pp. - 452.00 Florida Court Reporting 03/23/17 Travel Boca Raton 3/16/17: attend depo, Plf, Leif Broberg. 50.24 - Andrea Amigo 03/23/17 Travel Boca Raton 3/17/17: attend depo, Plf, Amy 50.70 Broberg. - Andrea Amigo Total Disbursements CURRENT BILL TOTAL AMOUNT DUE Balance Forward: 5,010.55 Payments & Adjustments: -5,010.55 Total Due: $ 8,643.84 Page 244 of 585 to 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Bill Number: 36860 Bill Date: April 17, 2017 Client Code: 032 Client Name: City of Boynton Beach Matter Code: 16414 Matter Name: Broberg v. Boynton Beach et al. Total Disbursements Balance Forward: Total Due: Past Due Balance Page 245 of 585 IV 4 1 Beach,West Palm Florida 33409 MIMI.$ 111 City of Boynton Beach Attn: Julie Oldbury P.O. Box 310 Boynton Beach, FL 33425-0310 CLIENT: City of Boynton Beach MATTER:Hill v. Boynton Beach et al. Claim #1513379 ILL. FOR FEES AND COSTS THROUGH 03/31/17 April 17, 2017 Bill No. 36861 032 16481 03/08/17 Receipt and review of news article from Palm Beach Post LHR concerning Byron Harris accepting plea deal in criminal case. 03/09/17 Receipt and review of e-mail from City Risk Manager Julie LHR Oldbury re: correspondence from State Attorney Alan Johnson concerning advising as to outcome of Mr. Harris' criminal case, and review of same. 03/09/17 Preparation of email response to City Risk Manager Julie LHR Oldbury re: acknowledging receipt of correspondence from State Attorney Alan Johnson concerning outcome of Mr. Harris' criminal case. 0.30 0.30 0.20 03/31/17 Receipt and review of e-mail from Plaintiffs counsel Farkas re: LHR 0.80 providing courtesy copy of Complaint filed in Federal Court, advising of Judge's issuance of Order to Confer, however Defendants not yet served, and requesting counsel's agreement to waiver of service of process, and review of Plaintiffs Complaint with exhibits and proposed Waivers of Service of Process directed to City of Boynton Beach, Alfred Martinez, and Michael Medeiros. 03/31/17 Receipt and review of e-mail from Defendant Medeiros counsel LHR 0.20 Lewis to Plaintiffs counsel Farkas re: acknowledging receipt of courtesy copy of Plaintiff's Complaint filed in Federal Court. 03/31/17 Correspondence to City Risk Manager Julie Oldbury and LHR 0.30 excess carrier representative Christine O'Brien of Brit, re: courtesy copy of Plaintiffs Complaint received from Ms. Farkas and her request for City's agreement to waiver of service of process and requesting authority concerning same. Page 246 of 585 Client: City of Boynton BeachMatter: 16481 - Hill v. :, - - Date Services 03/31/17 Receipt and review of e-mail from City Risk Manager Julie Oldbury re: advising she has received courtesy copy of Complaint from Harriett Lewis and advising City not served to date. 03/31/17 Preparation of email response to City Risk Manager Julie Oldbury re: advising we have also received courtesy copy of Complaint from Plaintiffs counsel and advising of forthcoming correspondence to her and Ms. O'Brien concerning same. WEHUMM .. Attorney ors LHR 0.20 LHR 0.20 Code Name Hours Rate Amount LHR Lyman H. Reynolds, Jr., Partner 2.50 165.00 412.50 Total Professional Services 2.60 $412.60 CURRENT L 412.60 Balance Forward: 924.00 Payments & Adjustments: Total e: -924.00 412-50 Page 247 of 585 M to 470 !' • Drive,1 West Palm Beach, Florida ' 1* Bill Number: 36861 Bill Date: •'2017 Client Code: 032 Client Name: City of • Matter Code: Matter Name: Hill v. Boynton Total Professional Services Total Disbursements CURRENT ILL TOTAL AMOUNT DUE Balance Forward: Payments & Adjustments: Total : Past Due Balance TOTAL AMOUNT DUE Page 248 of 585 Robert C. on, P.A. 1521 Cades Bay Avenue Jupiter, A 33458 (561)203-2181 471299913 F91W on Human Resources and Risk Management - City of Boynton Beach Attn: Julie Oldbury 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 11i'M�# D Invoice # 1673 Invoice Date May 09, 2017 Matter # C00126 Terms Due Upon Receipt Re: Harris v. City of Boynton and Martinez Oct 04, 2016 Attended the deposition of Sargeant LM $150.00 Sedrick Aiken. (L330/A109) $45.00 Oct 04, 2016 Plan and prepare for the deposition of LM $150.00 Sergeant Aiken. (L330/A101) $45.00 Oct 11, 2016 Review and analyze documents LM $150.00 produced with Boynton Beach's notice $60.00 $150.00 of compliance with Co -Defendant $135.00 Harris' request for copies. (L320/A104) Oct 18, 2016 Plan and prepare for the deposition of LM Tiesha Mack. (L330/A101) Oct 18, 2016 Plan and prepare for the deposition of LM Clifford Henfield. (L330/A101) Oct 18, 2016 Plan and prepare for the deposition of LM Cornelius Edwards. (L330/A101) Oct 18, 2016 Plan and prepare for the deposition of LM Henry Michael Edwards. (L330/A101) Oct 18, 2016 Plan and prepare for the deposition of LM Rev. Richard Dames. (L330/A101) Oct 19, 2016 Attended deposition of Tiesha Mack; LM she appeared but refused to sit for the deposition. (L330/A109) Oct 19, 2016 Attended the deposition of Clifford LM Page I of 3 $150.00 1.2 $180.00 $150.00 0.3 $45.00 $150.00 0.4 $60.00 $150.00 0.3 $45.00 $150-00 0.3 $45.00 $150.00 0.3 $45.00 $150.00 0.3 $45.00 $150.00 0.3 $45.00 $150.00 0.4 $60.00 $150.00 0.9 $135.00 Page 249 of 585 Jan 13, 2017 Review and analyze Stipulation for RO $160.00 0.1 Order of Dismissal of Plaintiffs Claims. (L210/A104) Jan 13, 2017 Review and analyze copied RO $160.00 0.1 correspondence from attorney Lyman H. Reynolds to Judge regarding the proposed Order of Dismissal with Prejudice. (L120/A104) Your trust balance prior to this invoice : $0.00. Your current trust balance as of 05/09/2017 is $0.00 Timekeeper u . ry r Total Fees Total Expenses Subtotal Previous Balance Total Timekeeper Hours Fee Billed Total I, h $1,007.00 $16.00 $16.00 $1,007.00 $209.72 $1,216.72 $0.00 $1,216.72 Page 250 of 585 Henfield. (L330/A109) Oct 19, 2016 Attended the deposition of Rev. LM $150.00 0.8 $120.00 Richard Dames. (L330/A109) Oct 21, 2016 Attended the deposition of Officer Ray LM $150.00 0.7 $105.00 Thomas. (L330/A109) Oct 21, 2016 Plan and prepare for the deposition of LM $150.00 0.3 $45.00 Officer Ray Thomas. (L330/A101) Nov 23, 2016 Outside printing charges from Pictera $209.72 Expense $209.72 Solutions for discovery responses related to Plaintiff, Byron Harris. {-- /E 102) Jan 13, 2017 Review and analyze Stipulation for RO $160.00 0.1 Order of Dismissal of Plaintiffs Claims. (L210/A104) Jan 13, 2017 Review and analyze copied RO $160.00 0.1 correspondence from attorney Lyman H. Reynolds to Judge regarding the proposed Order of Dismissal with Prejudice. (L120/A104) Your trust balance prior to this invoice : $0.00. Your current trust balance as of 05/09/2017 is $0.00 Timekeeper u . ry r Total Fees Total Expenses Subtotal Previous Balance Total Timekeeper Hours Fee Billed Total I, h $1,007.00 $16.00 $16.00 $1,007.00 $209.72 $1,216.72 $0.00 $1,216.72 Page 250 of 585 Payments (As of 05109/2017) Date Invoice# Amount Dec 09, 2016 1225 $51,174.73 Total $51,174.73 Total billed including this invoice $52,391.45 (Fees: $0.00, Expenses: $0.00) Page 3 of 3 Robert C. Okon, P.A. Page 251 of 585 Stroud & Deutsch, Pi 1900 Glades Road Suite 251 Boca Raton, FL 33431 May 2, 2017 Invoice City of Boynton Beach Director of HR & Risk Management - Julie Oldbury 100 R. Boynton Beach Blvd. Boynton Beach, FL 33435 In Reference To:Ashley Hill v. City of Boynton Beach, Matthew Medeiros and Alfred Invoice # 6469 Martinez Federal ID Email Invoice to Julie at City of Boynton Beach 20-338-5521 oldburyj@bbfl.us Flours Amount 4/3/2017 HL Receipt and review correspondence from Julia Farkas, Esq. with a copy 0.10 16.50 of the Complaint filed and Waivers of Service of Summons regarding representing the defendants in this matter. 4/412017 HL Receipt and review Complaint with 768.28 letter as Exhibit A attachment. 0.40 66.00 HL Receipt and review Judge Assignment to Judge Kenneth A. Marra. 0.10 16.50 HL Receipt and review Notice and Consent to Proceed Before a United 0.10 16.50 States Magistrate Judge form. HL Receipt and review 3 Summons issued - City of Boynton Beach, Medeiros 0.10 16.50 and Martinez. HL Receipt and review Order Requiring Counsel to Confer, File Joint 0.20 33.00 Scheduling Report and File Joint Discovery Report. HL Receipt and review correspondence from Lyman Reynolds, Esq. 0.10 16.50 confirming he will be representing the City of Boynton Beach in this matter and he has been authorized to accept service on their behalf. HL Receipt and review correspondence from Julie Oldbury asking if I want to 0.10 16.50 reach out to Officer Medieros directly regarding representing him in this matter. HL Preparation of correspondence to Julia Farkas, Esq. confirming that i 0.10 16.50 have been retained to represent Matthew Medeiros and that I have not been authorized to accept service on his behalf. HL Preparation of correspondence to Matthew Medeiros requesting he is in 0.10 16.50 agreement with my retention in this matter on his behalf and if he authorizes me to accept service on his behalf. HL Receipt and review correspondence from Matthew Medeiros advising he 0.10 16.50 was hoping I was retained as his counsel and to contact him with any information. 4/5/2017 HL Receipt and review Notice of Appearance of Co -Counsel and Notice of 0.10 16.50 Compliance with Rule 2.516(b)(1) and Designation of E -Mail Addresses. HL Receipt and review Waiver of the Service of Summons by Lyman H. 0.10 16.50 Reynolds, Jr., Esq. on behalf of the City of Boynton Beach. 4/6/2017 GO Receipt and review Order requiring counsel to confer file joint scheduling 0.20 33.00 report and joint discovery report. GO Receipt and review Notice of Appearance of Co -Counsel and Notice of 0.20 33.00 Compliance with Rule 2.516(b)(1) and designation of Email Addresses - Linnes Finney, Jr. on behalf of Plaintiff, Ashley Hill. 561-826-2800 Page 252 of 585 City of Boynton Beach Disbursements Incurred: 4/28/2017 HL Copying cost Total Disbursements Incurred: Total amount of this bill % 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 # 6468 Crawford Federal ID Email Invoice to Julie at City of Boynton Beach 20-338-5521 oldburyj@bbfl.us For Professional Services Rendered: Hours Amount 4/6/2017 HL Receipt and review Re -Notice of Taking Deposition of Chief Jeffrey Katz on 0.10 16.50 May 23, 2017. 4/28/2017 HL Receipt and review (78 pages) Defendant, City of Boynton ac's Motion 1.10 181.50 to Request Privacy Act Order. Total professional services rendered 1.20 $198.00 Disbursements Incurred: 4/28/2017 HL Copying cost Total Disbursements Incurred: Total amount of this bill Previous balance Accounts receivable transactions 4/14/2017 Payment -Thank You No. 0136096807 Total payments and adjustments Name Harriet Lewis Invoice Summary 49.50 $49.50 $247.50 $611.06 ($611.06) ($611.06) Hours Rate AmouQ r 165.00 $198.00 Page 254 of 585 PLLC ROBERTS, BEDARD ti. 1 Columbia1 West Palm Beach, i d. 33409 Telephone (561)688-6560 Tax M No. 65-0004867 City of Boynton Beach April 20, 2017 Attn: Julie Oldbury Bill No. 37010 P.O. Box 310 Boynton Beach, FL 33425-0310 CLIENT: City of Boynton Beach 032 MATTER: Kimsey v. Boynton Beach & Brooks 12364 Claim #NIA BILL FOR FEES AND COSTS THROUGH 03/31/17 i Date Services Attorney Hours 03/22/17 Research the procedure to properly dismiss a civil matter for SAK 0.40 lack of prosecution. 03/22/17 Research the docket to determine the last docket activity in the SAK 0.20 case in preparation for drafting a Notice of Lack of Prosecution. 03/22/17 Draft/Revise the Defendants` Notice of Lack of Prosecution. SAK 0.20 03/28/17 CommunicateNVith Client correspondence with Julie Oldbury re SAK 0.20 Defendants' Notice of Lack of Prosecution. Code Name SAK Scott A. Kantor, Associate Total Professional Services Payments & Adjustments: Hours Rate Amount 1.00 140.00 140.00 1.00 $140.00 -66.00 140-00 Page 255 of 585 to Roberts, Reynolds, Bedard & Tuzzio, PLLC 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Bill Number: 37010 Bill Date: April 20, 2017 Client Code: 032 Client Name: City of Boynton Beach Matter Code: 12364 Matter Name: Kimsey v. Boynton Beach & Brooks Total Professional Services Total Disbursements CURRENT BILL TOTAL AMOUNT DUE Balance Forward: Payments & Adjustments: Total Due: Past Due Balance TOTAL AMOUNT DUE 140.00 WE $ 140-00 66.00 -66-00 140-00 0.00 Page 256 of 585 6. F. CONSENTAGENDA 5/16/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 5/16/2017 REQUESTED ACTION BY COMMISSION: Approve the minutes from the Regular City Commission meeting held on May 2, 2017. EXPLANATION OF REQUEST: The City Commission met on May 2, 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 05-02-17 Action Approved D ate 3/16/2017 - 3:48 PM Page 257 of 585 Finance Howard, Tim Approved 3/16/2017 ® 3:48 PM City Manager LaVerriere, Lori Approved 3/17/2017 ® 9:59 AM Page 258 of 585 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD ON TUESDAY MAY 2, 2017, AT 6:30 P.M. IN COMMISSION CHAMBERS, CITY HALL 100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA PRESENT: Steven B. Grant, Mayor Justin Katz. Vice Mayor Mack McCray, Commissioner Christina Romelus, Commissioner ABSENT: 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 Lori LaVerriere, City Manager James Cherof, City Attorney Judith A. Pyle, City Clerk Bharat Patel, Public Relation Coordinator with the youth of Bochasanwasi Shri Akshar Purushottam Swaminarayan Sanstha (BAPS) Temple and several youth members gave the invocation. Pledge of Allegiance to the Flag Mayor Grant led the Pledge of Allegiance to the Flag. ROLL CALL Judith A, Pyle, City Clerk, called the roll. A quorum was present. Mayor Grant stated that Commissioner Casello was in Tallahassee on our behalf working with the Sober Homes Task Force and letting the legislation know assistance is needed with the opioids crisis that is going on in Palm Beach County and Boynton Beach. Agenda Approval: 1. Additions, Deletions, Corrections There were no additions, deletions or corrections. Page 259 of 585 Meeting Minutes City Commission Boynton Beach, Florida May 2, 2017 2. Adoption Motion Commissioner McCray moved to approve the agenda as presented. The motion was duly seconded by Commissioner Romelus. Vote The motion unanimously passed. 2. OTHER A. Informational items by Members of the City Commission Vice Mayor Katz attended the six-month update for Strategic Planning/Affordable HousingNl/orkforce Housing Workshop, went to South Central Wastewater Treatment and Disposal Board meeting, met with representatives of Hunters Run and Leisureville; two communities in District 1, fillet with Jeff Sluggett, a medical marijuana approved cultivator in the State, and attended the opening of Macy's Back Stage. Commissioner McCray wanted to thank Vice Mayor Katz for attending the meeting in Leisureville. Commissioner McCray attended the six-month Strategic Planning/Affordable Housing workshop, attended the Delta Sigma Beta ceremony that recognized the scholastic students on the south end chapter, and he thanked Chief Katz and Lt. Deale for traffic control, and for getting the police car washed. He also went to the Concert on the Greens Mayor Grant advised on April 19th he met with the Fitzgerald group, also attended the Strategic Planning/Affordable Housing Workshop. On April 20th he attended the Metropolitan Planning Organization meeting and got an update on Brightline.. They are going to be doing multiple community outreach meetings regarding safety. We are in quiet zones and there will not be a train horn. On Saturday between 9-1 pm, at 72 North Federal Highway, Boca Raton is the kickoff event for the US 1 Multimodal Corridor study that goes through Boynton Beach. Mayor Grant also attended the Boynton Beach Short Film Festival; this was an amazing event. April 21St he attended the Sister Cities showcase giving scholarships to students for artwork, poems and essays. April 22nd he became Thor for the Superheroes and Princesses event at the Schoolhouse Children Museum and later in the day attended the Concert on the Green. It was a wonderful event and he is looked forward to having more events on the golf course. April 24th he attended CrossPoint Volunteer and Business Partner luncheon and hosted an ambassador from Rauma, Finland. April 25th was St. Joseph business day. April 26th he went to the Palm Beach County Legal Aide Sober Home Workshop and Florida League of City event. Boynton Beach Raw had a meet and greet at Boardwalk Ice Creamery and spoke at the Women's Circle support group. April 27th he attend the Junior Honor Society at Franklin Academy, April 29th attended Macy's Backstage opening along with Vice Mayor Katz and conducted Stars and Stripes Forever for the Gold Coast Band. On 2 Page 260 of 585 Meeting Minutes City Commission Boynton Beach, Florida May 2, 2017 Friday, May 5t", they will receive a National award. May 1st Mayor Grant joined the Florida League of City conference call and went to the Hispanic Bar Association luncheon and South Tech accreditation with advance education. He attended the Attorney General opioid workshop; town hall meeting at South Tech and presented a proclamation for Bethesda Nurses' Day. Commissioner Romelus sent condolences to the family of employee Tim Sweeny, attended the six-month update for Strategic Planning/ Affordable Housing. She also attended the Business Development Board Economic Forum, the first annual Boynton Beach Short Film Festival, which was a great event. It was a great testimony of what South Tech is doing in terms of bringing many minds in the community together, giving Boynton Beach the opportunity to be a showcase. Commissioner Romelus congratulated Commissioner Casello on his reappointment to the Palm Beach County League of Cities Board of Directors. This week is National Travel and Tourism week. She wanted to thank the Development team that picked up litter around the Model Block that is the area near Sara Sims; making the park look better. She thanked Wally Majors and Amy Blackman for a riding tour of all City parks. Lastly she went to the Concert on the Greens 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Proclaim May 7-13, 2017 as Municipal Clerks Week. Judith A. Pyle, City Clerk of Boynton Beach will be present to accept the proclamation. Mayor Grant read the Proclamation declaring May 7-13, 2017 as Municipal Clerk's Week. Commissioner McCray recognized the new Deputy City Clerk, Queenester Nieves, B. Proclaim May 2017 as National Mental Health Month; Boynton Beach Mental Health Committee. Mayor Grant read the Proclamation declaring May 2017 as National Mental Health Month Woodrow Hay, Chair of the Mental Health Committee thanked the Mayor and Commission stating that they are working to promote mental health in the Boynton Beach community and collaborating with the county and NAMI and the Mental Health Association. He emphasized now is the time to begin talking about mental health. If not now, when? C. Proclaim the month of May as National Mental Health Awareness Month. Katherine Murphy, Director of Programs NAMI/PBC will be present to accept the proclamation. Mayor Grant read the Proclamation declaring May as National Mental Health Awareness Month 3 Page 261 of 585 Meeting Minutes City Commission Boynton Beach, Florida May 2, 2017 Katherine Murphy stated that 1 in 4 adults and 1 in 5 young people are living with a mental health situation. NAMI is here to help build support. On May 25th it is "get your green on" day of support. Please visit us at Getyourgreenon.org for activities and events. D. Proclaim the week of May 14, 2017 Regional. Representative with South present to accept the proclamation. as Water Reuse Week. Laura R. Corry, Florida Water Management District will be Mayor Grant read the Proclamation declaring the week of May 14, 2017 as Water Reuse Week. Laura Corry, on behalf of the South Florida Water Management District Board of Directors, and Executive Director, thanked the Mayor and Commission for the proclamation, Water reuse extends our fresh water supply, which is a finite resource. She hopes to continue the wonderful partnership and thanked everyone for conserving our water resources. E. Proclaim May as National Drowning Prevention Month. Amy Blackman Recreation Superintendent of Boynton Beach will be present to accept the proclamation. Mayor Grant read the Proclamation declaring May as National Drowning Prevention Month. Amy Blackman, Superintendent of Parks, spoke about drowning safety. According to the World Health Organization 60% of youth drowning are under the age of 5 and usually within 6 feet of safety and of those 80% were being supervised. South Florida leads the nation in drownings for children 4 and under. South Florida loses enough children every year to fill 3 VPK classrooms. There is a very strong partnership with the YMCA and Drowning Prevention Coalition, as well as the City's own safety efforts and training. Door alarms will be available during the month of May, if anyone has a child at risk of drowning or has Autism. Please contact Crystal Quesada, Pool Manager, at 561-742-6646 F. Presentation by Eleanor Krusell, Public Information Manager, highlighting Communications/Marketing operations for the City. Eleanor Krusell, Public Information Manager, explained the Communication and Marketing operations for the City. She presented Alan Karjalainen as our webmaster and John Durgen, Special Projects Coordinator. In February 2014 a strategic planning session was held with a communication team of 10. This consisted of representatives from our departments, the Chamber of Commerce and the CRA and a vision was created. The communication office of the City of Boynton Beach is a recognized leader in engaging the community by consistently providing information through innovative practices. 4 Page 262 of 585 Meeting Minutes City Commission Boynton Beach, Florida May 2, 2017 Ms. Krusell recognized Stephanie Slater of the Police Department, stated her Facebook page is the most robust that the City has, It was the first Facebook page utilized in Florida in 2010. The City of Boynton Beach has eight Facebook pages, with 52,408 followers. There are seven Twitter Accounts as of 04/30/2017, there were more than 20,000 tweets posted, and has a following of more than 28,000. The City has two Instagram accounts which had 126 posts and 738 Followers. There are two YouTube channels which advertise the Commission meeting as well as other City and Board meetings within the City of Boynton Beach. We have two billboards and in the last 4 years; we have posted 77 messages, because we do not pay to advertise on these billboards. By doing this we have saved the City $72,000 in advertisement costs. With the utility bill inserts, we reach 370,000 people. Outdoor signage, there are 20 external signs throughout the community, 10 are within the CRA District and 10 are outside of the CRA District. The signs are located at major intersections; there are 14 messages per year on the signage. Ads are purchased as well, to increase the economic development presence, For $6 the advertisement reached 1782 people. Placing more emphasis on content writing, articles have been placed in different venues; there were four examples that was presented. Crisis communication plan was updated with a public speaking plan for our Public Speaking Training. Next year the City would be rebranded. We are one voice, we understand that the City has changed and are doing community input. This will be city-wide, will reestablished the education committee, increase our connections and partnership with key resources, development and distribution of a survey. The new Website is customer driven, has responsive design which is adaptable to mobile devices and able to search by categories, interests, and keywords. The new website will be ADA compliant, with a Drupal open source platform. Mr. Karjalainen gave a simulation of what the website will look like in the future. The webpage images will be changing automatically, and customers are able to make payments or request customer service. News on upcoming events will be available to visitors. Mayor Grant asked if we would be placing this on YouTube, with some type of tutorial. Mr. Karjalainen stated the webpage will have a connect and engage portion which will allow customers to select the various tabs which will take the customer directly to what is needed. Such as: Call us, Email us, and Contact your Commissioner, to name a few. Commissioner Romelus asked about whether the new page had links to other webpages. She wanted to see a better partnership with working with different agencies. 9 Page 263 of 585 Meeting Minutes City Commission Boynton Beach, Florida May 2, 2017 Mayor Grant asked how long we have had the current website and Ms. Krusell responded it had been about ten years. Commissioner Romelus thanked Ms. Krusell for the presentation and thanked her for the quick response in getting the link to make payments available on the website. She wants to see a better partnership with the Tourist Development Council, also with Discover the Palm Beaches; they are very open to working with local municipalities. Cl1:0141low_0]QI=1►[y:4 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) Alexandria Wilson, 1202 NW 5 Street, was excited about the City rebranding and reaching out to the community. It is an awesome way to move the City on a great path. She requested the City implement a continuous sidewalk on NW 5th Street between NW 8th Avenue, and NW 4th Avenue, for the safety of children walking and pedestrians. There are no sidewalks. There are four roundabouts, which I gave lights that have been out for a few years too. Commissioner McCray stated that he wanted to address the issue, and that there was a plan in place, but because of the trees, it was thought that the lights were historical, that was not the case. Mr. Livergood has been contacted and will be taking care of the light situation as soon as possible. Cindy Falco-DiCorrado, of 316 NW 1 Avenue, came with a very heavy heart and had not slept in two weeks, after finding out there is already a drug problem and the Commission wants to open up a medicinal cannibals marijuana drug store. She just heard that a Commissioner is at a Sober Homes meeting and heard this group with NAMI for Mental Health. THC in marijuana is a mind altering drug, it is a known fact. She heard Vice Mayor Katz advise he has family members with a need and she empathized with people in pain, but putting these stores would be detrimental for the community. She works with the Heart of Boynton Beach; we are trying to help people get off drugs, not get on drugs. This is a segway to opening it up to recreational use. The Mayor wants to put signs on the beach stating "No Smoking". Do you know that marijuana carries more in smoking than a cigarette? Do you know that causes more cancer than cigarettes? Do you know 12 years old and up will start smoking. She had proof from several states that in one year there were 59 deaths. Money should never be your motive; it is the love of money that is the root of evil. Money itself is not a cure. It is going on the backs of people allowing the families to be disturbed and hurt and family members dying. She had lost a son because of marijuana. She was very saddened by everyone on the dais who voted for this, that said yes this would be a good idea for our community. I beseech you to find businesses, make it easier for business to open up a business in Boynton, give tax breaks and incentives and work with the businesses instead of tying them up for years before they can open up their business. The Boynton Beach 0 Page 264 of 585 Meeting Minutes City Commission Boynton Beach, Florida May 2, 2017 motto is to create a sustainable community by providing exceptional municipal services in a financially responsible manner. She reminded everyone at the dais that you are public servants, you are to take care of the majority, not the minority of the public that lives in this community. What you are signing on to will cause more deaths, more accidents, more police patrol, more bad situations. Commissioner Romelus wanted to comment her personal beliefs and personal testaments in terms of what was done last week, was accepting the ability for us to create an ordinance to create guidelines for medicinal marijuana to be distributed in this community. I have my own personal intents, what I believe in drugs and what I have seen what drugs do to people. When the term medicinal marijuana is used, I believe that it is intended for that purpose. I believe that the Police Department will make sure that this is used for this purpose. I had a mother who passed away from cancer. I watched my mother die, saw her take her last breath; if there was any other options that she had, I would have been more than willing to allow her that opportunity to end the suffering and have a better end of life. I am not opening a door to use marijuana as a gateway drug. Please do not call my belief in God into question because of how I vote. Woodrow flay, 427 NW 5 Avenue stated normally 1 would put on my hat us a preacher and say let's pray. I have an announcement. On Sunday afternoon at 2 pm on May 21, 2017 for the Fire, Police and the 911 callers, there is a non -denominational service, we have come together to let the police department and 911 operators know that we appreciate them. Too often it goes without saying, they do not get the necessary appreciation. He had the opportunity to ride with the officers, saw the disrespect that they must endure and it is admirable the work that they do. The service is at St. Mark Catholic Church, Father Dan is the Father/Pastor there, May 21, 2017 @ 2pm Sloan Weigold, 7141 High Ridge Road, regarding the Boynton Beach Boat ramps, which have been in deplorable condition for years. The Boynton Beach Police Marine Department is aware of it. The US Coast Guards are aware of it. They are collecting registration fees of $50 per boat and nothing has been done to those ramps in 30 years, the pier has been taped off for 3 or 4 years, and should be torn down. People are still going out there.. They are in a condition now they cannot be repaired. If you go there on a Saturday or Sunday mid to low tide, you can watch the fights, because boats go to the side and the trailers are going to get stuck. The boat ramps are completely washed out. Vice Mayor Katz thanked Mr. Weigold for letting the Commission know about this. It would be considered for next years' budget. Mayor Grant stated that he could not give a time table on it. It is part of the sales tax initiative that has started to be implemented. It would be improved once the money is allocated. Rae Whitely, 223 NE 12 Avenue, congratulated the Boynton Beach Police Department on an awesome job on the body worn camera initiative when they introduce the rollout, on behalf of the Boynton Beach Coalition of Clergy. He thanked the City Manager, David Scott and Police Page 265 of 585 Meeting Minutes City Commission Boynton Beach, Florida May 2, 2017 Chief Katz for engaging the religious community in quarterly meetings. The last meeting left them all pumped and recharged. This is a good time for Boynton and a great opportunity on behalf of Boynton Beach engaging the religious community, talking about what is envisioned for the area. A quote by Matthew Desmon "It is hard to argue housing is not a fundamental human need. Decent, affordable housing should be a basic right for everyone in this country. The reason is simple, without stable shelter everything else falls apart". He asked the dais to continue to have conversation around this very important initiative, which affects us all. It is really a travesty for my children to go away to college and come back and cannot afford to rent; the cheapest places for them to rent is $1,700 to $1,800 dollars which affects us all. It is difficult, and he encouraged continued conversations around the affordable housing initiative. A prayer was offered. Commissioner McCray stated that he received a copy of all who were there. No one else coming forward, Public Audience 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: Recreation & Parks Bd: 2 Alts Motion Vice Mayor Katz moved to nominate Eric Ammon as a regular member. Commissioner McCray seconded the motion. Vote The motion unanimously passed. 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. R17-045 - Authorize the City Manager to sign the proposal, dated April 25, 2017 with Stantec Consulting Services for Advisory Consultant Services for the Town Square Redevelopment project during Phase I planning for an amount not to exceed $90,000, in accordance with RFQ No. 017- 0 Page 266 of 585 Meeting Minutes City Commission Boynton Beach, Florida 2, 2017 2821-14/DJL, General Consulting Services Contract, Scope Category D awarded by Commission on July 1, 2014. Commissioner Romelus pulled item 6.A and asked if the City Manager could explain what item 6.A means, and how it helps to move forward in the Town Square development project. Colin Groff, Assistant City Manager, explained this is a contract with Stantec which is one of the Consulting Engineers to assist staff throughout the process of phase one, developing the master site plans, developing 30 percent of building plans and working on all the other facets, developing contracts to move forward with Town Square. It is to assist staff. This is on an hourly basis. They will be the lead in developing the document controls. Ms. LaVerriere, City Manager, added they will serve as an owner's rep. They will represent us through these processes and help get through some of the technical aspects; namely they will set up the ebuilder. Mr. Groff stated that mostly they are going to set up a process for document control in the contract. It will be thousands of documents running through. We need to make sure that it is tracked. The City has a product called ebuilder and those processes need to be set up; they have the technical expertise. Utilities staff has the expertise, but cannot work on this project right now. Commissioner Romelus inquired how long would they be on board? Mr. Groff replied this is for phase 1, it should be about 6 months, and it is an hourly rate as needed, not to exceed $90,000. Commissioner Romelus emphasized that it is up to $90,000, but it could be less. Commissioner McCray asked if the cone of silence had lapsed and the City Manager indicated it had expired. Peter Guillauem, 305 SW Boynton Beach Boulevard, asked if this item is related to the Old High School, stating the school is going to be a part of the new Town Square development Mayor Grant explained basically it is for hiring a consultant, to help city staff to negotiate, with our development team that was chosen, after we sign a contract with the development team, is the community involvement before anything gets done. Mr. Guillaum asked if the community would be more involved in marketing and advertisement, for the general idea. Mayor Grant said for the general idea, not consulting for the contract. Mayor Grant stated that it is the general idea of what gets built. The consultant's contract would be brought back before the Commission. All community involvement would be after the contract is signed. Motion Commissioner McCray moved to approve. Vice Mayor Katz seconded the motion E Page 267 of 585 Meeting Minutes City Commission Boynton Beach, Florida May 2, 2017 Vote The motion unanimously passed. B. Approve funding in the amount not to exceed $12,000 for a Commercial Rent Reimbursement Grant and an amount not to exceed $15,000 for a Commercial Interior Build -Out Grant to Non- Prophet Brewing Company, 2910 NW Commerce Park Drive, Boynton Beach, FL 33426. C. Approve a $3,000 donation to the 211 Helpline from the Law Enforcement Trust Fund to support their crisis hotline and community helpline. D. Approve utilizing the St. Johns County School District vendor agreement with U.S. Water Services Corporation (RFP 2014-20) in the amount of $89,200 for water and wastewater operation and management services thru September 30, 2017. St. Johns County School District procurement process satisfies the City's competitive bid requirements. E. Approve an increase to Purchase Order No. 170835 with Pantropic Power for the rental of a 1,000 kilowatt (KW) backup emergency generator and cables at the East Water Treatment Plant for a monthly cost of $9,066.00 for an additional six (6) months, increasing the purchase order from $16,901.00 to $71,297.00. F. Accept the Fiscal Year 2016-2017 Budget Status Report of the General Fund and the Utilities Fund for the six (6) month period ended March 31, 2017. G. Approve the minutes from the Regular City Commission meeting held on April 18, 2017. Motion Commissioner Romelus moved to approve the consent agenda items. Commissioner McCray seconded the motion Vote The motion unanimously passed. 7. BIDS AND PURCHASES OVER $100,000 — None 8. CODE COMPLIANCE and LEGAL SETTLEMENTS — None io Page 268 of 585 Meeting Minutes City Commission Boynton Beach, Florida 9. PUBLIC HEARING 2, 2017 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. 17-010 - SECOND READING - PUBLIC HEARING - Approve Nurse 1 Future Land Use Map Amendment from High Density Residential (HDR) to Local Retail Commercial (LRC). Agent: Bradley D. Miller of Miller Land Planning, Inc. for CM&J Boynton Properties, LLC, property owner. Motion Commissioner McCray moved to remove item 7.8 from the table. Commissioner Romelus seconded the motion `,dote The motion unanimously passed. Attorney Bridgeman read Proposed Ordinance No. 17-010 by title only, on second reading. An oath was administered to those intending to testify Bradley D. Miller of Miller Land Planning, representing the applicant, explained the request briefly and asked if the Commission wanted to see the presentation again or had any questions. Mayor Grant asked if there were any variance or design appeals and there were none. Mr. Gillian asked what the Ordinance was about? Mayor Grant responded it was to change land regulations. Mr. Gilllian wanted to know where the site was located. Mr. Miller replied that the property is just north of 23rd Avenue on SE 3rd Street on the east side. There is a land use designation on the property An unidentified person asked what was the point of the Ordinance, what was the designation previously. Mr. Miller explained that there is a land use designation that is inconsistent with the zoning. It is going from retail commercial to allow a 2,300 square foot retail office building.. Mayor Grant stated this will change the land development regulations 11 Page 269 of 585 Meeting Minutes City Commission Boynton Beach, Florida Motion May 2, 2017 Motion to approve Ordinance 17-010 by Commissioner McCray and seconded by Commissioner Romelus Vote City Clerk Pyle called the roll. The vote was 4-0 B. Approve New Site Plan request for a one-story, 2,338 square foot office building and related site improvements on property located on the east side of SE 3rd Street, one lot north of SE 23rd Avenue. Applicant: Bradley Miller, Miller Land Planning, Inc. (Tabled to May 2, 2017 to correspond with the 2nd Reading of the Land Use Amendment application.) Motion Commissioner McCray moved to approve the New Site Plan, Commissioner Romelus seconded the motion Vote Motion unanimously passed. 10. CITY MANAGER'S REPORT - None 11. UNFINISHED BUSINESS - None 12. NEW BUSINESS - None 13. LEGAL - None 14. FUTURE AGENDA ITEMS A. Monthly Departmental Presentations: ITS/GIS - June, 2017 Public Works - July, 2017 B. The Commission has scheduled a Public Input - Budget Workshop on: Tuesday, May 30, 2017 @ 6:30 P.M. in the City Commission Chambers 12 Page 270 of 585 Meeting Minutes City Commission Boynton Beach, Florida May 2, 2017 C. July 5, 2017 Commission Meeting has been cancelled. D. Budget workshops for the FY 17/18 budget are scheduled in the Library Program Room on the following dates and times: Monday, July 17, 2017 @ 5:00 P.M. Tuesday, July 18, 2017 @ 10:00 A.M. Wednesday, July 19, 2017 @ 2:00 P.M. E. Proposed Medical Cannabis Dispensary Ordinance - 6/20/17 F. Draft workforce housing ordinance for discussion - 6/20/17 15. ADJOURNMENT Motion Commissioner Romelus moved to adjourn. Commissioner McCray seconded motion. Vote The motion unanimously passed. The meeting was adjourned at 7:44 p.m. (Continued on next page) 13 Page 271 of 585 Meeting Minutes City Commission Boynton Beach, Florida ATTEST Judith A. Pyle, CMC City Clerk "'Queenester Nieves _W Deputy City Clerk 14 May 2, 2017 CITY OF BOYNTON BEACH Mayor - Steven B. Grant Vice Mayor - Justin Katz Commissioner - Mack McCray Commissioner - Christina Romelus Commissioner - Joe Casello Page 272 of 585 7.A. REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R17-046 - Award Bid No. 018-2710-17J MA for Replacement of Packaged Rooftop HVAC Units at the Ezell Hester Community Center, and authorize the City Manager to sign a contract with Summa Mechanical Contractors LLC d/b/a SMC Air Conditioning (SMC) of Davie, FL as the lowest responsive, responsible bidder, in the total lump sum amount of $91,337 plus a 10% contingency of $9,133.70, for a total potential expense amount of $100,470.70. EXPLANATION OF REQUEST: On February 16, 2017, Procurement Services publicly advertised an Invitation to Bid for "Replacement of Packaged Rooftop HVAC Units at the Ezell Hester Community Center." On March 8, 2017, a Mandatory Pre - Bid Meeting and Site Inspection was held to review the project with interested contractors. On March 28, 2017, Procurement Services opened bids from seven (7) contractors. The bid specifications required that bidders submit bids on Trane or approved equivalent HVAC equipment. The apparent low bidder, SMC, submitted a bid on an proposed equal manufacturer, Johnson Controls. Staff has conducted sufficient due diligence to verify the equivalency of the proposed alternate equipment, and recommends that the project be awarded to SMC as the lowest responsive and responsible bidder. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The existing roof top units have been leaking for several months and causing water intrusion into the gymnasium creating the puddling of water. There are two existing units and one is currently not working, resulting in extreme temperatures in the gym at various times, we are entering into our summer programs and will need the additional unit to cool the space. The remaining existing unit is running continuously. The change - out of these units will allow for proper cooling of the gymnasium and allow the units to cycle on and off more efficiently. FISCAL IMPACT: Budgeted The source funds for this project were adopted in the FY 16/17 capital budget on September 20, 2016 via Resolution No. R16-116. Project Source accounts: 302-4209-572-62-01 (Project No. RP1703) (-$30,000) 302-4131-522-64-18 (Project No. FA1701) (-$70,000) Project Appropriation account: 302-4209-572-64-18 (Project No. RP1711) $100,000 ALTERNATIVES: Delay in repair of the roof top units will result in extreme temperatures in the gymnasium over the summer months and continued water intrusion through the existing A/C units causing floor damage. STRATEGIC PLAN: Page 273 of 585 STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: CONTRACTS VENDOR NAME: Summa Mechanical Contractors LLC d/b/a SMC Air Conditioning START DATE: END DATE: CONTRACT VALUE: $91,337.00 MINORITYOWNED CONTRACTOR?: Yes EXTENSION AVAILABLE?: EXTENSION EXPLANATION: ATTACHMENTS: REVIEWERS: Department Type Description D Resolution Resolution approving Bid Award and Contract Approved 5/9/2017 ® 10:14 AM with Summa Mechanical D Contract Contract Summa Mechanical D Staff Report Staff Recommendation to Award D Tab Sheets Bid Tabulation D Attachment Bid Submittal ® SMC Air Conditioning REVIEWERS: Department Reviewer Action Date Finance Howard, Tim Approved 5/9/2017 ® 10:14 AM Finance Howard, Tim Approved 5/9/2017 ® 10:14 AM Legal Swanson, Lynn Approved 5/10/2017 ® 5:01 PM City Manager LaVerriere, Lori Approved 5/10/2017 ® 8:31 PM Page 274 of 585 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 RESOLUTION NO. R17 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AN AWARD OF BID AND AUTHORIZING THE CITY MANAGER TO SIGN A CONTRACT WITH SUMMA MECHANICAL CONTRACTORS, LLC D/B/A SMC AIR CONDITIONING (SMC) OF DAVIE, FL, IN RESPONSE TO BID NO. 018- 2710-17/JMA FOR "REPLACEMENT OF PACKAGED ROOFTOP HVAC UNITS AT THE EZELL HESTER COMMUNITY CENTER" IN THE AMOUNT OF $91,337.00 PLUS A 10% CONTINGENCY OF $9,133.70 FOR A TOTAL POTENTIAL EXPENSE AMOUNT OF $100,470.70; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on March 28, 2017, Procurement Services received and opened seven (7) bids in response to Invitation to Bid #018-2710-17/JMA "Replacement of Packaged Rooftop HVAC Units at the Ezell Hester Community Center"; and WHEREAS, staff reviewed the bid proposals and it was determined that Summa Mechanical Contractors, LLC d/b/a SMC Air Conditioning (SMC) of Davie, FL, was the lowest, 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. 018-2710-17/JMA for "Replacement of Packaged Rooftop HVAC Units at the Ezell Hester Community Center'' to Summa Mechanical Contractors, LLC d/b/a SMC Air Conditioning (SMC) of Davie, FL, in the amount of $91,337.00 plus a 10% contingency of $9,133.70 for a total potential expense amount of $100,470.70 and authorize the City Manager to sign a Contract with Summa Mechanical Contractors, LLC., d/b/a SMC Air Conditioning of Davie, FL. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\1C259BDF-B5B0-4AE0-8B46-1B95536DFEC2\Boynton Beach. 5548.1. Award Bid and Contract with Summa Mechanical - Reso.doc -1- Page 275 of 585 31 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 32 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 33 as being true and correct and are hereby made a specific part of this Resolution upon 34 adoption. 35 Section 2. The City Commission of the City of Boynton Beach, Florida, 36 hereby approves the award of bid to Summa Mechanical Contractors, LLC d/b/a SMC Air 37 Conditioning (SMC) of Davie, FL, in the amount of $91,337.00 plus a 10% contingency 38 of $9,133.70, for a total potential expense amount of $100,470.70 and authorizes the City 39 Manager to sign a Contract with Summa Mechanical Contractors LLC., d/b/a SMC Air 40 Conditioning (SMC) of Davie, FL, a copy of which is attached hereto as Exhibit "A". 41 Section 3. That this Resolution shall become effective immediately. 42 PASSED AND ADOPTED this day of , 2017 43 CITY OF BOYNTON BEACH, FLORIDA 44 45 YES NO 46 47 Mayor — Steven B. Grant 48 49 Vice Mayor — Justin Katz 50 51 Commissioner — Mack McCray 52 53 Commissioner — Christina L. Romelus 54 55 Commissioner — Joe Casello 56 57 VOTE 58 ATTEST: 59 60 61 62 Judith A. Pyle, CMC 63 City Clerk C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\1C259BDF-B5B0-4AE0-8B46-1B95536DFEC2\Boynton Beach. 5548.1. Award Bid and Contract with Summa Mechanical - Reso.doc -2- Page 276 of 585 64 65 66 (Corporate Seal) C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\1C259BDF-B5B0-4AE0-8B46-1B95536DFEC2\Boynton Beach. 5548.1. Award Bid and Contract with Summa Mechanical - Reso.doc -3- Page 277 of 585 CONTRACT FOR CONSTRUCTION SERVICES THIS CONTRACT, made and entered into this day of , 2017, by and between the CITY OF BOYNTON BEACH, a municipal corporation of Florida, hereinafter called the "City" and _Summa Mechanical Contractors, LLC d/b/a SMC Air Conditioning of Davie, FL a Florida Corporation () Check One a Florida General Partnership(_) a Florida Limited Partnership LXX_) a Sole Proprietor () hereinafter called "CONTRACTOR". WITNESSETH that under the due procedure of law, bids were heretofore received by the City Commission of said City for the performance of work and supplying materials, hereinafter described, and said Commission having canvassed said bids, had determined that the bid in the total amount of —Ninety -One Thousand, Three Hundred Thirty Seven and no/100 ($91,337.00) submitted by the aforementioned CONTRACTOR was the best and most desirable bid submitted, and has authorized the execution of this contract. NOW, THEREFORE, in consideration of these premises and the mutual conditions and covenants contained herein, the parties agree as follows: 1.0 AGREEMENT 1.1 The CITY does award the contract to and does hire and employ the CONTRACTOR and the CONTRACTOR does accept the award, predicated upon the bid of the CONTRACTOR, dated _March 17, 2017 , which is hereby incorporated by reference into this agreement, and the CONTRACTOR does agree to furnish the necessary labor, tools, equipment, materials and supplies, etc., and to perform all the work provided in the bid, contract documents, bond documents, plans and specifications for: Bid Title: REPLACEMENT OF THE PACKAGED ROOF -TOP HVAC UNITS AT THE EZELL HESTER COMMUNITY CENTER, 1901 NORTH SEACREST BLVD., BOYNTON BEACH, FL 33435 Bid Number: 018-2710-17/JMA the City of Boynton Beach, Florida, all of which are incorporated herein by reference lump sum price as specified in CONTRACTOR'S bid in the amount of: $91,337.00 Page 278 of 585 2.0 SCOPE OF SERVICES 2.1 CONTRACTOR further agrees to furnish all materials, supplies, machines, equipment, tools, superintendents, labor, insurance, and other accessories and services necessary to complete said project in accordance with the conditions and prices as stated in the contract, General Conditions for Construction, and Supplementary Conditions for Construction, plans which include all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof as contained in the bid, contract documents and specifications for the project. 2.2 All the work and labor performed under this contract shall be performed, and all of the material furnished shall be, in strict conformity with said plans and specifications, and CONTRACTOR accepts and consents to the conditions contained in said plans and specifications and expressly agrees to comply with every requirement and stipulation therein contained to be performed by the party contracting to do said work. 2.3 The CONTRACTOR further agrees to furnish all tools, equipment, materials and supplies and to do all the work above mentioned in a first-class, substantial and workmanlike manner, and in conformity with the detail for said work on file in the office of the City Architect of the City and strictly in accordance with the specifications, general stipulations and plans which are hereby referred to and made a part of this contract, as well as to the satisfaction of the City Commission and City Architect of the said City, and in strict obedience with the directions which may be given by the City Manager or his authorized representative, at and for the prices herein plainly set forth. 