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Agenda 10-03-17The City of Boynton Beach City Commission Agenda Tuesday, October 3, 2017, 6:30 PM Commission Chambers 100 E. Boynton Beach Blvd., Boynton Beach, FL 33435 Regular City Commission Meeting - REVISED - Resolution was added to Agenda Item 6B. 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. 9 M www. boynton- beach. org Page 1 of 334 WELCOME Thank you for attending the City Commission Meeting GENERAL RULES AND 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 and 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 Page 2 of 334 to Holidays/Election Day). 1. OPENINGS A. Call to Order - Mayor Steven B. Grant I nvocation Pledge of Allegiance to the Flag led by Commissioner Mack McCray Roll Call Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption 2. OTHER A. Informational items by Members of the City Commission 3. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS A. Announcement of the Community Redevelopment Agency's (CRA's) 6th Annual Boynton Beach Pirate Fest and Mermaid Splash. B. Proclaim October 15, 2017 as White Cane Safety Day. Lighthouse for the Blind representative, Elizabeth Stevens, will accept the Proclamation from the Mayor. C. Proclaim the Month of October as National Arts and Humanities Month for the City of Boynton Beach. Kim Weiss, Arts Commission Chair will accept the proclamation. 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: 2 Alts Building Board of Adjustments & Appeals: 3 Regs and 2 Alts Employee Pension Board: 1 Reg Library Bd: 1 Alt Senior Advisory Bd: 1 Alt B. Consider approving a request from E21- Holdings to assign payment associated with Phase 1 Agreement to Dougherty Funding, LLC. Page 3 of 334 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. PROPOSED RESOLUTION NO. R17-090 - Authorize the City Manager to sign a service agreement extension with Motorola, Inc. in the amount of $3,042.74 for the continued maintenance and repair of existing radio telecommunications systems as a sole source vendor for the time period October 1, 2017 thru November 30, 2017. B. PROPOSED RESOLUTION NO. R17-091 - Authorize the City Manager to sign a Subscription Agreement with American Funding Innovators, Inc. for an annual amount of $7,300, for the service period of November 1, 2017 — October 31, 2018. C. PROPOSED RESOLUTION NO. R17-092 - Authorize the City Manager or designee to sign all documents associated with the acceptance of the Victims of Crime Act (VOCA) grant for the 2017-2018 funding cycle in the amount of $63,759 subject to the approval of the City Attorney. D. Approve the one-year extension for RFPs/Bids and/ or piggy -backs for the procurement of services and/or commodities as described in the written report for October 3, 2017 - "Request for Extensions and/or Piggybacks". E. Approve the minutes from the Regular City Commission meeting held on September 7, 2017. 7. BIDS AND PURCHASES OVER $100,000 - None 8. COMMUNITY STANDARDS 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 - None 12. NEW BUSINESS A. Approve the Right of Way dedication of 7.5 feet of property along the southern property boundary of the property located at 711 N. Federal Highway to the City of Boynton Beach as approved by the Community Redevelopment Agency (CRA) on August 8, 2017. B. The Mayor has requested to discuss the possibility of a resolution by the City in support of development of a boat lift at the C51 canal. Robert Shalhoub, President Pro Tem of Lake Clarke Shores to participate in discussion. C. Discussion relating to the Building Board of Adjustment and Appeals Board as to establishment, duties and future. 13. LEGAL - None 14. FUTURE AGENDA ITEMS A. Approve amendments to the LAND DEVELOPMENT REGULATIONS, Chapter 1, Article II, Definitions and Chapter 3, Article IV, Section 3.D, Table 3-28, Use Matrixand Footnote #57 to add definitions, use provisions, and standards that regulate the medical marijuana dispensary industry. - October 17, 2017 Page 4 of 334 B. Approve 711 North Federal Highway Abandonment (ABAN 17-007) allowing the abandonment of a portion of the alley immediately west of 711 North Federal Highway, and immediately north of NE 6th Avenue. Applicant: Michael Simon, Executive Director of the Boynton Beach Community Redevelopment Agency (CRA). - October 17, 2017 C. Approve Courtyard Gardens Major Site Plan Modification (MSPM 17-007) for a one-story, 51,258 square foot inpatient medical facility with memory care and related site improvements at 3005 S. Congress Avenue, in the C-3 (Community Commercial) zoning district. Applicant: Joni Brinkman, Urban Design Kilday Associates. - October 17, 2017 D. Staff to bring information concerning disposing of City -owned land - October 17, 2017. E. Discussion of number of boards people are allowed to serve on at one time, attendance policies, eligibility rules and qualification of members for all boards. - October 17, 2017 F. Presentation and adoption of FY 17/18 Strategic Plan Initiatives- October 17, 2017. G. Staff to review and report concerning Florida Textile Recycling, LLC. FTR, LLC which provides automated clothing recycling as a non-profit corporation and provides funding to agencies for other non-profit uses - November 7, 2017. H. Staff will prepare a list of legislative priorities for the 2018 legislative session for the Commission's input and approval. - November 7, 2017 1. Staff to research possibility of allowing dogs at the beach during certain hours and bring back to Commission - TBD J. PROPOSED ORDINANCE NO. 17-021 - SECOND READING -Approve Town Square Future Land Use Map Amendment from Public and Private Governmental/Institutional (PPGI) and High Density Residential (HDR) to Mixed Use Medium (MXM) and rezone from PU Public Usage, REC Recreation and R-3 Multifamily to MU -3 Mixed Use 3 zoning district. City -initiated. (First Reading approved 8/15, Second Reading Pending Fl. Dept. of Economic Opportunity approval, which takes approximately 2 to 4 months.) PROPOSED ORDINANCE NO. 17-022 - SECOND READING - Amending Ordinance 02-013 to Rezone a Parcel of Land Described Herein and Commonly Referred to as Town Square From Public Usage (Pu); Recreation (Rec) And Multifamily (R-3) to Mixed Use 3 (Mu -3). 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, ORACTAVITY 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 5 of 334 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/3/2017 REQUESTED ACTION BY COMMISSION: Call to Order - Mayor Steven B. Grant I nvocation Pledge of Allegiance to the Flag led by Commissioner Mack McCray 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: 1.A. OPENING ITEMS 10/3/2017 Page 6 of 334 2.A. OTHER 10/3/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/3/2017 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: Page 7 of 334 3.A. REQUESTED ACTION BY COMMISSION: Announcement of the Community Redevelopment Agency's (CRA's) 6th Annual Boynton Beach Pirate Fest and Mermaid Splash. EXPLANATION OF REQUEST: The 6th Annual Boynton Beach Pirate Fest and Mermaid Splash will be held on October 21st and 22nd, on Ocean Avenue between Seacrest Boulevard and Federal Highway. On Saturday, October 21st, Pirate Fest runs from 11:00 a.m. to 9:00 p.m. and on Sunday, October 22nd from 11:00 a.m. to 6:00 p.m. The festival opens with canon fire, and includes twelve stages of continuous live music, comedy acts, children's activities, pirate re-enactments, live mermaid shows, stunt shows & aerial acts, magic shows, costume contests, the Mermaid pageant, treasure hunts, Mermaid & Mariner's Parade and more. Craft and food vendors, including local businesses and restaurants, will be on-site. This event is FREE to the public. There is plenty of free parking available in the surrounding areas. Everyone is encouraged to participate in the "pirate/mermaid nostalgic maritime" theme by dressing in costume! The Schoolhouse Children's Museum and Learning Center will be holding a Pirate Treasure Hunt both days, 11:00 a.m. to 5:00 p.m. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The City will provide necessary support such as road closures, water service, marketing assistance, etc. to the event. FISCAL IMPACT: Budgeted Budgeted in CRA's approved FY17/18 budget. ALTERNATIVES: Do not allow announcement. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 8 of 334 Is this a grant? No Grant Amount: ATTACHMENTS: Type D Attachment Description Pirate Fest Flyer Page 9 of 334 ,M&T� ?irate Fe ermaidjs Splash J.'FJ l .UV IYI/iRllmu IV14toLa7 7:15 - 8:45 TB[ "MEET & GREET" WITH MERMA 8:45 9:00 FIRE KNIFE [DANGERS SUNDAY, OCTOBER 22 Q 11:00 -12:30 SCHOOL OF RUCK #jL)jL)jjLirateFi 12:45 - 2:15 TBO 2:30 - 3:30 MERMAID PAGEANT 3:30 - 4:00 MISS JOOY'S PLACE TO [DANCE A.nn "G.,3n CQQL11n TUU nim r 3.B. REQUESTED ACTION BY COMMISSION: Proclaim October 15, 2017 as White Cane Safety Day. Lighthouse for the Blind representative, Elizabeth Stevens, will accept the Proclamation from the Mayor. EXPLANATION OF REQUEST: Recognition of the growing independence and self-sufficiency of blind people in America and also to gain recognition of the white cane as the symbol of that independence and that self-reliance. The City of Boynton Beach supports Lighthouse for the Blind of the Palm Beaches in its efforts to educate the public and to assist those with vision loss to be self-reliant and independent. The white cane in our society has become one of the symbols of a blind person's ability to come and go on his own. Its use has promoted courtesy and special consideration to the blind on our streets and highways. To make the public more fully aware of the meaning of the white cane and of the need for motorists to exercise special care for the blind persons who carry it Congress, by a joint resolution approved as of October 6, 1964, authorized President Lyndon B. Johnson to proclaim October 15 of each year as White Cane Safety Day. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Every citizen should be aware that the law requires that motorists exercise appropriate caution when approaching a blind person carrying a white cane. Florida law also calls upon employers, both public and private, to be aware of and utilize the employment skills of our blind citizens by recognizing their worth as individuals and their productive capacities. A young blind lady said, "I encounter people all of the time who bless me, extol my independence, call me brave and courageous, and thoroughly miss the boat as to what the real significance of the white cane is." By educating the public on the true meaning of the white cane, we hope to help remove any stigmas that people with vision loss experience and make Boynton Beach truly an inclusive place to live, work and play. FISCAL IMPACT: Non -budgeted N/A ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 12 of 334 Is this a grant? No Grant Amount: ATTACHMENTS: Type D Proclamation Description White Cane Safety Day Page 13 of 334 Proclamation WHEREAS, the white cane, which every blind citizen of in our city has the right to carry, demonstrates and symbolizes the ability to achieve a full and independent life and the capacity to work productively in competitive employment; and WHEREAS, the white cane, by allowing every blind person to move freely and safely from place to place, makes it possible for the blind to fully participate in and contribute to our society; and WHEREAS, every citizen should be aware that the law requires that motorists exercise appropriate caution when approaching a blind person carrying a white cane; and WHEREAS, Florida law also calls upon employers, both public and private, to be aware of and utilize the employment skills of our blind citizens by recognizing their worth as individuals and their productive capacities; and WHEREAS, the City of Boynton Beach, and our business community, with the cooperative assistance of the Lighthouse for the Blind of the Palm Beaches, can look forward to a continued expansion of employment opportunities for and greater acceptance of blind persons in the competitive labor market: NOW, THEREFORE, I, Stephen B. Grant, Mayor of the City of Boynton Beach, do hereby proclaim October 15, 2017, as WHITE CANE SAFETY DAY in Boynton Beach and call upon our schools, colleges, and universities to offer full opportunities for training to blind persons; and upon all citizens to recognize the white cane as an instrument of safety and self-help for blind pedestrians on our streets and highways. 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 3'd day of October Two Thousand Seventeen. Steven B. Grant, Mayor ATTEST: Judith A. Pyle, CMC City Clerk 3.C. REQUESTED ACTION BY COMMISSION: Proclaim the Month of October as National Arts and Humanities Month for the City of Boynton Beach. Kim Weiss, Arts Commission Chair will accept the proclamation. EXPLANATION OF REQUEST: The month of October has been recognized as National Arts and Humanities Month by thousands of arts and cultural organizations, communities and states throughout the country. Cities, counties, and states through their local and state agencies and representing thousands of cultural organizations, have celebrated the value and importance of culture in the lives of Americans and the health of thriving communities during National Arts and Humanities Month. In October 2005, the City of Boynton Beach adopted an Art in Public Places Program and supports the program through the guidance and authority of the Arts Commission, which has consistently recognized the importance of this industry. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? To help raise awareness of arts and humanities in the City of Boynton Beach. FISCAL IMPACT: Non -budgeted None ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: Page 15 of 334 ATTACHMENTS: Description Page 16 of 334 Proclamation WHEREAS, the month of October has been recognized as National Arts and Humanities Month by thousands of arts and cultural organizations, communities, and states across the country, as well as by the White House and Congress for over 30 years; and WHEREAS, the arts and humanities embody much of the accumulated wisdom, intellect, and imagination of humankind; and WHEREAS, the arts and humanities enhance and enrich the lives of every American; and play a unique role in the lives of our families, our communities, and our country; and WHEREAS, the nonprofit arts industry also strengthens our economy by generating $135 billion in total economic activity annually, $22.3 billion in government revenue, and by supporting the full-time equivalent of 4.1 million jobs; and WHEREAS, Since October 5, 2005, the City of Boynton Beach adopted and supported its Art in Public Places Program, and through the guidance and authority of the Arts Commission, has consistently recognized the importance of this industry. NOW THEREFORE, I, Steven B. Grant, Mayor of the City of Boynton Beach, Florida, do hereby proclaim October 2017: National Arts and Humanities 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 3'' day of October Two Thousand Seventeen. Steven B. Grant, Mayor ATTEST: Judith A. Pyle, CMC City Clerk 5.A. ADMINISTRATIVE 10/3/2017 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: 2 Alts Building Board of Adjustments & Appeals: 3 Regs and 2 Alts Employee Pension Board: 1 Reg Library Bd: 1 Alt Senior Advisory Bd: 1 Alt 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: Page 18 of 334 ATTACHMENTS: Type D Other Em Description Appointments and applicants Page 19 of 334 APPOINTMENTS AND APPLICANTS FOR OCTOBER 3, 2017 Arts Commission II McCray Alt IIII Romelus Alt Applicants None 1 yr term to 12/17 Tabled (2) 1 yr term to 12/17 Tabled (2) Building Board of Adjustments and Appeals Mayor Grant Reg 3 yr term to 12/17 Tabled (2) 1 Katz Alt 1 yr term to 12/17 Tabled (2) II McCray Alt 1 yr term to 12/17 Tabled (2) III Romelus Reg 3 yr term to 12/17 Tabled (2) IV Casello Reg 3 yr term to 12/18 Tabled (2) Applicants Mark Karageorge Employee Pension Board Mayor Grant Reg 3 yr term to 12/17 Tabled (3) Applicants None Library Board I Katz Alt 1 yr term to 12/17 Tabled (3) Applicants None Senior Advisory Board I Katz Alt 1 yr term to 12/17 Applicants None Page 20 of 334 �► 1 From: markkarageorge <noreply@123contactform.io> Sent: Saturday, September 16, 2017 1:05 PM To: City Clerk Subject: Advisory Board Appointment application Attachments: resmk.pdf Today's date Name Gender Phone number Address Email Current occupation or, if retired, prior occupation Education 09/16/2017 Mark Karageorge Male 561-891-5364 240 A Main Blvd. Boynton Beach FL 33435 United States markkarageorgegeomcast.net Property Manager Masters degree, B.S. degree, many certifications and licenses Are you a registered Yes voter? Do you reside within the Boynton Beach Yes City limits? Do you own/manage a business within No City limits? If "yes", name of business: Are you currently serving on a City No board? Have you served on a City board in the Yes past? If "yes", which CRA Board, and Code Compliance Board board(s) and when? Have you ever been convicted of a No crime? 11 Page 21 of 334 If "yes", when and where? Advisory Board Building Board of Adjustment & Appeals Personal Certified Level 1 Code Enforcement Officer, Realtor, Certified Apartment Manager, Qualifications former Licensed Community Association Manager, Property Manager of single family„ multi -family and commercial properties for over 18 years. Professional Too numerous to list. Memberships Update to Resume - I am a licensed Realtor in the State of Florida. Feel free to attach/upload an www.123contactform.com/upload did php?fileid=a013730485fbIO14f95ca7e367afdda4 extra sheet or resume. Certification I, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. The message has been sent from 50.244.134.246 (United States) at 2017-09-16 12:05:05 on Chrome 60.0.3112.113 Entry ID: 233 Referrer: www.boynton-beach.org/officials/building board of adjustment and appeals.php Form Host: www.123contactform.com/form-583214/Advisory-Board-Appointment-Application Page 22 of 334 4/26/2017 XFIN ITY Connect X'FIN-ITY Conned reW nle From. MARKKARAGEORGE@comcast.net Subject : resume To : markkarageorge <markkarageorge@comcast.net> MARM KARAiGEOitGE 240 A 114AIN, BLVD. BVI TON 8EAC11 , -:L 33435 551-8S1-5364 SUMi-,IARY: ARNarate,RA,,GECRSG- Ocomcas:.r'iet Font Size - Mon, Jan 23, 2017 06:47 AM A property manager with over fifteen years experience of proven management skills that generates exceptional customer service, increased revenue, increased occupancy, reduced expenses, customer retention and loyalty, as well as increased profits. PROFcSSIO AL EXnMERr'E dCE: PR0?:s:RTY i4A NAGER AUC.2016 - PRESENT' All County Elite Property Management, West Palm Beach, FL o Responsible for managing portfolios of properties in Palm Beach and Broward Counties for various owners. The activities including leasing, retention, collections, marketing, market analysis, maintenance, vendor relations, and 1-1 o Generated positive results of increased occupancies, increased revenues _ -.-A �..Y.....i:.,.... CONSULTANT haPR. 2016 – Ali^. 2016 Advised and performed customer service for fortune 500 company. Did marketing and sales for a regional catering service. Assisted property management companies with leasing and day to day operations. PROPERTY MAMA.GER DEC. 20'.5–APRfL2615 MSP Management The Enclave at Delray Beach, Delray Beach, FL Responsible for managing all aspects of managing a 224 unit apartment c:ommunity, including rent collection, marketing, leasing, tenant retention, and more. PROPERTY Mb1NAGE:R JAN. 2013 – DEC. 2015' Neighborhood Renaissance, Inc., West Palm Beach, FL Responsible for managing all aspects of property management for over 38 scattered rental properties, including lease up, leasing, retention, rent collection, legal, marketing, maintenance, vendor contracts, budgets, reserves, tenant retention, and more. * Work on following programs: SHIP, NSPI, NSP2, CHDO, and Market ,MANAGER ]AN. 20:7 - DEC. 2012 Cui:teS*part, U- Store it (United Storage), Boynton, Beach, FL • Responsible for leasing, merchandising, sales, maintenance, collections, marketing and retention. Increased revenues and occupancy A consistent top performer in merchandise sales CONt,446ROI Y IMA GER OCT. 2006 – L14AY 20-10 Greystar Management Services – Village Club Apartments, Palm Springs, FL (314 units), Assist4nt Communr::y i4anager, Mizner Court at Broken Sound Boca Raton, FL (450 units) and LaCosta Boynton Beach, FL (328 units). Performed leasing, accounting, collections, marketing, retention, and day - to - day operations. Secured sponsorships for resident events at properties. Used Yardi software. Was 5th best leasing professional in region for company in 2007 Superstar of Leasing award. Had highest collections total for 6 -month period of any property in region. Was winner of pillar of excellence award for community pillar for 2009 Member of due diligence and take over teams. AiSSISTAFIrr i>rOPERTY t4 API AGER P ARCH 2004. – GLT. 2005 Olen Properties, Sanctuary Cove, North Palm Beach, FL (420 units). Performed all bookkeeping for property - Assisted in collections for all Palm Beach County Olen properties y Legal coordination with law office https://web,mail,comcast.net/zimbraWprintmessage?id=897003&tz=America/N&N York&xim=1 1/2 - -- Page 23 of 334 4/26/2017 XFINIT`= Connect g, Performed outreach marketing, resident event coordination, and day—to - Day operations. Used MRI software. ASSISTANT PROPER i V ivIANA,G R NOV. 2-000 — MkRC: 2304, , Trammell Crow Residential Services, Savannah Palms, Ft. Pierce, FL (160 units)(Savannah Palms was a tax credit property), Polo Lakes, Wellington, FL (3 40 units), St. James Club, Boca Raton, FL (224 units) as well as assisting at other properties from time to time. Y Performed leasing, retention, marketing, accounting, collectio�is and day -to — day operations. Used Rent roll and Yardi software. Was nominated for awards in region. Cross -trained in all positions on property. EDUCATION: Tltl.N: Fundamentals of Code Enforcement —(level 1 Certification from the Florida Association of Code Enforcement) conducted by the Florida Institute of Government at the University of Central Florida& Florida Atlantic University. Score out of 100 was 93. Certified Community Real Estate Development graduate - University of South Florida 2014 Community Association Manager (licensed CAM) 2010 — 2012, 2015 — 2016 Certified Apartment Manager, (CAM) Southeast Florida Apartment Association (SEFAA) 2003 — current Realtor w- license in escrow in PA M.S. Degree in Sports Management from United States Sports Academy, Daphne, AL B.S. Degree in Business Administration from Robert Morris University, Coraopolis, PA CO , o" UNIITY/ I tc: Board Member of Boynton Beach Community Redevelopment Agency (GRA) 2011- 2014 Hoard Member of Pathways to Prosperity (50ic3) 2010 — present Code Compliance Board Member City of Boynton Beach 2007 — 2011 Instructor for South East Florida Apartment Association (SEFAA) CAM classes certifvino managers 2007 - 2009 Volunteer riaDitat tot, Humanity South Pairn Beach County https:/Jweb.mai l.corncast.net/zimbralh/printm essage?id=897003&4z=America/New_York&xim= I 2/2 Page 24 of 334 5.B. ADMINISTRATIVE 10/3/2017 REQUESTED ACTION BY COMMISSION: Consider approving a request from E21- Holdings to assign payment associated with Phase 1 Agreement to Dougherty Funding, LLC. EXPLANATION OF REQUEST: The City received a request from Mark Hefferin of E21- Holdings that the City consent to an assignment of the Phase 1 Agreement to Dougherty Funding, LLC. E21- is in the process of obtaining a $2,875,000 loan from Dougherty to fund predevelopment costs and services associated with Phase one redevelopment. Agreeing to approve the attached Consent will facilitate the financing needed to pay the design professionals who are working to complete the tasks associated with Phase 1 of the project. The Consent does not diminish the E21 -'s responsibilities under the terms of its agreement with the City. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: 1. Not approve the Consent to Assignment 2. Request additional terms of the Consent STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: Page 25 of 334 ATTACHMENTS: Type D Addendum SIVAEGiml Flhwlrll Description Consent to Assignment To Square Phase 1 Agreement First Amendment to To Square Agreement Phase 1 Page 26 of 334 CONSENT TO ASSIGNMENT (City of Boynton Beach, Florida — E21, Real Estate Solutions, LLC) October , 2017 This Consent to Assignment (this "Consent"), is made by the City OF BOYNTON BEACH, FLORIDA (the "City"), to the assignment by E21, REAL ESTATE SOLUTIONS, LLC, a Delaware limited liability company (the `Borrower"), to DOUGHERTY FUNDING LLC, a Delaware limited liability company (together with its successors and assigns, the "Assignee"), of that certain Town Square Redevelopment Phase 1 Services Agreement dated as of June 21, 2017 between the Borrower and the City, a copy of which is attached hereto as Exhibit A and made a part hereof (the "Contract"). WHEREAS, the Borrower has requested that the Assignee loan $2,875,000 to the Borrower (the "Loan") for the purposes of financing the predevelopment costs and services provided and incurred in connection with the construction, equipping and furnishing of the City's Town Square Redevelopment project, which includes the development of a city hall, police station, fire station, public parking ramp, public park and other infrastructure improvements for the City (the "Prof ect"); and WHEREAS, upon the occurrence of a default by the Borrower of any of its obligations under the loan documents pursuant to which this consent is executed and delivered, Assignee may assume and perform the duties of the Borrower necessary to complete the Borrower's obligations under the Contract and if those duties are assumed, City will perform for Assignee under the Contract in the same manner the City has agreed to perform with Borrower. NOW, THEREFORE, FOR VALUE RECEIVED the City agrees as follows: 1. The City hereby consents to the assignment by the Borrower to the Assignee and agrees that: (a) the final "WHEREAS" clause above is agreed to and incorporated herein; (b) none of City's or Borrower's obligations or duties under the Contract shall be impaired or reduced in any way by any such assignment; and (c) in the event the City receives notice from Assignee that there has been the occurrence of a default by Borrower of any of its obligations under the loan documents pursuant to which this consent is executed and delivered, it will, at the request of the Assignee, make such payments and perform such obligations as are required of the City under the Contract upon the terms and subject to the conditions therein set forth. 2. The City agrees that: (a) as a result of the assignment by Borrower of its rights under the Contract and the City's consent thereto, the Assignee and its agents and assigns may, at its election following the occurrence of a default by Borrower of any of its obligations under the loan documents pursuant to which this consent is executed and delivered, exercise all of the rights, interest, privileges and options granted and/or afforded to, and discharge all obligations of, Borrower under the Contract; {00200092.4 306-9905263} Page 27 of 334 (b) City will give written notice of any default under the Contract to the Assignee and City will accept all performance of the Contract from the Assignee and its agents and assigns as complying with the requirements and obligations otherwise due thereunder; (c) City will not terminate the Contract on account of any default by Borrower thereunder without written notice to the Assignee and first providing to the Assignee and its assignees an opportunity to effect a cure of the default that is equivalent in term and nature to the opportunity to cure granted to Borrower pursuant to the Contract and in any event provides a cure period of not less than thirty (30) days; and (d) notwithstanding any right it may have under the Contract or otherwise, it shall not terminate the Contract so long as the Assignee cures all curable defaults under the Contract; provided further, that nothing herein shall require the Assignee or its assignees to perform any obligation under the Contract or cure any default of the Borrower under the Contract, but only grants them the option to do so. If Assignee elects not to cure any default, the City may terminate the Contract in accordance with the Contract terms. 3. In the event the Contract is terminated by rejection, or otherwise, during a case in which Borrower is the debtor under Title 11, United States Code, or other similar federal or state statute, then the City shall, at the option of the Assignee, upon notice by the Assignee or its designee to the City given within thirty (30) days thereafter, enter into a new agreement with the Assignee or its designee having terms substantially identical to the Contract, pursuant to which the Assignee shall have all of the rights and obligations of Borrower under the Contract. 4. All notices and other communications provided for hereunder shall be in writing and shall be deemed given or furnished upon receipt when mailed by certified or registered mail, return receipt requested, or by express courier, in each case prepaid, to the City, the Borrower and the Assignee at the following addresses: If to Borrower: E2L Real Estate Solutions, LLC Mark Hefferin 1400 W. Fairbanks Ave, Suite 201 Winter Park, Florida 32789 If to the City: City of Boynton Beach, Florida Lori La Verrriere, City Manager 100 E. Boynton Beach, Florida 33425 With copy to: James A. Cherof, City Attorney 100 E. Boynton Beach, Florida 33425 If to Assignee: Dougherty Funding LLC 90 South Seventh Street, Suite 4300 Minneapolis, MN 55402 Attention: [ ] Email: f 1 {00200092.4 306-9905263} Page 28 of 334 With a copy to: Briggs and Morgan, P.A. 2200 IDS Center 80 South 8h Street Minneapolis, MN 55402 Attention: Steven J. Ryan Email: swan ,briggs.com Any party may change the address for said notice by notifying the other parties in writing. 5. The City acknowledges that all obligations of the City to the Borrower and all payments under the Contract have been collaterally assigned to the Assignee to secure the Borrower's obligations owed to the Assignee under the loan documents pursuant to which this Consent is executed and delivered. Without limiting the foregoing, the City agrees to make all payments when they become due to the Borrower to an account in the name of the Borrower, which account shall be owned by the Borrower, pledged to the Assignee, and subject to a control agreement among the Borrower, the depository bank and the Assignee. 6. This Consent is made by the City and accepted by the Borrower and the Assignee, and shall be governed by and construed and interpreted in accordance with, the laws of the State of Florida and applicable federal law, without regard to choice of law rules. 7. The undersigned acknowledges that Assignee is relying on this Consent and the assurances herein in entering into the loan documents pursuant to which this Consent is executed and delivered and this Consent shall also be for the benefit of the Assignee and any successors of Assignee and shall be binding upon the undersigned. This Consent confers no greater or lesser right to payment to any party by the City than the right to payment provided for in the Contract. 8. THE UNDERSIGNED WAIVES ITS RIGHT TO A JURY TRIAL OF ANY AND ALL CLAIMS OR CAUSES OF ACTION BASED UPON OR ARISING OUT OF THIS CONSENT OR ANY OF THE OTHER LOAN DOCUMENTS. IT IS HEREBY ACKNOWLEDGED THAT THE WAIVER OF JURY TRIAL IS A MATERIAL INDUCEMENT FOR THE ASSIGNEE TO ACCEPT THIS CONSENT AND THAT THE ACCEPTANCE OF THIS CONSENT IS MADE IN RELIANCE UPON SUCH WAIVER. THE UNDERSIGNED FURTHER WARRANTS AND REPRESENTS THAT SUCH WAIVER HAS BEEN KNOWINGLY AND VOLUNTARILY MADE FOLLOWING CONSULTATION WITH ITS LEGAL COUNSEL. [Remainder of page intentionally left blank; signature page to follow] {00200092.4 306-9905263} Page 29 of 334 The foregoing accepted and agreed to as of the date first written above. CITY OF BOYNTON BEACH, FLORIDA By: Name: Title: [Signature page to Consent to Assignment (EM Real Estate Solutions, LLC — City of Boynton)] {00200092.4 306-9905263} 8494188v2 Page 30 of 334 Acknowledged, accepted and agreed to as of the date first written above: E2L REAL ESTATE SOLUTIONS, LLC, a Delaware limited liability company By: Name: Title: [Signature page to Consent to Assignment (EM Real Estate Solutions, LLC — City of Boynton)] {00200092.4 306-9905263} 8494188v2 Page 31 of 334 Acknowledged, accepted and agreed to as of the date first written above: DOUGHERTY FUNDING LLC, a Delaware limited liability company By: Name: Title: [Signature page to Consent to Assignment (E2L Real Estate Solutions, LLC — City of Boynton)] {00200092.4 306-9905263} 8494188v2 Page 32 of 334 EXHIBIT A Contract See attached. {00200092.4 306-9905263} 8494188v2 Page 33 of 334 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-��j A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE PHASE 1 SERVICES AGREEMENT WITH E2L REAL ESTATE SOLUTIONS, LLC FOR THE DEVELOPMENT OF THE TOWN SQUARE PROPERTY; AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach (the "City") issued Request for Qualifications for the City of Boynton Beach Town Square Redevelopment RFQ No. 004-1210-17/JMA (the "RFQ") for the planning, developing, financing, and completing of certain public improvements and private improvements for redevelopment of an approximately 16 acre site described as the Boynton Beach Town Square Project (the "Project"); and WHEREAS, E2L Real Estate Solutions, LLC, a Florida limited liability company, (the "Company") submitted a response to the RFQ on March 9, 2017, and was selected as the successful proposer; and WHEREAS, the Company, pursuant to the Phase 1 Services Agreement, which is attached hereto as Exhibit "A", (the "Agreement") shall provide the specific Phase 1 Services as identified in the Agreement with respect to the planning, developing, financing, and completing of the Project; and WHEREAS, the public improvements components to be developed pursuant to the Agreement include the following: a new City Hall, a new Police Station, a new Fire Station #1, a new public parking ramp, public park and open space improvements, and infrastructure improvements throughout the Project (together, the "Municipal Improvements"; and WHEREAS, the RFQ included a request to provide renovations and improvements to a historic High School Building located on East Ocean Avenue east of Seacrest Boulevard in the City (the "High School Improvements"); and (00187240.1 306-9001821) Page 34 of 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 WHEREAS, the RFQ included a request to provide other privately owned commercial and residential developments to be constructed on land in the Project currently owned or controlled by the City (the "Private Improvements"); and WHEREAS, as part of the Agreement, the City Commission agrees, by separate resolution, to budget and appropriate as a separate budgetary line item, funds sufficient to pay the Company for the Phase 1 Services, which include the development of plans for the Municipal Improvements, High School Improvements, Private Improvements, as well as stabilization of the High School, as provided in the Agreement; and WHEREAS, City Staff has reviewed the Company's response and the Agreement, and recommends that the Commission approve the service agreement. 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. The City Commission hereby approves the Town Square Redevelopment Phase 1 Services Agreement with E21, Real Estate Solutions, LLC (the "Agreement"). Section 3. The Mayor is authorized to sign the Agreement with E21, Real Estate Solutions, LLC, following final review and approval by the City Attorney, and to take any and all actions necessary to implement the Agreement, a copy of which is attached hereto as Exhibit Section 4. That this Resolution will become effective immediately upon passage. (00187240.1306-9001821) Page 35 of 334 53 1 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 PASSED AND ADOPTED this /-�—A day of �L�i`( , 2017. CITY OF BOYNTON BEACH, FLORIDA YES NO ATTEST: fI "z-zax� J dYth A. Pyle, CM rty Clerk (Corporate Seal) {00187240.1306-9001821} Mayor — Steven B. Grant Vice Mayor — Justin Katz Commissioner — Mack McCray Commissioner — Christina L. Romelus Commissioner — Joe Casello V VOTE% Page 36 of TOWN SQUARE REDEVELOPMENT PHASE 1 SERVICES AGREEMENT By and Between CITY OF BOYNTON BEACH, FLORIDA and E21, REAL ESTATE SOLUTIONS, LLC ("COMPANY") Dated: (o/,�) 2017 (00187454.5 306-9905263) Page 37 of 334 TABLE. OF CONTENTS ARTICLEI -SCOPE OF' SERVICES,.... ....,........................ ........ , ..,............ ...... ...... ......... ... 3 Section 1.1. Services Rendered by Company ..................:............................ ......:.. 3 ........ 4 Section 1.2. .Standard of Cake..,...., .............. 1..,.. .......... ....... ...................... ARTICLE H REPRESENTATIONS AND WARRANTIES., .......:...... ............ ,4 Section 2.1. Representations and Warranties of the City ...... ........... ..... . ••..•.•. 4 Seetion.2.2.. Representations and Warranties of the Company............... .......4 Section 2.3. Reliance on,Reprosentations, Warranties and CoVenants..................5 ARTICLE III SCOPE OF PHASE 1 SERVICES'...,...,........................................................ 5 Section3.1. General ............... ....... ..... .... ..... ..... .,.... _....,............. 5 Section 3.2. Phased Development'Serviees....., ....., ..... ............... .............: 5 Section3:3. Fees; ,Payment of Expenses ............................,........... ....... ......... •.... 8 Section 3.4. Contingencies to;Future Phases..............................................•.......9 ARTICLEIV TERM..................................................................................................................10. Section 4.1. Term,,,,,,..... , ....., ......... ............... ....... •... ,...... ... .,,... .10 ARTICLE V NON-DISCRIMINATION;; EQUAL EMPLOYMENT OPPORTUNITY .... 10. Section 51. Company Shall Not Discriminate..........•....................................10 Section 5.2. Equal Employment O.pportunity...:.....................:......... .....:.........10 Section5.3. Service. Providers/Subcontractors.........................................................11 ARTICLE VI INDEMNIFICATION...., ....................... .................. ................. ••...........,..11 . Section 6.1. Duty to Indemnify the -City Against Loss ............................... ..11 Section 6.2. Limit on Duty to Indemnify ...........:... ........ .::...............:............11 ARTICLE V11.INDEPENDENT CONTRACTOR STATUS..................................................11 Section 71. '.Independent Company Status................. .............. ........ .,.............. ..,...11 Section 7.2. 'No Withholding; Form 1099 Reporting ........................... ...............11 ARTICLE VIII GOVERNING LAW; VENUE..............................................................12 Section 8.1. Governing Law; Venue.:...... ....:• ................. ......:..................:.........12 ARTICLE IX RETENTION, ACCESS,AND OWNERSHIP OF RECORDS ..................12 Section 9.1. Florida's Public Records Law....: .......... . .................1.....,.....,............12 Section 9 62. Right to Audit; Access, ...4 .......................... ............... ..............13 Section 93. Ownership.......... .......... ...... ......... .... ................,.................. ........... ..13 ARTICLEX TERMINATION........................................................................................•.........13 Section. A.I.. Termination for Cause .............. ................. ...... ...... ..........•.....13 Section 10.2. Termination for Convenience ... ...............Error! Bookmark not defined. Section 10.3. Survival of Certain Provisions ............... ..... Error! Bookmark not defined. ARTICLEXI.INSURANCE.........................................................................................14 ARTICLEXII NOTICE.................................1..........., ........ ................. ...,..........15 Section 12.1. Notice Addresses .................................................... .................15 (6ou87454 5'366-99o5463) Page 38 of 334 ........... ...... Section 12.2. Notice Effective Dates ......, ...........................................__., ........ , ....15 Section 12.3. Routine Communications.......................................................................15 ARTICLE XIII GENERAL PROVISIONS.......................:........................:::.....................:.:..15 Section Al. No Assignment'Without Consent ............................. .........................15 Section 13.2. Conflict of Interest....................................................................................15 Section 13.3. Compliance with Laws; .Duty to Notify of Wrongdoing; Cooperation with Investigations.......... .:............... ...:......................16 Section.13.4. Nonwaiver............ .......... ........ .............. ...... ........ ........................... ........,....16 Section13:5. Severability -.i .......... e.i ....... ...:.............. ...:... :.....: ::.......................16 Section 13.6. Schedules and Exhibits...........................................................................16 Section ,13.7. Rules of 'Construction.............................................................................16 Section 13.8. Amendment................4,....................... ................. .............................1.6 Section 13:9: No Third -Party Beneficiaries, ................ ..::..... ....... ................ ................16 Section 13.10. Time is of the Essence............:.:....................:.....:..................:......:.........17 Section13.11.Non-Exclusive..........................................................................................17 Section 13.12. Prohibition Against Financial Interest in. Agreement .........................17 Section 13.13. Remedies Cumulative ...................................................... ................17 'Section 13.14. Complete Agreement ..................................................... ................17 Section 13.15. Representatives Not Individually.Liable..:...:.:.....:..:..:.........:...............17 Section 13.16. Disclaimer of Relationships.....:.......::.::::...::..:.::.:::...::::::..:::...::..............17 Section13.17. Counterparts......................................................:....................................17 EXHIBIT A Preliminary Site Plan EXHIBIT B Pre -Development Schedule EXHIBIT C Detailed Fee Schedule for Phase 1 Services EXHIBIT D Detailed Schedule of Phase 1 Deliverables (00187454.5:306-9905263) IL Page 39 of 334 AGREEMENT THIS AGREEMENT, made effective as of the day of , 201?, by and between the City of Boynton Beach, .Florida (hereinafter referred to as. the "City"), and having its principal office at 100 East Boynton Beach Boulevard, Boynton Beach, Florida 33425-0310, and E2L, Real Estate Solutions, LLC ("Company") a. Florida. Limited Liability Company and its. "Development Team." described below and. WITNESSETIL WHEREAS, the City is a body politic and corporate under the laws of the State of Florida; and VVMREAS, the Company is a Florida limited liability company and lead of a development team formed to undertake, in partnership with the City, public improvements and private improvements to redevelop an approximately 1,6 acre site described as the Boynton Beach Town Square Project, along with a 3 +/- acre police station site and a 1 +/- acre fire station site (collectively, the' "Project"); and WHEREAS; the City has undertaken the process for a Request for Qualifications to find a development partner to,assist the City in planning, developing, financing; and completing the Project consisting of the following: (a) a new City Hall (b) Library improvements, (b) a new Police Station, (c) anew Fire Station # 1, (d) a new public parking garage, (e) public park and open space improvements, and (e) infrastructure improvements throughout the Project (together, as further described below, the "Municipal Improvements," and individually each constituting a "Component" of the Municipal Improvements); and WHEREAS, the Request For Qualifications included a request. to provide renovations and"improvements to a historic High School Building located on East Ocean Avenue. east of Seacrest Boulevard in the City (the "High School Improvements");. and WHEREAS, the Request For Qualificationsincluded a request to provide other privately owned commercial and zresidential developments to be constructed on. land in the Project currently owned or controlled by the City (the "Private Improvements"); and (00187454.5 306--9905263) Page 40 of 334 WHEREAS, the Company participated as the lead member of a team that provided a Response, dated March 9; 2017.:(the "Response") to the City's Request, for Qualifications, consisting of: • Company as master development manager; o CFP Boynton Beach. Town Square, LLC; a Florida limited liability company; as developer of and obligor for the financing for the Municipal Improvements,. (hereinafter referred to as the "CFP"), whose sole member is Community Facility Partners;, a Minnesota nonprofit. corporation and a qualified tak-ekempt charitable organization"under Section- 501(c)(3) of the Internal Revenue Code of .1986, as amended, having its principal office "at 183,36 `Minnetonka Boulevard, Suite C, Deephaven,. Minnesota 55391; ADO Architects ("ADW) as Company's architects and. designers of the Police Station Component and the Fire Station Component; • HJ High Construction ("HJ Iigh") as "Company's contractor for the Police Station Component and the Fire Station Component; •, REG Architects ("REG") as the= Company's architect and. designer of .the High School. Component; • Straficon, Inc: ("Straticon") as the contractor for 'the high School :Component -and developer/owner of the senior living flats portion of the Private Improvements; • Baker Barios Architects ("Baker") as. architects and --designers of the Ciy Hall, Library and Park Public Improvements; • Haskell Construction ("Haskell") as 'the� contractor for the City Hall, Library, Infrastructure and Park Public Improvements; • Kimley, Horn. Engineers. ("Kimley Horn") as civil engineers for the Infrastructure Public Improvements; JKM. Developers/Blackrock {"JKM") as the developer/owner of the senior assisted living facility and the multifamily rental housing facility portions of Private, Improvements; • certain other professional service providers and consultants, (all of the foregoing collectively referred to as the "Development Team"), all as more fully described in the Response; and, WHEREAS, the Company provided a written and oral presentation in connection with the Response, which, generally described the .proposed locations and certain details of. the Municipal Improvements, the High School Improvements and the Private Improvements, including a Preliminary Site Plan which is attached hereto as Exhibit "A"; and (o687454.5306-4405263) 2 Page 41 of 334 WHEREAS, the 'City Commission on April 18, 2017 ranked Company as the top ranked Proposer and authorized and directed the City's staff; attorney's and other, consultants to, negotiate the necessary agreements for the development. of the.Project; and WHEREAS, subject to the completion of the Phase I Services pursuant to this Agreement, "the Cityand 'the Company may enter. into further. agreements ;including, but not limited to, a Master Project "Management Agreement (the "Master,Ag"reement") to "provide the terms under which, the Company will perform additional services; and. -serve as master project manager for the. development of the. Projectin accordance with the; Response, subject to amendment based upon the City and Company's mutual agreement; and WHEREAS, the City has requested the assistance of the Company, along with "the Development Team, to provide turn -key professional services (the "Services") associated with the design, engineering, planning, construction, equipping and financing of the Municipal Improvements, and the, City desires to enter into this Agreement with the Company to provide or cause others to provide such professional services for the development of the Municipal Improvements (the "Development");, and WHEREAS; the City and the. Company have agreed to ,proceed under the terms of this "Agreement to define and to 'provide specified professional, services requred'to be furnished by the Development Team with .respect to the general .design ,and plans and specifications of andto obtain 'Guaranteed Maximum Price Construction Contracts for the Municipal Improvements and to provide other professional service providers acceptable. to the City, with respect to the legal and financing. structure, the sources of funding for, .and the financial feasibility of the Development; and WHEREAS, the City is, authorized to enter into this Agreement to provide for certain services described herein required for the development, financing and construction of the Municipal Improvements; and 'NOW, THEREFORE, in consideration of the mutual covenants and obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: ARTICLE I` SCOPE OF SERVICES Section U. Services Rendered by Company. Company :agrees to perform (or, to the extent the services are to be provided by the Development Team to cause the appropriate member of the Development Team to perform) the Services set forth in -Article III of this Agreement ("Phase 1 Services"). Company shall 'cooperate with the City and any other attorneys, consultants or contractors providing servicesto the. City as needed in, the performance of such Services: The Company may replace a current. member of the, Development Team with another professional service provider and/or consultant as determined .in Company's sole discretion; provided, however, Company may not., do. so without the prior approval of City. City will not contract with or engage any member' of the Development Team for any professional services related to or in connection with Phase 1 .of the Project without the prior .approval of Company. . (00187454.5 306-9405263) 3 Page 42 of 334 . Section 1.2. Standard of Care. Company hereby represents and warrants that each person providing .Phase 1 Services, including the Company and each member of the Development Team, has the requisite skills and expertisenecessary to perforin the Phase 1 Services. Accordingly, Company and each such person shall be obligated to perform the Services with the same degree of. care,. skill and diligence as would be ordinarily exercised by a competent practitioner of the same profession in which such person is .engaged, in providing similar services in major United States metropolitan areas under the same or similar circumstances. If any member of the Development. Team fails 'to perform to the City's reasonable expectations during the term of this Agreement, the City shall have the right to request that the Company replace that Development Team with another Development Team member having equal or better requisite skills and expertise than'the member being replaced, and the Company shall comply with the City's request. . ARTICLE II REPRESENTATIONS AND WARRANTIES Section.2.1. 'Representations and Warranties of the City. The City represents and. warrants that: A. the City has the legal authority to enter into this Agreement; and B. the City's Mayor- has been authorized, by,the City Commission to. execute this Agreement. Section 2.2. Representations and Warranties of :the. Company. The Company .represents and warrants that: A. the Company, through its duly authorized representative; has the full power and authority to enter, into and execute this Agreement and, as ,such, this Agreement is legally binding upon and enforceable against Company in accordance with its terms; B., the Company is not under any obligation to any :other parry that would be inconsistent with or in conflict with this Agreement or that would prevent, limit or impair in any, way its performance of any obligations hereunder; C. the Company and each person selected by the :Company to perform the Phase 1 Services in connection with the Development has the requisite expertise, qualifications, staff, materials and equipment in, place and available to enable it to fully perform the Phase, 1 Services and. Company and such third persons, along with their respective employees, as required; and all sub -contractors; if any and as required, possess all necessary permits, licenses, consents, registrations and/or certifications required under federal, state and/or local law to perform the Phase 1 Services; and D. the Company has read and fully understands theterms, covenants and conditions set forth in this Agreement and is executing the same willingly and voluntarily :of its own volition. (00187454.5 306-905263) A Page 43 of 334 S.ection.2.3. Reliance on ,Representations, Warranties and Covenants: All representations, warranties, covenants and agreements made in. this Agreement are intended. to be material :and shall be conclusively deemed to have been relied upon by the receiving party. ARTICLE III. SCOPE OF PHASE'1 SERVICES Section 3.1. General. Company agrees o, provide the Phase 1 Services as,contained in. this Agreement; Section 3.2. Phased Development Services. The Phase 1 Services to 'lie performed hereunder will be rendered and paid for as provided herein. The execution of this Agreement constitutes the City's authorization for the Company to perform the Phase :1. Services. The Company �is not authorized to proceed with any additional services or work unless and until. it receives a written notice to proceed from the City. A. Phase 1 Services. The Phase 1. Services are sometimes_ referred to as the Pre -Development Services,. and generally., consist of Services required. to be performed. prior to the preparation .of final plans,and specifications for construction of the Municipal Improvements. Phase 'l Services consist of (i) confirming the programmatic scope of each Component °of the' Municipal Improvements, (ii) preparation, .for the approval of the City, of one or more comprehensive Guaranteed Maximum Fixed. Price Construction Contracts to provide the cost to design, construct -and equip each Component of the Municipal Improvements ,to full. completion -and. -ready for occupancy by the persons occupying space in such Component of the Municipal Improvements, including a budget of the expense of the Services required to be,performed in connection with the Development. The parties approve of and agree that the Company will engage the :Development_ Team to assist in performing Phase 1 Services. (iii) have Company and Company's Contractors will .be. - utilizing, specialty contractors to generate design and pricing documents in support of the GMP's .for each respective scope of workto be included. in subsequent phases.. B. . Preliminary Planning and'Piogrammina of"Phase '1 Services. Asa part of the Phase 1. Services, Company agrees to..hold workshop.sessions with the representatives of the City not less. frequently, than the times set forth in.the Pre -Development Schedule attached hereto. as Exhibit "B",. The Pre -Development Schedule also. sets forth the target dates for the other Phase l Services, The City agrees to .meet with the Company (or, at the Company's direction, the respective members of the Development Team) and to cooperate and assist in, the planning and programming of the Development. • As part of the, Preliminary Planning and Programming Services, the Coinpany shall coordinate or assist with the following: - (00,1,87454.5 306-9905263) ollowing: (001,87454:5`306-9905263) J Page 44 of 334 (i) Completion of the decision matrix of the proposed building locations. (ii) Decide on ability to combine the City Hall with the Library on the same: site,. (iii) Public relations and community outreach associated with the'Project; (iv) Developing a, local hiring and job creation program; (v) 'High School Stabilization. Services, which shall include, but not be, limited to the following: preparation ofa, budget estimate for stabilization of the existing building, weatherizaton, of existing 'building, clean up of existing building, and design fees for improvements to existing building all of which shall be performed by Straticon and paid by City. (pi) Public workshops on..Architectural Theme, Open Space Development, and Playground Development, as defined herein, not more frequently than the times set forth in. ,the Pre=Development Schedule attached hereto as Exhibit- `B". The above=referenced terms as defined as follows: a. Architectural Theme — The style of the buildings to be constructed. b: Open Space Development The proposed landscape and hardscape design for flee common open space for, the protect. C. Playground Development — The design, appearance, and feel of any proposed playground area. C. The final determination of space requirements for each Component of the Municipal Improvements and the actual planning and programming of the Development will be contingent on the amount of Tending available to be applied to the total costs of the Development and the approval of CFP, the Underwriter, and the Issuer for the issuance of .revenue Bonds to support the! amount of funds required for the Development: D. Preliminary Documents. Following the completion of Preliminary Planning and Programming Services in Section B above, Company will ;prepare in accordance with the Pre -Development Schedules the documents listed below (the "Preliminary Development Documents"). The Preliminary Development Documents shall'include: (i) preliminary design proposals (drawings' and data resulting from the Workshops illustrating building massing on :the site ,and general locations of types of spaces on each floor) to a -level of 30% of final drawings and. specifications;. and up to 75% design drawings and specifications for infrastructure :as deemed appropriate to identify and price the„ respective work for the GMP estimates to be .provided for City approval, preparation of design proposals (drawings and data resulting .from the Workshops illustrating building massing on the site and general locations (00187454.5,3106-9905263) 6 Page 45 of 334 of types of spaces On each floor) to a.. level that tallows for the, {detokinination of a. Guaranteed Maximum Price without contingencies. for unknown .issues, unless Company, and City agree that the scope is: not identifiable at time of Phase. 