2.4 Upon receipt of written notification from the CITY, to correct any defective or faulty work or materials which may appear within one (1) year after completion of the contract and receipt of final payment. CONTRACTOR shall make the necessary corrections within ten (10) days of receipt of the written notice. 2.5 To comply with the provisions of Section 255.05, Florida Statutes, if applicable. 2.6 To pay promptly, before final settlement, any and all claims or liens incurred in and about this work. Furnish release of liens forms from all subcontractors and suppliers of materials. Forms to be supplied by CITY. 2.7 The CONTRACTOR shall remove and clean up all rubbish, debris, excess material, temporary structures, tools and equipment from streets, alleys, parkways and adjacent property that may have been used or worked on by the CONTRACTOR in connection with the project promptly as such section or portion is completed and ready for use, leaving the same in a neat and presentable condition. Payment of monthly or partial estimates may be withheld until this has been done to the satisfaction of the City Architect. Final acceptance and payment for the entire project will not be made until the site is satisfactory to the CITY. Page 279 of 585 2.8 The CONTRACTOR shall at all times observe and comply with the provisions of the charter, ordinances, codes and regulations of the City of Boynton Beach, Florida. 2.9 Upon completion of the work, the City Architect shall satisfy himself, by examination and test, that the work has been fully completed in accordance with the plans, specifications and contract documents. When the City Architect is so satisfied, he shall recommend acceptance thereof to the City Manager, who shall, if he agrees with such recommendation, present the final payment application to City Commission for review and vote to formally accept the project. The right of general supervision of the CITY as hereinafter provided under "authority of the Architect" shall not make the CONTRACTOR an agent or employee of the CITY, but the CONTRACTOR, shall at all times, and in all respects have the rights and liabilities of an independent contractor. 2.10 After the cleaning up of the work, premises, streets, alleys, or other areas of structure in anyway connected with the performance of the contract, the work as a whole shall be inspected by the City Architect, and any workmanship or material found not meeting the requirements of the specifications shall be removed by or at the expense of the CONTRACTOR and good and satisfactory workmanship or material substituted therefore. All settlement, defects or damage upon any part of the work shall be remedied and made good by the CONTRACTOR. 2.11 The CONTRACTOR will be held responsible for the care, protection and condition of all work until final completion and acceptance thereof, and will be required to make good at his own cost any damage or injury occurring from any cause. 3.0 COMMENCEMENT OF WORK 3.1 CONTRACTOR hereby agrees to commence work under this contract on or before a date to be specified in the written "Notice to Proceed" of the CITY and to fully complete the project within 120 calendar days following the commencement date as specified in same. 3.2 Time is the essence of the contract. In the event the CONTRACTOR shall fail in the performance of the work specified and required to be performed within the time limit set forth in the contract, after due allowance for any extension or extensions of time made in accordance with herein before set forth, the CONTRACTOR shall be liable to the CITY, as liquidated damages and not as penalty, in the amount stipulated therefore in the General Conditions for Construction or in other documents for each and every calendar day that the CONTRACTOR shall be in default of completion. The CITY shall have the right to deduct said liquidated damages from any amount due, or that may become due the CONTRACTOR, or to collect such liquidated damages from the CONTRACTOR or his Surety. 3 Page 280 of 585 3.3 CONTRACTOR shall, as soon as practicable after signature of contract, confirm with City Architect in writing, the names of subcontractors as originally proposed for principal parts of work, and for such others as City Architect may direct. Contractor shall not employ an that City Architect may, within a reasonable time, object to as incompetent or as unfit. 4.0 LIQUIDATED DAMAGES 4.1 The CONTRACTOR further agrees to pay $1,000.00 per day as liquidated damages, for failure to begin within ten (10) days of "Notice to Proceed" or failure to complete the work within 120 calendar days from the commencement date to be indicated in the written "Notice to Proceed". 5.0 PROTECTION OF EXISTING FACILITIES 5.1 The CONTRACTOR warrants that prices include the protection and continuous use of all existing sewers, conduits, drains, pipes, buildings, walks, bridges, guard rails and other construction encountered, and the prompt repairing of any damage done to them during the progress of the work, or from insufficient support thereafter; also all the filling, backfilling, tamping, ramming, puddling and consolidating; the removal and disposal of all rubbish and surplus material; also all pumping bailing draining or unwatering of all excavations, incidental to the execution of the work; also the furnishing of all necessary labor, tools, equipment, materials and supplies, etc. and the performance of the whole work mentioned in the detailed plans and specifications necessary to give a finished result, and including all expense incurred in or in consequence of the suspension or discontinuance of the said work specified and a faithful compliance with each and every one of the requirements of the contract and for the maintenance of the entire work and construction in good condition and repair until final acceptance. 5.2 The CONTRACTOR shall assume full responsibility and expense for the protection of all public and private property, structures, water mains, sewers, utilities, etc., both above and below ground, at or near the site or sites of the work being performed under the contract, or which are in any manner affected by the prosecution of the work or the transportation of men and materials in connection therewith. The CONTRACTOR shall give reasonable written notice in advance to the department of the CITY having charge of any property or utilities owned by the CITY and to other owner or owners of public or private property or utilities when they shall be affected by the work to be performed under the contract, and shall make all necessary arrangements with such department, departments, owner or owners for the removal and replacement or protection of such property or utilities. 6.0 INDEMNIFICATION 6.1 The CONTRACTOR shall indemnify and save harmless and defend the CITY, its agents, servants, and employees from and against any claim, demand, or cause of action of whatsoever kind or nature arising out of error, omission or negligent act of CONTRACTOR, its agents, servants, or employees in the performance of 4 Page 281 of 585 services under this Agreement. 6.2 CONTRACTOR shall indemnify and save harmless and defend CITY, its agents, servants and employees from against any kind and all causes, claims, demands, actions, losses, liabilities, settlements, judgments, damages, costs, expenses, and fees (including without limitation reasonable attorney's and appellate attorney's fees) of whatsoever kind or nature for damages to persons or property caused in whole or in part by any act, omission, or default of the CITY, its agents, servants or employees arising from this contract or its performance. The CONTRACTOR and the CITY hereby agree and covenant that the CONTRACTOR has incorporated in this original bid, which constitutes the contract sum payable by the CITY to the CONTRACTOR, specific additional consideration sufficient to support this obligation of indemnification provided for in this paragraph. It is the CITY'S and CONTRACTOR'S full intention that this provision shall be enforceable and said provision shall be in compliance with Florida Statute 725.06. 6.3 The execution of this Agreement by the CONTRACTOR shall obligate CONTRACTOR to comply with the foregoing indemnification provision, as well as the insurance provisions which are set forth herein. However, the indemnification provision, and the insurance provision contained in this Contract are not interdependent of each other, each one is separate and distinct from the other. 6.4 The obligation of the CONTRACTOR to indemnify the CITY is not subject to any offset, limitation or defense as a result of any insurance proceeds available to either the CITY or the CONTRACTOR. 7.0 PAYMENT BY CITY 7.1 The CITY agrees to pay the CONTRACTOR in current funds for the performance of the contract, subject to additions and deductions as provided in the specifications. 8.0 CHANGES IN THE WORK 8.1 The CITY, without invalidating the Contract, may order extra work or make changes by altering, adding to or deducting from the work, the Contract sum being adjusted accordingly. All such work shall be executed under the conditions of the original Contract. Any claim for extension of time caused thereby shall be made in writing at the time such change is ordered. 8.2 All change orders and adjustments shall be in writing and approved by the City Manager or City Commission if required, otherwise, no claim for extras will be allowed. 8.3 The General Contractor and all of his subcontractors shall be apprised of, and familiar with, the following conditions and procedures governing extra work under the Contract: 5 Page 282 of 585 8.3.1 Any change order has to be recommended by the City Manager and officially approved by the City Commission before any steps are taken to implement the change order. 8.3.2 Should the CONTRACTOR or any of his subcontractors commence with the work without making a claim in writing for unforeseen extra work he encounters, it will be construed as an acceptance and agreement by him that any such work is required under the contract and no future claim for extras will be considered or allowed by the CITY. 8.3.3 No claim for extra work will be allowed unless and until authority for same by written Change Order has been obtained from the City Manager or the City Commission of Boynton Beach, if necessary, which authorization will be signed by the Mayor. 8.3.4 Changes in the work directed in writing by the CITY'S Representative under the following procedures shall become a part of the Contract by a written Change Order. 8.3.5 Information regarding changes in the work involving claims to the CITY for additional work, credits, and/or adjustments under the contract shall be promptly transmitted in writing by the General CONTRACTOR to the CITY'S Representative with full explanations and justifications for his consideration in preparing a Change Order to the Contract. 8.4 The value of any change ordered under the Contract for extra work and/or any reductions in work required, shall be determined under one or more of the following procedures before a written Change Order is issued: 8.4.1 By such applicable unit prices, if any, as are set forth in the Contract except in those cases where increases in quantities exceed fifteen (15) percent of the original bid quantity and the total dollar change of that bid item is significant in the opinion of the Architect, the unit price shall be subject to review to determine if a new unit price should be negotiated; or 8.4.2 If no such unit prices are set forth, then by a lump sum or other unit prices mutually agreed upon by the CITY and the CONTRACTOR; or 8.4.3 By cost reimbursement, which is the actual cost for labor, direct overhead, materials, supplies, equipment and other services necessary to complete the work plus fifteen (15) percent to cover the cost of general overhead and profit. For all labor and foreman in direct charge of the authorized operations, the CONTRACTOR shall receive the current local rate of wages to be agreed upon in writing before starting such work, for each hour said labor and foreman are actually engaged thereon. An upper limit of total cost and of profit shall be agreed upon and shall not be exceeded unless approved by the CITY. 8.4.3.1 The CONTRACTOR shall submit sufficient cost and pricing data to enable the Architect to determine the necessity and Page 283 of 585 reasonableness of costs and amounts proposed and the allowability and eligibility of costs proposed. 8.4.3.2 The CONTRACTOR shall have an accounting system which accounts for such costs in accordance with generally accepted accounting principles. This system shall provide for the identification, accumulation and segregation of allowable and unallowable Change Order costs. 8.4.3.3 Where it is indicated that the Contract is federally or State assisted, the CONTRACTOR'S attention is directed to the applicable rules and regulations relative to cost principles which must be used for the determination and allowability of costs under grant. 8.4.3.4 In no case shall fringe benefit costs on direct labor costs exceed forty (40) percent of direct labor costs. 8.4.3.5 In no case shall the CONTRACTOR and Subcontractors' general overhead and profit in the aggregate exceed fifteen (15) percent of the total cost of direct labor, fringe benefits, direct overhead, materials, supplies, equipment and directly related services supplied by him. Among the items considered as general overhead are bonds, insurance, incidental job burdens, supervision and general office expenses. 8.4.3.6 In no case shall the CONTRACTOR'S cost for administering subcontracts exceed five (5) percent of the subcontractors' cost not including subcontractors' profit. 8.4.3.7 For special equipment and machinery such as power driven pumps, concrete mixers, trucks, and tractors, or other equipment, required for the economical performance of the authorized work, the CONTRACTOR shall receive payment based on the agreed rental price for each item of equipment and the actual time of its use on the work provided that the rental price shall not exceed the current rates published by the Equipment Guide Book Company in the Blue Book, "Rental Rates for Construction Equipment". Rate shall be daily, weekly or monthly as appropriate. 8.4.3.8 Records of extra work done shall be reviewed at the end of each day by the CONTRACTOR and the Architect. Such daily records shall clearly distinguish between the work done under the contract and that done under the Change Order. Duplicate copies of the accepted daily records shall be made, signed by the CONTRACTOR and the Architect and one copy retained by each. 8.5 Claim of payment for extra work shall be submitted by the CONTRACTOR upon certified statement supported by receipted bills. Such statements shall be submitted for the current contract payment for the month in which the work was VA Page 284 of 585 done. No claim for extra work shall be allowed unless that same was ordered, in writing, as aforesaid and the claim presented at the time of the first estimate after the work is completed. 8.6 No Field Change Directive or Change Order shall be authorized by the Project Manager if the Contractor has added language to the Field Change Directive or Change Order or to any cover letter, e-mail, facsimile, or other written document which accompanies the Field Change Directive or Change Order in which the contractor attempts to reserve any future right or claim arising out of the work which is the subject of the Field change Directive or Change Order. 9.0 INSURANCE 9.1 The CONTRACTOR shall maintain during the term of this contract commercial liability, motor vehicle, and property damage insurance, acceptable to the CITY, covering the work contracted and all operations connected herewith, and whenever any of the work in the contract is to be sublet, CONTRACTOR'S contingent or protective liability and property damage insurance. Such insurance shall provide limits not less than those set forth on the insurance requirement schedule included in the bid documents and naming the City of Boynton Beach as an "Additional Insured" with respect to General Liability. 9.2 Required insurance shall be documented in a certificate of insurance which provides that the CITY of Boynton Beach shall be notified at least fifteen (15) days in advance of cancellation, nonrenewal or adverse change. Contractor agrees to furnish policies if Certificate of Insurance is not acceptable. 9.3 The CONTRACTOR shall take all necessary precautions to prevent the generation of loud, unnecessary noise in conjunction with his operations at the work site. Internal combustion engines used with construction equipment shall be equipped with mufflers, as required by the Code of the City of Boynton Beach, and the CONTRACTOR shall comply with all requirements of this Code as they pertain to prevention of noise. No pile driver, excavating or other construction equipment, pneumatic hammer, derrick, the use of which is attend by loud or unusual noise, shall be operated between the hours of 6:00 P.M. and 7:00 A.M., except by written permission of the City Manager, and then only in case of emergency. 10.0 GUARANTEE AND WARRANTIES 10.1 All the work shall be guaranteed to remain in good condition for one year from date of acceptance. 11.0 TERMINATION OF CONTRACT 11.1 If the work to be performed under the contract is assigned by the CONTRACTOR other than provided for herein; if the CONTRACTOR should be adjudged as bankrupt; if a general assignment of his assets be made for the benefit of his creditors; if a receiver should be appointed for the CONTRACTOR E1 Page 285 of 585 or any of his property; if at any time the Architect shall certify in writing to the City Manager that the performance of the work under the contract is being unnecessarily delayed or that the CONTRACTOR is willfully violating any of the conditions, provisions, or covenants of the contract, plans or specifications, or that he is executing the same in bad faith or otherwise not in accordance with the terms of the contract; if the work be not fully completed within the time named for its completion or within the time to which such completion date may be extended; or if other just causes exist, the City Manager may serve ten (10) days' written notice upon the CONTRACTOR of the intent to terminate the contract for the CITY and if the CONTRACTOR shall not, prior to the effective date of termination set forth in such notice, take such measures as will, in the judgment of the City Manager, ensure the satisfactory performance of the work, the City Commission and the City Manager may declare the contract terminated on the effective date specified in such notice, or any date subsequent thereto. In the event of such termination, the City Manager shall notify the CONTRACTOR and Surety and the CONTRACTOR shall immediately respect such notice and stop work and cease to have any right to the possession of the ground and shall forfeit his contract. Upon such termination, the City Manager shall provide the Surety with written notice of the CITY'S action and the Surety shall within ten (10) days of receipt of said notice remedy the default or the Surety shall as expeditiously as possible: 11.1.1 Complete the contract in accordance with its terms and conditions, or 11.1.2 Obtain a bid or bids for completing the contract in accordance with its terms and conditions, and upon determination by Surety and the CITY of the lowest responsible bidder, make available as work progresses (even though there should be a default or a succession of defaults under the contract or contracts or completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price", as used in this paragraph, shall mean the total amount payable by CITY to CONTRACTOR under the contract and any amendments thereto, less the amount properly paid by CITY to CONTRACTOR. 12.0 CONTRACT CONTROLS 12.1 The subject contract between the CITY and the CONTRACTOR shall supersede any and all documents executed between the parties relative to the project. In the event of any inconsistencies, the terms, provisions and conditions set forth in the subject contract shall supersede all other documents and shall be controlling. 13.0 TIME OF ESSENCE 13.1 Inasmuch as the provisions hereof, and of the plans and specifications herein, and of all the other contract documents relating to the times of performance and completion of the work are for the purpose of enabling the CITY to complete the construction of a public improvement in accordance with a predetermined Page 286 of 585 program, all such time limits are of the essence of the contract. 14.0 REMEDY FOR DELAY 14.1 In the event of any delay in the project caused by any act or omission of the CITY, its agents or employees, by the act or omission of any other party, or delay caused by weather conditions or unavailability of materials, the sole remedy available to CONTRACTOR shall be by extension of the time allocated to complete the project. No monetary damages shall be claimed or awarded to CONTRACTOR in association with any delay in the project caused by an act or omission of the CITY, its agents or employees. 14.2 Failure on the part of CONTRACTOR to timely process a request for an extension of time to complete the work shall constitute a waiver by CONTRACTOR and CONTRACTOR shall be held responsible for completing the work within the time allocated by this contract. 14.3 All requests for extension of time to complete the work shall be made in accordance with the General Conditions for Construction. 14.4 For the purpose of this section the phrase "the CITY, its agents and employees" shall include but shall not be limited to the Architect, project manager and consulting Architects. IN WITNESS WHEREOF, the CITY has caused these presents to be signed by its City Manager, attested by the City Clerk with the Corporate Seal of the said CITY and the CONTRACTOR has executed these presence the day and year herein before written. DATED this day of CITY OF BOYNTON BEACH Lori LaVerriere, City Manager Approved as to Form: James A. Cherof, City Attorney Attest/Authenticated: Judy Pyle, City Clerk 10 .2017. Page 287 of 585 CONTRACTOR: M (Print Name and Title) STATE OF FLORIDA COUNTY OF BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements personally appeared , and acknowledged He/She executed the foregoing Addendum to Agreement for the use and purposes mentioned in it, and that the instrument is His/Her act and deed. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this day of 2017. My Commission Expires: NOTARY PUBLIC 11 Page 288 of 585 WARRANTY The undersigned, , hereby agrees for a period of one (1) year from the date hereof, to repair any defect or damages resulting from the work conveyed to the City of Boynton Beach (the "City"), pursuant to that certain Bill of Sale or Plans dated which is result of a defect in the materials or workmanship. The undersigned, upon notice of such defect, shall make the foregoing repairs as soon as reasonably possible or, if such repairs have already been made by the City, the undersigned, upon receipt of evidence of the costs reasonably incurred by the City in the making of such repairs, shall forthwith refund same to the City. Anything herein to the contrary notwithstanding, the City shall have the sole obligation to perform all maintenance required. Accordingly, the undersigned shall have no liability hereunder in the event that the repairs result from the failure of the City to properly maintain same or misuse or abuse (except, however, nothing contained herein shall be construed to release the undersigned from liability for damage or defect caused by acts of the undersigned or its employees or agents in connection with the completion by the undersigned of the project). Date: wAxx-i President Name of Company (CORPORATE SEAL) Page 289 of 585 STATE OF FLORIDA ) SS: COUNTY OF ) I, HEREBY CERTIFY that on this day, before me, an officer duly authorized to take acknowledgements, personally appeared Florida Corporation and general partner of . A Florida limited partnership, to me known to be person described in and who executed the foregoing instrument and he acknowledged before me that he executed the same for the uses and purposes therein expressed. My Commission Expires: wAxx-2 Notary Public, State of Florida Page 290 of 585 WARRANTY OF TITLE To be executed with each and every payment or draw request STATE OF FLORIDA COUNTY OF being first duly sworn, deposes and says as follows: He is of (Title) (Name of Corporation or Firm) a corporation which is named in Construction Contract dated the day of , 20_, between said corporation as the CONTRACTOR and the City of Boynton Beach, Florida as the OWNER, for the construction of and Affiant is authorized to make this Affidavit as, or on behalf of, the Contractor as named above. Title to all work, materials and equipment covered by the attached Periodical Estimate for Payment dated , passes to the Owner at the time of payment free and clear of all liens, and all laborers, material men and subcontractors have been paid for performing or furnishing the work, labor or materials upon said Contract work covered by the aforesaid Periodical Estimate for Payment. This statement under oath is given in compliance with Section 713.06 Florida Statutes. Sworn to and subscribed before me this day of '20 Notary Public, State of Florida at Large My Commission expires: (SEAL) WT -1 Affiant Page 291 of 585 FINAL ESTIMATE RECONCILIATION AGREEMENT This Final Estimate Reconciliation Agreement covering the period from to , supersedes any and all previous correspondence or verbal agreement regarding deletions or additions to the scope of work in the performance of the contract dated for construction of and all appurtenant work thereto in the City of Boynton Beach, Palm Beach County, Florida. It is hereby agreed and understood that all quantities and prices shown on the attached Final Estimate No. are correct and the amount of $ constitutes final payment, including retainage, and Change Order No. for all materials furnished and work performed by , Contractor, and all other contractors, in the construction and completion of the above project, all which were to be performed in strict accordance with the terms of the original contract. It is further agreed and understood that the one-year warranty period of workmanship and materials furnished shall commence on final completion and acceptance by the Owner, City of Boynton Beach, as outlined in Paragraph 11.1 of the original agreement. RECOMMENDED FOR APPROVAL: AM By: ACCEPTED: in Date: MIMI Page 292 of 585 State of Florida ) ss: County of Palm Beach ) On this day of to administer oaths 120 personally appeared before me duly authorized to me known to be the persons described herein and who executed the foregoing instrument and have acknowledged before me and they have executed same. Notary Public My Commission Expires: 121KIN Page 293 of 585 Triestman, Ilyse From: Mootz, Gail Sent: Wednesday, April 26, 2017 11:12 AM To: Triestman, Ilyse Cc: Ramsey, Kevin Subject: Replacement of Roof -top units at Ezell Hester Community Center (Bid No. 018-2710-17/J MA) Good Morning Ilyse; After review of the bids received for the City of Boynton Beach Bid No. 018-2710-17/JMA and per the requirements outlined in the bid specifications Summa Mechanical Contractors LLC dba SMC Air Conditioning submitted a complete bid package. At this time Public Works, Facilities Division recommends the project be awarded to Summa Mechanical Contractors LLC dba SMC Air Conditioning as being the most responsive/responsible lowest bidder. Summa Mechanical Contractors LLC dba SMC Air Conditioning will be responsible for the Replacement of Roof -top units at Ezell Hester Community Center. If you need any further information, please do not hesitate to contact me. Respectfully submitted Gail Gail Mootz Crew Supervisor Public Works, Facilities Maintenance City of Baynton Beach 222 Nkrl, 9th Ave, I Boynton Beach, Florida 33435 561-742-6223 MootZG@bbfl,us " E"It'tp://iltliltlw,b ynton-beach,or t America's Gateway to the Gulfstream Please be advised that Florida has abroad public records law and all corresponclence to me via email may be subject to clisclosure,Lincier Florida records law, email addresses are public records, Therefore, your e-mail communication and your e-mail address may be subject to public disclosure, 1 Page 294 of 585 LW r z LU U z CM C O U W F— U) U) W 2 J J LU N W W 2 F— F— a L�L r Z a 2 a O LL O O w 13 W a a CL LL O z W W a J CL LU w LO co LO 4- 0 LO N♦ W c� 100- E R L � lo i x 'p s 0 W W W W >, W W W oy oLc- �, r r r r M >, w y c',U v r N N W ;zY J � i T R R a) � U m o w. � U [6 N N L N w cli � w M E U c 6 m O oo U L Q E o m 0 O U >m O J ami U LL U KE p 6L L Nu (Du R R t a) Il m V C/) w C/) w C/) w C w ,r, r �, O Z C/) w C/)(D w aa) d LL aa)i _a o M i i i i nj T r o Eu ,- Lo m a) U RcD R= M M N T T y t0 M> (R fA N N E t O N T LL y m = d _ oLo L (D i Q r U J V J � d ia1 O 0 ar O E R v Lu O r• 11Y U rn U r O O m c+M R K U p O V L L= U V d m m 'a N cn W r W r W r W r M > c r W W r W r r N O a0+ cLi M R cZ „ co C,5 e co -. 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Z N/ LL -5m m m z m m0 m \ §0 \ \ \ \ \ LU � z \ / $2fci » z _/%4\ / �2 » a E _ ; u; 9 M = E 'm z Q) ¥ j Ekk)a4® / e > Co e 2 > E E J/] I b/ m m m z m m / m C-4 ] k \ \ \ \ \ \ \ § ) j / 22229; o z §}2jƒk. a f / z u. $ Lj{\ ± » �2 LO m LO 0 m m N ¢ 2 n � BID CHECK LIST 3/17/17 NO. Olt OF REPLACEMENT OF O. HVAC UNITS AT EZELL HESTER NAME OF DDSumma Mechanical Contractors LLC c1ba SMC A r Conditioning _ D D , j Andres Garcia / CEI a in ►. . . ;� BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCE"ABLE • Page 299 of 585 Submit Bids To: FINANCE/PROCUREMENT SERVICES 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6322 Bid Title: REPLACEMENT OF ROOF -TOP HVAC UNITS AT THE EZELL HESTER COMMUNITY CENTER 0: t : I I j F0 1 ; l a 11 -9r.1 Ih INS! -71101� time is scheduled for: March 28, 2017, no later than Y. P.M., and may not be vAthdrawn within ninety (9 0) days after such date and time. AJI awards made as a result of this bid shall conform to applicable sections of the charter and codes of the City. A Corporatlon of the State of "0 Area Code: 9-54 Telephone Numb Area Code: 954 FAX Number: Mailing Address: 5071 S. State rd. 7 #704 City/StaiisiZip: Da'vle, FL' 1' Vendor Mailing Date: -3/28/171,... E-MAIL: 'blds@s mcac.corn - -- - ------ - - Authorized Signature Andres Garcia Name Typed FAC;;1,AGE TO BE COASIDERED COMPLETE AND ACCEPTABLE BA- 1 Page 300 of 585 BID TITLE: REPLACEMENT OF ROOF -TOP HVAC UNITS AT THE EZELL HESTER COMMUNITY CENTER BIDDER: Su«s:« v y »«; Contractors LLC dba SMC Air Conditioninj DATE SUBMITTED: 3/28117 111z a 0 - 0 - a 1 0 1 1 =I: I* M-1 At: 101 0 UWWM Ll - I s nee7slaq Co CoMplelelprow V, 8 8 work specified by the Contract documents. Aflt:l 4XI ] M: Niii and having examined the project site :when Indicated in these specifications to do so), we propose to perform the work of this Project according to the Contract documents and the a<+ ng addenda which we have received: E DATE ADDENDUM DATE 3/23/17 3/23/17 «w«xr© =lei 4 VA:4 Iff ":r7 Page 301 0 585 "REPLACEMENT OF PACKAGED ROOF -TOP HVAC UNITS AT EZELL HESTER COMMUNITY • r •sTri • PRINT NAME • •11'x\ SIGIATIRE la - Page 302 of 585 FA4ml O Ll 142T90 --15m 01N 0 R17100WA gigm*3mff:l;l0 RESPONDENT r INCLUDE THIS "ACKNOWLEDGEMENT OF ADDENDUM • 2 WITH BID PACKAGE FOR SUBMITTAL TO BE CONSIDERED - s. Pr , — E P — COMPANY Page 303 of 585 q s •r tr -- s ar The Scope of Work is more clearly defined in the Contract Documents, Special Conditions ani Technical Specifications. materials,The Bidder agrees to furnish all labor, equipment, RI • other quantities,and incidentals for proper execution and completion of the Lump Sum portion of the Work a? - shown on the Drawings and described In the Specifications and Drawings In accordance with the Contract Documents and other requirements, based on the Bldder's own estimated • _ts, site conditions, and local conditionsand all other considerationsfor • Lump Sum Price • 14 T • it 1111 ZERO Cents BP -1 Page 304 of 585 10000003-T—.7 5 yr warranty on protective coatin' EQUIPMENT: for all coils, cabinet and OA 365 kw Attached is a Computer Generated Horizontal Bar Chart: YES No, T . STU =&* FTbofid-5,011- a Ras caretully examined the drawings and th: Contract including W1 Contract documents and will execute the Contract and perform all its items, covenants and conditions, all in exact compliance with the requirements of the specifications and drawIngs. 017A[�;v FER 3 01'1-11W�10 - . Summa Mechanical Contractors dba SMCAJr Conditioning (Name of bidder, Cam Signature Andres Garcia a me CEO • 954-562-8161 :W=dLe=n Fff-W, Page 305 of 585 E-Mail: bids@smcac.com 75,"q T;TjjKW'Ivw*j b Page 306 of 585 A• 0 �19 0 XT4111 IL as Principal, and OHIO CASUALTY INSURANCE COMPANY as Surety, authorized to do 2x'. -WI W.1 Aff-4 ilzhfl In the penal sum of Five Percent of Bid Proposal Submitted - - - - -------- ------ Dollars a ul money of the United States, for the payment of which sum will and truly to be made, we bond ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. Mmitted the accompanying bid, dated, March 28, 2017 for- WEVAI.WeAqw, COMMUNITY CENTER BID No. 018-2710-17/JMA A. If the principal shall not withdraw said Bid within ninety (90) days after date of open! of the same, and shall within ten (10) days after the prescribed forms are presented him for signature, enter into a written Contract with the Owner in accordance with t Bid as accepted, and give bonds with goods and sufficient surety or sureties, as m be required, for the faithful performance and proper fulfillment of such Contract th the above obligations shall be void and of no effect, otherwise to remain In full'fo and effect. B. In the event of the withdrawal of said Bid within the period specified, or the fallure enter Into such Contract and give such bonds within the time specified, K the princip shall pay the Owner the difference between the amount specified in said Bid and t amount for which the Owner may procure the required work and supplies, If the lattl amount be In excess of the 1brmer then the above obligations shall be void and of effect, otherwise to remain in full lbrce and effect. Page 307 of 585 16; WITNESS WHEREOF, the a ,gove bounded ea eg. have executed this rch!12 instrument under their several seals, this 2 day of M rc , 2 17 being 2r� Tvz" to authority of is governing body. WITNESS: (if Sole Ownership or Partnership, two (2) Witnesses required). Name of Firm All.q4_67 U-7, =7'T Corporate Sur* WITNESS: f11111 Olga Iglesias M�! Title 5071 S. State Road, Suits 704 Business Address Attom,,ey-InI (affix seal) Charles J. Nuelso, n -"-- City state Nlelson, Hoover& Company i . -1 - Page 308 of 585 't ftkffe�@ as Principal in the within bond; that - Aindru G%-cA e. who signed the said Bid Bond in behalf of the Principal, was then C6()1- of said Corporation; that I know has signature, and his signature hereto is genuine; and that said bond was duly signed, sealed, i attested for and in behalf of said Corporation by u I ythodntry caff its lng Zbody. . . ..... .. ry Sec ry r(omo Fm n m t porate seal) STATE OF FLORIDA COUNTY OF PALM BEACH I Before me, a Notary Public duly commissioned, quaed and acting, personally appeared Chades J. Nielson — to me well known, who being by me first duly swom upon oath, says that he is the Attorney -in -Fact, for the The Ohlo Casualty Insuranoe Company and that he has been authorized by President — to execute the foregoing bond or ........ ...... By: Note rY Pu-blic—, Ttalt—GaR—on7a- 9 NOTARY OLGA IGLESIAS PUBLIC CoMMISSION N FF 105208 SWE 111PIRESMay 21,2018 FlaRIDA BONDEI) ?IqROUGM RU INSURANCE COMPANY 131B -3 Page 309 of 585 11 KIP �14TAKSR MMUM INITA I 11-9117N I Fitto 11:1110 111 (a] 9 1 itz a 7r R r ar17TMT--TfM-- =7 7 il-m I RIMT1 I I I 1 9 4 Davie, FL 33314 3. When Organized: 4/5106 4. Where Incorporated: 4/5/06 5. How many years have you been engaged In the contracting business under the present firm name? 10 .......... . ... ... . 6. General character of work performed by your company. Our co any provides air can iioing, heating, and refrigeration services for Broward, Palm each, and dade counties 7. Number of, employees. 12 a. Background and experience of principal members of your personnel, including officers. b. Bonding capacity. $400,000.00 •;I lip SBQ - 1 Page 311 of 585 Project $ Value Contact Name Phone # Carrillon Hotel A/C upgrade $38,351.00 Scott MCallum 954-854-6620 Penthouse HVAC remodel $80,020.00 Noel Caboverde 305-970- In In Peaks VRV HVAC system $50,152.00 Jack Flechner 954-727-9800 Hallandale Fire Dept A/C $4,591.00 or lana Terrientes 954-457-1476 11. Contracts on hand. 12. Largest completed projects (include final cost). 1 ) Broward County server chiller $136,902.00 2) Rooftop Package unit replacement $20,000.00 3) The Cove Beach Club $27,361.00 14. List all lawsuits (design and/or construction related) to which you have been a party and which: -* None I ) arose from construction projects: 2) occurred within the last 4 years: C) provide case number and style: Dated at:... ompany location this 17 day of March 2017 By: (Signature) Name: Andres Garcia (Printed or Typed) Title: CEO' THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR VAM Page 312 of 585 Cooling Performance otal Foss capacity.......... *, capacitySons Is gross �et «-Ity Total pac 363.1 MBH Sensible not capacity 242.0 MBH1 -'Efficiency (at ARI) 10.60 EER Integrated -11.60 IEER Amblent D: temp. 91.8 IF Entering 1313 temp. 80.0 IF I Entering temp. 57.0 OF I Leaving 3�temp. Leaving WB temp. 60.7 IF Power Input (wJo blower) 28.02 Sound power 88 I: Refrigerant pe tPerformance ring DI3 temp. 80 IF Heating output capacity (Max) 125.3 MBH Nominal electric heat 40 kW Applied Installed 19 CFM ,, Leaving !S temp. 60.7 IF Air temp. doe 9.7 IF Supply Air Blower Performance ,,,!!1 CFM 1.6 lWa IWG Unit Losses (Options/Accessorles) 0.52 BlowerAddl. speed 'oI f - Actual BHP 11 HP 950 HP required Power input 7'92 kW Jevation 1 Drive Power • . 2081230-3-50 Unit min circuit ampacity 158 Amps Unit min over-currentprotection Unit max over -current Dimensionsa Weight Hgt 64 In. Lon 251 in. Wth 92 In. h1with_Nctary InstalledojyJons 1 Clearances Right 60 In. Front 80 In. Back 1201n.Bottom 1In. LeftR 74 Ton Introducing Irooftop peak performance and value both today and Yor years to come. Millennium units are manufactured at an ISO 9001 registered facility and each rooftop is completely compuler-run tested prior to shipment. In It Features Four Cooling Electric Sloped roof wiI Major components have hinged and latched access doors DoubleCabinetConstruction T i.R-; Superior Clesnability and PaintedStructural Integrity Unit Cabinet Constructed of Powder Steel, Certified at 1 111 Hours SpraySalt Constant Volume Flow 1ec an ca oo ng m to IndustrialDutyScroll Compressors Idependent Refrigeration Circuit Economizer, IndoorFault Detection & Diagnostic (Meets ASHRAE 00. 1 -2013, IECC 2015, California Tkie 24, AMCA 511) 10 HP High Effidency BladesForward Curve Bottom Return, Bottom Supply Configuraton Deflection Springs UnderR I Blower 2" Pleated Filters (Mery 8) Replacement Filters: 4 - (IS" x 26") AND 1, Short Circuit Current: 6kA RMS Symmetrical Single Point Power f 1pIir Tube/AJuminum FinCondenser Angled Condenser Coils Protect from Hell, Shipping, and Handling Damage Copper I ' aI I I. Coll SlopedIntertwined Evaporator Coils Provide Larger Heat Transfer at Part Load Through -the -Curb and Through -The -Base Utility Connections Stainless Steel Drain r: Standard ProtectionHigh and Low Refrigerant Pressure ControlStandard Unit Controller: Simplicity BE ControllerSimplicity SE Temperature Sensors. BACNet MSJTP, Modbus and N2 iT Card One (1) Year Limited Parte-Only Warranty on the Complete Units 4Warranty an Compressors 1Electric Heater Elarnents; In on Is wA4W to chwVa wth= nalce. Check Wed cales. Page 313 of 585 Johnsion 01,0' Series I I Ton controls N529 Single Package R-41 CAir Condidoner Project Name, Boyrftn Beach RTU Replacement Quantity. 2 Tag* RTU -1,2 - RIGHT END d 1,� TSECTION .W FRONT oPrionaL POWER LEFT END OUTLET (I 15V) POWER EXHAUST ACCESSHEAT SECTION SUPPLY - MOTOR 1 �.,*., 'a 9 �-A -. - Prht8d Q3fP 017 Page 314 of 585 Series Package' Johnson 9, Controls 9 Single Package R -410A Air Conditioner Project Name. Boynton Beach RTU ReplacAment 101 R / • / • / • - / REAR FRONT 10, Unit Model A 1 7 Al Sys : N N v 1 a 7 -1 ( 1 ! Hili *EEO 7 NOTE: DO NOT use the nit roof to support any type of structure or bracing. 11 ••a �► s - •- -* • amy RAIN HOOD FOR FIXEDOUTSIDEAIR - �07 v 10, Unit Model A 1 7 Al Sys : N N v 1 a 7 -1 ( 1 ! Hili *EEO 7 NOTE: DO NOT use the nit roof to support any type of structure or bracing. 11 ••a �► s - •- -* • amy RAIN HOOD FOR FIXEDOUTSIDEAIR 33-10 OR ECONOMIZER LEFT 1- FRONTr •rM •' T��`' it i i 3 r � r mAOODFOR OPTIONAL EXHAUSTAIR r � � r � r ®9 Page 315 of 585 v e u�uu 33.90 .'3 . 94 mAOODFOR OPTIONAL EXHAUSTAIR r � � r � r ®9 Page 315 of 585 Johnsonflot Series 40 (25-40 Ton Package) Controls N529 Single Package R-41 OA AIr Conditioner 0�":" 13-opt"o, n' Beach RTU Repiic-e- m--ent fu-s-r–Tifly-2 –Taji�i — — ----------- RETURN AIR SUPPLY AIR 54' Unit Model 0: V315411AR02AIBCAAA1 System: V315412ABNAISCAAA1 (2) 13ta' 41 03 -6f5° —0 BAIR RAIL 2,31' 6.45' I 1 412' FPT WOE RAIL 0 24W DETAIL B (ELECTRICAL CONNECTIONJ lnfcrmgOfl Is SLM" to change wffl=l nafice. Chock looW codes, TO GAS VALVE MANIFOLD 2 -IM O. HOLES alw 1-19* Nprr DETAIL C WS CONNEcnoN THROUGH CURB) Page 316 of 585 RICK SCOTT, GOVERNOR KEN LAWSON, SECRETARY ,'r 0 STATE OF FLORIDA Page 317 of 585 M of 585 ANDRES GARCIA 12648 NW 12TH Cr ;)unrise, FL 33323 . T 798-3253 PROFILE Knowledge and competency In core hardware and operating system technologies Includl Installation, configuration, diagnosing, preventive maintenance and networking. Experienced In system -operations training, collections, and customer service. • Excellent experience In system operations and various types of hardware and software. • Over 10 Years of Experience in the computer field (certified). • Knowledge in data entry, and file updating. • Bilingual English and Spanish, • Strong Interpersonal skills, a positive attitude, and a great team player. EMPLOYMENT Ekkeko Holdings, L . Su i, FL 2014 -Present CEO Real Estate Investment Property Management Surnme Mechanical tr , LLC. Davie, FL 2012 -Present CEO 05/16 Administrator . Train office staff, technicians & comfort specialists a Six years technical experience in the air conditioning field. United1 Group, I. Plantation, FL 2006 -Present Braker Sales Assoclate . Lead Generation Property Listing Workingwith buyers and sellers. Acculmw, Inc. Davie, FIL 2000-2012 rechn1dan Train staff and customers In computer -system setup and operations. . Troubleshooting. Telephone support. Networks. General office duties. Viewing, LILC. Hollywood, FL 2003-2006 Page 319 of 585 CEO Residential and Small Business services In Networking and Troubleshooting. Sales. Web Design. System Builder. General off Ice duties. Fazzt Inc. Sunrise, FIL 2003-2005 Manager Assisted in training and supervising staff In all operations. Word processing, data entry, writing/editing documents and correspondence. General office duties. Magnificent Jewelry, Fort Lauderdale, FL 2003-2005 CEO Sales . General office duties. Word processing, data entry,writing/editing documents and correspondence. 0 iviMW Devry University, Miramar, FL 2004-2006 ajorr In: Network and CommunIcatlons Management Cooper Cf y High School, Cooper City, FL 2003 + Certified Technician, Plantation, FL 2000 MCP (Microsoft I Professional), Plantation, FL 2000 REFERENCE PROFESSIONAL John 3i I s , (CEO) Green Lawn Design (954) 791-8264 ill r it, (CEO) Image Instrumentation (954) 680-6865 Miguel Garcia (CEO) Maverick United Elevators (305) 888-7599 More References Upon Request Page 320 of 585 RESULT -ORIENTED MANAGER Maintenance and Process Engineer with recognized strength to accomplish goals and a team builder. PROFILE V Over twenty years hands-on Maintenance experience in Food and Pharmaceutical Manufacturing Operation Strong mechanical aptitude & working knovAedge of electrical & mechanical systems. Excellent trouble shooting & diagnostic skills, Flexible and adaptive to change; resourceful in getting the job done. Many years of experience in an OSHA and cGMP environment. V Reengineering process and equipment. V Work well independently; interface professionally with all disciplines. M-0 Air Conditioning Repair/install Davie, FL Mechanical Contractor, 04/2006 to Present Oversee Projects, Maintenance and installations of: Residential & Commercial air conditioning and refrigeration s_ystems- compress amr- and all Uinment related to the Comn yoneratlons.CM-n"it� State and Federal regulation for building inspections Dry Clean The largest chain of laundry and dry clean services in South Florida Oakland Park, Florida ,TJ_� I �_ I : 1 .13 LVJE!E!M6 lklell operation. Comply with State and Federal regulation fbr building inspections Nature's Products, Inc. A vitamin and ••.,. supplement manufacturer. Sunrise, Florida > Asses programs and systems to improve the efficiency of the solid -dosage, manufacturing and packaging process. > Increased productivity and improve quality by automating the film coating process, reducing the batch pro time 70%. > Solid -dosage hands on experience with: Blander, tablet presses, capsule fillee and fill coating equipments. Page 321 of 585 > Removed from the old location, installed and started -up all the process & utilities equipments within the current state -of -the -arts facility. > Plan budgets & schedule facility modifications including cost estimates and vendor negotiation. > Oversee all now capital expenditure items including all the operation and process equipments. > Oversee cleaning, past control and maintenance of the building grounds. > Contract & supervise all outside contractors > Maintain compliance with all applicable federal, state and local codes. > Responsible for the Plant and Office security system. Parmacapsulas S.A. Barranquilla, Colombia Project & Maintenance Manager, 4/19924/1996 > Planned, oversaw, completion of all projects and started up of these state-of-the-art hard shell capsule plant, increasing the prod uction from 6. 000, 000 to 1: 000. 000 capsules /day. > Removed from Jerusalem (Israel), installed and started -up two complete hard shell capsule process lines. > Managed daily operations and maintenance of industrial and facility equipments. �:- Coordinated the labor & projects for the electrical and mechanical supervisors. Golatinas do Colombia S.A. Barranquilla, Colombia Maintenance and Project Manager, 4/1976-3tl992 > Preventative and corrective maintenance of industrial equipment: e.g., positive and centrifugal pumps, water treatment plant, fire tube boilers, electrical installation and motor. HVAC, continuous vacuum evaporator system, etc. > Removed, shipped from Kenosha W.I. and installed one continuous Gelatin Dryer, capacity of 10 tons/day with all the support equipment as. steam, refrigeration and A/C, low humidity air system manufactureR by "Kathabar Systems". Selection and installation of one OKongsberg" emergency power generator 1250 KW, 4160/3/60 Cafeteria Almencim Tropical 0M 6-mrf Barranquilla, Colombia IT, = Er!m Gollatinas do Colombia Ltda Barranquilla, Colombia Maintenance Manager, 1972-1974 =1 III 10JA I C•]; Technological University of Pereira (Colombia). B.S. in Mechanical Engineer— 1972 Certified Mechanical Contractor for the State of Florida. 'Certified Seminars in: Maintenance Planning & Programming; Pneumatic and Technology Systems; Basl,-* GMP regulations and A/C Alternative Compressors. lu: t1imp-q, Proficient reading, writing, and speaking Spanish Page 322 of 585 DATE: 411� f as an authorized representative of. ,(Print 4 aliR ,• 'l .1; Au Ing his bid pr proposal. F ILI 161Llffiq a TbTmX*] J;j J TTT-.qEU= County of Broward Andres Garcia .......... . . , being first duly swam, deposes and says 1) He/She is CEO -.--—-.-Of Summa Mechanical Contractors LLC, (Title) (Name of Corporation or Firm) the bidder that has submitted the attached bid: "REPLACEMENT OF THE PACKAGED ROOF -TOP HVAC UNITS AT THE EZELL HESTER COMMUNITY CENTER IMPROVEMENTS" 2) He/She is fully informed respecting the preparation and contents of the attached bid and of al-. pertinent circumstances respecting such bid; 4) Further, the said biddee'nor any of its officers, partners, owners, agents, representatives, employees or parties in Interest, including this affiant, has in any way o• .