1 Services completion schedule. Typically this. would require drawings completed to 30%0„ but each Component of the Project may require different percentage of completed drawings 'to establish the Guaranteed Maximum Price without- contingencies for unknown issues far that specific Component;- ii omponent; (iii) Guaranteed Maximum Price Construction Contracts, DBIA, Forms, where possible, for each Component of the Municipal Improvements, and (iv) prelimiriary, project "schedule. Throughout the development of the Preliminary Development Documents, the Company shall insure that tha following items are addressed: a. Coordination of utility -requirements and planning with the City Public Services Department, Florida Power & Light, and. the South Florida Water. Management District, -including the preparation, of any and all permit applications needed for development b. Provide the,necessary documentation required by the City to submit to Planning. and Zoning Board: Master Site- Plan .and Site Plans for the Police Station and Fire Station #1locations.. c. Provide the necessary documentation required- by the City to submit the ,Master Site Plan for consideration. by City Commission for the Police Station. and Fire Station #1 locations. d: Develop an Energy Utility Decision ;Matrix for the Development as well as the Police Station and Fire Station 41 Components. .(v). As part of the. development of the; Preliminary Development Documents for each Component,. the. Company shall .insure that .the following milestones are -addressed: d. Review of plans by City staff at 1'0% of final drawings; C. Building program development and approval by City staff, including Chief, Building Official; f. Architectural rendering review and approval by the City Commission; g. For proposed Police: Station site at "High Ridge Road located in the Quantum Park Community Development District, Company shall also prepare .preliminary stormwater design and (00187454.5 306-9905263) / Page 46 of 334 calculations;.and 30% architectural renderings fand,plans.for review by- the Quantum Park Community Development District and. h. For the Town Square Open 'Space, consideration shall be given to event space programming, place -making. programming, and specific public information workshops, to address open space development and use. (vi) As part of the development. of the Guaranteed Maximum Price,, Construction Contracts for each Component, and any lease/purchase agreement for the Development;. the Company shall insure that there is an open book review of all costs, fees, and charges, the development of the fee schedule, operating cost schedule, and structure of lease/purchase agreement. All of these elements shall be subject to staff review and City Commission approval., E. Notice of Approvals. The City shall provide the Company with written notice of its approval of the Preliminary Development Documents for each Component of the Municipal Improvements, or any objectionsthereto within ten (10) :days after the delivery thereof to the City before ,any further work. under this Agreement shall proceed with respect to such Component. F. A Detailed Schedule of. Deliverables to be provided by Company as "part of the Phase 1 :Services provided pursuant to this Agreement is included in Exhibit "D", which is attached hereto and incorporated herein by reference. G ' Additional Financinng Services which may be provided in Phase 1, As part of its Services, the Company, subject to: approval. of the City,, will identify, Isource, manage and coordinate the full ;financing of the Mune pal Improvements with. the assistance of CFP, the Underwriter, the Issuer, 'and Dunlap & Associates, as financial :advisor to the Company (the "Financial :Advisor"). All such services shall be reimbursable under this Agreement in accordancewith Exhibit "C". H. Agreement for Acquisition of the Property.. During Phase 1, Company and City may negotiate and enter .into an, agreement for the= purchase of each parcel of the Property required for the Municipal- Improvements. In the event any purchase and sale agreements are entered into between City and Company, the parties shall negotiate the respective responsibilities and fees related to the ,development of the properties. Secti'on.3.3. Fees; Payment of Expenses. A. Phase 1 Fee; The Company will. perform -the Phase 1 Services for a not to .exceed amount .of Two Million Eight Hundred, Sixty Five Thousand Four Rundred Twenty Three and 00/100 .Dollars ($2,865,423.00) (the "Phase 1 Fee"), The Phase i Fee will be fall. compensation for all Phase 1 Services performed by the Company. The Phase 1 Fee will be earned and payable, 'including any third party expenses incurred by, the Company for the benefit of the .Development, in. accordance with the -Detailed Fee Schedule for Phase 1 Services attached hereto as Exhibit "C", which is incorporated herein by reference. The total of the Phase 1 Fee (00187454,5306-9905263) 1 & Page 47 of 334 shall not= exceed the amounts set forth herein, unless the City requests additional Services and approves such additional Services in writing. The City Commission, contemporaneously with the approval of this Agreement, has, by the passage of Resolution. No. 17-059of the City; budgeted, appropriated, and established a separate line item in the City budget to- fund the Phase 1 Fees obligated. pursuant to this Agreement for°the Phase 1 Services and the High School -Stabilization. City acknowledges that Company is .relying: on this funding commitment by City to obligate financial commitments to :members of the Development Team °with. full recourse :to .City for payment pursuant to the terms of this Agreement, no later than twenty (20) days, after the City provides written notice to the Company of the -City's determination to not -proceed beyond Phase 1., The Phase 1 Fee shall include the $100,000 repayment of fees provided'to City by Company on May 16, 2017 in support. of City's consultant Stantec. B. High School Stabilization Fee. Straticon will perform the High School Stabilization Services, as defined herein, for a not to exceedamount of One 1Vlillion Five Hundred Thousand and 0011.0.0 Dollars ($1;500,000.00) (the "High. School Stabilization Fee").., The High School Stabilization Fee will be full compensation for all High School Stabilization Services performed by Straticon pursuant to this Agreement. The? High School, Stabilization Fee will be earned and payable, including any third party expenses incurred by Straticon for the benefit., of the Development, in accordance with the Detailed Fee Schedule for, High .School Stabilization Services included in Exhibit "C", which -is attached hereto and incorporated herein by reference. The City will, issue payment directly to Straticon for work performed for the4 High School Stabilization, Services. C. Th rd'Party Fees and Expenses. All fees charged .for third ;party services (including, but not limited to, fees and. expenses of CFP, the Architects, the Contractors, the Underwriter, the Issuer, the Financial Advisor, construction costs and 4egal fees), which are included .in the Phase 1 Fee due to the Company, shall be charged. by the vendors. thereof at customary and usual rates and costs for similar services provided by competing vendors for similar projects in the Boynton Beach area, with a schedule and budget .of such expenses,. in the rate for the same provided. in advance bythe Company to the'City. D. "Payment of Invoiced for Services. The. Company shall review any and all invoices for third party services and Third Party Advisors. The Company shall be responsible for determining that any such invoiced services have been duly performed and. invoiced in accordance with the agreements for the -provision of such third party services.. Section 3.4: Contingencies to Future Phases. Company is authorized to proceed with -the Phase 1 Services only, and the .Company agrees that it is not authorized to proceed with any other work unless and until it receives a written notice: to proceed from'the City. As a part of the Phase 1 Services Company may suggest and develop .more, efficient and economical ways to complete the Development; provided,. however, that any such modifications contemplated by this, Agreement shall be subject toapproval by the City Commission and shall otherwise comply with all, legal requirements! relating' to the development ofthe Municipal Improvements. {00187454:53064905263)- 9 Page 48 of 334 ARTICLE IV TERM Section 4.1. Term. This Agreement shall commence on the date hereof, and shall continue until the earlier of (i) the completion of the Phase 1 Services and the payment of the.Phase 1 Fee, or (ii) the termination of this Agreement by either party as provided herein or by law. ARTICLE V NON-DISCRIMINATION;: EQUAL EMPLOYMENT OPPORTUNITY Section 5.1.. Company Shall Not (Discriminate. In the performance of this Agreement, Company agreesnot to discriminate on the basis, whether in Tact or perception, of a person's race; color, creed, religion, national, origin, ancestry; age, sex, sexual, orientation, gender identity, domestic partner status; marital status, physical or mental disability or AIDS- or HIV status against: A. Any employee of the City or any Company employee working with. Company in any of Company's operations involving the Development; or B. Any person seeking accommodations, advantages, facilities, privileges, services, or membership in all business, social, or other establishments or organizations operated by Company. Company agrees to comply with and abide by all applicable .federal, state and local laws relating to non-discrimination, 'including, without limitation, Title VI of the Civil Rights Act of 1964, Section V of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990. Section 5.2. Equal. Employment Opportunity. Company further agrees not to discriminate on the basis, whether in fact or perception, of a person's race, color, creed, religion, national origin, ancestry, age, sex, sexual orientation, gender identity, domestic partner status, marital status, physical or mental disability or AIDS- or HIV -status against any applicant for employment with .Company. Further, Company agrees to take affirmative action to ensure that that the applicants are considered for. employment and that employees are treated during employment without unlawful regard to such'person's race, color, creed, religion, national origin, ancestry, age, sex, sexual, orientation, gender identity, domestic partner status; marital status, physical or mental disability or AIDS- or HIV -status. Such action shall include, without limitation, the following areas: employment, promotion, demotion, transfer or layoff, recruitment or recruitment compensation; and selection for training. Company -agrees to post in conspicuous places, available to employees and applicants for employment, notices :setting forth the provisions of this non-discrimination clause. Further, Company agrees all solicitations or advertisements for employees placed by or on behalf of Company shall state that all qualified applicants will receive consideration for employment without regard to .race, creed, color, sex or national origin. (00187454.5 306-9905263) 10 Page 49 of 334 Section 5.3. 'Service Providers/Subcontractors, Company shall incorporate by reference in _all subcontracts and other `agreements with persons engaged to provide'services in connection with the Development the provisions of this ,Article and shall require all such subcontractors and service. providers to comply with such provisions. Company's failure to comply with the obligations in this subsection shall constitute a material breach of this Agreement. ARTICLE VI INDEMNIFICATION' Section 6.1. Duty to Indemnify the City Against Loss. Company agrees to protect, defend, indemnify and hold .harmless the .City, its elected officials and employees (collectively, the "Indemnified Parties") from and against all claims, actions, liabilities, losses (including, without limitation, economic losses) and costs, arising out of or related to a breach or default by Company` of its obligations under this _Agreement. The indemnification shall include any reasonable attorney's ,fees, and paralegal expenses,, and court' costs incurred at both the trial and appellate 1'evels. . Section 6.2. Limit on .Duty to Indemnify. Notwithstanding: anything to the contrary herein, Company shall not be required:to indemnify the Indemnified Parties to the extent of their fault for any loss that results from the negligence or breach of contract 'of:any of the Indemnified Parties. ARTICLE VII INDEPENDENT CONTRACTOR.—STATUS Section 7.1. Independent Company Status. Company shall not be deemed an employee of the City. As such, the Company agrees that it shall ;not hold itself or any 'of its employees, subcontractors or agents to be an employee of the City. Further, the Company acknowledges and agrees that,as an independent contractor, neither the Company nor any of its employees shall be entitled to receive any, benefits that employees of the City are entitled to receive, including, without limitation, workers' compensation coverage, unemployment compensation coverage, medical 'insurance, life insurance; paid vacations, paid holidays, sick leave, pension, .or Social. Security for any, services rendered to the City under this Agreement. Section 7..2. No Withholding;: Form 1099 Reporting. The Company understands and agrees that: u A. The City will not withhold on behalf of the Company any sums for any federal, state or local income tax,unemployment insurance, social security,, or any other withholding pursuant to any law or requirement of any governmental body, and that the City will not make available to the Company any of the benefits afforded to employees, of the City; B. All of such withholdings and benefits, if applicable, are the sole responsibility of Company; and C: Company will indemnify and hold the :City harmless, from any and all loss or liability arising with respect to any such withholdings and benefits.. The parties agree that if t00181454.5 306=9905263) 1.1 Page 50 of 334 the Internal Revenue Service questions or challenges Company's. independent contractor status, both Company and the City shall .have the right .to participate in any discussion or: negotiation with, the Internal Revenue Service. Company acknowledges: that all. ;compensation paid to Company pursuant to this Agreement will be reported annually by the City, to the, Internal Revenue. Service on Form 1099. ARTICLE VIII GOVERNING LAW; VENUE Section $.1. Governing Law,; Venue., This Agreement shall be construed and enforced, in .accordance- with the laws of the State of Florida, excepting its conflict of law ,provisions. Venue for any litigation filed, to enforce any right, obligation, or responsibility .of either party under this Agreement shall be filed in the appropriate state or federal court located in -Palm Beach County, Florida. ARTICLE IX RETENTION, .ACCESS AND .OWNERSHIP_ OF RECORDS Section 9.1. Florida. Public Records Law. Pursuant Section 119.07, F1a.Stat., as may be. amended from time to time, Company shall keep and maintain public records that ordinarily and necessarily would be required by the City, in order to perform. the Company's obligations pursuant to the terns of this Agreement. The Company agrees to comply with the following requirements: A. Upon request. from the City's custodian of public records, provide the City with a copy of the requested records or .allow the records to be inspected or copied within, a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes oras otherwise provided by law. B. Ensure that public records that are exempt. or confidential. and exempt from public records disclosure- requirements are not disclosed except as authorized .by law for the: duration of the Agreement term and following completion of the Agreement ff the Company does not transfer the,records to the City. C. Upon completion, of the Agreement, transfer, at no cost, to the. City all public records in possession of the Company orkeep and maintain public records,required by the City to .perform the services required pursuant to this Agreement,. If the Company transfers all public records to the City upon completion of the Agreement, Company shall .destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Company keeps and maintains public records upon completion of the Agreement, the Company shall meet all applicable requirementsfor retaining' public records. All, records stored electronically must be provided to. the :City, upon request from the City's custodian of public records, in. a format that -is compatible with the information technology systems of the City. D: Failure of. the Company, to abide by the terms of this provision shall be deemed a material breach of this Agreement. This provision -shall survive any termination or expiration of this Agreement. (00187454:5306-9905263). 1,2 Page 51 of 334 E. IF THE COMPANY HAS QUESTIONS ;REGARDING THE APPLICATION. OF CHAPTER 119., FLORIDA STATUTES, TO THE COMPANY'S .DUTY TO PROVIDE PUBLIC RECORDS RELATING TO. THIS AGREEMENT, THE COMPANY, ITS OFFICERS, REPRESENT.,ATIVES, AND EMPLOYEES MUST CONTACTTHE. CITY OF BOYNTON BEAC.H'S RECORDS CUSTODIAN' AT 561,-629-8585, PYLEJ@BBFL.US, OR 100 EAST BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FL 3:3425. Section 9.2. Right to Audit; Access. At any time during normal, business hours, upon receipt of reasonable notice and as often as the City may deem necessary, Company shall make all data, records, reports and all other materials relating to this Agreement available to the City for examination and copying. In addition, Company shall permit the City to audit, and shall cooperate fully in any such audit of, all invoices; materials, payrolls,. work papers, personnel records and other data necessary to enable the City'to verify, the accuracy of Company's ,invoi_ces for payment for the performance of the Services. 'Section 9.3. Ownership ;of records, work product, plans and program, designs. Upon payment of all fees for Phase 1 Services provided by the City to the Company, any and all plans, designs, project drawings, notes, tables, ;graphs, reports, files, documents, records; disks, or other such material, regardless of form- and whether finished or unfinished, (collectively; "Work Product") of "Company or members of the Development Team. shall be deemed owned by the City, treated us public records, and'be delivered 1to the City on .request by the City. Company or,members of the Development Team waive any claim to confidentiality,, proprietary status, or public record exemption with regard to any Work, Product for the public improvements that are contemplated by this Agreement. The Company hereby further grants to City a. non-exclusive license to use the Work Product for marketing purposes. ARTICLE X. TERMINATION Section 10.1 Termination for Convenience. The City shall have the right to terminate. this Agreement: prior' to the Company's completion of Phase 1 Services by giving written notice to Company of its intent to terminate at least, thirty (30) days prior to the .date of .termination. In the event the City elects to terminate for convenience, the City shall be. obligated to pay Company only for those. Services performed by Company under this Agreement up to; and through the date .of termination, consistent with the Phase 1 Fee. as provided in Exhibit "C", plus. all demobilization costs incurred by the Development Team; as agreed to by the 'City and the Company, including costs- associated with any public records retention, requirements, less any Payments made 'to Straticon for the, High .School Stabilization Services performed pursuant to this Agreement, and the Company 'shall have no further liability or obligations: to City under this Agreement. Following term, ination of this Agreement pursuant to this Section 10. 1, 'if the City thereafter, but prior to December 31, 201.8; decides to proceed with Phase I Services or the City 'Commission votes to proceed with subsequent phases, the City and, Company shall attempt to negotiate an agreement for Company's continued role as project manager. 'If the Company and City cannot reach an agreement regarding future ,project management services within 45 days of (001874545 306A905263 ), 13. Page 52 of 334 the City Commission's decision to proceed with Phase 1 Services or another phase, the negotiations shall be; deemed concluded and the City will pay Company a separation fee of $350;000:00 within a reasonable.time period thereafter. The separation fee is the Company's sole monetary remedy. Section 10.2 Termination at Conclusion of Phase 1. Services. At the conclusion of the Phase 1 Services; should the City Commission vote not to proceed with subsequent phases, City shall provide written notice to Company of its intent to not.,to proceed with subsequent phases no later than :thirty (30). days after issuance of final payment to Company for Phase 1 Services. Following notice- that the City will not proceed with subsequent, phases; if 'the City Commission thereafter., but prior to December 31; 2018, votes to proceed with subsequent phases the City and Company shall attempt to negotiate an agreement for Company's continued role as project manager. If thee Company and City cannot reach an 'agreement regarding future project .management services within, 45 days of the City Commission's decision to proceed with another phase,.the negotiations shall be, deemed, concluded and the Citiwill pay, Company a separation fee of $350,000.00 within a -reasonable time period. thereafter. The separation fee is the Company's: sole monetary_ remedy. Section 10.3 City's Authority to Utilize Sub -Consultants: If City terminates the Agreement pursuant to Section's 101 or 10.2, City shall not have the right tocontract directly with Development Team members or Company's design sub -consultants for services on the Project prior to December, 3.1, 2018, without .first paying the Company the separation fee of $35Q,000 �in full. Section 10.4. Survival of Certain. Provisions: All representations and warranties and all responsibilities regarding record retention, access and ownership, cooperation with -investigations, indemnification and payment for services rendered shall survive the termination of this Agreement and continue in full force and effect'. ARTICLE XI INSURANCE During the Tenn of this Agreement, the Company shall, at all times, maintain (a) ,adequate. worker's compensation and, unemployment insurance coverage for its employees, .if applicable, in accordance with state law and (b) comprehensive. general liability :'insurance in amounts not less than $1,,000,000 per :occurrence. Company's, general liability insurance shall name the City as an additional insured and shall provide that any such policy will not be subject to cancellation or .change except after at least thirty (30) .days' prior written notice to the City. The policies or duly executedcertificates for°the same, together with satisfactory evidence, of the payment of the premium thereon, shall be provided to the City, and. upon renewals of such policies, not less tban'thirty (3.0) days prior to the expiration of the term of such,policies. (60187454.5 306=9405263) 14 Page 53 of 334 ARTICLE XII NOTICE Section 12.1. Notice Addresses. Any notice, demand, communication or request required or permitted hereunder shall be in writing and delivered in person or by certified mail, return receipt requested as. follows: A. in the case of the City, addressed to or, delivered personally to the City of Boynton Beach, at 100 East Boynton Beach Boulevard,, Boynton Beach, Florida 33425-0310, Attention: City Manager ;with a copy to James A. Cherof, City Attorney, 100 East Boynton Beach Boulevard, Boynton Beach,.Florida 33425-0310; and B. in the case of the Company, addressed to or delivered personally to the Company at E2L Real Estate Solutions, LLC, 1400 W. Fairbanks Ave., Suite 201, Winter Park, Florida 32789, Attention Mark Hefferin, President; with a copy to Jeff Bahnsen, Esq., 433 W. Plaza Real 2, Boca Raton, Florida 33432. Section 12.2. Notice Effective Dates. Notices shall be effective when received by each of the above -referenced individuals at the addresses specified above. Each party shall be responsible for notifying the other in writing of any changes in the respective addresses set forth above. Section 12.3. Routine Communications. Nothing contained in this Article shall be construed to restrict the transmission of routine communications between representatives of the City and the Company. ARTICLE XIII GENERAL PROVISIONS Section 13.1. No Assignment Without Consent. This Agreement is personal to each of the parties hereto, and neither party may assign or delegate any rights or obligations hereunder without first obtaining the written consent of the other party. Section 13.2. Conflict of 'Interest. Company agrees to decline any offer of work, whether as an independent contractor or employee, if such work would: A. Affect Company's independent professional judgment with respect to its performance of the Services; or B. .In any way interfere with Company's ability to discharge any of its obligations under this Agreement. The initial determination of whether any offer of work would present such a conflict of interest shall rest with Company. However, Company shall be obligated to notify the City and provide full disclosure as to any possible adverse effects of such work as it relates to Company's independent professional judgment or the discharge of any of its obligations under this Agreement. Final decision as to whether any such work proposes a prohibited conflict of.interest shall rest with the City. (00187454.5306-9905263) 15 Page 54 of 334 Section 13.3. Compliance with Laws; .Duty to Notify- of Wrongdoing; Cooperation with Investigations. In :performing the Services,' Company shall, at its own expense, comply with all applicable federal, state and .local laws, regulations and, codes., Company shall be obligated to .immediately notify the City of any notice or allegation of wrongdoing or of any material third=party, complaint relating to this Agreement: Upon request of the City, the. Company shall fully, cooperate in any investigation by furnishing any documents,. records or. other testimonial evidence pertinent to such investigation. Section 13.4. ,Nonwaiver. The failure of either party to ;insist upon strict compliance with any provision of this Agreement, to enforce any right or to seek any remedy upon discovery of any default or breach of the other,party at such time as the initial discovery of the existence of such inoncompliance, :right, default or breach shall not affect; not constitute a Waiver of, 'any .party's right to "insist upon such compliance, exercise such right or seek such 'remedy with respect to that default or breach or any prior, contemporaneous or subsequent default or breach. Section 13.5. Severability: The parties hereto intend all provisions of this Agreement. to be enforced. to the fullest extent permitted by law. Accordingly, if a court of competent jurisdiction finds any,provision to be unenforceable as written, the parties intend anddesire that the court will reform, the provision so that it is enforceable to the maximum extent permitted by law. If, however, the court finds such provisionto be illegal andmot subject to reformation, such provision shall be fully severable.. Insuch event, this Agreement shall be construed and enforced as if such illegal, invalid" or unenforceable provision was :never a part hereof, and "the remaining provisions of this Agreement shall remain in, full force and effect. Section 13.6. Schedules and Exhibits: All Schedules and Exhibits attached,hereto shall be and. hereby are incorporated into this Agreement as if fully. rewritten herein. Section 13.7. Rules of Construction. The headings and captions of this .Agreement. are provided for convenience only and are not intended to have effect in the construction or interpretation of this Agreement. Whenever herein. the singular number is used, the same shall. include the plural, where appropriate, and neutral words and words of any gender shall include the neutral and other gender, where appropriate.. Neither this Agreement nor any uncertainty or ambiguity herein shall be construed or resolved in favor of or against the City or Company on the basis of which party drafted the uncertain or ambiguous language. On the contrary, this Agreement has been reviewed by all parties and shall be construed and interpreted according to the ordinary meaning: of the words.. used so as .to fairly accomplish the purposes and intentions of all parties hereto. Section 13.8. Amendm, ent. No amendment of or modification to this Agreement shall. be valid unless and until executed iri writing 'by the duly authorized representatives of both parties to this: Agreement. Section 13.9. No Third -Party Beneficiaries. This Agreementis entered into for the exclusive benefit of the Company, the Development 1Vlanager, and the City,, and the Company - and the City expressly disclaim any intent to benefit anyone not a party hereto, other than the Development Manager. (00167454.5 306'9905263) 16 Page 55 of 334 Section 13.10. Time is of the Essence. The City and the Company each. acknowledge and agree that time is of the essence in the performance of this Agreement. Section 13.11. Non -Exclusive. This Agreement shall be non-exclusive. Accordingly, subject to, Section 2 of this Article XIII, Company shall be free, to provide services to other clients, and. City shall be free 'to engage the services of other contractors unrelated to the Development. Section 13.12. Prohibition Against Financial Interest in Agreement: No elected official or employee of City shall have a "financial interest, direct or indirect, in this Agreement. For purposes of this Section, a financial interest held by the spouse, child or parent of any elected official or employee of City shall be deemed to be a financial interest of such elected official or employee of City.. Section 13.13. Remedies Cumulative. No remedy set forth. in this Agreement or otherwise conferred upon or reserved to any party shall be considered exclusive of any other remedy available to a party. Rather, each remedy shall be deemed distinct, separate and cumulative and each may be exercised from time to time as often as the occasion may arise or as may be deemed expedient. Section 13.14. Complete Agreement. Company specifically acknowledges that in entering into and accepting this Agreement, Company relies solely upon the representations and agreements contained in this Agreement and no others. This Agreement supersedes and replaces any and all prior agreements, negotiations and discussions between the parties hereto with regard to the terms, obligations and conditions herein.. Section 13.15. Representatives Not Individually Liable. No member, official, or employee of either parry shall be personally liable to the other parry, or any successor in interest, in the event of any default or breach or on any obligations under the terms of the Agreement. Section 13.16. Disclaimer of Relationships. The City and the Company acknowledge that nothing contained in this Agreement nor any act by the City or the Company shall be deemed or construed by any of them or by any third person to create any relationship of principal and agent, limited or general partner, or joint venture. between or among the City, the Company and/or any third parry. Section 13.17. Original Copy. One original of this Agreement will be executed and maintained by the City Clerk of the City. The City Clerk will provide a certified copy to the Company. (00187454.5306-99052631 17 Page 56 of 334 IN WITNESS WHEREOF, the, City has caused this Agreement to be duly executed in its name and behalf and the Company has caused this Agreement to be duly executed in its name and behalf on the dates set forth below. CITY OF BOYNT.ON BEACH,.FLORIDA. CITY OF. BOYNTON BEACH BY: 5ex- Queenester Nieves TEVEN B. GRANT, MAYOR ATTEST: BY: udith Pyle, CMC City Clerk (Seal) APPROVED AS TO FORM AND LEGAL SIENCY jkcw z — James A. Cherof City Attorney (00187454.5306=9905263) 18 Page 57 of 334 EM REAL ESTATE SOLUTION , LLC By G�2� Name d Its f2 5 i jP EAs 7 Date: /t/n�E 20 (00187454.5306-9905263) 1.9 Page 58 of 334 EXHIBIT A Preliminary Project Site Plan (00187454.5 306-9905263) Page 59 of 334 s c 49 € w m O 9 9 g� OOOn00000 00000000 � aIOO � al d¢ D a D 2 U' - 0 a x Q w w Q Q 2 LL m m -- 0 r, EXHIBIT B PRE -DEVELOPMENT SCHEDULE (00187454.5306-9905263) Page 61 of 334 — 9 t�1 Q e m ❑ m. ..............................................V_.............._...-..---`------_..------_..__..._.....__........i........_..._..._•_-•___•--_•_-___.................. qQ K m y C a g ...................4 � ....... = r J3 . 9-. p...... -. .---.... .............�g....._......_......_. .. ........... xam c. a 2 Cr 8 u in d (7 0 s 25 i N �. .......... ..Z. m t a it iL P! a .. �.,�. � � o z U d ❑ o.�� ♦ ❑. m ` sl m o $ m x _o g g. 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EXHIBIT C DETAILED FEE SCHEDULE FOR PHASE I SERVICES Ii l HIGH SCHOOL STABILIZATION SERVICES (00187454.5306;9905263) Page 65 of 334 Site Area: Building Area: elopment Cosis lice and Fire parcel offsite, remaining acre in.town square"for acres with 9 acres to be converted to private (verify with alta .N/A djoining property purchase of existing condos Land Closing real estate commissions and'Carry-Cost Traffic Study Appraisal Title Insurance Environmental'(Pttase I) Survey ALTA at.Acquisition,(post construction) Legal. Fees - Contact (Byrd Campbell) Jeff Bahnson Legal Fees - Zoning (Michael Weiner) Palm County and City Transfer Tax Real Estate Tax Carry Lender, Financing Fee Lender.Architect / Inspections. Lease, Commission brokers Guarantor fee Other Closing Costs Other Contingency 16.0000 Acres (estimated on 1647 parking spaces) 960,000 Gross Square Feet(pending final program) Rentable • Square Feet City currently owns/sale option under bonds,to beconsidered for cashfiow 'NIA Confirm with Boyntom:Beach Phase If Phase Ii Confirm with Boynton: Beach Phase II May needsecondary`for land closings- losingsPhase PhaseIt Estimate City'.will "address.all related work Phase it necessary toprepare andaddress plan for remediation Phase II Estimate $54,000 115 hours plus travel $25;000 Estimate for master pian. submission during phase hcouncilihearing s. If Estimate to be confirmed for private .Phase development 'Phase II Same as transfer tax above Phase 11 With; CFP services and fees below. Est. - 24 inspec at $1,.6K each -confirm Phase Il with Dick Ward Costs for E2L,services related to real Phase' ih estate services .Phase. fl: verify with.Dick'Ward on equity Phase 11' Partner pursuit expenses Phase 11 _ _ Estimate II: Soft"Costs Amount " Architect &Engineering - Structural WI/S/M/E/P) Phase 11 Added Services,(A&E)-AllowanceIto GMP Phase 11, Security / Blast (Hinman) N/A Civil Landscape Phase.,11' .Brownfield services=Cardno N/A Soil Surveys, Geotech, & Environmental -GFA N/A Public Relations Firm $5(1,Q00 Partnering / Conf Fees & Costs spo;000; Road Bonds Phase'II Site& Building.Permits Phased, Water & Sewer / 11tility,impact'Fee,s Phase'll' Construction Photo Documentation $10,000 Insurance, $12,000'. Reimbursable / Printing $10,000 Legal and Bond Project Management Fees -Best& Fiaggan $175,000 Soft Cost Contingency Pfiase;il comment" With each building costs below specialty design services? N/A estimate to be validated with Kimley Horn -Carried with. Baker Barrios In' Mister Plan. Haskell D/B costs below City to handie,services through CRA Boynton Beach to provide as needed for Phase I services Merchant Strategies/LDG-see Y1 proposal provided with City concurrence set 0,3:17 call 2 meetings at $15k each confirm with City/Statelif required Estimate:Negotiate with City to reduce for overail development By City of Boynton Beach Vaktare-Complete record documentation of existing conditions` for archives Contract coverages at $1 MM occurrence plus, Builders risk to be determine. Allowance to cover Phase.I . deliverables -use; electronic Apnl,18th award to:5 month services for Phase I with Community Facilities Partners. to be negotiated upon =definition .of .Phase ll scope Page 66 of 334 Phase I Development Services E2L Real Estate Solutions, LLC (Attachment B). Boynton Beach Town Square Public Sector -25 or 30 year term lease Site Area: 16.0000 Acres (estimated on.1647 parking spaces) Building Area: 960,000 Gross Square Feet (pending final program) Rentable Square Feet, Net Usable Square Feet. Per GSF III. Construction Period Costs Amount Buildin % Cateaory Comment Police Building (70,000 SF) $587,308 HJHlgh and ADG-see scope and proposal letter Fire Station $275,180 HJHIgh and-ADG-see scope and proposal letter City Hall (50,000 SF) $840,091 Confirm with Haskell and Baker Library Renovations w/City Hall above determine scope of work, ADA and structural adjustments to accommodate City.Hall Parking garages 6B 340 cars using $15,006 Per'Space $150,000 FInfrock to corripleteas design build offering-foundation,design.to be conservative with no soil borings available, Building demolitions for Police, Fire, Garage, City Hall, Civic Center Phase 11 Work to be completed in phases as priced and scheduled by DA Griffin Site Infrastfucture1m.provements W/City Hall above Haskell and Kimley Horn to establish budget to address roads, hardscape, landscape,and park areas -City to handle. all utilities to the; buildings with parameter roads. Historical High School renovations $1,500,000 Look at secondary Bond issuance for project it needed by Straticon, to be paid direct with CRA funding Dunlap and Associates on Financial pro -forma for bonds; revenues $45,000 5 month's seniices to' be validated with City Financial consultant based on ;conference call 6.8.17 Partnership Traller Phase II assume.30 months on site Quality Control Trailer Phase II Co -locate if reasonable Preconstruciton Management services by E2L $75,000 30 % to concur with Phase I services, City consultant for Phase I services (Stantec) $100,000 Prepaid with award notice Development Fee $235,000 Phase I at.5 months/$47,000 month .with off ramp fee per contract if Phase II not elected to proceed. Original equity fee forPhase I services $45,00.0 1.5% of Phase Fcost Subtotal $3,852t679 IV. Interest (at 5.00%0 , perannumrcornpounded monthly) Item at, Coveracie Months To shell completion: Dev. Costs (1) 100% 12 $4,042 Soft costs (11) 100% 12 $14,683 Construction Period Costs (III) 66% 12 $128,118 After shell completion:, Carry. on all costs to date during 1. Average Vacancy - 100% 0' $0 ii. Average -Rent Abatement 100% 0 $0 0 Interest on Tenant Improvements,, Leasing; Commissions & Space 50% 0 $0 Planning Subtotal $146,844 $0.00 3.4% Total Development Cost $4;365;423' $0.00 .. , Page 67 of 334 EXHIBIT D DETAILED SCHEDULE OF PHASE 1 DELIVERABLES CITY AND COMPANY WILL FINALIZE THIS SCHEDULE WITHIN TEN (10) DAYS OF SIGNATURE OF THIS AGREEMENT BY BOTH PARTIES (00187454.5 306-99Q5263) Page 68 of 334 HASKELL / BOYNTON BEACH REDEVELOPMENT CITY HALL — PHASE I SCOPE OF WORK June 15, 25017 PHASE 1— PRELIMINARY DESIGN=BUILD SERVICES This phase, .which has three sub -components, is performed in advance of the Design -Build GMP Proposal. • Phase 1=A — Charette/Programming Phase 1-13 —Schematic Design (15%) • _ Phase 1-C — GMP Development PHASE.I-A CHARETTE/PROGRAMMING Services This phase of the work provides those items necessary to develop a program for both the City .- Hall and Library Renovations that meets all stakeholders' needs and involves the following: Task.1: Due. Diligence and Program Verification a) Conduct an on-site photo analysis of the existing .library b) .Review existing as-builts and inspect MEP systems -to determine feasibility for capacity,. reuse and expansion c) Reviewall previously produced stakeholder program information d) Initiate geotechnical engineering e) Conceptual level concept sketch and budget comparison of two concepts for City Hall location and Library Renovations to assist City and Developer in final selection Note: The intent is to utilize previous due diligence information provided to Haskell in order to reduce costs and avoid duplicating services that have previously been provided in the development of this project PHASE 1-13 -.SCHEMATIC DESIGN DOCUMENTS (15%) This phase includes the services necessary to further develop the Schematic Design to include City and Developer review comments. Haskell will proceed with this phase of the work upon completion of Phase I -A. More specifically, the work of this sub -phase includes the following: Task 2: Schematic Design Documents.. 1) Review the program furnished by the City to ascertain the requirements of the Project and shall arrive at a mutual understanding of such requirements with the owner' 2) Prepare a preliminary evaluation of the City's program, schedule, and construction budget requirements, each in terms of the other �► HASKELL Page 69 of 334 Haskell /Boynton Beach. Redevelopment. City. Hall — Phase.1 Scope of Work June 15, 2017 Page 2 3) Review, with the City alternative approaches t& design.and construction of the Project 4):. Based on the mutually agreed-upon program, .schedule and construction budget "requirements, prepare, for approval by the City and Developer, Schematic Desigh:. documents consisting of drawings and other documents illustrating: the scale and relationship of,Project.components . 5) Prepare a written outline-specification/scope of work narrative 6) .Value engineering and constructability analysis 7) -,Initiate Prequalification process for subcontractors, vendors and material suppliers: . 8) Advertise. and -select critical subcontractors, to include at a.minimum HVAC,.Eiectrical - and Low .Voltage, Plumbing and Structural, based on qualifications and best value selection and agreed upon_ by City and Developer to.provide design=assist and firm pricing_for GMP development 9) Provide a budget with component detail 10).Provide a critical path schedule to include design, permitting, procurement and construction logic . 11) Review geotechnical findings. and obtain recommendations on .foundations and on-site .. pavement. sections.. '12) Identifyall permitting requirements and facilitate pre -submittal meetings with city of Boynton. Beach building department 13) Identify utilities and coordinate with Infrastructure team for utility connections within:'5':of building:(Power; Water and Sewer) 14) Obtain and review the existing survey information available 15) Coordinate with Developer and design team developing site master plan 16) Conduct one (1) schematic design review ( 10%) meeting with City: 17) Incorporate all team and owner comments into final concept design 18) Produce a conceptual design layout to scale 'Deliverables 1) Scope of work/Outline specifications narrative to include. system and material. narrative description 2) Comparison of capacities to program 3) List of applicable building codes on drawing title sheet .4) List of anticipated building -code variance. requests 5) Architectural site plan, building' exterior.enve.lope elevations,. build ing, cross section, roof layout and energy_ code requirements, building interior floor plans and other -.renderings, graphics as necessary to clearly present the concept 6). Civil and Landscape design,included.by others (Infrastructure Package) 7). Structural "pricing" plan to include scheme and.written description - 8) HVAC "pricing""planto;identify all systems, one line:flow. diagrams, equipment locations, air intake and discharge locations, mechanical legend, energy code requirements:. 9) Plumbing to include restroom layout and plumbing legend 10), Fire protection to include confirm adequacy of utility, identify. connection location. Design to be done by specialty contractor with services delivered in phase 2 11) Electrical, includes one -line diagrams, electric vault location, equipment location, electrical legend, written narrative for equipment and fixtures. 12) Communications (voice, data, video and A&V), "pricing" plan to show locations, closet location.and size �► HASKELL Page 70 of 334 Haskell / Boynton Beach Redevelopment City Hall.- Phase l Scope:of Work June 15,, 2017 Page'3 13) Geotechnical. Report 14) Preliminary Cost Estimate Schedule The .work described in Phase I -B. will be. completed within approximately seven (7) weeks from a Notice to Proceed.`: Clarifications. All movable furnishings & artwork'are.considered -to be independent of the Architectural design project. Submittal .of.documentation for DD & CD phases is -to be preceded by response to review comments on previous phase of design work. No. individual volume of drawings to exceed 25lbs in weight. No individual specification.book volume is to exceed three: PHASE I -C —GMP DEVELOPMENT This phase includes the. services.necessary to, develop a.Guaranteed Maximum Price (GMP) ' Proposal and. Contract to include City and Developer review comments. Haskell will proceed .,with this phase of the work upon completion of Phase I -B.. More specifically,: the. work of this sub -phase includes the :following: Task 3: Development of.Guaranteed Maximum Price Proposal 1) Finalize.City and Developer comments from schematic workshop into an addendum 2) Finalize subcontractor/vendor bid packages in accordance with Local and Small Business_ plan for advertisement and solicitation of proposals:: 3) :Advertise Bid Packages, 4) Receive, analyze, and: provide bid tabulations includingrecommendation of subcontract awards, . 5) Finalize project construction schedule 6) Present Guaranteed Maximum Price Contract,: DBI. Form 530 to include schedule, detailed estimate, bid tabulations, clarifications and.assumptions, list of allowances and contingency detail. - - Deliverables 1) Guaranteed Maximum Price Contract, DBIA Form 530 2) Schematic Design Documents including plans, specifications, etc. 3). Clarifications and assumptions 4) . List of allowance and contingencies 5) GMP Book with detail estimate„bid tabulations and project schedule Schedule The work described in Phase I -C, will be completed within. approximately eight (8) weeks from the date of completion of phase l -B and Notice to Proceed., All work will be based on the plan that the City and Developer have reviewed in the Conceptual Phase (Phase. I -B). °HASKEL L Page 71 of 3.3.4 Haskell / Boynton Beach Redevelopment City Hall — Phase I Scope of Work June 15, 2017 Page 4 Clarification Phase I services do not include, platting, zoning, land acquisition or securing entitlements. Permit and permit related costs excluded. Traffic studies excluded. Food service consultant not included. Reimbursable budgets for survey and geotechnical engineering are included and to be coordinated by Haskell. A reimbursable budget for travel and misc. costs to support the Phase 1 deliverables is also included. 4/ HASKELL Page 72 of 334 City of Boynton Beach Fire Station H. J. HIGH CONSTRUCTION May 9, 201/ I ` RUMD TRUST. BUILD QUALITY. BUILD COMMUNITY. FIRE STATION PRASE 1 DESIGN SCOPE OF WORK 1- Pre -Design Services 1.1. Task One: Programming The Consultant shall participate in an initial meeting, with Fire Department personnel. and the City's Project Management Team, to review the proposed project and to establish project schedules for specific tasks. The Consultant shall conduct an analysis of the routine operations of the identified entity in order to fully understand their function, operations and the respective interaction, relationship, and adjacency priorities. A detailed Spatial Needs Assessment shall then be conducted, providing documentation as to current and future needs; future need being defined as those anticipated for the years 2028 and 2038, and the current need being defined as the year 2018. The process for obtaining this information shall consist of a two -para effort; a detailed questionnaire and on-site interviews with the staff of the various entities, as noted above. The questionnaire shall relate to such information as: Historical, Current and Projections for Future Staffing Levels. Detailed Mission Statement. Departmental Organizational Charts. An Assessment of Requested Spaces. A Definition of Functional Inter -Relationships. Documentation of Specialized Equipment. Documentation as to relationship to other Departments. Deliverable Product: The Consultant, as a part of this phase, shall consider and provide documentation to the extent possible, current and future staffing level projections and their spatial need impact upon future needs of facilities. • Based upon the recommendations related to facility size(s), the Consultant shall identify the land area (if needed) for the building, associated parking and related site requirements, such as stormwater retention, parking areas, landscape requirements, infrastructure improvements, and building setback requirements. Page 1 of 7 Page 73 of 334 City of Boynton Beach 11TeJtatlon H J HLGH' CONSTRUCTION May�� BUILD TRUST. BUILD QUALITY. BUILD CONMUNTTV Ma 9, 2017 to -be able. to be supported by the identifiedsite with site diagrams included within the report.- Based eport,Based upon .conclusions of the site. investigation; the Architect shall participate in a meeting(s) with key project stakeholders,ao initiate: the "Master Planning effort, The.. premise, of this meeting shall be to obtain. consensus -as to .appropriate land utilization of .the. designated property as the proposed: facility, as =well as future.. expansion requirements. The Architect. shallprepare-a.Master Plan Document of the selected site illustrating: Proposed land' utilization of the selected site: Location and general configuration of "Current need" facilities. . Areas of potential expansion for future need: • . Location of vehicle access and egress, both staff and public • Pedestrian areas and site circulation. �. Vehicle parking areas. (Staff, Public). Areas) designated for storm water retention. Deliverable. Product: The Architect shalt prepare a final Master. Planning Drawing: illustrative . of the proposed recommended concept, -and: present same to the Fire Department and staff of the City of Boynton Beach. .2'm Basic Design.Servi'6 -Architectural; Structural Engineering, & MEP_ Engineering 2,1.: Task.Two:'Preliminary Design (30% Complete) During this task the Design Team shall prepare preliminary design documents :for the project: The task- will be initiated by a stakeholders meeting:during which the. conclusions. of the preceding task are thoroughly reviewed and updated. -The . Architect will then prepare 'a concept plan for review and acceptance by the City. Upon reaching :consensus on. the conceptual plan; the Design Team shall prepare 30%o complete documents. The 30% complete documents. shallinclude: the following:. . • Architectural plans.sufficient to accurately define_ the scope of construction..The architectural plans will � include floor plan layouts with furniture and. equipment locations; building. sections that accurately define size and volume; elevations suitable for evaluation by the City of Boynton Beach review authorities; preliminary finish schedules and details; Page 3 of 7 Page 75 of 334. City of. Boynton Beach Fire Station H J. HIGH CONSTRUCTION MaY :9, 2017 9urLn 7qu-r: bvi�o.QunLrTw, sure towtneuHrrr. - schematic outline of building 'environmental systems (MEP/FP) with a design narrative . describing systems,. preliminary structural layout, narrative : describing technology_ systems (security % voice=data / audio- ; visual): The Architect: will coordinate: with the Civil Engineer's site.design documents to. a level of detail -for submittal and review by the City's Development Review Authorities •. Engineering plans will include structural. design (foundations; framing lan; .and preliminary details MEPLFP {e ui ment selection lans and p. I?:. Y )�. q. p , p di : technology .systems distribution layouts with preliminary details); (coordination, plans, -preliminary . details). The documents will_- : be coordinated with the Site Design '(CiVilL and Landscape) for. all utility connection and. storm water drainage approach •:: During this task the Architect shall ..propose and test various scenarios for phasing the work such that the overall project'schedule can be maintained. Upon :completion' of this task the. Desi Build B Team will biepare a cost estimate to confirm the probable:construction-cost of the.project. . Deliverable Product. A set of 30% complete documents shall. be:.prepared including drawings' and _ ,outline specifications.: furnished from . all architectural/engineering disciplines : along with a narrative describing approach_ to the project: The design documents shall accompany applications prepared for submittal and review :by the .development review. authorities. Upon completion. of this task, the D=B Team will update and confrm the probably -construction cost for the project:.. 