• conspired, connived or agreed, directly or indirectly with any other bidder, firm or person to submit a collusive or sham bid in connection with the Contract for which the attached bid has been submitted or to -refrain from bidding in connection with such Contract, or has In any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other- bidder, firm or person to fix the price or prices in the attached bid or of any other bidder, or to fix any overhead, profit or cost element of the bid price or the bid price of any other bidder,- or to --secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Boynton Beach or any person interested in the proposed Contract; and 5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any Wlusionconspiracy, connivance or unlawful agreement on the part of the bidder or any of its agents, representatives, owners, employees, or parties in Interest, Including this afflant. (Signed)-- (Title) CEO Subscribed and swom to before me This, DAVID -1jo day of -,c - 2017 $ALDARW My COMM138M 9 PFUMI EXPOISS J* OF. 2019 My commission expires —1 'r"is PAGE TO BE SUBMI'176 ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE NCA;. I Page 324 of 585 0 Sworn and subscribed before me day Of 20 J3 AWME��! at Lbr�-Je 110,6155 to] F-1 SIR] 70 ZU-Mro W5 F-3 &I � NAME - S'IGN4�ft Printed Information: Andres Garcia NAME CEO TITLE Summa Mechanical Contractors COMPANY Page 325 of 585 0 , 01 a 0 Pj:W1 01177TV11 = # Pease TiA out and indicate in the appropriate spaces provided which category best describes your company. Return this fonrn with your bid proposal sheet making it an official part of your bid response. Is your company a Minority Owned Business ? x If Yes, please indicate by an 'X'int he appropriate box: AMERICAN INDIAN ASIAN BLACK X) HISPANIC WOMEN OTHER NOT APPLICABLE (specify) Do you possess a C4rdfication qubilifying your business as'a Minority Owned Business? YES X NO If YES, Name the Organization from which this certification was obtained and date: State of Florida (minority Business Certification) Issuing Organization fdr Certification 10/26/16 �ate 'iI -n--- -- Page 326 of 585 m m Page 327 0 585 +R 14 1 X F.Af RMN-TA Pz Deaun or 01 ", political slouivi5ion Yor Me procurement ot commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. order tohave drug-freeworkplace program, business 1 ) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited In the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by _ terms of • will notifyemployer of any conviction of, or pies of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a' violation occurring in the workplace no later than days after such coriviction.' 5) Impose a'sanctloh on,or requite.the satisfactory participation in a drug abuse assistance or rehabilitatio'n''prograirhavailable - employee's • !any employee !is so convicted.. 6) Make a.'g6pd 161th; effort.: to' , '.00ntlnue'jo 'maintain a drug-fr6a workplace through Implerfientsitloh .this section. • = • a T f •1511111 - the above re'quilremerits; Page 328 of 585 1. Bidder shall provide a copy of the Safety Program(s) to be in effect for the duration of the Contract (attach o the back of this form). reserves2. The City • conduct periodic _ cinspectionsc rightsubcontractor, employees, agents, etc. throughout the duration of the Contract. 3. The Clty reserves the - Contract where it Is determined that the contractor or subcontractor is in non-compliance of the safety terms, regulatlons or requirements established by O.S.H.A. or the State, f. . r abovethe :• : L11-1111111.0•' THIS PAGE TO ' D ALONG WITH PROPOSAL Page 329 of 585 SIVIC Air Conditioning Employment Policy Manual Submission to the conduct is made by either explicitly or Implicitly a condition of employment: Submission to or rejection of the conduct is used as the basis for an employment decision affecting the harassed eTrployee: Suck coTduct k.?s tke XurXrse -ir Oe.Kif su�stmztlelly imegeftj wM the e;%E1zyee's voirk �eiiftra—tanca ir creates an Intimidating, hostile or offensive work environment. 1. Sexual advances, sexual flirtations, requests, threats or Intimation for sexual behaviors, lewd comments, graphic verbal commentaries about an Inddual's body, comments regarding sexual behavior, Innuendoes, and other vocal activity, such as "cat calls" and "wolf whistles". r-XTM7-TTTM M- 3. Display of photographs, cartoons, articles or other written materials or objects of asexual nature in the work place. ewployee or applicait for ext;rleyixext wki feels he ir she ham keeA sexually harassel. shsyll immallatel-ir ra-Xiirt sxch tell c*sl Company President. IT deterxtixixg �—,Aetkeralfeege1,'.nxlux cxzsttutes sexual karassx%e7a, the tztallt�-zf the circymstances, the natxre crFthe harassment, and the context In which the alleged incidents occurred will be investigated. The Company has the res�onsibllltU I17W2 Wt-�202 1 i�y kL F ��J W: investigation will be maintained to every extent possible. There will be no reprisals taken against anyone who makes a complaint. Based on the investigation, the Company will determine whether the conduct complained of constitutes sexual harassment. if sexual harassment occurred, appropriate action will be taken, Including discipline up to and Including termination of employment. SaLty Program Your safety is the constant concern of this company. Every precaution has been taken to provide a safe workplace. Supervisor makes regular insDections and holds reeular safetv TrR--P1TVr.F—VP akn Trpptc wit'r 7rz-r!*vavra-rt ts vim-rn-r-o 11 4 . i olA�*W-KMM-TiRUTI MrSaw"Gi-Wholsilf all habitual violation of safety rules will be consid 4ealth and well being of each member of the team. the -P hv rann safp ditin S r wa Page 330 of 585 SMC Air Conditioning Employment Policy Manual Give earnest consideration to the rules of safety presented to you by poster signs, discussions with your supervisor, posted department rules, and re-mulatlonscwbilshed in perform your job, or as you learn a new one. Accident Repordrig Any inJurvat work—no matter howsmall—must be reported immediatelyto vour Sune iYU R trealment. Serious cons"Itions often arisefrom small Injuries if theyare not careA for at once. Specift Safety Rules and Gaidelines To ensure your safety, and that of vour covior 2. or to maintain safe and healthful working conditions. 2. Furnish, within reason, the best available mechanical safeguards and personal protective equipment where, in Its judgment, they are needed. 3. Insist that all co-workers observe established safety regulations and practices and use the safety equipme provided. I ;7afety Rules and Regulations 1. Hard Hats must be worn, at all times, while on jobs requiring their usal 2. Follow all tool and equipment manufacture's safety precautions, warnings, and guidelines. ---YRM7MVe =5-TL1T—'ME7T—'ffffffr-MM HIM toes arz encouraged. 4. Gloves and Goggles or safety glasses must be worn when drilling, soldering, brazing, grinding, sanding, etc. Goggles are the responsibility of each and every employee. S. First aid kits have been supplied to each truck. They are the responsibility of each employee. The employee must be certain to maintain these First Aid kits. 6. Fire extinguishers have been supplied to each truck. They are the responsibility of each employee. if a Fire Extinguisher is discharged, the employee is responsible for having it replaced or refilled. When weldingor brazing, the employee must have his/her Fire Extinguisher within ten feet of the work area. 7. Ladders may only be used when In good working order. Each employee must make themselves aware of the operating procedures and instructions foreach ladder they use. Ladders must be tied off. Each employee musttle SMC Air Conditioning. All Rights Reserved. Confidential. This Is Not An Employment Contract. -17– Page 331 of 585 SMC Air Condoning Employment Policy Manual off their ladders so that there Is no possibility of the ladder failing, as a result of heavy winds, etc. This Is very Important. Failure to comply with this or any other safety rule could result in your immediate termination. 8. All tools must be inspected on a regular basis. This Is to assure that they are working correctly and are completely safe for use. All equipment must be in proper working order before usage. Extension cords must be in good condon and of the "three wire" type. 9. Employees must be certain that no unauthorized persons can gain access to any of their equipment. Employees are not to allow anyone to use any of their tools and equipment, which are not completely familiar with Its safe usage. 10. Vehicles are to be kept in safe operating condition. Employees are to report any problems with their vehicles tj their supervisors immediately. Absolutely no passengers are ever allowed in your service vehicle at any time. t1. Use of Tour vehicle safe�o belt is the law in •ZR%TiWU mandatory and required, at all times, when in your vehicle. This is a must. Q. Material Safety Data Sheets have been provided to each employee and should be kept on their vehicle at ;1I times. This is the law. It is the responsibility of each employee to obtain and maintain these MSDS sheets. if materials are purchased that is not part of our regular inventory or if they do not have a MSDS sheet for a particular material, it Isthe responsibility of each and everytech to obtain these MSDSsheets and keepthem on their vehicle. 13. Observe and practice the safety procedures established for the job. 14. In case of sickness or Injury, no matter how slight, report at once to your supervisor. In no case should an employee treat his own or someone else's injuries or attempt to remove foreign particles from the eye. 15. In case of injury resulting in possible fracture to legs 1k � 'th -back A)urrqtoq�" &A, AFm& &., condition, or a severe head Injury, the employee is not to be moved until medical attention has been given by authorized personnel. 16. Do not wear loose clothing orjewelry around machinery. It may catch on moving equipment and cause a serious Injury. 17. Never distract the attention of another employee, as you might cause him or her to be injured. If necessaryto get the attention of another employee, wait until It can be done safely. 18. Where required, you must wear protective equipment, such as goggles, safety glasses, masks, gloves, hairnets, etc. such equipment Is adjusted for you. SMC Air Conditioning. All Rights Reserved. Confidential. This Is Not An Employment contraeL Page 332 of 585 &TiC Air Conditioning Employment Policy Manual 20. Pile materials, skids, bins, boxes, or other equipment electric lighting or power panel,doors 21. It's every employee's responsibility to be on the lookout for possible hazards. If you spot one of the conditions on the following list—or any other possible hazardous s Ituation— report it to your supervisor immediately. 22. Keep all equipment, materials, tools, etc., tied down and secure. Lockuptools, equipment, etc., where applicable. 23. Your work location should be kept clean and orderly. Keep machines, tools, materials and otherobjects; out of the center of rooms. Clean up spills, drips, and leaks immediately to avoid slips and falls. 24. Place trash in the proper receptacles. Stock shelves carefully so materials and tools will not fall over. Office All office equipment Is supplied by the company and should be used according to instructions or policy. Office equipment should not be used for personal usage. Phone Usage Phones should be answered politely and courteous within the first two rings. Phones should always be answered, 'Thank you for calling SMC Air Conditioning this Is <your name> how may I help you." When taking phone messages Insure that the date, time, name, company name and other pertinent information is Included. Phones are for company business and personal calls should be limited to emergency calls, or limited use while on lunch or break. Intemet and d Usage Electronic mail and Internet is ONLY to be used for business purposes and not personal use. Employees are not to subscribe to list saaiiras. Tpsvc artirre Trzill-rer lic+c rr I iear�a+l. +1-4. J_ __46 --i-&- graphical or textual depictions of sexual activities. 15UGIC619P rielle bo not Do" nioaa items to your computer as this may cause problems with viruses. Personal email accounts may be checked during breaks or Violation of this policy may result In disciplinary action, legal action and /or other serious consequences. Page 333 of 585 Page 334 of 585 MHz=:4 REPLACEMENT OF ROOF -TOP HVAC UNITS AT THE EZELL HESTE; COMMUNITY CENTER 0: 547-7111 oireMeTma =7 n. 4119; Im 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 or 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 termination. Surnma Mechancal Contractors LLC CONTRAC OR NAME BY.,.,,.. Page 335 of 585 STATE OF FLORIDA SS: COUNTY OF ) 1. HEREBY CERTIFY that on this day, before me, an officer duly authorized 12m take acknowledgements, personally appeared Andres Garcia Florida Corporation and general partner of Surnma Mechanical Contractors LLC A Floddi limited partnership, to me known to be person descdbed in and who executed thi foregoing instrument and he uses and purposes therein expressed. 67 • Illy Commission Expires:of i DAVID SALOARR"A my co MMISSION 0 ppu?nl EXPIRES J* 07.2019 Page 336 of 585 Page 337 of 585 \ �i \ " \ Ln a. i k� cm • 1 Ln \ Ln g C CL :d • Ix c CL c • L L L L S ®CL CL L E gq, N CLI se FL 8 LU LU O W CL Page 337 of 585 _e �..�...: Y_� INSURED_ D ..TINSURER 5011 S+ 7 STE 704 SURER „_ 3331 954-562-8161 TMS IS 'I°�� Y 1 3 �:6 � � INSURED F nj5Z.j � C `3 � SU � � "� � LT � pq RESPECT v � -nils gE IS L�n , � � � L Ca � L d r'k-7 FUD HEREIN I SUBJECT ALL THE F S �� irk Pg E- r —T- , GENERAL LM�LrrYaL. L d „a�sC�ta�v'Y"� t pxlti7FaR-D r'+, Lt 00MEACAL GENESCL LtmiLiTy EACH 00CURPENCE CLAIMS-NIADE 11 OCCUR t MED EXP �r FERMIN L& ACV a i 2., AGGREGATE LB e APPLIES PFR, POLICY 5 1 LOA AUTOMOBILE UARLMY— ANYAVrO ALL OWNED SMEDULED HMMAUMS 7, . MOREMA UA Ire N :ESS L 3_Yi MdD EWLOYEIVt L'ILr iAR ' Mu YIN err Mwmlh LW 'HIA ! CRS ON or OpEuTiLIM IP SIR Mw GENSA(MEGAMn PRODMY" - ccgpip 900LYINJURY m ys i6ELY i lzry 4�d P.6�e ' EAC H OCCW+rtOON 40GREGNTH 11 1 WSM-E .at_"sZ, 1 a 0Q -201 "Met ACORD name and We or@11919ored rn.1o; 5 of ACORD Page 339 of 585 LOA 4:4 M T "k; ------------ Named Insured: SUMMA MECHANICAL c, CT 5071 S STATE ROAD 7 STE 704 DAVIE FL r e ERTIFTCATE HOLDER THIS CERTIFICATE DOES NOT GRANT ANY COVERAGE OR RIGHTS TO THE 'CERTIFICATE HOLDER IF THIS CERTIFICATE IN -- ■HOLDER ■■ONAL INS A&WAva"AT11- ■- • -& ■ ■ ■ ��. 00 *0rjqIk1&j1j -� Includes copyrighted material of Insurance Services office, Inc., with its permission Cl CWA02 10 11 AbbbInsurance Comparry pop 1 of 1 Page 340 of 585 Page 341 of 585 7.B. REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R17-047 -Award Bid No. 019-2821-17/TP to the low bidder, Bofam Construction Company, Inc. of Miami, FL, for the Construction of the NE 20th Avenue Stormwater Improvements, and authorize the City Manager to sign a contract, in the amount of $614,369.13 plus a 10% contingency of $61,436.91, for a total estimated amount of $675,806.04. EXPLANATION OF REQUEST: On February 1, 2017, Procurement Services issued Bid No. 019-2821-17/TP for NE 20th Avenue Stormwater improvements with a Mandatory Pre -Bid Meeting and Site Inspection held on February 21, 2017 for interested prospective bidders to review the project. On March 21, 2017, Procurement Services opened submittals from eight (8) bidders. After reviewing and evaluating the apparent low bid, Staff recommends award of the project to Bofam Construction Company, Inc. as the lowest responsive and responsible bidder. During the review process, Staff discovered a mathematical error in Bofam's submittal; however, this error was determined to be minor and did not impact the substance of the bid. Term of agreement: The work shall be substantially completed within 120 calendar days (approx 4 months) after notice to proceed and completed and ready for final payment within 30 calendar days from the substantial completion. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This agreement will provide for the implementation of the NE 20th Avenue Stormwater I mprovements project to enhance City- operations FISCAL IMPACT: Budgeted The costs of this project will be paid from approved Cl P budgets budgeted within the City's adopted budget. Project # STM029, account 403-5000-538-65-09 and 403-5000-535-65-04. ALTERNATIVES: Not approve the contract and re -issue the Bid. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: Page 342 of 585 CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: CONTRACTS VENDOR NAME: Bofam Construction Company, Inc. START DATE: END DATE: CONTRACT VALUE: MINORITYOWNED CONTRACTOR?: Yes EXTENSION AVAILABLE?: EXTENSION EXPLANATION: ATTACHMENTS: Type D Contract D Letter D Bid D Bid D Bid D Bid REVIEWERS: Department Utilities Finance Legal City Manager Description Resolution approving and authorizing City Manager to sign a Contract with Bofarn Construction Contract Bofarn Consultant's (A COM) recommendation Bid Schedule Final Bid Tabulation Sheet Bofarn Bid/Proposal Construction budget breakdown of bid tabulation Reviewer Action Date Pigott, Bevis Approved 5/3/2017 ® 11:12 AM Howard, Tim Approved 5/5/2017 ® 2:57 PIM Swanson, Lynn Approved 5/11/2017 ® 3:58 PIM LaVerriere, Lori Approved 5/12/2017 ® 9:37 AM Page 343 of 585 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 AND AUTHORIZING THE CITY MANAGER TO SIGN A CONTRACT WITH BOFAM CONSTRUCTION COMPANY, INC., IN RESPONSE TO BID NO. 019-2821-17/TP FOR FOR THE CONSTRUCTION OF THE NE 20TH AVENUE STORMWATER IMPROVEMENTS IN THE AMOUNT OF $614,369.13 PLUS A 10% CONTINGENCY OF $61,436.91 FOR A TOTAL ESTIMATED AMOUNT OF $675,806.04; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on March 21, 2017, Procurement Services opened submittals from eight (8) bidders in response to Bid No. 019-2821-17/TP for the Construction of the NE 201h Avenue Stormwater Improvements; and WHEREAS, staff reviewed the bid proposals and it was determined that Bofam Construction Company, Inc was the lowest responsive and 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. 019-2821-17/TP for the Construction of the NE 201h Avenue Stormwater Improvements to Bofam Constructionj Company, Inc., and authorize the City Manager to sign a Contract with Bofam Construction Company, Inc. 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. Section 2. The City Commission of the City of Boynton Beach, Florida, hereby C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\733BE7BA-07B1-4AAC-AA96-9A5DB83C1AE9\Boynton Beach. 5559.1.Award Bid and Contract to Bofam for Stormwater Improvements_-_Reso.doc -1- Page 344 of 585 30 approves the award of Bid No. 019-2821-17/TP for the Construction of the NE 20th Avenue 31 Stormwater Improvements in the amount of $614,369.13 plus a 10% contingency of 32 $61,436.91 for a total estimated amount of $675,806.04 and authorize the City Manager to 33 sign a Contract with Bofam Construction Company, Inc., a copy of which is attached hereto as 34 Exhibit "A". 35 Section 3. That this Resolution shall become effective immediately. 36 PASSED AND ADOPTED this day of , 2017. 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 ATTEST: 53 54 55 56 Judith A. Pyle, CMC 57 City Clerk 58 59 60 (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Justin Katz Commissioner — Mack McCray Commissioner — Christina L. Romelus Commissioner — Joe Casello VOTE YES NO C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\733BE7BA-07B1-4AAC-AA96-9A5DB83C1AE9\Boynton Beach. 5559.1.Award Bid and_Contract to_Bofam for Stormwater Improvements_-_Reso.doc -2- Page 345 of 585 CONSTRUCTION CONTRACT NE 20TH AVENUE STORMWATER IMPROVEMENT THIS AGREEMENT is entered into between the CITY OF BOYNTON BEACH, a municipal corporation, hereinafter referred to as "CITY", and Bofam Construction Company, Inc. a corporation authorized to do business in the State of Florida, hereinafter referred to as the "CONTRACTOR". WHEREAS, the CITY has awarded to the CONTRACTOR the work of performing certain construction services. WHEREAS, at its meeting of May 16, 2017, by Resolution No.: the CITY Commission authorized the proper CITY officials to execute this Contract hereinafter referred to as Contract No.: 019- 2821-17/TP, and; NOW, THEREFORE, CITY and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. SCOPE OF WORK. CONTRACTOR shall furnish all plant, labor, materials, and equipment and perform all the necessary WORK in the manner and form provided in the Contract Documents entitled: NE 20TH AVENUE STORMWATER IMPROVEMENT. Invitation to Bid No. 019-2821-17/TP. Article 2. CONSULTANT. AECOM ("CONSULTANT") has designed the Project and will assume all duties and responsibilities and will have the rights and authority assigned to CONSULTANT in connection with completion of the WORK in accordance with the Contract Documents. Article 3. CONTRACT TIME; LIQUIDATED DAMAGES. 3.1 The WORK will be substantially completed within 120 calendar days from the date when the Contract Time commences to run as provided in paragraph 2.3 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.9 of the General Conditions within 30 calendar days from the date of Substantial Completion. 3.2 Liquidated Damages. The CITY and CONTRACTOR recognize and acknowledge that time is of the essence of this Contract and that the CITY will suffer financial loss if the WORK is not completed within the times specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. Each of the parties acknowledges that it has attempted to quantify the damages which would be suffered by the CITY in the event of the failure of CONTRACTOR to perform in a timely manner, but neither one has been capable of ascertaining such damages with a certainty. CITY and CONTRACTOR also recognize and acknowledge the delays, expense and difficulties involved in proving in a legal preceding the actual loss suffered by the CITY if the WORK is not Boynton Beach Utilities — NE 20th Avenue Stormwater Improvement C-1 Revised 04/26/2016 completed on time. Accordingly, instead of requiring any such proof, the CITY and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay the CITY, _Eight Hundred Dollars ($_800.00_) for each day that expires after the time specified in paragraphs 3.1 for substantial completion until the WORK is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining WORK within the Contract Time or any proper extension thereof granted by the CITY, CONTRACTOR shall pay CITY Two Hundred Dollars ($_200.00_) for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. Article 4. CONTRACT PRICE. CITY shall pay CONTRACTOR, for faithful performance of the Contract, in lawful money of the United States of America, and subject to the additions and deductions as provided in the Contract Documents, a total sum as follows: Based on the Contract prices shown in the Bid Form submitted to the CITY as subsequently revised and as stated herein, a copy of such Bid Form being a part of the Contract Documents, the aggregate amount of this Contract (obtained from either the lump sum price, the application of unit prices to the quantities shown in the Bid Form or the combination of both) not to exceed: Six Hundred Fourteen Thousand Three Sixty -Nine and Thirteen Cents $ 614,369.13_ (Written) (Numerical) Article 6. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. CITY will process Applications for Payment as provided in the General Conditions. 5.1 Progress Payments. CONTRACT may submit an Application for Payment as recommended by CONSULTANT, for WORK completed during the Project at intervals of not more than once a month. All progress payments will be on the basis of the progress of WORK measured by the schedule of values established in Paragraph 2.9.1 of the General Conditions and in the case of Unit Price Work based on the number of units completed or, in the event there is no schedule of values, as provided in the General Requirements. 5.2 Prior to Substantial Completion progress payments will be made in an amount equal to 90% of WORK completed, but, in each case, less the aggregate of payments previously made and less such amounts as CONSULTANT shall determine, or CITY may withhold, in accordance with paragraph 14.5 of the General Conditions. 5.3 CONTRACTOR shall submit with each Application for Payment, and updated progress schedule acceptable to the CITY and a Warranty of Title/release of liens relative to the Work that is the subject of the Application. Each Application for Payment shall be submitted to the CITY for approval. The CITY shall make payment to the CONTRACTOR within thirty (30) days after approval by the CITY of CONTRACTOR'S Application for Payment and submission of an acceptable updated progress schedule. 5.4 Ten percent (10) of all monies earned by the CONTRACTOR shall be retained by CITY until fifty (50) percent completion of the construction services purchased (defined as that point at which fifty (50) percent of the construction of the work as defined in the Contract Schedule of Values has been performed under the contract by the CONTRACTOR) has been reached. 5.5 After fifty (50) percent completion of the construction work purchased under the Contract Boynton Beach Utilities — NE 20th Avenue Stormwater Improvement C-2 Revised 04/26/2016 has been reached, five (5) percent of all monies earned by the CONTRACTOR shall be retained by the CITY until Final Completion and acceptance by CITY. 5.6 The CITY may withhold, in whole or in part, payment to such extent as may be necessary to protect itself from loss on account of: a. Defective Work not remedied. b. Claims filed or reasonable evidence indicating probable filing of claims by other parties against CONTRACTOR. c. Failure of CONTRACTOR to make payments properly to SUBCONTRACTORS or for material or labor. d. Damage to another CONTRACTOR not remedied. e. Liquidated damages and costs incurred by the CITY for extended construction administration. When the above grounds are removed or resolved or CONTRACTOR provides a surety bond or consent of Surety, satisfactory to the CITY, which will protect the CITY in the amount withheld, payment may be made in whole or in part. 5.7 Final Payment. Upon final completion and acceptance of the WORK in accordance with paragraph 14.10 of the General Conditions, CITY shall pay the remainder of the Contract Price as recommended by CONSULTANT as provided in paragraph 14.10. Article 6. CONTRACTOR GUARANTEE. CONTRACTOR warrants all work, materials and equipment shall be free from damages and/or defects owing to faulty materials or workmanship for a period of one (1) year after completion of the WORK covered by this Contract. The CONTRACTOR, free of all costs to the CITY, shall replace any part of the equipment, materials, or work included in this Contract, which proves to be defective by reason of faulty materials, damages, and/or workmanship within twelve (12) month period. Article 7. CONTRACT DOCUMENTS. The Documents hereinafter listed shall form the Contract and they are as fully a part of the Contract as if attached hereto: 7.1 Invitation to Bid 7.2 Instructions to Bidders 7.3 Bid Forms (including the Bid, Bid Schedule(s), Information Required of Bidder, Approved Bid Bond, and all required certificates, affidavits and other documentation) 7.4 Contract 7.5 Contractor's Performance and Payment Bond 7.6 General Conditions 7.7 Special Conditions 7.8 Technical Specifications 7.9 Drawings entitled: Cover, 7.10 Addendum No. 1 Dated Boynton Beach Utilities — NE 20th Avenue Stormwater Improvement C-3 Revised 04/26/2016 ARTICLE 8. NOTICE: All notices required in this Contract shall be sent by certified mail, return receipt requested and if sent to the CITY shall be mailed to: City of Boynton Beach Attn: Angela Prymas, Project Manager 124 E. Woolbright Road Boynton Beach, FL 33435 Tel (561) 742 - 6421 Fax (561) 742 - 6298 And if sent to the CONTRACTOR shall be mailed to: Article 9. INDEMNITY. Copy to: Procurement Services Division Attn: Director of Finance City of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach FL 33425 Tel (561) 742-6311 Fax (561) 742-6322 CONTRACTOR: Bofam Construction Company, Inc. ADDRESS: 1600 NW 3K" Avenue CITY/STATE/ZIP: Miami, FL 33136 Attn: Austin Akinrin, President Tel: (754) 245 - 0102 Fax:(305) 675 - 9269 In consideration of Twenty -Five Dollars ($25.00) in hand paid and other valuable consideration, receipt of which is hereby acknowledged, CONTRACTOR agrees to defend, indemnify and hold harmless the CITY, its agents and employees, in accordance with paragraph 6.17 of the General Conditions which is incorporated herein and made a part hereof as if fully set forth herein. It is the specific intent of the parties hereto that the foregoing indemnification complies with Florida Statutes 725.06. It is further the specific intent and agreement of said parties that all of the Contract Documents on this Project are hereby amended to include the foregoing indemnification and the Specific Consideration. Article 10. REIMBURSEMENT OF CONSULTANT EXPENSES. Should the completion of this Contract be delayed beyond the specified or adjusted time limit, CONTRACTOR shall reimburse the CITY for all expenses of consulting and inspection incurred by the CITY during the period between said specified or adjusted time and the actual date of final completion. All such expenses for consulting and inspection incurred by the CITY will be charged to CONTRACTOR and be deducted from payments due CONTRACTOR as provided by this Contract. Said expenses shall be further defined as CONSULTANT charges associated with the construction contract administration, including resident project representative costs. Article 11. FLORIDA'S PUBLIC RECORDS LAW. The City is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: 11.1 Keep and maintain public records required by the CITY to perform the service; 11.2 Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statue or as otherwise provided by law; Boynton Beach Utilities — NE 20th Avenue Stormwater Improvement C-4 Revised 04/26/2016 11.3 Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contact term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the City; and, 11.4 Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor's possession. All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. 11.5 IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: JUDY PYLE, CITY CLERK 100 E. BOYNTON BEACH BOULEVARD. BOYNTON BEACH, FLORIDA, 33435. 561-742-6061. PYLEJ@BBFL.US Article 12. MISCELLANEOUS. 12.1 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 12.2 CITY and CONTRACTOR each binds itself, their partners, successors, assigns and legal representatives to the other party hereto, their partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. Boynton Beach Utilities — NE 20th Avenue Stormwater Improvement C-5 Revised 04/26/2016 IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and year set forth below their respective signatures. 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 12017. CITY OF BOYNTON BEACH City Manager Attest/Authenticated: City Clerk Approved as to Form: Contractor Title (Corporate Seal) Attest/Authenticated: Office of the City Attorney Secretary Boynton Beach Utilities — NE 20th Avenue Stormwater Improvement C-6 Revised 04/26/2016 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: that (Insert name of Contractor) as Principal, (Address or legal title of Contractor) hereinafter called Contractor, and (Name and address of Surety) as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF BOYNTON BEACH, P.O. BOX 310, BOYNTON BEACH, FLORIDA 33425-0310 as Obligee, hereinafter called Owner, in the amount of Dollars ($ ), for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated 120 entered into a contract with Owner for in accordance with drawings and specifications prepared by which contract is by reference made a part of hereof, and is hereinafter referred to as the Contract. Boynton Beach Utilities — NE 20th Avenue Stormwater Improvement PFB- 1 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD Page 952 tilp I�RA NOW THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform such Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 1. Complete the Contract in accordance with its terms and conditions, or 2. Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the most responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the most responsible bidder, arrange for a contract between such bidder and Owner, and make available as work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price", as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of one (1) year from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of the Owner. This bond is issued in compliance with Section 255.05, Florida Statutes as may be amended. A claimant, except a laborer, who is not in privity with the Contractor and who has not received payment for its labor, materials, or supplies shall, within 45 days after beginning to furnish labor, materials, or supplies for the prosecution of the work, furnish the Contractor with a notice that he intends to look to the bond for protection. A claimant who is not in privity with the Contractor and who has not received payment for its labor, materials, or supplies shall, within 90 days after performance of the labor or after complete delivery of the materials or supplies, deliver to the Contractor and to the Surety written notice of the performance of the labor or delivery of the materials or supplies and the nonpayment. No action for the labor, materials, or supplies may be instituted against the Contractor or the Surety unless both notices have been given. No action shall be instituted against the Contractor or the Surety on the bond after one (1) year from the performance of the labor or completion of delivery of the materials or supplies. Boynton Beach Utilities — NE 20th Avenue Stormwater Improvement PFB- 2 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD Signed and sealed this day of 12017. Principal (Seal) Witness Title Surety Witness Attorney -in -Fact END OF PERFORMANCE BOND Boynton Beach Utilities — NE 20th Avenue Stormwater Improvement PFB- 3 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD M PAYMENT BOND THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS: that (Insert name of Contractor) as Principal, (Address or legal title of contractor) hereinafter called Principal, and (Name and address of Surety) as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF BOYNTON BEACH, P.O. BOX 310, BOYNTON BEACH, FLORIDA 33425-0310 as Obligee, hereinafter called Owner, for the use and benefit of claimants as here below defined, in the amount of Dollars ($ ), for payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated _ 2017, entered into a contract with Owner for in accordance with drawings and specifications prepared by which contract is by reference made a part of hereof, and is hereinafter referred to as the Contract. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be null Boynton Beach Utilities — NE 20th Avenue Stormwater Improvement PYB- 1 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD and void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: A claimant is defined as one having a direct contract with the Principal or with a subcontractor of the Principal for labor, material or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any claimant: a. Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: the Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which such claimant is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for when the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the State in which the aforesaid project is located, save that such service need not be made by a public officer. b. After the expiration of one (1) year following the date on which Principal ceased work on such Contract, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. c. Other than in a State Court of competent jurisdiction in and for the County or other political subdivision of the State in which the Project, or any part thereof, is situated, or in the United States District Court for the district in which the Project, or any part thereof, is situated, and not elsewhere. Boynton Beach Utilities — NE 20th Avenue Stormwater Improvement PYB- 2 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD 4. The amount of this bond shall be reduced by and to the extent of a payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics liens which may be filed of record against such improvements, whether or not claim for the amount of such lien be presented under and against this bond. 5. This bond is issued in compliance with Section 255.05, Florida Statutes, as may be amended. A claimant, except a laborer, who is not in privity with the Contractor and who has not received payment for its labor, materials, or supplies shall, within 45 days after beginning to furnish labor, materials, or supplies for the prosecution of the work, furnish the Contractor with a notice that he intends to look to the bond for protection. A claimant who is not in privity with the Contractor and who has not received payment for its labor, materials, or supplies shall, within 90 days after performance of the labor or after complete delivery of the materials or supplies, deliver to the Contractor and to the Surety written notice of the performance of the labor or delivery of the materials or supplies and the nonpayment. No action for the labor, materials, or supplies may be instituted against the Contractor or the Surety unless both notices have been given. No action shall be instituted against the Contractor or the Surety on the bond after one (1) year from the performance of the labor or completion of delivery of the materials or supplies. Signed and sealed this day of 12017. Witness Witness Principal (Seal) Surety Attorney -in -Fact END OF PAYMENT BOND Boynton Beach Utilities — NE 20th Avenue Stormwater Improvement PYB- 3 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD CITY OF BOYNTON BEACH WARRANTY OF TITLE STATE OF FLORIDA COUNTY OF , being first duly sworn, deposes and says as follows: He is (Title) of , (Name of Corporation or Firm) a Florida Corporation () Check One a Florida General Partnership () a Florida Limited Partnership () a Sole Proprietor () which is named in Construction Contract dated the day of 20 between such corporation as the CONTRACTOR and the City of Boynton Beach, Florida as the OWNER, for the construction of and Affiant is authorized to make this Affidavit as, or on behalf of, the Contractor as named above. Title to all work, materials and equipment covered by the attached Final Application for Payment dated , passes to the Owner at the time of payment free and clear of all liens, and all laborers, material men and subcontractors have been paid for performing or furnishing the work, labor or materials upon such Contract work covered by the aforesaid Final Application for Payment. This statement under oath is given in compliance with Section 713.06 Florida Statutes. Sworn to and subscribed before me this day of '2017 Notary Public, State of Florida at Large My Commission expires: (SEAL) END OF WARRANTY OF TITLE Affiant Boynton Beach Utilities —NE 20th Avenue Stormwater Improvement WT - 1 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED WITH FINAL APPLICATION FOR PAYMENT City of Boynton Beach Risk Management Department INSURANCE ADVISORY FORM Under the terms and conditions of all contracts, leases, and agreements, the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as "Certificate Holder" and "The City of Boynton Beach is Additional Insured as respect to coverages noted." Insurance companies providing insurance coverages must have a current rating by A.M. Best Co. of "B+" or higher. (NOTE: An insurance contract or binder may be accepted as proof of insurance if Certificate is provided upon selection of vendor.) The following is a list of types of insurance required of contractors, lessees, etc., and the limits required by the City: (NOTE: This list is not all inclusive, and the City reserves the right to require additional types of insurance, or to raise or lower the stated limits, based upon identified risk.) TYPE (Occurrence Based Only) MINIMUM LIMITS REQUIRED - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - General Liability - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - General Aggregate - - - - - - - - - - $ 1,000,000.00 Commercial General Liability Products-Comp/Op Agg. $ 1,000,000.00 Owners & Contractor's Protective (OCP) Personal & Adv. Injury $ 1,000,000.00 Liquor Liability Each Occurrence $ 1,000,000.00 Professional Liability Fire Damage (any one fire) $ 50,000.00 Employees & Officers Med. Expense (any one person) $ 5,000.00 Pollution Liability Asbestos Abatement Lead Abatement Broad Form Vendors Premises Operations Underground Explosion & Collapse Products Completed Operations Contractual Independent Contractors Broad Form Property Damage Fire Legal Liability ------------------------------------------------------------------------------------------------------------------------------------------- Automobile Liability Combined Single Limit $ 300,000.00 Any Auto Bodily Injury (per person) to be determined All Owned Autos Bodily Injury (per accident) to be determined Scheduled Autos Property Damage to be determined Hired Autos Trailer Interchange $ 50,000.00 Non -Owned Autos PIP Basic Intermodal - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Garage Liability - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Auto Only, Each Accident - - - - - - - - - - $ 1,000,000.00 Any Auto Other Than Auto Only $ 100,000.00 Garage Keepers Liability Each Accident $ 1,000,000.00 Aggregate $ 1,000,000.00 ------------------------------------------------------------------------------------------------------------------------------------------- Excess Liability Each Occurrence to be determined Umbrella Form Aggregate to be determined - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Worker's Compensation - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Statutory Limits Employer's Liability Each Accident $ 100,000.00 Disease, Policy Limit $ 500,000.00 Disease Each Employee $ 100,000.00 Pro pe rty Homeowners Revocable Permit Builder's Risk Other - As Risk Identified INSURANCE ADVISORY FORM $ 300,000.00 Limits based on Project Cost to be determined April 11.2O17 Ms. Angela Prymas, P.E. Gtonnwater8upemisor BoyntonBeanhUb|itieo—ChxofBoyntonBemch 124E.VVoo|bhghtRoad Boynton Beach, Florida 33435 xECom 305*44691 tel 800 Douglas Road Entrance 3054473580 mx North Tower, Second Floor Coral Gables, Florida xo1o4 www.aecom.com Re: NEo»mAvenue GtornnwaterImprovement Bid No. O1H-2821-17/TP Bid Evaluation and Contractor Recommendation Dear Ms. Prymas: In accordance with our agreement, AECOM has reviewed the bids presented at the Bid Opening at the City ofBoynton Beach onMarch 21.2O17. All bids were tabulated and reviewed for irregularities and overall bid price. It should be noted that the City requested additional information of the three lower price contractors (as reported) for past project mxpehenmaverificaUontomaaiatwiththisbid evaluation. The initial bids' review observed: The Bid Tabulation form was certified inacknowledgement ofthis review. There are several discrepancies between reported bid amounts and our tabulation. All bids were also reviewed for required documentation submittals. All bids appear tohave the required forms except one bidder. Stanford Construction did not completely sign the Bidder Site |npectionConfirmation form. In some instances, several bidders had reported unit pricing out of the mean in comparison with other bidders. From this observation, the three lowest bids were evaluated inaccordance with Instructions to Bidders page 113-3, numeral 8 and the following criteria, including but not limited to, in no particular 1. Bid price 2. Individual bid item consistency with other bidders 3. References a. Performance (tirne|ineso.quality ofwork) b. Litigation u. Financial (biUing.change orders, ebc] 4. Experience with similar projects including Local and City of Boynton experience From the criteria.Bofam Construction Company, Inc. is recommended for bid award on the referenced project by AECOM. Technical Services, Inc. P.E. 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IL> zzm_ m L 3 w ¢ U O o[ rL U w z U ~� m 00 JH U IL p S❑ Uofw W O J z w O U to O a U to O w w O w li IL U z U¢ o H to cC w IL rtj ¢tn p m o > n U '� o m 2 m U) x w w "p m m W F a a d a E m `� w O U o[ ❑ o¢ Y m U 0 W w IL 2 w O IL } J w Y w Z w w o ni t°° 3 2} m m m `= 7 o O O Z .`� o W ❑❑❑ E E ❑ Z W Q IL W H U Z U H H ❑ w W H H O Y L W x O a W it z m m m ° W CC > ¢ to O U O U O to U S U ¢ U a? Q to to o[ ¢ to CC m w to to ¢ ❑ m ¢ m O N y U U Q U .. a m Q L j V LO co LO 4- 0 LO NAME OF PROJECT - BI ` 8 -, �S iANr, MT Fill tM ARRANGE SUBMITTAL IN THE FOLLOWING ORDER: FORMIATTACHMENT DESCRIPTION PAGE NO. r BIDDER ACKNOWLEDGEMENT 1 RECEIPT OF ADDENDUM I -KICKBACK AFFIDAVIT E, , o ygement of .iP ..7 p , be -.. �� 1, ' , ' PAGES c G R Ore PAGES BID PROPOSAL 1 , ,�, ,hl� ■ s s r BID BOND r,-, QUALIFICATIONS STATEMENT ..r nsert FORWATTACHMENT DESCRIPTION PAGE NO. I -KICKBACK AFFIDAVIT s SAFETYPROGRAM COMPLIANCE STATEMENT OF NO BID if a �. ZOMPUTER GENERATED HORIZONTAL BAR CHART PROJECT i i _. w boynton Beach U911fies1, Avenue Sto.provemsnt THIS PAGE D ALONG WITH PROPOSAL,Imo. F,FOR BID PACKAGE O''. I5w1%k5,q*K5ft11161 PROJECT NAME: NE 20"' AVENUE STORMWATER IMPROVEMENTS 11j1!11jll1!11j1!11j11 jjj1::jI;j1!1I1 I IT I I nq I MUNJIVAJ -7,j 1:71163 11417A Air- 720 1 XF41WAVIA 0 1;] 161V if, k1rjr 1=114117JUZOITAVIIA01 0- 1 GLYN: I i I* -Wt%l V-0 locations and erosion control measures. 911 0 4 M 0 a 0 a W1041111, -7 Submitted Bya?XFAM I �C&t kC Date: (BIDDER) To turniSh and aeAver an matenais ana to ao and peFrZTMWTVfKK in as folkyws: w nton Beach Utilities- NE 2Dth Avenue Stormwater Improvement BF - I woy Page 367 of 585 with the CITY to perform and furnish all WORK as specified herein for the Contract Price and within the Contract Period indicated in this Bid. it. This Bid will remain subject to acceptance for ninety (90) days after the day of Bid opening. BIDDER will sign and submit the necessary documents required by the CITY within ten (10) days after the date of CITY's Award Letter. 111! 11 il I T43M =7 1 1111"! 1150TITIMMIM11 M-7 a. BIDDER has examined the Bid Documents, including the following addenda: Number Date Number Date 4 6120 7 fly k ?a7 I W17 111MITTIO 111111 and all local conditions and laws and regulaitions that in any manner may affect coK progress, performance or furnishing of the WORK. C. BIDDER has given the CITY wdtten notice of all conflicts, errors or discrepancies that it has discovered in the Bid Documents and the written resolution thereof by the CITY is acceptable to BIDDER. 4. BIDDER proposes to furnish the WORK in conformity with the drawings and specifications and at the lump sum listed below. The Bid PHces quoted have been checked and certified to be correct. Such Bid Prices are fixed and firm and shall be paid to BIDDER for the successful completion of its obligation as specified in the Bid Documents. Boynton Beach Lifilitiles- NE 20'rh Stommater Improvement Page 368 of 585 Page 370 of 585 m z 0 0 C� m a 0 a M 0 =r W @ =r * cn M to = ZA 3 CO 0 0 CD w D m w m 0) W CL 0 cri CL CO CL a 0 0 0 CD (D =3 to 0 9 CD to w fir R 0 CL CL CL Op T > CL OP CA 0 M OL m 0 0 rn 0) M Sr — a MI CL — (D CD to CD ff =r z IM 0 to -4 CD cn 0 (a 0 0 M 0 3 z LA 5,0 M Q go -to y (D P :3 CL W N m r cc B M to JMZ CL 0 m cc X !i mo cn 0 z > m 0 m :0 va 4a fA 40 40 V� 40 w m r tJ3 \X7 z 0 m m z 0 0 C� m a 0 a M 0 =r W @ =r * cn M to = ZA 3 CO 0 0 CD w D m w m 0) W CL 0 cri CL CO CL a 0 0 0 CD (D =3 to 0 9 CD to w fir R 0 CL CL CL Op T > CL OP CA 0 M OL m 0 0 rn 0) M Sr — a MI CL — (D CD to CD ff =r z IM 0 to -4 CD cn 0 (a 0 0 M 0 3 z LA 5,0 M Q go -to y (D P :3 CL W N m r cc B M to JMZ CL 0 m cc X !i mo cn 0 z > m 0 m :0 va 4a fA 40 40 V� 40 w m r tJ3 \X7 z 0 m m C) 0 w OD -4 2 0 CD co m in Im Ch -n w 0 X M -n �S, ID w r_ M r- m -0 2.5 0, 8 2. 3 co 0 ra VA =r =r =r CD 0) CD (D cn m I 9 -V 0 00 0 0 R CDW 3 =3 co to CD CD CD =r A 0 m m py 0 23 0 5' Cb 0 3 C) r_ 0 CD co CD 0 < wo-nj 0 0 m z Cj) -00 CD J3 tas 0 CD Cp 0 CD (D m 0 -4 Al CA) N3 C.) C) OD Ln uc > -n w 4W 169 ca z \0 ®r 0 469 469 40 44 -69 w 4A, 469 6 C> Page 371 of 585 9 I I age 372 of 585 M Page 373 of 585 al.r � M.��r��"�1i�:1�rh�I1�11��1I-►'�ii��1�'�'��I�. 1►a1'��i �� ►�1 ��I Au -A6wRj&( P. T NAME OF RE PRE SENTATIVE SIGNATURE F RE�PRESENTATPVE tNAME OF COMPANY DATE Page 374 of 585 Finonce/Procure entSen4ces 100 E. Boynton Beach Bout rd P. O. Box 310 er Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6310 F (561)742-6316 al.r � M.��r��"�1i�:1�rh�I1�11��1I-►'�ii��1�'�'��I�. 1►a1'��i �� ►�1 ��I Au -A6wRj&( P. T NAME OF RE PRE SENTATIVE SIGNATURE F RE�PRESENTATPVE tNAME OF COMPANY DATE Page 374 of 585 1 � � .; 1 1� � Iw 1 1 1' ' • 1 Page 375 of 585 rPhwarmsent ^ . Serrim 100E Boynton Beach Boulevard P. O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6310 FAX. (561) 742-6316 1 � � .; 1 1� � Iw 1 1 1' ' • 1 Page 375 of 585 I' - BIDDER agrees that the WORK will be substantially completed within 120 consecutive calendar days after the receipt of the Notice to Proceed and final completion will occur Within –30— consecutive calendar days after the Notice of Substantial Completion. 6. BIDDER accepts the provisions of the Contract as to liquidated damages in the event of failure t7t complete the WORK on time. License Number '6D (Please Attach Copy) C C' 6) -�C) 6 Federal Tax 1139 Federal Employment ID # c-3-c47bo Submitted on this �Lf dayof M17 A—ZGW , 20 - �-■MEMMM= % b. (if a G,bgo �Rqk. 0 0, . 5 bed 2 0. --. IOW 0 a M Aa- Boynton Beach 11011fles- NE 2& Avenue Stomwater Improvement BF - 18 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 376 of 585 UX I ="' I, E7 W -i IT, 1,40L�A7 FLORIDA II!, WE, III" and having examined the project site (when indicated in these specifications to do so), W---, propose to perform the work of this Project according to the Contract documents and th4 following addenda which we have received: iliDDENDUM NO. DATE ADDENDUM NO. DATE Hage iii of bbb k', y y*'yy�y, �ra5 �BIDDER'S QUALIFICATIONS STATEMENT 1411111111111110 ' y 2. Number of years as a Contractor in this type of work: 5. Marne, address, and telephone number of surety company and agent who will provide the required bonds on this contract: g PIGF t 6. What is the last project of this nature that you have completed? r yrnp y 7. Have you ever failed to complete work awarded to you. If so, when, where and why? THIS PAGE TO BE SUBMITTED ALONG WITH BID IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 8. Have you personally inspected the proposed WORK and do you have a complete plan for its performance? 9. List CM's or GC's your company has worked for within the past three years. (List 2 other than those shown below) (�>Conae tct -AlIL No. I ST7 Person:ANUFax CWGC Contact Tel-OU45;)- 2&-(o No. 2 AcwE&PLA7&2ATJ0A( Person. - Fax' Your $ Project Location: 114�; h0bliubcontract $ Date No. 1 C*u - LA4W Amount: Coi ited. ContractinS Contact T,'L6-S7-0-e— _6at,�. D6T4W� C#Ugaf Pei FaxAc 9va G;v. #,9 Your $ Project $Vre cation: Subcontract $ Date rlIf —P acc, 2. JI —5� to Amount: Corn.