3'.- Civil Design: " Prelim ary Design/Program. Outline In advance of the'deliveryof a Guaranteed Makimum Price proposal; the design and development team proposed.the following. tasks: Task: 1: Programming :. : • Design (stakeholder programming space needs) • Land Survey and Geotech kickoff (update boundary, and topo; tree survey) • City preliminary approval of program sizes for use in layout Deliverables: • City's preliminary review and acceptance of summarized program requirements Page 4L of 7 i Page 76 of 334 City of Boynton Beach Fire Station _({�5p" H J. HIGH CONSTRUCTION Ma9 GO�/ �E t J BUILD TRUST: BUILD QUALITY. $URO COM MUNTTY y:'/ . 'rfY :Task 2: Conceptual Documents/ 15% Produce a critical path schedule fo include design, permitting; .procurement and construction logic. • : Provide, a preliminary budget • Initiate geotechnical .exploration Identify all permitting requirements and. facilitate: pre submittal meetings with . each regulatory agency. • Preliminary stormwater management calculations for verif'cation.'of stormwater management infrastructure requirements • Identify existing utilities and:meet with Utilities (FPL, AT&T, Comcast;gas, City Water :and Sewer) . Kimley-Horn requires preliminary information_ from the MEP engineers for water; sewer, fire; and other utilit connection locations sizes and elevations at buildin y g tie-in points within 5' of each building: • Kimley-Horn requires preliminary utility demand'information,for each building for sizing of utility connections and coordination with utilities. Obtain and review the existing survey infor ' ation:availab.le • Create 'a preliminary concept master site plan based upon .all information received to date to include, roads; hardscape, water; sewer; storm, fire and power • . _ Preliminary Stormwater management calculations for sizing of retention/detention area and on=site exf ltration trench needs • Conduct one .(1) conceptual design; review meeting with client e Pre -application meeting with City of Boynton Planning and Zoning • Finalize a conceptual design layout to scale (Site Plan) . e . 30% Preliminary Engineering . Plans grading high/low points;' preliminary:: stormwater management system layout, preliminary utility layout and sizing of pipes and.connections: . Deliverables: . • Survey.. Geotechnical Report • Conceptual Site Plan • Preliminary Engineering Plans • ' Conceptual. Building Elevations and Floor Plans . • Preliminary Desi� Package Budget/Permittin Timelines • Preliminary Cost Estimate Task 3: Schematic Documents / 30% progress Architectural/ 75%progress Civil • Kimley Morn requires final infomiation from the MEP engineers for water, .sewer, fire, and other utility connection locations, sizes,'and.elevations_'at_building tie-in points within 5' .of each building. Page 5 of 7 .Page 77 of 334 City of Boynton Beach Fire Station -;j H J. HIGH CONSTRUCTION Ma9 2017- BUILD TRUST. BUILD QUALITY. BUILD COMMUNITY. Y Kimley-Horn requires f nal utility demand information. for each building for :. sizing of utility connections and.coordination with Utilities Department. • Completion of Zoning/Site Plan Package (Site Plan I Preliminary Engineering Landscaping and irrigation / Elevations with Floor. Plans / Photometric) . 0 Submittal of Site Plan to City of Boynton. DART and receive first round of comments . 75% Engineering Drawings (Erosion Control/Paving,Grading Drainage/Utilities, . Details; Notes) - .plans ready for permit submittals � , Estimate of Probable Cost from Contractor With assistance arid'input from Engineer of Record Prepare draft project schedule and.budget • Conduct schematic design team meeting vyith client_ • Prepare'fnal schedule and budget, list of assumptions, allowances, contingency etc. -' Submittal of Estimate of Cost_proposal by Contractor 3 Additional Services. _ Surveys Provide a Topographic Survey to include the following: locate all improvements and utilities; obtain spot elevations on natural ground and existing improvements suitable for interpolation: of one foot contours to be shown on the final drawing cross=sections at 50 foot intervals along .adjacent. roadways; and two site benchmarks. The design. contract also .includes a. -boundary survey based on updating . and verifying the boundary survey provided by the City.. Will need title report for this survey. Assumes legal and sketch kk FDOT easement purposes. Geotechnical Engineering. Services. Our proposal includes borings across the _ site .with six some. of the borings for the main building to depths of twenty five (25) feet. The remainder of the borings are between 10- 2.0 feet deep. We will provide a geotechnical report with recommendations for building foundations; site; preparation, pavements and storm water retention design parameters: Landscape Architectural Services . Landscape Architectural Services shall be provided by the ;Design Team's registered Landscape -Architect starting with . input to .the Site. Master Plan..Conclusions of :the accepted Master Plan shall define the scope of plantings, irrigation, hardscape and site lighting, which shall be developed and coordinated in the execution of design and construction' services. Page 6 of 7 Page 78 of 334, City of. Boynton Beach Police Headquarters - J H J. HIGH C O N STR U CTI N Br Ma 9 GO�/ UILD TRUST. GUILD QUALITY. 13UILD COMMUHTTY. y:., ad . This phase shall result in a idetalled report; which shall contain the.followirig components: Police.De'partment Program Requirements. Exterior Training Facilities (If Requested). Development Options Estimates of Probable Development Costs.. Phasing Plan(s). Analysis and identification of all pertinent regulatory requirements. Analysis .and Identification of recommended green building elements. • The final report shall contain recommendations relative to. ;potential solutions, and shall include .0 to three,- 3 alternative..develo merit o tons as to ,the size and,,' p O. p P. associated potential costs of each. such alternative This report shall: be issued to the City's: Project Management Team for review and consideration. 1.2 Task Two:.Master Planning Based upon inforination'arid site data provided b the Site Civil Engineer, and p Y (:..�) g � .. the City; the needs identified .within the Spatial Needs Assessment; and with the direct input of the. City, the Architect shall provide Master Planning Services for development of the proposed property on High Ridge Road.: The Master Plan shall include evaluation of this property utilizing nationally recognized criteria for Law Enforcement Facility Security and CPTED principals. Items to be considered will include: • Ability of: thesite to.. accommodate - -appropriate Public ..and .Law Enforcement parking: • Evaluation of property relative to a 100 -year storm. • Identification of potential hazards, such as the adjacent Fire Rescue Station, Interstate 95, and E. Gateway Blvd. Appropriateness (capacity) of existing utilities, mck as power, gas, water; sewer, fiber optics, etc. • The ability of the site to accommodate the space needs of the Police Department, both in terms of current needs (Year 20 17) and future needs. • Based upon the recommendations related to facility size, the Architect shall identify the land area needed for the building(s), associated parking and related site requirements, such as ,storm water retention,, parking areas, . Page 2 of S Page 81 of 334 City of Boynton Beach Police Headquarters H ;J . HIGH C O P4 STR U CTI O N BIfILO TRUST. $tIILD Q[IAI.ITY $LfLG'CONMLNiTY.. ' May .9, 2017 furniture and. equipment locations; building sections that accurately define size and volume; elevations suitable for evaluation by the City_of Boynton - Beach review authorities; preliminary finish :.schedules and details; schematic outline of building environmental systems .(MEP/FP) :with. a design narrative describingsystems; preliminary.: structural layout; narrative describing technology .systems (security / Vo- ice4dta / audio visual). The Architect will coordinate with the Civil _Engineer's .site design documents to a level of detail for, submittal: and, review .by the City's. Development ReviewAuthorities. Engineering plans will include structural design .(foundations; framing plan, -and preliminary details); .MEP/FP(equipment selection; plans and : distribution layouts with ' preliminary details);': technology. systems (coordination, plans, , preliminary. details).. The:. documents will be coordinated with the Site. Design. (Civil and Landscape) for all utility connection and storm water drainage approach •. During.this task. the Architect shall propose and test various scenarios for phasing the _work such that the overall.project schedule can be maintained Upon completion of this task; the Design-Build (D-B) Team will prepare a cost estimate to confirm the probable. construction cost of the project: • Deliverable Product: A set of 30% complete documents shall' be prepared including drawings : and outline specifications ,furnished from all architectural/engineering disciplines along-.with a narrative describing: approach. to .the.: project. The . ,design documents.-:shall : accompany applications prepared. for submittal and review by the developmentreOew authorities. Upon completion of this task, the D-B:Team will update and confirm the probably. construction cost for the project, 3 -. Civil .Design . Preliminary Design/Program Outline In advance of the delivery of a detailed cost estimate; the design and development team proposed the following tasks: Task 1: Programming - Design (stakeholder programming space needs) • . Land Survey. and Geotech kickoff (update boundary and topo, tree survey) Page 4 of Page 83 of 334 City of Boynton Beach Police Headquarters k,H. a. HIGH CONSTRUCTION Ma y9 2017 r BUILD TNUvT. BUILD oUALITY. 13UILD'COM MUNITV. . • . Meetings with FDOT and Arcadis to discuss the. option of ashared'use pond or . dedication ofland ® Traffic methodology meetings • City preliminary approval ofprogram sizes for use in layout Deliverables: • City's preliminary review and acceptance of summarized program requirements • FDOT indication of desired approach (purchase or agreement) Task 2: Conceptual Documents/15% Produce a, critical path schedule to include design; :permitting, procurement and: construction logic - • Provide'a preliminary budget • Initiate geotechnical exploration • Identify. all permitting requirements and facilitate pre -submittal -meetings with - - each regulatory agency ® Preliminary stormwater management calculations:for verification: of stormwater management infrastructure requirements • - Identify existing utilities and meet with Utilities (FPL, AT&T, Comcast, gas, City Water and Sewer) • Kimley-Horn requires preliminary information from the MEP engineers for water, sewer, fire, and.other utility connection locations; sizes, and elevations at building tie-in points within 5' of each .building. • Kimley-Horn requires preliminary utility demand, information for. each building for sizing of utility connections and coordination with utilities. Obtain and review the existing survey information available • Create a preliminary concept.master site plan based upon .all information received to date to include, roads, hardscape, water, .sewer, storm, fire and power • Preliminary _Stormwater management calculations (including information for storinwater volume required by MOT from Arcadis) for sizing of retention/detention area and on-site exfiltration trench _needs. • Conduct one (1) conceptual design review meeting with client • Pre -application meeting with City of Boynton Planning and Zoning • Finalize a conceptual design layout to scale (Site Plan) • .30% Preliminary Engineering Plans - grading high/low points, preliminary stormwater management system layout; preliminary utility layout and sizing of pipes and connections. • Preliminary Traffic Engineering / Background Trips Deliverables: • Survey Page 5 of 8 Page 84 of 334 City of Boynton Beach Police. Headquarters H. J. HIGH GDIqsTRuCTION May 9. 2O1/ (f�w BUILO TRUST. SUI QUA LITY,. BUILD COMMUNTTY_ E • Geotechnical.Report • Conceptual Site Plan • Preliminary Engineering Plans • Conceptual Building Elevations and Floor. Plans • Preliminary Design Package (Budget/Permitting Timelines) • Preliminary Cost Estimate Task 3: Schematic Documents /.30% progress Architectural/ 75%.progress Civil • Kimley-Horn requires final information from the 'MEP engineers for water, sewer; fire; and otherutility connection locations, sizes; and. elevations at building- tie-in points within 5' of each building. • Kimley-Horn .requires final utility demand information for each building :for sizing of utility connections and coordination with Utilities Department.. • Completion of Zoning/Site Plan Package (Site Plan / Preliminary Engineering t Landscaping. and Irrigation / Elevations with Floor Plans / Photometric) • Co'n1p lotion :of Traffic Study and submittal to Palm Beach County Traffic Division • Submittal of Site. Plan to City of Boynton DART and receive first round. of comments • 75% Engineering.Drawings (Erosion Control/Paving Grading Drainage/Utilities, Details, Notes) -plans ready for permit submittals Final stormwater management calculations for permit submittals, including stormwater management needs for FDOT from Arcadis • Submittal of drainage calculations_andStormwater design to FDOT to facilitate shared use pond approval • Estimate.of Probable Cost from Contractor with assistance and. inpuf.from Engineer of Record • Prepare draft protect schedule-and budget Conduct schematic design team meeting with client • Prepare final schedule and budget, list of assumptions, allowances, contingency etc.: • Submittal of Estimate of Cost proposal by Contractor 3 -Additional Services Surveys Provide a Topographic Survey to include the following: locate all improvements and utilities; obtain spot elevations on natural ground and existing improvements suitable for interpolation of one foot contours to be shown on the. final drawing; cross;sections at 50 foot intervals along adjacent roadways,-'and two site benchmarks. .The design contract Page 6 of 8 Page 85 of 334 City of. Boynton Beach rj� Police Headquarters H J. HIGH COnISTRUCTION Ia2017 BU1L0 TRUST: 31111-0 QUALITY BUILD COMMUNITY. y, also includes a boundary survey based on updating and verifying the: boundary survey provided by the.. City: Will need title report for this survey. Assumes. legal and, sketch: for'. J FDOT easement purposes.. Geotechnical Engineering Services Our proposal includes borings across .the site with. some of the borings for.the main building to depths of twenty. five (25) feet.: The remainder of the borings are. between .10- 20 feel deep. We will"provide. a geotechnical report with recommendations for building foundations; site preparation; pavements and storm water retention design parameters:. Traffic Study Our design consultant will be responsible for .the assessment. of traffic necessary to. support the project and satisfy the traffic concurrency requirements establishedby the. City: Landscape Architectural Services Landscape Architectural Services shall be provided by the Design Team's registered Landscape Architect. starting with input to the Site Master Plan. Conclusions of the accepted Master Plan shall define the scope of plantings, irrigation, hardseape and site lighting, 'which shall be .developed .and coordinated in the . execution : of design and construction services: Technology Design Services Schematic (30%) Technology Design Services consistingof voice data Systems,, security systems; and audio-visual systems. The. Technology Designer shall document systema requirements, provide. design of .the. accepted :technology 'systems scope. of Work and. C oordinate thoroughly with the Architect and MEP/FP Engineers: Graphics and Signaue Design Excluded Design Renderings.for P.ublie.Meetings Excluded 4 ,Design Phase Contingency A design contingency is included for this phase to cover any services not specifically included in the. scopes above or for any design or pre construction services needed to cover scopes that are unknown at the time of the execution of this contract. The contingency will be for the design builders use. All unused funds will be refunded to the City. 5 - Indirect Costs . Page 7 of 8 Page 86 of 334 City of. Boynton Beach Police Headquarters ®:�' H J. HIGH c ❑ N STR U CTI O N May 9' 20.1/ r BUILD TRUST. BUILD QUALITY. BUILD COMMUNITY. Reimlbursables. Allowance for all reimburables during this phase. The design team will providereceipts as requested by the Client. All costs will be billed "at cost" with no markup. Excludes local mileage, phone, computer time; word processing time, and "entertainment". :Project Management & Estimating Services All estimating time, project management services, meeting attendance, accounting, clerical requirements; scheduling, and cost studies are included. F77 EXCLUSIONS: Phase II Design Scope -.... Construction documents, permitting, construction admin. Design Renderings -. Impact Fees - Permit Fees FINFROCK e June 19, 2017 Mark Hefferin President E2L Holdings, LLC 1400 W.: Fairbanks Ave.; Suite 201 Winter. Park, FL 32789 RE: Phase I Scope — Garage 8A and 8B Dear Mr.. He erm: Please accept this letter_ as the. scope portion of the proposal for the Phase I efforts of the overall design -build delivery of .the two parking garages in Boynton Beach, FL. Project Overview: .. 8A Parking Garage: A ground plus six elevated level parking garage with upgraded exterior elevations and connectivity to the adjacent multi -family residential building. o. 8B Parking Garage: A ground.plus three elevated level standalone parking garage with. upgraded exterior elevations and a pedestrian canopy PHASE I _ PRELIMINARY DESIGN -BUILD SERVICES This phase, which has sub -components is performed in advance of the Design -Build GMP Proposal. • Phase I-A=_Due Diligence and Coordination • Phase I -B = Concept Design Documents • Phase I -C- GMP Proposal PHASE I-A_Due Diligence and Program Creation -.. Services This phase of the work provides those items necessary to develop'a program each parking garage: Task 1: Review Existing Conditions 1) Review site survey (survey by others) 2) Review geotechnical report (geotechnical report by others) 3) Perform site visit Task 2: Coordinate with City 1) Meet with City to review project goals 2) Discuss program requirements for the parking garage Task 3: Coordinate with Team 1) Coordinate with civil engineer, developer, and surrounding design/build teams 2) Identify limits of building footprint 3) Discuss location for power and transformer pads 2400 Apopka Boulevard ■ Apopka, Florida 32703 0 407.293.4000 ■ www.finfrock.com Page 88 of 334 4) Identify existing dry utilities/meetwith dry/franchise.utility providers 5) Preliminary information from MEP engineers for water/sewer/fire and other utility connection locations, sizes and elevations at building tie-in points within 5' of each building and preliminary demand calculations Task 4: Budget Verification 1) Provide budget 2) Review of allowances, contingencies and clarifications . Deliverables 1) :Summary of Work Document 2) Updated Budget. Schedule The work described in Phase I -A will be completed within approximately four (4) weeks from a Notice to Proceed, and receipt of ficial survey and geotechnical engineering. PHASE I -B - CONCEPT DESIGN DOCUMENTS This phase includes the services necessary to further develop the Conceptual Design to include OWNER review comments. Finfrock will proceed with this phase of the work upon: completion of Phase I -A. More specifically; the work of this sub -phase includes the following Task 5: Design Documents 1) Prepare concept/schematic design drawings for the parking garage project including the following. a) Architectural: i)- Schematic layout showing entries/exits, parking spaces, stair/elevator core locations, room designation for any mechanical or program requirements. ii) Exterior elevations iii) Renderings b) Structural: i) Schematic foundation plan c) Plumbing: i) One line plumbing diagram, drain details d) Electrical: i) One line electrical diagram, lighting layout e) Low voltage: i) Show locations for any cameras, emergency phones, etc. 2) Provide required building design documents for site plan approval by others 3) Present concept plans to client for approval 4) Adjust concept per comments Task G: Budget and Schedule Verification - Local Small Business Plan 1) Updated estimate; updated contingencies, allowances and clarifications 2) Prepare project schedule with phasing and detail 3) Finalize Local and Small Business Plan 4) Present plans to client for approval 5) Adjust per comments 2400 Apopka Boulevard ® Apopka, Florida 32703 ■ 407.293.4000 ® www.finfrock.com Page 89 of 334 Deliverables 1) Design Documents 2) Updated Summary of Work Narrative 3) Project Schedule 4) Local and Small Business Plan Schedule . The work described in Phase I -B will be completed within approximately six (6) weeks from a Notice to Proceed. PHASE I -C - GMP PROPOSAL This phase includes the services necessary to further develop the Conceptual Design to include. . OWNER review comments. Finfrock will proceed with this phase of the work upon completion of . ph. ase More specifically, the work of this sub -phase includes the following: Task 7: -Development. of Guaranteed Maximum Price Proposal 1) Finalize owner comments from Phase I -B 2) - Finalize subcontractor/vendor bid packages in accordance with Local and Small Business plan . 3) Receive and analyze bids including recommendation of subcontract awards, 4) Finalize project construction schedule 5) Present Guaranteed Maximum Price Proposal to include schedule, detailed estimate, recommendation of major trade subcontract awards, site logistics plan, clarifications and assumptions, list of allowances and contingency detail Deliverables 1) Guaranteed Maximum Price Proposal 2) Design Documents including plans and specifications 3) Draft of Design -Build agreement with clarifications and assumptions 4) List of allowance and contingencies 5) Project Schedule and Site Logistics Plan 2400 Apopka Boulevard o Apopka, Florida 32703 ® 407.293.4000 ■ www.finfrock.com Page 90 of 334 Schedule The work described in Phase I-C will be completed within approximately four (4) weeks from the date of completion of phase 17B and Notice to Proceed. All work will be based on the plan that the OWNER has reviewed in the Conceptual Phase (Phase I-B). Clarifications Civil engineering is to be providedbby others — utilities and their connections to be coordinated with points of connection approximately, 5' out of the. footprint. All Work Product (drawings, plans, specifications, etc.) created though this Phase I work shall remain the properEy of Finfrock with a limited license to use provided to Owner and City: Owner's limited license to utilize work product is contingent upon Finfrock being contracted for the full construction phase of the work, provided the project moves forward into the construction phase. . Please don't hesitate to contact me with any questions. Sincerely, FINFROCK Kyle A. Myers, PE Senior Pmject Executive kmvers(a� finfrock:com 407.367.2436 direct 407.402:7318 mobile 2400 Apopka Boulevard ® Apopka, Florida 32703 i 407.293.4000 ® www.finfrock.com Page 91 of 334 Page 92 of 334 Haskell-/ Boynton Beach, Redevelopment Infrastructure Improvements —.Phase I Scope of Work June 15, 2017 Page ' 2 Note: Assumes that city standards are in effect fornew development and that, a Development Guideline Book is not required for planning approval.. Task 3: Prepare Concept for Kingdom Playground. 1) Attend on publicworkshop. to understand stakeholders'. vision:: 2) Prepare one concept plan .3) Meet with City to present plan and obtain approval and comment.' Task 4: Public Art Program 1)..-Meet with Cityand Developer to obtain vision of art program and identify existing arfand desired art for display 2) Coordinate "with Art Consultant and City on formalizing the plan for incorporating art into the: project. -Art Consultant by others 3)'-Agree on approach for artprocurement and allowance to. be. included in the: GMP in l. order solicit, select and commission and incorporate art installation Task S: Tree Identification Plan. 1). Meet with City,and,Developer to review tree save options 2) .Show specimentrees to remain on masterplan Task 6:: Coordinate With. IO.Site Development Teams 1) Identify limits. of building footprint 2) Discuss location for power and transformer pads -3) Identify, existing dry utilities/meet.with:dry/franchise:utility providers .4) Obtain preliminary information from MEP. engineers for water/sewer/fire and other utility 'connection: locations, sizes and elevations , at building :tie in points within 5'_ of each building and preliminary demand calculations . 5) .Traffic Analysis_ draft based on project limits 6) . Pre-applicationmeeting with City of Boynton Planning a.nd Zoning Deliverables 1 Udated Master Plana . P 2) Conceptual Design for Kingdom Park 3) ;Geotechnical Report: 4) -Master Survey of Existing Conditions 5) Report on utility needs for each parcel 6) Traffic Analysis . Schedule The work described in Phase I-A will be completed within approximately ten (10) weeks from a Notice to proceed, and receipt of final survey and geotechnical engineering. PHASE-1-13 - CONCEPT DESIGN DOCUMENTS FOR GMP'OF INFRASTRUCTURE (30-60% SET --INFO PROVIDED TO ANSWER-COST :AND CONSTRUCTABILITY) This phase includes the services necessary to further develop the Conceptual Design to include City and Developer review comments. - Haskell will proceed with this phase of the work upon completion of Phase. I-A. More specifically, the work of this sub-phase- includes the following: HASKELL Page 93 of 334 Haskell/ Boynton Beach Redevelopment. Infrastructure Improvements --Phase l Scope of Work June 15, 2017 Page Task 7: Refine Master Plan's- site specific layout sheets 1), Site Demolition plans. Coordination for preservation items 2). Develop plan, sheets at V- 40',for Master Plan infrastructure, grading high/low points, Preliminary storm water management system layout and calculations, preliminary utility layout and sizing of pipes and connections; landscape, hardscape. (parking, sidewalks), lighting and power plan, site amenities (benches; trash.receptacles, flag poles;.signage; bike .racks, , water features) ..3) . Develop Maintenance of Traffic Plans . 4) Obtain program from City and reach agreement on the scope for public. spaces Agree On: allowances .to be included in the GMP for the design and construction of: .,a) amphitheater— AV; stage, speakers b):: new playground equipment, relocation of existing playground, soft deck,;special features or -shade structures C) art. location and structural supports for installation including accent lighting d) water features, fountains, splash pad e) all public park space including but not limited too newkingdom playground- and amphitheater park_ 5) . Prepare materials and quantities to support GMP proposal' a) Include:call outs,cufs sheets, product literature and plant schedule:.:Landscape design_ services to produce drawings for permit and construction to be included in = GMP and performed in: phase 2 6) Submittal of:traffic study to Palm Beach County Traffic Division and receipt of first comments .7) Site plan processing and administration 8) Submittal.of site plan. application to City of Boynton Beach Planning and Zoning. Development Action. Review Team (DART) 9) Receipt of first comments from DART and attendance at DART meeting 10) One meeting to, present concept plans to City and Developer for approval Task :8: Coordination ,with Utilities and Stormwater. 1) . Address first'round of comments from DART, City and Developer and incorporate into plans .2) _Coordination meetings by civil engineer on water, sewer, storm vaults, site lighting . (location on Civil plans) and power (includes final information/agreement with MEP - engineers for water/sewer/fire and other utility connection location, sizes and elevations at building tie-in (5' from buildings). Note:. Submittal to South Florida Water Management will in occur in' phase 2 the purpose of further development of civil ,plans is to support estimating and GMP development. 3) Present concept plans to client for approval 4) Adjust_'concept per comments.. 5) 75% Engineering Drawings Completed (Erosion Control /Paving, Grading; and Drainage / Utilities /Lift Station Designs and Calculations /Phasing Plans / Details / Note_ s) 6) .75% water/sewer plans suitable for permit submittals 7) 75% Storm water management plans and calculations suitable for regulatory agency permit submittals HASKELL Page 94 of 334 Haskell / Boynton Beach Redevelopment Infrastructure Improvements —. Phase I Scope of Work June 15, 2017. Page 4 Task 9: Budget: and Schedule Verification 1)Updated estimate to include budget with detail, updated contingencies, allowances and clarifications 2) -Updated project. schedule_ with. phasing and detail 3) Incorporate Local.:and.Small Business_ Plan as agreed to: by Developer. and City 4) -Present plans to client for approval -5) Adjust per.comments`:: . Deliverables 1) Master Plan's site specific concept plans with materials and quantities 2) DART comments 3) 75% Civil Engineering Plans - Water; Storm, Sewer-. 4) Utilities Permit -Applications; Water, Sewer, Storm 5) Site Electrical "pricing IeveI" Plans 6) Cut sheets: on FFE,. Fixtures and: Equipment .7) Detailed Budget 8) Project Schedule Schedule The. Work described in Phase 1=8Will be. completedwithin approximately eight (8) weeks from a Notice to Proceed.:. . PHASE I=C -.GMP. PROPOSAL.. This. phase includes the services necessary to further develop the Conceptual Design to include City and Developer review comments. Haskell will proceed with this phase of the work upon completion of Phase kB, . More specifically, the work of this sub -phase includes the.following Task:10: Development of Guaranteed Maximum Price Proposal and Contract' 1) Finalize,City and- Developer comments from Task.9 workshop into. an addendum. 2) Finalize slubcontractor%vendor bid packages in accordance with Local and Small Business plan for advertisement and solicitation of. proposals 3) Advertise Bid Packages, . 4) Receive, analyze, and provide bid tabulationsincluding: recommendation of subcontract awards, 5) Finalize: project construction schedule . 6) Present Guaranteed Maximum Price Contract to include schedule, detailed estimate, bid tabulations, clarifications and assumptions, list of allowances and contingency detail: Deliverables 1) Guaranteed Maximum Price Contract 2) Design Documents utilized for "pricing" GMP 3) Clarifications and assumptions 4) List of allowance and contingencies 5) GMP Book with detail estimate, bid tabulations and project schedule HASKELL Page 95 of 334 Haskell / Boynton Beach Redevelopment Infrastructure Improvements — Phase I Scope of Work June 15, 2017 Page 5 Schedule The work described in Phase :I -C will be completed within approximately four (4) weeks from the date of completion of phase 1-13 and Notice to Proceed. All work will be based on the plan that the City and Developer has reviewed .in the Conceptual ...... Phase (Phase 1-13). Clarification . Phase I services do not include, platting, zoning, land acquisition or securing entitlements. Permit and permit related: costs excluded. Reimbursable budgets for survey and geotechnical engineering are included and to be.coordinated by Haskell. A reimbursable budget for travel and. misc. costs to support the Phase 1 deliverables is included. The City of Boynton Beach standard detailsto be utilized for civil, hardscape and landscape design. The amphitheater and splash pad design services and cost of work to be carried in the GMP proposal and completed in phase 2 upon approval and. notice to proceed. Does not include a tree survey or arborist report, if required to obtain a permit, this will be negotiated separately to avoid schedule impact or included in the GMP to be performed in phase 2. 1 HASKELL Page 96 of 334 June 29, 2017 Mark Hefferin President E21- Holdings, LLC 1400 W. Fairbanks Ave., Suite 201 Winter Park, FL 32789 Re: Phase 1 Scope — Boynton Beach High School Dear Mr. Hefferin: Please accept this leter as the scope portion of the proposal for Phase 1 of the Historic Boynton Beach High School. Project Overview: • Renovation of the Historic High School PHASE 1 — PRELIMINARY DESIGN -BUILD SERVICES The following sub -components are performed in advance of the Design Build GMP Proposal -also known as Phase 1: • STAGE 1 • STAGE 2 PRECONSTRUCTION SERVICES & DESIGNIBUILD COORDINATION • General Conditions & Requirements o Preconstruction o Project Management and Supervision o Contingency • Architecture, Engineering and Design Costs o REG descriptive narrative attached • Performance and Payment Bonds • General Liability Insurance • Management Fee EXISTING CONDITIONS & ENVIRONMENTAL • Selective removal of the. following items *Subject to change based on abatement o General building clean up per 6-27-17 meeting at CRA • STAGE 3 • ABATEMENT AND REMEDIATION COORDINATION (notreflected in Straticon cash flow report) Page 97 of 334 STAGE 4 0 DRY IN & MAKE SAFE OPTIONAL SHRINK WRAP -UNDER REVIEW ® CONCRETE o Stabilize - Temporary repairs for safe working conditions MASONRY o StabilizE - Temporary repairs for safe working coriditions • METALS o StabilizE - Temporary shoring for safe working conditions WOODS/PLASTICS o Stabilize - Temporary bracing for safe working conditions ® THERMAL & MOISTURE PROTECTION ® OPENINGS — WINDOWS/DOORS o Temporary doors/openings for safety and security ® HVAC o Cut/Cap make safe • PLUMBING o Cut/Cap make safe • ELECTRICAL o Cut/Cap make safe ® STAGE 5 ® SELECTIVE DEMOLITION 0 TBD— MEETING ON 7-6-17 WITH CARDNO AND CROSS CONSTRUCTION Schedule Phase 1 is tentatively scheduled for the months of July 2017 through November 2017, this schedule may be subject to change depending on date of signed contract and approved funding Thank you, Straticon LLC 451 SE Federal Highway Stuart, 171 34994 Page 2 of 2 i Page 98 of 334 RECD ARCHITECTS, INC. ARCHITECTURE * INTERIOR DESIGN * PLANNING June 23, 2017 Jeff Hardin, President Straticon Construction Services 800 SE Monterey Commons Blvd., Ste. 202 Stuart, FL 34996 Boynton Beach High School Rehabilitation Scope of Work & Deliverables Phase I: Evaluation/Stabilization/As-Built/Design Overview: Assist in evaluating condition of historically designated building. Assist in identifying emergency repairs required to stabilize building and coordinate with environmental assessment. After stabilization is complete provide existing building documentation and complete As -Built documents ready for programming and design. Meet with City to program temporary and permanent spaces. Use information to provide design documents for review. Once reviews are complete, coordinate with consultants to provide documentation sufficient to obtain GMP pricing. Proposed Project Program: Phase I. Architectural and Engineering Services A. Selective Demo/Preliminary Evaluation/Environmental Assessments: • Assist Construction Manager (CM) with critical areas of investigative evaluation, provide mapping and descriptive locations for selective demolition required to expose structural and other significant elements/systems for evaluation. Receive and review photo/descriptive documentation from CM to include in future documentation and planning. • Review environmental reports for coordination in subsequent phases regarding historic rehabilitation and environmental remediation. • Assist with recording conditions with photography and other means as required for documentation, archiving and use in subsequent planning phases. Deliverables: 1. Floor and/or elevations as required to map out and describe selective demolition work. 2. Assemble and organize building condition photographs taken by REG and - submit for archiving for future use. 300 Clematis street, 3/* 's`t Palm Beach, FL 33401 Phone: (361) 4 9-2/��, F k: (361) 659-3346 AA 0002447 EST. 1988 Page 99 of 334 Historic Boynton Beach FEgh School REG # 10026.2 June 22, 2017 Page 2 of 6 B. Stabilization: • Assemble and evaluate information from Phase IA. Plan for immediate building needs such as drying -in, appropriate building ventilation/ dehumidification, structural repairs required, securing building from human and animal entry and other items found to be required to prevent further deterioration of building during planning and design process. Deliverables: 1. Provide assessment reports and directives as needed. C. Buildina Evaluation/As-Built Documentation: • Gather information on existing conditions. • Measure and photo document existing conditions as well as utilize existing archived construction documents to complete As -Built drawings for use in subsequent Planning and Design phases. • Consultant assessment of existing systems primarily focusing on structural and MEP requirements for subsequent planning and design phases. Deliverables: 1. Photographs of existing conditions. 2. Measurements required for As -Built drawings. 3. As -Built documents which will include floor plans, elevations and building sections along with selected photographs of key conditions. 4. Preliminary Structural and MEP assessments (MEP only if required). D. Concentual/Temoorary Staff Relocation Proarainming[Final Proeramming • Meet with City staff to determine temporary staffing and equipment requirements for space allocation and system needs until permanent facilities are completed. Coordinate with facilities schedule. • Meet with City staff and Stakeholders to obtain information needed in programming permanent staff requirements. • For both temporary and permanent programming provide separate spread sheets and plan diagrams to be used in subsequent planning and design phases. • Develop conceptual design plans with minimal consultant involvement, for City staff and Stakeholder review and sign -off. Deliverables: 1. Recording of programming meeting to include spread sheets of spatial requirements, staffing and system requirements. 2. Diagram plans and spread sheets of City equipment that requires relocation. 3. Conceptual designs that include sketches and bubble diagram floor plans. 4. Preliminary elevation sketches,-_` 300 Clematis Street, 3rdroa W4sI Palm Beach, FL 33401 Phone: (361) 639' �23$3� (�"" 1tax: (561) 659-5546 wWw regarchira'cfis.�?n�n5.1 AA 0002347 EST. 1988 Page 100 of 334 Historic Boynton Beach High School REG # 10026.2 June 22, 2017 Page 5of6 Phase Il. Architectural and Engineering Services Overview: Coordinate with consultants and finalize construction documents which will be used for .final pricing and building permit submittal. Assist CM in, pricing and sub -contractor questions. Complete, with CM, the construction process, obtain Certificate of Occupancy. A. Construction Documents (CD): ® Based on approved Design Development Documents and any other .adjustments approved/authorized by the Client, REG shall prepare Construction Documents consisting of detailed drawings and specifications book, setting forth in detail the requirements 'for construction, code compliance, and any required phasing to make sure the schedule is followed. Deliverables: All drawings submitted in the Design Development Phase will be further developed to. reach Construction Documents level. In addition to the Deliverables included in=the Design Development Phase, the following documents will be provided in this phase: ® Architectural. (Approx. 22 sheets) 1. Roof Details 2. Doors and Windows Details 3. Stairs and Elevators Details 4. Architectural Site Details 5. Interior Design: (Approx. 6 sheets) 6. Furniture and Equipment Schedules • Structural: (Approx. 10 sheets) 1. Foundation, Columns, Beams, and Trusses Schedules 2. Wind Pressures Schedules 3. Structural Details 4. Specifications and Notes MEP/FP: (Approx. 24 sheets) 1. Mechanical, Electrical, and Plumbing Notes, and Specifications 2. Mechanical, Electrical, and Plumbing Schedules and Riser Diagrams 3. Exhaust and Outside Air Calculations 4. Energy Calculation 5. Plumbing Fixture Schedules B. Pricing and Permitting (BP): ® REG shall provide (3) full sets of Signed & Sealed Coristruction.Documents necessary for permitting to Straticon for issuance to the local building, department for review. The Architect shall not be responsible for any permitting, review applications, fees, or printing costs. After submittal, REG and its Consultants will address any comments or revisions required by the City of Boynton Beach. 300 Clematis Street, 3rd jst Palm Beach, FL 33401 Phone: (561) 65931'2/y ax: (5'61) 639-5546 ararar regarchiteis` 'M AA 0002447 EST. 1983 Page 101 of 334 Ffistoric Boynton Beach High School REG # 10026.2 June 22, 2017 Page 6 of 6 ® REG shall assist the Contractor and respond to any request for information for the final Budget update. C. Construction Administration (CA): • Task 1: Selective Demolition. © Task 2: Historic Rehabilitation and Adaptive Reuse o Task 3: Punch List and CO Deliverables: 1. Monthly field reports shall be provided based onsite observations. 2. Regularly scheduled site visits for jobsite meetings 3. RFI responses 4. Shop drawings review 1.7 5. Change orders and Pay Applications review Exclusions Multiple preliminary designs: Marketing material; surveys; geotechnical reports; field testing; special inspections; environmental assessments; surveys and reports; traffic studies; site planning; Civil Engineering; Landscape Design; building information modeling; security, technology, audio visual, theater, audio, performing design and information systems design; low voltage system design; food service design; Acoustical reports and design; pool and fountain design; furniture and equipment (FFE) purchasing; as -constructed record drawings, detailed cost estimating; on-site project representation; system commissioning; sustainable/environmental design (green); unforeseen conditions or changes to the project scope of work. g: spotenttal project proposalsk2017 potential client proposals`.boynton beach high school-straticoW2017-06-26 scope vjwork narrative. lots 300 Clematis Street, 3rdrF'to est Palm Beach, FL 33401 r t i Phone: (561) 63911238, , Pax: (561) 659-3346 W w whlS,elElsrni.� AA 0002447 EST. 1989 Page 102 of 334 *Basic Overview / Deliverables plus A&E Fees/Narrative - Attached. June 23, 2017 / Revised June 27, 2017 TASKS 38% BUDGET NOS. 1A N.I.C. Selective Demo / Abatememt / Historic Feature July -17 N.I.C.. *REG Coordination / Documentation 1B 2% Drying in + Ventilation (Dry out) July -17 $15,000.00 $35,000.00 *REG and Structural (narrative) 1C 4% Building Evaluation/As-Built Documentation August -17 $32,000.00 10% Construction Administration - 12 months Jari - Oct. 2018 $.75,000.00 *REG and Structural _(narrative) 1D 6% Conceptual (A&E.Services) August -17 $46,000.00 100% Sub Total $ 397,000.00. GRAND TOTAL $750,000.00 *REG / Structural / MEP 1E 15% Schematic Design (A&E) September --17 $113,000.00 *REG / Structural / MEP 1F 20% Design Development (A&E) October -17 $147,000.00 *REG /Structural / MEP' Sub Total -$353,000.00 Straticon (GMP) Guaranteed Max. Price 2A 38% Construction Documents November -17 $ 287,000.00 2B 5% Bidding / Permitting December -17 $35,000.00 2C 10% Construction Administration - 12 months Jari - Oct. 2018 $.75,000.00 100% Sub Total $ 397,000.00. GRAND TOTAL $750,000.00 Page 103 of 334 0 N m O O O O r O W w x x CL a O O O O O O O 00 0 0 0 0 O O O Q1 n r r O r r r r r r M p 0 0 0 CD (D C7 N 0 0 W O O M (V M N O O UD O O > r r N N Or Z E& 64 69 69 Efl EH H3 (A Ki 613 V} (A 69 U)' 64 6n (n 69 Vf 0 0 0 0 0 0 0 CO 00 O7 O O O O O O M r r N O I- r M 0 0 0 0 co O co O p r O N C C 07 O M N M N O O N W O Cl) N N r O c» 6.)6v61613,U3(»(»E»6»vf (AfA61(69 61T61)(R69 O O O O O O O O co O M O O O O0 0 0 M O O N h r r r r V O O O O r O 0 0 r co O O r O (M O 00 0 (n O O Cl) O r O N 0 0 p O O M O N O F-' M � N N(0 CA O Un M M N IL w 61�61�v,61�61s61>6a61� U�lv3V�,61)61 rn(»bl UU)W69 h O O O O O O C7 0 0 CO 0 0 (7 O OJ O O O O 0 0 0 0 co 0 0 0 O 00 N p V 0 0 0 0 r r 00 0 O M O O O r r 0 N M 0 0 0 0 co 00 O Cl) 0 0 0 O r O N 0 0 07 O O CO M 0 0 0 O M h NM O c") N m O O h M h Cl) O O N r N M r Nr 69 (A H3 0 Q 64 (A 69 69 69 69 69 fH (A 69 fR (fl Vl O O o 0 0 0 r 0 0 O O O h 00 O O O O O O O O O O O V 0 0 0 0 V' N O O' r r r r r 0 0 0 N 0 O M O O O O r r (D O 0 0 0 r O N 0 0 (D O cv 0 «J uj O Cl) N N M 0 0 0 (D m 0 h h Un co 1- r N N h H3 EO J EA (A r (A (A UA H-? 69 (4 Y)) EA (A fR (f3 K3 fPr 64 (A 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl 0 0 0 0 V O O O O V N O 0 0 0 0 0 0 0 0 0 0 0 h O O O O0 0 0 0 0 0 0 0 0 0 0 (D O O 'O O (n m CO O O (fl O O O O UD to O 0 O Un o r 0 0 (o 0 (n o 0 h o rn (D u) w h o p CO (o O O UD r r 07 (N r U) r (FT (A 69 (i), U> O (A ua co Eli ER to (.0 ff} U> 69 O EA 69 N3 69 GO W z LL 0 (n Q Z W Z'5 Fes- O W E z w Y W O< W > U F -LU 0 - rW LL= UZ LU�(Q��O.W COLLY Z z D Cz') < 0 W LL, Z~ W Q F= V) Z) W J_NJ Q[aUY� QL'i LU LL z Z w z Cf)QLm WQdQQ 0 :E C7 0(n LLJ �()Q2U w Z W U)Nu)=W Uo6CD E~ U 0 a U Q Z z} w<} m Q U W Z?�Q(~j�O�UU C) ZzO¢ 0UWQri) r Q J Lli Z F"' Z Z J V W (n r� J Ur U( Z (,) <OWZwmC2 z0 §§ 5iZE � ui( -, — !Mw F=-U—Qo�z:UU °C W 02a�>J W �a 00 Lb w wX0� C7 na a U Q a C7 LL w U U� 'S F- O a= w O (D 0 CJ 0 (D 0 (7 0 (] o O CD 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O N co a Un (fl h 0 0 O O O O O O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 r N M d' Un (D h co N M (0 O O O 0 0 0 0 0 0 0 0 0 0 0 0 N N 04 O O O O r O W w x x CL a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 1.9 20 21 22 2.3 24 25 26 27 28 RESOLUTION NO. R17-078 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZE THE MAYOR TO SIGN A FIRST AMENDMENT TO THE TOWN SQUARE REDEVELOPMENT PHASE I SERVICES AGREEMENT WITH E2L REAL ESTATE SOLUTIONS, LLC OF WINTER PARK; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on June 29, 2017, the City and Company entered into the Town Square Redevelopment Phase 1 Services Agreement ("Agreement") whereby Company was engaged to provide certain Phase 1 Services as defined in the Agreement with respect to the City's Town Square Development (the "Development"); and WHEREAS, the City and the Company desire to enter into this First Amendment to the Agreement in order to provide for the Company to provide additional Phase 1 Services related to the inclusion of a District Energy Plant (the `'Energy Plant"), and design services for water, sewer, reuse, and stormwater infrastructure associated with the Development ("Utility Infrastructure") in accordance with the terms set forth herein. WHEREAS, upon recommendation of staff, the City Commission has determined that it is in the best interests of the residents of the City to authorize the Mayor to sign a First Amendment to the Town Square Redevelopment Phase I Services Agreement with E2L Real Estate Solutions, 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 hereof. C:\UserslStanzionet\Appdata\Local\MicrosoftlWindowslTemporary Internet Files\Content.IE5\52FYTEOE\Town_Square_First_Amendment_ _Reso.Doc Page 105 of 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 Section 2: The City Commission of the City of Boynton Beach, Florida does hereby authorize the Mayor to sign a First Amendment to the Town Square Redevelopment Phase I Services Agreement with E2L Real Estate Solutions, LLC, a copy of the First Amendment is attached hereto as Exhibit "A". Section 3. This Resolution shall become effective immediately upon its passage. PASSED AND ADOPTED this 2167k, day of , 201T 0' CITY OF BOYN T ON BEACH, FLORIDA YES NO Mayor — Steven B. Grant ,- Vice Mayor — Justin Katz Commissioner -- Mack McCray Commissioner— Christina L. Romelus Commissioner — Joe Casello V VOTE AT EST: J A' ith A. Pyle, CM, pity Clerk (Corporate Seal) C:\Users\Stanzionet\Appdata\Local\Microsoft\Windows\Temporary Internet Fi1es\Content.IE5\52FYTE0E\Town_ Square_ First_ Amendment= _Reso.Doc V Page 106 of FIRST AMENDMENT TO THE TOWN SQUARE REDEVELOPMENT PHASE 1 SERVICES AGREEMENT THIS FIRST AMENDMENT, dated the, day of,,) a, 2017, between: CITY OF BOYNTON BEACH, a municipal corporation, with its principal place of business at 100 East Boynton Beach Boulevard, Boynton Beach, Florida 33495, hereinafter referred to as "City"; and E2L REAL ESTATE SOLUTIONS, LLC, a Florida limited liability company, with its principal place of business at 1400 W. Fairbanks Ave., Suite 201, Winter Park, Florida 32789, hereinafter referred to as "Company" WITNESSETH: WHEREAS, on June 29, 2017, the City and Company entered into the Town Square Redevelopment Phase 1 Services Agreement ("Agreement") whereby Company was engaged to provide certain Phase 1 Services as defined in the Agreement with respect to the City's "Town Square Development (the "Development"); and WHEREAS, the City and the Company desire to enter into this First Amendment to the Agreement in order to provide for the Company to provide additional Phase 1 Services related to the inclusion of a District Energy Plant (the "Energy Plant"), and design services for water, sewer, reuse, and stormwater infrastructure associated with the Development ("Utility Infrastructure") in accordance with the terms set forth herein. NOW, THEREFORE, for and in consideration of the mutual covenants and other good and valuable consideration, the Parties hereto agree as follows: SECTION 1. The foregoing "Whereas" clauses are hereby ratified as being true and correct, and incorporated herein. SECTION 2. That the tenn "Municipal Improvements" as provided for in the Agreement shall be amended to include the District Energy Plant and the water, sewer, reuse, and stormwater infrastructure associated with the Development. SECTION 3. That Section 3.2, "Phased Development Services, of Article III, "Scope of Phase 1 Services" is hereby amended to add Paragraphs 3.2.B(vii) and (viii), which shall state the following: {00195519.2306-9905263) Page 1 of 5 Page 107 of 334 B. Preliminary Planning and Programming of Phase 1 Services. As a part of the Phase 1 Services, Company agrees to hold workshop sessions with the representatives of the City not less frequently than the times set forth in the Pre -Development Schedule attached hereto as Exhibit "B". The Pre - Development Schedule also sets forth the target dates for the other Phase 1 Services. The City agrees to meet with the Company (or, at the Company's direction, the respective members of the Development Team) and to cooperate and assist in the planning and programming of the Development. As part of the Preliminary Planning and Programming Services, the Company shall coordinate or assist with the following: (vii) Development of plans for the District Energy Plant (viii) Development of plans for water, sewer, reuse, and stormwater infrastructure associated with the Development. SECTION 4. That Section 3.3, "Fees; Payment of Expenses", of Article III, "Scope of Phase 1 Services" is hereby amended to add Paragraphs 3.3.E and 3.3F, which shall state the following: (00195519.2106-9905263) E. District Energy Plant Fee. E21, Real Estate Solutions, LLC will perform the District Energy Plant Design Services, for a not to exceed amount of Three Hundred Seven Thousand and 001100 Dollars ($307,000.00) (the "District Energy Plant Fee"). The District Energy Plant Fee will be full compensation for all District Energy Plant Design Services performed by E21, pursuant to this Agreement. The District Energy Plant Fee will be earned and payable, including any third party expenses incurred by EM for the benefit of the Development, in accordance with the Detailed Fee Schedule for District Energy Plant Services included in Exhibit "C", which is attached hereto and incorporated herein by reference. The City will issue payment directly to E2L for work performed for the District Energy Plant Design Services. F. Water, Sewer, Reused Water, and Stormwater Infrastructure Fee. Haskell will perform the Water, Sewer, Reused Water, and Stormwater Infrastructure Design Services ("Utility Infrastructure Design Services"), for a not to exceed amount of Sixty-nine Thousandand 00/100 Dollars ($69,000.00) (the "Utility Infrastructure Fee"). The Utility Infrastructure Fee will be full compensation for all Utility Infrastructure Design Services performed by Haskell pursuant to this Agreement. The Utility Infrastructure Fee will be earned and payable, including any third party expenses incurred by Haskell for the benefit of the Development, in accordance with the Detailed Fee Schedule for Utility Infrastructure Design Services included in Exhibit "C", which is attached hereto and incorporated herein by reference. The City Page 2 of 5 Page 108 of 334 will issue payment directly to EM for work performed for the Utility Infrastructure Design Services. SECTION 5. That the Pre -Development Schedule, which is attached to the Agreement as Exhibit "B", is hereby amended to include the District Energy Plant and the water, sewer, reuse, and stormwater infrastructure improvements to be provided by Company. A copy of the amended Exhibit "B" to the Agreement is attached to this Amendment, and incorporated herein by reference. SECTION 6. That the Detailed Fee Schedule for Phase 1 Services which is attached to the Agreement as Exhibit "C", is hereby amended to include the District Energy Plant and the water, sewer, reuse, and stormwater infrastructure improvements to be provided by Company. A copy of the amended Exhibit "C" to the Agreement is attached to this Amendment, and incorporated herein by reference. SECTION 7. The Parties agree that in all other respects the Agreement shall remain in full force and effect, except as specifically modified by this First Amendment. In the event of any conflict between the Agreement and this First Amendment, the terms of this First Amendment shall control. THE REST OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK. � 001955 M 2 306-9905263) Page 3 of 5 Page 109 of 334 IN WITNESS WHEREOF, the City has caused this First Amendment to be duly executed in its name and behalf and the Company has caused this First Amendment to be duly executed in its name and behalf on the dates set forth below. CITY OF BOYNTON BEACH, FLORIDA BY: ATTEST: STEVEN B. GRANT, MAYOR City Attorney (00195519.2306-9905263} Page 4of5 Page 110 of 334 {00195519.2306-9905261) Date: 1000 Page 5 of 5 Page 111 of 334 CONSENTAGENDA 10/3/2017 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R17-090 - Authorize the City Manager to sign a service agreement extension with Motorola, Inc. in the amount of $3,042.74 for the continued maintenance and repair of existing radio telecommunications systems as a sole source vendor for the time period October 1, 2017 thru November 30, 2017. EXPLANATION OF REQUEST: Extension Time Period: October 1, 2017 - November 30, 2017 The City maintains a radio telecommunications system that provides the Police Department, Fire/Rescue Department and other local government entities with radio communications. The Motorola Company manufactured and installed our current system which consists of computer consoles, portable radios, antennas and operational readiness. The City has had a relationship with Motorola spanning over 25 plus years and this request is for a maintenance agreement extension for Motorola to provide monitoring and diagnostic services along with the replacement or repair of any defects to the infrastructure, computer equipment, and radio repair and updates required. The contract extension referenced above is for equipment owned by the City that was purchased before the P25 upgrade, and therefore not part of the 1 year warranty associated with the upgrade. Upon completion of this agreement (11/30/2017), this equipment will fall under a single service agreement with the rest of the radio equipment. While Motorola has the option to subcontract radio maintenance to an authorized Motorola subcontractor, the Communications infrastructure (consoles, repeaters, etc.) are serviced and maintained by Motorola directly. Authorized subcontractors of Motorola (i.e. Control Communications) will not contract with entities directly as their work orders are routed through Motorola HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This service agreement ensures that public safety and relevant local government entities can maintain radio communications which is critical to the provision of services to the community. FISCAL IMPACT: Budgeted Budgeted Funds have been included in the FY 2017/18 Proposed Budget in line item 001-2112-521.46-24. ALTERNATIVES: None STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 112 of 334 Is this a grant? No Grant Amount: CONTRACTS VENDOR NAME: Motorola Solutions START DATE: 10/1/2017 END DATE: 11/30/2017 CONTRACT VALUE: $3,042.74 MINORITYOWNED CONTRACTOR?: No EXTENSION AVAILABLE?: EXTENSION EXPLANATION: ATTACHMENTS: Type rhillilliffffITIONINTOW, 17 Description Resolution approxAng ser\Ace agreement extension with Motorola Motorola Contract Extension Page 113 of 334 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 AND AUTHORIZING THE CITY MANAGER TO SIGN A SERVICE AGREEMENT EXTENSION WITH MOTOROLA, INC., IN THE AMOUNT OF $3042.74 FOR THE CONTINUED MAINTENANCE AND REPAIR OF EXISTING RADIO TELECOMMUNICATIONS SYSTEMS AS A SOLE SOURCE VENDOR FOR THE PERIOD OCTOBER 1, 2017 THROUGH NOVEMBER 30, 2017; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City maintains a radio telecommunications system that provides the Police Department, Fire Rescue Department and other local government entities with radio communications; and WHEREAS, Motorola, Inc., manufactured and installed our current system which consists of computer consoles, portable radios, antennas and operational readiness; and WHEREAS, the contract extension referenced above is for equipment owned by the City that was purchased before the P25 upgrade, and therefore not part of the 1 year warranty associated with the upgrade; and WHEREAS, upon completion of this agreement extension the equipment will fall under a single service agreement with the remainder of the radio equipment; and WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the recommendation of staff, deems it to be in the best interests of the City residents to enter into a Service Agreement extension with Motorola, Inc., for the continued maintenance and repair of existing radio telecommunications systems for the period of October 1, 2017 through November 30, 2017. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF CAProgram Files (x86)\neevia.com\docConverterPro\temp\NVDC\8C7EC01A-6E55-4543-A9E5-D8B6E7AC8F99\Boynton Beach.6924.1.Moto rola—Se rvice_Agr_Exte nsion_(2_months)_ _Reso.doc Page 114 of 334 30 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 31 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 32 being true and correct and are hereby made a specific part of this Resolution upon adoption 33 hereof. 34 Section 2. The City Commission of the City of Boynton Beach, Florida hereby 35 approves the Service Agreement Extension for the continued maintenance and repair of 36 existing radio telecommunications systems as a sole source for the period of October 1, 2017 37 through November 30, 2017 in the amount of $3042.74. 38 Section 3. The City Manager is authorized to sign the Service Agreement 39 extension, a copy of which is attached hereto as Exhibit "A." 40 Section 4. This Resolution shall become effective immediately upon passage. 41 PASSED AND ADOPTED this day of 2017. 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 CITY OF BOYNTON BEACH, FLORIDA YES NO 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 CAProgram Files (x86)\neevia.com\docConverterPro\temp\NVDC\8C7EC01A-6E55-4543-A9E5-D8B6E7AC8F99\Boynton Beach.6924.1.Moto rola—Se rvice_Agr_Exte nsion_(2_months)_ _Reso.doc Page 115 of 334 ift V MOrOROLA Attn: National Service Support/4th fl 1301 East Algonquin Road (800) 247-2346 Date: 01/23/2017 SERVICES AGREEMENT Contract Number: S00001000428 Contract Modifier: RN20-JAN-17 08:59:21 Company Name: Boynton Beach, City Of MODEL/OPTION Required P.O.: No Attn: Customer # : 1000303040 Billing Address: 100 E Boynton Beach Blvd AMT Bill to Tag #: 0001 City, State, Zip: Boynton Beach,FL,33435 $1,521.37 Contract Start Date: 10/01/2017 Customer Contact: Contract End Date: 11/30/2017 Phone: Anniversary Day: Sep 30th Services Payment Cycle: MONTHLY PO#: $1,521.37 QTY MODEL/OPTION SERVICES DESCRIPTION MONTHLY EXTENDED EXT AMT Total Services $1,521.37 $3,042.74 SPECIAL INSTRUCTIONS - ATTACH Subtotal - Recurring Services STATEMENT OF WORK FOR PERFORMANCE DESCRIPTIONS Subtotal - One -Time Event Services Total $1,521.37 $3,042.74 Taxes - - MAINTENANCE CONTRACT INCLUDES THE FOLLOWING SERVICE PRODUCTS: Grand Total $1 521.37 $3 042.74 THIS SERVICE AMOUNT IS SUBJECT TO STATE AND LOCAL TAXING DISPATCHING, TECHNICAL SUPPORT, NETWORK MONITORING, INFRASTRUCTURE JURISDICTIONS WHERE APPLICABLE, TO BE VERIFIED BY MOTOROLA. REPAIR WITH ADVANCED REPLACEMENT, ON SITE INFRASTRUCTURE RESPONSE, LOCAL RADIO COMBO PACKAGE, SECURITY MONITORING AND SECURITY UPDATE SERVICE FOR 5 MCC7500 CONSOLES AND 5 APX6500 MOBILES. "'The prices quoted via this service contract renewal are valid only until expiration of the current service contract. If Customer does not provide to MSI a valid, executed contract renewal within 30 days of contract expiration a one-time administrative fee equal to 5% of the subsequent years annual contract rate will be billed to the Customer upon reestablishment of the expired service contract. Pricing on the 5% Administration fee once delinquent = $913.00— Subcontractor(s) City State MOTOROLA SOUTH FLORIDA FSO PLANTATIO FL N MOTOROLA SYSTEM SUPPORT CENTER ELGIN IL MOTOROLA SSC NETWORK SECURITY SCHAUMBU IL D0298 RG MOTOROLA SYSTEM SUPPORT SCHAUMBU IL CENTER -NETWORK MGMT D0067 RG MOTOROLA SYSTEM SUPPORT CTR -CALL SCHAUMBU IL CENTER D0066 RG MOTOROLA SYSTEM SCHAUMBU IL SUPPORT -TECHNICAL SUPPORT D0068 RG Page 1116 of 334 I received Statements of Work that describe the services provided on this Agreement. Motorola's Service Terms and Conditions, a copy of which is attached to this Service Agreement, is incorporated herein by this reference. AUTHORIZED CUSTOMER SIGNATURE TITLE DATE CUSTOMER (PRINT NAME) MOTOROLA REPRESENTATIVE(SIGNATURE) TITLE DATE Cindee Markes 954-723-4718 MOTOROLA REPRESENTATIVE(PRINT NAME) PHONE Company Name: Boynton Beach, City Of Contract Number: S00001000428 Contract Modifier: RN20-JAN-17 08:59:21 Contract Start Date: 10/01/2017 Contract End Date: 11/30/2017 Page 1217 of 334 Customer: Boynton Beach, City of Contract #: S00001000428 Effective: 10/1/2017 (2 month extension) (qty Equipment Description 5 MCC7500 consoles 4 APX6500 / M25URS9PW1AN for Fire Rescue 527CRHO812 527CRHO813 527CQK2029 527CRR1426 Page 118 of 334 Service Terms and Conditions Motorola Solutions, Inc., through its Commercial, Government, and Industrial Solutions Sector ("Motorola"), and the customer named in this Agreement ("Customer"), hereby agree as follows: Section 1 APPLICABILITY These Service Terms and Conditions apply to service contracts whereby Motorola agrees to provide to Customer either (1) maintenance, support and/or other services under a Motorola Service Agreement, or (2) installation services under a Motorola Installation Agreement. Section 2 DEFINITIONS AND INTERPRETATION 2.1. "Agreement" means these Service Terms and Conditions; the cover page for the Service Agreement or the Installation Agreement, as applicable; and any other attachments, all of which are incorporated herein by this reference. In interpreting this Agreement and resolving any ambiguities, these Service Terms and Conditions will take precedence over any cover page, and the cover page will take precedence over any attachments, unless the cover page or attachment specifically states otherwise. 2.2. "Equipment" means the equipment that is specified in the attachments or is subsequently added to this Agreement. 2.3. "Services" means those installation, maintenance, support, training, and other services described in this Agreement. Section 3 ACCEPTANCE Customer accepts these Service Terms and Conditions and agrees to pay the prices set forth in the Agreement. This Agreement will become binding only when accepted in writing by Motorola. The term of this Agreement will begin on the "Start Date" indicated in this Agreement. Section 4 SCOPE OF SERVICES 4.1. Motorola will provide the Services described in this Agreement or in a more detailed statement of work or other document attached to this Agreement. At Customer's request, Motorola may also provide additional services at Motorola's then -applicable rates for such services. 4.2. If Motorola is providing Services for Equipment, Motorola parts or parts of equal quality will be used; the Equipment will be serviced at levels set forth in the manufacturer's product manuals; and routine service procedures that are prescribed by Motorola will be followed. 4.3. If Customer purchases from Motorola additional equipment that becomes part of the same system as the initial Equipment, the additional equipment may be added to this Agreement and will be billed at the applicable rates after the warranty for such additional equipment expires. 4.4. All Equipment must be in good working order on the Start Date or when additional equipment is added to the Agreement. Upon reasonable request by Motorola, Customer will provide a complete serial and model number list of the Equipment. Customer must promptly notify Motorola in writing when any Equipment is lost, damaged, stolen or taken out of service. Customer's obligation to pay Service fees for such Equipment will terminate at the end of the month in which Motorola receives such written notice. 4.5. Customer must specifically identify any Equipment that is labeled intrinsically safe for use in hazardous environments. 4 Page 119 of 334 4.6. If Equipment cannot, in Motorola's reasonable opinion, be properly or economically serviced for any reason, Motorola may modify the scope of Services related to such Equipment; remove such Equipment from the Agreement; or increase the price to Service such Equipment. 4.7. Customer must promptly notify Motorola of any Equipment failure. Motorola will respond to Customer's notification in a manner consistent with the level of Service purchased as indicated in this Agreement. Section 5 EXCLUDED SERVICES 5.1. Service excludes the repair or replacement of Equipment that has become defective or damaged from use in other than the normal, customary, intended, and authorized manner; use not in compliance with applicable industry standards; excessive wear and tear; or accident, liquids, power surges, neglect, acts of God or other force majeure events. 5.2. Unless specifically included in this Agreement, Service excludes items that are consumed in the normal operation of the Equipment, such as batteries or magnetic tapes.; upgrading or reprogramming Equipment; accessories, belt clips, battery chargers, custom or special products, modified units, or software; and repair or maintenance of any transmission line, antenna, microwave equipment, tower or tower lighting, duplexer, combiner, or multicoupler. Motorola has no obligations for any transmission medium, such as telephone lines, computer networks, the internet or the worldwide web, or for Equipment malfunction caused by such transmission medium. Section 6 TIME AND PLACE OF SERVICE Service will be provided at the location specified in this Agreement. When Motorola performs service at Customer's location, Customer will provide Motorola, at no charge, a non -hazardous work environment with adequate shelter, heat, light, and power and with full and free access to the Equipment. Waivers of liability from Motorola or its subcontractors will not be imposed as a site access requirement. Customer will provide all information pertaining to the hardware and software elements of any system with which the Equipment is interfacing so that Motorola may perform its Services. Unless otherwise stated in this Agreement, the hours of Service will be 8:30 a.m. to 4:30 p.m., local time, excluding weekends and holidays. Unless otherwise stated in this Agreement, the price for the Services exclude any charges or expenses associated with helicopter or other unusual access requirements; if these charges or expenses are reasonably incurred by Motorola in rendering the Services, Customer agrees to reimburse Motorola for such charges and expenses. Section 7 CUSTOMER CONTACT Customer will provide Motorola with designated points of contact (list of names and phone numbers) that will be available twenty-four (24) hours per day, seven (7) days per week, and an escalation procedure to enable Customer's personnel to maintain contact, as needed, with Motorola. Section 8 PAYMENT Unless alternative payment terms are specifically stated in this Agreement, Motorola will invoice Customer in advance for each payment period. All other charges will be billed monthly, and Customer must pay each invoice in U.S. dollars within twenty (20) days of the invoice date. Customer agrees to reimburse Motorola for all property taxes, sales and use taxes, excise taxes, and other taxes or assessments levied as a result of Services rendered under this Agreement (except income, profit, and franchise taxes of Motorola) by any governmental entity. Page ' 20 of 334 Section 9 WARRANTY Motorola warrants that its Services under this Agreement will be free of defects in materials and workmanship for a period of ninety (90) days from the date the performance of the Services are completed. In the event of a breach of this warranty, Customer's sole remedy is to require Motorola to re- perform the non -conforming Service or to refund, on a pro -rata basis, the fees paid for the non- conforming Service. MOTOROLA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Section 10 DEFAULT/TERMINATION 10.1. If either party defaults in the performance of this Agreement, the other party will give to the non- performing party a written and detailed notice of the default. The non-performing party will have thirty (30) days thereafter to provide a written plan to cure the default that is acceptable to the other party and begin implementing the cure plan immediately after plan approval. If the non-performing party fails to provide or implement the cure plan, then the injured party, in addition to any other rights available to it under law, may immediately terminate this Agreement effective upon giving a written notice of termination to the defaulting party. 10.2. Any termination of this Agreement will not relieve either party of obligations previously incurred pursuant to this Agreement, including payments which may be due and owing at the time of termination. All sums owed by Customer to Motorola will become due and payable immediately upon termination of this Agreement. Upon the effective date of termination, Motorola will have no further obligation to provide Services. Section 11 LIMITATION OF LIABILITY This limitation of liability provision shall apply notwithstanding any contrary provision in this Agreement. Except for personal injury or death, Motorola's total liability, whether for breach of contract, warranty, negligence, strict liability in tort, or otherwise, will be limited to the direct damages recoverable under law, but not to exceed the price of twelve (12) months of Service provided under this Agreement. ALTHOUGH THE PARTIES ACKNOWLEDGE THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, THEY AGREE THAT MOTOROLA WILL NOT BE LIABLE FOR ANY COMMERCIAL LOSS; INCONVENIENCE; LOSS OF USE, TIME, DATA, GOOD WILL, REVENUES, PROFITS OR SAVINGS; OR OTHER SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO OR ARISING FROM THIS AGREEMENT OR THE PERFORMANCE OF SERVICES BY MOTOROLA PURSUANT TO THIS AGREEMENT. No action for breach of this Agreement or otherwise relating to the transactions contemplated by this Agreement may be brought more than one (1) year after the accrual of such cause of action, except for money due upon an open account. This limitation of liability will survive the expiration or termination of this Agreement. Section 12 EXCLUSIVE TERMS AND CONDITIONS 12.1. This Agreement supersedes all prior and concurrent agreements and understandings between the parties, whether written or oral, related to the Services, and there are no agreements or representations concerning the subject matter of this Agreement except for those expressed herein. The Agreement may not be amended or modified except by a written agreement signed by authorized representatives of both parties. 12.2. Customer agrees to reference this Agreement on any purchase order issued in furtherance of this Agreement, however, an omission of the reference to this Agreement shall not affect its applicability. In no event shall either party be bound by any terms contained in a Customer purchase order, acknowledgement, or other writings unless: (i) such purchase order, acknowledgement, or other writings specifically refer to this Agreement; (ii) clearly indicate the intention of both parties to override and modify Page f21 of 334 this Agreement; and (iii) such purchase order, acknowledgement, or other writings are signed by authorized representatives of both parties. Section 13 PROPRIETARY INFORMATION; CONFIDENTIALITY; INTELLECTUAL PROPERTY RIGHTS 13.1. Any information or data in the form of specifications, drawings, reprints, technical information or otherwise furnished to Customer under this Agreement will remain Motorola's property, will be deemed proprietary, will be kept confidential, and will be promptly returned at Motorola's request. Customer may not disclose, without Motorola's written permission or as required by law, any such information or data to any person, or use such information or data itself for any purpose other than performing its obligations under this Agreement. The obligations set forth in this Section will survive the expiration or termination of this Agreement. 13.2. Unless otherwise agreed in writing, no commercial, financial or technical information disclosed in any manner or at any time by Customer to Motorola will be deemed secret or confidential. Motorola will have no obligation to provide Customer with access to its confidential and proprietary information, including cost and pricing data. 13.3. This Agreement does not grant directly or by implication, estoppel, or otherwise, any ownership right or license under any Motorola patent, copyright, trade secret, or other intellectual property including any intellectual property created as a result of or related to the Equipment sold or Services performed under this Agreement. Section 14 FCC LICENSES AND OTHER AUTHORIZATIONS Customer is solely responsible for obtaining licenses or other authorizations required by the Federal Communications Commission or any other federal, state, or local government agency and for complying with all rules and regulations required by such agencies. Neither Motorola nor any of its employees is an agent or representative of Customer in any governmental matters. Section 15 COVENANT NOT TO EMPLOY During the term of this Agreement and continuing for a period of two (2) years thereafter, Customer will not hire, engage on contract, solicit the employment of, or recommend employment to any third party of any employee of Motorola or its subcontractors without the prior written authorization of Motorola. This provision applies only to those employees of Motorola or its subcontractors who are responsible for rendering services under this Agreement. If this provision is found to be overly broad under applicable law, it shall be modified as necessary to conform to such law. Section 16 MATERIALS, TOOLS AND EQUIPMENT All tools, equipment, dies, gauges, models, drawings or other materials paid for or furnished by Motorola for the purpose of this Agreement will be and remain the sole property of Motorola. Customer will safeguard all such property while it is in Customer's custody or control, be liable for any loss or damage to such property, and return it to Motorola upon request. Such property will be held by Customer for Motorola's use without charge and may be removed from Customer's premises by Motorola at any time without restriction. Section 17 GENERAL TERMS 17.1. If any court renders any portion of this Agreement unenforceable, the remaining terms will continue in full force and effect. 7 Page 122 of 334 17.2. This Agreement and the rights and duties of the parties will be governed and interpreted in accordance with the laws of the State in which the Services are performed. 17.3. Failure to exercise any right will not operate as a waiver of that right, power, or privilege. 17.4. Neither party is liable for delays or lack of performance resulting from any causes such as strikes, material shortages, or acts of God that are beyond that party's reasonable control. 17.5. Motorola may assign its rights and obligations, and may subcontract any portion of its performance, under this Agreement. 17.6. THIS AGREEMENT WILL RENEW, FOR AN ADDITIONAL ONE (1) YEAR TERM, ON EVERY ANNIVERSARY OF THE START DATE UNLESS EITHER THE COVER PAGE SPECIFICALLY STATES A TERMINATION DATE OR ONE PARTY NOTIFIES THE OTHER IN WRITING OF ITS INTENTION TO DISCONTINUE THE AGREEMENT NOT LESS THAN THIRTY (30) DAYS OF THAT ANNIVERSARY DATE. At the anniversary date, Motorola may adjust the price of the Services to reflect its current rates. In the event of a price adjustment, the City shall have the right to cancel the Agreement by providing written notice to Motorola. 17.7. If Motorola provides Services after the termination or expiration of this Agreement, the terms and conditions in effect at the time of the termination or expiration will apply to those Services and Customer agrees to pay for such services on a time and materials basis at Motorola's then effective hourly rates. Page P23 of 334 MO'rOROLA SOLUTIONS Statement of Work Network Monitoring, Onsite Infrastructure Response and Dispatch Service Motorola will provide Network Monitoring, Dispatch Service and OnSite Infrastructure Response services to the Customer. These services are applicable only for the following system types: ASTRO®, ASTRO® 25, ARC 4000, SmartZone®/OmniLink® v2.0.3 and higher, SmartNet®, Private Data (with a wireless network gateway) v2.0.3 and higher, and Hannony® Wireless Communications System. The terns of this Statement of Work (SOW) are an integral part of the Motorola Service Terns and Conditions or other applicable Agreement(s) with the Customer to which this SOW is appended and made a part thereof by this reference. 1.0 Description of Services Network Monitoring is a service designed to electronically monitor Elements of a Communication System for Events, as set forth in the Monitored Elements Table. When the Motorola System Support Center (SSC) detects an Event, trained technologists acknowledge and remotely diagnose the Event and initiate an appropriate response per the customer profile. Appropriate responses could include, but are not limited to, continuing to monitor the Event for further development transferring the Event to Technical Support, or opening a Case for dispatch of a Servicer. If dispatched, the Servicer will respond at the Customer location based on pre -defined Severity Levels set forth in the Severity Definitions Table and Response times set forth in the On -Site Response Time Table in order to Restore the System. Motorola will provide Case management as set forth herein. The SSC maintains contact with the on-site Servicer until System Restoral occurs and Case is closed. The SSC will continuously track and manage Case activity from open to close through an automated Case tracking process. 2.0 Motorola Responsibilities: 2.1 Provide dedicated Connectivity through a private network connection necessary for monitoring ASTRO and ASTR025, SmartZone/ OmniLink, Private Data, and Hannony Wireless Coimmunications network types.The Connectivity Matrix set forth in Appendix 1, further describes the Connectivity options. 2.2 If detennined necessary by Motorola, provide Motorola owned equipment for monitoring ASTRO and ASTRO 25 System elements. If Motorola installs or replaces Motorola owned equipment, the type equipment and location installed is listed in the Motorola Owned & Supplied Equipment Table. 2.3 If detennined necessary by Motorola, provide Motorola owned equipment for monitoring SmartNet System elements. If Motorola installs or replaces Motorola owned equipment, the type of equipment and location installed is listed in the Motorola Owned & Supplied Equipment Table. 2.4 Verify Connectivity and Event monitoring prior to System Acceptance or Start Date. 2.5 Continuously receive data from Customer monitored System and Customer initiated service requests. 2.6 Remotely access the Customer's System to perform remote diagnostics as pennitted by Customer pursuant to section 3.1 2.7 Create a Case as necessary when service requests are received. Gather information to perform the following: 2.7.1 Characterize the issue 2.7.2 Detennine a plan of action 2.7.3 Assign and track the Case to resolution. 2.8 Dispatch a Servicer, as required, by Motorola standard procedures and provide necessary Case information collected in section 2.7 2.9 Ensure the required personnel have access to Customer information as needed. 2.10 Disable and enable System devices, as necessary, for Servicers. 2.11 Servicer will perform the following on-site: 2.11.1 Run diagnostics on the Infrastructure or FRU. 2.11.2 Replace defective Infrastructure or FRU, as applicable. Customer, Servicer or Motorola may provide Infrastructure or FRU. 2.11.3 Provide materials, tools, documentation, physical planning manuals, diagnostic/test equipment and any other requirements necessary to perform the Maintenance service. 2.11.4 If a third party Vendor is needed to restore the System, the Servicer may accompany that Vendor onto the Customer's premises. Page ?24 of 334 2.12 Verify with Customer that Restoration is complete or System is functional, if required by Customer's repair Verification preference described in the Customer Support Plan required by section 3.5. If Verification by Customer cannot be completed within 20 minutes of Restoration, the Case will be closed and the Servicer will be released. 2.13 Escalate the Case to the appropriate party upon expiration of a Response time. 2.14 Close the Case upon receiving notification from Customer or Servicer, indicating the Case is resolved. 2.15 Notify Customer of Case Status, as described in the Customer Support Plan required be section 3.5 at the following Case levels 2.15.1 Open and closed; or 2.15.2 Open, assigned to the Servicer, arrival of the Servicer on site, deferred or delayed, closed. 2.16 Provide the following reports, as applicable: 2.16.1 Case activity reports to Customer. 2.16.2 Network Monitoring Service reports for Customer System(s). 2.16.3 Network Activity/Availability Reports for ASTRO25, SmartZone/ OmniLink, and Private Data Systems only. 2.17 Respond in accordance to pre -defined Response times upon receipt from Customer of Customer managed passwords required for proper access to the Customer's System. 2.18 Apply additional support charges above and beyond the contracted service agreements that may apply if it is detennined that System faults were caused by the Customer making changes to critical System parameters. 3.0 Customer Responsibilities: 3.1 Allow Motorola Continuous remote access to obtain System availability and performance data. 3.2 Allow Motorola to access System if firewall has been installed; provide pennanent/dedicated access for SNMP traps (outbound) and ZDS polling (inbound). Also provide continuous utility service to any Motorola equipment installed or utilized at Customer's premises to support delivery of the Service. 3.3 Order and maintain dedicated dial-up phone lines for telephone service for SMARTNET System types. The Connectivity Matrix set forth in Appendix 1, further describes the Connectivity options. 3.4 Unless otherwise specified, Motorola recommends a private network connection for all other Systems. The Connectivity Matrix set forth in Appendix 1, further describes the Connectivity options. 3.5 Provide Motorola with pre -defined Customer information and preferences prior to Start Date necessary to complete Customer Support Plan. 3.5.1 Case notification preferences and procedure 3.5.2 Repair Verification Preference and procedure 3.5.3 Database and escalation procedure fonns. 3.5.4 Submit changes in any information supplied in the Customer Support Plan to the Customer Support Manager. 3.6 Provide the following information when initiating a service request: 3.6.1 Assigned System ID nmmber 3.6.2 Problem description and site location 3.6.2 Other pertinent information requested by Motorola to open a Case. 3.7 Notify the System Support Center when Customer perforans any activity that impacts the System. (Activity that impacts the System may include, but is not limited to, installing software or hardware upgrades, perfonning upgrades to the network, or taking down part of the system to perfonm maintenance.) 3.8 Allow Servicers access to Equipment (including any Connectivity or monitoring equipment) if remote service is not possible. 3.9 Allow Servicers access to remove Motorola owned monitoring equipment upon cancellation of service. 3.10 Supply Infrastructure or FRU, as applicable, in order for Motorola to Restore the System as set forth in paragraph 2.12.2 3.11 Maintain and store in an easy accessible location any and all Software needed to Restore the System. 3.12 Maintain and store in an easily accessible location proper System backups. 3.13 Verify with the SSC that Restoration is complete or System is functional, if required by the Repair Verification Preference provided by Customer in accordance with section 3.5. 3.14 Pay additional support charges above and beyond the contracted service agreements that may apply if it is detennined that System faults were caused by the Customer making changes to critical System parameters 3.15 Cooperate with Motorola and perforin all acts that are reasonable or necessary to enable Motorola to provide the services described in this SOW. X Page 125 of 334 Severity Definitions Table 'e��ritytL�el Pir�ableni T"�pi~� t Severity 1 1. Response is provided Continuously Severity 2 2. Major System failure 8 Hours 3. 33% of System down Motorola 4. 33% of Site channels down 256K 5. Site Environment alanns (smoke, access, temp, AC power) as detennined by the SSC. Severity 3 6. This level is meant to represent a major issue that results in an unusable system, 48 Hours sub -system, Product, or critical features from the Customer's perspective. No Tl or VPN Work -around or immediate solution is available. Severity 2 1. Response during Standard Business Day Motorola 2. Significant System hnpainnent not to exceed 33% of system down 3. System problems presently being monitored 4. This level is meant to represent a moderate issue that limits a Customer's nonnal use of the system, sub -system, product, or major non-critical features from a Customer's perspective Severity 3 1. Response during Standard Business Day 2. Intennittent system issues 3. Information questions 4. Upgrades/preventative maintenance 5. This level is meant to represent a minor issue that does not preclude use of the system, sub -system, product, or critical features from a Customer's perspective. It may also represent a cosmetic issue, including documentation errors, general usage questions, reconnmendations for product enhancements ori modifications, and scheduled events such as preventative maintenance or product/system upgrades. On -Site Response Time Table (Customer's Response Time Classification is designated in the Service Severity 1 Within 2 hours from receipt of Notification Continuously 8 Hours Time provided by Servicer * Severity 2 Within 4 hours from receipt of Notification 8 Hours Time provided Motorola Standard Business Day 256K by Servicer * Severity 3 Within 24 hours from receipt of Notification 48 Hours Time provided Tl or VPN Standard Business Day Hannony by Servicer * Please note these are Standard Commitment tunes. The coni nitinent times should be based on the Customers Support Plan. Provide update before the specific contractual commitments come due. * Note: Provide update to System Support Center before Deferral time comes due. Appendix 1 Matrix Astro 25 Tl Motorola SmartZone/OmniLink v3.5 and below 256K Motorola SmartZone/OmniLink v4 and above 512K Motorola Private Data 256K Motorola ARC 4000 Tl or VPN Motorola MESH Tl or VPN Motorola Hannony Tl Motorola Page 11126 of 334 MotoBridge Tl or VPN Motorola SmartNet Dial-up Customer Standard solution for real time Connectivity Dedicated bandwidth configuration provided to monitor Customers Protected from unauthorized intrusion Encryption available Connectivity available through Motorola Non Standard solution for Connectivity No dedicated bandwidth provided to monitor Customers Low risk of unauthorized intrusion Encryption is required Customer provides Connectivity to the internet via an internet service provider selected by Customer. Wotorola Owned & Supplied Equipment Table E"uiprient y'pe Lea�ia�'�nst��l�d Firewall/Router Master Site System Support Server Master Site for each Zone Monitored Elements Table (Listed by technology) .I,e�rCf11pproiu1 Sepreinher %til0 Page'h7 of 334 Statement of Work Infrastructure Repair with Advanced Replacement 1.0 Description of Services Infrastructure Repair with Advanced Replacement is a repair service for Motorola and select third party Infrastructure as set forth in the applicable attached Exhibit(s), all of which are hereby incorporated into this Statement of Work (SOW) by this reference. Infrastructure may be repaired down to the Component level, as applicable, at the Motorola Infrastructure Depot Operations (IDO). At Motorola's discretion, select third party Infrastructure may be sent to the original equipment manufacturer or third party vendor for repair. If Infrastructure is no longer supported by the original equipment manufacturer or third party vendor, Motorola may replace Infrastructure with similar Infrastructure, when possible. When available, Motorola will provide Customer with an Advanced Replacement unit(s) or FRU(s) in exchange for Customer's malfunctioning FRU(s). Non-standard configurations, Customer -modified Infrastructure and certain third party Infrastructure are excluded from Advanced Replacement service. Malfunctioning FRU (s) will be evaluated and repaired by IDO and returned to IDO FRU inventory upon completion of repair. The teens and conditions of this SOW are an integral part of Motorola's Service Teens and Conditions or other applicable agreement to which it is attached and made a part thereof by this reference. 2.0 Motorola has the following responsibilities: 2.1. Use commercially reasonable efforts to maintain an inventory of FRU. 2.2. Provide new or reconditioned units as FRU to Customer or Servicer, upon request and subject to availability. The FRU will be of similar kit and version, and will contain like boards and chips, as the Customer's malfunctioning Infrastructure. 2.3. Program FRU to original operating parameters based on templates provided by Customer as required in Section 3.5. If Customer template is not provided or is not reasonably usable, a standard default template will be used. 2.4. Properly package and ship Advanced Replacement FRU from IDO or select third party FRU inventory to Customer specified address. 2.4.1. During nonnal operating hours of Monday through Friday 7:OOain to 7:OOpm CST, excluding holidays, FRU will be sent next day air via Federal Express Priority Overnight or UPS Red, unless otherwise requested. Select third party FRU may ship second day air via Federal Express Priority Overnight or UPS red as noted in the attached exhibit(s). Motorola will pay for such shipping, unless Customer requests shipments outside of the above mentioned standard business hours and/or carrier programs, such as NFO (next flight out). In such cases, Customer will be subject to shipping and handling charges. 2.4.2. When sending the Advanced Replacement FRU to Customer, provide a return air bill in order for Customer to return the Customer's malfunctioning FRU. The Customer's malfunctioning FRU will become property of IDO or select third party and the Customer will own the Advanced Replacement FRU. 2.4.3. When sending a Loaner FRU to Customer, IDO will not provide a return air bill for the malfunctioning Infrastructure. The Customer is responsible to arrange and pay for shipping the malfunctioning Infrastructure to IDO. IDO will repair and return the Customer's Infrastructure and will provide a return air bill for the customer to return IDO's Loaner FRU. 2.5. Provide repair return authorization number upon Customer request for Infrastructure that is not classified as an Advanced Replacement or Loaner FRU. 2.6. Receive malfunctioning Infrastructure from Customer and document its arrival, repair and return. 2.7. Perforin the following service on Motorola Infrastructure: 2.7.1. Perforin an operational check on the Infrastructure to detennine the nature of the problem. 2.7.2. Replace malfunctioning FRU or Components. 2.7.3. Verify that Motorola Infrastructure is returned to Motorola manufactured specifications, as applicable 2.7.4. Perforin a Box Unit Test on all serviced Infrastructure. 2.7.5. Perforin a System Test on select Infrastructure. Page'h8 of 334 2.8. Provide the following service on select third party Infrastructure: 2.8.1. Perforin pre -diagnostic and repair services to confine Infrastructure malfunction and eliminate sending Infrastructure with no trouble found (NTF) to third parry vendor for repair, when applicable. 2.8.2. Ship malfunctioning Infrastructure to the original equipment manufacturer or third parry vendor for repair service, when applicable. 2.8.3. Track Infrastructure sent to the original equipment manufacturer or third parry vendor for service. 2.8.4. Perforin a post-test after repair by Motorola, original equipment manufacturer, or third party vendor to confinn malfunctioning Infrastructure has been repaired and functions properly in a Motorola System configuration, when applicable. 2.9. Re-prograin repaired Infrastructure to original operating parameters based on templates provided by Customer as required by Section 3.5. If Customer template is not provided or is not reasonably usable, a standard default template will be used. If IDO detennines that the malfunctioning Infrastructure is due to a Software defect, IDO reserves the right to reload Infrastructure with a similar Software version. Enhancement Release(s), if needed, are subject to additional charges to be paid by Customer unless the Customer has a Motorola Software Subscription agreement. 2.10. Properly package repaired Infrastructure unless Customer's malfunctioning FRU was exchanged with an IDO FRU. Motorola will return Customer's FRU(s) to IDO's FRU inventory, upon completion of repair. 2.11. Ship repaired Infrastructure to the Customer specified address during nonnal operating hours set forth in 2.4.1. FRU will be sent two-day air unless otherwise requested. Motorola will pay for such shipping, unless Customer requests shipments outside of the above mentioned standard business hours and/or carrier programs, such as NFO (next flight out). In such cases, Customer will be subject to shipping and handling charges. 3.0 Customer has the following responsibilities: 3.1. Contact or instruct Servicer to contact the Motorola System Support Center (SSC) and request an Advanced Replacement, or Loaner FRU and a return authorization nu ober (necessary for all non - Advanced Replacement repairs) prior to shipping malfunctioning Infrastructure or third party Infrastructure named in the applicable attached Exhibit. 3.1.1. Provide model description, model number, serial number, type of System and Firmware version, symptom of problem and address of site location for FRU or Infrastructure. 3.1.2. Indicate if Infrastructure or third party Infrastructure being sent in for service was subjected to physical damage or lightning damage. 3.1.3. Follow Motorola instructions regarding inclusion or removal of Finmware and Software applications from Infrastructure being sent in for service. 3.1.4. Provide Customer purchase order nmmber to secure payment for any costs described herein. 3.2 Pay for shipping of Advanced Replacement or Loaner FRU from IDO if Customer requested shipping outside of standard business hours or carrier programs set forth in section 2.4.1. 3.3 Within five (5) days of receipt of the Advanced Replacement FRU from IDO's FRU inventory, properly package Customer's malfunctioning Infrastructure and ship the malfunctioning Infrastructure to IDO for evaluation and repair as set forth in 2.7. Customer must send the return air bill, referenced in 2.4.2 above back to IDO in order to ensure proper tracking of the returned Infrastructure. Customer will be subject to a replacement fee for malfunctioning Infrastructure not properly returned. For Infrastructure and/or third party Infrastructure repairs that are not exchanged in advance, properly package Infrastructure and ship the malfunctioning FRU, at Customer's expense and risk of loss to Motorola. Customer is responsible for properly packaging the Customer malfunctioning Infrastructure FRU to ensure that the shipped Infrastructure arrives un-daimaged and in repairable condition. Clearly print the return authorization number on the outside of the packaging. 3.4 If received, Customer must properly package and ship Loaner FRU back to IDO within five (5) days of receipt of Customer's repaired FRU. 3.5 Maintain templates of Software/applications and Finmware for reloading of Infrastructure as set forth in paragraph 2.3 and 2.9. 3.6 For Digital In -Car Video Infrastructure, remove video from equipment prior to sending Infrastructure in for repair. Video retrieval is a separate service and is not included as part of this SOW. Additional services and fee applies. 3.7 Cooperate with Motorola and perfonm all acts that are reasonable or necessary to enable Motorola to provide the Infrastructure Repair with Advanced Replacement services to Customer. 4 Page 129 of 334 0 M,WL.+ 4.0 In addition to any exclusions named in Section 5 of the Service Tenns and Conditions or in any other underlying Agreement to which this SOW is attached, the following items are excluded from Infrastructure Repair with Advanced Replacement: 1. All Infrastructure over seven (7) years from product cancellation date. 2. All Broadband/WiNS Infrastructure three (3) years from product cancellation date. 3. Physically damaged Infrastructure. 4. Third parry Equipment not shipped by Motorola. 5. Consumable items including, but not limited to, batteries, connectors, cables, tone/ink cartridges. 6. Video retrieval from Digital In -Car Video equipment. 7. Test equipment. 8. Racks, furniture and cabinets. 9. Finnware and/or Software upgrades. Page'' 30 of 334 Console Only Infrastructure Exhibit Inclusions, Exclusions, Exceptions and Notes Card Cages Included Central Electronics Bank(s) (CEB) Includes Logging Recorder Interface and Network Hub, Base Interface Module (BIM), Console Operator Interface Module (COIM), Operator Interface Module (OMI). Excludes all other technologies see SOW specifically for NICE logging recorders Central Electronic Shelf (CES) Included Computer(s) Includes computers that directly interface with CEB. Includes keyboards, mice and trackballs. Excludes laptop computers and all 286, 386, 486 computers. Defective or phosphor -burned cathode ray tubes CRT(s) and burned -in flat panel display image retention. Console(s) Includes consoles (CommandSTAR, CommandSTAR lite, Centracom Gold Elite MCC7500, MCC7500 w/ VPM, MCC5500, MIP5000, MC1000, MC2000, MC2500, MC3000) as part of complete communication System — Including headset jacks, dual footswitches, and gooseneck microphones and Console Interface Electronics. Excludes cables Console Audio Box CAB Included Dictaphones, Logging Recorders and Recording Excludes all technologies Equipment see SOW specifically for NICE logging recorders Junction Box Included Microwave Equipment. Excluded from service agreement but may be repaired on an above contract, time and material basis. All Equipment must be shipped to IDO. Excludes any on-site services. Monitor(s) Includes all Motorola certified monitors connected to computers that directly interface with or control the communications System. Excludes defective or phosphor -burned cathode ray tubes CRT(s) and burned -in flat panel displays image retention as well as monitors not shipped by Motorola and/or cannot be confirmed by a Motorola factory order number. Site Frequency Standard(s) Includes Netclocks systems Excludes MFS -Rubidium Standard Network Time and Frequency devices UPS Systems. Excluded from service agreements but may be repaired on an above contract, time and material basis. All UPS Systems must be shipped to IDO for repair. Excludes batteries and any on-site services. Page T31 of 334 MO'rOROLA SOLUTIONS Statement of Work Technical Support Service 1.0 Description of Services The Technical Support service provides centralized remote telephone support for technical issues that require a high level of conununications systems expertise or troubleshooting on Equipment. The Motorola System Support Center's (SSC) Technical Support Operation is staffed with technologists who specialize in the diagnosis and resolution of system perfonnance issues. Technical Support Service (i) does not include software upgrades that may be required for issue resolution; and (ii) does not include Customer training (iii) is only available for those system types supported and approved by Technical Support Operations, (iv) limited to Infrastructure currently supported by Motorola. Technical Support is applicable to the following system types: ASTRO®, ASTRO® 25 , ARC 4000, SmartZone® v2.0.3 and higher, SmartZone®/OmniLink®, E911, Private Data v2.0.3 and higher, SmartNet®, Conventional Two -Way, and Wireless Broadband. The teens and conditions of this Statement of Work (SOW) are an integral part of Motorola's Service Teens and Conditions or other applicable Agreement to which it is attached and made a part thereof by this reference. 2.0 Motorola has the following responsibilities: 2.1. Respond to requests for Technical Support for the Restoration of failed Systems and diagnosis of operation problems in accordance with the response times set forth in the Remote Technical Support Response Times Table and the Severity Level defined in the Severity Definitions Table. 2.1.1 If Infrastructure is no longer supported by Motorola, Technical Support will diagnosis the System but may not be able to resolve the issue without the Customer replacing the Infrastructure. 2.2. Advise caller of procedure for detennining any additional requirements for issue characterization, Restoration, including providing a known fix for issue resolution when available. 2.3. Attempt remote access to System for remote diagnostics, when possible. 2.4. Maintain communication with the Servicer or Customer in the field until close of the Case, as needed. 2.5. Coordinate technical resolutions with agreed upon third party vendor(s), as needed. 2.6. Escalate and manage support issues, including Systemic issues, to Motorola engineering and product groups, as applicable. 2.7. Escalate the Case to the appropriate party upon expiration of a Response time. 2.8. Provide Configuration Change Support and Work Flow changes to Systems that have dial in or remote access capability. 2.9. Detennine, in its sole discretion, when a Case requires more than the Technical Support services described in this SOW and notify Customer of an alternative course of action. 3.0 Customer has the following Responsibilities: 3.1. Provide Motorola with pre -defined information prior to Start Date necessary to complete Customer Support Plan. 3.1.1. Submit changes in any information supplied in the Customer Support Plan to the Customer Support Manager. 3.2. Contact the SSC in order to access the Technical Support Operation, provide name of caller, name of Customer, System ID number, Service Agreement number, site(s) in questions, and brief description of the problem. 3.3. Supply on-site presence when requested by System Support Center. 3.4. Validate issue resolution prior to close of the Case. 3.5. Allow Motorola remote access to the System by equipping the System with the necessary Connectivity. 3.6. Remove video from Digital In -Car Video equipment prior to contacting Motorola. If Technical Support assists the Customer in removing video, the Customer acknowledges, understands and agrees that Motorola does not guarantee or warrant that it will be able to extract any captured video or that any captured video will not be damaged, lost or corrupted. 17 1�32 of 334 3.7 Acknowledge that Cases will be handled in accordance with the times and priorities as defined in Remote Technical Support Response Times Table and the Severity Level defined in the Severity Definitions Table. 3.8 Cooperate with Motorola and perforin all acts that are reasonable or necessary to enable Motorola to provide the Technical Support service to Customer. Severity Definitions Table 'e��ritytL�el Pir�ableni T"�pi~� t Severity 1 1. Response is provided Continuously Severity 2 2. Major System failure Severity 3 3. 33% of System down 4. 33% of Site channels down 5. Site Environment alanns (smoke, access, temp, AC power) as detennined by the SSC. 6. This level is meant to represent a major issue that results in an unusable system, sub -system, Product, or critical features from the Customer's perspective. No Work -around or immediate solution is available. Severity 2 1. Response during Standard Business Day 2. Significant System hnpainnent not to exceed 33% of system down 3. System problems presently being monitored 4. This level is meant to represent a moderate issue that limits a Customer's nonnal use of the system, sub -system, product, or major non-critical features from a Customer's perspective Severity 3 1. Response during Standard Business Day 2. Intennittent system issues 3. Information questions 4. Upgrades/preventative maintenance 5. This level is meant to represent a minor issue that does not preclude use of the system, sub -system, product, or critical features from a Customer's perspective. It may also represent a cosmetic issue, including documentation errors, general usage questions, recoimmendations for product enhancements ori modifications, and scheduled events such as preventative maintenance or product/system upgrades. Remote Technical Support Response Times Table E�ERIT'Y _I�FUi�TL Severity 1 Within 1 Hour from receipt of Notification, Continuously Severity 2 Within 4 Hours from receipt of Notification, Standard Business Day Severity 3 Within next Business Day, Standard Business Day Appr°o7,ed fit' Lely"'al 11-20-09 Page'P33 of 334 MO'rOROLA SOLUTIONS Statement of Work Local Radio Combo Package 1.0 Description Local Radio Combo Package provides operational check and board level repair services for mobile, portable, two-way and mobile data. An operational check is an analysis of the Equipment to identify external or internal defects. Local Radio Combo Package also includes service on standard palm microphones and single mobile controls heads, provided that they are required for nonoral operation of the two-way mobile and are included at the point of manufacture. Service is only included on Equipment specifically named in the applicable Agreement to which this Statement of Work is attached. Local Radio Combo Package excludes repairs to: optional accessories; MEN accessories; MEN mobile microphones; non-standard mobile microphones, mobile external speakers; optional or additional control heads, single and multiple unit portable chargers; batteries, mobile antennas; mobile power & antenna cables and power supplies. The following services are excluded from Local Radio Combo service unless they are purchased for an additional fee. The services are Pick-up & delivery, Subscriber Preventative Maintenance, Portable Remote Speaker Microphones, Portable Antenna Replacements and Mobile Remote Control Heads. The tenors and conditions of this SOW are an integral part of Motorola's Service Tenors and Conditions or other applicable agreement to which it is attached and made a part thereof by this reference. 2.0 Motorola has the following responsibilities: 2.1 Service to be perfonmed at the Servicer facility during Standard Business Days. 2.2 Perform an operational check on the Equipment to detenmine the nature of the problem. 2.3 Remove/reinstall mobile or data Equipment from/to Customer's vehicle as needed for additional servicing. 2.4 Test and Restore the Equipment to Motorola factory specifications. 2.5 Remove any dust, and/or foreign substances from the Equipment. 2.6 Reprogram Equipment necessary to return Equipment to original operating parameters based on the template in the Equipment, if the template information can be retrieved from the Equipment, or from a backup diskette provided by Customer containing the template information. If the Customer template is not provided or not reasonably usable, a generic template utilizing the latest Radio Service Software (RSS) version for that Equipment will be used. The Equipment will require additional programming by the Customer to Restore the original template. 2.7 Notify Customer upon completion of repair for pickup of Equipment. 3.0 Customer has the following Responsibilities: 3.1 Deliver and pick up Equipment to/from the Servicer facility. 3.2 Infonet Servicer of description of problem for Equipment brought in for service. 3.3 If the Equipment will not power up, or if desired, supply Servicer with a backup diskette with the Software template or programming in order to assist in returning the Equipment to original operating parameters. If applicable, record the current flashcode for each radio. 