-�*Ietedi: _.. I ............ Conbacting Contact IWOV� JI(A-ffil &Abu - - rA Tel: Agqpqt� 25AACA� Fax: - - ------ -------- - ------- ---- - - - -- — ------- ------------------------ — ------------------ Your $ Project cation.- Subcontract $ M,6^ Date 113 ftt4 h&Avefffo�o In Wvi Amount: Completed: 1 MF Contractilit'' Contact Tel: Men I arl I I 11w ra ii I�I I Inglini!III III EM.-' •� *cw,- MA4 Your $ Project tion, ubcontract $ Date voI J�,ip � Contracting A tA*n( Contact MNa-r, �C��F el: ___8aenAPemon: , IkYATVRJOAv,� Your $ Project .9 Location: Subcontract $ Date No. 2 L.D19-khmat- Amount: Completed: Contracting f AJAAEPPV Contact Tel: bM 9f RY- 147( Fa)c Page 379 of 585 srrv��'I' 4 Your $ Project Locabon: cow—Ak Subcontract $ P01M Date No, 3 .1 �: 91 Oil Amount- 0011 leted- �Gontraccfing Corded Tel: ��) 07-W3Z 7, -CtC.re PLW�W- �Jr -W"�AbW Per�son tk �Fa�x 13. State the name and licensing of the individual who will have personal supervision of the WORK. C <JAf MJA� 11U11IT-WiTtolzi 4 0 - A4 DtoF __�Q7grt� FFAUM.4 ------------------------------ 18. Has -..dor any principals of the Firm failed to qualify as a responsible Bidder, refused to enter into a contract after an award has been made, failed to complete a contract during the past five (5) years, or been declared to be in default in any contract in the last five (5) years? If yes, please e)(plain below: Boynton Beach UNIftles — NE 2& Avenue Stoter Improvernent BQ-3 THIS PAGE TO BE SUBMITTED ALONG WITH BID IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 380 of 585 the Bidder, its parent or subsidiaries or predecessor organizations during the past »® (5) years. Include in the description, the disposition of each petition. � 21. Is the Bidder currently in default on any loan agreement or financing agreement with any bank, financial institution, or other entity'? If yes, specify in details the circumstances and prospects for resolution. il Bank References (include name, job title, and telephone number of contact person) — Minimum I .\'M 799--76P-b Poynton Beach WWI — NE 20.www. » a«» »»«w. e< BQ-4 THIS PAGE TO BE SUBMITTED ALONG VWTH BID IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 24Principal Materials Manufacturer and §ubcontractors. The BIDDER who proposes to perform WORK specified and shown on the Drawings is submitting this Bid Form. The Schedule of Bid Prices shown on the preceding pages(s) has been calculated and tabulated using basic material prices. The following is a list of material manufacturers and subcontractors whose materials and services such BIDDER proposes to furnish and utilize if awarded a CONTRACT for the WORK specified herein and shown on the Plans. It is understood that the following list is not complete, but includes the names of manufacturers of the principal components and subcontractors supplying principal services to such project. It is also understood that if awarded a Contract, the BIDDER will furnish the materials of the manufacturers and utilize the services of the subcontractors stated herein and that if for any reason whatsoever BIDDER wishes to substitute materials or subcontractors BIDDER shall request permission in writing from the CITY stating fully the reason for making such a request prior to ordering same. deliveries will be scheduled so as not to impede the progress of the WORK. Item -N T>GS (fftp�� .3aynton Beach Wifties — NE 20" Avenue Stomm-ster improvement BQ-5 THIS PAGE TO BE SUBMITTED ALONG VVITH BID IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE The BIDDER also acknowledges that all information listed above may be checked by the CITY and authorizes all entities or persons listed above to answer any and all questions. BIDDER hereby i-Alamnifi-m the CIW a;%l ;rereTi6s xr e;stKi"- listel 2kive 2;%f X*11 tke:Iv. X2mles% frtg from such authorization or the exercise thereof, including the diss n of information requested above. Z 92=1 Date Boynton Beach LWIffies — NE 2e Avenue 6tonnwater Improvement Btu - [ THIS PACE TO BE SUBMITTED ALONO VVITH BID IN ORDSR FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE aae 383 of 58� 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse • working3) Give each employee engaged in providing the commodities or contractual services that ar�;� under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employee that, as a condition of on - commodities or • ..servicesthat are under# the employee abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a Violation occurring in the workplace no later than days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is availablethe employee's cM by, any • who is so convicted. - a .##• faith effortT continue to maintain a • • workplace # s. implementation of this section. As the person authorized to sign the statement, I certify th this .irm complies fully with the above requirements. Venooes Signature :..,: ► ! -fi . - i f ! rage .504 OT 000 Page 385 of 585 1. Bidder shall provide a copy of the Safety •Program(s) to be in efiect for the duratior of the Contract (attach to the back of this form). QX9,M111, Ito 15 MIM, �K*TM# AQX%�� 3. The City reserves the right to terminate the Contract where it is determined that the contractor or subcontractor is in non-compliance of the safety terms, regulations or requirements established by O.S.H.A. or the State. As the person authorized to sign the statement, I certify that this firm compilee fully with the above requirements. soynton Beach Utilities — NE 20th Avenue Stormwater Improvement SPC - 1 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE aae 386 of 58� 0 WARRANTIES 14!� FLO] City of Boynton Beach, Florida: ihe work required of the Contractor in the Construcion 'Contract; and 2. That the facts stated 'in the Contractoes Bid and information given the Contractor pursuant to the request or proposal for Bids, instructions to Contractors and Specifications are true and correct in all respects; and 3. That the Contractor has read and complied with all of the requirements set forth in the request for Bids, instructions to Contractors and Specifications; and 4. That the Contractor warrants all materials supplied by it under the terms of the Construction Contract are delivered to the City of Boynton Beach, Florida, free from any security interest, and other lien, and that the Contractor is a lawful owner having the right to sell the same and will defend the conveyance to the City of Boynton Beach, Florida, against all persons claiming the whole or any part thereof; and 5. That the materials supplied to the City of Boynton Beach, Florida, under the Construction Contrac) are free from the rightful claims of any persons whomsoever, by way of patent or trademark infringement or the like; and 6. That the materials supplied under the Construction Contract are merchantable within the meaning of the Uniform Commercial Code Section 2-314; and t. That the materials supplied under the Construction Contract are free from defects in materials and workmanship under normal use and service and that any such materials found to be defectivr-- shall be replaced by the Contractor as per the attached Warranty. 8. That the materials supplied pursuant to the Construction Contract are fil: fbr the purposes for which they are intended to be used; that under normal use and maintenance the material will continue to be fit for such purposes for the warranty period after delivery, provided that the City shall give the Contractor notice that the materials failed to fulfill the warranty; such notice shall state in what respect the materials have failed to fulfill the warranty, where upon the Contractor shall be allowed a reasonable time after receipt of such notice to correct the defect and the City agrees to cooperate in this regard. If the materials cannot be made to fulfill the Contract within the warranty period the Contractor will either furnish duplicate materials, or at its option refund the amount paid, which shall constitute a settlement in full for all damages occasioned by reason at this warranty of fitness; and 9. That this Warranty is included in exposures for which the Contractor has products liability and completed operations insurance, in minimum amounts of One Hundred Thousand ($100,000.00) Dollars for property damage and Three Hundred Thousand ($300,000.00) Dollars for persona' injury as shown on the Certificates of such Insurance attached hereto, and the Contractor agrees to keep such insurance coverage during the period of this Warranty; and gig aae 1 That it is an express c! r of - -m(s) hereby warranted shall be thoseoperated and maintained by the City in accordance with the manufacturer's recommendations as to portions of ot fabricated by - Contractor, and in accordance the Contractoes recommendations,ii of - been t! '!! to the City i' Boynton -_ch should maintain complete and accurate records4!' at the time of performance of maintenance showing compliance with such instructions, and by acceptance of this Warranty, the City of Boynton Beach, Florida, agrees to present such records to the Contractor upon request in the event of - - R I" by 11. The foregoing Warranties apply as a minimum and are supplemental to other Warranties offered. They are not substituted, but in addition to, any other Warranties offered: and IN That it is agreed and understood by the Contractor that the City of BoyntM- :! enter Construction Contract•! SIGNED, sealed and delivered on thiseday of &j�* . , 2017. 1 %%�,PCT 0 C4 of SEAL ' 2002 By e•r®®. f Secretary i ! i ' ! i rage .500 OT %Dts%D The Contractor is aware that the Inspector General of Palm Beach County has the authority to jrjvamV�ke-awd aadk 04 furtherance thereof may demand and obtain records and testimony from the Contractor and its subcontractors and lower tier subcontractors. provided by law, the failure of the Contractor or its subcontractors or lower tier subcontractors io fully cooperate with the Inspector General when requested, may be deemed by the municipality to be a material breach of this contract justifying its termination. ft I" -- CONTRACTOR NAME Date, --?2L rage jbj of bbb I HEREBY CERTIFY that a meeting of the Board of Directors of e -7i ell -r - corporation under the laws of the State of held on 20 L221:, thl "RESOLVED, that as of the Corporation, is hereby authorized to execute the Bid Form dated 200 between the City of Boynton Beach, Florida, and this Corporation, and that the execution thereof, attested 111 11111 1 111.11 pill IN WITNESS WHEREOF, i have hereunto set my hand this A"day of 20 r7 Secretary STATE OF FLORIDA COUNTY OF Boynton Beach Ualffies- NE 2(P Avenue Styer Improvernent BF -20 THIS PAGE TO BE SUBMITTED ALONG VATH PROPOSAL M ORDER FOR StO PACKAZE TO BE CONSMERED COMPLETE AND ACCEPTABLE Page 390 of 585 ANTI -KICKBACK AFFIDAVIT STATE OF FLORIDA } BE COUNTY P PALM BEACH 1, ft undersignedhereby dull swom. depose and say fliat no portion of the sum herein bid will be id to any employees of the City of Boynton Beach as a commission, kickback, reward of gfft, direMy or indirectly r any member r by ars officer of the Corporation. Es NAME - SIGNATURE Swom and a scrip re e this day of 61epvd-, 20 /,P! VALERIE BROWN MY COMMISSION wig ka!"'Im Ig W14;0, go EMIRES July L 2017 "OFFICIAL NOTARY SEA[: STAMP Boynton Bwch UNI "w — NE 2& Avenue Stamwater Improvemea AKA -1 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR MD PACKAGE T Page 391 of 585 IVN State of County Of - 66A -C-0- Page 392 of 585 6MAZIMV 97, AarN IVNV I �. 4576 EMERALD VISTA WORTHK 2011 LAKE the Departmenfs initiatives. our mission at the Department is: License Efficiently, Regulate Fairly. We constantly strive to serve you better so that you can serve your customers. Thankyou for doing business Florida, and congratulations on your new license! I -111 rdg alEc l � e # 0 E*mfian date : AUG 31, 2018 STATE OF FLORIDA DEPARTMENT OF BUSINESS C CONSTRUCTION INDUSTRY LICENSING 4576 EMERALD #K2011 LAKE WORTH FL 33461 aa�(� 393 of 585 ISSUED: 0510512016DISPLAYAREQUIREDY LAW Q 8 ONL16050pA Bond# L X297961 0 BID BOND STATE F FLORIDA COUNTY OF PALM BEACH *=*1 rimim 11!L -W as Principal, and Lexon Insurance Company as.Surety, authorized to do �00 No(s llars O-00 lawful money of the United States, for ft payment of which sum will 2nd truly to be made, we bond ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION 118 SUCH, that whereas the Principal has A. if the principal shall not withdraw such Bid within ninety (90) days after date of opening of the same, and shall within ten (10) days after the prescribed forms are presented to the principal for signature, enter into a written Contract with the Owner in accordance with the Bid as accepted, and give bonds With goods and sufficient surety or sureties, as may be required, for the faithful performance and proper fulfillment of such Contract, then the above obligations- shall be void and of no effect, otherwise to remain in full force and effect. the event of the withdrawal of such Bid within the period specified, or the failure to enter into such Contract and give such bonds within the time specified, if the principal shall pay the Owner the difference between the amount specified in such Bid and the amount for which the Owner may procure the required work and supplies, if the latter amount be in excess of the former then the above obligation's shall be void and of no effect, otherwise to remain in full force and C. This bond is given to comply with Section 255.05 Florida Statutes, and any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05 (2), Florida Statutes. WACiAkoil Page 394 of 585 IN WITNESS WHEREOF, the above bounded parties Pave executed this instument under their several seals, this 20th day of March ---------------- ; 2Q_17, being hereto affixed and ffirli�k 1??41ALrTA ",g IL�*Awlf 1551,11COWAMAIT791" �-R J --UM zg Name of Firm 0 0 % ft WITNESS' 4 �z MCMMM�� Gbolahan A. Akinrin, President Title 1600 NW 3rd Ave.,. Bldg. D4 OEM City and State Boynton Bearh LM11fies- NE 2e Avenue Stormwater ImPrOvemeint BE3,2 THIS PAGE TO BE SUBMITTED ALONG VATH PROPOSAL LUM Lexon Insurance Company Corporate Surety r WrrNESS, 101 ?a 40forney-in-Fact (affbc seaO Bufto Hqjrj% Attorney -In -Fact & Fla. Resident Ages t# A111 3 10131 S.W. 40th St. Business Address UNIT M-1 Security Bond Associates, Inc. Name of Local Insurance Agency ZZ, Page 396 of 585 M 4 Z4 1111 01 WIN # r _ f certify- Secretary of Corporation named as Principal in the within bond, that Bofarn Construction Company, Inc. who signed the such Bid Bond on behalf : of the Phricipal, was then of such Corporation; that I know his signatuN.0 I i4 � � 4ure hereto is genuine,! that such bond was duly signed, sealed, a*ti mit ,�- ♦ � i # 2002 Z- behalf STATE OF FLORIDA } COUNTY OF PALM BEACH 1. Before me, a Notary Public duly commissioned, qualified and acting, personally appeared Burton Harris- to me well known, who being by me first duly sworn upon oath, says that he is the Attomey-in-FaGt, - for the Lexon Insurance Company to execute the foregoing bond on behalf of the Boynton Bmch Utliffies- NE # Avenue Stoffnwater Impro'vernent THIS PAGE TO BE ! ALONG WITH PROPOSAL CO: CITY OF BOYNTON BEACH COMMISSIONER311 RE: Bid Number: 019-2821-17fTP named above, 1. Holds a certificate of authority authorizing it to write surety bonds in the state of Florida, 2. Has twice the minimum surplus and capital required by the Florida Insurance Code, and 3. Holds a current valid certificate of authority iss ued by the United States Department of Treasury under Sections 9304 to 9308 of Title 31 of the United S:).Wes Code -- March 20, 2017 Datet nt and Attomeon-Fact a tto I A & Fla. Resident Agent# All 1883 111 is 9 4 wF-,Iw-*J 1 1 1 � Page 398 of 585 KNOW ALL MEN BY THESE PRESENTS, that LEXON INSURANCE COMPANY, a Texas Corporation, with its principal office in Louisville, Kentucky, does hereby constitute and appoint: Burton Harris, Christine Harris, Marina Ramil, Odalis Cabrera its true and lawful Attorney(s�ln-Fact to make, execute, seal and deliver for, and on its behalf as surety, any and ail bonds, undertakings I or other writings obligatory in nature of a bond. This authority is made under and by the authority of a resolution which was passed by the Bidard of Directors of LEXON INSURANCE Ip 1:�;ArIAll�',.t,-M7--w,4-ICINMRM7,46!1!MMM=-: Resolved, that the President of the Company is hereby authorized to appoint and empower any representative of the Company or other cute on behalf of the Company any bonds, undertakings, policies, contra cts of indemnity or other 0rV Tr n I -I 1 4 . 1 4 * . - M" IfiWaim I& a4g*11114161111ing 7,7,Q"1*711 U ]IV 111 Company. Any Attorney -In -Fact, so appointed, maybe removea tor goou caube kul 110 the Power of Attorney. Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney gi�mtecL and the sl nature of the Assistant Secretary, and the seal of the Company may be affixed by facsimile to any certificate of any such TVF, such power and any such power or certificate bearing sucMacsimim-519MIM -F power so executed and sealed and certificate so executed and sealed shall, with respect to any bond of undertaking to which it is attacbed, continue to be it and binding on the Company. IN WITNESS THEREOF, LEXON INSURANCE COMPANY has caused this instrument to be signed by its President, and its Corporate Seal to be affixed this 5th day of August, 2015. BY DaNd E!Campbell—" President • MMW Is Z I I --- that he is the President of LEXON INSURANCE GO executed said instrument on behalf of the corporation by authority of his office under the BY -laws of said corporation. `ra\``pf1pipf"'o AMY TAYLOR S Notary Public- State of Tennessee S Davidson County mv Commission EXD!reS 07-08-19 CERTIFICATE that the original Power of Attorney of which the forgoing is a true and corre ]b resolutions as set forth are now in force - BY AMY;ak N r'. I P, Signed and Seal at Mount Juliet, Tennessee this 2D _Dayof !LI-rch, 20 17 Lh BY -Z�Andrew Smith �� Assistant Secretary "WARM". AWY 9 qn3!%V7AUM7W71r--Mqraud anC, insurance company or other person, files and application for Insurance of Z - pog any fact ma%-r1-8r7ffG-MD, claim containing any materially false information, or conceals for the purse of misleading, information concernin commits a fraudulent insurance act, which Is a crime and subjects such person to criminal and civil penalfies." 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REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R17-048 - Award to the lowest pre -qualified bidder, (based on RFQ # 057-2821-16/TP) Insituform Technologies, LLC., as determined by review of bids submitted on April 10, 2017, resulting from the responses to the Request for Bids for Cured -in -Place Pipe Lining, (Bid No. ITB 01- CIPP-17/TP) and authorize City Manager to sign contract in the amount of $138,190.30 for the duration of the project based on unit costs provided by I nsituform Technologies, LLC. in their respective Bid. EXPLANATION OF REQUEST: On January 17, 2017, the Commission approved a list of three (3) pre -qualified contractors to perform Cured - In -Place Pipe (CIPP) Lining as a result of RFQ #057-2821-16/TP. The intent is that when utilities has a CIPP project a bid will be sent to the 3 pre -qualified contractors and ask them to submit bids from which one will be recommended to be awarded the contract. A Request for Bids (the first of several planned) was issued for experienced pre -qualified Contracting Firms to submit line item pricing to perform Cured -in -Place Pipe Lining (CIPP) of sewer mains. CIPP lining is a trenchless method of placing a flexible lining into an existing pipe and utilizing heat and pressure to expand and cure the lining. The new Cl PP lining will eliminate groundwater inflow and infiltration at old existing pipe joints. Leaking pipe joints would potentially carry soil material surrounding the joint which may cause depressions in roadway. The Scope of Work detailed in the request for Bid includes the following general items: ■ Task 1 — Pre -lining cleaning and video inspection ■ Task 2 — Bypass pumping and maintenance of traffic ■ Task 3 — Pipe lining and sewer service reconnections ■ Task 4 — Post -lining video inspection The selected Contractor will furnish all labor, materials, equipment, incidentals and appurtenances to complete the defined Work as outlined in the Contract Documents. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This approval will allow the City Manager or designee to sign a contract with Insituform Technologies, LLC. based on the unit costs provided by Insituform in their Bid to perform cured -in-place sewer pipe lining. Sewer pipe lining will reduce the need for increased treatment capacity by reducing the infiltration of groundwater into our sewer collection system. FISCAL IMPACT: Budgeted The fiscal impact as a result of this approval and subsequent PO's is included in the current and proposed Utility budget. Funds for this repair service are available from the Utilities account number 403-5000-535-65- 04. Page 401 of 585 ALTERNATIVES: Not approve of the recommended contractor as provided and request that a new Bid for CIPP Lining be advertised. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: CONTRACTS VENDOR NAME: Insituform Technologies, LLC. START DATE: 6/5/2017 END DATE: 9/3/2017 CONTRACT VALUE: $138,190.30 MINORITYOWNED CONTRACTOR?: No EXTENSION AVAILABLE?: Yes EXTENSION EXPLANATION: E)densions may be provided for unforeseen conditions and natural disasters. ATTACHMENTS: Type Mb 0 0 1111110-17M M W D Addendum D Bid Description Resolution awarding bid and Contract to I nsituform Technologies for Cured -in -Place Pipe Lining contract Page 402 of 585 D Addendum D Addendum REVIEWERS: Department Utilities Finance Legal City Manager I nsituform Proposal Reviewer Action Pigott, Bevis Approved Howard, Tim Approved Swanson, Lynn Approved LaVerriere, Lori Approved D ate 5/9/2017 ® 4:57 PM 5/9/2017 ® 6:19 PM 5/11/2017 ® 11:35 AM 5/11/2017 ® 1:00 PM Page 403 of 585 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. R17 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AN AWARD OF BID AND AUTHORIZING THE CITY MANAGER TO SIGN A CONTRACT WITH INSITUFORM TECHNOLOGIES, LLC., AS DETERMINED BY REVIEW OF BIDS SUBMITTED IN RESPONSE TO ITB 01-CIPP-17/TP FOR "CURED -IN-PLACE PIPE LINING" IN THE AMOUNT OF $138,190.30; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on January 17, 2017, the City Commission approved a list of three (3) pre -qualified contractors to perform Cured -In -Place Pip (CIDP) Lining as a result of RFQ #057-2821-16/TP so that when Utilities has a CIPP project a bid will be sent to the 3 pre -qualified contractors and ask them to submit bids from which one will be recommended to be awarded the contract; and WHEREAS, staff reviewed the bid proposals and it was determined that Insituform Technologies, LLC was the lowest, pre -qualified 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 ITB 01-CIPP-17/TP for Cured -In -Place Pipe Lining in the amount of $138,190.30 and authorize the City Manager to sign a Contract with Insituform Technologies, LLC. 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\BB588005-3A05-41C9-842B-EC98B2EF57B9\Boynton Beach. 5551.LAward Bid and Contract to_Insituform _Technologies _for _Cured _ In Place_ Pipe_Lining -_Reso.doc -1- Page 404 of 585 29 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 30 approves the award ITB 01-CIPP-17/TP for Cured -In -Place Pipe Lining in the amount of 31 $138,190.30 and authorize the City Manager to sign a Contract with Insituform Technologies, 32 LLC., a copy of which is attached hereto as Exhibit "A". 33 Section 3. That this Resolution shall become effective immediately. 34 PASSED AND ADOPTED this day of 2017. 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 ATTEST: 51 52 53 54 Judith A. Pyle, CMC 55 City Clerk 56 57 58 (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Justin Katz Commissioner — Mack McCray Commissioner — Christina L. Romelus Commissioner — Joe Casello VOTE YES NO C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\BB588005-3A05-41C9-842B-EC98B2EF57B9\Boynton Beach. 5551.1.Award Bid and Contract to_Insituform_Technologies _for _Cured_In_Place_Pipe_Lining_-_Reso.doc -2- Page 405 of 585 CURED -IN-PLACE PIPE LINING (CIPP) Phase 5.1 RFQ No..: 057-2821-16/TP ITB 01-CIPP-17/TP CONSTRUCTION CONTRACT THIS AGREEMENT is entered into between the CITY OF BOYNTON BEACH, a municipal corporation, hereinafter referred to as "CITY", and Insituform Technologies, LLC, a corporation authorized to do business in the State of Florida, hereinafter referred to as the "CONTRACTOR". WHEREAS, the CITY has awarded to the CONTRACTOR the work of performing certain construction services. WHEREAS, at its meeting of May 16, 2017, by Resolution No.: , the CITY Commission authorized the proper CITY officials to execute this Contract hereinafter referred to as Contract No.: ITB 01-CIPP-17/TP, and; NOW, THEREFORE, CITY and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. SCOPE OF WORK. CONTRACTOR shall furnish all plant, labor, materials, and equipment and perform all the necessary WORK in the manner and form provided in the Contract Documents entitled: CURED -IN-PLACE PIPE LINING (CIPP) Phase 6.1 RFQ No 067-2821-16/TP, ITB 01-CIPP-17/TP. Article 2. CONTRACT TIME; LIQUIDATED DAMAGES. 2.1 The WORK will be substantially completed within 76 calendar days from the date when the Contract Time commences to run as provided in paragraph 2.3 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.9 of the General Conditions within 16 calendar days from the date of Substantial Completion. 2.2 Liquidated Damages. The CITY and CONTRACTOR recognize and acknowledge that time is of the essence of this Contract and that the CITY will suffer financial loss if the WORK is not completed within the times specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. Each of the parties acknowledges that it has attempted to quantify the damages which would be suffered by the CITY in the event of the failure of CONTRACTOR to perform in a timely manner, but neither one has been capable of ascertaining such damages with a certainty. CITY and CONTRACTOR also recognize and acknowledge the delays, expense and difficulties involved in proving in a legal preceding the actual loss suffered Boynton Beach Utilities — Cured -In Place Pipe Lining (CIPP) Phase 5.1 C-1 ITB 01-CIPP-17/TP Revised 5/9/2017 by the CITY if the WORK is not completed on time. Accordingly, instead of requiring any such proof, the CITY and 2.3 CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay the CITY, FIVE HUNDRED Dollars ($500.00) for each day that expires after the time specified in paragraphs 3.1 for substantial completion until the WORK is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining WORK within the Contract Time or any proper extension thereof granted by the CITY, CONTRACTOR shall pay CITY, ONE HUNDRED TWENTY-FIVE Dollars ($125.00) for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. Article 3. CONTRACT PRICE. CITY shall pay CONTRACTOR, for faithful performance of the Contract, in lawful money of the United States of America, and subject to the additions and deductions as provided in the Contract Documents, a total sum as follows: Based on the Contract prices shown in the Bid Form submitted to the CITY as subsequently revised and as stated herein, a copy of such Bid Form being a part of the Contract Documents, the aggregate amount of this Contract (obtained from either the lump sum price, the application of unit prices to the quantities shown in the Bid Form or the combination of both) not to exceed: ONE THOUSAND THIRTY EIGHT, ONE HUNDRED NINETY DOLLARS AND THIRTY CENTS (Written) $138,190.30 Article 4. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. CITY will process Applications for Payment as provided in the General Conditions. 4.1 Progress Payments. CONTRACT may submit an Application for Payment as recommended by CONSULTANT, for WORK completed during the Project at intervals of not more than once a month. All progress payments will be on the basis of the progress of WORK measured by the schedule of values established in Paragraph 2.9.1 of the General Conditions and in the case of Unit Price Work based on the number of units completed or, in the event there is no schedule of values, as provided in the General Requirements. Prior to Substantial Completion progress payments will be made in an amount equal to 90% of WORK completed, but, in each case, less the aggregate of payments previously made and less such amounts as CONSULTANT shall determine, or CITY may withhold, in accordance with paragraph 14.5 of the General Conditions. CONTRACTOR shall submit with each Application for Payment, and updated progress schedule acceptable to the CITY and a Warranty of Title/release of liens relative to the Work that is the subject of the Application. Each Application for Payment shall be submitted to the CITY for approval. The CITY shall make payment to the CONTRACTOR within thirty (30) days after approval by the CITY of CONTRACTOR'S Application for Payment and submission of an acceptable updated progress schedule. 4.2 Ten percent (10) of all monies earned by the CONTRACTOR shall be retained by CITY until Boynton Beach Utilities — Cured -In Place Pipe Lining (CI PP) Phase 5.1 C-2 ITB 01 -CIPP-1 7/TP Revised 5/9/2017 completion of the construction services. 4.3 The CITY may withhold, in whole or in part, payment to such extent as may be necessary to protect itself from loss on account of: 4.3.1 Defective Work not remedied. 4.3.2 Claims filed or reasonable evidence indicating probable filing of claims by other parties against CONTRACTOR. 4.3.3 Failure of CONTRACTOR to make payments properly to SUBCONTRACTORS or for material or labor. 4.3.4 Damage to another CONTRACTOR not remedied. 4.3.5 Liquidated damages and costs incurred by the CITY for extended construction administration. When the above grounds are removed or resolved or CONTRACTOR provides a surety bond or consent of Surety, satisfactory to the CITY, which will protect the CITY in the amount withheld, payment may be made in whole or in part. 4.4 Final Payment. Upon final completion and acceptance of the WORK in accordance with paragraph 14.10 of the General Conditions, CITY shall pay the remainder of the Contract Price as recommended by CONSULTANT as provided in paragraph 14.10. Article 5. CONTRACTOR GUARANTEE. CONTRACTOR warrants all work, materials and equipment shall be free from damages and/or defects owing to faulty materials or workmanship for a period of one (1) year after completion of the WORK covered by this Contract. The CONTRACTOR, free of all costs to the CITY, shall replace any part of the equipment, materials, or work included in this Contract, which proves to be defective by reason of faulty materials, damages, and/or workmanship within twelve (12) month period. I_1iMrx: welel►kI:L[eli11•191111J1=1►h The Documents hereinafter listed shall form the Contract and they are as fully a part of the Contract as if attached hereto: 6.1 Invitation to Bid 6.2 Instructions to Bidders 6.3 Bid Forms (including the Bid, Bid Schedule(s), Information Required of Bidder, Approved Bid Bond, and all required certificates, affidavits and other documentation) 6.3 Contract 6.4 Contractor's Performance and Payment Bond 6.5 General Conditions 6.6 Special Conditions 6.7 Technical Specifications 6.8 Drawings entitled: Attachment "C", Cured -In -Place Pipe Lining (CIPP) Phase 5.1 6.9 Addendum No. 1 Dated March 27, 2017. 6.10 Addendum No. 2 Date March 31, 2017. Boynton Beach Utilities — Cured -In Place Pipe Lining (CI PP) Phase 5.1 C-3 ITB 01 -CIPP-1 7/TP Revised 5/9/2017 ARTICLE 7. NOTICE: All notices required in this Contract shall be sent by certified mail, return receipt requested and if sent to the CITY shall be mailed to: City of Boynton Beach Attn: Joseph Paterniti, Operation Field Manager 124 E. Woolbright Road Boynton Beach, FL 33435 Tel (561) 742 - 6423 And if sent to the CONTRACTOR shall be mailed to: Article 8. INDEMNITY. Copy to: Procurement Services Division Attn: Director of Finance City of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach FL 33425 Tel (661) 742-6311 Fax (561) 742-6322 CONTRACTOR; Insituform Technologies, LLC ADDRESS: 17988 Edison Avenue CITY/STATE/ZIP: Chesterfield, MO 63005 Attn: Diane Partridge, Contracting and Attesting Officer Tel: (636) 530-8000 Fax: (636) 530-8701 In consideration of Twenty -Five Dollars ($25.00) in hand paid and other valuable consideration, receipt of which is hereby acknowledged, CONTRACTOR agrees to defend, indemnify and hold harmless the CITY, its agents and employees, in accordance with paragraph 6.17 of the General Conditions which is incorporated herein and made a part hereof as if fully set forth herein. It is the specific intent of the parties hereto that the foregoing indemnification complies with Florida Statutes 725.06. It is further the specific intent and agreement of said parties that all of the Contract Documents on this Project are hereby amended to include the foregoing indemnification and the Specific Consideration. Article 9. REIMBURSEMENT OF CONSULTANT EXPENSES. Should the completion of this Contract be delayed beyond the specified or adjusted time limit, CONTRACTOR shall reimburse the CITY for all expenses of consulting and inspection incurred by the CITY during the period between said specified or adjusted time and the actual date of final completion. All such expenses for consulting and inspection incurred by the CITY will be charged to CONTRACTOR and be deducted from payments due CONTRACTOR as provided by this Contract. Said expenses shall be further defined as CONSULTANT charges associated with the construction contract administration, including resident project representative costs. Article 10. FLORIDA'S PUBLIC RECORDS LAW. The City is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: 10.1 Keep and maintain public records required by the CITY to perform the service; 10.2 Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statue or as otherwise provided by law; 10.3 Ensure that public records that are exempt or that are confidential and exempt from public Boynton Beach Utilities — Cured -In Place Pipe Lining (Cl PP) Phase 5.1 C-4 ITB 01 -CIPP-1 7/TP Revised 5/9/2017 record disclosure requirements are not disclosed except as authorized by law for the duration of the contact term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the City; and, 10.4 Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor's possession. All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. 10.5 IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: JUDY PYLE, CITY CLERK 100 E. BOYNTON BEACH BOULEVARD. BOYNTON BEACH, FLORIDA, 33435. 561-742-6061. PYLEJ@BBFL.US Article 11. MISCELLANEOUS. 11.1 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 11.2 CITY and CONTRACTOR each binds itself, their partners, successors, assigns and legal representatives to the other party hereto, their partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. Boynton Beach Utilities — Cured -In Place Pipe Lining (CI PP) Phase 5.1 C-5 ITB 01 -CIPP-1 7/TP Revised 5/9/2017 IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and year set forth below their respective signatures. 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 12017. CITY OF BOYNTON BEACH Lori LaVerriere, City Manager Attest/Authenticated: Judy Pyle, City Clerk Approved as to Form: James A. Cherof, City Attorney CONTRACTOR Name Title (Corporate Seal) Attest/Authenticated: Secretary Boynton Beach Utilities — Cured -In Place Pipe Lining (CI PP) Phase 5.1 C-6 ITB 01 -CIPP-1 7/TP Revised 5/9/2017 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: that (Insert name of Contractor) as Principal, (Address or legal title of Contractor) hereinafter called Contractor, and (Name and address of Surety) as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF BOYNTON BEACH, P.O. BOX 310, BOYNTON BEACH, FLORIDA 33425-0310 as Obligee, hereinafter called Owner, in the amount of Dollars ($ ), for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated 120 , entered into a contract with Owner for in accordance with drawings and specifications prepared by which contract is by reference made a part of hereof, and is hereinafter referred to as the Contract. Boynton Beach Utilities — Cured -In Place Pipe Lining (CI PP) PFB- 1 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD NOW THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform such Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 1. Complete the Contract in accordance with its terms and conditions, or 2. Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the most responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the most responsible bidder, arrange for a contract between such bidder and Owner, and make available as work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price", as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of one (1) year from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of the Owner. This bond is issued in compliance with Section 255.05, Florida Statutes as may be amended. A claimant, except a laborer, who is not in privity with the Contractor and who has not received payment for its labor, materials, or supplies shall, within 45 days after beginning to furnish labor, materials, or supplies for the prosecution of the work, furnish the Contractor with a notice that he intends to look to the bond for protection. A claimant who is not in privity with the Contractor and who has not received payment for its labor, materials, or supplies shall, within 90 days after performance of the labor or after complete delivery of the materials or supplies, deliver to the Contractor and to the Surety written notice of the performance of the labor or delivery of the materials or supplies and the nonpayment. No action for the labor, materials, or supplies may be instituted against the Contractor or the Surety unless both notices have been given. No action shall be instituted against the Contractor or the Surety on the bond after one (1) year from the performance of the labor or completion of delivery of the materials or supplies. Boynton Beach Utilities — Cured -In Place Pipe Lining (CIPP) PFB- 2 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD Signed and sealed this day of 12017. Witness Witness Principal (Seal) Title Surety Attorney -in -Fact END OF PERFORMANCE BOND Boynton Beach Utilities — Cured -In Place Pipe Lining (CIPP) PFB- 3 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD PAYMENT BOND THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS: that (Insert name of Contractor) as Principal, (Address or legal title of contractor) hereinafter called Principal, and (Name and address of Surety) as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF BOYNTON BEACH, P.O. BOX 310, BOYNTON BEACH, FLORIDA 33425-0310 as Obligee, hereinafter called Owner, for the use and benefit of claimants as here below defined, in the amount of Dollars ($ ), for payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated _ 2017, entered into a contract with Owner for In accordance with drawings and specifications prepared by which contract is by reference made a part of hereof, and is hereinafter referred to as the Contract. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: Boynton Beach Utilities — Cured -In Place Pipe Lining (CI PP) PYB- 1 THIS FORM SHALL BE EXECUTEDY CONTRACTOR AND SUBMITTED T AWARD A claimant is defined as one having a direct contract with the Principal or with a subcontractor of the Principal for labor, material or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any claimant: a. Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: the Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which such claimant is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for when the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the State in which the aforesaid project is located, save that such service need not be made by a public officer. b. After the expiration of one (1) year following the date on which Principal ceased work on such Contract, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. c. Other than in a State Court of competent jurisdiction in and for the County or other political subdivision of the State in which the Project, or any part thereof, is situated, or in the United States District Court for the district in which the Project, or any part thereof, is situated, and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of a payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics liens which may be filed of record against such improvements, whether or not claim for the amount of such lien be presented under and against this bond. 5. This bond is issued in compliance with Section 255.05, Florida Statutes, as may be amended. A claimant, except a laborer, who is not in privity with the Contractor and who has not received payment for its labor, materials, or supplies shall, within 45 days after beginning to furnish labor, materials, or supplies for the prosecution of the work, furnish the Contractor with a notice that he intends to look to the bond for protection. A claimant who is not in privity with the Contractor and who has not received payment for its labor, materials, or supplies shall, within 90 days after performance of the labor or after complete delivery of Boynton Beach Utilities — Cured -In Place Pipe Lining (Cl PP) PYB- 2 THIS FORM SHALL BE EXECUTEDY CONTRACTOR AND SUBMITTED T AWARD the materials or supplies, deliver to the Contractor and to the Surety written notice of the performance of the labor or delivery of the materials or supplies and the nonpayment. No action for the labor, materials, or supplies may be instituted against the Contractor or the Surety unless both notices have been given. No action shall be instituted against the Contractor or the Surety on the bond after one (1) year from the performance of the labor or completion of delivery of the materials or supplies. Signed and sealed this day of 12017. Principal (Seal) Witness Surety Witness Attorney-in-Fact END OF PAYMENT BOND Boynton Beach Utilities — Cured-In Place Pipe Lining (CI PP) PYB- 3 THIS FORM SHALL BE EXECUTEDY CONTRACTOR AND SUBMITTED T AWARD STATE OF FLORIDA COUNTY OF as follows: He is (Title) , being first duly sworn, deposes and says of , (Name of Corporation or Firm) a Florida Corporation a Florida General Partnership a Florida Limited Partnership a Sole Proprietor () Check One which is named in Construction Contract dated the day of 20 between such corporation as the CONTRACTOR and the City of Boynton Beach, Florida as the OWNER, for the construction of and Affiant is authorized to make this Affidavit as, or on behalf of, the Contractor as named above. Title to all work, materials and equipment covered by the attached Final Application for Payment dated , passes to the Owner at the time of payment free and clear of all liens, and all laborers, material men and subcontractors have been paid for performing or furnishing the work, labor or materials upon such Contract work covered by the aforesaid Final Application for Payment. This statement under oath is given in compliance with Section 713.06 Florida Statutes. Sworn to and subscribed before me this day of '2017 Notary Public, State of Florida at Large My Commission expires: (SEAL) END OF WARRANTY OF TITLE Affiant Boynton Beach Utilities — Cured -In Place Pipe Lining (CI PP) WT -1 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD City of Boynton Beach Risk Management Department INSURANCE ADVISORY FORM Under the terms and conditions of all contracts, leases, and agreements, the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as "Certificate Holder" and "The City of Boynton Beach is Additional Insured as respect to coverages noted." Insurance companies providing insurance coverages must have a current rating by A.M. Best Co. of "B+" or higher. (NOTE: An insurance contract or binder may be accepted as proof of insurance if Certificate is provided upon selection of vendor.) The following is a list of types of insurance required of contractors, lessees, etc., and the limits required by the City: (NOTE: This list is not all inclusive, and the City reserves the right to require additional types of insurance, or to raise or lower the stated limits, based upon identified risk.) TYPE (Occurrence Based Only) MINIMUM LIMITS REQUIRED General Liability General Aggregate $ 1,000,000.00 Commercial General Liability Products-Comp/Op Agg. $ 1,000,000.00 Owners & Contractor's Protective (OCP) Personal & Adv. Injury $ 1,000,000.00 Liquor Liability Each Occurrence $ 1,000,000.00 Professional Liability Fire Damage (any one fire) $ 50,000.00 Employees & Officers Med. Expense (any one person) $ 5,000.00 Pollution Liability Asbestos Abatement Lead Abatement Broad Form Vendors Premises Operations Underground Explosion & Collapse Products Completed Operations Contractual Independent Contractors Broad Form Property Damage Fire Legal Liability ------------------------------------------------------------------------------------------------------------------------------------------- Automobile Liability Combined Single Limit $ 300,000.00 Any Auto Bodily Injury (per person) to be determined All Owned Autos Bodily Injury (per accident) to be determined Scheduled Autos Property Damage to be determined Hired Autos Trailer Interchange $ 50,000.00 Non -Owned Autos PIP Basic Intermodal ------------------------------------------------------------------------------------------------------------------------------------------- Garage Liability Auto Only, Each Accident $ 1,000,000.00 Any Auto Other Than Auto Only $ 100,000.00 Garage Keepers Liability Each Accident $ 1,000,000.00 ------------------------------------------------------------------------------------------------------------------------------------------- Aggregate $ 1,000,000.00 Excess Liability Each Occurrence to be determined Umbrella Form Aggregate to be determined ------------------------------------------------------------------------------------------------------------------------------------------- Worker's Compensation Statutory Limits Employer's Liability Each Accident $ 100,000.00 Disease, Policy Limit $ 500,000.00 ------------------------------------------------------------------------------------------------------------------------------------------- Disease Each Employee $ 100,000.00 Property Homeowners Revocable Permit $ 300,000.00 Builder's Risk Limits based on Project Cost ------------------------------------------------------------------------------------------------------------------------------------------- Other - As Risk Identified to be determined INSURANCE ADVISORY FORM REQUEST FOR QUALIFICATION (RFQ) Cured -In -Place Pipe Lining (CIPP) `Offers from the wndors II NNI herein are the aniy affers BID OPENING DATE: 4110/2017 received timely as of Me above receiving dale and time RFQOPENINGTIME: 2:30P.M. All Mar offiare submitted in response to this adickadon. BID No.: IT 01-CIPP-17/TP Of any, are hereW rejeciaw as late, VENDORS - Inslukem Technologies, LLC LanloTrenchless Techno"les South �125 Sa, k Constmerkm, LLC 17WB Edison Avenue SW 5th Curt 864 Hoff Road ChsAwfloid. MO 63005 IO rt Coach, FL 33441 0'Fallan, MO SM Contact Chr I&V super &John Tucker Contact Kevin PwAowski A CLO Waring Cola= Tarry Addedrold Phom M530 -Woo phane: 954-973-9700 Phone: 636-3145-1000 Ernall: ckalleniRnionzorn; Ellia lora. Errml: keWnp@Ian zo,qffl; curkn@Nrom, Email. bled k�xorn SCHEDULE OF BID ITEMS $138,190.30 $170,471 ZO (S-Ubm!Red) $172,178.85 $'17'2176.2 (Consichodcalcufa KL�� ADDENDUM NO I YES YESYES ADDENDUM NO 2 YES YES YES ANTI -KICKBACK AFFIDAVIT YES YES YES (States Missouri) NON FIDAVIT OF RESPONDENT YES YES YES RFQ DOCUMENTS SUBMITTALS Original (1) YES YES YES SCHEDULE OF SURCO CTO6 YES (2) YES (2) YES (1) STATEMENT OF NO BID NIA NIA N/A STATE OF FL BUSINE55 LICENSE S YES YES LIST OF COMPLETED FEW YES YES LIST OF EQUIPMENTS ---YES S RESUME OF QUAWICATIONS YES SUGGESTED SPECIFICAll FCR CIPP S CERTIFICATE OF LIABILITY INSURANCE YES Cured In Place Pipe Lining (CIPP) RFQ 057-2821-16TP IT13 01-CIPP-17TP Opening Tab Sheets (1) Page 420 of 585 'I I WJ MOM ,,,m Technorogles, I -I -C Edison Avenue -f wldMO if 'Offers from the vandom mew herein are the ank oft. received timely as of the above Foodving date and urno. AJI Omer offam submimed In response to INS scdjdwsw luny, SM herehy rejectoo w I&W ,* Trenchlow Technologies South Sak Cormtuctlon, LI.C. SIM ft Court I M Hoff Road r1eld Becon. Fl. 3M41 O'Fallon. MO 63366 wt Kevin PaMomk & Curt maing 954-97M700 Cured In Plaoe Pipe Lining (CIPP) RFO 057-2821-16TP ITB 01-CIPP-MP Opening Tab Sheets (1) Page 421 of 585 V I 74TIM-Al Phase 5.1 RFQ No.: 057-2821-16/2P 10730OWN-VAUTEG I latNIFIAN-9 too I I $±+2± Diane Partridge, Contracting and Attesting officer rimms of - 11004 - NAME OF COMPANY WORM - Page 422 0 585 The City of Bo - c .vnton Beah ACKNOVMEDGEMENT OF ENR-UMNo. 2 "CURED -IN-PLACE PIPE LINING (CIPP)" Phase 5.1 RFQ No.: 057-2821-16/TP 14KINS1101 a] A al. UL41 I] LTIJ a Rr" 1=1 NA wMaral rd Q'IRM tl'& Diane Partridge, Contracting and Attesting Officer Insitufbrrn Technologies, LLC NAME OF COMPMNY March 31, 2017 DATE Page 423 0 585 Procurement Services 4f» Boynton Beach Boulevard 4D P. a Box 310 Boynton Beach, Florida 33425-0310 Telephone. (561) 742-6310 FAX- «£,»»6 a ACKNOVMEDGEMENT OF ENR-UMNo. 2 "CURED -IN-PLACE PIPE LINING (CIPP)" Phase 5.1 RFQ No.: 057-2821-16/TP 14KINS1101 a] A al. UL41 I] LTIJ a Rr" 1=1 NA wMaral rd Q'IRM tl'& Diane Partridge, Contracting and Attesting Officer Insitufbrrn Technologies, LLC NAME OF COMPMNY March 31, 2017 DATE Page 423 0 585 i f; H' '( C, 0 t • * • • • +; + cn r 7r r r " c rc' ! w • r ®MININ®O ®M®M®C.B 9 Ow Page 426 of 585 Page 427 of 585 ■ • gloom Im Page 427 of 585 -311 CD -% CD • 3. 3 0 • cr •N • COL co 0 • CD CL m cr CD 0 1 to SD tr C a • 0 CD cl • CL cr a 0 ICL a CL U0 mno --I (D R --� =r ED CD uj CD 0 K= (D W 0 cu 5, 3C) m Z 0 CD P) ca w (D w CD M , U3 0 to m :3 0 m 3T CL U CD 0 w pu 0 0 w CL M =rO YM CD SD rL (aN e- 0 0 mt CD 0 O'd ' 0 0 0 :3 (D -0 0 era0CD 0 -n YiF 0 0 r_ cr r eE CL M 000 a 0 0 w :3 l< CrU3 EJ (a D- 0 =5 LnID 5 3 0. w m 0 0 . 0 - W 'd. M -n - w cr CD -0 - " a CD co 0 —.0 M 0 CL W r- z rA :3 cr m 0 =r CL 0 m 0c 3 -0. w (D Ca :3 a o fn C w 0 =0 m -4 MOD M -0 < tF Er 000 OL 0 a. In m 0 N4 cn m > p, C - D EC OD a CD 0 X - CL w U3 0 z 0 X :3 z I G) 0 ou 5'0 m CO 7 a] o r V Z �4 T- z M -0-10 q m M > cr W CD 0 z 0 M fD o a =r 0 ow 0 X Om - (D q mW Z �xl 0 :3 0 CD m -0 mV !l r (D m m CD C) CD 3 s o > �2. CD Wtb o 0 EL >10 CL 0 CL :3 CD CL (D 0 0 0 cl. om 0 co 0 CL 0 cp (D�:3 CD j C) m CL 0 :3 5 11-Irs m CD (D ZAN so CD Page 429 of 585 If you are not bidding on this servicelcommodity, please complete and return this form to: UTILITIES DEPARTMENT, City of Boynton Beach, 124 E. Woolbright Road, Boynton Beach, FL 33435 71 MiWid-1w 1r'1zPkftj1 I KUPs narITS for the City of Boynton Beach. Uilvjllff�WT'17 �11 7 1.DD12ESS: TELEPHONE: SIGNATURE: DATE: Specifications too "tight", i.e., geared toward brand or manufacturer only (explain below) Frefror-WQM.Tt Moo 3z=�� Our product schedule would not permit us to perform Nzmnz�= N.*k►"A.11 ioynton Beach Utilil1es — Cured -In —Place Pipe Lining (CIPP) 13k 7q THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 430 of 585 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATIO CONSTRUCTION INDUSTRY LICENSING BOARD 2601 BLAIR STONE ROAD TALLAHASSEE FL 3239.9-0783 M3171 11"F*6111 mu 20 FOX CHASE SUITE B CA2TER,TJLLE--GA-30T-2a— STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFES81ONAL REGULATION OGG061125 fsSLIED- ()8/0712016 CERTIFIED GENERAL CONTRACTOR HOWTON. I NSITUFORM. TEGHNOIP�QIES LLC 18 CERT151ED under the provisions of Ch.455 FS. E.pirdti�n dai;3 -- AU6 �li, 2Di 8 Livoewoomil Expiration date* AUG 31, 2018 ISSUED: 06107016 DISPLAY AS REQUIRLD BYLAW SEQ# LifflaD7000FIgbe 431 of 585 January 18, 2012 BECKY PEIRCE CS0 TALLAHASSEE, FL Quallf! ' cation document for iNSITUFORM TECHNOLOGIES, LLG were filed on January 18, 2012, and assigned document number M12000000304. Fleaso refor to this number whenever corresponding with this OffiGG. Your limited liability company is authorized to transact business in Florida as of the fife date.. —1 a maintain "actIve" status with the Division of Corporations, an annual report must b,.-. filed yearly betvveen January Ist and May Ist beginning in the year following tha,fflo date"or effective date indicated above. If the annual roport is not filed by May 14 a $400 late fee will be added. k Please notify this offige If the limited liability Gion1pany address changes. -- d Tou, fierve-any -questiona- regarding thismatterg p-l-ease-contaof-this office -at- -the--- address gtien below. Buck Kohr RegulatDTY SPG-CialiSt 11 EffsIon of GorOoratlons Akoceunt n=baxr: 1200000GO195 Amort, , cliarged. 126.00 WW711Jq1Tn)HZ- D-1-9 r'V 1 6 Q 7 -!F 6111,9 1-a as n- e , ro 1- G F -i ck 3 2 'a 14 ax 13OX 321. Page 432 of 585 37Rarvyy� AT CYCAW ImAji Nosy OEM -TO ROW-if'S, s_y if a "' �a ;..� Or # , ?°."..K 6i3.[''c'.�d.'"T."a.'..c ':.1°x,.i3?a„ Jd _, ___ __. Vlimi iffiYy _Cs M85" 179 8S, .. CNAS 06 MO 63 DA S_ if wRad I majmTq . Thim= md waal HIMMSWhImal O IO h " De -dF.mcr M.: David E, Mmair-, Nfi_ugm- Page 433 of 585 CER-TEFECATE OF DESIGNATION OF -RF-,GMMIW,D AGENT AaG MWERED On-TCE PURMA-b?i TO aIMP-ROVISIONS Oy SE MONGO&A715 cw 608.507,FLORIDA STAT=S', TM jfrj-azva:,dabjq-,thf,- asedinffir—stafr, ofilloFida, b. UbipamHwx SEwvlcr Caa�pmy- 0 wmu-) 17-01 Mys ftwt PIrm-mRiSfre, Fl, 32301 'y ffomwwzy &t m0,3km"- 1A-dg7g&d&-Vvj M7--Tcn%O Dlkmt�,accppteka ap vbligLam q my,-bwIS rgz�J-oda punddedfu[eF r m (-W2p608, A;zwk fflmdav, Com=ou Sem-co Co � ftanu s 25A DmkMaten e-Reghf-mcd Agmt s 30m) ce;, ii&A copy (OlFam q) 'T mm' Ckalffim& of gi-.fm (Opflonal) Page 434 of 585 D.e(ware aagg e E Rat State DULY BURMS3ER VEEP, .8zrUOF TRIE STAITf OF. .-CMAI R%_ Allh h', ..X: GOOD AIRM-C? D MA -6 , - AMMMU9 SRO 1AR AS M9 MARMIS OY lylyl CWTUR 19EXAV, S ' le ? d, i a rA. w .e� to-Yva y, 2.1, D. W—RCH, A.D- 1990. MEW TAM 51) INIAL OB89065 8300 12005545, .e �I:,fhb'Al L"Bon a0 �. ? `a.e. +x'sxd 5, CUA, F OAT: 9301'20i MOR 01 —17-12 °1 Page 435 of 585 X, OR ' Y W. �BXMX- "F.NI'MR7 TO MALR 2r gz C, 2 fo u .qu" m % �.-A -mrs- fir pi�q.,�'9�. sxTl..7vcmj ,g v sg�.-��a�;�+ loo-T,rNs" m J�`vi - [F %a '._ IZIC Y C-01 . % ,, k.�. �':.�tI�am�.N SIS A :� =9.. c"', wI:`.X ..,....�aT.. IM THXY E?Xtl' .?-R-I,RI, ON MR MMUTHT,6.kpAr '�J'.:r- ,�j°a ,-LT?aBt Dm, A aVO —UX, ,. '. T RURTHER ZF —THAT OW ug- _; .M ;M-1229 OF O.F RNUA' , A. D- 2011, AIT ll -58 07VZ _ : M 4-L. arm Page 436 of 585 ANE OF E - RM MICS TO RSIO MRA A COIRPIMMEUN TOP A" TO . The date ffio dDr, first fbumw-d is Ivlkrch 27, 1980. �m �Fany ' RN VRIN-058 ARM,°]i m-mmind 6is Cad,r- • h Z1111 day, of DemmbU4 2011. Page 437 of 585 D�&uiare PAGE 2 , m_ -Ist to "} yP.c P 170 , —'ALF, � ,# "? M THAT, ' :M � X.1 Tilt" lain �.w�'.4"W"PITM'•d"a}'�W7 s""'Y' EI ,�T''�} "�,,-g]� 7.y�...r �� C�� 0�5 r ,yt �( s , � a.C..`^ ..P.a.?` LC..F..d .� s.... m2 � FS �. �a?Iy ✓�.�.:.��. A,+R..p �� .'..i k`�,"��..c. rvn-- t% 1 a3 T' -t ,., �av-, w x 3 7B ��m �.m��.� ., zt r`i `"S". -; 0^. —b X a o r��'J,' ..,+g' ^S^ $.� �,a �-°y y';p _.,4 �.. mmn- �.1 �. S&..x� T..l' � "r,.-dY' 3 .� �=�=Y .= k .s'b.i..Y,. �a �C,n'�.3a:$. �W �� !' '��`..& ...� "i ,'gym ` UT- 'o- , A r _ 2011, T 11:28 ' CLOI A—AL CERTZFY has o- z THE? : ''FECT.. V MEN' ' e Ty -I, -W . Tom a- gmw . r?x i ._-RARR, A - D- 2011, �A""IM58 : lgz r -m. 00 8956.5 8.1007 Page 438 of 585 Ht -ate Of Y:`Cw Bomm On 0 USA ; .35T„?' lan Rempomataws Allmnad 11:40 2m 01*:30ful .fir .. -if -2f" '£ C` t iii I 3 °? .B1 a iP MLAMIL ' Awl.° "' . Th, w V�.'� ��'.z:P�.��' Aad �.�a � � �w��.�3� 3�'r .�.xa"+ l�..a o-� ..r,.....,„ .. ,s"n It �: ��. � Y'� am „�";� n';y.,a L°°...A.a$ £..��.�.,s, 'Second; The sellkms of iis regiscb-zed ofluce lp, -0-fe: Swo of C'upoWlya 108t cogdey �6 X . the Ci fNVjQjkU j -Del -m�: 1980, MR, br; x rm of it cgps xe AEea at Buch addruss is Ile CmWrnfity . . as ASINV Im ...... _ IN QU.l e .a m ° 11:58 ESQ A� f D=mbex,20 Page 439 of 585 M L A �131?1111 b I SIT " I f ; "IT I'll a filk " � "I Eli MIN2 1. NNIN13 TVAII STATE OF FLORIDA SS COUNTY OF PALM BEACH 1, the undersigned hereby duly Sworn, depose and say that no portion of the sum herein '�IL;Kuaur" reziam Of officer of the corporation. By° 11 XAAAL � �7An44u"V NAME - SUGNATURE Diane Partddge, Contracting and Attesting Officer Sworn and subscribed before me this I Oth day of April 2017 I 0�1 I � =1 `A&Ah,AA4A*h9JAj_,V1U NOTARY PUBLIC, StaTe ol WoWn' at Large Missouri Insituform Technologies, LLC Boynton Beach Utliftles — Cured -in —Place Pipe Lining (UPP) BF 74 THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 440 of 585 State of Missouri, County of St. Louis Diane Partridge , being flrst duly sworn, deposes and says that: He is Contracting and Attesting Oificeof Insituform Technologies, LLC the proposer that (Title) (Name of Corporation or Integrator) has submitted the attached RFQ: He is fully informed respecting the preparation and contents of the attached submittal and of all pertinent circumstances respecting such submittal; Further, the said proposer nor any of its officers, partners, owners, agents, representatives, employees or parties in 'interest, including this affiant, has in any way colluded, conspired, any advantage against the City of Boynton Beach or any per -son interested in the proposed Contract; and (Signed) Diane Partridge (Title) Contracting and Attesting Officer loth April 17 This day of 20 Notary Public (Signature) ZVD�� # otary Public - Notary Sea, SrATE OF MISS0141 St. Charl" County COMMisSion Expires: jan Comissio, 5,7020 loynton Beach Utilities — Cured -1 n —Place Pipe Lining (CIPP) BF _17T!" * 11 3896i,3 THIS PAGE MUST BE SUBMITTED ALONG NTH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE it 75 Page 441 of 585 I I 0 I 1p NJ Ln Ln 0 Page 442 of 585 un, ago [D t9P M12 N -4 41 0 0 0 I 1p NJ Ln Ln 0 Page 442 of 585 a I I I I I M, Page 443 of 585 01 -j uu O I M, Page 443 of 585 E 171 41 cn -n r- 15 'a co I. 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C) —4 A C. -4 0 OW CD as I Page 446 of 585 A TTA CHMENT "C" CURED -IN-PLACE PIPE LINING (CIPP) RFQ NO. 057-2821-16/TP PHASE 5.1 GIS MAPS SEWER MAIN INSPECTION FORMS PHASE 5.1 PIPE SEGMENTS Page 447 of 585 Map created by: Greg Owens Date: January 23rd, 2017 Mv Paa 3,t49!' �� , IAP,,k, Map created by: Greg Owens Date: January 25th, 2017 Pag voolEl Map created by: Greg Owens �\ j+i��,� �) �� Date: January 23rd, 2017 �f� ��} „g31 7[`i �� t�; 14� � . „ s{. �� t�; ��1 n,'f�� .:::: 'l._�� rl � r� Pag Plan View Report MH 317-317-005 to 317-317-004 P S R Street City 317-317-005-004 WINCHESTM PARK BLVD BOYNTON BEACH Date TIme Weather Ht/ is Width Shape Material Length Surveyed Total Length Status 01/26/2010 08.08*41 Dry a a c1mular Dip 119.6 119.6 Completed Video Name Additional Info Purpose Sheet 317-317-005-004-1-26-2010.mp4 10 S OF SHOPPING CENTER ENTRANCE... Routine Assessment 1 video attached Flow TV uninspected portion 317 -317 -WS /0"', Start 0.0 <Start Inspections at 08:08-.41 �W insp ff 6711F.MV "T FlIr"Irmfloll 0.0 Water Level 5 % 112.1 Intruding Sealing Ring... 20 % At 2 To 5 118.4 infil Dripper At 9 To 10 — End "r 119.6 Manhole 317-317-0 317-317-004 118.4 Deposits Attachencr... 5 % At 12 To 12 119.6 <Completed inspection> at 08.17.07 Cabra Information Management Software www.cabriitec.corn Page 451 of 585 Plan View Report MH 317.50 1 .004 to 317-501-003 PSR Street City 317-301-004-003 S10 INDUSTRrAL AVE BOYNTON BEACH to Time Weather Ht/DIEL Width Shape Material Length Surveyed Total Length Status 10/25/2009 Dry 8 a Circular VCP 161.8 161.8 Completed Video Name Additional Info Purpose Shoot 317-501-004-O03_10_25L2009.mp4 Routine Assessmignt 1 1.11.1 1 11.11.11.11 .............. video attached Fkm TV uninspected portion 317-601-004 0.0 <Start Inspection> at ??? 2.6 Crack Longitudinal At 3 0,0 manhole 317-501-004 18.6 Tap Factory Active At 9 Dia 4 0.0 Water Level 5 % 0.0 Crack Circumferential At 6 To 2 75.9 Crack Longitudinal At 3 At Jot 100.0 Hole At 12 To 2 PATCHED 102.6 Tap Break-in Intruding At 2 Ula 4 Int I 65.4 Crack Multiple At 12 To 2 At jnt 80.0 Fracture Multiple At 11 To I At J nt Iti" 11 1 � I I End 161.8 General Observation TOTAL LENGTH 162 1 rw -501-003 161.8 Manhole 317-501-003 <Completed inspection> at Page 7 of I ft—AW-02 V10 Cobra Information Management Software Www.cobratoc.com Page 452 of 585 Plan View Report MH 317-501-021 to 317-501-020 P S R Street City 317-501-021-020 XNDUSTRAL DR. BOYNTON REACH Date Time Weather Ht/Did Width Shape Material Length Surveyed Total Length Status jj/ 06/2009 1 42,49 Dry 6 0 Cimular VCP 236.1 236.1 Completed Video Name Additional info Purpose Sheet 317-501-021-0201182009.rnp4 Routine Assessment I video attached uninspected portion 0.0 <Start Inspection> at 10.42-49 A2,110:1.1"IMINHIN CRI MAN-RIENINI 0.0 Water Level 5 % 0.0 Water Level S % 59.2 Crack Multiple At 4 To 8 �ikf-Alllff*i= 57.1 Water Level 20 % 61.0 Water Level 5 % TUFUTEFFTOR Flow TV I I 236.1 <CompletGd ins pection> at 11:00!21 Plan View Report MH 317-502-009 to 317-502-008 P 5 R Street city 3i7 -SO2 -009-008 855 NW M AVE BOYN70N BEACH DateTime Weather Ht/Dia Width Shape Material Length Surveyed Total Length Status JI/ 30/2009 Dry a 0 Circular VCP 175.9 175.9 Completed Video Name Additional Info Purpose Sheet 317-502-009-009L11-30-2009.mp4 Routine Assmsment I . . .. ........ video attached Flow Tv uninspected portion 317-602-009 0,1start 3.0 Crack Circumferential At I To 5 0.0 <Start inspection> at ??? 0.0 Manhole 317-502-009 B.6 Tap Factory Active At 10 Ola 4 0.0 Water Lever 10 0.0 General Observation FM IN MH 5.0 Tap Factory Active At 2 Dist 4 24.3 Crack Longitudinal At I 77.2 Top Factory Active At 10 Dia 4 I 11.5 Tap Factory Active At 2 Dia 4 MAN 1 7- 114.6 Crack Mult [pie At 6 To 9 At Jin 124.1 Crack Circumferential At 10 To 11 At jnt 138.7 Infil Runner At 6 To 7 166.9 Crack Multiple At 10 To 5 -136.7 Broken At 12 To 12 At jnt End 166.9 Inf H Runner At 12 To 5 175.9 General Observation 7.602 TOTAL LENGTH 176 174.8 Tap Factory Defective At 6 Dia 8 175.9 Manhole DROP PIPE FULL 317-502-008 Page I of 1 175.9 <Completed 1"Spection> 10 Cobra information management Software www.cabratee.com Page 454 of 585 Plan View Report MH 317-502-022 to 317-502-018 . . . ......... PSR Street City 317-502-022-018 436 NW 7TH ST BOYNTON REACH Data Time Weather Ht/Dia Width Shape Material Length Surveyed Total Length Status 11/10/2009 Dry 8 0 Circular VCP 337.7 337.7 Completed Video Name Additional info Purpose Sheet 317-502-022-016-11,-10-2009.mp4 Routine Assessment 1 video attached Fbw Tv uninspected portion 317-502-022 Awl% , - I Start 0.0 <Start Inspection> at ??7 ;w imp 0.0 Manhole 317-502-022 0.0 Water Level 5 % 0.0 Crack Multiple At 12 To 12 4--XIIIIIIII 9-171111 XTUIT;W-m Vzw.XwNijM1 65.9 Broken At 12 To 12 115.8 Crack Multiple At 8 To 12 At Jnt 123-1 Crack Multiple At 9 To 12 At Jnt 125.4 Tap Factory Active At 3 Dia 4 153.4 Crack Multiple At 9 To 2 At Jnt 163.3 Crack Multiple At 1 To 6 At Jnt 182.8 Roots Fine joint At 9 To 12 AtJnt 193.0 Roots Fine Joint At 10 To 12 At Jnt WANDERS 206.0 Crack Longitudinal At 9 At Jnt 222.6 Tap Factory Active At 2 Dia 4 238.0 Broken At I To 4 At Jnt I'M 18.9 Fracture Multiple At 12 To 3 At int 46.5 Roots Fine Joint At 8 To 9 At Jnt 76.8 Crack Mutt 1pie, At 10 To 3 98.1 Tap Factory Active At 9 Dia 4 dE,1A:2:r.r,T M.;irTEnriTW--TMKUE.Nt,]F�TRIM 147.8 Tap Factory Active At 10 Dia 4 158.2 Crack Multiple At 8 To 5 At Jnt 158.2 Roots Fine joint At 12 To 3 At Jnt 172.9 Crack Longitudinal At I 187.7 Roots Fine joint At 10 To 3 At Jnt 199.9 Tap Factory Active At 10 Din 4 233.4 Fracture Circurnferenti... At 7 To 8 At Jnt 249.9 Tap Factory Active At 10 Dia 4 WANDERS wdii of I 0 330.7 Crack Longitudinal At 2 At Jnt Cobra Information Management Software www.cabratee.com 337.7 General Observation Page 455 of 585 Plan View Report MH 317-502-024 to 317-502-023 . . .. ...... PSR Street City 317-502-024-023 645 NW 771H ST BOYNTON BEACH Date Time Weather HtlDla Width Shape Material Length Surveyed Total Length Status 11/09/2009 DrV a 0 Circular VCP 289.6 289.6 Completed Vldeo Name 3 17-502-024-0231 192009.mp4 video attached uninspected portion 0.0 Manhole 317-502-024 0.0 Water Level 5 % 210.0 Crack Longitudinal At 3 At Jnt 241.3 Tap Factory Active At 3 Dla 4 266.6 Broken At 3 To 9 At jnt Additional Info Purpose Sheet Routine Assessmerit 1 1 17 i ViEF-If IMI YZ: Flow TV I I 14.3 Tap Factory Active At 9 Dia 4 SAND IN SVC 27.1 Crack Multiple At 11 To 3 At Jnt 184.6 Tap Factory Active At 9 131a 4 291.2 Crack Multiple At 71 To 2 At jnt 289.6 ceneral Observation TOTAL LENUH 290 289.6 Y-4-780le Page I of I JI)CAMA 289.6 <Completed inspection> at Fff— Y'D Cobra Information Management Software www.cabratte.com Page 456 of 585 Plan View Report MH 317-502-025 to 317-502-022 P S R Street City 317-502-025-022 NW 4TH "E & NW 7TH CT BOYNTON BEACH Date Time Weather Ht/Dia Width Shape Material Length Surveyed Total Length Status 11/09/2009 Dry a 0 Circular VCP 260.0 260.0 Completed Video Name Additional Info Purpose Shoat 317-502-025-OZZ-11-9-2009.MP4 Routine Assessmant I video attached Flow TV UnInspected portion 317-502-025 - Sta rt 0.0 <Start inspection} at ??? 0.0 Manhole 317-502-025 0.0 Water Level 5 % 52.0 Crack Circumferential At 11 To 12 At Jilt 52.0 Roots Fine joint At 11 To 12 At Int 85.9 Crack Multiple At 12 To 4 At Int 146.4 Crack Circumferential At 9 To 10 At jnt 207.7 Roots Fine joint At 12 To 5 At Int 215.5 Roots Fine joint At 8 To 4 At jnt 227.8 Crack Longitudinal At 3 At Jnt 66.2 Fracture Multiple At 10 To 2 At jnt 90.9 Broken At I To S At JAI: 160.5 Crack Longitudinal At 10 At jnt 160.5 Fracture Longitudinal At 9 At jnt 163.0 Crack Multiple At 3 To 8 At jnt 212.4 Crack Longitudinal At ICAtjnt 212.4 Fracture Circurnferentl... At 8 To 9 At jnt 217.2 Crack Multiple At 3 To 9 At jnt 260.0 Manhole Page I of 7 317-502-022 *SAM—" V110 260.0 <Completed inspectionC .ptpWormatlon Management Software www cobratec.com Page 457 of 585 Plan View Report MH 317-502-030 to 317-502-029 - — "I',". ............... P S R Street City 317-302-030-029 406 NW M ST BOYNTON BEACK DateTime Weather Ht]Dla Width Shape Material Length Surveyed Total Length Statue 111 16/2009 Dry a 0 Circular VCP 120.6 120.6 ConVieted Video Name U7-502-030-025IL-11-14-2009.MP4 Additional Info Purpose Sheet Routine Assessmerit 1 Flow TV 317-802-030 1 1 120.6 <Completed Inspection> ®' djo Cobra Information Management Software www.cobratec.rom Page 458 of 585 Plan View Report MH 317-502-031 to 317-502-030 PSR SUM City 317-502-031-030 516 NW STH ST BOYNTON BEACH T i rrr--, Msahey R/Da VAdth Shalm! WftmiA lerkqth'Sunm,. . VoTI) j-i.,rgjh YM Statu's 11/16/2009 DrV a 0 Circular VCP 141.0 141.0 completwi M ek!o INIUMn Addibonal Into rbopose 9-vevl' 317-502-031-030_11_16_2 9. M Routine Assessment 1 vidw wmhml uninspecWd pMion 317-502-031 QO <Start inspection> at TR — ap I I.M. a Fril Fri UT 774 UTTY &A #,TV 41.3 Crack it nal At 2 At jret 685 Crack Multiple At 4 To 8 At M 118 Crack Muitiple At 4 To 6 At Int 1368 P1315 Fine joint At 8 To 2 At Int 166 Rmis Fine Joint At 9 To 2 At int TV I 137.9 Crack Circumferential At 2 To 4 At Jnt Plan View Report MH 317-502-032 to 317-502-031 rholveank"Rme P S R Street City 317-502-032-031 510 NW STH CT BOYNTON BEACH Date Time Weather Ht/Dia Width Shape Material Length Surveyed Total Length Status /1 ! 16,12009 DrV a 0 Circular VCP 246.0 246.0 Completed Video Name Additional Info Purpose Sheet 317-502-032-031-11-16-2009.mp4 Routine Assessment I video attached FkYW TV uninspected portion 317-502-032 /0-N start 0.0 <Start Inspection> at ??? 0.0 Manhole 317-502-032 0.0 Water Level 5 % 47.6 Crack Multiple At 3 To 6 At Jnt 95.0 Crack Multiple At I To 6 At Jnt 114.9 Crack Multiple At 10 To 2 At Jnt 132.5 Roots Fine joint At 3 To 4 At Int 132.5 Broken At 8 To 3 At Jot 181.8 Crack Multiple At 4 To 7 At Jut 181.11 Roots Fine joint At 9 To 10 At Jnt 191.7 Crack Multiple At 3 To 9 At Jnt 198.8 Crack Multiple At 2 To 9 At Jot 229-5 Crack Multiple At 8 To 9 At Int/ 317 VA@rA f "t g�� rZW-Uli-*M DIM, 67.5 Crack Multiple At 4 To 8 At ant fig. 5 Tap Factory Active At 9 is 4 104.7 Roots Fine Joint At To 8 AtJn1 156.8 Roots Fine Joint At 7 To 12 At Jnt 186.4 Roots Fine Joint At 8 To 10 At int 193.3 Tap Factory Active At 9 Dia. 4 SAND IN SVC 218.5 Crack Multiple At 10 To 2 At J1 End 218.5 Broken At 2 To 8 At Jnt I I � I � , * . 19#11FAIIIIIIIII ordill; I . 317-502-031 sowuvm yx 246.0 <Completed inspection e.0. information Management Software www.cabratec.com Page 460 of 585 Plan View Report MH 317-502-033 to 317-502-032 PSR Street City 317-502-033-032 500 NW 8TH CT BOYNTON BEALCH DateTime Weather Wt/ la Width Shape Material Length Surveyed Total Length Status 11/ 17/2009 Dry a 0 Circular VCP 250.2 250.2 Completed Video Name Additional Info Purpose Sheet 17'- _11`17® Routlige Assessment 1 ........................ ........................ Flow video attached TV uninspected portion 317-502-033 to -N start 0.0 <Start ins pection> at ??? 0.0 Manhole 317-502-033 0.0 Water Level S % 19,7 Crack Longitudinal At 72 At Jnt 19.7 Crack Longitudinal At 5 At Jnt 106.0 Crack Multiple At 9 To 5 At Jnt 128.1 Broken At 8 To 5 At Jnt 163.1 Crack Multiple At 3 To 6 At Jnt 178.0 Crack Mult Iple At 5 To 8 At Jnt 195.0 Broken At 3 To 10 At Jnt 2273 Crack Longitudinal At 8 At Jnt �TOTAL LENGTH 2 L NGT 2 0 n 50.2 Manho 2 Mis 317-502-0 nplated Inspection> at ??? 116.3 Crack Longitudinal At 3 At Jnt 133.4 Crack Multiple At 10 To 2 At Jt 167.8 Crack Multiple At 2 To 5 At Jnt 232.4 Broken At 12 To 12 At Jnt Page I of I esmen"s Cobra information Management Software www. ca Is rat ec. cc rn Page 461 of 585 Plan View Report MH 317-502-037 to 317-502-036 PSR I Street City 317-502-037-036 500 NW STH ST BOYNTON BEACH Time Weather HtjDIa Width Shape Material Length Surveyed Total Length Status 11/11/2009 Dry a 0 Circular VCP 221.9 221.9 CorMleted Video Name Additional into Purpose sheet 317-502-037-03611,Il2009.mp4 Routine Assessment 1 video attached• Flow TV uninspected portion 317-502-037 to-'N Start 0.0 <Start inspection> at ??? 0.0 Manhole 317-502-037 0.0 Water Level 5 % 68.6 Broken At 2 To At Jnt 74.9 Tap Factory Active At 3 Dla 4 131.7 Crack Multiple At 3 To & At Jnt 139.1 Tap Factory Active At 3 Dia 4 166.7 Crack Multiple At 12 To S At Jnt 201.2 Crack Multiple At 4 To I I At jnt 221.9 General Observation TOTAL LENCTH 222 221.9 Manhole 317-502-036 .9 <Completed Inspection> at ??? 8.3 Tap Factory Active At 9 Dia 4 77.4 Tap Factory Active At 9 Dia 4 141.4 Tap Factory Active At 9 Dia 4 186.0 Roots Fine joint At 10 To 11 At Jnt Pag a I of I 9CASAS ,,)a Cobra information Management Software www, cabratoc.com Page 462 of 585 CURED -IN-PLACE PIPE LINING (CIPP) Phase 5.1 RFQ No. 057-2821-16/TP TABLE 1 Phase 5.1 Pipe Segments Basi Pipe Address Up Do Dia Lengt No of Pre - n Segment Dep wn h Later Cleanin th dep als g th 317- 317-317- Winchester 11 13 10 402.9 0.0 Heavy 317 004-005 Park Blvd Cleanin g 317 402.9 1 317- 317-501- 510 6 8 8 161.8 4.0 Jetting 501 004-003 INDUSTRIAL AVE 317- 317-501- INDUSTRAL 4 5 8 236.1 1.0 Jetting 501 021-020 DR. 501 397.9 2 317- 317-502- 855 NW 8TH 12 14 8 175.9 4.0 Heavy 502 009-008 AVE Cleanin g 317- 317-502- 436 NW 7TH ST 5 8 8 337.7 7.0 Jetting 502 022-018 317- 317-502- 645 NW 7TH ST 4 6 8 289.6 7.0 Jetting 502 024-023 317- 317-502- NW 4TH AVE & 5 5 8 260.0 2.0 Jetting 502 025-022 NW 7TH CT 317- 317-502- 406 NW 8TH ST 6 12 8 120.6 0.0 Jetting 502 030-029 317- 317-502- 516 NW 8TH ST 6 6 8 141.0 2.0 Jetting 502 031-030 317- 317-502- 510 NW 8TH CT 6 6 8 246.0 4.0 Jetting 502 032-031 317- 317-502- 500 NW 8TH CT 4 6 8 250.2 5.0 Jetting 502 033-032 317- 317-502- 500 NW 8TH ST 5 6 8 221.9 9.0 Jetting 502 037-036 502 2042.9 45.0 9 Page 463 of 585 7.D. REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R17-049 - Authorize the City Manager to sign a three year contract with ESRI of West Palm Beach, FL for a Small Government Enterprise License Agreement through a sole source with a total cost of $150,000. EXPLANATION OF REQUEST: AGREEMENT PERIOD: June 1, 2017 - May 31, 2020 In order to meet the growing needs of City departments in the use of geographic information systems (GIS) software, we have determined that upgrading our current license agreement with ESRI (the software provider for our GIS) to the Small Government Enterprise License Agreement would be the best value. The agreement is a contract for a term of three years and represents a significant upgrade to our GI S capacity. The reasons for our findings are the following: 1) Our current ESRI licensing agreement no longer provides a sufficient amount of software licenses to meet the needs of various projects that are either in progress, such as those of Utilities, or those that have yet to be started in other departments for the purposes of realizing new operational efficiencies through the use of GI S technologies. In fact, the City's Information Technology Services Department, of which GIS is a division, commissioned a 2015 GIS strategic plan, which highlights such potential projects across the organization and recommends this kind of investment in order to expand the capacity of GIS to accomplish these tasks. 2) We compared three options; purchasing ESRI software licenses individually, as part of the current ESRI licensing agreement, or the Small Government Enterprise License Agreement. Our comparison shows that over three years, the first option would cost $158,700, the second $128,700, and third $140,000 (which includes a proration of our existing agreement), respectively. However, the second option would require a first year outlay of $21,300 more than the third option and provide only slightly more than the minimum necessary to satisfy the demand of Utilities, but not across the rest of the organization where GIS is applicable. The amount of licenses and software offered by the third option, the Small Government Enterprise License Agreement, is far greater in value than the $11,300 difference in the three year cost as compared to the second option and meets existing and future needs through the next three to six years. A breakdown of these costs will be attached to illustrate these options. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The benefits to the City are considerable as the upgrades will enable a faster enactment of the potential projects that were identified in a report in 2015 which highlighted a number of exciting improvements across the city with particular emphasis on public interactions. This will enable us to provide online information to the public on a variety of issues such as parks, public art and more general geographical data such as flood zones and aerials. Currently the Utility is the major user of GIS and will be going forward. There are over 1000 miles of underground pipes, over 200 pumping stations, 4000+ fire hydrants and over 20,000 valves that need to be correctly located and identified. This data is also used for our asset management systems, hydraulic modelling and day to day locating functions. The utility has an internal objective to have this information accurate and Page 464 of 585 available to every employee either on a tablet, desktop or smartphone. This will greatly improve our efficiency when dealing with issues in the field. FISCAL IMPACT: Non -budgeted Annual amounts will be paid from ITS account 001-1510-513-46-91 and Utilities account 401-2821-536-46-91. ALTERNATIVES: The alternative is to purchase additional licenses on a piecemeal basis. This will not provide the enhanced functionality of the Small Government Enterprise License Agreement STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type D Resolution D Addendum D Addendum D Addendum REVIEWERS: Department Utilities Finance Legal City Manager Description Resolution approving and authorizing the City Manager to sign a three year Small Government Enterprise License Agreement for GIS ESRI Cover Letter License Agreement ESRI Sole Source Letter Reviewer Action Date Pigott, Bevis Approved 5/3/2017 - 11:21 AM Howard, Tim Approved 5/9/2017 - 9:24 AM Swanson, Lynn Approved 5/11/2017 - 2:09 PIM LaVerriere, Lori Approved 5/12/2017 - 9:36 AM Page 465 of 585 1 RESOLUTION NO. R17- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING AND AUTHORIZING THE CITY 5 MANAGER TO SIGN A THREE YEAR SMALL ENTERPRISES 6 AGREEMENT COUNTY AND MUNICIPALITY GOVERNMENT 7 IN THE TOTAL AMOUNT OF $150,000.00; AND PROVIDING 8 AN EFFECTIVE DATE. 9 10 WHEREAS, in order to meet the growing needs of City departments in the use of 11 geographic information systems (GIS) software, staff has determined that upgrading the 12 current license agreement with ESRI to the Small Government Enterprise License 13 Agreement would be the best value and represents a significant upgrade to our GIS 14 capacity; and 15 WHEREAS, the current ESRI licensing agreement no longer provides a sufficient 16 amount of software licenses to meet the needs of various projects that are either in 17 progress, such as those of Utilities, or those that have yet to be started in other departments 18 for the purposes of realizing new operational efficiencies through the use of GIS 19 technologies; and 20 WHEREAS, upon recommendation of staff, the City Commission does hereby 21 approve and authorize the City Manager to sign a Three Year Small Enterprise Agreement 22 County and Municipality Government with ESRI of West Palm Beach, FL for a total cost 23 of $150,000.00. 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 25 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 26 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 27 being true and correct and are hereby made a specific part of this Resolution upon adoption 28 hereof 29 Section 2. The City Commission hereby approves and authorizes the City 30 Manager to sign a Three Year Small Enterprise Agreement County and Municipality 31 Government with ESRI of West Palm Beach, FL for a total cost of $150,000.00, a copy of 32 which is attached hereto as Exhibit "A". 33 Section 3. That this Resolution shall become effective immediately. 34 Page 466 of 585 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 PASSED AND ADOPTED this day of , 2017. CITY OF BOYNTON BEACH, FLORIDA ATTEST: Judith A. Pyle, CMC City Clerk (Corporate Seal) Mayor — Steven B. Grant Vice Mayor — Justin Katz Commissioner — Mack McCray Commissioner — Christina L. Romelus Commissioner — Joe Casello VOTE YES NO Page 467 of 585 Ab March 22, 2017 Mr. Yury Konnikov City of Boynton Beach 100 E Boynton Beach Blvd Boynton Beach, FL 33435-3899 Dear Yury, The Esri Small Municipal and County Government Enterprise License Agreement (ELA) is a three-year agreement that will grant your organization access to Esri® term license software on an unlimited basis including maintenance on all software offered through the ELA for the term of the agreement. The ELA will be effective on the date executed and will require a firm, three-year commitment. Based on Esri's work with several organizations similar to yours, we know there is significant potential to apply geographic information system (GIS) technology in many operational and technical areas within your organization. For this reason, we believe that your organization will greatly benefit from an enterprise license agreement. An ELA will provide your organization with numerous benefits including: ■ A lower cost per unit for licensed software ■ Substantially reduced administrative and procurement expenses ■ Maintenance on all Esri software deployed under this agreement ■ Complete flexibility to deploy software products when and where needed The following business terms and conditions will apply: ■ All current departments, employees, and in-house contractors of the organization will be eligible to use the software and services included in the ELA. ■ If your organization wishes to acquire and/or maintain any Esri software during the term of the agreement that is not included in the ELA, it may do so separately at the Esri pricing that is generally available for your organization for software and maintenance. ■ The organization will establish a single point of contact for orders and deliveries and will be responsible for redistribution to eligible users. ■ The organization will establish a Tier I support center to field calls from internal users of Esri software. The organization may designate individuals as specified in the ELA who may directly contact Esri for Tier 2 technical support. ■ The organization will provide an annual report of installed Esri software to Esri. 3801 New York Street 909 793 2853 Redlands, California 92373-8100 USA info@esri.com esri.com Page 468 of 585 ■ Esri software and updates that the organization is licensed to use will be automatically available for downloading. ■ The organization will act as an Esri reference site and will permit Esri to publicize its use of Esri software and services. ■ The fee and benefits offered in this ELA proposal are contingent upon your acceptance of Esri's Small Municipal and County Government ELA terms and conditions. ■ Licenses are valid for the term of the ELA. This program offer is valid for 90 days. To complete the agreement within this time frame, please contact me within the next seven days to work through any questions or concerns you may have. To expedite your acceptance of this ELA offer: 1. Sign and return the whole agreement per the instructions in the terms and conditions. On the first page of the ELA, identify the central point of contact/agreement administrator. The agreement administrator is the party that will be the contact for management of the software, administration issues, and general operations. Information should include name, title (if applicable), address, phone number, and e-mail address. 3. In the purchase order, identify the "Ship to" and "Bill to" information for your organization. 4. Send the purchase order and agreement to the address, email or fax noted below: Esri Attn: Customer Service SG-ELA 380 New York Street Redlands, CA 92373-8100 e-mail: service@esri.com fax documents to: 909-307-3083 I appreciate the opportunity to present you with this proposal, and I believe it will bring great benefits to your organization. Thank you very much for your consideration. Best Regards, Ali Fain Small Governinent ELA Page 469 of 585 i ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE, INC. 303 Evernia St. Suite 300 West Palm Beach, FL 33401 Phone: (561) 832-4116 Fax: 561-832-1058 DUNS Number: 06-313-4175 CAGE Code: OAMS3 To expedite your order, please attach a copy of this quotation to your purchase order. Quote is valid from: 03/22/2017 To: 06/20/2017 Quotation # 20504636 Date: March 22, 2017 Customer # 101023 Contract # ENTERPRISE AGREEMENT City of Boynton Beach Information Technology Services 100 E Boynton Beach Blvd Boynton Beach, FL 33435-3899 ATTENTION: Yury Konnikov PHONE: (561) 742-6071 FAX: (561) 742-6092 Material Qty Description Unit Price Total 110037 1 Populations of 50,001 to 100,000 Small Government Term Enterprise 45,000.00 45,000.00 License Agreement - Year 1 110037 1 Populations of 50,001 to 100,000 Small Government Term Enterprise 50,000.00 50,000.00 License Agreement - Year 2 110037 1 Populations of 50,001 to 100,000 Small Government Term Enterprise 55,000.00 55,000.00 License Agreement - Year 3 Item Total: 150,000.00 Subtotal: 150,000.00 Sales Tax: 0.00 Estimated Shipping & Handling(2 Day Delivery) : 0.00 Contract Pricing Adjust: 0.00 Total: $150,000.00 Esri may charge a fee to cover expenses related to any customer requirement to use a proprietary vendor management, procurement, or invoice program. For questions contact: Ali Fain Email: afain(a)esri.com Phone: (561) 832-4116 x8742 The items on this quotation are subject to the terms set forth herein and the terms of your signed agreement with Esri, if any, or, where applicable, Esri's standard terms and conditions at www.esri.com/legal, which are incorporated by reference. Federal government entities and government prime contractors authorized under FAR 51.1 may purchase under the terms of Esri's GSA Federal Supply Schedule. Acceptance is limited to the terms of this quotation. Esri objects to and expressly rejects any different or additional terms contained in any purchase order, offer, or confirmation sent to or to be sent by buyer. All terms of this quotation will be incorporated into and become part of any additional agreement regarding Esri's products and services. If sending remittance, please address to: Esri, File No. 54630, Los Angeles, Ca 90074-4630 1 —1— 1 nes V11CI 1, u1n1MU w LIC W1111b anu cvnuRwIla 111UV/NV/CILt!U anu auacnCu 11CIC111. Esri Use Only: Cust. Name _ Cust. # PO # Esri Agreement # Esii, 380 New York St., Redlands, CA 92373-8100 USA • TEL 909-793-2853 • FAX 909-793-5953 MALL ENTERPRISE AGREEMENT COUNTY AND MUNICIPALITY GOVERNMENT (E2I4-3) This Agreement is by and between the organization identified in the Quotation ("Licensee") and Environmental Systems Research Institute, Inc. ("Esri"). This Agreement sets forth the terms for Licensee's use of Products and incorporates by reference (i) the Quotation and (ii) the License Agreement. Should there be any conflict between the terms and conditions of the documents that comprise this Agreement, the order of precedence for the documents shall be as follows: (i) the Quotation, (ii) this Agreement, and (iii) the License Agreement. This Agreement shall be governed by and construed in accordance with the laws of the state in which Licensee is located without reference to conflict of laws principles, and the United States of America federal law shall govern in smatters of intellectual property. The ;;modifications and additional rights granted in this Agreement apply only to the Products listed in Table A. Table A Last of Products Uncapped Quantities Desktop Software and Extensions ArcGIS Desktop Advanced ArcGIS Desktop Standard ArcGIS Desktop Basic ArcGIS Desktop Extensions: ArcGIS 3D Analyst, ArcGIS Spatial Analyst, ArcGIS Geostatistical Analyst, ArcGIS Publisher, ArcGIS Network Analyst, ArcGIS Schematics, ArcGIS Workflow Manager, ArcGIS Data Reviewer Enterprise Software and Extensions ArcGIS Enterprise and Workgroup (Advanced and Standard) ArcGIS Enterprise Extensions: ArcGIS 3D Analyst, ArcGIS Spatial Analyst, ArcGIS Geostatistical Analyst, ArcGIS Network Analyst, ArcGIS Schematics, ArcGIS Workflow Manager Enterprise Optional Server ArcGIS Image Server Developer Tools ArcGIS Engine ArcGIS Engine Extensions: ArcGIS 3D Analyst, ArcGIS Spatial Analyst, ArcGIS Engine Geodatabase Update, ArcGIS Network Analyst, ArcGIS Schematics ArcGIS Runtime (Standard) ArcGIS Runtime Analysis Extension Limited Quantities One (1) Annual Subscription to Esri Developer Network (EDN) Standard* Two (2) Esri CityEngine Advanced Single Use Licenses 250 Level 1 ArcGIS Online Named Users 250 Level 2 ArcGIS Online Named Users 37,500 ArcGIS Online Service Credits 250 Level 1 ArcGIS Enterprise Named Users 250 Level 2 ArcGIS Enterprise Named Users 5 Insights for ArcGIS OTHER BENEFITS Number of Esri User Conference registrations provided annually 4 Number of Tier 1 Help Desk individuals authorized to call Esri 4 Maximum number of sets of backup ;;media, if requested** 2 Self -Paced e -Learning Uncapped Five percent (5%) discount on all individual conirnercially available instructor -led training classes at Esri facilities purchased outside this Agreement (Discount does not apply to Small Enterprise Training Package.) *Maintenance is not provided for these items **Additional sets of backup )_media may be purchased for a fee Pagel of 5 11/04/2016 Page 471 of 585 Licensee may accept this Agreement by signing and returning the whole Agreement with a signed sales quotation, purchase order, or other document that matches the Quotation and references this Agreement ("Ordering Document"). ADDITIONAL OR CONFLICTING TERMS IN LICENSEE'S ORDERING DOCUMENT WILL NOT APPLY, AND THE TERMS OF THIS AGREEMENT WILL GOVERN. This Agreement is effective as of the date of Esri's receipt of Licensee's Ordering Document incorporating this Agreement by reference, unless otherwise agreed to by the parties ("Effective Date"). Term of Agreement: Three (3) years This Agreement supersedes any previous agreements, proposals, presentations, understandings, and arrangements between the parties relating to the licensing of the Products. Except as provided in Article 4—Product Updates, no modifications can be made to this Agreement. Accepted and Agreed: (Licensee) By: Authorized Signature Printed Name: Title: Date: Contact: Address: City, State, Postal Code: Country: Quotation Number (if applicable): LICENSEE CONTACT INFORMATION Telephone: Fax: E-mail: Page 2 of 5 11/04/2016 Page 472 of 585 1.0—ADDITIONAL DEFINITIONS In addition to the definitions provided in the License Agreement, the following definitions apply to this Agreement: "Deploy", "Deployed" and "Deployment" mean to redistribute and install the Products and related Authorization Codes within Licensee's organization(s). "Fee" means the fee set forth in the Quotation. "Case" means a failure of the Software or Online Services to operate according to the Documentation where such failure substantially impacts operational or functional perfonnance. "License Agreement" means the applicable license agreement for Esri Products incorporated by this reference that is (i) found at htII2://www.esri.coliVIegal/software-license and available in the installation process requiring acceptance by electronic acknowledgment or (ii) a signed Esri license agreement that supersedes such electronically acknowledged license agreement. "Maintenance" means Tier 2 Support, Product updates, and Product patches provided to Licensee during the Tenn of Agreement. "Product(s)" means the products identified in Table A— List of Products and any updates to the list Esri provides in writing. "Quotation" means the offer letter and quotation provided separately to Licensee. "Technical Support" means the technical assistance for attempting resolution of a reported Case through error correction, patches, hot fixes, workarounds, replacement deliveries, or any other type of Product corrections or modifications. "Tier 1 Help Desk" means Licensee's point of contact(s) to provide all Tier 1 Support within Licensee's organization(s). "Tier 1 Support" means the Technical Support provided by the Tier 1 Help Desk. "Tier 2 Support" means the Technical Support provided to the Tier 1 Help Desk when a Case cannot be resolved through Tier 1 Support. Licensee will receive Tier 2 Support from Esri. 2.0—ADDITIONAL GRANTOF LICENSE 2,1 Grant of License. Subject to the terms and conditions of this Agreement, Esri grants to Licensee a personal, nonexclusive, nontransferable license solely to use, copy, and Deploy quantities of the Products listed in Table A—List of Products for the teen provided on the first page (i) for the applicable Fee and (ii) in accordance with the License Agreement. 2.2 Consultant Access. Esri grants Licensee the right to pen -nit Licensee's consultants or contractors to use the Products exclusively for Licensee's benefit. Licensee will be solely responsible for compliance by consultants and contractors with this Agreement and will ensure that the consultant or contractor discontinues use of Products upon completion of work for Licensee. Access to or use of Products by consultants or contractors not exclusively for Licensee's benefit is prohibited. Licensee may not pen -nit its consultants or contractors to install Software or Data on consultant, contractor, or third - party computers or remove Software or Data from Licensee locations, except for the purpose of hosting the Software or Data on Contractor Servers for the benefit of Licensee. 3.0—TERM, TERMINATION, AND EXPIRATION 3.1 Term. This Agreement and all licenses hereunder will commence on the Effective Date and continue for the duration identified in the Tenn of Agreement, unless this Agreement is terminated earlier as provided herein. Licensee is only authorized to use Products during the Tenn of Agreement. For an Agreement with a limited teen, Esri does not grant Licensee an indefinite or a perpetual license to Products. 3.2 No Use upon Agreement Expiration or Termination. All Product licenses, all Maintenance, and Esri User Conference registrations tenninate on expiration or termination of this Agreement. 3.3 Termination for a Material Breach. Either party may terminate this Agreement for a material breach by the other party. The breaching party will have thirty (30) days from the date of written notice to cure any material breach. 3.4 Termination for Lack of Funds. For an Agreement with government or governinent-owned entities, either party may tenninate this Agreement before any subsequent year if Licensee is unable to secure funding through the legislative or governing body's approval process. Page 3 of 5 11/04/2016 Page 473 of 585 3. At a minimum, Tier 1 Support will include those 3.5 Follow-on Term. If the parties enter into another activities that assist the user in resolving how-to agreement substantially similar to this Agreement for and operational questions as well as questions on an additional term, the effective date of the follow-on installation and troubleshooting procedures. agreement will be the day after the expiration date of this Agreement. 4. The Tier 1 Help Desk will be the initial points of contact for all questions and reporting of a Case. The Tier 1 Help Desk will obtain a full 4.0—PRODUCT UPDATES description of each reported Case and the system configuration from the user. This may include 4.1 Future Updates. Esri reserves the right to update the obtaining any customizations, code samples, or list of Products in Table A—List of Products by data involved in the Case. The Tier 1 Help Desk providing written notice to Licensee. Licensee may may also use any other information and continue to use all Products that have been Deployed, databases that may be developed to satisfactorily but support and upgrades for deleted items may not resolve the Case. be available. As new Products are incorporated into the standard program, they will be offered to 5. If the Tier 1 Help Desk cannot resolve the Case, Licensee via written notice for incorporation into the an authorized Tier 1 Help Desk individual may Products schedule at no additional charge. Licensee's contact Tier 2 Support. The Tier 1 Help Desk use of new or updated Products requires Licensee to will provide support in such a way as to adhere to applicable additional or revised terms and minimize repeat calls and make solutions to conditions of the License Agreement. problems available to Licensee. 4.2 Product Life Cycle. During the Tenn of Agreement, 6. Tier 1 Help Desk individuals are the only some Products may be retired or may no longer be individuals authorized to contact Tier 2 Support. available to Deploy in the identified quantities. Licensee may change the Tier 1 Help Desk Maintenance will be subject to the individual Product individuals by written notice to Esri. Life Cycle Support Status and Product Life Cycle Support Policy, which can be found at b. Tier 2 Support http://support.esri.corn/en/content /productlifecycles. Updates for Products in the 1. Tier 2 Support will log the calls received from mature and retired phases may not be available. Tier 1 Help Desk. Licensee may continue to use Products already Deployed during the Tenn of Agreement, but 2. Tier 2 Support will review all information Licensee will not be able to Deploy retired Products. collected by and received from the Tier 1 Help Desk including preliminary documented 5.0—MAINTENANCE troubleshooting provided by the Tier 1 Help Desk when Tier 2 Support is required. The Fee includes standard maintenance benefits during the Tenn of Agreement as specified in the most current applicable Esri Maintenance and Support Program document (found at hlW://www.esri.corn/legal). At Esri's sole discretion, Esri may make patches, hot fixes, or updates available for download. No Software other than the defined Products will receive Maintenance. Licensee may acquire maintenance for other Software outside this Agreement. a. Tier 1 Support 1. Licensee will provide Tier 1 Support through the Tier 1 Help Desk to all Licensee's authorized users. 2. The Tier 1 Help Desk will be fully trained in the Products. Page 4 of 5 3. Tier 2 Support may request that Tier 1 Help Desk individuals provide verification of information, additional information, or answers to additional questions to supplement any preliminary information gathering or troubleshooting perfonmed by Tier 1 Help Desk. 4. Tier 2 Support will attempt to resolve the Case submitted by Tier 1 Help Desk. 5. When the Case is resolved, Tier 2 Support will coimmunicate the infonnation to Tier 1 Help Desk, and Tier 1 Help Desk will disseminate the resolution to the user(s). 11/04/2016 Page 474 of 585 6. —ENDORSEMENT AND PUBLICITY This Agreement will not be construed or interpreted as an exclusive dealings agreement or Licensee's endorsement of Products. Either party may publicize the existence of this Agreement. 7.0—ADMINISTRATIVE EREQUIREMENT'S 7.1 OEM Licenses. Under Esri's OEM or Solution OEM programs, OEM partners are authorized to embed or bundle portions of Esri products and services with their application or service. OEM partners' business model, licensing terms and conditions, and pricing are independent of this Agreement. Licensee will not seek any discount from the OEM partner or Esri based on the availability of Products under this Agreement. Licensee will not decouple Esri products or services from the OEM partners' application or service. 7.2 Annual Report of Deployments. At each anniversary date and ninety (90) calendar days prior to the expiration date of this Agreement, Licensee will provide Esri with a written report detailing all Deployments. Upon request, Licensee will provide records sufficient to verify the accuracy of the annual report. 8.0—ORDERING, ADMINISTRATIVE PROCEDURE, S, DELIVERY, AM DEPLOYMENT' 8.1 Orders, Delivery, and Deployment a. Upon the Effective Date, Esri will invoice Licensee and provide Authorization Codes to activate the nondestructive copy protection program that enables Licensee to download, operate, or allow access to the Products. If this is a multi-year Agreement, Esri may invoice the Fee thirty (30) calendar days before the annual anniversary date for each additional year. b. Undisputed invoices will be due and payable within thirty (30) calendar days from the date of invoice. Esri's federal ID number is 95-2775-732. c. If requested, Esri will ship backup media to the ship - to address identified on the Ordering Document, FOB Destination, with shipping charges prepaid. Licensee acknowledges that should sales or use taxes become due as a result of any shipments of tangible media, Esri has a right to invoice and Licensee will pay any such sales or use tax associated with the receipt of tangible media. 8.2 Order Requirements. Esri does not require Licensee to issue a purchase order. Licensee may submit a purchase order in accordance with its own process requirements, provided that if Licensee issues a purchase order, Licensee will submit its initial purchase order on the Effective Date. If this is a multi-year Agreement, Licensee will submit subsequent purchase orders to Esri at least thirty (30) calendar days before the annual anniversary date for each additional year. a. All orders pertaining to this Agreement will be processed through Licensee's centralized point of contact. b. The following information will be included in each Ordering Document: (1) Licensee name; Esri customer number, if known; and bill -to and ship -to addresses (2) Order number (3) Applicable annual payment due .0—MERGERS, ACQUISITIONS, OR DIVESTITURES If Licensee is a coimmercial entity, Licensee will notify Esri in writing in the event of (i) a consolidation, merger, or reorganization of Licensee with or into another corporation or entity; (ii) Licensee's acquisition of another entity; or (iii) a transfer or sale of all or part of Licensee's organization (subsections i, ii, and iii, collectively referred to as "Ownership Change"). There will be no decrease in Fee as a result of any Ownership Change. 