3.4 If Motorola must use a generic template to restore Equipment to operating condition, Customer is responsible for any progranuning required to Restore Equipment to desired parameters. 3.5 Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to provide 3.6 the Local Radio Combo Package service to Customer. Local Radio Combo Package Approved by Motorola Contracts & Compliance 04-30-2004 Page?34 of 334 © MOTOROLA Statement of Work Security Update Service (SUS) 1.0 Definitions Terms that are capitalized but not defined in this Statement of Work shall have the definition given to such terms in the Service Terms and Conditions, the Communications System Agreement or other applicable agreement. The following terms have the following meanings: 1.1 Non -Motorola Software: Software whose copyright is owned by a party other than Motorola or its affiliated company, including but not limited to the anti-virus definitions, operating system software patches and signature files that will be pre -tested pursuant to this Statement of Work. 1.2 System: The currently shipping Motorola ASTRO* 25 System Release and up to 5 releases prior. 1.3 Supported Release: Security Update Service is available on the currently shipping Motorola ASTRO® 25 System Release and up to 5 releases prior. If a customer is on a System Release outside of the N-5 release schedule, then they cannot purchase this service. 2.0 Description of Services With Security Update Service ("Service"), Motorola pretests the updated commercial anti-virus definitions for the Microsoft Windows based boxes on a System. This Service includes Motorola obtaining Microsoft Security Updates for Windows operating system, Solaris recommended patch bundles, Red Hat Linux security patches, anti-virus definitions* and intrusion detection sensor updates for Motorola supplied equipment from applicable original equipment manufacturer (OEM). Motorola will evaluate and pre-test each update on Motorola's ASTRO 25 test System components for operational impact. Motorola's verification and evaluation process for anti-virus definitions will consist of applying each update to an appropriate ASTRO 25 system release that corresponds and is consistent with supported** and fielded systems. Each assessment will consist of no less than 36 hours of examination time to evaluate the impact each anti-virus update has to the system. Upon satisfactory completion of the assessment pertaining to anti-virus signatures, these updates will be provided on a weekly basis either automatically or through connecting to Motorola's secured extranet connection. When anti-virus definitions classified as Category 4 (Severe, difficult to contain) and Category 5 (Very Severe, very difficult to contain) by the commercial Approved by Motorola Contracts & Compliance: 8/1/2012 Page 1-35 of 334 © MOTOROLA supplier are released, Motorola will determine if a high-priority release is necessary. Operating system updates/patches will be made available to our customers electronically upon successful testing in our lab environments on a monthly basis for Microsoft patches and on a quarterly basis for all others. NOTICE: If a customer wants antivirus and IDS updates automatically deployed onto their network, then they must purchase the Security Monitoring service. Otherwise, customers may download the updates from the secure extranet site and manually deploy them onto their network. Motorola will perform testing only on standard configurations certified by Motorola System Integration Testing (SIT) and Motorola supplied equipment/software prior to making an update available to Customers. * - Not all systems are provided antivirus for Microsoft and UNIX platforms. To receive full antivirus support under this service offering, the customer must have a standard ASTRO 25 system that is supported and also has implemented antivirus for UNIX. ** - Supported is defined as the current system release and the last five prior. Support beyond this model requires approval from the Customer Service Manager and the Security Services Product Manager. For extended coverage, please communicate a formal request to your account manager. The customer will be responsible for deploying Microsoft, Oracle, Sun Microsystems, UNIX, and Linux security updates from a Motorola provided secured extranet Web site. Antivirus and IDS updates will be capable of being pushed automatically to the customer ASTR025 network only if the Security Monitoring service is purchased by the customer. If there is a recommended configuration change that is successfully tested on the ASTRO 25 test System, Motorola will provide detailed instructions for performing the configuration change. Inclusions: Security Update Service is available on the currently shipping Motorola ASTRO 25 System Release and up to 5 releases prior. If a customer is on a System Release outside of the N-5 release schedule, then they cannot purchase this service. Exclusions: Systems that have non-standard configurations that have not been certified by Motorola SIT are specifically excluded from this Service unless otherwise agreed in writing by Motorola. Service does not include pre -tested intrusion detection system (IDS) updates for IDS solutions not purchased through Motorola. NICE Recorder, certain consoles, MARVLIS, Symbol Equipment, AirDefense Equipment, AVL, and Radio Site Security products are also excluded. The scope of service coverage is defined by Motorola Services and is subject to change based on OEM support lifecycles. The terms and conditions of this Statement of Work are an integral part of Motorola's Service Terms and Conditions or other applicable Agreement to which it is attached and made a part thereof by this reference. Approved by Motorola Contracts & Compliance: 8/1/2012 Page�'36 of 334 © MOTOROLA 3.0 Motorola has the following responsibilities: 3.1 Obtain anti-virus definitions for the Microsoft Windows platform, intrusion detection sensor signatures for Motorola supplied IDS, Microsoft Security Updates for Windows Operating system, Solaris operating system recommended patch bundles, and Red Hat Linux security patches from Motorola selected commercial suppliers. 3.2 Evaluate anti-virus definitions classified as Category 4 and 5 by Motorola selected commercial supplier to determine if a high-priority release is required. Motorola in its discretion will determine the urgency of the update based on the impact to the System. 3.3 Identify and document latest System vulnerabilities and compliance issues discovered during quarterly vulnerability scan performed in Section 3.4. 3.4 Investigate new vulnerabilities and compliance issues that are identified. Recommended response may include, but is not limited to, ASTRO 25 Systems, deploy security software updates; deploy operating system security updates or patches; implement configuration changes; upgrade to current ASTRO 25 System Release (actual upgrade expense not included in this service offering); or recommending a compensating control. 3.5 Pre-test recommended remediation when applicable and make documentation and/or software updates available to Customer electronically. 3.6 Provide documented response with recommended remediation when applicable for all new vulnerabilities quarterly or at Motorola's discretion to Customer electronically. 3.7 Test anti-virus definitions, intrusion detection sensor signatures, and operating system security updates/patches by deploying them on a dedicated ASTRO 25 test System with the standard supported configurations, which include Motorola's then current approved cohabitated applications. 3.8 Confirm that tested anti-virus definitions, intrusion detection sensor signatures, and operating system security updates/patches do not degrade or compromise System functionality on dedicated test System within the standard supported configurations. 3.9 Address issues identified during testing to support functionality under the procedures specified in 3.8 above by working with Motorola selected commercial supplier or Motorola product development engineering team. 3.10 Release pre -tested anti-virus definitions and intrusion detection sensor signatures for Motorola supplied IDS electronically on a weekly basis upon successful completion of the weekly test cycle to be completed one week after release by commercial supplier unless an issue is detected or within 36 hours from Motorola selected commercial supplier's Category 4 & 5 certified virus definitions being available or at Motorola's discretion if determined by Motorola to be a high-priority release. Release may include Approved by Motorola Contracts & Compliance: 8/1/2012 Page'37 of 334 © MOTOROLA the anti-virus definition file, intrusion detection sensor signatures, updated configuration files, instructions and other information deemed pertinent by Motorola. 3.11 Release Microsoft, Solaris and Red Hat Linux operating system security patches/updates when they are certified and available with instructions for obtaining patch/update for Customer deployment on the Customer system. Microsoft operating system security updates will be released monthly as available from Motorola selected commercial supplier upon successful completion of monthly test cycle. Solaris and Red Hat Linux operating system security patches will be released quarterly upon successful completion of quarterly test cycle or at Motorola's discretion. 3.12 Notify Customer when the latest release is available with instructions on where to obtain latest release. 3.13 Provide technical assistance if there is an issue with the installation of an update. 3.14 Maintain annual Customer subscriptions for anti-virus definitions and intrusion detection sensor signatures, with Motorola selected commercial supplier. 4.0 Customer has the following responsibilities: 4.1 Provide means for accessing pre -tested files electronically. 4.2 Deploy pre -tested files on Customer System as instructed in the "Read Me" text provided. 4.3 Implement recommended remediation(s) on Customer System as determined necessary by Customer. 4.4 Upgrade System to a Supported System Release as necessary to continue Service. 4.5 Identify one point of contact for issues specific to Security Update Service. 4.6 Cooperate with Motorola and perform all acts that are reasonable and/or necessary to enable Motorola to electronically provide Security Update Service — Platinum to Customer. 4.7 Comply with the terms of the applicable license agreement between Customer and the Non -Motorola Software copyright owner. 4.8 Adhere closely to the System Support Center (SSC) troubleshooting guidelines provided upon system acquisition. A failure to follow SSC guidelines may cause Customer and Motorola unnecessary or overly burdensome remediation efforts that may result in a service fee to Customer. Approved by Motorola Contracts & Compliance: 8/1/2012 Page'�38 of 334 © MOTOROLA 5.0 WARRANTIES AND DISCLAIMER: Motorola warrants that its services will be free of defects in materials and workmanship for a period of ninety (90) days following completion of the service. Your sole remedies are to require Motorola to re -perform the affected service or at Motorola's option to refund, on a pro -rata basis, the service fees paid for the affected service. During the applicable Warranty Period, Motorola warrants that the tested anti-virus definitions, intrusion detection sensor signatures, and operating system security updates/patches do not degrade or compromise System functionality, and that after incorporation of the recommended remediation action the System Software, when used properly and in accordance with the Documentation, will be free from a reproducible defect that eliminates the functionality or successful operation of a feature critical to the primary functionality or successful operation of the Software. Product and Software documentation that specifies technical and performance features and capabilities, and the user, operation and training manuals for the Software (including all physical or electronic media upon which this information is provided) are collectively referred to as "Documentation." Whether a defect occurs will be determined solely with reference to the Documentation. Motorola does not warrant that Customer's use of the Software or Products will be uninterrupted or error -free or that the Software or the Products will meet Customer's particular requirements. MOTOROLA DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO PRE- TESTED ANTI-VIRUS DEFINITIONS, DATABASE SECURITY UPDATES, OPERATING SYSTEM SOFTWARE PATCHES, AND INTRUSION DETECTION SENSOR SIGNATURE FILES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON -INFRINGEMENT. FURTHER, MOTOROLA DISCLAIMS ANY WARRANTY CONCERNING THE NON -MOTOROLA SOFTWARE AND DOES NOT GUARANTEE THAT CUSTOMER'S SYSTEM WILL BE ERROR -FREE OR IMMUNE TO VIRUSES OR WORMS AS A RESULT OF THESE SERVICES. Approved by Motorola Contracts & Compliance: 8/1/2012 Page�439 of 334 © MOTOROLA STATEMENT OF WORK Security Monitoring Overview: Security Monitoring is a service offering that provides Security Monitoring to identify malicious activity that will or might cause system interference or corruption. Definitions Terms that are capitalized but not defined in this Statement of Work shall have the definition given to such terms in the Service Terms and Conditions, the Communications System Agreement or other applicable agreement. The following terms have the following meanings: Non -Motorola Software: Software whose copyright is owned by a party other than Motorola or its affiliated company, including but not limited to the anti-virus definitions, operating system software patches and signature files that will be pre -tested pursuant to this Statement of Work and the procurement of the Pre -Tested Software Subscription Service. 1.0 Description of Services ASTRO 25 Security Monitoring includes monitoring and managing the Motorola security equipment present on the Customer's System. Monitoring security equipment requires Customer to purchase a Core Security Management Server with Customer's System. Motorola will monitor Elements of a System for Events, as set forth in the Monitored Elements Table below. When the Motorola System Support Center (SSC) detects an Event, trained technologists that are experienced with identifying and interpreting security incidents will acknowledge the Event, run remote diagnostic routines, and initiate an appropriate Response. Appropriate responses could include, but are not limited to, continuing to monitor the Event for further development, attempting remote Restoral, or transferring the Event by opening a Case for dispatch of a Servicer. If dispatched, the Servicer will respond at the Customer location based on pre -defined Severity Levels set forth in the Severity Definitions Table and Response times set forth in the On -Site Response Time Table in order to Restore the System. Motorola will proactively manage the security Elements present on the System as needed to mitigate the risk of vulnerability such as a virus, worm or other intrusive attack on the System. This may include periodically deploying the latest release of pre -tested intrusion detection sensor signature files on the network barrier (ONLY for IDS supplied to Customer by Motorola and if present on the System) as determined by Motorola. Motorola will also modify intrusion sensor settings and update firewall settings as determined by Motorola and will notify Customer of such modifications. Motorola will provide Case Management as set forth herein. The SSC maintains contact with the on-site Servicer until System Restoral occurs and Case is closed. The SSC will continuously track and manage Case activity from open to close through an automated Case tracking process. Approved by Motorola Contracts & Compliance: July 22, 2009 Page'�40 of 334 © MOTOROLA This Case management allows Motorola to provide activity and performance reports as well as ensures timely resolution of issues. The terms and conditions of this Statement of Work (SOW) are an integral part of Motorola's Service Terms and Conditions or other applicable Agreement(s) to which it is attached and made a part thereof by this reference. 2.0 Motorola has the following responsibilities: 2.1 Provide dedicated Connectivity through a private network connection necessary for monitoring ASTRO 25 System. The Connectivity Matrix set forth below further describes the Connectivity options. NOTICE: If Network Monitoring (a separate Service) is not acquired, an additional fee will be applied to the customer. 2.2 Provide dedicated connectivity necessary for monitoring. 2.3 If determined necessary by Motorola, provide Motorola owned equipment for monitoring ASTRO 25 System elements. If Motorola installs or replaces Motorola owned equipment, the type of equipment and location installed is listed in the Motorola Owned & Supplied Equipment Table. 2.4 Verify Connectivity and Event monitoring prior to System Acceptance or Start Date. 2.5 Coordinate with Customer to maintain Motorola service authentication credentials. 2.6 Continuously receive service requests. 2.7 Perform Continuous monitoring of System Elements as set forth in the Monitored Elements Table. 2.8 Interpret System Events and determine appropriate Response. An appropriate Response could include the following actions: notify customer of activity, continue monitoring the Event for further development, review System log files or transfer the Event information via a Case for dispatch of a Servicer. 2.9 Respond in accordance to pre -defined Response times upon receipt from Customer of Customer managed passwords required for proper access to the Customer's System. 2.10 Remotely access the Customer's System to perform remote diagnostics as permitted by Customer pursuant to section 3.1. 2.11 Attempt remote Restoral, as appropriate. Some System functions may be disrupted as necessary to maintain System integrity until further validation of the Event occurs. This may include shutting down applications, applying security tools, resetting box, or instructing Servicer to reload applications and operating system software as necessary. This does not include a technician being physically dispatched. 2.12 Create a Case as necessary when service requests are received. Gather information to perform the following: 2.12.1 Characterize the issue 2.12.2 Determine a plan of action 2.12.3 Assign and track the Case to resolution. Approved by Motorola Contracts & Compliance: July 22, 200926. Page1-41 of 334 © MOTOROLA 2.13 Ensure the required personnel have access to Customer information as needed. 2.14 Disable and enable System devices, as necessary, for Servicers. 2.15 Servicer will perform the following on-site: 2.15.1 Run diagnostics on the Infrastructure or FRU. 2.15.2 Replace defective Infrastructure or FRU, as applicable to security components provided by or approved by Motorola. Customer, Servicer or Motorola may provide Infrastructure or FRU. 2.15.3 Provide materials, tools, documentation, physical planning manuals, diagnostic/test equipment and any Security requirements necessary to perform the Maintenance service. 2.15.4 If a third party Vendor is needed to restore the System, the Servicer may accompany that Vendor onto the Customer's premises. 2.16 Verify with Customer that Restoration is complete or System is functional, if required by Customer's repair Verification preference described in the Customer Support Plan required by section 3.6. If Verification by Customer cannot be completed within 20 minutes of Restoration, the Case will be closed and the Servicer will be released. 2.17 Escalate the Case to the appropriate party upon expiration of a Response time. 2.18 Close the Case upon receiving notification from Customer or Servicer, indicating the Case is resolved. 2.19 Notify Customer of Case Status, as described in the Customer Support Plan at the following Case levels: 2.19.1 Open and closed; or 2.19.2 Open, assigned to the Servicer, arrival of the Servicer on site, deferred or delayed, closed. 2.20 Obtain intrusion detection sensor (IDS) signatures for Motorola supplied IDS, from Motorola selected commercial suppliers. 2.21 Address issues identified during testing to support functionality under the procedures specified in 2.22 above by working with Motorola selected commercial supplier or Motorola product development engineering team. 2.22 Maintain annual Customer licenses for intrusion detection sensor signatures for IDS supplied to Customer by Motorola with Motorola selected commercial supplier. 2.23 Provide the following reports, as applicable: 2.23.1 Case activity reports to Customer. 2.23.2 Network Security Monitoring Service reports for Customer System(s). 2.24 Apply additional support charges above and beyond the contracted service agreements that may apply if it is determined that System faults were caused by the Customer making changes to critical System parameters. 3.0 Customer has the following responsibilities: Approved by Motorola Contracts & Compliance: July 22, 2009 Page�742 of 334 © MOTOROLA 3.1 Allow Motorola Continuous remote access to obtain System availability, performance and configuration data. 3.2 Allow Motorola to access System if firewall has been installed; provide permanent/dedicated access for SNMP traps (outbound) and ZDS polling (inbound). 3.3 Provide continuous utility service to any Motorola equipment installed or utilized at Customer's premises to support delivery of the Service. 3.4 Maintain and manage any equipment outside of the System. 3.5 Provide Motorola with pre -defined Customer information and preferences prior to Start Date necessary to complete Customer Support Plan. 3.5.1 Provide 7/24 security contact and escalation list 3.5.2 Case notification preferences and procedures 3.5.3 Repair Verification preference and procedure 3.5.4 Database and escalation procedure forms. 3.5.5 Submit changes in any information supplied in the Customer Support Plan to the Customer Support Manager. 3.6 Provide the following information when initiating a service request: 3.6.1 Assigned System ID number 3.6.2 Problem description and site location 3.6.3 Other pertinent information for Motorola to open a Case. 3.7 Provide all Customer managed passwords required to access the Customer's System to Motorola upon request or when opening a Case to request service support or enable Response to a technical issue. 3.8 Notify the SSC when Customer performs any activity that impacts the System (Activity that impacts the System may include, installing software or hardware upgrades, performing upgrades to the network, or taking down part of the System to perform maintenance.) 3.9 As necessary, upgrade System to Supported System Release as specified in paragraph 2.22. 3.10 Allow Servicers access to Equipment (including any Connectivity or security monitoring equipment) if remote service is not possible. 3.11 Allow Servicers access to remove Motorola owned server upon cancellation of service as set forth in paragraph 2.2. 3.12 Supply Infrastructure or FRU, as applicable, in order for Motorola to Restore the System as set forth in paragraph 2.15.2. 3.13 Maintain and store in an easily accessible location System backups and any/all Software needed to restore the System. Approved by Motorola Contracts & Compliance: July 22, 200928. Page1-43 of 334 © MOTOROLA 3.14 Verify with the SSC that Restoration is complete or System is functional, if required by the Repair Verification Preference provided by Customer in accordance with section 3.6.3. 3.15 Comply with the terms of the applicable license agreements between Customer and the Non -Motorola Software copyright owners. 3.16 Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to provide the services described in this SOW. WARRANTIES AND DISCLAIMER: Motorola warrants that its services will be free of defects in materials and workmanship for a period of ninety (90) days following completion of the service. Your sole remedies are to require Motorola to re -perform the affected service or at Motorola's option to refund, on a pro -rata basis, the service fees paid for the affected service. During the applicable Warranty Period, Motorola warrants that the tested anti-virus definitions, intrusion detection sensor signatures, and operating system security updates/patches provided if PTSS is procured or provided via ESS, do not degrade or compromise System functionality, and that after incorporation of the tested Software updates, the System Software, when used properly and in accordance with the Documentation, will be free from a reproducible defect that eliminates the functionality or successful operation of a feature critical to the primary functionality or successful operation of the Software. Product and Software documentation that specifies technical and performance features and capabilities, and the user, operation and training manuals for the Software (including all physical or electronic media upon which this information is provided) are collectively referred to as "Documentation." Whether a defect occurs will be determined solely with reference to the Documentation. Motorola does not warrant that Customer's use of the Software or Products will be uninterrupted or error -free or that the Software or the Products will meet Customer's particular requirements. Motorola disclaims all other warranties with respect intrusion detection sensor signature files, express or implied, including the implied warranties of merchantability, fitness for a particular purpose, and non -infringement. Further, Motorola disclaims any warranty concerning the non - Motorola software and does not guarantee that customer's system will be error -free or immune to viruses or worms as a result of these services. Approved by Motorola Contracts & Compliance: July 22, 2009 Page?44 of 334 © MOTOROLA Severity Definitions Table Severity Level Problems Types Severity 1 Response is provided Continuously Restoral Major System failure Severity 33% of System down Within 2 hours 33% of Site channels down 8 hours • This level is meant to represent a major issue that results in an unusable 1 system, sub -system, Product, or critical features from the Customer's from receipt of perspective. No Work -around or immediate solution is available. Severity 2 ■ Response during Standard Business Day ■ Significant System Impairment not to exceed 33% of system down Notification ■ System problems presently being monitored ■ This level is meant to represent a moderate issue that limits a Customer's normal use of the system, sub -system, product, or maj or non-critical Continuously features from a Customer's perspective Severity 3 ■ Response during Standard Business Day ■ Intermittent system issues ■ Information questions ■ Upgrades/Preventative maintenance Severity ■ This level is meant to represent a minor issue that does not preclude use of Within 4 hours the system, sub -system, product, or critical features from a Customer's 8 hours perspective. It may also represent a cosmetic issue, including 2 documentation errors, general usage questions, recommendations for from receipt of product enhancements or modifications, and scheduled events such as preventative maintenance or product/system upgrades. On -Site Response Time Table (Customer's Response Time Classification is designated in the Service Agreement). Severity Level Standard Response Time Premier Response Time Limited Response Time Restoral Off Deferral Severity Within 4 hours Within 2 hours Within 4 hours from 8 hours Time 1 from receipt of from receipt of receipt of provided Notification Notification Notification by Continuously Continuously Standard Business Servicer Day Severity Within 4 hours Within 4 hours Within 4 hours from 8 hours Time 2 from receipt of from receipt of receipt of provided Notification Notification Notification by Standard Business Standard Business Standard Business Servicer Approved by Motorola Contracts & Compliance: July 22, 200930. Page145 of 334 © MOTOROLA Severity Level Standard Response Time Premier Response Time Limited Response Time Restoral Off Deferral Standard solution for real-time Connectivity Day Day Day to monitor Customers Customers Severity Within 24 hours Within 24 hours Within 24 hours 48 hours Time 3 from receipt of from receipt of from receipt of provided Notification Notification Notification by Standard Business Standard Business Standard Business Servicer Day Day Day • Please note these are Standard Commitment times. The commitment times should be based on the Customers Support Plan. • Provide update before the specific contractual commitments come due. * Note: Provide update to System Support Center before Deferral time comes due. Connectivity Matrix Private Network Connection Public Internet Connection IP TI (All Customers) IP TI (Option Available only to Customers System Support Server outside of the US Standard solution for real-time Connectivity Non-standard solution for real-time Connectivity Dedicated bandwidth configuration provided No dedicated bandwidth provided to monitor to monitor Customers Customers Protected from unauthorized intrusion Low risk of unauthorized intrusion Encryption Available Encryption Available Connectivity available through Motorola Customer provides Connectivity to the internet via an internet service provider selected by Customer Motorola Owned & Supplied Equipment Table Equipment Type Location Installed Firewall/Router Master Site System Support Server Master Site for each Zone Approved by Motorola Contracts & Compliance: July 22, 20093 Page1146 of 334 © MOTOROLA Monitored Elements Table (Listed by Technology) System Type Equipment ASTRO 25 (release 7.x) Packet Routing Network; Zone Controllers; Database Server; FullVision Server; Zone Statistical Server; Air Traffic Router; System Statistics Server; User Configuration Server; Packet Data Gateway Server; PBX; Interconnect Server; Motorola Gold Elite Gateway (MGEG); AEB; CEB; Conventional Channel Gateway (CCGW); Simulcast RF Site (Site Controllers, Comparators, Stations); Intelli Repeater RF Site (Stations); Intelli Site Repeater RF Site (Site Controllers, Stations); Core, Exit, Gateway, Peripheral, Border, and Site routers, HP Switches master, prime, console and repeater sites switches, GGSN; CWR MOSCAD Overlay (TenSr, Station, Channel Banks, TRAK GPS, Site Power, Microwave) DOES NOT INCLUDE MONITORING OF ANY MOSCAD ALARM POINTS THAT DO NOT DIRECTLY IMPACT THE PERFORMANCE OF THE RADIO NETWORK. DOES NOT INCLUDE MONITORING OF ANYTHING OUTSIDE OF THE RADIO NETWORK UNLESS SPECIFICALLY STATED ASTRO 25 (release 6.3 — Nortel; Packet Routing Network; Zone Controllers; Database Server; 6.9) FullVision Server; Zone Statistical Server; Air Traffic Router; System Statistics Server; User Configuration Server; Packet Data Gateway Server; PBX; Interconnect Server; Motorola Gold Elite Gateway (MGEG); AEB; CEB; ARCADACS Cross Connect Switch; Simulcast RF Site (Site Controllers, Comparators, Stations); Intelli Repeater RF Site (Stations);Intelli Site Repeater RF Site (Site Controllers, Stations); MOSCAD Overlay (TenSr, Station, Channel Banks, TRAK GPS, Site Power, Microwave) Does not include monitoring of any MOSCAD alarm points that do not directly impact the performance of the radio network. Does not include monitoring of anything outside of the radio network unless specifically stated. Security Elements Core Security Management Server; Firewall; Intrusion Detection Sensors; (Monitoring and managing Anti-virus Management application; Authentication Management Security Elements is application; Centralized Logging Server dependent on Customer purchasing Core Security Management Server as Equipment with the Customer System) Approved by Motorola Contracts & Compliance: July 22, 2009 Page3?47 of 334 M CONSENTAGENDA 10/3/2017 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R17-091 - Authorize the City Manager to sign a Subscription Agreement with American Funding Innovators, Inc. for an annual amount of $7,300, for the service period of November 1, 2017 — October 31, 2018. EXPLANATION OF REQUEST: Subscription Term: November 1, 2017 - October 31, 2018 The City of Boynton Beach Grants Team automated its grant research and grant management in 2002. Each year, the Grants & ADA Coordinator researches companies that provide grant research and management systems in an effort to obtain a product that would meet the City's needs. Staff recommends renewal of our subscription to American Funding Innovators, Inc.'s Grants Navigator, beginning November 1, 2017. The cost of the one-year subscription is $7,300. This product includes customizable data fields, which allow the City much more flexibility in capturing additional data that is not typically offered in grant management software. American Funding Innovators, Inc. provides access to a centralized federal, state, local and foundation grant database, grant management and reporting tools and organization wide oversight at a substantially lower cost than eCivis and a third party provider, Streamlink (see attached product comparison). Grants Team members have used this software over the past three years and are confident it meets their department's needs to effectively research and manage grants. The Grants & ADA Coordinator has researched this company and checked several references. Each reference had nothing but positive things to say regarding the product and customer service. In addition, ITS staff has reviewed the security of the system and finds it ample to secure City grant documents. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Subscribing to Grants Navigator will enable the Grants Team members to continually seek grant opportunities and manage grant awards. Grants Navigator is a configurable, web -based software that centralizes information and project management and provides customizable data fields to better meet the individual grant management and reporting needs of the City. The system provides citywide use and oversight by the Grants & ADA Coordinator and the Finance Department. The Subscription Agreement includes access to a database of federal, state, local and foundation grant opportunities, and a project level document repository for our annual single audit. This allows the auditor on- line access to our grant related documents. This also enables the City to move towards a more paperless process. FISCAL IMPACT: Budgeted The total cost for Grant Navigator for the one-year subscription is $7,300. The expense is included in the adopted FY2017/2018 General Fund budget and will be taken from the Grant Team account # 001-1210-512-34-34. ALTERNATIVES: 1. Not renew our Service Agreement with American Funding Innovators, Inc. and dramatically decrease Page 148 of 334 our ability to efficiently and effectively seek and manage grants citywide at a reduced cost. 2. Not use any form of grant research and management tools and risk our ability to efficiently and effectively seek and manage grants citywide. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: CONTRACTS VENDOR NAME: American Funding Innovators, Inc. START DATE: 11/1/2017 END DATE: 10/31/2018 CONTRACT VALUE: $7,300 MINORITYOWNED CONTRACTOR?: No EXTENSION AVAILABLE?: No EXTENSION EXPLANATION: ATTACHMENTS: Type D Resolution D Agreement D Quotes Description Resolution Subscription Agreement Product Comparison Page 149 of 334 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 AND AUTHORIZING THE CITY MANAGER TO SIGN A SOFTWARE SUBSCRIPTION AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND AMERICAN FUNDING INNOVATORS, INC., FOR WEB -BASED GRANT RESEARCH AND MANAGEMENT IN THE AMOUNT OF $7,300; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach Grants Team has been using the software of American Funding Innovators, Inc., over the past year and are confident that it meets their needs to effectively research and manage grants; and WHEREAS, staff is recommending continuing the subscription to American Funding Innovators' Grants Navigator commencing November 1, 2017; and WHEREAS, the City Commission of the City of Boynton Beach, upon recommendation of staff, deems it to be in the best interests of the residents and citizens of the City of Boynton Beach to approve the Subscription Agreement between the City of Boynton Beach and American Funding Innovators, Inc., and authorize the City Manager to sign the Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. Each Whereas clause set forth above is true and correct and incorporated herein by this reference. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby approve the Software Subscription Agreement between the City of Boynton Beach and SACA\RES01Agreements\American Funding Innovators Grant Management (2017) - Reso.Doc Page 150 of 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 American Funding Innovators, Inc. for the term November 1, 2017 through October 31, 2018 in the amount of $7,300, and authorize the City Manager to sign the Software Subscription Agreement, a copy of the Agreement is attached hereto as Exhibit "A". Section 3. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of 32017, 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 S ACA\RESO\Agreements\American Funding Innovators Grant Management (2017) - Reso.Doc YES NO Page 151 of Organization: Service Period: Name: City of Boynton Beach Start Date: 11/1/17 Street Address: 100 E. Boynton Beach Blvd. End Date: 10/31/18 Street Address 2: City, State Zip: Boynton Beach, FL 33435 Point of Contact: Name: Debbie Majors Email: ma'orsd bbfL.us Title: Grant Coordinator Phone: 561-742-6241 Product Package Description Price GrantNavigator Premium Unlimited Unlimited Users, Unlimited Grant Activity $4,800 Product Package Subtotal Unlimited Plan Discount Service Implementation Services Implementation Services Discount On -Site Training Service Subtotal Total Due Description Units Rate Price .......... .................. ................... .".."..."" Grants Managed ....................... 5 -"...."'""AddifionaIAwarded S�66 I 150o .. ... '.....................................AdaificnaI User 666nses . .......... ...... . . .......... . . .$1,000---- Integrated GOstream Grant Database 1------ ............ - ----- 5 -0 -0 - Optional �web-based �grant activity summary � access for non- i ------ - $750 750 licensed ("Public") users $o Included in Unlimited Subscription i 1 .......... (s ib 0) Description Data Implementation -## grants @b $50 / grant Data Implementation - ## grants (9 $50 /grant included On -Site Product Training (days) On -Site Training Discount Units Rate Price 0 $50 $0: 0 (S50) $o 0 $2,500 $o 0 $0 $o $7,300 Each party acknowledges that it has read and understands the Subscription Agreement, Exhibit(s), all Confidentiality provisions contained therein, and agree to be bound by its terms. American Funding Innovators, Inc. City of Boynton Beach By: Scott Frost Title: CEO Date: 1 By: Lori LaVerriere Title: City Manager Date: Page 152 of 334 2017 Grant Research and Management Product Comparison Research Administration & Annual Includes Federal, Management Reporting Subscription State, Local and Includes Tracking & Includes reports and Fee Product Name Foundation Grants Reporting features oversight American Funding Innovators, Inc. Grant Navigator Yes Yes Yes $7,300 eCivis, Inc. Grants Network Yes Yes Yes $27, 507 Yes, via GrantStation Yes, but more vendor or Project GrantFinder - Not an Management & sub StreamLinkAmplifund acceptable product awards focused Yes $8,510 Page 153 of 334 6.C. CONSENTAGENDA 10/3/2017 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R17-092 - Authorize the City Manager or designee to sign all documents associated with the acceptance of the Victims of Crime Act (VOCA) grant for the 2017-2018 funding cycle in the amount of $63,759 subject to the approval of the City Attorney. EXPLANATION OF REQUEST: The Office of the Attorney General, Bureau of Advocacy and Grants Management has awarded a Victims of Crime Act (VOCA) grant for the 2017-2018 funding cycle in the amount of $63,759. Approval of this award will allow our agency to keep the current VOCA funded victim advocate on staff. The City has received this grant in previous years for the following: FY 16/17 $56,619 FY 15/16 $56,595 FY 14/15 $56,595 FY 13/14 $55,586 FY 12/13 $55,836 HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Victim advocates are professionals trained to support victims of crime. Advocates offer victims information, emotional support, and help finding resources and filling out paperwork. The advocates also contact organizations, such as criminal justice or social service agencies, to get help or information for victims. Our agency currently has one full time city funded and one VOCA funded victim advocate who are responsible to full fill the needs of the community. Without the additional advocate, staff would become bogged down with the daily operations of the office leaving little time for detailed follow up and proactive work. FISCAL IMPACT: Non -budgeted There is no fiscal impact. We are offering 12% of the salary of the police sergeant in the Special Victims Unit for the required 20% cash/in-kind match. ALTERNATIVES: Do not accept grant. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: Page 154 of 334 CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? Yes Grant Amount: 63,759.00 ATTACHMENTS: Type D Resolution Description Resolution appro\4ng and accepting VOLA Grant Page 155 of 334 1 RESOLUTION NO. R17- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING AND ACCEPTING THE 5 VICTIMS OF CRIME ACT (VOCA) GRANT IN THE 6 AMOUNT OF $63,759.00 FOR THE FISCAL YEAR 2017/18; 7 AUTHORIZING THE CITY MANAGER TO SIGN ALL 8 DOCUMENTS NECESSARY TO ACCEPT THE AWARD; 9 AND PROVIDING AN EFFECTIVE DATE. 10 11 12 WHEREAS, the City of Boynton Beach Police Department applied for and has been 13 awarded a Victims of Crime Act (VOCA) grant from the Office of the Attorney General, 14 Bureau of Advocacy and Grants Management; and 15 WHEREAS, the grant is in the amount of $63,759.00; and 16 WHEREAS, the VOCA grant funds will allow our agency to keep the current VOCA 17 funded victim advocate on staff 18 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 19 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 20 21 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 22 being true and correct and are hereby made a specific part of this Resolution upon adoption 23 hereof. 24 Section 2. The City Commission of the City of Boynton Beach hereby accepts the 25 Victims of Crime Act (VOCA) Grant from the Office of the Attorney General, Bureau of 26 Advocacy and Grants Management in the amount of $63,759.00 for the fiscal year 2017/18 27 funding cycle 28 Section 3. The City Manager is authorized to sign all documents necessary to 29 accept the Grant award. 30 Section 4. This Resolution shall become effective immediately upon passage. C:\Program Files (X86)\Neevia.Com\Docconverterpro\Temp\NVDC\426D084A-4BE1-4984-8461-4F263270BF32\Boynton Beach. 6933.1. Accept VOCA Grant (2017)_-_Reso.Doc Page 156 of 334 31 32 PASSED AND ADOPTED this day of , 2017. 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 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:\Program Files (X86)\Neevia.Com\Docconverterpro\Temp\NVDC\426D084A-4BE1-4984-8461-4F263270BF32\Boynton Beach. 6933.1. Accept VOCA Grant (2017)_-_Reso.Doc Page 157 of 334 I CONSENTAGENDA 10/3/2017 REQUESTED ACTION BY COMMISSION: Approve the one-year extension for RFPs/Bids and/ or piggy- backs for the procurement of services and/or commodities as described in the written report for October 3, 2017 - "Request for Extensions and/or Piggybacks". EXPLANATION OF REQUEST: As required, the Finance/Procurement Department submits requests for award to the Commission; requests for approval to enter into contracts and agreements as the result of bid solicitations; and to piggy -back governmental contracts. Options to extend or renew are noted in the "Agenda Request Item" presented to Commission as part of the initial approval process. Procurement seeks to provide an accurate and efficient method to keep the Commission informed of pending renewals and the anticipated expenditure by reducing the paperwork of processing each renewal and/or extension individually and summarizing the information in a monthly report (as required). VENDOR(S) COMMODITY/SERVICE RFP/BID NUMBER RENEWAL TERM Advanced Mulch; Mulch Piggyback City of September 16, 2017 Adwood; Amerigrow; Pompano Beach/CoOp thru December 14, Bliss; Eastcoast Mulch; Bid No. E-34-15 2017 Superior Mulch (Contract Extended for up to 90 days to permit bid and award of new contract) AT & T Mobile Communication Piggyback State of October 1 , 2017 thru Services Florida Contract No. January 10, 2022 DMS -10/11-008A Sprint Mobile Communication Piggyback State of October 1, 2017 Services Florida Contract No. thru January 12, 2022 DMS -10/11-008B Verizon Mobile Communication Piggyback State of October 1, 2017 Services Florida Contract No. thru January 19, 2022 DMS -10/11-008C Tanner Industries, Inc. Anhydrous Ammonia, Piggyback City of Stuart October 1, 2017 thru Annual Supply Bid No. 2015-293 September 30, 2018 Advance Generator Diesel/Propane Generator City Bid No. 066-2821- October 6, 2017 thru Sales and Service and Bypass Pump 15/J MA October 5, 2018 Maintenance and Repair Penn Credit Debt Collection Services Piggyback City of October 17, 2017 thru Corporation for Utilities and Lakeland RFP No. 1202 October 16, 2018 Miscellaneous Receivables Allied Universal Corp. Annual Supply of Sodium Piggyback City of October 20, 2017 thru Hypochlorite Plantation Bid No. 016-16 October 19, 2018 HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Page 158 of 334 This renewal report will be used for those bids, contracts/agreements and piggy -backs that are renewed/extended with the same terms and conditions and pricing as the initial award. FISCAL IMPACT: Budgeted Funds have been budgeted under line items as noted on the attached report. ALTERNATIVES: Not approve renewals and require new bids to be issued. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Attachment Bid Renewal Report 10.3.17 D Attachment Pompano each Mulch Renewal Backup D Attachment State of Florida Mobile Communication Services Backup - AT&T D Attachment State of Florida Mobile Communication Services Backup - Verizon D Attachment State of Florida Mobile Communication Services Backup - Sprint Diesel/Propane Generator and By -Pass Pump D Attachment Maintenance and Repair Service - Renewal Backup D Attachment City of Plantation - Sodium Hypochlorite Renewal Backup D Attachment Anhydrous Ammonia - City of Stuart Renewal Backup Page 159 of 334 REQUESTING DEPARTMENT. PUBLIC WORKS/ BUILDING AND GROUNDS DEPARTMENT CONTACT. Dwight Saulter TERM: September 16, 2017 thru December 14, 2017 SOURCE FOR PURCHASE: Piggyback City of Pompano Beach / CoOp Bid No. E-34-15 ACCOUNT NUMBER: The appropriate account(s) will be charged at the time of release. VENDOR(S): Advanced Mulch; Adwood; Amerigrow; Bliss; Eastcoast Mulch; Superior Mulch ANNUAL ESTIMATED EXPENDITURE: $2,500.00 DESCRIPTION: The City of Boynton Beach, as a participating agency in the Southeast Florida Governmental Purchasing Cooperative was included in the Bid for "Mulch" issued by the City of Pompano Beach as lead agency. As this bid has no renewal options remaining, the City of Pompano Beach's Commission approved an extension of the bid for up to 90 days so that staff may bid and award a replacement Contract. REQUESTING DEPARTMENT. FINANCE/PROCUREMENT DEPARTMENT CONTACT. Ilyse Triestman TERM: October 1, 2017 thru January 10, 2022 SOURCE FOR PURCHASE: Piggyback State of Florida Contract No DMS -10111-008A, B, C ACCOUNT NUMBER: The appropriate account(s) will be charged at the time of release. VENDOR(S): AT&T; SPRINT; VERIZON ANNUAL ESTIMATED EXPENDITURE: $145,000 per year DESCRIPTION: The City of Boynton Beach utilizes the State of Florida Mobile Communication Services Contracts: DMS -10111-008A for AT&T; DMS - 10111 -008B for Sprint; and DMS -10/11-008C for Verizon for the City's mobile voice and data requirements. These contracts cover mobile phone service and data plans and air cards for all City Departments. On February 9, 2016, the State of Florida executed various Contract Amendments (AT&T—Amendment 10; Sprint—Amendment 10; Verizon —Amendment 7) extending the terms to 2022. The State of Florida competitive procurement requirements equal and/or exceed the City of Boynton Beach procurement requirements. REQUESTING DEPARTMENT. UTILITIES DEPARTMENT CONTACT. Michael Low TERM: October 1, 2017 to September 30, 2018 SOURCE FOR PURCHASE: Piggyback City of Stuart Bid No. 2015-293 ACCOUNT NUMBER: 401-2811-536-52-35 VENDOR(S): TANNER INDUSTRIES, INC. ANNUAL ESTIMATED EXPENDITURE: $35,000.00 DESCRIPTION OF BID EXTENSION: The City of Boynton Beach utilizes the City of Stuart's Contract for the annual supply of anhydrous ammonia. The City of Stuart's competitive procurement requirements equal and/or exceed the City of Boynton Beach procurement requirements. REQUESTING DEPARTMENT. PUBLIC WORKS/UTILITIES/FACILITIES DEPARTMENT CONTACT. Gail Mootz TERM: October 6, 2017 to October 5, 2018 SOURCE FOR PURCHASE: Bid No. 066-2821-15/JMA — "Two Year Bid for Diesel/Propane Generator and By -Pass Pump Maintenance and Repair Service" ACCOUNT NUMBER: The appropriate account(s) will be charged at the time of release. VENDOR: ADVANCE GENERATOR SALES & SERVICE, INC. ANNUAL ESTIMATED EXPENDITURE: $125,000.00 DESCRIPTION OF BID EXTENSION: On October 6, 2015, City Commission awarded the bid for Generator Maintenance and Repair Services to Advance Generator Sales and Service, Inc. for a two-year initial term. The vendor performs various repair and maintenance services for the City's stand-by emergency generators and pumps. The bid allowed for three (3) one-year renewal terms. The vendor has agreed to renew the bid for the first one-year renewal option with the same terms, conditions and pricing. REQUESTING DEPARTMENT. FINANCE/UTILITIES DEPARTMENT CONTACT. Mara Frederiksen TERM: October 17, 2017 to October 16, 2018 SOURCE FOR PURCHASE: Piggyback City of Lakeland, FL RFP No. 1202 ACCOUNT NUMBER: The appropriate account(s) will be charged at the time of release. VENDOR(S): PENN CREDIT CORPORATION ANNUAL ESTIMATED EXPENDITURE: $70,000.00 DESCRIPTION OF BID EXTENSION: The City of Boynton Beach utilizes the City of Lakeland's Contract for Debt Collection Services for Utilities and Miscellaneous Receivables. This Agreement automatically renews every year unless terminated by either party The City has been using the Penn Credit agreement for delinquent utility, refuse and fire ALS accounts since 2008 and has been satisfied with their services. The City of Lakeland competitive procurement requirements equal and/or exceed the City of Boynton Beach procurement requirements. REQUESTING DEPARTMENT. UTILITIES DEPARTMENT CONTACT. Michael Low TERM: October 20, 2017 to October 19, 2018 SOURCE FOR PURCHASE: Piggyback City of Plantation, FL BID No. 016-16 ACCOUNT NUMBER: 401-2811-536-52-28 VENDOR(S): ALLIED UNIVERSAL CORPORATION ANNUAL EXPENDITURE: $325,000.00 DESCRIPTION OF BID EXTENSION: The City of Boynton Beach utilizes the City of Plantation's Contract for its annual supply of Sodium Hypochlorite. Sodium hypochlorite is critical to the water treatment process as it is combined with ammonia to form chloramines, which kill bacteria in water. The City of Boynton Beach has been purchasing sodium hypochlorite from Allied Universal for many years and has been pleased with the product and service. The City of Plantation's competitive procurement requirements equal and/or exceed the City of Boynton Beach procurement requirements. Southeast Florida Governmental Purchasing Cooperative Group CONTRACT AWARD Please complete each of the applicable boxes and submit with bid documents, award notices and tabulations to (piper@yoca.us for placement on the NIGP SEFL website Cooperative contract page. PAGE 1 OF 2 BID/RFP No. E-34-15 Description/Title: Mulch Initial Contract Term: Start Date: 09/16/2015 Renewal Terms of the Contract: 1 End Date: 09/15/2016 Renewal Options for 1 -year (No. of Renewals) (Period of Time) Renewal No. 1 Start Date: 09/16/2016 End Date: 09/15/2017 Renewal No. Start Date: * End Date: 12/14/2017 Renewal No. Start Date: End Date: *Extended for up to 90 days to permit bid and award of new contract. SECTION #1 VENDOR AWARD Vendor Name: Advanced Mulch, Inc. (Item 9) Vendor Address: PO Box 32943, Palm Beach Gardens, FL 33420 Contact: Dawn Corrado, Office Manager Phone: 877-256-9685 Fax: 561-733-1317 Cell/Pager: 561-722-1880 Email Address: info@advancedmulch.com Website: www.advancedmulch.com FEIN: 65-0916255 VENDOR AWARD Vendor Name: Adwood, Inc. (Items 1, 2, 6, 12) Vendor Address: 4670 NW 69th Avenue, Miami, FL 33166 Contact: Arturo Liza, Manager; Edwin (back-up) Phone: 561-248-0289 (back-up) Fax: 561-965-9777 Cell/Pager: 561-436-1885 Email Address: info@adwooddistribution.com Website: adwooddistribution.com/home.html FEIN: 65-0624013 Page 162 of 334 PAGE 2 OF 3 VENDOR AWARD Vendor Name: Amerigrow Recycling (Item 5 until 09/15/2016) Vendor Address: 10320 W. Atlantic Avenue, Delray Beach, FL 33446 Contact: Joanie Vertefeuille, Sales and Marketing Phone: 561-499-8148 Fax: 561-499-5896 Cell/Pager: Email Address: Joanie@amerigrow.com Website: www.amerigrow.com FEIN: 16-1480138 VENDOR AWARD VENDOR AWARD Vendor Name: Bliss Products & Services (Item 7) Vendor Address: 6831 S Sweetwater Road, Lithia, Georgia 30122 Contact: Patty Carruthers, Sales Associate Phone: 239-248-6430 Fax: 239-430-0125 Cell/Pager: Email Address: patty@blissproducts.com Website: www.blisproducts.com FEIN: VENDOR AWARD Vendor Name: Eastcoast Mulch (Items 8, 10, 11) Vendor Address: PO Box 1352, Jupiter, FL 33468 Contact: George Henry, Director of Operations/Vice President Phone: 561-627-5539 Fax: 561-972-7673 Cell/Pager: 561-262-0075 Email Address: rcmr@comcast.net Website: FEIN: 65-0876231 VENDOR AWARD Vendor Name: Superior Mulch [Items 3, 4, 13 (item 5 beginning 09/16/2016)] Vendor Address: 9621 SR #7, Boynton Beach Contact: Carol Marrero Phone: 561-734-7300 Fax: 561-734-3013 Cell/Pager: Email Address: carol@atlaspeatandsoil.com Website: FEIN: 59-2712633 Page 163 of 334 PAGE 3 OF 3 SECTION #2 AWARD/BACKGROUND INFORMATION Award Date: 7/28/15 Resolution/Agenda Item No.: 7-28-15 / #4 Insurance Required: Yes X No Performance Bond Required: Yes No X SECTION #3 LEAD AGENCY Agency Name: City of Pompano Beach Agency Address: 1190 NE 3rd Avenue, Bldg. C, Pompano Beach, FL. 33060 Agency Contact: Jeff English Email Jeff rey.english@copbfl.com Telephone: 954-786-4098 Fax: 954-786-4168 Page 164 of 334 TRANSMISSION VERIFICATION REPORT DATE, IME 08/23 18:47 FAX NO./NAME 915617343013 DURATION 00:00:22 PAGE(S) 01 RESULT OK MODE STANDARD A pompano Wbeach. Florida'-: Warmest W,31COMO Aug ust 23, 2017 Brian J. Lulfs, President Superior Mulch 9621 SR #7 Boynton Beach, Florida 33472 TIME 08/23/2017 18:46 NAME COPB PURCHASING FAX 9547864168 TEL 9547864098 SER.Y BROG7J671656 City of Pompano Beach, Purchasing Division 1190 N.E. 3rd Avenuep Building C Pompano Beach, Florida, 33060 Via Facsimile (561) 734-3013 and Email Dear Mr, Lulfs, Our contract with your company for "Mulch (Co-operative Bid)" issued PLrsuant to Bid E-34-15 is scheduled to expire on September 15, 2017. in accordance with the provisions of Section R, Contract Period, the City is invoking the extension clause to allow sufficient time to award a new contract, The extension period will be no longer than ninety (90) days frcim September 15, and will be subject to the execution of the new Mulch contract, Thank you for your cooperation in this matter. Please call me if you have. any questions at (954) 786-4098. A* Jeff English Purchasing Agent Page 165 of 334 TRANSMISSION VERIFICATION REPORT TIME 08/23/2017 19:10 NAME COPB PURCHASING FAX 9547864168 TEL 9547864098 SER.# BROG7JG71656 DATE,TIME 08/23 19:09 FAX NO. /NAME 915619727637 DURATION 00:00:22 PAGE(S) 01 RESULT OK MODE STANDARD pompano City of Pompano Beach, Purchasing Division 1190 N.E. 3rd Avenue, BLlilding C Wbeach- Pompano Beach, Florida, 33060 Forid0i �A�armoat �vocorne. August 23, 2017 George Henry, Director of Operations Eastcoast Mulch P.0, Box 1352 Jupiter, Florida 334138 Via Facsimile (561) 972-7637 and Email rr-mracomcast,net Dear Mr. Henry, our contract with your company for "Mulch (Co-operative Bid)" issued pumuont to Bid E-34-15 is scheduled to expire on September 15, 2017. In accordance with the provisions of Section 6,, Contract Period, the City is invoking the extension clause to allow sufficient time to award a new contract. The extension period will be no longer than ninety (90) days from September 15, and will be subject to the execution of the new Mulch contract. Thank you for your cooperation in this matter. Please call me if you have any questions at (054) 786-4098. Sinr,ereLv, ;0$� 1 Jeff English Page 166 of 334 TRANSMISSION VERIFICATION REPORT DATE,TIME 08/23 18:49 FAX NO./NAME 918669201915 DURATION 00:00:22 PAGE(S) 01 RESULT OK MODE STANDARD ,. I " peimplano Wbeach- Flarlda'S Warmeg welcome August 23, 2017 TIME 08/23/2017 10:50 NAME COPB PURCHASING FA'jA 9547864168 TEL 9547864098 SERA BROG7J671656 G1tY Of Pompano Beach, Purchasing Divislor 1190 N.E. 3rd Avenue, Building C Pompano Beach, Florida, 33060 Gregg Bliss, President Bliss Products and Services, Inc. 6831 S. Sweetwater Rd, Lithia Springs, Georgia 30122 Via Facsimile (866) 920-1915 and Emailinfo@ tl.i ss products, com Dear Mr. Bliss, Our contract with your company for "Mulch (Go -operative Bid)" issued pursuant to Bid E-34-15 is scheduled to expire on September 15, 2017. In accordance with the provisions of Section K, Contract Period, the City is invoking the extension clause to allow sufficient time to award a new contract. The extension period will be no longer than ninety (90) days from September 15, and will be subject to the execution of the new Mulch contract. Thank you for your cooperation in this matter_ Please call me if you have any questions at (954) 786 -4098 - Sinter 4�� Jeff English Purchasing Agent Page 167 of 334 TRANSMISSION VERIFICATION REPORT DATE,TIHE 08/23 18:50 FAX NO./NAME 915619659777 DURATION 00:00:23 PAGE(S) 01 RESULT OK MODE STANDARD ''`e kI", Pompano Wbeach. flGrida*- WErmnt welcomd August 23, 2017 Arleen AragueZ, President Adwood, Inc. 4670 N,W. 69"' Avenue Miami, Florida 33186 TIME 06123/2017 16:51 NAME COPB PURCHASING FAX 9547864168 TEL 9547864098 SER.ff BROC47JS71656 CitY Of Pompano Beach, Purchasing Division 1190 N.E. 3rd Avenue, Building C Pompano Beach, Florida, 3306() Via (561) 965-9777 and Email infofladwooddistributioncom Dear Ms. Araguez, Our contract with your company for "Mulch (Co-operative Bid)" issued Pursuant to Bid E-34-15 is scheduled to expire on September 15, 2017. In accordance with the provisions Of Section B., Contract Period, the City is invoking the extension clause to all Contract. The extension period will be no longer than ninety ow suffici"t time to award a new will be subject to the execution of the new Mulch contract, (90) days from September 15, and Thank you for Your cooperation in this matter. Please call me if you have any questions at (954) 786-4098- Sincerelv, - Jeff English Purchasing Agent Page 168 of 334 TRANSMISSION VERIFICATIOH REPORT TIME 08/23/2017 18:46 NAME COFIB PURCHASIh,IG FAX 9547864168 TEL 9547864099 SER.# BROG7J671656 DATE, TIME 08/23 18:46 FAX NO./NAME 915617331317 DURATION 00:00:22 PAGE(S) 01 RESULT OK 1,10DE STANDARD pqmpano City of Pompano Beach, Purchasing Division Wbnt'% 1190 N.E. 3rd Avenue, Building C eQuh- Pompano Beach, Florida, 33060 FlorldR's Warmml Welc"e August 23, 2017 Kenneth Bowden, President Advanced Mulch, Inc. P.O. Box 32943 Palm Beach Gardens, FL 33420 Via Facsimile (561) 733-1317 and Email info@advancedmuIch.com FaTTY-FWAM Our contract with your company for "Mulch (Co-operative Bid)" issued p irsuant to Bid E-34-1 5 is scheduled to expire on September 15, 2017- In accordance with the provisions of Section B., Contract Period, the City is invoking the extension clause to allow sufficient time to award a new contract, The extension period will be no longer than ninety (90) days from September 15, and will be subject to the execution of the new Mulch contract. Thank you for your cooperation in this matter. Please call me if you have any questions at (954) 786-4098. Sinoere Jeff English A-4 Page 169 of 334 AND AT&T moBiary NATioNAL Accoum LLc WEREAS, the Parties entered Into the Contract to set *dh the duties and obligations of Contractor and Department in relation to Contractor's parkwmanoe of its duties in connection with the Contract and - 71 1. CONTRACT 2.01 — IMW Term: The Parties agree tharl the Tenn of this Contract be renewed for an additional period of five (5) years commencing on January 11, 201 and continuing through January 10, 2022, unless exlended, cancelled or terminated provided in the tenrns and conditions of the Contract. The Parties agree Dot additional renewal pedods vAll remain aftw January 10, 2022. Contred No., DMS-10/11-ODBA Contract Amendrmnt 10 Pop 1 of 2 Page 170 of 334 FROM COMMUNICATIONS ♦` CAPITAL TRUST FUND ........ $108,036,421 • J. Cottingham 117, 01/21/16 Dab Contract No- WS -10/1.1-008A Contract Amendment 10 Page 171 of 334 CONTRACTBETWEM FLOREDA DEPARTMENT OF MANAGEMIM SERVICES AND Page 172 of 334 CENTREX AND SUNCOM FROM COMMUNICATIONS O.± CAPMAL TRUST # $108,035,421 All oftr terrns and conditions o, the Conlrectsball remain In full fbroeeffect. oad _' , Etacutive. wreow- Enuirprise, and Government Conimcts January 201 Date Contract No: DMS-10111-DOSC Contract Amendment 7 Page 2 of 2 Page 173 of 334 CONTRACTBETWEEN SPRINT SOLUTIONS, INC. 14_ I.,, AMENDMENT 10 TAIS AiTIERDiTIBIT ("AmendmenfT,-fo-Wei V �w �7 DMS -1 0/11-00813, effective January 13, 2012 ("Contract"), is entered into as of the last date signed below, by and between the parties to the Contract, namely, the State of Florida, Department of Management Services ("Department"), and Sprint Solutions, Inc., ("Contractor). Contractor and the Department are hereinafter referred to individually as a "Party" or collectively as the "Parties". WHEREAS, the Parties entered into the Contract to set forth the duties and obligations of the Contract; and date of the Contract is January 12, 2017; and WHEREAS, the Contract has remaining renewals for up to five (5) years; and Othe Contract for an additional five (5) years. WHEREFORE, in consideration of the foregoing premises, the Parties hereto agree that the Contract shall be amended as follows: 1. CONTRACT 2.01 — Initial Term: The Parties agree that the Term of this Contract shall be renewed for an additional period of five (5) years commencing on January 13, 2017, and continuing through January 12, 2022, unless extended, cancelled or terminated as provided in the terms and conditions of the Contract. The Parties agree that no additional renewal periods will remain after January 12, 2022. Page 174 of 334 FROM COMMUNICATIONS WORKING CAPITAL TRUST FUND ........ $108,035,421 All other terms and conditions of the Contract shall remain in full force and effect. SO AGREED by the parties' authorized representatives on the dates noted below: - LTM Kim reen- rr Vice President,all Medium Business Print Title 1-11-2015 Date P&CA DWS 1/6/201 Sprint Ref. #BSG1511-0021 Sprint Approved as to Legal Form - HRF 01/06/16 Contract -10/11-008 Contract Amendment 10 Page 2 of 2 Page 175 of 334 -1 1tv tLLY "J Bounton Beach FinancelProcurement Services 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561) 742-6310 FAX (561) 742-6316 BID: DIESEUPROPANE GENERATOR AND BY-PASS PUMP MAINTENANCE AND REPAIR SERVICE BID No.: 066-2821-16/JMA CONTRACT RENEWAL PERIOD: OCTOBER 6, 2017 THRU OCTOBER 5, 2018 Yes, I agree to renew the existing agreement with the same prices, terms and conditions for the renewal period of October 6, 2017 thru October 5, 2018, No, I do not wish to renew the agreement for the following reason(s): Advanced Generator Sales and Service, Inc. NAME OF COMPANY IR I d,1 d � c -d t'� NAME OF REPRESENTATIVE (Please print) DATE Lownwan MIME 1:akTm1lW_'1N*jv I `SIGNATURE TITLE (AREA CODE) TELEPHONE NUMBER America's Gateway to the Gulf Stream P a g e- 1-76- of -3a4 Diane Veltri Bendekovic, Mayor Anna C. Otiniano Dire,.itor June 15, 2017 V TV K M" T A", W- WYMT Allied Universal Corp. 3901 NW 115 Avenue Miami, Florida 33178 rm M -TIT -MI RIM, Dear Ms- Munguia: CITY COUNCIL Ron Jacobs, President Peter S. Tingom, President Pro Tern Dr. Robert A. Levy Lynn Stoner Plantation Chris Zimmerman, AIA the grasi ii grewer 1-M--wa4-009-0 W-1 1 011 001111411111- Iturcnasing bodium Aypau-monte from 7QTied-i#rn--1versa1 Corp, at a r—afe-o—f--�Yf67per—aJL-o-n-fo—r-s-)TlI or MIA nker load. The revised contract expiration date shall be October 20, 2018. 1'.1elu1ing insurance and/or performance bond covera*-"'I -JI-1:': coverage is cun-ent and provide this office with an update certificate. Respectfiffly. er, F Procur ent Administrator a11ewFwVh-1 wL%A-1 i!& II NW 73rd Avenue * Plantation, F1011da 3331 954.797.2647 * www.plantati( Page 177 of 334 6114/2017 Plantation City Council Meeting Agenda Subject: Item Covershemt Notice of City Council Meeting a .Plantation City of Plantation City Council Chambers hfl Wednesday, June 14, 2017 — 7:30 PM D E: . w ww r Request for authorization to continue purchasing sodium hypochlorite (chlorine bleach) from Allied Universal Corp. using the City of Plantation publicly advertised ITB No. 016-16, through October 20, 2018, at a cost of $0.518 per gallon for split or full -tanker load. The current approved City of Plantation (contract)1TB No. 016-16 for the supply and delivery of sodium hypochlorite (chlorine bleach) is set to expire October 20, 2017. The original contract for the purchase of this commodity was approved by City Council on July 13, 2016- consent agenda item No. 7. Sodium hypochlorite is used in the treatment processes at both water treatment plants and the wastewater treatment plant. In total, all the treatment plants use approximately 245,000 gallons per year. The approximate annual expenditure for this chemical i:c $126,910.00. The City of Plantation ITB No. 016-16 allows for four (4) one- (1-) year extensions. This would be the first of the four allowable renewal options. Terms, conditions, specifications, and pricing shall remain in effect during the extension period. This information is provided for your review and approval for the continued purchase of sodium hypochlorite (chlorine bleach) for water treatment plants and wastewater treatment plant from Allied Universal Corp. 440-0100-533-5207- $70,000.00 440-0200-535-5207- $57,000.00 $0.518 per gallon for split or full -tanker load. Finance Director/Budget Manager Recommendation: The total amount budgeted in FY2017 for the purchase of sodium hypochlorite (chlorine bleach) is $127,000 (Water $70,000; Wastewater $57,000). Charles Spencer a l hftp://planWon.rovwagovkc=/AgendaWsWCoverShW.aspx?bmlD=631616 Page 178 of 3T4 6/1412D17 Or Aina I ARRmed Cgundl Memo EWcuted Aareement Vgned Renewal Letter Item Coversheet 5131/2017 Backup Material 5/31/2017 Backup Material 5/31/2017 Backup Material h4s:lipiantsUon.navu&aganda.cm/AgandaWeWCoverShwLaspOlbwn ID=6316 Page 179 of 334- Anna C. Otiniano Director MOM Allied Universad Corp. U-sli 3901 NW 115 Avenue MiamiI FL 33178 I R WIN) * 0 1 CITYCOUNCIL Peter S. Tingorn, President Lynn Stoner, President Pro Tern Jerry Fadgen Mark Hyatt ,11amatin Ron lacobs U11f= 9 '9 A'Vrem =-1 fm-MaTm- r Qz+) Ruff"WoREF (1-) year renewal periods. This would be the first of four allowable renewal options. Nom The purpose of this letter is to determine your desire to this renewal provision. Ibis inquiry does not consdtute an extension or reriewal of the contract. Somwne with authorization to sign for your rompany must place dicir signature where indicated. THE FORM Iry AN- W -A; W Al"i 2649 or EEpencer(a)XIAntation. org. Failure to respond will be deemed as evidence that vour frm is no long' -IT inteicsted in requesting its option to renew thu, contrazt. KYLTIff" Charles Spencer at 954-797-2647 0;�mld es--- Cer Cristhianae _MMnguia,__ Print Ngme Bid Coordinator ii -tic May 30, 2017 Date Autha==d Sig-kiatute Title 401NW73rdAvenue PhtntationRotida 333 954,797-2647 www.plantation.org Page 180 of 334 BEFORE THE CITY COMMISSION CITY OF STUART, FLORIDA. RESOLUTION NUMBER 100-2017 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF STUART, FLORIDA TO RENEW ITB NO. 2015-293, CHEMICALS FOR WATER TREATMENT PLANT/WATER RECLAMATION FACILITY ON AN AS NEEDED BASIS, FOR THE 2nd AND FINAL RENEWAL PERIOD THROUGH SEPTEMBER 30, 2018, TO THE FOLLOWING FIRMS, PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF STUART, FLORIDA THAT: SECTION 1: The City Commission of the City of Stuart hereby approves the 2nd and final renewal period of ITB No. 2015-293, Chemicals for Water Treatment Plant/Water Reclamation Facility for the period October 1, 2017 through September 30, 2018. Item Vendor Chemical Amount 1 Allied Universal Corporation. Sodium Hypochlorite $68,160.00 2 Cheney Lime & Cement Pebble Quicklime $124,880.00 3 Florida Chemical Supply, Inc. Hydrofluorosilicie Acid $8,700.00 4 Florida Chemical Supply, Inc. Hydrochloric Acid $2,684.00 5 Fort Bend Services, Inc. Cationic Liquid Polymer $14,128.40 6 Shannon Chemical Corporation Sodium Hexametphosphate $19,646.00 7 Tanner Industries, Inc. Anhydrous Ammonia $14,052.50 Overall Total SECTION 2: This resolution shall take effect upon adoption. $2521250.90 Page 181 of 334 Commissioner CAMPENNI offered the foregoing resolution and moved its adoption. The motion was seconded by Commissioner GLASS LEIGHTON and upon being put to a roll call vote, the vote was as follows: YES NO ABSENT ABSTAIN TROY A. MCDONALD, MAYOR x KELLI GLASS LEIGHTON, VICE MAYOR x BECKY BRUNER, COMMISSIONER x EULA R. CLARKE, COMMISSIONER x TOM CAMPENNI, COMMISSIONER x ADOPTED this 25h day of September, 2017. A#r: CTMR,YL WHITE TROY A. MCDONALD CM CLERK MAYOR APPROVED AS TO FORM AND CORRECTNESS: MIC I-1XCL-MOA ELL CITY ATTORNEY Page 182 of 334 \ 1 . 9 1 , � , 1 K I I , ! I , I Pr"', U"OHCw s1odh'! Anoflalli (-I !Auafl fl,(J5 AUIOUSt (), 2017 -1 Tanner Industries, Inc Attn: Mr. Matt Tanner 735 Davisville Rd, Southampton, PA 18966-3200 C I t y Ou f SIS 11�- U, aCl-" -19, 21 k,%l I [—Al \kctw,o I,w,jri - i f,-mk. +IIPIJ-41 pct sPt1i'iis, 1 snmlogd I ,11 Cf1r &(,'i4T I; "I alt C: i)It lilila% Via I-I'mad 'I ransmission: hslli- , vle! p".1 Subject: ecc Renewal f(-)ri'I'B#-)015-293,ClieiiiicalsaI Watcrl'rcatiiientl'WateriZeelaii)atioii Facility Dear Mr.Tanner, This is official notification to your firm that the City of Stuart is satisfied Nvith your firm's, performance and -wishes to extend your current contract for Anhydrous Ammonia for the period beginning October 1, 2017 and ending on September 30, 2018 which represents tile second and final year of tufo (one year) renewal options, ']'his extension is granted under tile Sallie terms, conditions, and pricing as the original contract. Please complete the bottom portion of this letter if your fine will agree to the requested renewal. Your response must he received no later than 4:00 p.m., August 17, 2017. You may fiax your response to (772) 600-1202 or send by email to Thank you for your cooperation and immediate attention to this mailer. Please contact tile at (772) 288-5320, ifyou Should have any questions, Best Regards, e-11 Alaina Kncjila Procurement Specialist CC: ITB 2015-293 File 9 1 hereby agree to the cmitract renewal as specified of the skibject Agreement 1 am unable to agree to the contract rencxval as specified ot'llie subject Agreement (Signature) Printed Name 91 V J/ 7 Date —j - i Title Page 183 of 334 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF STUART, FLORIDA TO RENEW ITB NO. 2015-293, CHEMICALS FOR WATER TREATMENT PLANT[WATER RECLAMATION FACILITY ON AN "AS NEEDED" BASIS, FOR THE IT RENEWAL PERIOD THROUGH SEPTEMBER 30, 2017 TO THE FOLLOWING FIRMS, PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF STUART, FLORIDA that: SECTION I - The City Commission of the City of Stuart hereby approves the first of two (2) renewal periods of ITB NO. 2015-293 Chemicals for Water Treatment Plant/Water Reclamation Facility for the period October 1, 2016 through September 30, 21,17. Item Ven Chemiew Awown I Allied Universal Corporation. Sodium Hypochlorite $68,160.00 2 Tanner Industries, Inc. Anhydrous Ammonia $14,052.50 3 Florida Chemical Supply Inc. Hydrofluorosilicic acid $8,7KOO 4 Cheney Lime & Cement Pebble Quicklime $;124,880.00 5 Brenntag Mid South Inc. Hydrochloric Acid $2,337.50 6 Shannon Chemical Corporation Sodium Hexametphosphate $19,646.00 7 Sterling Water Technologies Anionic Dry Polymer $5,569.98 8 Fort Bend Services, Inc. Cationtic Liquid Polymer $14,128.40 9 Thatcher Chemical of Florida, Inc Liquid Ferric Sulfate $40,320.00 10 Brcnntag Mid South Inc. Liquid Ferric Chloride $28,050.00 ,�]M- gxlmum�'- Page 184 of 334 Resolution No. 77-2016 Renew ITB No. 2015-293 for Chemicals: Water Treatment Plant/Water Reclamation Facility SECTION 2: This resolution shall take effect upon adoption. f�. . commissioner �ICDONALD offered the foregoing resolution and moved its adoptioiN The motion was seconded by Crissioner GLASS LEIGHTON and upon being put I JEFFREY A. KRAUSKOFF, MAYOR EULA R. CLARKE, VICE MAYOR TOM CAMPENNI, COMMISSIONER TROY A. MCDONALD, COMMISSIONER KELLI GLASS LEIGHTON, COMMISSIONER 10rad V01 YES NO ABSENT x x x Fx- I J7FFREY A).� �USKOI PF RE YOR Page 185 of 334 pnoc�;remom U11154 ak,nof MOMMIZ Tanner Indust-.1es, Inc Attn: Mr. Matt Tanner 735 Davisville Rd. Southa=ton, PA 18966-�200 I 027-M 3 rM tv )tu I w1 SW Aa,evwu,,, Snu,,,ain, �,4994 "'k, .gat , Dil, asicn Via Email Transmission: si, This is official notification to your firrn that the City of Stuart is satisfied with your firm's performance and wishes to extend your current contract for Anhydrous Arnmonia for the period beginning October 1, 2016 and ending on September 30, 2017 which represents the first year of two (one year) renewal options. This extension is granted under the same tenns, conditions, and pricing as the original contract. Please complete the bottom portion of this letter if your firm will agree to the requested renewal. Your response must be received no later than 4.00 p.m., August 3, 2016. You may fax your response to (772) 600-1202 or send by email to Thank you for your cooperation and immediate attention to this matter. Please contact me at (772) 288-5320, if you should have any questions. Best Regards, Zl- Of 0vt,4 -Alaina Kno ZEM�s� CC, JTB 2015-293 File I hereby agree to the contract renewal as specified of the subject Agreement I am unable to agree to the contract renewal as specified of the subject Agreement (Signature) Printed Name 2zgqZI6 Date Title Page 186 of 334 BEFORE THE CITY COMMISSION CITY OF STUART, FLORIDA A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF STUART, FLORIDA TO APPROVE THE AWARD OF ITB NO. 2015-293, CHEMICALS FOR. WATER TREATMENT PLANT/WATER RECLAMATION FACILITY TO THE LOWEST, MOST RESPONSIVE RESPONSIBLE BIDDERS, ON AN AS NEEDED BASIS, TO THE FOLLOWING FIRMS, PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF STUART, FLORIDA that: SECTION 1: The City Commission of the City of Stuart, Florida approves the award of ITB No, 2015-293 to the lowest most responsive and responsible bidders for the purchase of chemicals on an as -needed basis to operate the Water Treatment Plant/Water Reclamation Facility. This contract will be awarded for an initial one year period with the option to renew for two additional one year periods. The chemicals and bidders involved are as stated below: Item Vendor Chemical Amount I Allied Universal Corporation. Sodium Hypochlorite $68,160.00 2 Tanner Industries, Inc. Anhydrous Amnaonia $14,052.50 3 Florida Chemical Supply Inc. Hydrofluorosilicie acid $8,700.00 4 Cheney Lime &Cement Pebble Quicklime $124,880.00 5 Brenratag Mid South Inc. Hydrochloric Acid $2,337.50 6 Shannon Chemical Corporation Sodium Hexametphosphate $19,646.00 7 Sterling Nater Teclu ologies Anionic Dry Polymer $5,569.98 8 Fort Bend Services, Inc. Cationic Liquid Polymer $14,128.40 9 Thatcher Chemical of Florida, Inc Liquid Ferric Sulfate $40,320.00 10 Brenntag Mid South Inc. Liquid Ferric Chloride $28,050.00 Overall Total $325,844.38 Page 187 of 334 Resolution No. 82-2015 Award ITB No. 2015-293 for Chemicals: Water Treatment Plant/ atcr Reclamation Facility SECTION 2: This resolution shall take effect upon adoption, ADOPTED this 14th clay of September 2015. Conunissioner MCDONA1_,D offered the foregoing resolution and moved its adoption. The motion was seconded by Commissioner CAMPENNI and upon being; put to a roll call vote, the vote was as follows: KELLI GLASS-LEIGHTON, MAYOR JEFFREY KRAUSKOPF, VICE MAYOR TOM " COMMISSIONER TROY MCDONALD, COMMISSIONER COMMISSIONER APPROVED .; 1CORRECTNESS: YES NO ABSENT X x X [SLI ASS-LE1HT MAYOR Page 188 of 334 322030 10 AOCI ►R" CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) 9/22/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Commercial Lines - (610) 205-6120 Wells Fargo Insurance Services USA, Inc. CONTACT Mark Westcott NAME: PHONEo 610-205-6160 FAX AIC NExt): AIC No 866-851-9120 E-MAIL o.comttt ar..escowellsfar k A W ADDRESS: MC g 1018 W. 9th Avenue, Suite 100 INSURER(S) AFFORDING COVERAGE NAIC # King of Prussia, PA 19406 INSURERA: Nautilus Insurance Company 17370 INSURED INSURER B: Starr Indemnity and Liability Company 38318 Tanner Industries, Inc. INSURER C: Aspen Specialty Insurance Co 10717 735 Davisville Road INSURER D: Commerce & Industry Insurance Company 19410 Third Floor INSURER E: Southampton PA 18966-3200 INSURER F: COVERAGES CERTIFICATE NUMBER: 9563396 REVISION NUMBER: See below THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MMIDDIYYYY POLICY EXP MMIDDIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY OCCUR X CLAIMS -MADE 1:1 OCCUR X X GLP2011827-12 06/01/2015 06/01/2016 EACH OCCURRENCE $ 1,000,000 To DAMAGES( RENTEDcurrence S Ea oc $ 300,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 11000,000 AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 GEN'L POLICY ❑PRO � JECT LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ OTHER: B AUTOMOBILE LIABILITY X X SISIPCA08333115 06/01/2015 06/01/2016 (CEO, accMccdent BINED SING LE LIMIT iden $ 1,000,000 BODILY INJURY (Per person) $ X ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ NON -OWNED HIRED AUTOS AUTOS C UMBRELLA LAB X OCCUR EXACJ4J15 06/01/2015 06/01/2016 EACH OCCURRENCE $ 16,000,000 AGGREGATE $ 16,000,000 X EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVEE 10000017580 06/01/2015 06/01/2016 PER OTH- X STATUTE ER EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? F—]E.L. (Mandatory in NH) NIA E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 D Pollution Coverage PLS12031329 06/01/2015 06/01/2018 $15,000,000 Each Incident $15,000,000 Aggregate DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: ITB No. 2015-293, Chemicals for Water Treatment/Water Reclamation Facilities City of Stuart is named as an Additional Insured as required by written contract with respect to General Liability ad Automobile Liability. A waiver of subrogation applies in favor of the certificate holder with respect to General Liability ad Automobile Liability as required per written contqact and where permitted by law. CERTIFICATE HOLDER CANCELLATION City of Stuart SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 121 SW Fla ler Avenue g ACCORDANCE WITH THE POLICY PROVISIONS. Stuart FL 34994 AUTHORIZED REPRESENTATIVE Af i The ACORD name and logo are registered marks of ACORD ACORD 25 (2014/01) (This certificate replaces certificate# 9553348 issued on 9/22/2015) © 1988-2014 ACORD CORPORATION. All rights reserved. Page 189 of 334 Lenora Darden, CPPB Procurement Manager purchasing Laci.stuartfl.us September 17, 2015 city of Stuart 121 SW Flagler Avenue • Stuart • Florida 34994 Department of Financial Services Procurement and Contracting Services Division Tanner Industries, Inc. Attn: Matt Tanner, Sales Administrator 735 Davisville Road Southampton, PA 18966 Telephone (772) 288-5320 Fax: (772) 600-0134 Via: Email transmission, sales a,tannerind.com Subject: Notice of Award ITB No. 2015-293, Chemicals for Water Treatment/Water Reclamation Facilities Dear Mr. Tanner: The Stuart City Commission awarded ITB No. 2015-293, Chemicals for Water Treatment/Water Reclamation Facilities, to your firm on Monday, September 14, 2015, in the amount of $14,052.50. Please consider this your formal notice of award. The City of Stuart requests that you provide all necessary insurance requirements within 10 days (September 27, 2015) as listed below: A "Certificate of Insurance" which reflects all types and levels of coverage as noted in the Request for Proposal. The insurance certificate must also haverip 'nted in the "Remarks" box, words to the effect: "The City of Stuart is an additional insured': The City requests that the insurance certificate lists therp oject number and the proiect name, ITB No. 2015-293, Chemicals for Water Treatment/Water Reclamation Facilities. Orders from the City of Stuart will be placed throughout the contract period through the issuance of a Blanket Purchase Order, which will serve as your contract and notice to proceed, upon receipt of required documents. All services shall be coordinated with the City Project Manager, Mike Woodside at 772-288-5343 ext. 5444. The initial contract period will be for one year, effective October 1, 2015 through September 30, 2016, with two one-year renewal options. The City reserves the right to exercise the option to renew annually, if mutually agreed upon in writing by both parties subject to the same terms and conditions of the original agreement. Annual renewals shall be subject to the appropriation of funds, vendor's satisfactory performance and determination that the contract renewal is in the best interest of the City. The City of Stuart looks forward to a mutually beneficial business relationship. If you have any questions, please feel free to contact me by email at purchasinLaci.stuart.fl.us or call me at (772) 288-5320. Sincerely yours, Lenora Darden Procurement Manager Cc: Dave Peters, Assistant Public Works Director Mike Woodside, Team Leader II 2015-293 ITB File Page 190 of 334 City off a,-trt y. k., 171 �\ i i tic 1 i1 Si , to � c €j c e Er �t I'ta7 tt 1 rt ice Lenora Darden Procurement &- ( -mtractin - Set- ccs ivisic,n 77-1.60'0f 01 34 FAX 'rc)cLtrenien11vN1anLtger 77?.288,53-20 PHONE Ritrcha�Ci..S.W<trtIIAIs IN VITATIONTO BID FOR: CHEMICALS: WATER TREATMENTIWATER RECLAMATION FACILITY DATE: ,lune 22, 2015 DEPT. Public Works RID NUMBER: 2015-293 Bids will be opened and publicly read aloud at City Hall, 121 S.W. Flagler Ave., Stuart, FL at 2:30 pm on Wednesday, the, -29th day of duly, 2015. Bids must be SUBMITTED ON THE desired. Please attach this completed form as the top sheet for all bids submitted. Bid bonds, if required, may be in the form of a Surety Bond, Cashier's Check or Certified Check (checks payable to The City of Stuart). Bidder's Name= Aa Company Name 1 fio yje r 11 o i,e _ ° Street Address '73. eiv s vM e . City; State, Zip X171 ; d P kei EA l tl LId Total Amount of Bid 144,= Q �� _ 50 It is the intent and purpose of the City of Stuart that this Invitation to Bid promotes competitive bidding. It shall be the bidder's responsibility to advise the Procurement Division if any language, requirements, etc., or any combination thereof, inadvertently restricts or limits the requirements stated in this Invitation to Bid to a single source. Such notification must be submitted in writing and must be received by the Procurement Division not later than ten (10) days prior to the bid opening date. Hand Deliver Mail/Express Bids to: Stuart City Nall Procurement chi Contracting Services Office 121 S.W. Flagler Avenue Stuart, Florida 34994 ITB No 2015=293 _ Page l Page 191 of 334 Al INSTRUCTIONS TO 13IZDIDER. ALI Each bidder shall furnish the information required on the bid schedule and each accompanying sheet thereof on which he makes an entry. Offers submitted on any other format are subject to disqualification. A1.2 All bids must be submitted in a sealed envelope plainly marked on the outside with the invitation to bid number, date and time of opening. A1,3 All Bids Must Be Submitted in Triplicate. This includes specifically the bid cover page, the bid signature section (A2), any section on which annotations are required or exceptions are taken, the bid schedule (F), and any supporting documentation or literature being submitted with your bid. AIA It is the bidder's responsibility to assure that Bids are received in the City of Stuart Procurement & Contracting Services Office, 12.1 SW Flagler Avenue, Stuart, Florida 34994, not later than 2:30 p.m., on the day and date shown above. Any received after this date and time will not be accepted or considered, and will be returned unopened to the bidder. No telegraphic or facsimile offers will be considered. A1.5 Bids will be publicly opened and read aloud in the ls` Floor Conference Room at City Hall on the above appointed date at 2:30 p.m.. or as soon as possible thereafter. A1.6 Bids may not be withdrawn for a period of 30 days after the public opening date. A.1.7 Bidder's attention is specifically called to the terms and conditions of this solicitation. A1.8 Please check your prices before submitting your bid, as no change in prices will be allowed after the opening. All prices and notations must be in ink or typewritten. Be sure your bid is signed. A1.9 All items quoted must be in compliance with the specifications. Alternate bids will not be considered unless they are specifically called for in this solicitation. ALIO Any actual or prospective bidder who protests the reasonableness, necessity or competitiveness of the terms and/or conditions of the invitation to bid, selection or award recommendation shall file such protest in writing to the Stuart City Manager with a copy to the City Procurement & Contracting Services Manager. ALL I (questions relative to interpretation of specifications or the solicitation process shall be addressed to the Purchasing Agent, in writing, in ample time before the period set for the receipt of bids. Any interpretations, clarifications or changes made will be in the form of written addenda issued by the Procurement Office. Oral answers will not be authoritative. AI.12 It will be the responsibility of the bidder to contact the Procurement Office prior to submitting a bid to ascertain if any addenda have been issued, to obtain all such addenda., and to return executed addenda with their bid. The Procurement & Contracting Services Office is located at 121 SW Flagler Avenge, Stuart, Florida 34994, telephone 9 (772) 288-5320, Fax (772) 600-01.34, and email ITB Ido 2€115=293 _. _ _ Page 2 Page 192 of 334 A-2 BID SIGNATURE SECTION A2.1 This sheet must be signed by a person authorized to sign for your firm and. returned with your bid. Failure to comply will result in disqualification of submittal. A2.2 Delivery shall be a factor in award. Failure to perform within delivery deadline(s) set forth in the specifications or any other contract document shall constitute default. A2.3 Section Not Used A2.4 The City reserves the right to reject any or all bids, without recourse, to waive technicalities or to accept the bid which in its sole judgment best serves the interest of the City. Cost of submittal of this bid is considered an operational cost of the bidder and shall not be passed on to or be borne by the City.. A2.5 Goods, services, supplies or equipment covered in the specifications shall be delivered F.O.B. Destination_ A2.6 The City may accept any item or group of items on any bid unless the offeror qualifies his bid by specific limitations. A2.7 Bidders are requested not to contact the City Commission, requesting/evaluating Departments or Divisions after bids are opened. Any questions from bidders or evaluating. Departments or Divisions will be answered through the Procurement Division. A2.8 If not bidding any or all items, please so state. A2.9 Bidders are expected to examine the specifications, delivery schedule, bid prices, extensions and all instructions pertaining to supplies and services. In the event of extension error(s), the unit price will prevail and the Bidder's total offer will be corrected accordingly. In the event of addition errors, the extended totals will prevail and the Bidder's total will be corrected accordingly. Bids having erasures or corrections must be initialed in ink by the Bidder. A2.10 Failure to comply with these instructions may result in disqualification of your bid. Finn Name Authorized Signature (Manual) Name/Title (Please Print) Date Email Address Z15 - 3Z2 -7-35, 7 Telephone Number Facsimile Number Any questions regarding this Invitation to Bid should be addressed to the Procurement & Contracting Services Office, City of Stuart, Florida. Contact Purchasing: Email: and fax # (772) 600-0134. ITB No --2015-293 _ _ _ _ __ page 3 Page 193 of 334 B L Payment/Invoicing: No payment will be made for materials ordered without proper purchase order authorization. Payment cannot be made until materials, goods or services have been received and accepted by the City in the quality and quantity ordered. Payment will be accomplished by submission of invoice, in duplicate, with Purchase Order Number referenced thereon and mailed to: Financial Services Department, 121. S.W. Flagler Avenue, Stuart, FL 34994. Payment in advance of receipt of goods or services by the City of Stuart cannot be made. B2. Purchasing Card Program. A. Preferred method of payment is by means of the City of 'Stuart Purchasing Card (VISA). The selected Bidder(s) can tape advantage of this program and in consideration receive payment within several days, instead of the City's policy of Net 30 Days Amer Receipt of Invoice (ARI). B. Bidders are requested to acknowledge acceptance of purchasing VISA card on the Bid Schedule. In the event of failure on the part of the Bidder to make this statement, the City shall assume the purchase or Contract price shall be governed by the Net 30 ARL C. The City of Stuart offers bidders who commit to accepting the Purchasing Card as payment, a one percent (1%) reduction in their bid -price for evaluation purposes only. When evaluating prices submitted by bidders in response to this solicitation, the total offered price of a bidder committed to accepting the Purchasing Card will be reduced by one percent, the resulting number is then compared to the other bidders' offered price. If the committed bidder is awarded the contract, the award will be at the original bid price. B3. Fund Availability: Any contract resulting from this solicitation is deemed effective only to the extent of appropriations available. B4. Permits/Licenses/Fees: Any permits, licenses or fees required will be the responsibility of the successful bidder, no separate payment will be made. Adherence to all applicable code regulations (Federal, State, County, City), are the responsibility of the successful bidder. Confined space permit may be required from the City of Stuart. Please see Section B23. Safety Standards. B5. Taxes: The City of Stuart does not pay Federal excise or State sales taxes. Our tax exemption number is 85-80127401590-6. B6. Warranty: The bidder shall state the warranty offered against defective workmanship and material, if required, as specified in Section C -Special Provisions.. B7. Independent Pricing: By submission of this bid, the bidder certifies, and in the case of a joint bid each party thereto certifies as to its own organization, that in connection with this procurement: ITB No. 2015-293 _ . _ Page 4 Page 194 of 334 A. The prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other offeror or with any competitor for the purpose of restricting competition, or in any other way influencing the competitive arena. B. Unless otherwise required by law, the prices, which have been quoted in this bid, have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly to any offeror or to any competitor. C. No attempt has been made or will be made by the bidder to induce any other person or firm to submit or to not submit a bid for the purpose of restricting competition, or in any other way influencing the competitive arena. B8.. Inspection/Acceptance Title; Inspection and acceptance will be at the City of Stuart's ordering department/division unless otherwise stipulated. Title and risk of loss or damage to all items shall be the responsibility of the vendor until accepted by the using department of the City, unless loss or damage results from negligence by the City or it's using Department. B9. Changes: the City of Stuart reserves the right to order, in writing, changes in the work within the scope of the contract such as change in quantity or delivery schedule. The contractor has the right to request an equitable price adjustment in cases where modifications to the contract under the authority of this clause result in increased costs to the contractor. B 10. Liability: The vendor shall act as an independent contractor and not as an employee of the City of Stuart. The successful bidder is required to indemnify, defend, and hold and save harmless the City, its officers, agents, and employees, from damages arising from the vendor's performance of, or failure to perform, any task or duty required to be performed by the vendor. B 11. Conflict of Interest: All offerors must disclose with their offer the name of any officer, director, or agent who is also an officer or employee of the City of 'Stuart. Further, all bidders must disclose the name of any City officer or employee who owns, directly or indirectly an interest of ten percent (10%) or more of the bidder's firm or any of its branches. Bit. Termination for Convenience: The City of Stuart reserves the right to terminate the Agreement in whole or part by giving the vendor written notice at least thirty (30) days prior to the effective date of the termination. Upon receipt of termination notice from the City, the vendor shall only provide those services specifically approved or directed by the City. All other rights and duties of the parties under the Agreement shall continue during such notice period, and the City of Stuart shall continue to be responsible to the vendor for the payment of any obligations to the extent such responsibility has not been excused by breach or default of the vendor. ITB No 2015-2:93 _ _ _ _ Pale 5 Page 195 of 334 Upon termination, vendor shall bill the City of Stuart for all amounts not previously billed and due the vendor at that time. The vendor shall not be entitled to a professional fee nor to expenses for any work commenced or expenses incurred after the vendor received the notice of termination, unless specifically approved or requested by the City. The vendor shall however, be entitled to payment for services commenced and approved by the City prior to the receipt of notice, or with the express written consent of the City, prior to the effective date of termination.. B13. Termination for Default: The performance of the Agreement maybe terminated by the City of Stuart in accordance with this clause, in whole or in part, in writing, whenever the City shall determine that the contractor has failed to meet performance requirement(s) of the Agreement. B 14. Venue: Any contractual arrangement between. the City of Stuart and the vendor shall be consistent with, and be governed by, the ordinances of Martin County, the City of Stuart, the whole law of the State of Florida, both procedural and substantive, and applicable federal statutes, rules and regulations. Any and all litigation arising under any contractual arrangement shall be brought in the appropriate court in Martin County, Florida. B15. Contract Modifications: In addition to changes made under the changes clause, any contract resulting from this solicitation may be modified within the scope of the contract upon the written and mutual consent of both parties, and approval by appropriate legal bodies in the City of Stuart. B16. The Contract: Notice of award by the City of Stuart will constitute acceptance of the Bid. This bid package, including all terms, conditions and specifications, signed by the successful bidder along with the documentation included in the bidders submittal as required by this Invitation to Bid and other additional materials submitted by the bidder and accepted by the City shall constitute the contract. After notice of award, a valid certificate of insurance shall be issued to the City within 10 days. A purchase order will serve at the contract with an effective date of October 1, 2015. B 17 Force Majeure: Neither party to this agreement shall be liable to the other for any cost or damages if the failure to perform the agreement arises out of causes beyond the control and without the fault or negligence of the parties. Such causes may include, but are not restricted to, acts of God, fires, quarantine restriction, strikes, and freight embargoes. In all cases, the failure to perform must be totally beyond the control and without the fault or negligence of the party. The delivery schedule, if applicable, shall be extended by a period of time equal to the time lost due to such delay. B18. Proposal as Public Domain: All documents and other materials made or received in conjunction with this project will be subject to public disclosure requirements of chapter 119, Florida Statutes. The bid will become part of the public domain upon opening. Vendors shall not submit pages marked "proprietary" or otherwise restricted." ITB No. 2015293 _ _ _ Page - 6 - Page 196 of 334 B19. Equal Opportunity: The City of Stuart recognizes fair and open competition as a basic tenet of public procurement and encourages participation by minority and women owned business enterprises. The City requests minority and women owned business enterprises submit evidence of certification with submittals. B20. Assignment & Subcontracting: The successful bidder will not be permitted to assign its contract with the City, or to subcontract any of the work requirements to be performed without obtaining prior written approval of the City of Stuart. B21. Insurance: The contractor shall, during the entire period of performance of any contract resulting from this solicitation, procure and maintain at least the minimum types of insurance as stipulated in the insurance attachment to this solicitation. Proof of such insurance must be provided to the City prior to beginning any contract performance.. B22. Additional Terms and Conditions: No additional terms and conditions included with the bid response shall be evaluated or considered, any and all such additional terms and conditions shall have no force and effect and are inapplicable to this bid. If submitted either purposely through intent or design or inadvertently appearing separately in transmitting letters, specifications, literature, price lists, or warranties it is understood and agreed the general and special conditions in this solicitation are the only conditions applicable to this bid and the bidders authorized signature affixed to the bid signature section attests to this. B23. Safety Standards: All contractors and sub -contractors shall adhere to all federal, State, County and City safety regulations and requirements. The City of Stuart safety manual is available for use by any vendor contracted to provide services, supplies andJor equipment to the City of Stuart. B24. Public Entity Crimes: Pursuant to the requirements of Section 287, Florida Statutes, all vendors are subject to those provisions pertaining to Public Entity Crimes and the Convicted Vendor List. B25 Public Records: In compliance with F.S. 119.0701 the Professional shall. A. Deep and maintain public records that would ordinarily and necessarily be required by the public agency in order to perform the service. This includes, without limitation, any and all financial, accounting, operational or service records or reports kept, generated or issued as a normal part of the services provided. B. Provide the public with access to these public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. C. Ensure that public records that are considered exempt or confidential, and therefore exempt from public records disclosure requirements, are not disclosed except as authorized by law. ITB No. 2015-293 Page 7 Page 197 of 334 D. Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the Professional upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. E. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency.' F. If the Contractor does not comply with a public records request, the public agency shall enforce the contract provisions in accordance with the Contract. C. SPECIAL PROVISIONS C1. Intent: The City of Stuart is seeking qualified and experienced vendors to furnish and deliver the specified chemicals on an "as needed" basis, in full accordance with the specifications, terms, and conditions contained in this Invitation to Bid (ITB). C2. Minimum Requirements: The bidder should submit the following information with their bid package to be considered responsive in order for the City to fully evaluate the firm's qualifications. Failure to fully submit the requested information may result in the bid being considered non-responsive. A. Bidders are to provide a minimum of three (3) satisfactory references within the past five (5) years of similar accounts and size on the City provided form. Bidder is responsible for verifying correct phone numbers and contact information. Failure to provide accurate data may result in the reference not being obtained or considered. B. Bidder must be an authorized agent, dealer, seller, or distributor for the sale and distribution of product. C. Completion and submission of Questionnaire attached herein. C3. References: As part of the evaluation process, the City may conduct an investigation of references including a record check of consumer affairs complaints. Bidder's submission of bid constitutes acknowledgment of the process and consent to investigate. City is the sole judge in determining Bidder's qualifications. C4. Qualification of Bidders: This bid shall be awarded only to a responsive and responsible bidder, qualified to provide the work specified. Bids will be considered from firms who have adequate personnel and equipment and who are so situated as to perform prompt service. Bids will be considered only from firms which are regularly engaged in the business as described in this bid package; with a record of performance of not less than five (5) years, which have sufficient financial support, equipment, and organization to ensure that they can satisfactorily execute the service if awarded an Agreement under the terms and conditions herein stated. The terms "equipment and organization" as used herein shall be construed to mean a fully equipped and well-established company in line with the best business practice in the industry and as solely determined by the City. ITB No. 20-15-293 page 8 Page 198 of 334 C5. Quality: The City will make the sole determination as to the suitability of goads when quality is a question or concern. C6. Minimum Payment Terms: Minimum payment terms shall be Net 30 days. C7. F.O.B. Point: F.O.B. point is destination for all deliveries. (See Section E5). C8. Firm Prices: The prices offered shall remain firm for the period of any agreement reached as a result of this invitation to bid. C9. Other Entity Use: The successful bidder(s) may be requested to convey their bid prices, contract terms and conditions, to municipalities or other governmental agencies within the State of Florida. CIO. Silence of Specifications: The apparent silence of these specifications and any addenda hereto, as to any details; or the omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail and that the service provided shall be complete and without additional requirement to the utilizing public entity. All interpretations of these specifications shall be made upon the basis of this statement. C11. Attachments: There are five (5) attachments to this Invitation to Bid. The successful bidder must comply with attachments as follows: Attachment A Insurance Requirements Proof of ability to obtain insurance to be submitted with bid document. Attachment B Qualifications/Experience of Bidder Attachment C References Attachment D Bidder's Checklist Attachment E Statement of No Bid DI. .Award of Contract: The City of Stuart intends to award to the most responsive responsible bidder with the lowest bid. The purchase order will serve as the notice to proceed. D2. Method of Award: A. The City intends to award this bid on an item by item basis to a Primary bidder. Award of the primary will be determined in order of responsiveness, delivery, acceptance of purchasing card program, materials and service proposed, along with bidder's qualifications, adequate organization, and personnel to ensure prompt and efficient performance of work to the City. After the bid has been awarded, the Primary bidder will be used in every instance of ordering products as long as their firm is capable of delivering the product/material in question within the time specified in this bid. If the Primary bidder is not able to deliver the product in ITB No 2015=293 __ _ page 9 Page 199 of 334 question within the specified time, the City reserves the right to contact the secondary bidder with the subsequent lowest responsive responsible bid accordingly. B. Bidders are required to bid all items in Section E9, Technical Specifications and Bid Form to be considered. Bidder should not reference the words "No charge, N/A, included, etc." on any of the line items. Vendor must identify a monetary amount for each line item. If vendor is not providing a bid price for an item, zero (o) must be designated on that line item. Failure to identify a monetary amount for each item may cause bidder's bid response to be considered non-responsive and rejected. D3. Modifications: This bid shall be awarded only to a responsive and responsible bidder. Bidder hereby certifies that the terms and conditions, including but not limited to, the scope of work have not been altered or modified in any manner. Any modification to this solicitation by the bidder will result in Bidder's response being found non-responsive and thereby disqualified. D4. Best Prices: Award will be made without further negotiation based upon competitive bids; therefore your best price should be submitted in response to this invitation to bid. D5. Rejection of Bids: The City of Stuart reserves the right to reject any or all bids with or without cause when such rejection is in the best interests of the City, at the City's sole determination. The City also reserves the right to reject the bid of a bidder who has previously failed to perform properly or complete on time contracts of a similar nature, or whom investigation shows is not in a position to perform the contract_ D6. Determining Responsibility: In determining responsibility, the following qualifications will be considered by the Procurement & Contracting Services Manager: A. The bidder's ability, capacity and skill to perforin the contract or provide the service within the time specified. B. The reputation, judgment and experience of the bidder. C. The quality of performance of previous contracts or services including previous performance with the City. D. Previous and existing compliance by the bidder with laws and ordinances relating to the contract or service. E. Financial resources of the bidder to perform the contract or provide the service. F. Ability to provide future maintenance and service for the use of the subject of the contract. G. Whether the bidder is in arrears to the City on a debt or contract or is a defaulter on surety to the City, or whether the bidder's taxes or assessments are delinquent. ITB No. 2015-293 _ Page 10 Page 200 of 334 D7. Contract Terms: At all times during the term of the contract, the successful Contractor shall act as an independent Contractor and at no time shall be considered an agent or partner of the City. A. Contract Period: This contract shall be awarded for an initial term of one (1) year subsequent to approval by the City Commission effective October 1, 2015. The contract may be renewed for two (2) additional one year periods provided both the successful bidder and the City agree and all terms and conditions remain the same. Any contract or amendment resulting from this solicitation shall be subject to fund availability and mutual written agreement between the City and the successful bidder. Extension of the contract for additional thirty (30) day periods for the convenience of either party shall be permissible at the mutual consent of both parties. R Option to Extend: The performance period of any contract resulting from this solicitation may be extended upon mutual agreement between the contractor and the City of Stuart with no change in terms or conditions. Any extension of performance period under this provision shall be in one-year increments. The contract may be renewed for two (2) additional one-year periods, provided both parties are in agreement. Total contract length, including individual one-year extensions, shall not exceed three (3) years. Consideration of price increases at each renewal period will be given provided such escalations are reasonable and acceptable to the City. Any price increases must be justified, documented and approved by the City of Stuart. It is also expected that de-escalation of prices will be extended to the City if the market so reflects. C. Contract Amendment: The City may require additional items of a similar nature, but not specifically identified in the contract. The Contractor agrees to provide such items/services, and shall provide the City prices on such additional items or services based upon a formula or method which is the same or similar to that used in establishing the prices in this bid. If the price(s) offered are not acceptable to the City, and the situation cannot be resolved to the satisfaction of the City, the City reserves the right to procure those items/services from other vendors or to cancel the contract. Furthermore, the City reserves the right to delete or revise items and services under this bid at any time during the contract period when and where deemed necessary. Deletions may be made at the sale discretion of the City at any time during the contract period. Items revised must be mutually agreed upon in writing by the Contractor. D. Non Exclusive Contract: Contractor agrees and understands that the contract shall not be construed as an exclusive arrangement and further agrees that the City may, at any time, secure similar or identical services at its sole option. 