9.1 If an Ownership Change increases the cumulative program count beyond the maximum level for this Agreement, Esri reserves the right to increase the Fee or teriminate this Agreement and the parties will negotiate a new agreement. 9.2 If an Ownership Change results in transfer or sale of a portion of Licensee's organization, that portion of Licensee's organization will transfer the Products to Licensee or uninstall, remove, and destroy all copies of the Products. 9.3 This Agreement may not be assigned to a successor entity as a result of an Ownership Change unless approved by Esri in writing in advance. If the assignment to the new entity is not approved, Licensee will require any successor entity to uninstall, remove, and destroy the Products. This Agreement will tenminate upon such Ownership Change. Page 5 of 5 11/04/2016 Page 475 of 585 • SOLE SOURCE LETTER Environmental Systems Research Institute, Inc. (Esri) 380 New York Street Redlands, CA 92373 E-mail: jricks@esri.com DATE: June 8, 2016 TO: To Whom It May Concern RE: Esri Sole Source Justification for Geographic Information System Software This letter confirms that Esri, as owner and manufacturer, is the sole -source provider of software maintenance (technical support plus Esri software updates/upgrades) for Esri products. Esri is the sole -source provider of the following Esri products in the commercial, state, and local government marketplace: • ArcGIS for Desktop & Extensions Subscription (Basic, Advanced, Standard) • ArcGIS for Aviation Bundle • ArcGIS for Desktop Advanced • ArcGIS for Desktop Standard • ArcGIS for Maritime Bundle • ArcGIS for Server and extensions • ArcGIS Online (excluding data owned by 3 d party providers) • ArcGIS Runtime and Extensions • Certain proprietary training courses • Esri Business Analyst Online • Esri Business Analyst Server • Esri Community Analyst • Esri Defense Mapping Bundle • Esri Developer Network (EDN) subscriptions • Esri MapStudio • Esri Maps Products • Esri Roads and Highways • Esri Services Packages • Portal & Hosted Portal for ArcGIS In an effort to support diversity in federal contracting, Esri has authorized certain small businesses (see GSA Advantage! for details) as resellers of the following Esri products to eligible entities purchasing under a GSA Schedule. Esri GSA resellers cannot sell Esri software to state or local entities: • ArcGIS for Aviation • ArcGIS for Desktop Advanced • ArcGIS for Desktop Standard • ArcGIS for Maritime: Bathymetry • ArcGIS for Maritime: Charting • ArcGIS for Server and extensions • Esri Business Analyst Server • Esri Defense Mapping • Esri Production Mapping Esri distributes certain software licenses, excluding those listed above, through open -market value-added resellers and distributors. If you have further questions, please contact me at 909-793-2853, extension 1-1990. Y i e Ricky J-8933 Page 1 of 1 6/8/2016 Page 476 of 585 11.A. UNFINISHED BUSINESS 5/16/2017 REQUESTED ACTION BY COMMISSION: Receive staff update on the group homes moratorium and corresponding zoning study. EXPLANATION OF REQUEST: On January 17, 2017 the City Commission adopted Ordinance No. 16-025 thereby establishing a moratorium on the processing of and issuance of licenses, business tax receipts, development orders, certificates of use or permits for all group homes in the City until June 4th. This moratorium supported Resolution R16-165, and Notice of I ntent 2016-165 for "Zoning in Progress" and a study period to involve the evaluation of the City's Zoning and Land Development Regulations, applicable Federal Laws, and processes related to regulating group housing. The moratorium, unless extended, will expire on June 4th. Objectives of the study have included the following: • To determine the extent that local regulations can contribute to the regulatory system intended to protect group home residents including persons in drug and alcohol treatment programs; • To maintain compliance with Federal requirements that protect persons with disabilities: and, • To maintain the quality of single-family neighborhoods in order to meet the needs and expectations of local residents including both the conventional family and group home family. Staff is currently finishing the analysis and drafting proposed amendments to the Land Development Regulations including application requirements for review by the Planning & Development Board on May 23, 2017. Subsequent to review by the Board the proposed amendments would be forwarded to the City Commission on June 20th. Of most significance, the proposed amendments include a requirement for certification of all sober houses by FARR, and a very reasonable distance separation standard of 300 feet (to be applied to all types of group homes. The amendments would also include an increase in the parking standard applicable to all single-family homes, maximum yard area to be used for vehicle parking, along with required adjustments in definitions and the Zoning Matrix. The attached memorandum provides further explanation of staff findings and justification for certain recommended amendments to the Land Development Regulations. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: N/A ALTERNATIVES: None recommended STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A Page 477 of 585 CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Addendum Staff Update Memo REVIEWERS: Department Reviewer Action Planning and Zoning Rumpf, Michael Approved Planning and Zoning Mack, Andrew Approved Planning and Zoning Groff, Colin Approved Finance Howard, Tim Approved Legal Swanson, Lynn Approved City Manager LaVerriere, Lori Approved Page 478 of 585 TO: Lori LaVerriere City Manager THROUGH: Andrew Mack Development Director FROM: Michael Rumpf Planning and Zoning Director DATE: May 9, 2017 RE: Update report on the group homes moratorium and corresponding zoning study. OVERVIEW On January 17, 2017 the City Commission adopted Ordinance No. 16-025 thereby establishing a moratorium on the processing of and issuance of licenses, business tax receipts, development orders, certificates of use or permits for all group homes in the City until June 4th. This moratorium supported Resolution R16-165, and Notice of Intent 2016-165 for "Zoning in Progress" and a study period to involve the evaluation of the City's Zoning and Land Development Regulations, applicable Federal Regulations, and processes related to group housing. The moratorium, unless extended, will expire on June 4th Objectives of the study have included the following: • To determine the extent that local regulations can contribute to the regulatory system intended to protect group home residents including persons in drug and alcohol treatment programs; • To maintain compliance with Federal requirements that protect persons with disabilities; and • To maintain the quality of single-family neighborhoods in order to meet the needs and expectations of local residents including both the conventional family and group home family. Protection of residents within "sober homes" and compliance with Federal Laws Accommodating sober homes in the community supports an important step in the care of individuals being treated for addictions to drugs and/or alcohol. Unfortunately, this step has BE Page 479 of 585 been a magnet for unscrupulous landlords, sober home operators and service providers who are essentially exploiting patients in order to maximize a profit. Despite the fact that this problem involves "disabled" persons who have special living, medical, counseling and social needs, there is currently no regulatory system or oversight to ensure that such needs are met. Essentially anyone can rent their house out for sober home use, or anyone can rent a house to operate a sober home. Documented incidences involving emergency medical calls, neighborhood disturbances, and insurance fraud motivated consideration of laws at the state level. Local task forces and legislative committees were established to research the problem, provide a conduit for collecting local feedback, and consider and draft laws to regulate this growing problem. The state's involvement continues to increase. After a failed attempt in 2014, state laws were adopted in 2015 that established the voluntary certification program incentivized by limiting referrals of clients from state -licensed treatment/service providers to only those sober homes that are certified by FARR. "FARR" stands for the Florida Association of Recovery Residences. FARR is the agency chosen by the State of Florida to administer the voluntary certification process for participating sober homes. Staff has researched this certification process and interviewed representatives of FARR, as well as reviewed case law and other documents that describe the limitations on and warnings about laws that directly or indirectly impact group homes that house disabled persons. One such document is the very current 2016 Joint Statement of the Department of Housing and Urban Development and Department of Justice on State and Local Land Use Laws and Practices and the application of the Fair Housing Act. Simply written, any regulations and processes established by the City cannot discriminate, by intent or effect, against disabled persons and the City must not interfere with access to housing and treatment services. Interference with such access could lead to a violation of the Americans with Disabilities Act (ADA) and/or Fair Housing Act (FHA). Staff has therefore attempted to maintain proposed regulations and processes that are as neutral as possible in their application. Maintaining quality residential environments Maintaining quality residential neighborhoods is intended to benefit both the conventional family as well as those persons in group housing. Interesting is the fact that the same residential characteristics sought by the average conventional family (e.g. safe, clean, peaceful, social interaction and compatibility, etc.), generally represents the same target environment intended by the FHA and ADA in avoiding institutional settings for mainstreaming persons back into the community. The courts have historically supported government's objective of -2- Page 480 of 585 maintaining the single-family character of a neighborhood. Supreme Court Justice Douglas in 1974 very eloquently described the virtues of a single-family neighborhood as: "A quiet place where yards are wide, people few, and motor vehicles restricted are legitimate guidelines in land -use project addressed to family needs... The police power is not confined to elimination of filth, stench, and unhealthy places. It is amply to lay out zones where family values, youth values, and the blessing of quiet seclusion and clean air make the area a sanctuary for people." Although this case involved support for the traditional definition of a family within local zoning regulations, the emphasis of the Supreme Court in its review of Village of Belle Terre v. Boraas was on its support for the objective of government to maintaining the single-family character of a neighborhood. Justice Douglas described both the tangible and intangible characteristics that comprise the single-family neighborhood. Other cities in addition to Boynton Beach have experienced "worst case" examples of group homes impacting residential neighborhoods, whether involving emergency calls, overdoses, and arrests of operators, or increased traffic and other nuisances. On Riviera Drive in Boynton Beach, where there were three (3) sober houses operating simultaneously on this short cul-de- sac/dead end street, traffic volumes were counted in excess 200% of the average daily volume for a single-family neighborhood (based on the nationally -recognized standards of the ITE). With respect to emergency calls, this small neighborhood generated twice the emergency calls than a neighborhood of similar size and design that contained no operating group homes. This data was collected as part of the review and response to a request for reasonable accommodation to increase the number of allowed residents from 6 to 12. This data was collected in December, 2015 and is being used to support the proposed amendments to the Land Development Regulations which may conflict with federal guidelines and the safe and conservative direction taken to regulate group homes. While distance separation standards have been found in violation of the FHA or ADA as it places a standard on housing for the disabled that is not applicable to all homes, the above -referenced data indicates that the clustering of group homes in certain circumstances can generate measurable negative impacts that deteriorate the fabric and expected quality of life in a given neighborhood. It would also appear that most spacing requirements that have been challenged have not been reasonable. In addition to traffic and emergency calls, such uses also have the potential to exceed the parking capacity of a single-family parcel. Driving -age residents of a group home can total 5 or 6 (as long as the group home Is not exceeding the maximum persons standard). This excludes visitors, transport vehicles, counselors and overseers for the home. Given that the LDR only requires a minimum of 2 parking spaces per single family house, parking shortages are very possible, and can lead to excess parking on unimproved surfaces (i.e. front or side yards) or along the street. -3- Page 481 of 585 PENDING REGULATIONS & SCHEDULE Staff is currently finishing the analysis and drafting proposed amendments to the Land Development Regulations including application requirements for review by the Planning & Development Board on May 23, 2017. Then, in ordinance format, the proposed amendments would be forwarded to the City Commission on June 20th. Of most significance, the proposed amendments include a requirement for certification of all sober houses by FARR, and a very reasonable distance separation standard of 300 feet to be applied to all types of group homes (it should be noted that Florida Statutes requires at least 1,000 feet between community residential homes which is a standard that many cities have used in regulating group homes). The amendments would also include an increase in the parking standard applicable to all single-family homes, maximum yard area to be used for vehicle parking, along with required adjustments in definitions and the Zoning Matrix. S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEW\Group homes, sober houses, etc\NOI 2016\Staff Update Report.doc _E Page 482 of 585 12.A. NEW BUSINESS 5/16/2017 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 17-012 - FIRST READING - Approve the updated Chronic Nuisance Property Code. EXPLANATION OF REQUEST: Some real properties require disproportionate police, fire, and code enforcement services and cause an unnecessary burden on tax payers of the City. Since property owners are ultimately responsible for the conduct and actions that occur on their property, disproportionate calls for service are an indication that the properties are not being managed properly. It is in the best interests of the health, safety, and welfare of the citizens and residents of the City to adopt an ordinance to identify and address properties that are not properly managed and/or maintained and which burden adjacent properties and the City. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Through a combined effort between City departments, a partnership will be created with owners to address the negative results caused by chronic nuisance activities and address excessive calls for service to the Police and Fire Departments. FISCAL IMPACT: Non -budgeted Non -budgeted. ALTERNATIVES: Reject proposed ordinance. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Page 483 of 585 Type Description D Ordinance Chronic Nuisance Ordinance REVIEWERS: Department Reviewer Action Date Police Katz, Jeff Approved 4/27/2017 ® 4:15 PM Legal Swanson, Lynn Approved 5/9/2017 ® 4:57 PM Finance Howard, Tim Approved 5/9/2017 ® 6:20 PM City Manager LaVerriere, Lori Approved 5/9/2017 ® 7:23 PM Page 484 of 585 I 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 ORDINANCE NO. - AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING CHAPTER 15 OF THE CITY'S CODE OF ORDINANCES; DELETING ARTICLE VIII IN ITS ENTIRETY AND REPLACING IT WITH A NEW ARTICLE VIII TO BE ENTITLED: "CHRONIC NUISANCE PROPERTY CODE"; PROVIDING A STATEMENT OF LEGISLATIVE INTENT; PROVIDING FOR IDENTIFYING PROPERTIES THAT ATTRACT OR ALLOW NUISANCE ACTIVITIES; REQUIRING CORRECTIVE ACTION BY PROPERTY OWNERS; PROVIDING PROCEDURES FOR ENFORCEMENT; PROVIDING FOR NOTICE, HEARING RIGHTS AND APPEALS; PROVIDING FOR ASSESSMENT AND RECOVERY OF COSTS, FINES AND FEES RELATED TO ENFORCEMENT; PROVIDING FOR LEVY AND COLLECTION OF NON -AD VALOREM ASSESSMENTS PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the City Commission finds that there is a relative amount of police use, fire rescue and community standards services use to which each parcel of real property is entitled as a taxpayer of the City; and WHEREAS, the City Commission also finds that some real properties, hereinafter described as "chronic nuisance properties" require disproportionate police, fire rescue, and community standards services and cause an unnecessary burden on those public services and therefore on all taxpayers of the City; and WHEREAS, property owners are ultimately responsible for the conduct and actions that occur on their property; and WHEREAS, properties with disproportionate service calls are an indication that such properties are not being properly managed and/or maintained; and WHEREAS, the City Commission, deems it appropriate and in the best interests of the health, safety and welfare of the citizens and residents of the City of Boynton Beach to adopt a CHRONIC NUISANCE PROPERTY CODE to identify and address properties that are not properly managed and/or maintained and which burden adjacent properties and the City. {00177057.8 306-9001821} 1 Page 485 of 585 37 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE 38 CITY OF BOYNTON BEACH, FLORIDA, THAT: 39 Section 1. The foregoing "Whereas" clauses are true and correct and 40 incorporated herein by this reference. 41 Section 2. Article XIII, of Chapter 15 of the City's Code of Ordinances is hereby 42 created to read as follows: 43 Section 15-001 Statement of Legislative Intent: 44 Chronic nuisance properties present health, safety and quality of life concerns and exist 45 when the persons responsible for such properties fail to take corrective action to abate 46 nuisance activities or a nuisance condition. Chronic nuisance properties have a 47 significant adverse effect on the quality of life, safety and health of the neighborhoods 48 where they are located. Chronic nuisance properties are a financial and operational 49 burden to the City by generating repeated calls for service to the properties. Chronic 50 nuisance properties adversely affect the value of adjacent properties. The Boynton 51 Beach Chronic Nuisance Property Code is enacted to address and reduce nuisance 52 activities and/or nuisance conditions that disrupt quality of life and repeatedly occur or 53 exist at properties. The nuisance abatement process hereinafter set forth may be used 54 by the City in conjunction with any and all legal actions available to the City. 55 It is the City's intent: 56 1. To identify chronic nuisance activities and chronic nuisance conditions. 57 2. To hold accountable those persons responsible for such nuisance activities 58 and/or conditions on the property. 59 3. To assist victims of crime and penalize those who commit crimes or those who 60 permit conditions to exist that give rise to crime or excessive calls for service to 61 the police and fire departments. 62 4. To establish rules, procedures, and penalties to address property owners that 63 have chronic nuisance issues and fail to take corrective measures. 64 S. To work in partnership with the owners to address the negative results caused 65 by chronic nuisance activities and/or conditions, and to improve the vitality of 66 neighborhoods by addressing excessive calls for service to the police and fire 67 departments. {00177057.8 306-9001821} 2 Page 486 of 585 68 6. To encourage owners and operators to cooperate by classifying calls for service 69 made by the owners or operators which demonstrate their commitment to abate 70 nuisance activities and/or conditions on their property such that the self - 71 reported activities will not be included as nuisance activity responses. 72 7. To establish the cost of City response and enforcement services to the property 73 owners identified as owning chronic nuisance properties. 74 Section 15-0002 Definitions 75 (a) Action Plan. A plan prepared by the City, incorporated in the Nuisance Abatement 76 Agreement, and agreed to by the owner to address and eliminate nuisance activity 77 on the owner's property by the implementation of proactive steps by the property 78 owner. 79 (b) Chronic nuisance property. A property on which one or more continuing nuisance 80 activities occurs or re -occurs. 81 (c) Chronic Nuisance Services. Remedial action(s) taken by the City to eliminate or 82 mitigate a nuisance condition that threatens public health, safety, or welfare. 83 (d) Nuisance activity. Nuisance activity or nuisance means any activities relating to the 84 following violations, whenever engaged in by the property owner, operator. agent. 85 tenant, or invitee of the property owner, operator, agent or tenant: 86 1. Chapter 3 - alcoholic beverages. 87 2. Chapter 15, article I - noise control regulations. 88 3. Chapter 15, article VIII -criminal street gang injunction. 89 4. Chapter 15, article X -sexual offender residency prohibition. 90 5. F.S. 767.121- dangerous dogs. 91 6. F.S. § 790.15() -discharging firearm in public. 92 7. F.S. § 796.06 - renting space to be used for prostitution. 93 8. F.S. § 796.07 - prostitution. 1 All references to Florida Statute are to Florida Statutes 2016 or as amended thereafter. }00177057.8 306-9001821} 3 Page 487 of 585 94 9. F.S. § 800.03 - exposure of sexual organs. 95 10. F.S. § 806.13 - criminal mischief. 96 11. F.S. § 810.08 - trespass in structure or conveyance. 97 12. F.S. § 810.09 - trespass on property other than structure or conveyance. 98 13. F.S. 812.014 - theft. 99 14. F.S. § 812.019 - dealing in stolen property. 100 15. F.S. 812.173 - convenience business security. 101 16. F.S. 823.01 - nuisances. 102 17. F.S. 828.12 - cruelty to animals. 103 18. F.S. 856.011 - disorderly intoxication. 104 19. F.S. § 856.015 - open house parties. 105 20. F.S. § 856.021 - loitering or prowling. 106 21. F.S. § 856.022 - loitering or prowling in close proximity to children. 107 22. F.S. ch. 874 - criminal gang enforcement and prevention. 108 23. F.S. § 877.03 - breach of the peace: disorderly conduct. 109 24. F.S. ch. 893 - any offense under the Florida Comprehensive Drug Abuse 110 Prevention & Control Act, including but not limited to public nuisances as defined 111 by §893.138. 112 25. Any other offense under state or federal law that is punishable by a term of 113 imprisonment exceeding one year. 114 26. Two (2) or more calls for service within a period of thirty (30) calendar days to 115 the same property for police, fire, medic, or other emergency personnel to assist 116 an individual who displays the symptoms of an overdosed of a controlled 117 substance. 118 fel Nuisance Abatement Agreement. An agreement entered into between the City and {00177057.8 306-9001821} 4 Page 488 of 585 119 property owner that contains an "Action Plan" to be implemented by the property 120 owner to address and abate the nuisance activity. 121 ffl Nuisance Condition. Any temporary or permanent condition on the property which 122 arises from nuisance activity. 123 fg) Operator. Any agent: employee: property manager: tenant: sub -tenant: contractor: 124 sub -contractor: licensee: invitee: or other individual or entity that is authorized by 125 the property owner to supervise, manage, or otherwise control any activities which 126 may occur on the property. 127 (h) Pattern of nuisance activi , . Real property shall be deemed to exhibit a pattern of 128 nuisance activity when: 129 (1) The police department has responded to three or more nuisance activities at the 130 property within 30 days: or 131 (2) The police department has responded to seven or more nuisance activities at 132 the property within six months: or 133 (3) An alcoholic beverage establishment that employs private security is located on 134 the property and the police department has responded to five or more nuisance 135 activities at the property within 30 days or 20 or more nuisance activities at the 136 property within six months: or 137 (4) There is a failure to correct code violations by the time ordered by the special 138 magistrate in any order entered pursuant to section 26-77 of this Code. 139 Section 15-003 Construction and application. 140 (a) Pattern of nuisance activity will not be construed to include: 141 (1) A nuisance activity where the property owner, operator, agent, tenant, or 142 invitee of the property owner, agent or tenant is the victim of a crime: or 143 (2) A complaint or call for service to which the police department responded and 144 determined that no violation was committed. 145 (3) A Domestic violence call. {00177057.8 306-9001821} Page 489 of 585 146 Section 15-004 Separate occurrences. 147 (a) For purposes of this article, each day that the police department responds to a 148 nuisance activity at the property shall be a separate occurrence. 149 Section 15-005 Declaration of Chronic Nuisance : Action Plan. 150 (a) If a pattern of nuisance activity exists upon real property, the City may declare 151 the property to be a chronic nuisance property. The City's Declaration of Chronic 152 Nuisance shall be sent to the property owner by hand delivery or certified mail. 153 return receipt requested, to the address listed on the ad valorem tax roll. The 154 City's Declaration of Chronic Nuisance constitutes a Notice of Violation which. if 155 unaddressed in an executed Nuisance Abatement Agreement, may be prosecuted 156 by the City before the City's Special Magistrate. 157 (b) Mailing to the property owner at the address listed on the ad valorem roll shall be 158 prima facie proof of delivery. Notice shall also be posted at the property where 159 the nuisance activities occurred. Removal of the posted Notice without written 160 approval from the City is prohibited. The Declaration of Chronic Nuisance shall be 161 sent with at least the following information: 162 (1) A reference to chapter 15, article XIII (the "City of Boynton Beach Chronic 163 Nuisance Property Code" ): 164 (2) The address and parcel control number of the property;, 165 (3) The dates that the nuisance activities occurred at the property; 166 (4) A description of the nuisance activities: 167 (5) A proposed Nuisance Abatement Agreement which outlines the corrective 168 action to be taken by the property owner to remedy the nuisance activity. 169 (7) A statement that the property owner's failure to enter into the Nuisance 170 Abatement Agreement within 15 days of the Declaration of Chronic Nuisance 171 will result in a violation of this Article and further prosecution and enforcement 172 action by the City before the City's Special Magistrate or by other legal actions 173 available to the City: {00177057.8 306-9001821} Page 490 of 585 174 (8) A statement that the costs of any chronic nuisance services provided by the City 175 to a property that has been declared to be a Chronic Nuisance may be levied 176 against the property as a non -ad valorem assessment superior to all other 177 private rights, interests, liens, encumbrances, titles and claims upon the 178 property and equal in rank and dignity with a lien for ad valorem taxes: and 179 (9) A statement that unpaid assessments may be certified to the tax collector for 180 collection pursuant to the uniform method provided in F.S. § 197.3632. 181 (10) A warning that the posted notice cannot be removed except with written 182 permission from the City. 183 (c) A Nuisance Abatement Agreement shall set forth a Corrective Action Plan with 184 specific measures that the property owner must take to curtail or eliminate the re - 185 occurrence of nuisance activities at the property. The Nuisance Abatement 186 Agreement shall contain a timetable for corrective action. The Corrective Action 187 Plan may include abatement measures which must be taken by the property owner 188 such as: 189 (1) Commencement of an eviction action by the property owner pursuant to 190 Chapter 83 Florida Statutes to remove from the property those individuals 191 engaged in the nuisance activity: 192 (2) Implementation of "crime prevention through environmental design" (CPTED� 193 measures: 194 (3) Frequency of site visits and inspections by the owner or owner's agents at 195 various times of both day and night: 196 (4) Hiring of property management: 197 (5) Hiring of private security; 198 (6) Installation of security cameras: 199 (7) Use of a written lease agreement which delineates prohibited tenant or tenant 200 invitee conduct: {00177057.8 306-9001821} 7 Page 491 of 585 201 (8) Criminal background checks for prospective tenants and lease renewals: 202 (9) Posting of "no trespassing" signs at the property and execution of a "no trespass 203 affidavit" authorizing the police department to act as an agent of the property 204 owner to enforce trespass statutes on the property: 205 (10) Regular requests to the police department for offense and incident reports 206 relating to the property. Reports are available through the records custodian of 207 the police department records division; 208 (11) Written documentation of any and all efforts to curtail or eliminate the re - 209 occurrence of nuisance activities on the property; 210 (12) Other action that the City determines is reasonably sufficient to curtail or 211 eliminate the re -occurrence of nuisance activities on the property. 212 (d) The City may agree to modify the proposed or finalized Nuisance Abatement 213 Agreement when the property owner demonstrates that modification will improve 214 nuisance abatement action. 215 (e) When a Nuisance Abatement Agreement is entered into, a memorandum of 216 agreement specifying the property address shall be recorded by the City in the 217 official records of Palm Beach County Florida. 218 (fl The City will periodically monitor the property to assure compliance for a period of 219 one (1l year following execution of the Agreement. If the property owner complies 220 with the Agreement, as determined by the City, the Declaration of Chronic Nuisance 221 will be rescinded, the City will issue and record a Notice of Compliance related to 222 the Memorandum of Agreement that was previously recorded, and no further action 223 by the property owner shall be required. The City may require the property owner 224 to enter into a new Agreement if a nuisance activity re -occurs. 225 (g) If the City determines during the monitoring period that the Action Plan is not 226 adequate to curtail or eliminate the re -occurrence of nuisance activities on the 227 property. the City may require the property owner to revise the Action Plan. The 228 determination as to whether or not the monitoring period is adequate is in the sole {00177057.8 306-9001821} Page 492 of 585 229 and exclusive discretion of the City. based on the totality of the circumstances for 230 the specific property. 231 Section 15-006 Refusal To Sign or Violation of Agreement. 232 (a) When a property owner refuses to timely enter into a Nuisance Abatement 233 Agreement or subsequently violates the terms of an Agreement, the City may 234 prosecute its Declaration of Chronic Nuisance at a hearing before the City's Special 235 Magistrate. 236 (b) A request for hearing shall be filed by the Director of Community Standards or 237 designee with the City within 15 days from the deadline for entry into a Nuisance 238 Abatement Agreement or the violation of a provision of the Agreement or Action 239 Plan. 240 (c) The Citv shall schedule a hearing before the City's Special MaL-istrate. The hearin 241 shall be limited to the review of the record or evidence upon which the City based 242 the Declaration of Chronic Nuisance or the failure by the property owner implement 243 the Agreement/Action Plan and any rebuttal offered by the property owner. All 244 testimony shall be under oath and the City and property owner shall be afforded the 245 opportunity to call or cross -exam any witness. 246 (fl After hearing the testimony and evidence, the Special Magistrate shall either uphold 247 or reject (i) the City's Declaration of Chronic Nuisance or(ii) the notice of violation 248 regarding the Action Plan, as appropriate. 249 (g) The decision of the Special Magistrate shall be in writing and shall be deemed final. 250 (h) If the special magistrate upholds the notice of violation, the special magistrate shall 251 enter a Chronic Nuisance Order which shall: 252 (1) Contain findings of fact establishing a pattern of nuisance activity and a 253 violation of this article: 254 (2) Authorize the City to provide chronic nuisance services to the property; 255 (3) Authorize the City to bill the costs of any chronic nuisance services to the owner 256 of the chronic nuisance property: {00177057.8 306-9001821} Page 493 of 585 257 (4) Provide for the mailing of a copy of the chronic nuisance service order by first 258 class mail to any mortgagee of record. Failure to provide a copy of the chronic 259 nuisance service order to a mortgagee of record shall not operate to release or 260 discharge any obligation under this article or otherwise affect the validity of a 261 chronic nuisance service order; 262 (5) Provide for the recording of a certified copy of the Magistrate's chronic nuisance 263 service order in the public records; and 264 (6) Provide for continuing jurisdiction over the chronic nuisance property. 265 (i) If the Special Magistrate rejects the City's Declaration of Chronic Nuisance of chronic 266 nuisance notice of violation, the Special Magistrate shall identify the factual, 267 procedural or legal error upon which the decision is based. 268 (k) An Order rejecting the City's Declaration of Chronic Nuisance shall not bar the City 269 from recommencing the chronic nuisance process. 270 Section 15-007 Appeal of Orders of Special Magistrate 271 The property owner or the City may appeal a final order of Special Magistrate to the 272 circuit court of Palm Beach County. Such an appeal shall not be a hearing de novo. 273 but shall be limited to appellate review of the record created before the Special 274 Magistrate. An appeal shall be filed within thirty (30) days of the execution of the 275 order to be appealed. 276 Section 15-008 Finality and Duration of a chronic nuisance order. 277 (a) Finality of Special Magistrates order. An order is final 30 days following entry. 278 Entry means the order is signed by the Special Magistrate and filed with the Citv 279 Clerk. 280 (b) Duration of Chronic Nuisance Order. The chronic nuisance order entered in 281 accordance with this section shall be terminated by subsequent Order of the 282 Special Magistrate when either the City or the Property Owner request 283 reconsideration of the original Order and the Magistrate finds that the nuisance 284 activities have been abated at the property for a period of one year. It is the {00177057.8 306-9001821} 10 Page 494 of 585 285 responsibility of the Property Owner to contact the City to document the 286 abatement. If the City determines that the nuisance has been abated, the one-year 287 time period specified herein shall commence as of the date of the City's 288 abatement determination. 289 Section 15-009 Abatement of chronic nuisances: provision of services: 290 apportionment. 291 (a) Abatement by City. The nronerty owner is responsible for abatement of nuisances 292 on the property. In those circumstances when City staff, in consultation with the City 293 Attorney's Office, determines that conditions exist on the property that constitute 294 health and safety issues and the property owner has not taken remedial action, the 295 City may act in the interest of public health safety and welfare and take remedial 296 action. Example: the retention of stagnant water in pools, ponds, pots. or 297 containers that can serve as breeding sites for mosquitoes. The City may also take 298 abatement action when authorized to take action by a Special Magistrate or Lge. 299 The City's cost of taking remedial action shall be billed to the property owner and 300 such costs may be collected by the City by any legal means. 301 (b) Apportionment. City incurred costs in providing remedial action shall be entirely 302 apportioned to the assessed real property receiving the remedial service. 303 Section 15-010 Establishment of costs: billing of costs: notice of delinquency: 304 (a) Chronic nuisance service or remediation costs are established by City Commission 305 Resolution. 306 (b) Billing of chronic nuisance service or remediation costs. The City shall bill the 307 owner(s) of the chronic nuisance property by first class mail to the address listed on 308 the ad valorem tax roll. When there are multiple owners of a property, the City need 309 only bill one of the owners. The bill shall contain at least the following information: 310 (1) The address and parcel control number of the chronic nuisance property; 311 (2) The date of each chronic nuisance service: 312 (3) A brief description of each chronic nuisance service: {00177057.8 306-9001821} 11 Page 495 of 585 313 (4) The amount of the bill for each chronic nuisance service: 314 (5) A statement that the total amount of the bill shall be paid to the City within 30 315 days from the date of the bill and that any chronic nuisance service or 316 remediation cost which has not been paid within 30 days from the date of the 317 bill shall be delinquent: 318 (6) A statement that that any unpaid chronic nuisance service or remediation costs 319 will be levied against the property as a non -ad valorem assessment superior to 320 all other private rights, interests, liens, encumbrances, titles and claims upon 321 the property and equal in rank and dignity with a lien for ad valorem taxes: and 322 (7) A statement that unpaid assessments may be certified to the tax collector for 323 collection pursuant to the uniform method provided in F.S. § 197.3632. 324 (c) Notice of delinauencv. The total amount of the bill shall be raid to the Citv within 30 325 days from the date of the bill. Any chronic nuisance service or remediation cost 326 which has not been paid within 30 days from the date of the bill shall be delinquent. 327 If the property owner fails to pay the total amount of the bill within 30 days from 328 the date of the bill. the City shall notify the property owner of the delinquency. The 329 notice of delinquency shall be by first class mail to the address listed on the ad 330 valorem tax roll and shall contain at least the following information: 331 (1) The address and parcel control number of the property;, 332 (2) The amount of the delinquent billings, individual and total: 333 (3) A statement that that any unpaid chronic nuisance service costs will be levied as 334 a non -ad valorem assessment superior to all other private rights, interests, 335 liens, encumbrances, titles and claims upon the property and equal in rank and 336 dignity with a lien for ad valorem taxes: and 337 (4) A statement that unpaid assessments may be certified to the tax collector for 338 collection pursuant to the uniform method provided in F.S. § 197.3632. 339 (d) Construction of chronic nuisance service cost. Chronic nuisance service or costs 340 shall not include any amount attributable to general law enforcement activities or {00177057.8 306-9001821} 12 Page 496 of 585 341 the general enforcement of municipal codes upon a property that has not been 342 declared by the City to be a chronic nuisance and that has not received a chronic 343 nuisance service order from the Special Magistrate. 344 Section 15-011 Method of notice: construction. 345 (a) Notice. Unless otherwise provided, notice required by this article shall be by 346 certified mail, return receipt required and by first class mail to the address listed on 347 the ad valorem tax roll. Notice shall be posted at the property where the nuisance 348 activities occurred. 349 (b) Construction of notice. A property owner shall be deemed to have notice of a 350 nuisance activity if that property owner: 351 (1) has actual knowledge of the nuisance activity;. 352 (2) has received notice of the nuisance activity;. 353 (3) has reason to know about the nuisance activity;. 354 (4) knows about a fact related to the nuisance activity: or 355 (5) is able to ascertain the existence of a nuisance by checking an official filing or 356 recording. ng - 357 (c) The lack of knowledge of, acquiescence, or participation in, or responsibility for a 358 nuisance activity on the part of property owner shall not be a defense to any 359 enforcement of this article. 360 Section 15-012 Change in title to chronic nuisance property. 361 (a) Purchase at judicial sale upon final judgment of foreclosure. Every purchaser of a 362 chronic nuisance property at judicial sale upon final judgment of foreclosure shall 363 provide the City with an Action Plan and implement an Action Plan no later than 45 364 days from the date of sale. 365 (b) Receivership. Every trustee of a chronic nuisance property appointed after the entry 366 of a chronic nuisance service order shall provide the City with an Action Plan and {00177057.8 306-9001821} 13 Page 497 of 585 367 implement the Action Plan no later than 45 days from the date of appointment of 368 receiver in any state or federal action at law. 369 (cl Probate. Every personal representative of an owner of a chronic nuisance property 370 shall provide the City with an Action Plan and implement an Action Plan no later 371 than 45 days from the date of appointment. If the owner of the chronic nuisance 372 property died intestate, beneficiaries of the estate shall be required to provide the 373 City with an Action Plan and implement an Action Plan. 374 (d) Other chances in title to chronic nuisance property. An arms -length purchaser of a 375 chronic nuisance property that has purchased the property after entry of a chronic 376 nuisance service order for the property shall have 45 days from the date of closing 377 or recording of the order, whichever occurs last, to provide the City with a proposal 378 to release or modify a Nuisance Abatement Agreement or Action Plan. Until such 379 time as the City agrees to release or modify an Agreement. the Agreement shall be 380 enforceable as provided herein. 381 (e) To facilitate the transfer of property that is the subject of a chronic nuisance service 382 order or agreement. the City Manager is authorized without the necessity of City 383 Commission action, to modify Nuisance Abatement Agreements, waive the City's 384 rights under a Special Magistrate order, or compromise a fine or assessment owed 385 to the City, provided the City Manager has reasonable assurance the nuisance 386 conditions on the property will be remedied and will not re -occur under the new 387 ownership. 388 Section 15-013 Construction of Article. 389 (a) Levy of special assessments. This Article shall not be construed to limit the City from 390 levying special assessments in accordance with the amendments to the standard 391 unsafe building abatement code, as adopted bythe City. 392 (b) Monthly re -inspection assessments. This Article shall not be construed to limit the 393 City from imposing monthly re -inspection assessments in accordance with chapter 394 9, Article II, of this Code. {00177057.8 306-9001821} 14 Page 498 of 585 395 (cl Imposition of administrative fines. This Article shall not be construed to limit the 396 City from imposing administrative fines in accordance with Chapter 2. Article V. of 397 this Code. 398 (e) Exemptions. This article shall not be construed to apply to property owned by the 399 City or any other governmental entity. 400 (fl Provision of this article supplemental. Nothing in this article shall be construed to 401 limit the authority of the City to collect special assessments by any other method 402 according to law. 403 Section 15-014 Unpaid chronic nuisance service costs; non -ad valorem 404 assessment. 405 Anv chronic nuisance service costs that remain delinauent and unpaid as of lune 1 of 406 each year shall be a special assessment levied against the benefitted real property as a 407 non -ad valorem assessment superior to all other private rights, interests. liens. 408 encumbrances. titles and claims upon the benefited real nronerty and eaual in rank and 409 dignity with a lien for ad valorem taxes. 410 Section 15-015 Initial assessment roll. 411 (a) Contents of initial assessment roll. The Assistant City Manager -Administrative 412 Services shall, annually, prepare or direct the preparation of an initial assessment 413 roll which shall contain the following: 414 (1) A summary description of all benefited real property with delinquent chronic 415 nuisance service costs to be assessed, conforming to the description contained 416 on the ad valorem tax roll: 417 (2) The name of the owner of the benefited real property as listed on the ad 418 valorem tax roll and maintained on the property appraiser's system; and 419 (3) The amount of the chronic nuisance service costs to be assessed against each 420 parcel of benefited real property. {00177057.8 306-9001821} 15 Page 499 of 585 421 (b) Public inspection of initial assessment roll. The initial assessment roll shall be 422 retained by the City clerk and shall be open to public inspection. The foregoing shall 423 not be construed to require that the assessment roll be in printed form if the 424 amount of the chronic nuisance service assessment for each parcel of benefited real 425 property can be determined by use of a computer terminal available to the public. 426 (c) Notice to property appraiser. A copy of the initial assessment roll shall be provided 427 to the property appraiser and included as a part of the notice of proposed property 428 taxes under F.S. § 200.069, the truth- in-millage notification. 429 Section 15-016 Notice of public hearing. 430 (a) Public hearing. The City Commission shall adopt a non -ad valorem assessment roll 431 at a public hearing in accordance with F.S. § 197.3632. 432 (b) Notice by mail. The City shall notice the hearing related to the initial assessment roll 433 by first class mail. The notice by mail shall be sent to each person owning property 434 subject to the assessment and shall include the following information: 435 (1) The purpose of the assessment: 436 (2) The total amount to be levied against each parcel of assessed real property; 437 (3) A statement that failure to pay the assessment will cause a tax certificate to be 438 issued against the property which may result in a loss of title: 439 (4) A statement that all affected property owners have a right to appear at the 440 hearing and to file written objections with the City commission within 20 days 441 of the notice: and 442 (5) The date, time, and place of the hearing. 443 (c) The mailed notice shall conform to the requirements set forth in F.S. § 197.3632. 444 Notice shall be mailed at least 20 calendar days prior to the hearing to each property 445 owner at the address listed on the ad valorem tax roll. Failure of the property owner 446 to receive such notice due to mistake or inadvertence shall not affect the validity of 447 the assessment roll nor release or discharge any obligation for payment of a chronic 448 nuisance service assessment. {00177057.8 306-9001821} 16 Page 500 of 585 449 (d) Notice by publication. The City shall notice the hearing related to the initial 450 assessment roll by publication in a newspaper generally circulated within the 451 county. The published notice shall conform to the requirements set forth in F.S. 452 197.3632 and shall contain at least the following information: 453 (1) Identifying the City;, 454 (2) A geographic depiction of the City boundaries subject to the assessment; 455 (3) A brief and general description of the chronic nuisance services provided; 456 (4) The proposed schedule of the assessment; 457 (5) The fact that the assessment will be collected by the tax collector; 458 (6) A statement that all affected property owners have the right to appear at the 459 public hearing and the right to file written objections within 20 days of the 460 publication of the notice; and 461 (7) A statement that the initial assessment roll is available for inspection at the 462 office of the City clerk and that all interested persons may ascertain the amount 463 to be assessed against a parcel of assessed real property at the office of the City 464 clerk. 465 Section 15-017 Public hearing; adoption of final assessment roll. 466 (a) Public hearing. At the public hearing. the Citv Commission shall receive the written 467 objections and shall hear testimony from all interested persons. The City 468 Commission may adjourn the hearing from time to time. If the City Commission 469 adopts the non -ad valorem assessment roll. the City Commission shall specify the 470 amount of the assessment. Notwithstanding the notices provided for in this Article 471 of the Code. the City Commission may adjust the assessment or the application of 472 the assessment to any assessed real property based on the benefit which the City 473 will provide or has provided to the property. 474 (b) Adoption of final assessment roll. The City Commission may, at the public hearing or 475 at any subsequent meeting of the City Commission, adopt an assessment roll which {00177057.8 306-9001821} 17 Page 501 of 585 476 shall confirm, modify, or repeal the initial assessment roll with such amendments. if 477 any, as the City Commission deems equitable. 