175. Method of [ordering: A blanket purchase order shall be issued for the term of the award. The department(s) will order requirement(s) on an "as needed" basis. All terms, conditions and prices of the bid are applicable. Only awarded bid items may be purchased. Vendor is to take all necessary steps to insure this requirement. Invoices must reference Purchase Order. D9. Quantities: The quantities specified are based on annual estimates. The City of Stuart ITB No. 2015-293 _ Page I I Page 201 of 334 makes no guarantee regarding the quantity to be purchased and reserves the right to increase or decrease the total quantities, as necessary, to meet actual requirements. D10. Performance: The City heavily monitors the quality and performance of work performed and/or supplies furnished by the awarded vendor for future consideration and/or reference purposes. The City may return, for full credit, any item(s) received which fail to meet the City's performance standards. E. SCOPE OF SERVICE El. General Information: A. The purpose of this bid is to purchase the specified chemicals on an "as needed" basis delivered to designated City of Stuart locations. Chemicals will be ordered on an "as needed" basis for the terra of the agreement. B. Contract shall allow for all labor, materials, supplies, transportation, services and related services to supply chemicals to the City's Water and Water Reclamation Facilities on an "as needed" basis. E2. Material Safety Data Sheet and Certificate of Analysis: : In compliance with Florida's Occupational Safety and Health Statute (Chapter 442) any commodity delivery as a result of this bid must be accompanied by a current MSDS and Certificate of Analysis (COA) with bid package submittal and with each receipt of order. Note: It is incumbent upon all bidders to include information sufficient in detail to allow for an informed decision process. E3. Codes & Regulations: Goods must be in accordance with the following: National Science Foundation (NSF) • American Water Works Association(AWWA) Conformance with any other applicable local codes and standards E4. Contractor Responsibility: A. The bidder shall be responsible for the protection of property in the areas appointed for delivery against spills. Contractor is responsible for clean-up of any 4�{ spills. B. It is hereby made a part of this agreement that before, during and after a public emergency, disaster, hurricane, flood or Act of God that the municipal government, through the City of Stuart, shall require a "first priority" basis for goods and services. It is vital and imperative that the majority of citizens are protected from any emergency situation that threatens public health and safety. ITB No. 2015=293 _ ._ lege 12 Page202 of 334 E5. Delivery Requirements: A. All prices quoted shall be P.O.B. destination, freight prepaid (Bidder pays and bears freight charges, Bidder owns goods in transit and files any claims). The successful bidder shall be fully responsible for any and all travel expenses and/or delivery/transport charges to and from destination. Exact delivery points will be indicated on the purchase order. All bid prices shall be delivered price. The City will not be responsible for separate delivery fees. B. Delivery is requested within 72 hours after receipt of purchase order. Delivery coordination shall be made in advance with the City's Project Manager. No deliveries will be accepted before 7:00am or after 3:O0pm_ Back -orders shall be made known to the City at time of order placement. failure to supply deliveries within requested time period may result in contract cancellation. Delivery locations are as specified below. C. The product shall be delivered on site to two (2) locations: Water Treatment Plant: 1002 Palm Beach Road, Stuart, Florida 34994 Water Reclamation Facility. 301 SE Stypmann Boulevard, Stuart, Florida 34994 E6. Quality Assurance & Returned Goads: .All material shall conform to Florida Department of Transportation Standard Specifications latest edition. The successful bidder upon receipt of a purchase order shall assure the product conveyed is of the correct quantity and meets all specifications of the bid, purchase order and order release. Material, which does not meet bid and purchase order specifications and requirements, including quality standards, shall be subject to return to the vendor, at the expense of the vendor. ET Alternate//Exceptions: The Bidder shall be responsible for reading very carefully, and understanding completely, the requirements and the specifications of the items requested. Any deviation from specifications listed herein must be clearly indicated, otherwise it will be considered that items offered are in strict compliance with these specifications, and the successful bidder will be held responsible therefore; exceptions must be explained in detail on an attached sheet(s) and itemized by number. Any item(s) that does not meet City specifications upon delivery will not be accepted and if the item cannot be brought up to specifications in a reasonable time, the Bidder will be required to compensate the City for the difference in price entailed in going to the next qualified bidder. Bidders offering equivalent items must meet the general design and style given for the "as specified" item. E8. Technical Specifications: The intent of this solicitation is to receive bids for the product specified. The materials specified cannot be substituted with any other materials. City of Stuart personnel shall make all determinations of equipment equivalence and compliance with specifications. Those determinations shall be final. These specifications are based on a particular level of performance required to be responsive to this ITB. Determination of whether an alternate product be offered, a detailed description of specifications must be submitted and included with your bid. failure to comply will result in disqualification of ITB No. 2015-293 _ _ _ Mage 13 Page 203 of 334 the bid submittal as non-responsive. Vendors will describe how they comply when asked to specify their compliance. Technical Specifications Item Chemical Physical Data Individual Compliance Used at No. (Description Shipment WTP Quantities WWTP I Liquid Sodium Density 1.10 1.30, SpG (1.0%) 1.163, 5,000 gallon Yes ❑ No ❑ WTI' Hypochlorite (12%)1.202 combined deliveries, Tanker WVJTP Color: liquid green -yellow Truck Minimum strength of 120 grams per liter (12 trade percent by volume) Contaminant concentration limits: Iron < 0.3 mg/L Copper < 0.3 ing/L Nickel: < 0.3 mg/L Chlorate: < 2,500 mg/L ,. Bromate < 20 mg/L Perchlorate < 20 mg/L Suspended Solids Test Time < 3 minutes The suspended solids in the sodium hypochlorite delivered under this contract shall be minimized and the shipments delivered shall achieve a filtration time of less than 3 minutes for 1,000 mi when applying the "Suspended Solids Quality Test for Bleach Using the Vacuum Filtration„ Method co -developed by Dr. Bernard Bubnis ofNovaChem. 2 Anhydrous SpG 0.62 @ 60 F, pH+ 11.6 (1 N sol. In City owns a 1,000 Yes No WTP Ammonia water) % volatile by volume: 100 gal tank, Solubility in water: 33% @ 68F The average Vapor density: 0.6 @ 32 F delivery size is Metallurgical Grade Anhydrous Ammonia 600 gals/3,000 lbs 3 Ilydrofluosilicic 23 — 25% AWNVA Standard B703-06 300 gallon Yes ❑ No ❑ WTP Acid No more than 0.020% heavy Metals deliveries, Tanker (Mercury, Lead, Bismuth, and Copper 'Truck ML, i° expressed as Lead 4 Quicklirne (Pebble Not less than 92% available CaO 25 ton deliveries, Yes ❑ No ❑ WTP Lime) *Florida SpG — 3.3, pII 11.7 — 12.5 Tanker Truck Lime is Not Slaking rate: 100g in 400g of water shall with pneumatic Acceptable increase temperature from 25C to 72C in unloading, three minutes capability NO Size: 1/8" x 3/8" (maximum of 10% passing a 1/9" screen & nothing retained on '/z" screen) ITB No.. 2015-293 Page 14 Page 204 of 334 5 Hydrochloric Acid 20 Baume, 31.45% active ingredients 55 gallon drums, Yes ❑ No ❑ WTP 31.45% (muriatic 68.55% inert Flat-bed Truck acid) (20 drums) QO a ;'= 6 Sodium Contain not less than 60% phosphorus 50 pound multi- Yes ❑ No ❑ WTP Hexarnetphosphate pentoxide, 26.2 phosphorus, or 80.4% walled, moisture phosphate on an as -is basis, pH of 1% proof bags, solution 5.7 -- 7.3 Enclosed Truck fa The typical order size will be one (1) pallet with lift -gate of 50 bags (50 lbs each). 7 Anionic Dry FBS 73C 50 pound multi- Yes ❑ No [] WTP :Polymer with a 30 walled, moisture positive charge proof bags, Enclosed Truck with lift -gate 500 lbs per order 8 Cationic Liquid FBS 76172 55 gallon drums, Yes ❑ No ❑ WWTP Polymer The cationic liquid polymer at the Water Flat-bed Truck Reclamation Facility is used for sludge with lift -gate dewatering with a belt press, price per gallon sold in 55 gallon containers @ 42% active content 9 Liquid Ferric The liquid Ferric Sulfate shall conform to all 275 gallon semi- Yes ❑ No ❑ WTP Sulfate applicable AWWA/ANSI standards, latest bulk tote bins revisions, including ANSI/AWWA Standard Flat-bed Truck. B406 or the latest revision; "Standard for with lift -gate Ferric Sulfate". The liquid ferric sulfate shall be supplied as aqueous solution d t containing nor less than 12.5% ferric iron and contain no more than 0.1% ferrous iron, all soluble, which is approved for potable water treatment. 10 Liquid Ferric The liquid Ferric Chloride shall conform to 275 gallon semi_ Yes No ❑ WTI' Chloride all applicable AWWA/ANSI standards, bulk tote bins latest revisions including ANSI/AW WA Flat-bed Truck ° Standard 60 certified for use in potable with lift -gate water treatment. ITB No. 2615-293 _ _ Page 15 Page 205 of 334 F. BID SCHEDULE: In accordance with the terms, conditions and specifications, the undersigned bidder hereby submits the following prices for supplying The City of Stuart with the goods and/or services called for in Bid #2015-293. Company Name: Date: 7 1TB No. 2015-293 Page 16F Oetrl�e V (4� A'04 '4.c al -C ver -'^'^(•Lh3' Q4'" tf.�i[: !. 9L:4i.Gtc'i" V+i 1/i' i`iCY�� v1L. .,+":5.t .L'�.3; �. �,` S Ci t -I t'i..l"4 Li`9 Page 206 of 334 Item Description Estimated Unit of Unit Annual No. Quantity Measure Price Price 1m 12% Sodium Hypochlorite, 12.0,000 GAL $ Nn $ #) liquid or a minimum 2 Ammonia (NH3) 18,250 LB $ w:� $ �� •�o LZo 3 Fluoride 3,000 GAL $ °°I" �( 4 Pebble Lime (CaO) ((/Quick 560 TON $ No $ 6� Lime) tc 5 Hydrochloric Acid 31.45% 1,100 GAL $ $ 6 Sodium Hexametaphosphate 19,000 LB $ da $' �l t z 7 Polymer, anionic -granular 2,600 LB $' $ NO 8 Polymer, cationic liquid 1,430 GAL $ N $ ' 9 Liquid Ferric Sulfate 18,000 GAL $ 10c xL $ ;jo 10 Liquid Ferric Chloride 10,400 GAL $ RA $ 4 Items) #; 2. - Overall Total for all items that apply $114,c." -z ; Is Bidder offering the above product as specified? Yes X No Q If No, bidder is to indicate their equivalent below and attach product literature. Item #: Product Item #: Product Item. #: Product Item #: Product F.O.B. Destination: 4 Hours for Delivery after receipt of order (ARO) Company Name: Date: 7 1TB No. 2015-293 Page 16F Oetrl�e V (4� A'04 '4.c al -C ver -'^'^(•Lh3' Q4'" tf.�i[: !. 9L:4i.Gtc'i" V+i 1/i' i`iCY�� v1L. .,+":5.t .L'�.3; �. �,` S Ci t -I t'i..l"4 Li`9 Page 206 of 334 Preferred method of payment is by the City Purchasing Card ("VISA). DO YOU ACCEPT THE PURCHASING CARD (VISA)? Yes F No If you are not the successful bidder awarded as primary provider, would you accept serving as the secondary (backup) provider, with the same tenns as conditions as your bid? Yes A No All Prices will remain firm for a period of forty-five (45) days from the date of Bid opening. The City of Stuart offers bidders who commit to accepting the Purchasing Card, noted above in the Bid Schedule as payment method, a one percent (1/) reduction in their bid price for evaluation purposes only. When evaluating prices submitted by bidders in response to this solicitation, the total offered price of a bidder committed to accepting the Purchasing Card will be reduced by one percent, the resulting number is then compared to the other bidders' offered price. If the committed bidder is awarded the contract, the award will be at the originally bid price.. The undersigned bidder hereby certifies that the invitation to bid has not been altered in any manner; and that bidder has received all the Addenda listed below and has incorporated them into his Bid listed herein. Failure to acknowledge the above requirements will render the bid non- responsive and no further evaluation of the bid will occur. ACKNOWLEDGEMENT IS HEREBY MADE OF RECEIPT OF ADDENDA ISSUED DURING THE SOLICITATION PERIOD: ADDENDUM # THROUGH ADDENDA #Jv!,tA Company Name: 'Tcsooee IWIIIIJY,%*e° 4c; �,.._�. Date: 7 0, S - Name of individual submitting Bid:. !qf, 4 `FAva11 ry- r,� +V, "{" Ercall address: �i�� C g e 5 �^ G;0 x'! C'," ;'ct J, CC, V4 P17: G is- 3 0� i'Z 3 ' AUTHORIZED SIGNATURE. ITB No. 2015-293 _ _ Page 17 Page 207 of 334 ATTACHMENT A It►`(�'� il. r i t ► tl` The successful bidder shall not commence any work in connection with this agreement until it has obtained all of the following types of insurance and the City has approved such insurance. Nor shall the successful bidder allow any subcontractor to commence work on its subcontract until all similar insurance required of the subcontractor has been so obtained and approved. Proof of the following insurance will be furnished by the successful bidder by Certificate of Insurance, which names the bidder, its officers, board members, employees and agents as additional insured on General Liability and Automobile Liability insurance policies. Such certificate must contain a provision for notification of the City 30 days in advance of any material change or cancellation. The City by and through its Risk Manager, reserves the right to review, modify, reject or accept any required policies of insurance, including limits coverages or endorsements, herein from time to time throughout the term of this contract. All insurance carriers must have an A.M. Best Rating of at least A: VII or better. When a self-insured retention or deductible exceeds $5,000, the City reserves the right, but not the obligation, to review and request a copy of bidder's most recent annual report or audited financial statement, All contractors including any independent contractors and subcontractors utilized must comply with the following insurance requirements: 1. Commercial General Liability including Bodily Injury/Property Damage, Personal & Advertising Injury and Products/Completed Operations coverage for at least $5,000,000 Limit per claim. Products Liability shall extend coverage for pollution conditions that arise from chemicals manufactured, sold or distributed. The City shall be included as Additional Insured and policy shall contain a waiver of subrogation rights endorsement and coverage should respond as primary. If the policy is written on a claims made basis, the retroactive date shall be prior to or equal to the effective date of this contract. In the event the policy is canceled, non -renewed, switched to an occurrence form or there is a change in the retroactive date, the distributor shall purchase an extended reporting period rider during the life of the agreement of not less than 3 years. 2. Pollution Liability and Remediation Legal Liability coverage for at least $5,000,000 Limit per claim. This shall provide coverage for loss, remediation expense and legal defense expense for sudden and gradual pollution conditions. The City shall be included as Additional Insured, policy shall contain a waiver of subrogation rights endorsement and coverage should respond as primary. If the policy is written on a claims made basis, the retroactive date shall be prior to or equal to the effective date of this contract. In the event the policy is canceled, non -renewed, switched to an occurrence form or there is a. change in the retroactive date, the distributor shall purchase an extended reporting period rider during the life of the agreement of not less than 3 years. ITB No. 2015-293 _ Page 1.8 . Page 208 of 334 3. Commercial Auto Liability with limit of at least $1,000,000 per occurrence which provides coverage for any auto (owned, hired and non -owned) and shall not contain any exclusion for pollution legal liability as respects the transportation, loading and unloading of chemicals. The City shall be included as Additional Insured and the policy should contain a waiver of subrogation rights endorsement. 4. Worker's Compensation Insurance: The Contractor/Lessee/Service Provider shall take out and maintain during the life of this Agreement, Worker's Compensation. Insurance with limits equal to Florida Statutory requirements. Employers liability must include limits of at least $1,000,000 each accident, $1,000,000 each disease/employee, $1,000,000 each disease/maximum. A waiver of subrogation must be provided. Coverage should apply on a primary basis. Should scope of work performed by contractor qualify its employee for benefits under Federal Workers Compensation Statute, proof of appropriate Federal Act Coverage must be provided. 5. Loss Deductible Clause. The City shall be exempt from, and in no way liable for, any sures of money which may represent a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the Contractor and/or subcontractor providing such insurance. 6. Certificates of Insurance: The Contractor upon notice of award will furnish Certificate of Insurance Farm within ten (10) days. These shall be completed by the authorized Resident Agent and returned to the Office of the Purchasing Manager. This certificate shall be dated and show: (a) The name of the insured contractor, the specified job by name and job number, the name of insurer, the number of the policy, its effective date, and its termination date. (b) Statement that the Insurer will mail notice to the City at least thirty (30) days prior to any material changes in provisions or cancellation of the policy. (c) City shall be listed as Additional Insured on Commercial General Liability Insurance, Automobile Liability Insurance. NOTE: The City can decrease or increase these limits, depending on the project, at its sole discretion. Any insurance provided which does not meet the above requirements will not be deemed acceptable under the terms of this contract unless accepted in writing by the City's Risk Manager. ITB No. 2015-293 Page 19 Page 209 of 334 IOW"Ma[ . ►1 THIS IS A f'ILLABLE FORM Part A - Qualifications Questionnaire Information provided shall fully explain the firm's qualifications and experience of their Organization to provide chemicals for the City as stated below: (Bidders may attach additional sheets, if necessary). Provide supporting documentation that Bidder is an authorized agent, dealer, seller, or distributer for the sale and distribution of product. Is supporting documentation included? Yes NJ No ❑ Part B — Other Information T. Contractor to provide details of uniform and identification wom by employees. 2. Provide office hours and contact information of staff responsible for coordination of services. Monday through Friday basis from (7:00 a.m. through 3:00 p.m.) Zq In .x i 900 -643 , 4Z27� acLj 4Le prey -A -L3 3. Please provide 24-hour Emergency Contact Information if different than above: 4. Dumber of year's organization has been in business. "� f 5. Have you any similar work in progress at this time? Yes X No 6. Submission of quality control program: Yes [4 No 7. Submission of Safety program: Yes 2 No ❑ Company Name Tutu &I 'g�,; yz ;'c' s 1 o c ITB No. 2015-293 __ _ _ Page 20 Page 210 of 334 ATTACHMENT C Provide three (3) satisfactory references within the past five (5) years of similar complexity, nature, and size of this project. #1 REFERENCE Company/EntityName: C+� C'fiCAV LICA C tA Address ico City C�enctt State r-1- Zip Code 31�jqq Contact Name: ToG iA OLAItivA Title: Phone No:( g61 1143 - 13 P 9 Fax:( Email: - Delivery Date: - Location --------- Type of Product Supplied Cvnde AA�ydru�Amk-e�-J#'e4 Governmental Private Dollar Value of Contract $ 42 REFERENCES Company/Entity Name: CV L4 t, 0 01 CA Address 3 q q Hc 1!,1 a, v ,( a 1v City 1 "0 1 A 'State f-1, Zip Code ->'30'Z2 Contact Name: )v-, 0,1 1 LI 0 LWI Title: Ckie-r' OpercJc�'- Phone No:( q S -q q t'7 -4'1;uFax:{ (I Email: CliA I 'ICY LI.J C' ine Y Delivery Date: --.-.�----- Location Type of Product Supplied overnmenta or Private Dollar Value of Contract $ 93 REFERENCES Company/Entity Name: C, 9 i C -,v A Ili 0" f ell 4 Address ZL,) I Se i imq .eve,, vc City E"011(woccl State FL, ZipCode A. Contact Name: Title: L-ec,&( Operri-jvi- Phone No:( 9 q 0 0 LI ( Fax:( Email:' LI vtF/e of Delivery Date: - Location Type of Product Supplied J C A, pp Governments or Private Dollar Value of Contract $ Company Name -T4 ITB No. 2015-2-93 Page 21 Page 211 of 334 ATTACHMENT D BIDDERS CHECKLIST This checklist is provided to assist each Bidder in the preparation of their bid response. Included in this checklist are important requirements, which is the responsibility of each Bidder to submit with their response in order to make their response fully compliant. This checklist is only a guideline— it is the responsibility of each Bidder to read and comply with the Invitation to Bid in its entirety. Is Bid envelope marked accordingly? Yes A No ❑ Is Invitation to Bid cover page (page 1) completed, signed and attached? Yes A No ❑ Is copy of bidder's valid Business Tax Receipt submitted? Yes 0 No ❑ Is Bid Schedule Form completed, signed and attached? Yes M No Is safety report and Quality program included? Yes No Is bid submitted in triplicate (one original, two copies) ? Yes R No ❑ Bidder must submit proof that their firm name is registered, with their State of origin Yes FA No F] Is proof of insurance included? Yes d No ❑ Is minimum Qualification of Bidders/Questionnaire information included? Yes N No ❑ Is Reference Form completed and enclosed? Yes [A No F] Is MSDS or COA submitted? Yes W No ❑ Are addendum (if any issued) signed and submitted? Yes FA No ❑ Submit a copy of all Licenses, Certificates, or Registrations, held by Bidder Yes n No Fj Is W-9 Form completed, signed and attached? Yes No All prices have been reviewed for mathematical accuracy, all price corrections initialed, and all price extensions and totals thoroughly checked. Yes No Company Name alflcr —T -A 4 MEREMEM ITB No. 2015-293 _ _ Page 22 Page 212 of 334 ATTACHMENT E STATEMENT OF "Na BIDS, If you do not intend to bid on this requirement, please complete and return this form prior to date shown for receipt of bids to: The City of Stuart Procurement & Contracting Services Office, 121 S.W. Flagler Avenue, Stuart, Florida 34994. We have declined to bid on this solicitation for the following reasons. ❑ Specifications too "restrictive", i.e., geared toward one brand or manufacturer (please explain below) ❑ Insufficient time to respond to Invitation to Bid. ❑ We do not offer this product or equivalent. ❑ Our project schedule would not permit us to perform. ❑ Unable to meet specifications. ❑] Unable to meet bond requirements.. ❑ Specifications unclear (please explain below). ❑ Other (please specify below). 149108011 WE UNDERSTAND THAT IF THE "NO BID" LETTER IS NOT EXECUTED AND RETURNED, OUR NAME MAY BE DELETED FROM THE LIST OF (QUALIFIED BIDDERS FOR TIE CITY OF STUART FOR FUTURE PROJECTS. Typed Name and Title Company Name Address Signature Title Telephone Number Date ITB No. 2015-293 Page 23 Page 213 of 334 Tanner Industries, Inc. exceptions taken for Bid #2015-293 1310. Liability: The vendor shall act as an independent contractor and not as an employee of the City of Stuart. The successful bidder is required to indemnify, defend, and hold and save harmless the City, its officers, agents, and employees, from damages arising from the vendor's negligent performance of, ornegligent failure to perform, any task or duty required to be performed by the vendor. 1, - I WINC11' NO -I MDl I'll, VA IN E4. Contractor Responsibility: A. The bidder shall be responsible for the protection of property in the areas appointed for delivery against spills. Contractor is responsible for clean-up of any spills to the extent caused by contractor_ Page 214 of 334 THIS CERTIFICATE IS ISSUER AS A MATTER OF INFORMATION ONL CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITU REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: tf the Gertifleate hour Is an ADDITIONAL INSURED, the the terms and conditions of the pollcy, certain policies may require an e Certificate holder In lieu of such endorsement(s). PRODUCER Commercial Lines - (810) 205-6120 Wells Fargo Insurance Services USA„ Inc. 1418 W. 9th Avenue, Suite 100 Bing of Prussia, PA 19406 INSURED Tanner Industries, Inc. 735 Davisvilie Read Third Floor Southampton PA 18966-3200 DATE BILITY INSURANCE 61112015 AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS EXTEND OR ALTER THE COVERAGE AFFORDE13 BY THE POLICIES TE A CONTRACT BETWEEN THE iSSUING INSURER(S), AUTHORIZED policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to ndorsement, A statement on this certificate does not confer rights to the co ACT Jud Lee NAME: y PHONE FYr €'110-245-6160 FAX . N.1. 866-851-9120 o Imo: judy.lee4@vrel[S€atga_Com INSURER(S) AFFORDING COVERAGE NAIG9 INSURERA: Nautilus Insurance Company 17370 INSURER B: Starr Indemnity and Liability Company 38318 INSURER t:: Aspen Specialty Insurance Co 10717 INSURER 0: _. INSURER E: INSURER F t THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBES} HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED SY PAID CLAIMS. _-. DDI BR. _. . F0Uc17' EFF PdE1-G E P Ii—tFt TYPE OF INSURANCE POLICY NUMBER R ^YYY LIMITS A X COMMERML 69MERAL UABILITY X C:LNIMS-M&DE 0 OCCUR GLP2011827-12 06/0112016 06/0112016 EACH OCCURRENCE 1,000.0m - un kGE T idEN'TED PREMISES En occuvrence � 30D,QQQ -- MED EXP (Any one perwn) $ 10.QQ4 PERSONAL & ADV INJURY $ 1.006,400 GEN'LAGGREGATELIMIT APPLIES PER, GENERAL AGGREGATE $ 2444,446 PRODUCTS -COMPIOPAGG S ZOK.000 PRATT I "` E I .` I LOG POLICY JEG S _ taTiiER;COM81NF4 AUTOMOBILE LMILRY SISIPCA08333115 0610112015 061011201'6 SINGLE LIMIT Eaa�I.�e�! B BODILY INJURY (Per persnnl S X ANY ALTO . BODILY INJURY tPor=COOnl)' S ALL OWNEDSCH(DULED AUTOS HIRED�AUTOS A.UTOSWN� I PkOPERlrbAMAGE Peraocfdeml: � S C X UMtiRELLALIA6 EXCESS LIAB OCCUR CLAIMS -MADE EXACJ4J15 0610112415 06/0112016 EACH OCCURRENCE $ 1s;6oa,44Q AGGREGATE 3 1 , Q DED RETEi•6rION S WORKERS COMPENSATION AND 1=NPLOYERS• LIAeILI3V ANY PROPRIFTORIPARTNERIE7IECliTIUE Y❑ S ? 5TA UTE p�gH- i 100 175130 0610112015 061Q112416 1.,4QQ,iYOQ E.L. EACH ACCIDENT Is y.,J,. I=.L DSEEASE. - EA. EMPLOYE - OFFICEREMBER EXCLUDED? VM (110Th; a" In MH) If ye&, rtasCllba under DESCRIPTION OF OPERATIONS tralovr NIA E.L. OISEA;S♦e - POLICy LIMIT 5 1,444,044 I DESCRIPTION OF OPERATIONS d LOCATIONS I VLBICLES (ACORD Jai, Additional Ramarlu Schadula, may ba aftchad It main apaw Is required) Evidence of Insurance Only Tanner Industries. ]arc. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES 13E CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 735 Davisville Road. Third Floor ACCORDANCE WITH THE POLICY PROVISIONS. Southarnpion ISA 18966 AUTHORS REPRESENTATIVE ` _... Y^a[ti S9R[SATIf1as AIF �:...LS..-� .w.i AGORD 25 (2014101) 11111111111111111111111111111111 11 oil 11111111111111111111111111111111 hill 11111 -CYS01=N=21&02MQ?aV0' Page 215 of 334 is local business tax receipt is in addition to and not in lieu of any other tax required by law or municipal ordinance. Businesses are subject to regulation of zoning, health and other iful authorities. This receipt is valid from, October I through September 30 of receipt year. Delinquent penalty is added October 1. 2014 EXPIRES 913012016 3501 DISTRIBUTOR -AMMONIA $X00 1 EMPLOYEE `TOTAL TAX $30.00 TANNER STEPHEN B PREVIOUSLY PAID $36-00 TOTAL DUE $0-00 TANNER INDUSTRIES TANNER STEPHEN B 735 DAVISVILLE RD 3RD FLR SOUTHHAMPTON PA 189(56-3276 2530 VULCAN RD U - APOPKA, 32703 3501-0972544 PAID: $30.00 0099-00649462 211512014 flax, ---- . ..... Local EWsln s Tax Rem[ ►-Ma Pt r.ott Randolph Tax, Colloctor y F s local business tax receipt as iri adtrori Sri antl nnt'n lieu of any anther tax requi�ecl, by levy or mraniciaal ir edtdr6gukffion&fz6hip� h arid. other #ul .aratboriiies: This rer ipt es vain from October 1 tlirougij Sej�terrsber3a of reeelpt.year. ' t " an Delinq0 Odfialtwisddd&dtict eet,' EXPIRES 913.064' 35131-087 .44 3501 g18TRI8UTOR-Ammbfq!A $30.13C i EMPLQN TOTAL, TAX OREMOUS.Ly PA16 00-cf0: TOTAIL b E $06 Rd. 1J ' _ . A 'P KA,32703 PAIP7 $30-00- 00R9-6106.0.462 911512014 STEPHEN[ Ill t�NNEPZ IVDU STRitS tANNE-RSTEPHEN'13 735 DAVISVJLLE RD 3RD FLR SOUTHHAMPTON PA T 961673216 - This receipt is official when validated by the Tax Collector. Ci,s,q,J tri OL CE-tJ —1Ay1j_J6eT4;d 6'0 M P L 1 A 0 CIE YCW(ED a1 i- L� U e 0 t, TM Page 216 of 334 101"fel-4-:1 TO ALL WHOM THESE PRESENTS SHALL COME, GREETING: is duly incorporated as a Pennsylvania Corporation under the laws of the Commonwealth of Pennsylvania and remains a subsisting corporation so far as the records of this office show, as of the date herein. I DO FURTHER CERTIFY THAT, This Subsistence Certificate shall not imply that all fees, taxes, and penalties owed to the Commonwealth of Pennsylvania are paid. Fc IN TESTIMONY WHEREOF, I have hereunto set my hand and caused the Sea[ of the Secretary's Office to be affixed, the day and year above written. Secretary of the Commonwealth Certification Number: 1 21 941 77-1 Verify this certificate online at http:lfv*vw.corporations.state.pa.us/corpIterify.asp Page 217 of 334 Form Request for Taxpayer Give Form to the (Rev.December Identification Number and Certification requester. not Department ntofth2rea of tate Treasury I send t0 �,� Ifs Internal Revenue Service I Name (as shown on your income tax return). Name is required on this line; do not leave this line blank. Tanner Industries, Inc. 2 Business nameldisregarded entity name, 9 different from above m ro c3 L: _ 3 Check appropriate box for federal tax classification; check only one of the following seven boxes: 4 Exemptions (codes apply only to o v> ❑ Individual/sale proprietor or ❑ C Corporation ❑✓ S Corporation Partnership F ❑ p ❑ Trust/estate certain entities, not individuals; see instructions an page 3):. mc 0 o single -member LLC ❑Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=partnership) ► Exempt payee code (if any) ea Note. For a single -member LLC that is disregarded, do not check LLG; check the g g pprapriate box in the line above for Exemption from FATCA reporting the tax classification of the single -member owner. code (if any) li c ❑ Other (see instructions) 10, f4wauestoa= tsmaintainedoutsideth•u.s.) :5 5 Address (number, street, and apt. or suite no.) Requester's name and address (optional) 735 Davisville Road T Fr City, state, and ZIP code W Southampton, PA 18966 7 List account numbers) here (optional) Taxpayer identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given online 1 to avoid Social security number backup withholding_ For individuals, this is generally your social security number (SSN)_ However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other _M — entities, it is your employer identification number (Elhl). If you do not have a number, see Hour to get a TIN on page 3. or Neste. If the account is in more than one name, see the instructions for line 1 and the chart on page 4 for Employer identification number guidelines on whose number to enter. I—I--1 9"MMM0000a j . Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. 1 am a U.S. citizen or other U.S. person (defined below), and 4. The FATCA codes) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above it you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply- For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions on page 3,. Signature of n Here U.S. person I► I %, - 1. pates f Section references are to the Internal Revenue Code unless otherwise noted. Future developments. Information about developments affecting Form W-9 (such as legislation enacted after we release 4) is at www.irs.gov1fw9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATILT), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following: • Form 10199 -INT (interest earned or paid) • Forma 1099 -[SIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1088-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan Interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S, person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding? an page 2. By signing the filled' -out form, you: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be Issued), 2_ Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S, exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership 'income from a U.S. trade or business is not subject to the withholding tact an foreign partners' share of effectively connected income, and 4. Certify that FATCA code(s) entered on this form (if any) indicating that you are exempt from the FATCA reporting, is correct. See What is FATCA reporting? on page 2 for further information. Cat. No. 10231X Form W-9 (Rev. 12-2014) Page 218 of 334 TANNER INDUSTRIESINC, 735 DAVISVILLE ROAD, THIRD FLOOR SOUTHAMPTON, PA 18966-3200 215-322-1238 FAX 215-322-7791 ww,tannerind.com It is the objective of Tanner Industries, Inc. to provide a safe and healthy work environment to protect all of our employees, the public, and the environment. To accomplish this objective, Tanner Industries, Inc. will comply with all current federal, State, and local health, safety, and environmental laws. We will develop the best possible operational processes, procedures, and policies to eliminate or control both known and potential safety, health, and environmental hazards. Health and safety are shared responsibilities. Each employee, from top management to supervisors to each worker, must take ownership of their own safety and that of co- workers. Each employee is responsible for recognizing health and safety hazards and to correct them or report them to their supervisor in a timely manner. To fulfill these goals, management will: Develop and enforce safety and health rules, as well as good management practices, and by requiring all employees to cooperate with these rules and practices as a condition of employment. A copy of the safety rules are located in the Corporate Safety Manual, and management practices are located in the Process Safety Management Manual, which are available at each facility. Train all employees. Each employee will be trained according to the requirements of OSHA, DOT, EPA, and Company rules pertaining to their respective jobs, A copy of each employee's training record will be maintained at the Corporate office. Each employee must follow all the health and safety policies and procedures required by their specific job functions. Eliminate or reduce health and safety hazards. Hazards that cannot be completely eliminated will be reduced through engineering or administrative controls, and through the use of personal protective equipment. Provide personal protective equipment. All protective equipment must meet OSHA and / or ANSI requirements. Tanner Industries, Inc. is legally and morally bound to make sure that all employees wear the appropriate protective equipment at the proper time and in the proper environment. • Establish a Corporate Safety Committee to oversee safety and health activities.. 1 14 DIVISIONS NATIONAL AMMONIA., BOWER AMMONIA AND CHEMICAL, NORTHEASTERN AMMONIA, HAMLER IWag T of 334 We have implemented a program. called Responsible Distribution (RD). Responsible Distribution is a comprehensive duality program dedicated to protecting the health and safety of employees, communities, and the environment and was developed by the National Association of Chemical Distributors (NACD). It is comprised of various codes and sub codes of management practice which are documented and implemented. It is a condition of membership with NACD and the program is third party verified to ensure all codes of management practice policies and procedures are documented and implemented. We have successfully passed third party verifications for RD since 1995. Past verifications were completed by Underwriters Laboratories, Inc. (documentation verification - 1995), Science Applications International Corporation (SAIC), barker & Associates (on site management systems verifications - 1999 & 2005) and Eagle Group conducted RD verifications in 2007, 2010 and most recently in January 2015. We have maintained our RD certification as a condition of membership in NACD since RD's inception in 1992. NACD can verify that Tanner is a member in good standing, which means we are implementing our RD management system. This check may be conducted at www.nacd.corrr. Tanner Industries employs about 116 personnel and operates approximately 16 facilities throughout the country. The work that Tanner's employees perform at plants and at deliveries is labor intensive. It involves connecting hoses, moving equipment, raising trailers, using hand tools, etc. This work can result in spram/strain type of injuries. Below are the incident rates for: the past three years, including 2015. Year Recordable Incident Last Time Rate Rate Hours Worked 2015 YTD 2.18 0.00 142294 2014 .077 0.77 258440 2018 2.26 0.75 2618693 2012 2.18 0.73 275704 Our continuing goal for our safety performance is, at a minimum, being at or below our industry's classification group's ratings for OSHA recordable rates. From 2012 through 2014 we have succeeded in being below the OSHA recordable rates for similar industries. In order to help support our continuing improvement process we maintain the following initiatives: • We conduct monthly documented safety equipment inspections. • We complete annual facility safety inspections at our plants. • We maintain fall protection at our plant sites. • We continue to review all injuries, accidents, incidents and near misses with the safety representatives at corporate and site safety committee meetings. • We have added "Days Since Last OSHA Recordable Injury" signs to our plants to help raise and maintain awareness of our safety performance. 2 14 Page 220 of 334 • We distribute weekly safety postings to all plants. The communication includes safety messages and reminders and highlights any safety and/or security incidents with reminders for the prevention of similar incidents. This information has been strearnlioed for easier reading by field personnel and the weekly interval provides more current data in relation to incidents, injuries and near misses. It also provides a mechanism for quick hit safety reminders. Iri 2011 we piloted a ride a long program with our drivers. This involves management personnel riding a long with drivers and attending deliveries at periodic intervals. The purpose of this review will be to ensure personnel are performing all dirties appropriately, such as appropriate checklist completion, being aware of potential hazards, following documented delivery procedures, etc. It also provides an opportunity for coaching and guidance with a focus on safety if needed as well as a feedback mechanism for potential improvement. A similar walk a long program for plant operations has since been implemented. We have established and implemented communication with all employees on our 3 pillars of safety — like 3 legs on a stool if a leg is missing the stool will not be able to stand. 1) Personal Accountability — ensure you are following SOPS, wearing proper PPE at all required times, reporting any unsafe conditions, planning for potential hazards, communicating with the office. 2) Awareness — Recognize and Identify Potential Hazards — completing the proper checks and checklists, attention to signage, see the whole play and try not to tunnel vision — are there any potential hazards around ?, think before acting, stretch if needed after a long drive, using proper lifting techniques, proper ladder use, secure footing. 3) Management Support -- know that you have our full support, communicate any problems or issues, communicate if there is any question on the proper method or proper procedure. Tanner Industries DOT Safety performance involving DOT roadside inspections has been much better than the national average for companies transporting hazardous materials. In the past 24 months (from. July 2013) the national average of the percentage of vehicles placed out of service at DOT inspections has been 20.7%. Our average has been 5.2%. In looking at hazardous material inspections" the national average has been 4.5% and our rating has been 1.4%. In relation to driver inspections the national average has been 5.5 1 % and our drivers have rated at 1.2%. Our statistics reveal that we have performed 3 to 4 times better than the national averages. P 11 Page 221 of 334 Tanner Industries, Inc. Mission Statement Our mission is to constantly improve our products and services to meet/exceed our customer needs, to distribute our product in a safe, efficient, and environmentally responsible manner, and 'generate a reasonable return in order to provide continuity for the business and employment for our employees. Questions concerning our safety program can be directed to: Harold Siver Safety Manager Telephone: 215-322-1.238 x2390 Mobile: 215-910-0622 Fax: 215-526-7814 E -Mail: hsiverCaAannerind.com Page 222 of 334 TANTNE R INDUSTRIE, INi 735 DAVISVILLE ROAD, THIRD FLOOR SOUTHAMPTON, PA 18966-3200 215-322-1238 FAX 215-322-7791 www.tannerind.com July 21, 2015 To whom it may concern, While Tanner Industries, Inc. is not third party ISO certified, our company is committed to Responsible Distribution (RD). Responsible Distribution is a comprehensive quality program dedicated to protecting the health and safety of employees, communities, and the environment and was developed by the National Association of Chemical Distributors (NACD). It is a condition of membership with NACD and the program is third party verified to ensure all codes of management practice policies and procedures are documented and ' lemented. We have successfully passed third party verifications for RD since 1995. Lmp Past verifications were, completed by Underwriters Laboratories, Inc. (documentation verification - 1995), Science Applications International Corporation (SAIC), Parker & Associates (on site management systems verifications - 1999. & 2003) and Eagle Group, conducted RD verifications in 2007, May 2010, and most recently January 2015. We have maintained our RD certification as a condition of membership in NACD. NACD can verify that Tanner is a member in good standing, which means we are implementing our RD management system. This check may be conducted at www.naed.com, Responsible Distribution is a comprehensive quality program dedicated to protecting the health and safety of employees, communities, and the environment in addition to RD we have also implemented aspects ofthc ISO 9001 series quality model. We have documented procedures and policies in an ISO fbjmat, we verify all incoming raw material, and have documented customer complaint procedures. We have generated a Quality Manual, which contains our company Mission Statement as well as applicable quality process procedures not addressed in our RD manual. We look forward to continuing to work with you as partners in quality and safety, and if you have any questions, or require finther inhornation, please contact me. Sincerely, TANNER INDUSTRIES, INC., Shawn P. Malone Manager of Quality and Regulatory Affairs DIVISIONS NATIONAL AMMONIA, BOWER AMMONIA AND CHEMICAL, NORTHEASTERN ANAMONIA. HAMLER INDUSTRIES Page 223 of 334 Nix Cx r1 F�f r1_'7"r'-_1'TCATz ,I. A.. I I J UOIN FO RIL,MANCE TAIS CERTIFIES THAT au.. er Industries, Inc, Has successfully diemonstrated its commitment'to Responsible Di& Mu.7_9 w - forth by the National Association of Chemical Distributors (NACD) through successful completion of its third -party on-site verificatioll for the 5th Cycle (January 1, 2014 - December 3 1, 20 16) Michael Lanp, Vice President, Responsible Distribution I 1.1 Issue Date Clyde H. Pearch, President Page 224 of 334 I I E Page 225 of 234 - > TANNER INDUSTRUJINC, 735 DAVPSVELLE ROAD, THIRD FLOOR SOUTHAMPTON, PA 18966-3200 215-322-1238 FAX 215-322-7791 www,tannerind.com Revision: August 01, 2009 Supercedes: dune 01, 2001 Approval: QC/Q DIVISIONS NATIONAL AMMONIA, BOWER AMMONIA AND CHEMICAL, NORTHEASTERN AMMONIA, HAMLER INDUS(R'IES Page 226 of 334 -4 Tanner Industries, inc. Section 1. Identification Product Name: Synonyms: CAS REGISTRY N(1. Supplier: Website: Telephone (General): Corporate Emergency Telephone Number: Emergency Telephone Number: Recommended Use: Section 2: Hazards Identification. SAFETY DATA SHEET Ammonia, Anhydrous Ammonia. 7664-41-7 Tanner Industries, Inc. 735 Davisville Road, Third Floor Southampton, PA 18966 rv;t ��.wnneririd.com 215-322-1238 800-643-6226 Chetntrec: 800-424-9300 Various Industrial /.Agricultural Hazard: Acute Toxicity, Corrosive, Gases Under Pressure, Flammable Gas, Acute Aquatic Toxicity Classification: Acute Toxicity, Inhalation (Category 4) Skin Corrosion/ Irritation (Category 1B) Serious Eye Damage f Irritation (Category 1) Gases Under Pressure (Liquefied gas) Flammable Gases (Category 2) Acute Aquatic Toxicity (Category 1) Pictogram: Note. (I - Most Severe / 4 - Least Severe) Signal word: Danger Hazard statements: Harmful if inhaled. Causes severe skin burns and serious eye damage. Flammable gas. Contains gas raider pressure; may explode if heated. Very toxic to aquatic life. Precautionary statements: Avoid breathing gas/vapors. Use only outdoors or in well -ventilated area. Wear protective gloves, protective clothing, eye protection, face protection. Deep away from heat, sparks, open flames and other ignition sources. No smoking. Revision: May 1, 2015 Anhydrous Ammonia Page i of 8 Page 227 of 334 Precautionary statements (continued): IF INHALED: Remove person to fresh air and keep comfortable for breathing_ Call a doctor/pbysician and seek medical attention for severe exposure or if symptoms persist. Specific treatment, see supplemental first aid instructions in Section 4 (First Aid Measures).. IF ON SKIN: Rinse immediately with plenty of water before removing clothes, Contaminated clothing could possibly be frozen to skin. Rinse skin with water or shower (minimum of 20 minutes). Specific treatment, see supplemental first aid instructions in Section 4 (First Aid Measures). IF IN EYES: Immediately call a doctor/physician and seek medical attention. Rinse continuously with water for several minutes (minimum of 20 minutes). Specific treatment, see supplemental .first aid instructions in Section 4 (First Aid Measures), Wash contaminated clothing before reuse. Store in a well -ventilated place. Keep container tightly closed. Protect from. sunlight. Store locked up. In case of leakage: Eliminate all ignition sources, if safe to do so. In case of leaking gas fire: Stop flow of gas before extinguishing. Dispose of contents/container in accordance with local, regional, national, international regulations as applicable. See section 13 (Disposal Considerations). NFPA Rating: NFPA Numbering System: 4 = Least Hazardous / 4 = Most Hazardous Section 3. Composition /1n€ormation on Ingredients CHEMICAL NAME: Ammonia, Anhydrous CAS REGISTRY NO: 7664-41-7 SYNONYMS: Ammonia CHEMICAL FAMILY: Inorganic nitrogen compounds COMPOSITION: 99+% Ammonia Section 4. First Aid Measures I411'VVIIS Classification: IIMIS Hazard Index: 0 = Minimal, I = Slight, 2 = Moderate, 3 = Serious, 4 = Severe IF INHALED; Immediately remove person to fresh air and keep comfortable, for breathing. In case of severe exposure or if irritation persists, breathing difficulties or respiratory symptoms arise, seek medical attention. If not breathing, administer artificial respiration. If trained to do so, administer supplemental oxygen, if required. IF OOT SKIN: Immediately rinse skin and contaminated clothing with plenty of water before removing clothes. Clothing that has been contacted by liquid ammonia may freeze to the skin- Thaw frozen clothing from skin before removing. Flush skin with copious amounts of tepid water for a minimum of 20 minutes. Do not rub or apply topical, occlusive compounds, such as ointments, certain creams, etc., on affected area. For liquid ammonia contact, seek immediate medical attention. For severe vapor contact or if irritation persists, seek medical attention. IF IN EYES: Immediately rinse continuously with copious amounts of tepid wager for a minimum of 20 minutes. Eyelids should be held apart and away from eyeball for thorough rinsing. Do not rub or apply topical, occlusive compounds, such as ointments, certain creams, etc., on affected area. Seek medical attention. IF SWALLOWED: Rinse mouth. Do not induce vomiting. If conscious, give large amounts of water to drink. May drink orange juice, citrus juice or diluted vinegar (1:4) to counteract ammonia, If unconscious, do not give anything by mouth. Seek medical attention. NOTE TO PHYSICIAN. Respiratory injury may appear as a delayed phenomenon. Pulmonary edema may follow chemical bronchitis. Supportive treatment with necessary ventilation actions, including oxygen, may warrant consideration. Revision: May 1, 2015 Anhydrous Ammonia Page 2 of 8 Page 228 of 334 Section. Tire Fighting Measures EXTINGUISHING MEDIA: Water Spray, Water Fog, Dry Chemical, Carbon Dioxide (CO2) or foam. SPECIAL FIRE FIGHTING PROCEDURES: Must wear protective clotliing and a positive pressure SCBA, Stop flow of gas or liquid if possible. Approach fire upwind and evacuate area downwind if needed. Use water spray to keep fire -exposed containers cool and control vapors. If a portable container (such as a cylinder or trailer) can be moved from the fire area without risk to the individual, do so to prevent the pressure relief valve of the trailer or portable container from discharging or the cylinder from rupturing. If relief valves are inoperative, heat exposed storage containers may become explosion hazards due to over pressurization. Stay upwind when containers are threatened. UNUSUAL FIRE AND EXPLOSION HAZARDS: Outdoors, ammonia is not generally a fere hazard. Indoors, in confined areas, ammonia may be a fere hazard, especially if oil or other combustible materials are present. Combustion may form toxic nitrogen oxides (NO,;). Section 6. Accidental Release Measures GENERAL: Only properly trained and equipped persons should respond to an ammonia release. Wear eye, hand and respiratory protection and protective clothing; see Section 8, Exposure Controls f Personal Protection. Stop source of leak if possible, provided it can be done in a safe manner- Leave annerLeave the area of a spill by moving laterally and upwind, Isolate the affected area. Non -responders should evacuate the area, or shelter in place. SPECIFIC STEPS TO BE TAKEN: For a hazardous material release response, Level A and/or Level B ensemble including positive -pressure SCBA should be used. A positive pressure SCBA is required for entry into ammonia atmospheres at or above 300 ppm (1131,H). Stay upwind and use water spray downwind of container to absorb the evolved gas. Do not apply water directly to container, unless there is heat impingement, as ammonia boils at -28 IF (direct water will heat container), and more vapors will be released. Caution: Adding water directly to liquid spills will increase volatilization of ammonia, thus increasing the possibility of exposure. Contain spill and runoff from entering drains, sewers, streams, lakes and water systems by utilizing methods such as diking, containment, and absorption. Section 7. Handling and .Storage SPECIAL PRECAUTIONS: Only trained persons should handle anhydrous ammonia. Store in well -ventilated areas, with containers tightly closed. Protect from temperatures exceeding 120 T (48.11 °C). Protect containers from physical damage_ Keep away frown ignition sources, especially in indoor spaces. Do not use plastic. Do not use any non-ferrous metals such as copper, brass, bronze, tin, zinc or galvanized metals- Use only stainless steel, carbon steel or black iron for anhydrous ammonia containers or piping. OSHA 29 CFR 1910.111 prescribes handling and storage requirements for anhydrous ammonia. Refer to Compressed Gas Association (CGA) G-2.1 for the recommendations for the storage and handling of anhydrous ammonia. VENTILATION - Local exhaust should be sufficient to keep ammonia vapor below applicable exposure standards. WORKPLACE PROTECTIVE EQUIPMENT: Protective equipment should be stored near, but outside of anhydrous ammonia area. Water for first aid, such as an eyewash station and safety shower, should be kept available in the immediate vicinity. See 29 CFR 1910.111 for workplace requirements - DISPOSAL: See Section 13, Disposal Considerations. Classified as Resource Conservation and Recovery Act (RCRA) Hazardous Waste clue to corrosivity with designation D002, if disposed of in original form. Revision: May 1, 2015 Anhydrous Ammonia Page 3 of 8 Page 229 of 334 Section 8, Exposure Controls / Personal Protection EXPOSURE LIMITS FOR AMMONIA: (Vapor) OSHA 50 ppm, 35 mg / m' PEL 8 hour TWA NIOSH 35 ppm, 27 mg / m3 STEL 15 minutes 25 ppm, 18 mg / m3 REL 10 hour TWA 300 ppm, TDLH ACGIH 25 ppm, 18 mg / in' TLV 8 hour TWA. 35 ppm, 27 mg / m' STEL 15 minutes EYE/FACE PROTECTION: Chemical splash goggles should be worn when handling anhydrous ammonia. A face shield can be worn over chemical splash goggles as additional protection. Do not wear contact lenses when handling anhydrous ammonia. Refer to 29 CFR 1910.133 for OSTIA eye protection requirements. SKIN PROTECTION: Ammonia impervious gloves and clothing (such as neoprene, butyl and Teflon) should be worn to prevent contact during normal operations, such as loading/unloading and transfers. Chemical boots can be worn as additional protection. RESPIRATORY PROTECTION: Respiratory protection approved by NIOSH for ammonia must be used when applicable safety and health exposure limits are exceeded. Far escape in emergencies, NIOSH approved respiratory protection should be used, such as a full -face gas mask and canisters/earbidges approved for ammonia or SOBA. A positive pressure SOBA is required for entry into ammonia atmospheres at or above 300 ppm (IDLH). Refer to 29 CFR 1910.134 and ANSI: 288.2 for OSHA respiratory protection requirements. Also refer to 29 CFR 1910.111 for respiratory protection requirements at bulk installations. VENTILATION: Local exhaust should be sufficient to keep ammonia vapor below applicable exposure standards. FOR A HAZARDOUS MATERIAL RELEASE RESPONSE: Level A and/or Level B ensemble including positive -pressure SOBA should be used. A positive pressure SOBA is required for entry into ammonia atmospheres at or above 300 ppm (IDLH). Section 9. Physical and Chemical Properties APPEARANCE AND ODOR= SOLUBILITY IN WATER. SPECIFIC GRAVITY OF GAS (air =1): SPECIFIC GRAVITY OF LIQUID (water = 1): WEIGHT (per gallon): PH: BOILING POINT:. FORMULA: MOLECULAR WEIGHT: FLAMMABILITY FLASHPOINT - FLAMMABLE LIMITS OF VAPOR IN AIR: AUTO IGNITION TEMPERATURE: CRITICAL TEMPERATURE: DECOMPOSITION TEMPERATURE: GAS SPECIFIC VOLUME: VAPOR DENSITY: LIQUID DENSITY: VISCOSITY: EVAPORATION RATE: APPROXIMATE FREEZING POINT: VAPOR PRESSURE: SURFACE TENSION: CRITICAL PRESSURE: PARTITION COEFFICIENT: Revision: May 1, 2015 Colorless liquid or gas with a pungent odor, Odor threshold 2 - 5 ppm. (per 100 pounds of water): 86.9 pounds at 32 IF, 51 pounds at 68 °F 0.596 at 32 If 0.682 at -28 IF (Compared to water at 39 °F), 5.15 pounds at 60 IF Not applicable (Highly alkaline/base). -28 of at 1 Atm, NFI3 17.03 (NJ -13) None LEL/UEL 16% to 25% (listed in the NIOSHPocket Guide to Chemical Hazards 15% to 28%). 