478 (c) Legislative determination of special benefit and fair apportionment. The adoption of 479 the final assessment roll by the City Commission shall constitute a legislative 480 determination that all assessed parcels of real property derive a special benefit from 481 the chronic nuisance services provided by the City and a legislative determination 482 that the assessments are fairly and reasonably apportioned to the properties. 483 Section 15-018 Lien of chronic nuisance service assessments. 484 Upon the adoption of the final assessment roll, all chronic nuisance service assessments 485 shall constitute a perfected lien against the assessed real property superior to all other 486 private rights, interests, liens, encumbrances, titles and claims upon the property and 487 equal in rank and dignity with a lien for ad valorem taxes. 488 Section 15-019 Correction of errors and omissions. 489 (a) Validity of assessment. Any informality or irregularity in the proceedings in 490 connection with the levy of a chronic nuisance service assessment shall not affect 491 the validity of the assessment after approval by the City Commission. A chronic 492 nuisance service assessment as finally approved by the City Commission shall be 493 competent evidence that the assessment was duly levied, made and adopted. and 494 that all other proceedings were duly taken. No act of error or omission on the part of 495 the property appraiser, tax collector. Assistant City Manager -Administrative 496 Services (or designee), or other employee of the City shall operate to release or 497 discharge any obligation for payment of a chronic nuisance service assessment 498 imposed by the City under this article. 499 (b) Correction of errors by director of financial services. Prior to the delivery of the 500 assessment roll to the tax collector in accordance with F.S. § 197.3632, the Assistant 501 City Manager -Administrative Services (or designee)shall have the authority at any 502 time to correct any error or omission in applying the assessment to any particular 503 parcel of assessed real property not otherwise requiring the provision of notice {00177057.8 306-9001821} Page 502 of 585 504 pursuant to F.S. § 197.3632. Any such correction shall be considered valid ab initio 505 and shall not affect the enforcement of the chronic nuisance service assessment. Anv 506 such correction shall be processed by the Assistant City Manager -Administrative 507 Services (or designee) and not the property appraiser or tax collector. 508 Section 15-020 Method of collection. 509 Unless otherwise directed by the City Commission, chronic nuisance service 510 assessments shall be collected pursuant to the uniform method provided in F.S. 511 197.3632. Any required hearing or notice may be combined with any other hearing or 512 notice required by F.S. § 197.3632 or other provision of law. 513 Section 15-021 Alternative method of collection. 514 (a) In lieu of using F.S. 197.3632, the City may elect to collect a chronic nuisance 515 service assessment by any other method authorized by law or under the alternative 516 collection method provided by this section. 517 (b) The Citv shall have the richt to foreclose and collect all delinauent chronic nuisance 518 service assessments in the manner provided by law for the foreclosure of mortgages 519 on real property. All costs, fees and expenses, including reasonable attorney fees 520 and title search expenses, related to any foreclosure action shall be included in any 521 Judgment or decree rendered 522 Section 3. City Staff is authorized to take all steps necessary to effectuate the 523 intent of this ordinance. 524 Section 4. All Ordinances or parts of Ordinances, Resolutions or parts of 525 Resolutions in conflict herewith be and the same are hereby repealed to the extent of 526 such conflict. 527 Section S. Should any section or provision of this Ordinance or any portion 528 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall 529 not affect the remainder of this Ordinance. 530 Section 6. It is the intention of the City Commission of the City of Boynton 531 Beach that the provisions of this Ordinance shall become and be made a part of the Code {00177057.8 306-9001821} 19 Page 503 of 585 532 533 534 535 536 537 538 539 540 541 542 543 544 545 546 547 548 549 550 551 552 553 554 555 556 557 558 559 560 561 562 563 564 565 566 567 of Ordinances of the City of Boynton Beach, Florida. The Sections of this Ordinance may be renumbered, re -lettered and the word "Ordinance" may be changed to "Section", "Article" or such other word or phrase in order to accomplish such intention. Section 7. This Ordinance shall become effective upon adoption. FIRST READING this day of 2017. SECOND, FINAL READING AND PASSAGE this day of .2017. CITY OF BOYNTON BEACH, FLORIDA ATTEST: Judith A. Pyle, CMC City Clerk (Corporate Seal) {00177057.8 306-9001821} Mayor - Steven B. Grant Vice -Mayor- Justin Katz Commissioner -Mack McCray Commissioner - Joe Casello Commissioner - Christina L. Romelus 20 VOTE YES NO Page 504 of 585 12. B. NEW BUSINESS 5/16/2017 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R17-050 -Authorize the Mayor to sign an I nterlocal Agreement between the City of Boynton Beach and Boynton Beach Community Redevelopment Agency (CRA) for the CRA partial funding of the Director of Economic Development and Strategy for FY 16/17 for an amount not to exceed $23,795. EXPLANATION OF REQUEST: AGREEMENT PERIOD: April 1, 2017 - September 30, 2017 At the May 9, 2017 CRA Board meeting an I nterlocal Agreement between the CRA and the City was approved to provide partial funding of the Director of Economic Development and Strategy position for the FY 16/17. In recent Strategic Planning activities, the City Commission and CRA have prioritized a program initiative focused on community wealth building, citizen engagement and the creation of a more economically equitable workforce. The first step in the implementation of this initiative was the City hiring David Scott, as the Director of Economic Development and Strategy. Economic development and strategy is an initiative for the City including the Community Redevelopment Area, as such staff has determined that part of this effort is able to be identified for the CRA and agrees that the CRA may fund 25% of the Directors salary and benefits for services related to the CRA. Once approved, the City shall invoice the CRA quarterly for direct program expenses as outlined in the ILA. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The City/CRA Economic Development and Strategy Program aims to promote a health and vibrant community through locally -based, regionally -driven economic development that will improve the quality of life for area residents and to increase private investment within the City including the Community Redevelopment Area. FISCAL IMPACT: Budgeted CRA will reimburse the City up to a maximum of $23,795 for costs associated with the Director of Economic Development and Strategy position for the FY 16/17. ALTERNATIVES: Do not approve the ILA. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 505 of 585 Is this a grant? No Grant Amount: ATTACHMENTS: Type REVIEWERS: Department Finance Finance Legal City Manager Description Resolution approving ILA for partial funding by CRA of Director of Economic Development C RA Agenda Item 5-9-17 Reviewer Action Howard, Tim Approved Howard, Tim Approved Swanson, Lynn Approved LaVerriere, Lori Approved D ate 5/11/2017 - 8:19 AM 5/11/2017 - 8:19 AM 5/11/2017 - 10:29 AM 5/11/2017 - 1:00 PM Page 506 of 585 I 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 RESOLUTION NO. R17 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR TO SIGN AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR THE CRA TO PARTIALLY FUND THE DIRECTOR OF ECONOMIC DEVELOPMENT AND STRATEGY FOR FISCAL YEAR 2016/17 IN AN AMOUNT NOT TO EXCEED $23,795.00; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, at the May 9, 2017 CRA Board meeting an Interlocal Agreement was approved to provide partial funding for the Director of Economic Development and Strategy for the FY 16/17; and WHEREAS, the City Commission and the CRA have prioritized a program initiative during recent Strategic Planning activities focused on community wealth building, citizen engagement and the creation of a more economically equitable workforce; and WHEREAS, Economic development and strategy is an initiative for the City including the Community Redevelopment Area, as such staff has determined the position is part of this effort is able to be identified for the CRA and agrees that the CRA may fund 25% of the Director's salary and benefits for services related to the CRA; and WHEREAS, the City Commission of the City of Boynton Beach, upon recommendation of staff and the CRA Board, deems it to be in the best interests of the residents and citizens of the City of Boynton Beach to approve the Interlocal Agreement between the City of Boynton Beach and the Boynton Beach Community Redevelopment Agency regarding the CRA partial funding of the Director of Economic Development and Strategy for fiscal year 2016/17 in an amount not to exceed $23,795.00. Page 507 of 585 27 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 28 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 29 Section 1. Each Whereas clause set forth above is true and correct and 30 incorporated herein by this reference. 31 Section 2. The City Commission of the City of Boynton Beach, Florida does 32 hereby approve and authorize the Mayor to sign the Interlocal Agreement between the City of 33 Boynton Beach and the Boynton Beach Community Redevelopment Agency for the CRA 34 partial funding of the Director of Economic Development and Strategy for fiscal year 2016/17 35 in an amount not to exceed $23,795.00, a copy of said Interlocal Agreement is attached hereto 36 as Exhibit "A". 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 Section 3. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of , 2017. CITY OF BOYNTON BEACH, FLORIDA YES NO ATTEST: Judith A. Pyle, CMC City Clerk (Corporate Seal) Mayor — Steven B. Grant Vice Mayor — Justin Katz Commissioner — Mack McCray Commissioner — Christina L. Romelus Commissioner — Joe Casello VOTE Page 508 of 585 CRA BOARD MEETING OF: May 9, 2017 I Consent Agenda I I Old Business I X I New Business Legal Information Only CRAAB AGENDA ITEM: XIV.D. SUBJECT: Consideration of an Interlocal Agreement (ILA) with the City of Boynton Beach for the partial funding of the Director of Economic Development and Strategy SUMMARY: In recent Strategic Planning activities, the CRA Board and City Commission have prioritized a program initiative focused on community wealth building, citizen engagement and the creation of a more economically equitable workforce. The first step in the implementation of this initiative is the hiring of David Scott, as the Director of Economic Development and Strategy. The CRA/City's Economic Development and Strategy Program ("Program") aims to promote a healthy and vibrant community through locally -based, regionally -driven economic development that will improve the quality of life for area residents and to increase private investment within the Community Redevelopment Area by providing the foundation by which the public sector, working in conjunction with other economic partners, creates the environment for regional economic prosperity. As the efforts put forth under the Program will demonstrate further and continued advancement of the goals and mission of the CRA Redevelopment Plan, staff and legal counsel support the use of CRA funds to provide a partial funding of the position. The first term of the ILA will terminate on September 30, 2017 and provides funding for the position not to exceed $23,795 or twenty-five percent (25%) of the salary/benefits cost. The CRA Board and City Commission may mutually agree to extend the agreement for a period of one year upon the agreement of both parties (see Attachment 1). FISCAL IMPACT: $23,795 General Fund Line Item 01-51440-100 CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRAAB RECOMMENDATION: N/A CRA BOARD MOTION/OPTIONS: 1) Motion to approve the ILA for the partial funding of the Director of Economic Development and Strategy 2) Motion to not to approve the ILA for the partial funding of the Director of Economic Development and Strategy 3) The CRA Board may consider requesting additional terms and conditions to the ILA a motion to approve. Digitally signed by Michael Simon Michael Simon DN: cn=Michael Simon, o, oU, email=simonm@bbfl.us, c=US Date: 2017.05.05 14:31:46 -04'00' Michael Simon, Interim Executive Director Page 509 of 585 ATTACHMENT Page 510 of 585 INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR THE FUNDING OF THE ECONOMIC DEVELOPMENT AND STRATEGY DIRECTOR THIS AGREEMENT is made this day of , 2017 by and between the CITY OF BOYNTON BEACH, a Florida Municipal Corporation, ("CITY"), and the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, ("CRA") (individually and collectively, the "Parry" or "Parties") WITNESSETH: WHEREAS, the CRA's Economic Development and Strategy Program ("Program") aims to promote a healthy and vibrant community through locally -based, regionally -driven economic development that will improve the quality of life for area residents and to increase private investment within the Community Redevelopment Area ("Redevelopment Area") by providing the foundation by which the public sector, working in conjunction with other economic partners, creates the environment for regional economic prosperity. The Program serves as the lead integrator of the CRA/CITY economic development initiatives, facilitates interagency planning, collaboration and coordination among the various partners, and oversees the development and integration of the CRA/CITY strategic plan. WHEREAS, the Program ensures customers receive a high level of service, customer accessibility, timely communications, effective outreach, education and problem resolution with the goal of strengthening the relationship with residents and business community and ensuring the highest level of customer satisfaction with respect to the provisions of the CRA/City and ordinances and policies, including those specific to the Redevelopment Area; and 00742721-1 Page 511 of 585 WHEREAS, the goal of the CRA's Community Redevelopment Plan ("Plan") is to provide a clear and consistent vision for the Redevelopment Area and therefore predictability for new development and investment in the area; and WHEREAS, the Program has jurisdiction within the Redevelopment Area; and WHEREAS, the City desires to provide the CRA with the management for the Program under the terms of the Program shown in Exhibit "A;" and WHEREAS, the CRA Board finds that this Agreement, and the use of the CRA's funds to implement a portion of the Program that specifically serves the Redevelopment Area is consistent with the Community Redevelopment Plan and Florida Statutes; and WHEREAS, the intended aim of the CRA toward the elimination of slum and blighted conditions, to promote a healthy and vibrant community through locally -based, regionally -driven economic development that will improve the quality of life for area residents, increase private investment within the Community Redevelopment Area ("Redevelopment Area"), and provide the foundation by which the public sector, working in conjunction with other economic partners creates the environment for regional economic prosperity, the CRA/City find that this funding agreement serves a municipal and public purpose, and is in the best interest of the health, safety, and welfare of the residents and business owners of the City, including those within the Redevelopment Area; NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the Parties hereby agree as follows: 1. Recitals. The recitals set forth above are hereby incorporated herein. 2. Obligations of the CRA. The CRA shall provide funding to the City in the maximum amount of $23,795, to be used for reimbursement of the costs associated 00742721-1 Page 512 of 585 with the portion of the Program associated with and specifically dedicated to the Redevelopment Area, as further described in Exhibit `B." Upon receipt of a complete, written request from the City, the CRA shall make payments to the City on a quarterly basis for the reimbursement of direct expenses related to the Program related activities of the Coordinator. In order to be deemed complete, the written request from the City for payment must include all payroll and program documentation, a copy of the Coordinator's work schedule, and copies of receipts indicating the amount and the purpose for the payment for which the City is seeking reimbursement. The CRA shall remit payment to the City within thirty (30) days of receipt of a complete request from the City. 3. Obligations of the City. On a quarterly basis, the City shall provide a written report to the CRA documenting the activities of the Program as it was implemented within the Redevelopment Area for that quarter. The report shall detail the activities of the Coordinator for that quarter and all other information as described in Exhibit "A" will be contained the quarterly report. 4. The City shall indemnify, save, and hold harmless the CRA, its agents, and its employees from any liability, claim, demand, suit, loss, cost, expense or damage which may be asserted, claimed, or recovered against or from the CRA, its agents, or its employees, by reason of any property damages or personal injury, including death, sustained by any person whomsoever, which damage is incidental to, occurs as a result of, arises out of, or is otherwise related to the negligent or wrongful conduct or the faulty equipment (including equipment installation and removal) of the Coordinator or the Program. Nothing in this Agreement shall be deemed to affect the rights, privileges, and sovereign immunities of the CRA as set forth in Section 768.28, Florida Statutes. This 00742721-1 Page 513 of 585 paragraph shall not be construed to require the City to indemnify the CRA for its own negligence, or intentional acts of the CRA, its agents or employees. Each parry assumes the risk of personal injury and property damage attributable to the acts or omissions of that party and its officers, employees and agents. 5. Term of the Agreement. This Agreement shall become valid and commence upon execution by the last Parry to this Agreement, and shall terminate on September 30, 2017 ("Termination Date"). The CRA shall not be required to reimburse the City for any requests submitted after the Termination Date. The term of the Agreement may be extended one time and may only be extended upon approval by the CRA Board and upon the appropriation of CRA funds for intended purposes of this Agreement in the subsequent fiscal year's budget. Such extension is only effective upon the execution of a written amendment signed by both Parties. Nothing in this paragraph shall be construed so as to affect a Parry's right to terminate this Agreement in accordance with other provisions in this Agreement. 6. Records. The City and the CRA each shall maintain their own records and documents associated with this Agreement in accordance with the requirements set forth in Chapter 119, Florida Statutes. All such records shall be adequate to justify all charges, expenses, and costs incurred in accordance with generally accepted accounting principles. Each Party shall have access to the other Party's books, records and documents as required in this Agreement for the purpose of inspection or audit during normal business hours during the term of this Agreement and at least 1 year after the termination of the Agreement. 7. Filing. The City shall file this Interlocal Agreement pursuant to the requirements of Section 163.01(11) of the Florida Statutes 00742721-1 Page 514 of 585 8. Default. If either Parry defaults by failing to perform or observe any of the material terms and conditions of this Agreement for a period of ten (10) calendar days after receipt of written notice of such default from the other Parry, the Party giving notice of default may terminate this Agreement through written notice to the other Party, and may be entitled, but is not required, to seek specific performance of this Agreement on an expedited basis, as the performance of the material terms and conditions contained herein relate to the health, safety, and welfare of the residents of the City and Redevelopment Area. . Failure of any Party to exercise its right in the event of any default by the other Parry shall not constitute a waiver of such rights. No Parry shall be deemed to have waived any rights related to the other Party's failure to perform unless such waiver is in writing and signed by both Parties. Such waiver shall be limited to the terms specifically contained therein. This section shall be without prejudice to the rights of any Party to seek a legal remedy for any breach of the other Parry as may be available to it in law or equity. 9. No Third Party Beneficiaries. Nothing in this Agreement shall be deemed to create any rights in any third parties that are not signatories to this Agreement. 10. Compliance with Laws. The City and the CRA shall comply with all statutes, laws, ordinances, rules, regulations and lawful orders of the United States of America, State of Florida and of any other public authority which may be applicable. 11. Entire Agreement. This Agreement represents the entire and sole agreement and understanding between the Parties concerning the subject matter expressed herein. No terms herein may be altered, except in writing and then only if signed by all the Parties hereto. All prior and contemporaneous agreements, understandings, communications, conditions or representations, of any kind or nature, 00742721-1 Page 515 of 585 oral or written, concerning the subject matter expressed herein, are merged into this Agreement and the terms of this Agreement supersede all such other agreements. No extraneous information may be used to alter the terms of this Agreement. 12. Severability. If any part of this Agreement is found invalid or unenforceable by any court, such invalidity or unenforceability shall not affect the other parts of the Agreement if the rights and obligations of the parties contained herein are not materially prejudiced and if the intentions of the parties can continue to be achieved. To that end, this Agreement is declared severable.. 13. Governing Law and Venue. The validity, construction and effect of this Agreement shall be governed by the laws of the State of Florida. Any and all legal actions necessary to enforce the terms of this Agreement shall be conducted in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, or, if in federal court, in the United States District Court for the Southern District of Florida, to which the Parties expressly agree and submit. 14. No Discrimination. Parties shall not discriminate against any person on the basis of race, color, religion, ancestry, national origin, age, sex, marital status, sexual orientation or disability for any reason in its hiring or contracting practices associated with this Agreement. 15. Notice. Whenever either Party desires to give notice to the other, such notice must be in writing and sent by United States mail, return receipt requested, courier, evidenced by a delivery receipt, or by overnight express delivery service, evidenced by a delivery receipt, addressed to the Party for whom it is intended at the place last specified; and the place for giving of notice shall remain until it shall have been changed by written 00742721-1 Page 516 of 585 notice in compliance with the provisions of this paragraph. For the present, the Parties designate the following as the respective places for giving of notice. CITY: Lori LaVerriere, City Manager City of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach, FL 33435 CRA: Michael Simon, Interim Executive Director Boynton Beach CRA 710 N. Federal Highway Boynton Beach, Florida 33435 Copies To: James A. Cherof Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 Tara Duhy, Esquire Lewis, Longman & Walker, P.A. 515 North Flagler Drive, Suite 1500 West Palm Beach, Florida 33401 16. No Transfer. The Parties shall not, in whole or in part, subcontract, assign, or otherwise transfer this Agreement or any rights, interests, or obligations hereunder to any individual, group, agency, government, non-profit or for-profit corporation, or other entity without first obtaining the written consent of the other Party. 17. Interpretation. This Agreement shall not be construed more strictly against one Party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the Parties. 00742721-1 Page 517 of 585 IN WITNESS WHEREOF, the City and the CRA hereto have executed this Agreement as of the date set forth above. ATTEST: Judith Pyle, City Clerk Approved as to Form: Office of the City Attorney Approved as to Form: Office of the CRA Attorney 00742721-1 CITY OF BOYNTON BEACH, a Florida municipal corporation Steven B. Grant, Mayor (SEAL) BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: Steven B. Grant, Chair Page 518 of 585 Exhibit "A" Boynton Beach Community Redevelopment Agency Economic Development and Strategy The Boynton Beach Community Redevelopment Agency Economic Development and Strategy aims to promote a healthy and vibrant community through locally -based, regionally -driven economic development. ECONOMIC DEVELOPMENT AND STRATEGY Ensures that resources are invested and aligned in support of goals and objectives Community designed to create 1 pathways to build, retain and transfer economic growth to the local community Links the community with resources that will assist in galvanizing the combined efforts of residents through Neighborhood Economic Development strategies Lead Integrator of the City's economic development Initiatives, through the development and implementation of the coordinated strategic plan by facilitating interagency planning, collaboration and coordination among the various public, private, and nonprofit agencies and partners. Administers the City's small/minority business enterprise program, focused on capacity building and economic prosperity Economic development serves as a means to engage community leaders, leverage the involvement of the private sector, and establish a strategic blueprint for regional collaboration. Economic Development and Strategy provides the foundation by which the public sector, working in conjunction with other economic partners creates the environment for regional economic prosperity, and serves as the lead integrator of the CRA/City's economic development initiatives, facilitates interagency planning, collaboration and coordination among the various CRA/City agencies and partners, and oversees the integration and implementation of the CRA/City's strategic plan. Mans 2016 Boynton Beach Community Redevelopment Man Boynton Beach Strategic Man Citywide Community Redevelopment Plan 2013 Development Atlas Incentives and Programs better outcomes Business Strategy Partners/Resources City of Boyntan Beach Boynton Beach Faith Based Community Development Corporation The Business Strategy Team develops and Boymon Beach Community Redevelopment AAenry Career Souroe of Palm Beach Counh^ implements the strategy -driven plan, focused on Pat. Brach County Bnsiness Development Board capacity building and economic prosperity and Enterprise Henda Expootin� Assistance resiliency. The Team establishes and maintains a the Greater Boynton Beach Chamber of Commerce U.S. Export Assistance Centers of Florida robust economic ecosystem by helping to build U.S. Sma116n, mess Administration Palm Beach County Edut:atien regional and local capacity that contributes to community success. The Business Strategy Team provides the framework for individuals, organizations, 1 Page 519 of 585 local governments, institutions. of learning, and private industry to align the capacity building efforts that best serve to ensure that available resources are invested and aligned in support of goals and objectives designed to create pathways to build, retain and transfer economic growth to the local community. The Business Strategy Team integrates and leverages other planning efforts, including the use of other available funds, private sector resources, and state support that advance the CRA/City's goals and objectives. Small Local and Minority Business Development The Small Local and Minority Business Development Team administers the City's small/minority business enterprise program, focused on capacity building and economic prosperity targeting local small and minority businesses that serves to create a legacy of sustainable community wealth that benefits all of its citizens. The Team establishes the business support structure that integrates and leverages resources that advance the CRA/City's goals and objectives. This�� requires a coordinated approach to business p�°a�ti� q pp �1,1gov"eramer � o� s�tllpubitq��{ development that establishes a private/public 4 i'k e PRI N110, with the community, businesses, the CRA, the City and other public and private sector partners. The Team ensures that CRA/City resources are invested and aligned in support of goals and objectives designed to produce transformational community economic prosperity. Access to Access to Procurement Resources Information Processes Na Keep Bonding Prime Contractor Bundled Projects IT Local Experience s -_ Ut Community Outreach (Building Wealth in the Community) Building a sustainable economic development strategy requires that the CRA and City empower the residents of Boynton Beach as active participants in the ongoing economic development of their neighborhoods; creating a legacy of sustainable community wealth that benefits all of its citizens. The Community Outreach team will aim to ensure that residents benefit from any development or redevelopment initiative' p�u and that publicly subsidized projects effectively addressIf :$, community needs by creating job and job training ` opportunities, workforce development, fair access and smanacal Community & Minority support for local small and minority-owned businesses to outreach Business ` pursue related contracts, environmental justice, minimized Development local business displacement and adequate workforce housing. This in turn will enable residents to purchase and retain housing and thus become stronger stakeholders in the community. Community organization and engagement will be crucial. We will seek to link the community with resources that will assist in galvanizing the combined efforts of residents, community organizations, businesses, and faith -based, financial, and educational institutions; focused on providing technical assistance and financial support for community revitalization, and incubator assistance for small business development and entrepreneurs. K Page 520 of 585 BUSINESS STRATEGY To develop and implement a coordinated framework that serves as a means to engage community leaders, leverage the involvement of the private sector, and establish a strategic blueprint for regional collaboration that serves as the foundation by which the public sector, working in conjunction with other economic partners creates the environment for regional economic prosperity. The Team serves as the lead integrator of the CRA/City's economic development initiatives, facilitates interagency planning, collaboration and coordination among the various City agencies and partners, and oversees the development and implementation of the CRA/City's strategic plan. The Team works with individuals, organizations, local governments, institutions of learning, and private industry to align the capacity building efforts that best serve to ensure ; that available resources are invested and aligned in support of goals and objectives designed to create pathways to build, retain r� and transfer economic growth to the local community. BUSINESS STRATEGY OBJECTIVE To develop and implement the citywide strategic plan and management structure that focuses on effectively creating pathways to build, retain and transfer economic growth to the local community; thereby, creating true economic empowerment and emerging growth opportunities that generates jobs, leads to a reduced unemployment rate, increased home ownership, increased local economic activity in other small business, decreased crime, decreased reliance on government services, and increased tax revenues. SMALL LOCAL AND MINORITY BUSINESS DEVELOPMENT STRATEGY To develop and implement a coordinated framework to ensure that all businesses be afforded an opportunity for full participation in the CRA/City's system for the procurement of goods, services or construction projects, and to establish a recordkeeping system to monitor participation. Through a comprehensive approach to local small and minority business development, the City will provide community anchors, stimulate private investment, enhance economic development, and elevate the quality of life and safety for the City's residents. The Team administers Small Local and Minority Business Enhancement Program focused on leveraging the City's investments in a way that will create pathways to build, retain and transfer economic growth to the local community, thereby creating a legacy of sustainable community wealth that benefits all of its citizens. SMALL LOCAL AND MINORITY BUSINESS DEVELOPMENT OBJECTIVE To develop and implement a comprehensive small local and minority business enhancement program that seeks to address the CRA Board and City Commission vision of increased wealth and prosperity for its community as a whole, incorporating the goals and objectives of the strategic plan. COMMUNITY OUTREACH (BUILDING WEALTH) STRATEGY To develop and implement a coordinated framework that link the community with resources that will assist in galvanizing the combined efforts of residents through Neighborhood Economic Development strategies that engage, community organizations, businesses, and faith -based, financial, and educational institutions; focused on providing technical assistance and financial support for community revitalization, and incubator assistance for small business development and entrepreneurs. 3 Page 521 of 585 COMMUNITY OUTREACH (BUILDING WEALTH IN THE COMMUNITY) OBJECTIVE To develop and implement a comprehensive and sustainable economic development strategy that empowers the residents of Boynton Beach as active participants in the ongoing economic development of their neighborhoods; creating a legacy of sustainable community wealth that benefits all of its citizens. M Page 522 of 585 "Exhibit B" Annual Total $47,589.25 ILA Amount for FY 16-17-6 months (Apr -Sept) $ 237795 NOTE: All amounts provided by City Finance Department for FY 2016-2017 Page 523 of 585 13.A. LEGAL 5/16/2017 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R17-051 - Approve an extension of the temporary moratorium commenced under a "Notice of Intent" (NOI #2016-01) to study the need for modifications to the City's Land Development Regulations (LDR) related to the siting, placement, and design of wireless communication facilities (W CF) within rights-of-way, through September 6, 2017 to cover the period required to finalize the review of possible amendments to the land development regulations intended to implement currently pending legislation (SB 596/1-113 687). EXPLANATION OF REQUEST: A temporary moratorium commenced on November 15, 2016 (Resolution R16-150) pursuant to a "Notice of Intent" issued by the Commission. The moratorium was originally approved for approximately six months until June 1, 2017, and as described in Resolution R16-150 and the corresponding agenda cover sheet, the moratorium period could be extended by the Commission after holding a public hearing on same. Subsequent to commencement of the moratorium State legislation was proposed for telecommunications towers and distributed antenna systems within the public rights-of-way. The bill known as the "Advanced Wireless Infrastructure Deployment Act" has passed in the Florida Senate (SB 596) and is currently under consideration in the House of Representatives (HB 687). It is not known what amendments will be made to the pending Telecom bill and exactly what authority local officials will have regarding wireless communication facilities within their rights-of-way. This controversial Telecom bill is to be effective as of July 1, 2017. It is reported that a total of eleven municipalities and six counties in Florida have already adopted temporary moratoria related to this issue. Extension of the temporary moratorium to September 6, 2017 will allow time for further review of the currently pending legislation and processing of any warranted amendments to the City's Land Development Regulations. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Continued effectiveness of the moratorium ensures that development that is subject to the NOI is prevented during the final period necessary to adopt the proposed regulations. FISCAL IMPACT: N/A ALTERNATIVES: Not approve subject resolution and extension to finalize consideration of proposed amendments to regulations. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No Page 524 of 585 CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type REVIEWERS: Description Resolution amending Reso R16-150 to extend the temporary moratorium regaring wireless communication facilities Department Reviewer Action Planning and Zoning Rumpf, Michael Approved Planning and Zoning Mack, Andrew Approved Planning and Zoning Groff, Colin Approved Finance Howard, Tim Approved Legal Swanson, Lynn Approved City Manager LaVerriere, Lori Approved D ate 4/24/2017 - 4:58 PM 4/24/2017 - 5:01 PM 4/26/2017 - 12:21 PM 5/5/2017 - 8:37 AM 5/10/2017 - 2:30 PM 5/10/2017 - 8:30 PM Page 525 of 585 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, AMENDING RESOLUTION R16-150 TO EXTEND THE TEMPORARY MORATORIUM COMMENCED UNDER A NOTICE OF INTENT (NOI #2016-01) RELATED TO THE SITING, PLACEMENT, AND DESIGN OF WIRELESS COMMUNICATION FACILITIES (WCF) WITHIN RIGHTS-OF-WAY, THROUGH SEPTEMBER 6,2017; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission approved a Notice of Intent (NOI #2016-01) by Resolution R16-150 on November 15, 2016; and WHEREAS, the Notice of Intent was to be in effect from the date of adoption and thereafter for a maximum period of 180 days, unless otherwise extended by the City Commission by subsequent Resolution following public hearing; and WHEREAS, staff has recommended the temporary moratorium be extended until September 6, 2017 to allow time to finalize the review of possible amendments to the land development regulations intended to implement currently pending legislation (SB 596/1-113 687). 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 amend Resolution R16-150 to extend the Notice of Intent #2016-01 to study the need for modifications to the City's Land Development Regulations (LDR) related to the siting, placement and design of wireless communication facilities within rights-of-way to cover the C:AProgram Files (x86)Aneevia.com\docConverterProAtemp\NVDC\BF81DEE6-5A38-4D22-BC17-E16F34668042\Boynton Beach. 5544.1.Reso - NOI Wireless Communication Facilities - Extension.doc 1 Page 526 of 585 30 period required to finalize the review of possible amendments to the land development 31 regulations intended to implement currently pending legislation (SB 596/1-113 687). 32 Section 3. That this Resolution shall become effective immediately upon passage. 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 PASSED AND ADOPTED this day of , 2017. CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Justin Katz Commissioner — Mack McCray Commissioner — Christina L. Romelus Commissioner — Joe Casello ATTEST: Judith A. Pyle, CMC City Clerk (Corporate Seal) VOTE YES NO C:AProgram Files (x86)Aneevia.com\docConverterProAtemp\NVDC\BF81DEE6-5A38-4D22-BC17-E16F34668042\Boynton Beach. 5544.1.Reso - NOI Wireless Communication Facilities - Extension.doc 2 Page 527 of 585 13. B. LEGAL 5/16/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 5/16/2017 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 17-013- FIRST READING - Approve the Local Register historic designation application for the site of the Boynton School (the Children's Museum) located at 129 E. Ocean Avenue, Boynton Beach. EXPLANATION OF REQUEST: The Boynton School is currently listed on the National Register of Historic Places but is not listed on the Boynton Beach Register of Historic Places (the Local Register). Alterations to National Register sites are not subject to review by the Historic Resources Preservation Board (NRPB) or Staff whereas alterations to Local Register sites are subject to review. The City is currently applying for a State grant to carry out repairs to the Boynton School. Adding the site to the Local Register will strengthen the application as the State will be assured that any grant -funded work will be reviewed for appropriateness. To qualify as a historic site, a property must have significance in American history, architecture, archaeology, engineering or culture, and possess integrity of location, design, setting, materials, workmanship, feeling, and association. The site must also be significant in one or more of the following areas: a) Association with events that have made a significant contribution to the broad patterns of the City's history; b) Association with the lives of persons significant in the City's past; c) Embodies the distinctive characteristics of a type, period or method of construction, or represents the work of a master, or possesses high artistic values, or represents a significant and distinguishable entity whose components may lack individual distinction; d) Has yielded, or may be likely to yield, information important in prehistory or history; or e) Is listed in the National Register of Historic Places. The Boynton School, built in 1913, is the oldest school building in the City. It is a fine example of the Masonry Vernacular style of architecture and is one of the last works of William W. Maughlin, a prominent local architect. The design and construction of the school reflects developments in the educational system of the community and Palm Beach County at that time. The site was added to the National Register of Historic Places in 1994. The structure retains almost all of its original architectural features and interior layout. Although some alterations have been undertaken, they have been carried out in a sensitive manner and do not significantly detract from the structure's historic character. As detailed in the designation application, the subject site is significant in a local context for its architecture and its association with the development of education. The site retains much of its integrity and meets criteria "a", "c" and "e" from the above list. Page 528 of 585 Therefore, the site meets the required criteria and is eligible to be added to the Local Register. The HRPB will consider the application at its meeting on May 8, 2017. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Adding the site to the Local Register will help raise public awareness of the City's Historic Preservation Program and will promote heritage tourism. The designation and protection of historic sites also meets the requirements of the Certified Local Government Agreement with the Florida Division of Historical Resources. FISCAL IMPACT: Adding the site to the Local Register will strengthen current and future historic preservation grant applications. ALTERNATIVES: None recommended STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Ordinance Ordinance designating Boynton School (Children's Museum) as historic D Attachment Boynton School Designation Application REVIEWERS: Department Reviewer Action Date Planning and Zoning Rumpf, Michael Approved 5/8/2017 ® 5:33 PM Planning and Zoning Mack, Andrew Approved 5/8/2017 ® 5:38 PM Planning and Zoning Groff, Colin Approved 5/10/2017 ® 4:48 PM Finance Howard, Tim Approved 5/11/2017 ® 8:17 AM Legal Swanson, Lynn Approved 5/11/2017 ® 3:25 PM City Manager LaVerriere, Lori Approved 5/12/2017 ® 9:35 AM Page 529 of 585 I ORDINANCE NO. 17 - 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, DESIGNATING THE PROPERTY KNOWN AS 5 BOYNTON SCHOOL (THE CHILDREN'S MUSEUM) LOCATED 6 AT 129 E. OCEAN AVENUE, WHICH IS MORE FULLY 7 DESCRIBED HEREIN, AS A LOCAL HISTORIC SITE; 8 PROVIDING A NON -SEVERABILITY CLAUSE AND AN 9 EFFECTIVE DATE. 10 11 WHEREAS, Chapter 4, Article IX, Section 6. of the City of Boynton Beach Land 12 Development Regulations provides for the designation and protection of historic sites in the 13 City of Boynton Beach; and 14 WHEREAS, Boynton School is estimated to be created in 1913 and the oldest school 15 building in the City; and 16 WHEREAS, the Historic Preservation Board of the City of Boynton Beach prepared a 17 designation report for the designation of Boynton School as a historic site and held a duly 18 noticed public hearing in regard to the designation of the property as an historic site at which 19 no member of the public spoke in opposition to the designation of the property as an historic 20 site; and 21 WHEREAS, the Historic Preservation Board of the City of Boynton Beach on May 8, 22 2017 recommended that the Boynton School be designated a historic site; and 23 WHEREAS, the City Commission of the City of Boynton Beach has conducted a 24 duly noticed public hearing in regard to the designation of the Boynton School as a historic 25 site. 26 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 27 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 28 Section 1. The foregoing whereas clauses are true and correct and are now ratified 29 and confirmed by the City Commission. C:AProgram Files (X86)ANeevia.Com\DocconverterproATemp\NVDC\234AF842-AA47-45AA-921F-934C1C47BB75\Boynton Beach. 5558.1.Historic_Designation_(Boynton_School_Childrens_Museum)_-_Ordinance.Doc -1- Page 530 of 585 I Section 2. The Boynton School is located at 129 E. Ocean Avenue and is hereby 2 designated as Boynton School in accordance with and under the provisions of Chapter 4, 3 Article IX, Section 6, of the City of Boynton Beach Land Development Regulations. 4 Section 3. It is the intention of the City Commission of the City of Boynton Beach 5 that this Ordinance and each and every of its terms be considered a part of a single whole and 6 that the Ordinance not be severable and that if a court of competent jurisdiction finds that any 7 section of this Ordinance is unlawful or unenforceable the Ordinance shall be unenforceable it 8 its entirety. 9 Section 4. This Ordinance shall become effective immediately upon its passage 10 and adoption. 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 FIRST READING this day of , 2017. SECOND, FINAL READING AND PASSAGE this day of , 2017. CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Justin Katz Commissioner — Mack McCray Commissioner — Christina L. Romelus Commissioner — Joe Casello ATTEST: Judith A. Pyle, CMC City Clerk VOTE YES NO (Corporate Seal) C:AProgram Files (X86)ANeevia.Com\DocconverterproATemp\NVDC\234AF842-AA47-45AA-921F-934C1C47BB75\Boynton Beach. 5558.1.Historic_Designation_(Boynton_School_Childrens_Museum)_-_Ordinance.Doc -2- Page 531 of 585 CITY OF BOYNTON BEACH City Applications and Codes Accessed Via Website PLANNING &ZONING DIVISION www.boynton-beach.or 100 East Boynton Beach Boulevard R• r' fl.us Boynton Beach, FL 33435 10-03-11 Phone: (561) 742-6260 1. GENERAL INFORMATION: This application must be filled out completely, accurately, and submitted as an original to the Planning and Zoning Division; an incomplete application will not be processed. Print legibly (in ink) or type all information. The application and designation processes are further described in Chapter 4, Article IX, Section 6.0 of the Land Development Regulations. M • One original and one copy of a completed application form. • Two copies of all supporting documentation and photographs. • One pdf copy of thea plication and supporting documentation. • The applicable fee of $15.00 as adopted by the City Commission (please make checks payable to the City of Boynton Beach) IT-rml 71-T17, mr, Site location map A map or survey identifying the boundary of the property to be designated Photographs showing the site, all building elevations, significant features of the site or structure photographs must be credited) A bibliography citing all references and sources e.g. titles of books, articles, websites and their author], photographic credits etc. used in completing the application. ------------------- Copies of construction drawings and building permits Historic photographs, maps and surveys Copies of newspaper and magazine articles, diary excerpts Transcripts of oral histories Cex.sus 412t2 2A4 Xist*ric iteels pr#vilikf ix.4rxk,2ti*A *x twxers 2xif tp-,t?xjts Florida Master Site File forms Information obtained from online sources Any other relevant supporting information 110911WIN - I - =t - M 1 EM's 1W, PZ'yi&yA 4111:1#111131-1 will RM-10WT111 III 0=* 0 0 In some cases it may be more convenient to submit two copies of a bound Designation Report including all images and documentation rather than submitting the application form with numerous 7-ttachments, especially if there is a substantial amount of supporting information. If this option is chosen an application form containing all required signatures must submitted; however, all other q-ections can refer the reader to the Designation Report. It is strongly recommended that all applicants refer to National Register Bulletins 15 and 16A which contain detailed information on designation requirements and the terms included in the application. The bulletins are published by the US Department of the Interior and can be viewed or downloaded from: http://www.nps.clov/p �/ubl�ication�s/. Page 532 of 585 1. Property Name/Proposed Name: BoyntonSchool Reason for selecting this name: National Register name 2. Property Address: 129 E. Ocean Avenue 3. Parcel Control Number (PCN)*: 08 - 43 - 45 - 28 - 05 - 014 - 0020 6T—Y F�NG -FW—P S—EC 9-1 B BLK LOT List all II on an attached addendum for applications comprised of multiple lots. IIIII I 1 1 1 1 111 9 M 01 - Area Seacrest Blvd RNV) & Par Labeled Public School Blk 14 11 11 - •. * 1 '/`#.. HER= i -� - 1, ,i iI Is - rt W 0 r! a . - 0 1 6. Existing Zoning District (from Official Zoning Map): PU Public Usage 7. Is the property located in the Community Redevelopment Agency area? Yes X No ii. If yes to Question #7 above, what is the name of the applicable redevelopment plar.9 - Boynton Beach Community Redevelopment Plan M160311MEWM MMNMEM�r •� Commercial El Public Building Ai pmu�� I'MMI IMM, I I Is the site or structure located in a Local or National Historic District? Yes A If the site or structure is in a district, is it a contributing site or structure? Yes WK NOW zM 2 Page 533 of 585 1. Original Use of Property: School [WERIMMAI-toperty: Museum 2. Architectural Style: Masonry Vernacular 3. Architect (if known): William W. Maughlin W - - 0 of 3 go. , Iplication M Source: Florida Master Site File form and National Register application ,ii. Has the structure been altered e.g. new windows, change of roof covering etc? Yes X No Details (include descriptions, dates, and sources, continue on a separate sheet if reguired) See Attachment G 7. Have any additions been made to the property e.g. extra rooms, extensions? Yes El No X Details (include descriptions, dates, and sources, continue on a separate sheet if required) 3 Page 534 of 585 2. Has the structure been moved? Yes 0 No X Details (Include descriptions, dates, and sources, continue on a separate sheet if required) 1. Foundation: Concrete stem walls and piers 2. Structural System: Mason[y 3. Exterior Walls: Concrete Block 4Roof Types & Materials: Hip, Metal Shingles 5. Chimney Number & Materials: 0 6. Windows Type & Materials: Wood frame, fixed, 1/1 7. they Materials e.g. Facings, Veneers, Decorative Elements: —See Attachment F C. CURRENT CONDITION OF SITE & STRUCTURES Excellent X Good 0 Fair 0 Poor El WoMff 11 VN7 M List details of any other significant features not included above e.g. exterior building features and ornamentation, interior features, landscape features, etc. 4 Page 535 of 585 Describe any historically significant events associated with the site or structure. Em .1-rovide details of any historically significant persons associated with the site or structure. ff known, also include details of the original owners. IUD 071;=De anj Knolln arcnaeuiogy • 5 Page 536 of 585 IV. SIGNIFICANCE A site or structure must have significance in American history, architecture, archeology, engineerim! or culture and possess integrity of location, design, setting, materials, workmanship, an -4 association. Usually, a structure must also be at least 50 years old. In addition to having integrity, the site or structure must also meet at least one of the followirli"o criteria. Check all criteria that apply to the site or structure. I X Is associated with events that have made a significant contribution to the broad patterns of the City's history. 0 Is associated with the lives of persons significant in the City's past. X Embodies the distinctive characteristics of a type, period or method of construction, or represents the work of a master, or possesses high artistic values, or represents a significant and distinguishable entity whose components may lack individual distinction. VIM— IMT Ordinarily cemeteries, birthplaces, graves of historical figures, properties owned by religious institutions or used for religious purposes, structures that have been moved from their original locations, reconstructed historic buildings, properties primarily commemorative in nature, and properties that have achieved significance within the past 50 years shall not be considered eligible for the Boynton Beach Register of Historic Places. However, such properties will qualify if they are integral parts of districts that do meet the criteria or if they fall within the following categories: 2. A religious property deriving primary significance from architectural or artistic distinction or historical importance; or b. A building or structure removed from its original location but which is primarily significant for architectural value, or which is the surviving structure most importantly associated with a historic person or event; or c. A birthplace or grave of a historical figure of outstanding importance if there is no appropriate site or building associated with his or her productive life; or d. A cemetery that derives its primary importance from graves of persons of transcendent importance, from age, from distinctive design features, or from association with historic events; or e. A reconstructed building when accurately executed in a suitable environment and presented in a dignified manner as part of a restoration master plan, and when no other building or structure with the same association has survived; or f. A property primarily commemorative in intent if design, age, tradition, or symbolic value has invested it with its own exceptional significance; or 6 Page 537 of 585 Whereas the Criteria for Significance listed above identify the site or structure's association with history, the Area of Significance identifies sub -areas within the history field to which the property relates. At least one area of significance from the following list must be identified for a site or structure to be eligible. Check the Areas of Significance that apply. INKS-TOTIT =- 0 Engineering ❑ Entertainment/Recreation ❑ Ethnic Heritage ❑ Exploration/Settlement ❑ Health/Medicine ❑ Industry ■ • Planning & Dev. ■ • 0 Conservation 0 Landscape Architecture ❑ Economics ❑ Law X Education ❑ Literature ME= ❑ Maritime History ❑ Military 0 Performing Arts ❑ Philosophy ❑ Politics/Government ❑ Religion ❑ Science ❑ Social History ❑ Transportation "the length • time when a property was associated with r•r events, activities, •i persons, or -?.ttained the characteristics which qualify it for National Register listing. Period of significance usually begins with the date when significant activities or events began giving the property its historic significance; this is often a date of construction. For prehistoric properties, the period of significance is the broad span of time about which the site or district is likely to provide information; it is often the period associated with a particular cultural group." For the site • an important event, such as a pivotal • labor strike, the period • significance is the time when the event occurred. For properties associated with historic trends, such as commercial development, the period of significance is the span of time when the property actively contributed to the trend. For a property associated with a significant person, the period of significance is usually the length of time the property was associated with the important person. For architecturally significant properties, the period of significance is the date of construction and/or the dates of any significant alterations and additions. The period of significance for an archeological site is the estimated time when it was occupied or used • • related to its •• for example, 3000-2500 B.C. Identify and • the periods • • associated with the site • structure: 1913 — date • construction 7 Page 538 of 585 Based on the above, explain the site or structure's integrity and significance. Include any biographical data on significant persons, architects, builders if known. Continue on a separate sheet if necessary. (Provide typed attachment if preferred). See Attachment I All sources cited in this application must be included in the bibliography. Continue on a separa' sheet if necessary. (Provide typed attachment if preferred). i See Attachment J 8 Page 539 of 585 NW11 11211:12104 "'UMMI11"01'a 1. Name: City of Boynton Beach 2. Address: 100 E. Boynton Beach Blvd., P.O. Box 310 City: Boynton Beach State: Florida —Zip Code: 33425 �M=Q,qmsll - 3. Interest in Property (check one)*: Owner X, Agent 0, Contract Purchaser F-1, * Include a copy of the last recorded Warranty Deed with all applications. a. Include written consent of all property owners of record if subject property is under joint or multiple ownership. b. If an authorized agent, include a copy of the Agent Agreement or written consent by the seller(s) and owner(s). B. PROPERTY OWNER INFORMATION: 1. Name of Property Owner (Trustee): As above Rjore-71TATT-TKIT05 =- no Ffjl�� OM[01,151 wofj• 1. Rame: * All correspondence will be mailed to the agent unless there is no agent of record, in which case, all corresponden will be mailed to the applicant. This party will receive agendas, letters, and other material. i Company Name: 2. Address: City: Phone: D. AUTHORIZATION OF AGENT: pm Signature of Owner(s) or Trustee, of authorized principal if property is owned by a corporation or ,iither business entity, xv FATOT070 Me- Me - 711M2 M 9 Page 540 of 585 CERTIFICATION: (1) (We) understand that this application and all papers and plans submitted herewith become part of the permanent records of the Planning and Zoning Division. (1) (We) hereby certify that the above statements or showings in any papers or plans submitted herewith are true to the best of (my) (our) knowledge and belief. This application will not be accepted unless signed according to the instructions below. Signature of Owner(s) or Trustee, of Date authorized principal if property isowned by a corporation or other business entity. OR Signature of contract purchaser (if applicant). Date A representative must be present at all Historic Resources Preservation Board (HRP13) meetings and City Commission meetings held to review this application. The public noticing requirements contained herein shall be applicable to all historic site designation applications. Pursuant to City of Boynton Beach Ordinance 12-016, no quasi-judicial proceeding shall proceed until proof of notice of the proceeding, in affidavit form, has been filed with the Office of the City Clerk and copied to Planning & Zoning. Proof of notice must include the name and address of each property owner to whom notice was mailed and a photograph of each sign posted, as hereinafter required. The following notices must be paid for and provided by the applicant: A. MAILING: The applicant shall mail a notice of the time, place and subject matter of the public hearing to all individuals and associations owning or having control over abutting or adjacent property as determined by the Historic Preservation Planner. Property owner details may be obtained from the Palm Beach County Property Appraiser website or by contacting one of the offices listed below. A copy of the notice and a list of the property owners contacted shall be mailed to the Planning and Zoning Division, City of Boynton Beach. All notices shall be mailed by first class mail and postmarked no less than 10 calendar days before Eye public hearing. ru I an, no am LVI 0 44 3 M" N , = -• . M. I &Am- 0 10 Page 541 of 585 B. SIGNAGE: One (1) sign for each street frontage of the property shall be posted no less than 1 calendar days prior to the hearing. Signs shall be legible from a distance of 100 feet and shall contain description of the approval being sought, the date, time and location of the hearing, and a stateme that the application being considered is available for inspection in the Development Department of t City of Boynton Beach. Minimum sign size shall be 24" wide by 18" high. ■ IVUVAAM��M 01 ama � rNT-M I ON 13- I .ocation: City Commission Chambers, City Hall 100 East Boynton Beach Boulevard I nformation: Department of Development (561) 742-6757 The application may be inspected at the Development Department, City of Boynton Beach I C. POSTPONEMENT: When a quasi-judicial hearing is tabled or continued at the request of an applicant, re -notice of the hearing shall be provided by the applicant in the same manner as the original notice. 1. Applicants who wish to utilize City electronic media equipment for presentations at Histori# Resource Preservation Board and City Commission Public Hearings must notify the Planning and Zoning Department representative at least one (1) week prior to the scheduled meeting; 2. The notification is to include the scope of support to be provided, including the correspondir"r* agenda item, type of media, materials and equipment needed, along with contact informatim for the applicant; I 3. The department representative will notify the I.T.S. Department at least two (2) working days pd2r to the meeting to schedule technical support; 4. A copy of the items to be presented must be delivered to the I.T.S. Department no later than 6:00 p.m. on the working day preceding the Commission meeting. At the conclusion of the meeting, these items will be returned to the department representative who originated the request; 5. In the event that media or materials are defective, I.T.S Department. will notify departme representative by noon of the day of the meeting. 6. At least thirty minutes prior to the Commission Meeting, non -City individuals will meet with the I.T.S. Department representative to finalize procedures. 11 Page 542 of 585 AMMOT-AVAI UI 9 AI o7ATA Ill' M, e; W, A, t Mte Project Name: File #: I / We, the undersigned do certify that to the best of my knowledge, the attached ownership list is complete and accurate representation of the real estate property and property owners abutting or adjace to the above -referenced property as determined by the Historic Preservation Planner. This reflects t most current records on file in the Palm Beach County Property Appraiser's Office. Site signs were posted on the premises a minimum of 10 days in advance of the public hearing accordance with City Ordinance 12-016. Attached, are photographs of the signs showing their placerne on the property and the abutting right-of-way. Sincere Y, A�p ficant /`Agent IMMIT•� S:\Planning\Shared\WP\Spec Proj\Historic\Application Forms\Historic Site Designation Application.doc IN Page 543 of 585 Boynton Beach Register of Historic Places Designation Application Boynton School April 26,2017 129 E. Ocean Avenue Um List of Illustrations Attachment A: Location Map Attachment B: Existing Elevations and Plans (1996) Attachment C: Original Elevations (1912) Attachment D: Exterior and Interior Photographs Attachment E: Historic Photographs Attachment F: Site and Building Description Attachment G: Alterations Attachment H: History Attachment 1: Statement of Significance Attachment J: Bibliography 0 Page 544 of 585 I , 4 April 26, 2017 Fig. 1: Location Fig. 2: South Elevation (1996) Fig. 3: North Elevation (1996) Fig. 4: East Elevation (1996) Fig. 5: West Elevation (1996) Fig. 6: First Floor Plan (1996) Fig. 7: Second Floor Plan (1996) Fig. 8: Attic Plan (1996) Fig. 9: South Elevation (1912) Fig. 10: North Elevation (1912) Fig. 11: East Elevation (1912) Fig. 12: West Elevation & N -S Section (1912) Fig. 13: South Elevation, Looking N Fig. 14: North Elevation, Looking SE Fig. 15: West Elevation, Looking NE Fig. 16: East Elevation, Looking W Fig. 17: High School & Plaza, Looking NW Fig. 18: Playground & Amphitheater, Looking N Fig. 19: Stairs Fig. 20: Door & Wainscoting Fig. 21: Stairs & Attic Stairs Fig. 22: Stair Wainscoting Fig. 23: Interior Door & Windows Fig. 24: Windows Fig. 25: West & South Elevations During Construction c.1912 Fig. 26: West & South Elevations c.1913 Fig. 27: South & East Elevations, no date Fig. 28: South & East Elevations Prior to Awning Windows, no date Fig. 29: South Elevation 0994 Fig. 30: East & North Elevations c.1994 Fig. 31: East Elevation c.1994 Fig. 32: North &West Elevations c.194 Fig. 33: Stairs c.1994 Fig. 34: Hallway c.194 Fig. 35: Attic Stairs c.1994 Fig. 36: Interior Details 0994 Fig. 37: Sanborn Map 1924 Fig. 38: Plat Map c.1 950s Fig. 39: Site Aerial Fig. 40: Belfry, Looking SE Fig. 41: Entry Porch, Looking N Fig. 42: East Entrance Door Fig. 43: Awning Windows, AC Units, West Canopy 1994 Fig. 44: Front Entrance Access Ramp 1994 Fig. 45: Access Ramp Fig. 46: Enlarged Access Opening Fig. 47: Original Fire Escape Stairs Fig. 48: New Fire Escape Stairs, New Door, Blocked Window Fig. 49: 1953 Aerial Fig. 50: Green Space to the South (c.1994) Fig. 51: Green Space to the East (c.1994) Fig. 52: Original North Elevation Fig. 53: Existing North Elevation All photographs by W. Adams unless indicated in text. Boynton School 129 E. Ocean Avenue Page 545 of 585 Boynton Beach Register of Historic Places Designation Application Boynton School April 26, 2017 129 E. Ocean Avenue IW*TT-Ti MoM • Fig. 1: Location (Palm Beach County Property Appraiser Website) Page 546 of 585 MMUMMMA7 FITRI M, April 26, 2017 I-Mmig M. =Mim: J LAI;L -.- --.- maw"I 2 TIM Page 547 of 585 Boynton Beach Register of Historic Places Designation Application Boynton School April 26, 2017 129 E. Ocean Avenue IT-- j LL! OR, mm Fig. 5: West Elevation (Robert Currie Partnership, Inc. Sowards Eliopoulos,1996) (not to scale) Page 548 of 585 . . ....... . ... .... . . .. 4 i� i E 1, F1 u mm Fig. 5: West Elevation (Robert Currie Partnership, Inc. Sowards Eliopoulos,1996) (not to scale) Page 548 of 585 Boynton Beach Register of Historic Places Designation Application Boynton School April 26, 2017 129 E. Ocean Avenue I:M= F2T�IFAMT-TrMr*jNr* MM MMI: n4 -TM ", I I'' II I i Page 549 of 585 Boynton Beach Register of Historic Places Designation Application Boynton School April 26, 2017 129 E. Ocean Avenue 9 Page 550 of 585 Boynton Beach Register of Historic Places Designation Application Boynton Schoci April 26, 2017 129 E. Ocean Avenue Fig. 9: South Elevation (W.W. Maughlin, 1912) (not to scale) Fig. 10: North Elevation (W.W. Maughlin, 1912) (not to scale) Page 551 of 585 Boynton Beach Register of Historic Places Designation Application Boynton School April 26, 2017 129 E. Ocean Avenue —CA*'r—ELEV,kTI43W— Fig. 12: west tievation & N -b becuon kvv.vv. iviaugumn, 1U 14) kI1UL LU bL;dIU) Page 552 of 585 Boynton Beach Register of Historic Places Designation Application Boynton School April 26, 2017 129 E. Ocean Avenue Fig. 13: South Elevation, Looking N (4/18117) Fig. 14: North Elevation, Looking SE (4/18/17) Fig. 15: West Elevation, Looking NE (4/18/17) Fig. 16: East Elevation, Looking W (4118/17) Fig. 17: High School & Plaza, Looking NW (4/18/17) 10 Fig. 18: Playground & Amphitheater, Looking N (4/18/17) Page 553 of 585 Boynton Beach Register of Historic Places Designation Application Boynton School April 26, 2017 129 E. Ocean Avenue VMMUM.M.LM• Fig. 19: Stairs (4120117) Fig. 20: Door & Wainscoting (4120117) Fig. 21: Stairs & Attic Stairs (4/20/17) Fig. 22; Stair Wainscoting (4120/17) Fig. 23: Interior Door & Windows (4/20/17) 1I Fig. 24: Windows (4/20/17) Page 554 of 585 Boynton Beach Register of Historic Places Designation Application Boynton School April 26, 2017 129 E. Ocean Avenue RI=m"n, -Lim Fig. 25: West & South Elevations During Construction c.1912 Fig. 26: West & South Elevations c.1913 12 Page 555 of 585 Boynton Beach Register of Historic Places Designation Application Boynton School April 26,2017 129 E. Ocean Avenue Fig. 28: South & East Elevations Prior to Awning Windows, no date '13 Page 556 of 585 Boynton Beach Register ofHistoric Places Designation Application Boynton School Apri 126, 2017 129 E. Ocean Avenue Fig. 29: South Elevation c. 1994 (National Register of Historic Places Registration Form) Fig. 30: East 8North Elevations c.1984(National Register ofHistoric Places Registration Form) M Page 557 of 585 Boynton Beach Register of Historic Places Designation Application Boynton School April 26, 2017 129 E. Ocean Avenue Fig. 31: East Elevation c.1994 (National Register of Historic Places Registration Form) Fig. 32: North &West Elevations c.1994 (National Register of Historic Places Registration Fonn) I w Page 558 of 585 Boynton Beach Register of Historic Places Designation Application Boynton School April 26, 2017 129 E. Ocean Avenue Fig. 33: Stairs c.1994 (National Register of Historic Places Registration Form) Fig. 35: Attic Stairs c.1994 (National Register of Historic Places Registration Fonn) Fig. 34: Hallway c.1994 (National Register of Historic Places Registration Form) Fig. 36: Interior Details c.1994 (National Register of Historic Places Registration Form) 16 Page 559 of 585 Boynton Beach Register of Historic Places Designation Application Boynton School April 26, 2017 129 E. Ocean Avenue V0 The structure is located on original site at 129 E. Ocean Ave. (aka 141 E. Ocean Ave.)on north side of E. Ocean Avenue between N. Seacrest Boulevard and NE 1st Street. Originally, the school appears to have been located on Lot 2, Block 14 of Sawyer's Addition as shown on the Sanborn Map from 1924. By approximately the 1950s, the site had been amended to the southern halves of Lots 2 and 3 of Block 14 of Sawyer's Addition. At some point the site was expanded to an irregularly shaped site comprising Lots 2 & 3 art -4 parts of • and w Block 14 Addition. Fig. 39: Site Aerial (Palm Beach County Property Appraiser Website) The site is 2.02 acres in area and contains the 1913 school building, a brick paver sculpture plaza, a surfaced parking lot, the Kids Kingdom playground, an amphitheater, and areas of green space. To the north of the site is the City Hall complex which contains the police and fire stations, to the south is the library and civic center complex, to the east is a surfaced parking lot, and to the west, across N. Seacrest Boulevard is the First United Methodist Church. Immediately to the west of the 1913 school building is the historic 1927 High School building which is listed on the Local Register of Historic Places. 17 Page 560 of 585 I � .• P .�, ,C E , OCEAN At some point the site was expanded to an irregularly shaped site comprising Lots 2 & 3 art -4 parts of • and w Block 14 Addition. Fig. 39: Site Aerial (Palm Beach County Property Appraiser Website) The site is 2.02 acres in area and contains the 1913 school building, a brick paver sculpture plaza, a surfaced parking lot, the Kids Kingdom playground, an amphitheater, and areas of green space. To the north of the site is the City Hall complex which contains the police and fire stations, to the south is the library and civic center complex, to the east is a surfaced parking lot, and to the west, across N. Seacrest Boulevard is the First United Methodist Church. Immediately to the west of the 1913 school building is the historic 1927 High School building which is listed on the Local Register of Historic Places. 17 Page 560 of 585 Boynton Beach Register of Historic Places Designation Application Boynton School April 26, 2017 129 E. Ocean Avenue Building- Exterior uilding Exterior Much of the following interior and exterior architectural information has been adapted and updated from the 1994 National Register application'. The Boynton School is a T-shaped, two-story, masonry Vernacular building resting on concrete stem walls and pier footings. The style is emphasized by the use of rusticated cast concrete block and quoins on the exterior. The building features a low-pitched, hipped roof covered with metal shingles and wood frame doors and windows which contain impact glass. Although the windows resemble the original 1/1 sash and case windows, they do not open. The windows have cast concrete sills and lintels. Fig. 40: Belfry, Looking SE (4/18117) South Elevation One of the most distinguishing features of the building is the central belfry. Its tower is covered with sheets of decorative tin plate designed to resemble the rusticated concrete block. The tower is crowned with a low-pitched pyramid roof and is flanked on the north and south sides by railings fixed between short piers extending from the tower base. The primary feature on the south (front) elevation is the arched, hipped roof entry porch. It is accessed by three concrete risers with metal handrails which are flanked by concrete side walls. The porch area has a concrete floor and wooden ceiling. The east side of the porch has a rectangular opening with a cast concrete sill. The west side originally had a similar opening; however, it was enlarged in 1996 to form an entrance to the building from the disabled access ramp which was also installed at that time. The main entrance to the building is via a wooden double door with single -light windows and a three - panel transom. Wood frame windows flank the entrance doors. Above the porch at second floor level is a double central window flanked by single windows. Extending beyond the porch sides are the east and west ends of the main block of the building. On each story of these elevations there are two single windows. Fig. 41: Entry Porch, Looking N (4/18117) 1 Boynton School National Register of Historic Places Registration Form, January 1994 in Page 561 of 585 Boynton Beach Register ofHistoric Places Designation Application Boynton School April 26, 2017 129 E. Ocean Avenue West Elevation The west elevation has mvvooden double door with three - light transom accessed by five risers flanked by concrete side vxa||a. There one two windows on either side of the entrance. []nthe second story is e central double window with two single windows on each side. The front (south) projection has two windows on the first floor and two windows onthe second floor. East Elevation The east elevation generally mirrors the west elevation apart from the front (south) projection which has two windows on the second floor but only one onthe first floor. North Elevation Fig. 42:East Entrance Door (4U8M7) The north (near) elevation has two single entrances with glazed wood frame doors and transomm, one directly above the other on each floor. The doors are linked byoconcrete and steel fire escape stair which runs perpendicular to the building. To the right (west) of each door is a band of four single windows. On either side of the bands of windows on each floor are two oinQ|o windows. First Floor The main entrance on the south elevation |amde directly into lobby which provides access to rantuoomo.the first floor hall, the stairway hmthe second floor, and the gift shop. The first floor hall is a rectangular space that provides access to the elevator and three former rectangular classrooms which now house museum and exhibition space and archives. Although there was some reconfiguration in 1Q@0for the installation ofnew namtronmm and the e|evabor, the main public exhibition mpauoo comprising the ho||s, nbaira, and former o|aaanooma retain their original spaces. The original stairs and ba|uatnadeo, vvminacoting, wall p|aabor, dour and window surrounds, and wood flooring remain. Second Floor The second floor hall provides access to restnonms, the attic etainy. and the second floor hall, which in turn leads to three former rectangular u|oomrooma which now house museum and exhibition space. As with the first floor, the main spaces are ndaUwa\y unaltered and most of the decorative woodwork and p|enterwmrkhas been retained. 19 Page 562 of 585 Boynton Beach Register ofHistoric Places Designation Application Boynton School April 26, 2017 129 E. Ocean Avenue Removal of original wood frame double -hung windows and installation of metal frame awning windows, some of which contained window -mounted AC units Construction of a canopy attached to the west elevation Construction of a wooden disabled access ramp at the entrance Replacement roof shingles Repairs to belfry, new aluminum handrail, installation of lights Replacement of front entrance and side entrance stairs Removal of wooden disabled access ramp, installation of new disabled access ramp and enlarging of original porch west opening to provide access from ramp Fig. 45: Access Ramp (4/18/17) NE Page 563 of 585 Boynton Beach Register of Historic Places Designation Application Boynton School April 26, 2017 129 E. Ocean Avenue Removal of rear fire escape stairs, creation of two windows from original fire escape doors, installation of new fire escape stairs and creation of new second floor fire escape door from existing window Fig. 47: Original Fire Escape Stairs (National Register Application Form, 1994) MM 901 Removal of existing doors and installation of new wood and metal doors Removal of metal frame awning windows and installation of wood double -hung windows with aluminum storm panels Removal of west elevation canopy Construction of sculpture plaza Removal of existing restrooms and installation of new reconfigured restrooms Installation of sprinklers, new electrics and new AC mechanical system Installation of dropped ceiling on first floor (to hide new mechanical system) Installation of new elevator Removal of interior partitions, plaster and beading repairs, installation of new wood doors 301 IMM -1 M-1 L! • Z 0 - .• • Construction of amphitheater, seating, restrooms, and plaza bell tower • Installation of museum displays, theater, storage 2001 • Installation of cut letter sign around entrance arch, installation of plaza clock • Installation of security system PME 0 Removal of existing amphitheater and construction of new amphitheater 2011 • Installation of new wood frame, impact resistant doors and windows, interior flooring repairs 21 Page 564 of 585 Boynton Beach Register of Historic Places Designation Application Boynton School April 26, 2017 129 E. Ocean Avenue followingThe • are copied from9 # Register of Historic Places Registration ForM2 . They provide the history (with Bibliography) of the Boynton School up until 1994. The history of aF • "R at the end. National Register Continuation Shoot Boynton r,Boynton Beacl Palm Beach Co., FL Section number In 1850t the Trustees of the Internal improvement Fund of the state of Florida granted the Florida Coast Line Canal and Transportation Company' land i+ rt' Beach.1 This transfer was in accordance policy to promote development by giving public lands to those who would create canals and railroads. becomewould eventually o .r.slowly progressing southward developers.east coast of Florida. The era of canal transport had passed its peak, however, and the Canal Company soon began selling some of its lands to real estate tract in the Boynton Beach area to Albert M Massachusetts manufacturer developer.Sawyer's purchase included what was shown on a iqo2 plat as "Sawyer's Addition to the Town of Boynton." 1892, Henry M.Flagler, the primary coast,developer of Floridas east M w and ,♦ entered y a businessagreement w ,m gave the Flagler interests control over a large amount of Boynton Major Nathan Boynton first visited South Florida in 1895. He was t #k A. Linton,o had staked out ! s' 2 Ibid. I Dade County (FL) Register of Deeds, Book D, p.360-370. EdwardN. Akin, Flagler, RockefellerPartnert" Saron (Gainesville, 1992), 177-179. 22 Vey, Page 565 of 585 Boynton Beach Register of Historic Places Designation Application Boynton School April 26, 2017 129 E. Ocean Avenue t National Park Service National Register of Historic Places Continuation Shoot Boynton School, Boynton Beac Palm Beach Co., FL I Section number Page —I— it was not until after the railroad arrived that the community established its first pablic school. That was in late 1896 or early 1857 under the auspices of the Dade C"nty School Board. The first school was a small, wood fraze building just east of the F.E.C. railroad tracks and north of Ocean Avenue.4 By the time the school opened, the community had some seventy settlers, including thirteen families with eight school-age childrea.5 Gilbert L. Voss, "The Early History of Boynton Beach, "TIg -; 4 July 1974, S. IV r PX261 augharty Houston, "Memories of the Boynton school, 1896- 192011, Manuscript From the Collection of the Boynton Historical Society, Boynton Beach, FL. 5 Florida, (3.896) Dade. 23 M [a Page 566 of 585 Boynton Beach Register of Historic Places Designation Application April 26, 2017 National Service National Register of Historic Places Continuation Sheet Boynton school, Boynton Beach, Palm Beach Section number---A— Boynton School 129 E. Ocean Avenue Public School lot in the Sawyer Addition. A school bell, still housed at the Boynton Beach Elementary School, hung in the belfry and called all the students from the first through the ninth grades to the single classroom school,6 which at the time stood at the western edge of town, bordered by pine woods and pineapple fields to the west.7 Ron Hayes, "Boynton school bell regains familiar ring, "Tbn 2 June 1.987, 10, 40. Houston, Memories of the Boynton School" U.S. census, manuscript returns for Palm Beach County, Florida, 1910 (Microfilm at Genealogical Society of Palm Beach County) 9 Dade County Public Schools, School Board Minutes. Book 3. Miami, 8 October 1907. MI, LIM Page 567 of 585 Boynton Beach Register of Historic Places Designation Application April 26, 2017 National Register of Historic Places Continuation Sheet Boynton School, Boynton Beach, Palm Beach Section number Page Boynton School 129 E. Ocean Avenue Historic Significance 10 Herbert H. Strom, "The Growth of Pair 1punpublished manuscript, 1960, Exhibit X 99 architectural pians® the School and of Palm illustrated History 51 Page 568 of 585 Boynton Beach Register of Historic Places Designation Application Boynton School April 26, 2017 129 E. Ocean Avenue a s� National Register o " oi 'laces Continuation Sheet Boynton School, Boynton Beach, Palm Beach Co., FL section number —.1— ;' The 1920 report from the county school board to the state department z,.v rural schools in the preceding two years. Two years later the county new buildings, s Lake > 's V` reportedin Palm Beach, South Palm Beach, and other towns.19 f f 1 fk � f f 1, EM Page 569 of 585 Boynton Beach Register of Historic Places Designation Application April 26, 2017 Boynton School 129 E. Ocean Avenue M, =7*17 National Register of Historic Places Continuation Sheet Boynton School, Boynton Beach, Palm Beach Co., M Section numbert- 11 , 461, toith a oorresponding increase' in the number of teachers. in 1926 a bond issue was passed for a second school in Boynton, 20 and the town's first high school was built, adjacent to the old Boynton School. it was the first time that two schools were operated in Boynton at the same time. As the nation and Florida moved out of the depression with the approach of World War 11, development and growth continued to boost school enrollment. In September 1949, Boynton Beach children began attending Seacrest High School with their neighbors from Delray Beach and Boca Raton -21 Elementary Orograws in Boynton Beach subsequently expanded to occupy both the high school and elementary buildings. Still, the tide of students could not be contained within the existing walls of the Boynton Beach Schools, and temporary classrooms began to fill the grounds. The 1913 school boilding, 'which is the oldest school building in Boynton Beach and has been an important part of the community since the early twentieth century, had nearly reached the limit or its usefulness by 1966. The last elementary students attended classes in the old Boynton School in the 1980 The Palm Beach County School Board currently utilizes the old Boynton School to house special programs such as English for Speakers of Other Langoages (EsOL) and special education. I 20 "Boynton Schools to Open Doors Monday." Soptember 1926. 21 "School Bells to Ring Sept 6 for all StudentsBoynton Beach News, 1 September 1949, 4. El IN NO "M 111 A "M %I iur,lil[JL;;AIRL*mlr.,]E;I;pmtMI 1LAF7XU*A1L,710%1,P1LPJ�-1ff The Schoolhouse Children's Museum and Learning Center opened in 2001 and continues provide education. Visitors can experience South Florida's history through interactive exhibits a learn about art, music, and the sciences through free weekly programs, education Glasses, a specialty workshopS4. I 3 Schoolhouse Children's Museum and Learning Center Website 4 Ibid. PA, Page 570 of 585 Boynton Beach Register of Historic Places Designation Application April 26, 2017 Boynton School 129 E. Ocean Avenue Florida. nepartment of Education, "Narrative Reports of County superintendents, 1918-1922,11 Pasaarch Report #74. Copy of original report at Historical Society of Palm Beach County. Florida. Superintendent of Public Instruction. Biennial Reports. Tallahassee, for the two years ending 1908, 1910, 1912, and 1914. 102"1 Page 571 of 585 Boynton Beach Register of Historic Places Designation Application Boynton School April 26, 2017 129 E. Ocean Avenue 29 Page 572 of 585 United States Department of the Interior NationW Park Senrice NationalRegister of Historic Places Continuation Sheet Boynton school, Boynton Beach, 2 Palm Beach Co., FL Sedlon number page Maughlin, W. W., "Boynton School House," architectural plass® West Palm each, 1912. Originals held by the School and of Palm beach County, Palm each Gardens, FL Palm Beach County. Public School. School Board Minutes. Book 2: 6 July 1909-17 November 1915. PAilzjlqgagh—post, 8 June 1890 (Brown 'Wrapper supplement); 29 July 1919; 28 March 1920; 1 September 1926; 13 November 1927; 8 June 1932. "School Bells to Ring Sept 6 for all Students," D2ynt2D_jLqA0 jLfta, I September 1949. TXDN_jgAj-S=, 5 June; 11 and IS September; 23 October 1913. U.S. Census, Population Returns, Palm Beach County, Florida, 1910. Voss, Gilbert L®, tlThe Early History of Boynton Beach," Tba Exaxin=, 4 July 1974. 251 29 Page 572 of 585 Boynton Beach Register of Historic Places Designation Application Boynton School April 26, 2017 129 E. Ocean Avenue Mir -Mi 11 - The subject is the oldest school building Boynton Beach. Its substantial design, facilities, and aeveiopments 11 1 eaRaLlonai sjrslern 1171-Trile-cum-MITULT-wTi 1-Wii-6-eWr longer used as a school, the building is still used for educational purposes by the Schoolhouse Children's Museum and Learning Center. According to staff at the Children's Museum, it is the only children's museum in Florida which is housed in a historic school building5. Added to the National Register of Historic Places in 1994, the school is an excellent example of the Masonry Vernacular style that retains most of its original interior and exterior features. The National Register application form states that the Boynton School is architecturally the best example of the remaining early schools in Palm Beach County as other remaining early county schools have been significantly altered on the exterior. The building is one of the last works of William W. Maughlin, a prominent local architect who designed several public and private buildings in Palm Beach County including the West Palm Beach High School, built in 1908. The subject is eligible for inclusion in the Boynton Beach Register of Historic Places as it is significant in the areas of education and architecture and Is associated with events that have made a significant contribution to the broad patterns of the City's history. Embodies the distinctive characteristics of a type, period or method of construction, or represents the work of a master, or possesses high artistic values, or represents a significant and distinguishable entity whose components may lack individual distinction. However, for a site to be listed on the Local Register, it must also possess integrity. The City Historic Preservation Ordinance recognizes seven aspects that define integrity: location, design, setting, materials, workmanship, feeling, and association. The ordinance is based on the National Register Criteria for Evaluation which states: `To retain historic integrity a property will always posses several, and usually most, of the aspects'. All properties change over time. It is not necessary for a property to retain all its historic physical features or characteristics. The property must retain, however, the essential physical features that enable it to convey its historic identity. The essential physical features are those features that define both why a property is significant (Applicable Criteria and Areas of Significance) and when it was significant (Periods of Significancef 5 Suzanne Ross, Executive Director, Schoolhouse Children's Museum and Learning Center. 6 AjjWj" J1 rin oWn R. H. fed. I National Reaister Bulletin 15. How to App the National Register Criteria 901 Page 573 of 585 Boynton Beach Register of Historic Places Designation Application Boynton School April 26, 2017 129 E. Ocean Avenue Location and Settina The subject retains its integrity with regard to location as the building issited inits original location and this isthe location a1which the significant events occurred. The setting; hovvevar, has changed considerably since construction. Photographs from around 1913 suggest that the land surrounding the school was fairly undeveloped. Aothe town expanded and the need for new schools grew, the High School was built immediately to the west of the subject in 1927. In the post-war years, Boynton expanded rapidly; hovwewar, as the aerial from 1953 uhoxvn. the land around the school remained undeveloped. Fig. 49: 1953 Aerial south. These features have had some impact on the setting of the school as there is now much less green space and landscaping around the structure. The following photographs show the landscaping that existed c. 1994. Fig. 51: Green Space to the East (c.1994) (National Register of Historic Places Registration Form) Based on the above, the integrity of the location is retained; however, there has been sorli impact on the integrity of the setting. 31 Page 574 of 585 Boynton Beach Register of Historic Places Designation Application Boynton School April 26, 2017 129 E. Ocean Avenue [!�. IIII,71mr-mmi I . fil . I a 0 The structure retains the majority of its design features both externally and internally. The mos -1 significant exterior alterations are as follows. 0 Z r -AT A74a requirement for this addition. The ramp may have been less obtrusive if a railing rather than a wall had been used as this would be less bulky and would have obscured less of the original building. However, appropriate materials have been used and the alterations are reversible. The addition of the new fire escape stair to the rear (north) elevation resulted in the removal of the two original fire escape stairs. The new stair has been installed to run perpendicular to the building unlike the original stairs which ran parallel to it. Therefore, the new stairs are more noticeable as they project significantly from the building. The new stairs also resulted in changes to the rear fagade of the school as the two original fire escape doors on the second floor were converted to windows and one of the original as existing openings were undertaken to accommodate the new escape stairs, appropriate materials have been used to block up the converted windows, and the alterations are reversible. F2=54KOTEMMINO "11 :0.7045M The replacement windows do not open; however, they have wood frames and resemble the original double -hung sash windows. The windows also contain impact glass which protects the building and removes the need for other forms of protection such as rami#y4W,le stirm Aanals which r&iWre, tracks,#&W,*Its 52.14 C? -A �,e *,vrleAS+MQ t',-#, iA,%t2II *r unsightly accordion or roll -down shutters which are permanently attached to the building. Appropriate materials have been used and this alteration is reversible. Internally, there has been some reconfiguration of the original space to accommodate new restrooms and an elevator; however, the main spaces such as the halls, stairwell, and classrooms have been retained. The materials used in the structure are consistent with the time of construction and the ITTiasonry Vernacular style. The structure retains almost all of the original key materials both externally and internally. Replacement or new materials used during repairs and alterations are either identical to or closely resemble the original materials. 32 Page 575 of 585 Boynton Beach Register of Historic Places Designation Application Boynton Schooi April 26, 2017 129 E. Ocean Avenue The workmanship exhibited in the construction of the building is of a very high standard and demonstrates the skills used at the time of construction. All repairs and alterations have been carrieR: out to a similar high standard. Therefore, based on the above, the structure retains the most of its integrity with regard to materials, workmanship and interior design. There has been some adverse effect on the exterior design due to the installation of the disabled access ramp and the fire escape stairs; however, these alterations are necessary for a publicly accessible building, the materials used are consistent with the style and construction of the building, the workmanship has been carried out to a high standard, and the alterations are reversible. The site retains its association with the events that are significant in the history of the city i.e. the development of the education system. The building is sufficiently intact and is recognizable as a • school. Feeling is how a property expresses its aesthetic or historic sense of a particular period of time through design, workmanship, materials, and setting. Although the setting of the site has changed and there have been some exterior and interior alterations, the design, high quality workmanship, and materials evoke a sense of a past era. The majority of the building's original features remain which convey the property's historic character, Therefore, based on the above, the subject property is eligible for individual designation and inclusion on the Boynton Beach Register of Historic Places for its historical and architectural significance. The property is fine example of a Masonry Vernacular school building from the Spanish-American War Period, it retains most of its original features and sufficient integrity to be recognizable as a former school, it has been well maintained, it is associated with significant events from the city's past, and it is listed on the National Register of Historic Places. W Page 576 of 585 Boynton Beach Register of Historic Places Designation Application Boynton School April 26, 2017 129 E. Ocean Avenue R =- W -J !W"A Andrus P.W. & Shrimpton R.H, (ed.). National Register Bulletin 15: How to Apply the National Register Criteria for Evaluation. Washington DC: US Department of the Interior, 1990, revised for the internet • Boynton School National Register of Historic Places Registration Form, Carrie Parker, Assistan) City Manager and Barbara E. Mattick, Historic Sites Specialist. January 1994. rliii L ji'Al lke I Mm= Suzanne Ross, Executive Director, Schoolhouse •' Museum and Learning Center. A 20,2017. 1 Boynton Cultural Center Schoolhouse, Park & Museum, Robert Currie Partnership, Inc. Sowards Eliopoulos.1996 34 ii T111,11 lil 111 11,1111"Flill !1 1111111 ii 1 1 'i Page 577 of 585 Boynton Beach Register of Historic Places Designation Application Boynton School April 26, 2017 129 E. Ocean Avenue Websites 'T'll 11 rA011 10] 1 IRM I Im NINJI11 II LA UI 1 0 Palm Beach County Property Appraiser, page consulted on various dates hftp://www.co. palm- beach.fl.us/F.a"/Asys/Proy,ertXDetaii/Pro x?5•arcel=08434528050140020&srchty,# e=map @ # MMITEWIAMPrAMW - - I III -I W 11121MIt hftps://www.schoolhousemuseum.org/ Report prepared by W. Adams His4ric April 26, 2017 99 Page 578 of 585 13.C. LEGAL 5/16/2017 REQUESTED ACTION BY COMMISSION: Direct staff to suspend enforcement of the City's Code of Ordinances, Chapter 17, Article 11, Solicitors and Canvassers. EXPLANATION OF REQUEST: The City of Boynton Beach has a Code Provision regulating door-to-door solicitation which dates back to 1958. The City Attorney's Office is reviewing the City's regulations to determine the need, if any, for revision. In the interim, we are requesting that the Commission direct staff to suspend enforcement of the City's Code of Ordinances, Chapter 17, Article 11, Solicitors and Canvassers, pending further review. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Updating the City's code is part of the City's Strategic Plan to continuously evolve its policies and procedures in the best interest of the citizens of the City of Boynton Beach. FISCAL IMPACT: None ALTERNATIVES: Do not suspend enforcement of this code provision and not have legal review. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: REVIEWERS: Department Reviewer Action Date Page 579 of 585 Finance Howard, Tim Approved Finance Howard, Tim Approved City Manager LaVerriere, Lori Approved 141 Page 580 of 585 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 5/16/2017 REQUESTED ACTION BY COMMISSION: Monthly Departmental Presentations: ITS/GIS -June, 2017 Public Works - July, 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 Finance 14.A. FUTURE AGENDA ITEMS 5/16/2017 Reviewer Action Date Howard, Tim Approved 5/4/2017 - 4:35 PM Page 581 of 585 14. B. FUTURE AGENDA ITEMS 5/16/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 5/16/2017 REQUESTED ACTION BY COMMISSION: July 5, 2017 Commission Meeting has been cancelled. 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 Commission cancelled the July 5, 2017 Commission Meeting at the April 4, 2017 Commission 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 Reviewer Action Date Howard, Tim Approved 5/4/2017 ® 4:35 PM Page 582 of 585 14.C. FUTURE AGENDA ITEMS 5/16/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 5/16/2017 REQUESTED ACTION BY COMMISSION: Budget workshops for the FY 17/18 budget are scheduled in the Library Program Room on the following dates and times: Monday, July 17, 2017 @ 5:00 RM. Tuesday, July 18, 2017 @ 10:00 A.M. Wednesday, July 19, 2017 @ 2:00 P.M. 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 Finance Reviewer Action Date Howard, Tim Approved 5/4/2017 ® 4:35 PM Page 583 of 585 14.D. FUTURE AGENDA ITEMS 5/16/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 5/16/2017 REQUESTED ACTION BY COMMISSION: Proposed Medical Cannabis Dispensary Ordinance - 6/20/17 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 Finance Reviewer Action Date Howard, Tim Approved 5/4/2017 - 4:35 PM Page 584 of 585 14.E. FUTURE AGENDA ITEMS 5/16/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 5/16/2017 REQUESTED ACTION BY COMMISSION: Draft workforce housing ordinance for discussion - 6/20/17 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 Finance Reviewer Action Date Howard, Tim Approved 5/4/2017 - 4:35 PM Page 585 of 585