1,204 OF (If catalyzed). 1,570 IF (If un -catalyzed). 271.4'F -108.4 OF 20.78 Ft'/Lb at 32 IF and I Atm. 0.0481 Lb/Ftl at 32 IF 38.00 Lb/FO at 70 OF 0.00982 cP at 68 OF Not applicable -108'F 114 psig at 70 IF 23.4 Dynes / cm at 52 °F 111.5 Atm -114 at 77°F Anhydrous Ammonia Page 4 of 8 Page 230 of 334 Section 10. Stability and Reactivity REACTIVITY: Anhydrous ammonia has potentially explosive reactions with strong oxidizers. Anhydrous ammonia forms explosive mixtures in air with hydrocarbons, chlorine, fluorine and silver nitrate. Anhydrous ammonia reacts to form explosive products, mixtures or compounds with mercury, gold, silver, iodine, bromine, silver oxide and silver chloride. CHEMICAL STABILITY: Stable under normal ambient conditions of temperature and pressure. Heating a closed container causes vapor pressure to increase Will not polymerize. POSSIBILITY OF HAZARDOUS REACTIONS: Will react exothermically with acids and water. CONDITIONS TO AVOID: Avoid anhydrous ammonia contact with chlorine, which forms a chloramine gas, which is a primary skin irritant and sensitizer, Avoid contact with galvanized surfaces, copper, brass, bronze, mercury, gold and silver. A corrosive reaction will occur. INCOMPATIBLE MATERIALS: Anhydrous ammonia is incompatible with acetaldehyde, acrolein, boron, chloric acid, chlorine monoxide, chlorites, nitrogen tetroxide perchlorate, sulfur, tin and strong acids. HAZARDOUS DECOMPOSITION PRODUCTS: Anhydrous ammonia decomposes to hydrogen and nitrogen gases above 450 °C (842 °F). Decomposition temperatures may be lowered by contact with certain metals, such as iron, nickel and zinc and by catalytic surfaces such as porcelain and pumice. Section 11. Toxicological Information' Potential health effects: Ammonia is an irritant and corrosive to the skin, eyes, respiratory tract and raucous membranes. Exposure to liquid or rapidly expanding gases may cause severe chemical burns and frostbite to the eyes, lungs and skin. Skin and respiratory related diseases could be aggravated by exposure. The extent of injury produced by exposure to ammonia depends on the duration of the exposure, the concentration of the liquid, gas or vapor and the depth of inhalation. Exposure Routes: Inhalation (vapors, gas), skin and/or eye contact (vapors, liquid, gas). Symptoms of acute exposure: Inhalation: Exposure may result in severe irritation and/or burns of the nose, throat and respiratory tract. May cause dyspnea (breathing difficulty), wheezing, chest pain, bronchospasm, pink frothy sputum, pulmonary edema or respiratory arrest. Extreme exposure may result in death from, spasm, inflammation or edema. Respiratory injury may appear as a delayed phenomenon. Pulmonary edema may follow chemical bronchitis. Brief inhalation exposure to 5,000 ppm may be fatal - Skin: Irritation, corrosive burns, blister formation (vesiculation) may result_ Contact with liquid may produce freeze burns (frostbite) and caustic burns. Eyes: Vapors may cause severe irritation- Tearing, eye bums, permanent eye damage or blindness may occur. Effects of direct contact may range from irritation and lacrimation to severe injury and blindness. Ingestion: ingestion is unlikely since the material is a gas under normal atmospheric conditions- If ingested, it may cause burns and corrosion, severe pain of the mouth, throat, esophagus and stomach or may be fatal Chronic Exposure: Repeated exposure to ammonia may cause chronic irritation of the eyes and respiratory tract. Toxicity: LCs, .. 5131 mg/m3 (7338 ppm) to 11,592 mg/m3 (16,600 ppm), 60 minute exposure, Rat. LD5o - 350 mg I kg (Oral / Rat) Not listed in the National Toxicology Program (NTP). Not recognized by OSTIA as a carcinogen_ Not listed as a carcinogen by the International Agency for Research on Cancer (IARC monograph). Germ cell mutagenicity information is not available. Reproductive toxicity information is not available. Revision: May 1, 2015 Anhydrous Ammonia Page 5 of 8 Page 231 of 334 Section 12. Ecological Information _. Ammonia is harmful to aquatic life at very low concentrations. Notify local health and wildlife officials and operators of any nearby water intakes upon contamination of surface water. Toxicity: Terrestrial plants: LOEC = 3-250 ppm NH3. Aquatic1p ants: LOEC = 0.5-500 mg NH3-N/L. Acute toxiciij to invertebrates: 48 b LC50 = 2.94 mg un -ionized N113-N/L. Chronic toxicity to invertebrates: NOEL = 0.163- 0.42 mg un -ionized NH3/L. Acute toxicity to fish: 96-b: LC50 = 0.09 — 151 mg un -ionized NI -13/L, Cbronic toxicity to fish: NOEC = 0.02.5-1.2 mg un -ionized NH3/L- Environmental Fate Information: Ammonia dissipates relatively quickly in ambient air and rapidly returns to the soil via combination with sulfate ions or washout by rainfall. Ammonia strongly adsorbs to soil, sediment particles and colloids in water under aerobic conditions, Biodegradation of ammonia to nitrate occurs in water under aerobic conditions resulting in a biological oxygen demand (BOD). Persistence/Degradability- Biodegradable in soil. Ozonation in the air. Soluble in water. Bioaccumulative Potential: Not applicable. Mobility in Soil: No additional information available. Other Adverse Effects: No additional information available_ Section 13. Disposal Considerations Dispose of unused contents/container in accordance with local/regional/national/intermtional regulations as applicable. Listed as hazardous substance under the Clean Water Act (CWA) (40 CFR 116.4 and 40 CFR It 7.3), Classified as hazardous waste under the Resource Conservation and Recovery Act (RCRA) (40 CTR 261.22 Corrosive #DO02). Comply with all regulations. Suitably diluted product may be utilized as fertilizer on agricultural land. For hazardous waste regulations information call the RCRA Hotline (800) 424-9346, or visit the US EPA website. Section 14. Transport Information US Department of Transportation HAZARD CLASS: PROPER SHIPPING DESCRIPTION LABEL/PLACARD: IDENTIFICATION NUMBER: ENVIRONMENTAL HAZARDS: Revision: May 1, 2015 (US Domestic): 2.2 (Non -Flammable Gas) (International): 2.3 (Poison Gas), subsidiary 8 (Corrosive) (US Domestic): UNI005, Ammonia, Anhydrous, 2.2, RQ, Inhalation Hazard (International): UN1005, Ammonia, Anhydrous, 2.3, (8), RQ, Poison -Inhalation Hazard Zone "D" (US Domestic): Non -Flammable Gas ry� ��- IFF FF (International): Poison Gas, Corrosive (Subsidiary) INHALATION r r HAZARD s, UN 1005 Anhydrous Ammonia Page 6 of 8 Page 232 of 334 IMDG, Known Marine Pollutant: No United Nations Model Regulations, Environmentally Hazardous No Section 15. Re ulatory Information Subject to the reporting requirements of Section 302, Section 344, Section 312 and Section 313, Title III of the Superfund Amendments and Reauthorization Act (SARA) of 1986 and 40 CFR 372. Under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), Section 103, any environmental release of this chemical equal to or over the reportable quantity of 100 pounds must be reported promptly to the National Response Center, Washington, D.C. (1-800-4248802). Emergency Planning & Community Right to Know Act, (EPCRA) extremely hazardous substance, 40 CFR 355, Title 11I, Section 302 — Ammonia, Threshold Planning Quantity (TPQ) 500 pounds. Toxic Substances Control Act (TSCA): Listed in the TSCA Inventory. EPA Hazard Categories— Immediate: Yes° Delayed: No; Fire: No; Sudden Release: Yes; Reactive: No Clean Air Act _ Section 112(r): Listed under EPA's Risk Management Program (RMP), 40 CFR Part 68, at storage/process amounts greater than the Threshold Quantity (TQ) of 10,000 pounds (ammonia, anhydrous),. Anhydrous ammonia is listed under Department of Homeland Security regulation 6 CFR Part 27, Chemical Facility Anti-Terrorism Standards at storage / process amounts greater than the threshold quantity of 10,000 pounds (ammonia, anhydrous). Occupational Safety & Health Administration (OSHA): This material is considered to be hazardous as defined by the OSHA Hazard Communication Standard 29 CFR 19101240. This material is subject to Process Safety Management requirements of 29 CFR 1910.119 if maintained on-site, including storage / process, in quantities of 10,040 pounds (ammonia, anhydrous) or greater. Section 16, Other Information Preparation Information: Revision Date May 1, 2015 Replaces all previously dated versions - Prepared by: HJS Revisions to this Safety Data Sheet have been created to comply with the requirements of the OSHA hazard Communication Final Rule issued in 2012 (HazCom 2012). Acronvms: ACGIH: American Conference of Governmental Industrial Hygienists ANSI: American National Standards Institute CAS: Chemical Abstracts Service CFR: Code of Federal Regulations DHS: Department of Homeland Security DOT: Department of Transportation EPA: Environmental Protection Agency HMIS: Hazardous Materials Identification System. IARC: International Agency for Research on Cancer IDLH: Immediately Dangerous to Life cr Health IMDG. International Maritime Dangerous Goods NFPA: National Fire Protection Association NIOSH: National Institute for Occupational Safety and Health NTP: National Toxicology Program OSHA: Occupational Safety and Health Administration PEL: Permissible Exposure Limit PPM: Parts Per Million RCRA: Resource Conservation and Recovery Act REL: Recommended Exposure Limit SCBA: Self Contained Breathing Apparatus Revision: May 1, 2015 Anhydrous Ammonia Page 7 of 8 Page 233 of 334 STEL: Short Term Exposure Limit TLV: Threshold Limit Value TWA: Time Weighted Average Disclaimer: The information, data, and recommendations in this safety data sheet relate only to the specific material designated herein and do not relate to use in combination with any other material or in any process. To the best of our knowledge, the information, data, and recommendations set forth herein are believed to be accurate. We make no warranties, either expressed or implied, with respect thereto and assume no liability in connection with any use of such information, data, and recommendations. Judgements as to the ;suitability of the information contained herein for the party's own use or purposes are solely the responsibility of that: party. Any party handling, transferring, transporting, storing, applying or otherwise using this product should review thoroughly all applicable laws, rules, regulations, standards and good engineering practices. Such thorough review should occur before the party handles, transfers, transports, stores, applies or otherwise uses this product. Revision: May 1, 2015 Anhydrous Ammonia Page 8 of 8 Page 234 of 334 6.E. CONSENTAGENDA 10/3/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/3/2017 REQUESTED ACTION BY COMMISSION: Approve the minutes from the Regular City Commission meeting held on September 7, 2017. EXPLANATION OF REQUEST: The City Commission met on September 7, 2017, and minutes were prepared from the notes taken at the meetings. The Florida Statutes provide that minutes of all Commission meetings be prepared, approved and maintained in the records of the City of Boynton Beach. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? A record of the actions taken by the City Commission will be maintained as a permanent record. FISCAL IMPACT: Non -budgeted N/A ALTERNATIVES: Do not approve the minutes STRATEGIC PLAN: High Performing City Organization STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Minutes Description Minutes 0-07-17 Page 235 of 334 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD ON TUESDAY SEPTEMBER 7, 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 (absent) Christina Romelus, Commissioner Joe Casello, Commissioner 1. OPENINGS A. Cali to Order - Mayor Steven B. Grant Mayor Grant called the meeting to order at 6:30 p.m. Invocation Pastor Robinson gave the invocation. Pledge of Allegiance to the Flag Mayor Grant led the Pledge of Allegiance to the Flag. ROLL CALL Lori LaVerriere, City Manager James Cherof, City Attorney Judith A. Pyle, City Clerk Judith Pyle, City Clerk, called the roll. A quorum was present. Agenda Approval: 1. Additions, Deletions, Corrections. Mayor Grant added an announcement about the CRA meeting for September 19, 2017. Mayor Grant requested a motion. Motion Mayor Grant moved to approve the agenda as amended. The motion was duly seconded and unanimously passed.. 1 Page 236 of 334 Meeting Minutes City Commission Boynton Beach, Florida September 7, 2017 2. OTHER A. PROPOSED RESOLUTION NO. R17-079 - Conduct a Public Hearing to adopt the Final Assessment Resolution for the FY 2017-2018 Fire Assessment. Tim Howard Assistant City Manager stated in July the Commission increased to the Fire assessment from $100 to $120. As in previous years a hardship waiver is available for those who are unable to pay the assessment. This information will be translated to Spanish and Creole. Mayor Grant opened the floor for public comment. Bob and Jennie Foot, 760 E Ocean Avenue, Apt #507, were present to speak in favor of the tax. She understood that half of the money collected would be for staffing for the Fire Station. She believed that every Fire Station should be fully staffed. Mr. Foot stated that he had a stroke and he appreciates the rapid response that he received. Without the quick response he would not be here today. Mrs. Foot indicated on the night her husband had his stroke, she called 911, and almost immediately she heard the fire engines coming to provide help. She understands that it could be a hardship for some, but having the quick response saved her husband's life. Steve Bendfelt, 15 Cedar Circle, noted he remembered when the assessment was first adopted in 2001. This resolution was due to sunset in 2008. This assessment was for building of the Fire Station on High Ridge Road. He appreciated the people who spoke before; but the fees are continually going up. Mr. Bendfelt noted some of the money was being earmarked for the pensions. He was speaking out against, the assessment. The money for pension should not come from the fire assessment; the City should find the money from someplace else. Susan Oyer, 140 SE 27 Way, indicated she was for the tax assessment. She believes all should have some skin in the game. The City needs to move forward. Ms. Oyer noted that the Fire Department does an outstanding job. She does not agree that the money should be allocated towards the pension. Again she stated that everyone should pay for the services that are used. Elaine Campbell, Boynton Lakes North, lives on a fixed income. She indicated she was not against the increase in the fire assessment; she was against it going to fund the pension. The City needed to find another source to pay for the pension. Mayor Grant asked for a motion. Motion Commissioner Casello moved to approve, seconded by Commissioner Romelus. N Page 237 of 334 Meeting Minutes City Commission Boynton Beach, Florida September 7, 2017 Vote 3-1 (Vice Mayor Katz dessenting, Commissioner McCray absent) B. Conduct First Public Budget Hearing for FY 2017/2018 Proposed Millage and Annual Operating Budget. PROPOSED RESOLUTION NO. R17-080 - Adopt the proposed millage rate for the General Fund for Fiscal Year 2017-2018. PROPOSED RESOLUTION NO. R17-081 - Adopt the Tentative Budget for the General Fund and all other funds for Fiscal Year 2017-2018. Attorney James Cherof stated these two resolutions would be read together but must be voted on separately. The mileage rate must be voted on first. Mr. Cherof read proposed Resolution R17-080 and R17-081 into the record by title only. Mr. Howard indicated the first Resolution was the adoption of the millage rate. He stated the rate has not changed. The purpose of the meeting was to adopt the budgets for all of the funds which are $203 million; $83.2 million was the General Fund. Mr. Howard indicated there would be a meeting September 19, 2017 for the second public budget hearing to adopt the final millage rate and final budget for next year. As a result of the Budget Workshops that were held on July 17th and 18th, 2017 the City Commission approved a proposed millage rate of 7.9. The following changes have been incorporated into the proposed budget of $83,347,977 after the Budget Workshops. The red-light camera program was reinstated. The City budgeted a Special Revenue Fund called Traffic Safety Fund; it allows the City to move 3 police personnel out of the General Fund to the Special Revenue Fund that would be $181,900. The CRA Board approved increasing the neighborhood policing by one additional police officer. The CRA would reimburse the City $75,000 for the additional FTE (full time employee). On the revenue side the ILA (inter -local agreement) increased $75,000. The Commission did not pass the ordinance which staff recommended, increasing the sanitation rates by a dollar a month. The impact was the adjustments to various General Fund Revenues. A decrease transfer from sanitation of $400,000 which impact of that was the transfer from the Sanitation Fund to the General Fund needed to be adjusted down $400,000. The budgeting of the red light camera fund, the estimated revenue and the expenses of all costs, the City was able to project $100,000 being transferred from the Traffic Safety Fund to the General Fund. With those changes put into the formulas the City would budget $118,100 of fund balance to balance the budget. The purposed budget in July did not require a fund balance appropriation. Based on these actions that have occurred, the revised General Fund budget was $83,241.077 for next year. Commissioner Casello noted that in the past, the red-light camera revenue was greater than $100,000; he stated it was closer to $250,000 to $300,000. Mr. Howard replied in Page 238 of 334 Meeting Minutes City Commission Boynton Beach, Florida September 7, 2017 those years the City was paying those employees out of the General Fund. The $181,000 from the Traffic Safety Fund would pay for personnel and other expenses. Commissioner Casello asked why the City was paying for these three individuals out of the General Fund. He was under the impression they were being paid from the Red Light Camera Fund. Mr. Howard indicated that one year it would come out of the Traffic Fund and one year it would come out of the General Fund. He stated the City would alternate back and forth between funds. Commissioner Casello asked when they were in the Traffic Fund for the red light cameras, how much was the profit margin. Mr. Howard stated that there was no transfer to the General Fund; there were legal expenses to the program. Commissioner Casello stated it would be fair to say that the income would be greater than $118,000. Mr. Howard noted that the fines would cover the costs of the program including a transfer of $100,000 to the General Fund. Commissioner Casello asked if there was an additional profit from the red light camera program, could the excess funds be transferred to the General Fund. Mr. Howard noted he would recommend it be done in the subsequent years, once the City has a final amount. He reminded all to remember these are all estimates. If there are additional funds remaining the funds can be transferred back to the General Fund. Commissioner Casello stated what he was trying to say, that in past years it has been a greater amount in profit with the red light cameras. He wanted to know if that could be projected out. Mr. Howard indicated that was what the $100,000 represented. Commissioner Casello stated in past years it has been more than $100,000. Mr. Howard indicated if it was more at the end it can be transferred at the end of the fiscal year. Mayor Grant interjected the Traffic Safety Fund also transfers revenue to the State for the City portion of the program. Mr. Howard noted the City collects the total fines and remit the State portion; the City retains a portion to pay for costs associated with the red light cameras. Mayor Grant indicated the State receives more revenue than the City. Mr. Howard replied the State received $83 per ticket and the City receives $75. Commissioner Casello requested additional information regarding the red light camera fees and the administration fees. What was the actual cost to run the program? Mr. Howard replied that was the revenue that was coming in, was broken down by expenses and revenue. Mr. Howard noted the budget for the upcoming fiscal year was $203M. The major funds are Utility Fees $46.5M, Property Taxes $34.1 M, Capital and Bond Sources $33.4M and the transfer $15.0 mil. Commissioner Casello asked what percentage was for the Police Department. 4 Page 239 of 334 Meeting Minutes City Commission Boynton Beach, Florida September 7, 2017 Mr. Howard replied it was 36% for the Police and 28% for the Fire Department. Mr. Howard stated that the actual tax rate was 6.43, Boynton Beach tax rate was 7.9% but the tax rate would not increase from the previous tax year. Commissioner Casello stated that the headlines could read Boynton Beach increases taxes. Mayor Grant requested a motion to approve PROPOSED RESOLUTION NO. R17-080 - Adopt the proposed millage rate for the General Fund for Fiscal Year 2017-2018. Motion Vice Mayor Katz motioned to approve, seconded by Commissioner Casello. Vote Unanimously approved. Mayor Grant requested a Motion to approve PROPOSED RESOLUTION NO. R17-081 - Adopt the Tentative Budget for the General Fund and all other funds for Fiscal Year 2017-2018. Motion Vice Mayor Katz motioned to approve, seconded by Commissioner Romelus. Vote Unanimously approved. C. Informational items by Members of the City Commission Mayor Grant attended the Florida League of City in Orlando, spoke at the AEC Trend- setters' development; he said the big take away was the City would be able to lower taxes next year. He met with Bradley Miller from the Villages of Boynton. Mayor Grant gave some information regarding Hurricane Irma. Commissioner Romelus met with Frances and Arthur D'Almeide of the Villages. If you followed her on Facebook she has been posting where there was water and plywood. Commissioner Casello indicated he met with Bradley Miller. Also, this would be his first hurricane experience. Vice Mayor Katz noted the he also met with Bradley Miller. 5 Page 240 of 334 Meeting Minutes City Commission Boynton Beach, Florida September 7, 2017 3. ANNOUNCEMENTS, COMMUNITY AND SPECIAL EVENTS AND PRESENTATIONS Mayor Grant announced the CRA meeting September 19, 2017 to adopt the CRA annual budget, commencing at 6:30 p.m. 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) Reverend Nathanial Robinson III, Martin Luther King Boulevard, thanked the Commission for the opportunity to speak. He indicated there has been a string of homicides in the area. He and the members of his congregation want this to stop. Reverend Robinson said if people know that they are being watched there would be less gun violence. He stated the community that he serves would support surveillance. He understands that there are statutes that require convenience stores to have surveillance equipment in the store. He wanted to make sure this was being enforced. He stated his congregation was in suppori of those areas being watched. Reverend Robinson requested the City would look into the Ceasefire program. The justice system stated this was a good program. Reverend Robinson indicated he and his congregation were willing to partner with the City. Susan Oyer, 140 SE 27 Way, suggested the community take in their solar lawn lights. Would suggest getting a solar power cell telephone. She believes that a fake AT&T guy was walking around her neighborhood. Mayor Grant closed Public Audience said seeing no more coming forward. 5. ADMINISTRATIVE A. Authorize City Commissioners to travel to Tallahassee, FL to attend Palm Beach County Days 2018, January 9-10, 2018. Mayor Grant requested a motion. Motion Commissioner Casello moved to approve, seconded by Commissioner Romelus. Vote Unanimously approved. Page 241 of 334 Meeting Minutes City Commission Boynton Beach, Florida September 7, 2017 B. 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 (NN Stu) openings exist: Arts Commission: 2 Alts Building Board of Adjustments & Appeals: 3 Regs and 2 Alts Employee Pension Board: 1 Reg Library Bd: 1 Alt Senior Advisory Bd: 1 Alt Mayor Grant stated that there were no applications received, these boards need applicants. 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. R17-082 - Assess the cost of nuisance abatement on properties within the City of Boynton Beach. B. PROPOSED RESOLUTION NO. 17-083 - Authorize the Mayor to sign an easement agreement between the City of Boynton Beach and Florida Power & Light Company for a perpetual easement to facilitate the undergrounding of electrical utility facilities along NE 6th Court and Boynton Beach Boulevard as a part of the Ocean One project. C. PROPOSED RESOLUTION NO. 17-084 - Ratify the actions of the South Central Regional Wastewater Treatment and Disposal Board at their August 3, 2017 meeting and give authorization to do the following: 1. Establish wastewater user rate at 1.07/1,000 Gal (O&M rate of $1.02/1,000 Gal and R&R Reserves Rate of $0.05/1,000 Gal) to Delray Beach and Boynton Beach for Fiscal Year 2017/2018; 2. Establish reclaim user rate at $0.17/1,000 Gal to consumers Delray Beach, Boynton Beach and South Central Regional for Fiscal year 2017/2018; 3. Maintain the reclaim user rate for Hunters Run, County Club of Florida, Quail Ridge, Delray Dunes and Pine Tree for Fiscal year 2017/2018 at $0.2000/1,000 Gallons; 4. Authorize the Fiscal year Capital Improvement Plan and Associated Funding Plan for Fiscal Year 2017/2018; 5. Accept the 2017/2018 Wastewater and Reclaim O&M Budgets. Page 242 of 334 Meeting Minutes City Commission Boynton Beach, Florida September 7, 2017 D. PROPOSED RESOLUTION NO. 17-085 - Approve and authorize the City Manager to sign the agreement with JJ Kane for disposal of Vehicles / Equipment submitted by Public Works / Fleet Maintenance Department. E. Approve increase of Purchase Order 170573 issued to Hyvac Mechanical Services in the amount of $12,840.00 for ac preventive maintenance services for EW TP, W W TP, & ADMIN BLDG. This contract expires on October 08, 2017. F. Approve the purchase of two (2) used 2012 Toro GR3300 tri -flex greens mowers at $15,000 per mower from W W Sod & Equipment Company of Okeechobee, FL. based on three written quotes. G. Authorize the City Manager to approve change orders 1 and 2 from Con Tech Building Corporation of Delray Beach, FL, in the amount of $15,220 and an additional contingency of $1,522 for unforeseen conditions discovered while the contractor was implementing bridge repairs. This increases the total estimated costs from $51,256 to $67,998. H. Approve award of the bid for "Newspaper Microfilming and Digitization Services", Bid No. 059-2610-17/iT to Northern Micrographics of La Crosse, W I to conduct microfilming and digitization with OCR (Optical Character Recognition) indexing of the Lake Worth Herald newspaper from 1912 to 1970 in the amount of $36,794.70 plus a contingency of $3,679.47 for additional expenses if staff determines they are needed for a total of $40,474.17. I. Accept the Fiscal Year 2016-2017 Budget Status Report of the General Fund and the Utilities Fund for the ten (10) month period ended July 31, 2017. J. Approve the minutes from the City Commission held on Mayor Grant requested a motion. Motion Commissioner Casello moved to approve the Consent Agenda. Commissioner Romelus seconded the motion. Vote The motion unanimously passed. M Page 243 of 334 Meeting Minutes City Commission Boynton Beach, Florida September 7, 2017 7. BIDS AND PURCHASES OVER $100,000 A. Approve the purchase of Water Meters and Equipment with Sensus Metering Systems as a Sole Source vendor for the maintenance and replacement of water equipment for the City's Utility Metering System. The City is currently using Sensus's Flex Net System. Items will be ordered on an "as needed" basis for the estimated annual expenditure of $175,000. Motion Vice Mayor Katz moved to approve, seconded by Commissioner Casello. Vote Unanimously passed 8. COMMUNITY STANDARDS and LEGAL SETTLEMENTS — None 9. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. PROPOSED ORDINANCE NO. 17-022 - FIRST READING - Approve Flood Prevention Requirements (CDRV 17-005) - Amending the LAND DEVELOPMENT REGULATIONS, Chapter 1, Article ll, Definitions and Article VIII, Section 1.D, Appeals, Chapter 2, Article IV, Sections 2 and 4, and Chapter 4, Article X, to update definitions, Building Division Processes, Standards, and adopt Flood Insurance Rate Maps and Flood Insurance Study in accordance with the NFIP requirements. City initiated. Andrew Mack, Director of Development, indicated he would provide a presentation on second reading. If there were any questions he would entertain them. Mayor Grant indicated he was fine with seeing the presentation on the second reading. He asked was coordinated with the State and Federal government Mr. Mack replied all the amendments have gone to the State; this would make a compliant ordinance, as well as adopt the new maps and study. Mayor Grant asked for a motion. Motion Commission Romelus moved to approve, Commissioner Casello seconded. 0 Page 244 of 334 Meeting Minutes City Commission Boynton Beach, Florida September 7, 2017 Vote City Clerk Pyle called the roll. Vote 4-0 (Commissioner McCray absent). B. PROPOSED ORDINANCE NO. 17-023 - FIRST READING - Approve LDR Amendments Group 3/CRA Plan Implementation (CDRV 17-007) — Amending the LAND DEVELOPMENT REGULATIONS, Chapters 1, 3, and 4 to continue implementing Community Redevelopment Plan recommendations with changes in the future land use classification scheme, and establishment of the new R-4, Multi -family Residential Zoning District including amendments and additions to definitions, and use and lot standards. City initiated. Michael Rumpf, Planning and Zoning Director, indicated he could make a presentation on the second reading. Mayor Grant asked for a Motion. Motion Commissioner Romelus moved to approve, seconded by Commissioner Casello Vote City Clerk Pyle called the roll. Vote 4-0 (Commissioner McCray absent) C. (1) PROPOSED ORDINANCE NO. 17-024 - FIRST READING - Approve The Villages at East Ocean Avenue - North Future Land Use Map Amendment (LUAR 17-002) from Local Retail Commercial (LRC) to Mixed Use High (MXH). Applicant: Arthur B. D'Almeida Attorney Cherof read the proposed ordinance No. 17-024 first reading into the minutes. He indicated these were quasi-judicial proceedings. Attorney Cherof administered an oath to all those intending to testify. Bradley Miller of Miller Land Planning, representing applicant Arthur B. D'Almeidas, indicated he had three quick slides. Following up from the CRA Redevelopment Plan, the area in green was the overall site; the project area was being split between Boynton Boulevard and Ocean Avenue. South half was Ocean Avenue. They are being split because there are different land uses for each area. The land use was going from LRC to mixed use high, the southern portion going to mixed use medium. Mr. Miller stated this would be following the City plans. Mayor Grant stated there were some concerns about Ocean Avenue. He requested to review what Ocean Avenue would look like. Zo Page 245 of 334 Meeting Minutes City Commission Boynton Beach, Florida September 7, 2017 Mr. Miller indicated the area on the bottom slide was on the south side of Ocean looking north, the area in gray across the bottom was 25 feet. including the parapet wrapping the plaza area, and the light green circle was the only area that was 35 feet. Commissioner Casello asked why they are putting in commercial. He does not see commercial working in that area. Commissioner Casello stated that would be something that needs to be discussed. Mr. Miller indicated it has commercial, but since the site plan has been tabled, it would be better at the next meeting. Mr. Miller showed Ocean Ave looking NW, towards the railroad tracks. This would be the area that would be 25 feet high, which has some residential units. Commissioner Casello asked the size of the plaza. Mr. Miller stated that he did not have that square footage at this time. Commissioner Casello asked if that was something that could be expanded. Mr. Miller noted at the beginning stages the plaza area was larger. When meeting with staff, the recommendation was to decrease the size. Commissioner Casello stated he would like to see it expanded. Mr. Miller indicated the south side is 35 feet, three floors and then steps back with retail on the ground floor and residential on the top floors. Mayor Grant asked for a motion. Motion Commissioner Romelus moved to approve, seconded by Commissioner Casello. Vote City Clerk Pyle called the roll. Vote 4-0 (Commissioner McCray absent.) (2) PROPOSED ORDINANCE NO. 17-025 - FIRST READING - Approve The Villages at East Ocean Avenue - North Rezoning (LUAR 17-002) from C-2 Neighborhood Commercial and C-3 Community Commercial to MU -C, Mixed Use Core District with a proposed site plan for 336 multi -family units and 12,257 square feet of commercial space. Applicant: Arthur B. D'Almeida Motion Commissioner Romelus moved to approve, seconded by Commissioner Casello.. Vote City Clerk Pyle called the roll. Vote 4-0 (Commissioner McCray absent). 11 Page 246 of 334 Meeting Minutes City Commission Boynton Beach, Florida September 7, 2017 D. PROPOSED ORDINANCE NO. 17-026 - FIRST READING - Approve request for abandonment of a portion of rights-of-way (ABAN 17-002 through ABAN 17- 006) consisting mostly of unimproved streets and alleys between NE/SE 3rd Street and the FEC Railroad, from Boynton Beach Boulevard south to SE 1st Avenue, in conjunction with request for major site plan modification approval of the Villages at East Ocean mixed use project. Applicant: Arthur B. D'Almeida. Motion Commissioner Romelus moved to approve and seconded by Commissioner Casello. Vote City Clerk Pyle called the roll. Vote 4-0 (Commissioner McCray absent). E. Approve the Villages at East Ocean Avenue - North Major Site Plan Modification (MSPM 17-003) request for a mixed-use development consisting of an eight (8) -story building with 336 dwelling units, commercial space, and associated recreationai amenities and parking on a 3.379 acre site. Applicant: Arthur D'Almeida. (Should be tabled to September 19, 2017 to correspond with 2nd reading of the Land Use Amendment application.) Motion Commission Casello moved to table, Commissioner Romelus seconded. Vote Unanimously approved. Mayor Grant stated the item was tabled until September 19, 2017. F. (1) PROPOSED ORDINANCE NO: 17-027 - FIRST READING - Approve The Villages at East Ocean - South Future Land Use Map Amendment (LUAR 17- 003) from Local Retail Commercial (LRC) to Mixed Use Medium (MXM). Applicant: Arthur B. D'Almeida. Motion Commissioner Romelus moved to approve and seconded by Commissioner Casello. Vote City Clerk Pyle called the roll. Vote 4-0 (Commissioner McCray absent). 12 Page 247 of 334 Meeting Minutes City Commission Boynton Beach, Florida Motion September 7, 2017 (2) PROPOSED ORDINANCE NO: 17-028 - FIRST READING - Approve The Villages at East Ocean - South Rezoning (LUAR 17-003) from C-2 Neighborhood Commercial to MU -2, Mixed Use 2 District with a proposed site plan for 35 multi -family units and 3,500 square feet of commercial space. Applicant: Arthur B. D'Almeida. Commissioner Romelus moved to approve and seconded by Commissioner Casello. Vote City Clerk Pyle called the roll. Vote 4-0 (Commissioner McCray absent). G. Approve The Village at East Ocean Avenue - South Major Site Plan Modification (MSPM 17-004) for a mixed-use development consisting of 35 dwelling units, commercial space, and associated recreational amenities and parking on a 1.764 acre site. Applicant: Arthur D'Almeida (Should be tabled to September 19, 2017 to correspond with 2nd reading of the Land Use Amendment application.) Motion Commission Romelus moved to table, Commissioner Casello seconded. Vote Unanimously approved. Mayor Grant stated the item was tabled until September 19, 2017. 10. CITY MANAGER'S REPORT - None 11. UNFINISHED BUSINESS - None 12. NEW BUSINESS - None 13. LEGAL - None 14. FUTURE AGENDA ITEMS A. City Commission's ratification of the Boynton Beach Community Redevelopment Agency (CRA) annual budget for fiscal year 2017-2018. - September 19, 2017 B. Conduct Second Public Budget Hearing for FY 2017/2018 Final Millage and 13 Page 248 of 334 Meeting Minutes City Commission Boynton Beach, Florida Annual Operating Budget - September 19, 2017 September 7, 2017 C. Discussion relating to the future of the Building Board of Adjustment and Appeals - October 3, 2017 D. Discussion of number of boards people are allowed to serve on at one time, attendance policies, eligibility rules and qualification of members for all boards - October 3, 2017 E. Staff to review and report concerning Florida Textile Recycling, LLC. FTR, LLC which provides automated clothing recycling as a non-profit corporation and provides funding to agencies for other non-profit uses - TBD F. Staff to research possibility of allowing dogs at the beach during certain hours and bring back to Commission - TBD G. The Mayor has requested to discuss the possibility of a resolution by the City in support of development of a boat lift at the C51 canal. - October 3, 2017 H. PROPOSED ORDINANCE NO. 17-020 - SECOND READING - AMEND THE LAND DEVELOPMENT REGULATIONS, Chapter 1, Article II. Definitions and Article V, Section 2, Workforce Housing Program, to convert the mandatory inclusionary zoning program to an incentivized program emphasizing project density and building height. (Second Reading advertised for September 19, 2017) I. PROPOSED ORDINANCE NO. 17-021 - SECOND READING - Approve Town Square Future Land Use Map Amendment from Public and Private Governmental/Institutional (PPGI) and High Density Residential (HDR) to Mixed Use Medium (MXM) and rezone from PU Public Usage, REC Recreation and R-3 Multifamily to MU -3 Mixed Use 3 zoning district. City-initiated.(First Reading approved 8/15, Second Reading Pending FI. Dept. of Economic Opportunity approval, which takes approximately 2 to 4 months.) PROPOSED ORDINANCE NO. 17-022 - SECOND READING - Amending Ordinance 02-013 to Rezone a Parcel of Land Described Herein and Commonly Referred to as Town Square From Public Usage (Pu); Recreation (Rec) And Multifamily (R-3) to Mixed Use 3 (Mu -3). 15. ADJOURNMENT Motion Commissioner Romelus moved to adjourn. Commissioner Casello seconded the motion. 14 Page 249 of 334 Meeting Minutes City Commission Boynton Beach, Florida September 7, 2017 Vote The motion unanimously passed. The meeting was adjourned at 7:25 p.m. ATTEST Judith A. Pyle, CMC City Clerk Queenester, Deputy City Clerk 15 CITY OF BOYNTON BEACH Mayor - Steven B. Grant Vice Mayor - Justin Katz Commissioner - Mack McCray Commissioner - Christina Romelus Commissioner — Joe Casello Page 250 of 334 12.A. NEW BUSINESS 10/3/2017 REQUESTED ACTION BY COMMISSION: Approve the Right of Way dedication of 7.5 feet of property along the southern property boundary of the property located at 711 N. Federal Highway to the City of Boynton Beach as approved by the Community Redevelopment Agency (CRA) on August 8, 2017. EXPLANATION OF REQUEST: At the August 8, 2017 Community Redevelopment Agency (CRA) meeting the Board approved the dedication of 7.5 feet of the south boundary line to the City of Boynton Beach. This is in connection with a Purchase and Development agreement that the CRA board approved for the land at 711 N. Federal Highway to South Florida Marine, d/b/a BZ Woods Properties, LLC. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The dedication of the 7.5 feet to the City will assist in the ability to make improvements to the existing right-of-way conditions such as a new curb and sidewalk. FISCAL IMPACT: None ALTERNATIVES: Do not approve right of way dedication of the 7.5 feet STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 251 of 334 ATTACHMENTS: Type D Attachment Fb�fflgy D Attachmen-T D Attachment D Attachment D Attachment Description CRA Special Warranty Deed ROW NE 6th Ave CRA Minutes 8-8-17 NE 6th Ave Topo Survey NE 6th Ave Topo Survey \Mth Aerial Page 252 of 334 This Instrument Prepared By and Return to: David N. Tolces, Esquire GOREN, CHEROF, DOODY & EZROL, P.A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 PCN: 08-43-45-21-31-000-0192 ii X41 r.11•' 11 D1 D1 1 This Special Warranty Deed is'executed this day of , 2011, by the Boynton Beach Community Redevelopment Agency, a Florida public agency created pursuant to Chapter 163, F.S., hereinafter called the Grantor, to the City of Boynton Beach, a Florida municipal corporation, whose post office address is 100 East Boynton Beach Boulevard, Boynton Beach, Florida 33435, hereinafter called the Grantee: (Wherever used herein the terms "Grantor" and "Grantee" shall include singular and plural, heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, wherever the context so admits or requires.) WITNESSETH: That the Grantor, for and in consideration of the sum of $10.00, in hand paid by the said second party, the receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee, all that certain land situate in County of PALM BEACH, State of Florida, to -wit: The South 12.5 feet of.Lot 22, LESS the South 5 feet and the East 35 feet thereof, PENCE & KING'S ADDITION TO THE TOWN OF BOYNTON, according to the plat thereof, as recorded in Plat Book 1, Page 50, of the Public Records of Palm Beach County, Florida. Subject to easements, restrictions, reservations, and limitations of record, if any. Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold the same in fee simple forever. And the said Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land; that the Grantor hereby warrants the title to said land and will defend the same against the lawful claims of all persons claiming by, through or under Grantor, but against none other. (00193594.1306-9905278) Page 253 of 334 And the Grantor does not reserve any of the undivided interest in and to the phosphates, minerals and metals or any of the undivided interest in and to all petroleum, in, on or under the surface of the insured land, created pursuant to Section 270.11, Florida Statues. In Witness Whereof, the said grantor has signed and sealed these presents the day and year first above written. BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: Name: Its: Signed, sealed and delivered in presence of: (Signature of first witness) (Printed name of first witness) (Signature of second witness) (Printed name of second witness) The foregoing instrument was acknowledged before me this _ day of , 2017 by , who � has acknowledged herself to be the of the Boynton Beach Community Redevelopment Agency, on behalf of the agency, who is personally known to me or has produced as identification Signature of Notary Printed Name of Notary My Commission Expires: My Commission Number: (00193594.1306-9905278) Page 254 of 334 MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY BOARD HELD ON TUESDAY, AUGUST 8, 2017, AT 6:30 P.M., IN COMMISSION CHAMBERS CITY HALL, 100 E. BOYNTON BEACH BOULEVARD BOYNTON , FLORIDA PRESENT: Steven B. Grant, Chair Mike Simon, Executive Director Justin Katz, Vice Chair Tara Duhy, Board Counsel Joe Casello Mack McCray Christina Romelus 1. Call to Order Chair Grant called the meeting to order at 6:30 p.m. II. Invocation The invocation was given by Pastor Tommy Brown, New Disciple Worship Center.. Il. Roll Call Roll call revealed a quorum was present. IV. Agenda Approval A. Additions, Deletions, Corrections to the Agenda Chair Grant added new Assistant Director, Thuy Shutt, to VII. Item C. B. Adoption of Agenda Motion Mr. McCray moved to approve the agenda as amended. Mr. Casello seconded the motion that unanimously passed. V. Legal None. Page 255 of 334 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida August 8, 2017 VI. Informational Items and Disclosures by Board Members and CRA Staff: A. Disclosure of Conflicts, Contacts, and Relationships for Items Presented to the CRA Board on Agenda Chair Grant attended the Seahorse event with Splashdown Divers and ate at Boss Tacos, which is on Consent Agenda. Vice Chair Katz had no disclosures to make Mr. McCray wished Ms. Romelus a good evening. Ms. Romelus had no disclosures. Mr. Casello attended a roundtable regarding the opioid crisis held by Melissa McKinley, and advised it was well attended. Senate President Negron and several other State Representatives attended. It was a two-hour discussion. The news provided great coverage too. VII. Announcements and Awards A. CareerSource March Career Expo Update Michael Corbett, CareerSource Palm Beach County, advised there were 21 companies at the March 23rd Job Fair. There were 141 attendees and 22 placements. He would like to hold another Job Fair next March or April and believed there would be similar results. He thanked the CRA for the event. Chair Grant attended and thought it was informative. He asked if there is a follow-up event, if they missed the event and obtain the information. Mr. Corbett replied any job seekers can contact him for information and CareerSource holds 35 to 40 job events a year. B. 2017 Project Seahorse Recap Tracy Smith—Coffey, CRA Marketing and Business Development Specialist, explained the CRA partnered with the City of Boynton Beach Recreation and Parks Department, the Palm Beach County Parks and Recreation and Project Seahorse for this youth event. The project started July 10th and youth brushed up on swimming skills and were taught how to snorkel on July 17th and 24th. Twenty-four 10 to 12 -year old campers participated and were treated to a snorkeling experience on July 28th at the Lofthaus shipwreck site. There was a very good turnout and many volunteers, including the Mayor, the Marine Patrol, News Channel 5, and the Palm Beach Post. Star Fish Scuba and Splashdown Divers donated their time and vessels and the CRA social media consultants were on each boat posting on social media broadcasting live videos. The youth came back to the Marina for a barbeque and presentation with their parents showing pictures of the campers snorkeling. A short news clip from Channel 5 that K Page 256 of 334 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida August 8, 2017 aired at 6 p.m. on July 28th was viewed. This was the third event and all were looking forward to next year. Ms. Smith -Coffey explained they are adding different components to the event each year. Participants learned about Octopus from a Marine Biologist from FAU and next year there will be more educational programs to teach campers about marine biology and ecology. The campers saw many schools of fish. The underwater photography was provided by Sarah Edwards. Mr. McCray congratulated staff on a job well done noting he had been a diver. C. Announce Thuy Shutt, new CRA Assistant Director Ms. Shutt thanked all for welcoming her and looked forward to working with the CRA to further its goals. VIII. Consent Agenda A. Approval of CRA Board Meeting Minutes - June 13, 2017 D. Approval of CRA Board Meeting Minutes - July 11, 2017 C. Financial Report Period Ending July 31, 2017 D. Monthly Purchase Orders E. Approval of 4 Reel Services, Inc. for Commercial Rent Reimbursement Grant Program F. Approval of Boss Tacos, Inc. for Commercial Rent Reimbursement Grant Program G. Approval of Electronic Signatures for Special Event Contracts and Agreements Motion Mr. Casello moved to approve the Consent Agenda. Mr. McCray seconded the motion that unanimously passed. IX. Pulled Consent Agenda Items None. X. Information Only A. Public Comment Log B. Marketing and Business Development Campaign 3 Page 257 of 334 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Floridas , 2017 C. Rescheduling the September CRA Advisory Board Meeting to Wednesday, September 6, 2017 at 6:30 pm D. Special Meeting to Discuss RFP/RFQ for Ocean Breeze East on August 29, 2017 at 6:30 p.m. XI. Public Comments None. XII. Public Hearing None. [►�11��IC>t3>�1T�� A. Neighborhood Policing Program 3rd Quarter Reports for FY 2016-2017 Mike Simon, Executive Director, presented the report. Sergeant Diehl and Officer Paramore were present and gave a detailed accounting of their calendar and activities for the third quarter. Mr. McCray thanked them for giving a really good report. It was noted there was a third Neighborhood Police position available and the selection process ends on Tuesday. Officer Gary Garaflo was also present at the meeting and was interested in applying. He explained he had been with Boynton Beach for 18 years and has seen the City grow tremendously. He was happy to be present and hoped to be of help. Mr. McCray thought it would be helpful if there was a female officer so community residents will know that not all officers are male and learned there were other candidates. Mr. Casello asked why he was interested in the position and learned there are different components in police work and he would like to try this one. He has volunteered for different activities with the City and also works at the Library. He was always interest in community service. B. Community Caring Center 3rd Quarter Report Mr. Simon advised the Center has an agreement for funding the Culinary Incubator for $70,000 this fiscal year. The report meets the requirements that are part of the agreement. Approval of the reports and issuance of funding is needed. Motion Mr. McCray moved to approve. Mr. Casello seconded the motion that unanimously passed. n Page 258 of 334 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida August 8, 2017 C. Consideration of the Purchase and Sale Agreement with the Boynton Woman's Club located at 1010 S. Federal Highway Mr. Simon explained on June 13th the CRA Board approved the request to purchase the Woman's Club building. Staff was instructed to have Legal negotiate the terms of the contract. After negotiation, both parties agreed to the contract except for extending the feasibility period from 30 days to 45 days. The extension would allow staff to come to the September meeting and the parties move forward to closing and contract at the end of the feasibility period. This was discussed with the Woman's Club and their counsel and they are in agreement. The feasibility period is fairly common contract language. Motion Mr. McCray moved to approve the 45 days. Ms. Romelus seconded the motion that unanimously passed. D. Consideration of Purchase and Development Agreement for the CRA Owned Property located at 711 N. Federal Highway to South Florida Marine, d/b/a BZ Woods Properties, LLC Mr. Simon reviewed the Board approved of Mike and Janna Woods, the owners of South Florida Master Craft to purchase the property at 711 N. Federal Highway for $365,000. The Woods agreed to provide a $73,000 deposit and the CRA would provide maximum funding assistance amount of $117,000. Closing would be on or before October 31st. The site plan will be submitted after CRA design approval or within 60 days of closing. Permit application for construction of the project would be required within 90 days of site plan approval and construction would commence 90 days after the permit. Completion and Certificate of Use would occur on or before 280 days of the permit issuance. There is a first right of refusal clause, a reverter clause and staff recommended, if the Woman's Club disposed of the property, including language for a second mortgage clause which would act the same way as the First Time Homebuyers program. This would provide additional protection for the Agency's investment from an equity standpoint on the reduction in the sales price to the $365,000 versus the appraised value and for the grants they would receive. The Woods have agreed in theory to all the terms, but they requested the Board consider amending the flat 10 -year hold on the second mortgage to a formula that would decrease each year by 10% and at the end, there be a zero hold on the property. Staff could also institute a hold for five - years and accelerate in years 6 to 10. The entire value would be preserved for the first five years. Mr. Casello liked the five-year hold and accelerating after five years. Mr. McCray asked if it was worthwhile to have the clause in the contract. Attorney Duhy recommended it be included because CRA was disposing of property below market value and providing grants. Either proposal was acceptable. Mr. McCray also liked the five year hold. Chair Grant wanted to include the 7.5 feet along the southern boundary and land by the FEC I$ Page 259 of 334 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida August 8, 2017 railway which was already abandoned. It was explained CRA staff formally initiated the 20 feet alleyway abutting the property by the railroad track abandonment process with the application and the fee was paid. This was separate from the sale of the property and the two actions would come together. Staff wanted a motion for the dedication of the right-of-way of 7.5 feet would be done prior to closing, so at closing they get the property that is remaining and the Woods would not have to go through the process of dedicating the land on their own. In the 7.5 feet of land, there will be improvements to the curb and sidewalks and they will gain land to the west. Chair Grant was amenable to acceleration of the soft second at the end and including the 7.5 feet of land on the south property line to be included as a right-of-way dedication. Mr. Casello asked about the extra cost for dedication and learned there was no extra cost other than the survey. The abandonment cost a small survey cost and a $750 application fee for a total cost of about $1,200. He pointed out it helps the City and the Woods. Vice Chair Katz commented when the Board discussed the alleyway abandonment and sidewalk improvements, there was a possibility the business could come back and request additional funds with the upgrades. Mr. Simon had not heard anything from the Woods they would ask for additional funding. They are educated by the City and these are normally required improvements. They could request funding, but they are conscious of the funds they will receive. Given the investment, he thought the Woods should absorb the costs for sidewalks or roadway improvements as they already got a good deal. Chair Grant asked for a motion for the 7.5 foot dedication of the south boundary line to the City of Boynton Beach. Motion Mr. McCray moved to approve. Vice Chair Katz seconded the motion that unanimously passed. Chair Grant asked for a motion for the second mortgage clause option for the five-year hold and acceleration in years six through ten. Motion Ms. Romelus moved to approve. Mr. McCray seconded the motion that unanimously passed. n. Page 260 of 334 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida August 8, 2017 E. Status of the Purchase and Development and Tax Increment Revenue Funding Agreement with Ocean One Boynton, LLC for the CRA Owned Property Located at 222 N. Federal Highway Mr. Simon explained at the July meeting, negotiations continued about certain items. Both documents were approved by both parties after Attorney Duhy was instructed to make revisions and corrections and bring them back to the Board for execution. Staff spoke with Attorney Bonnie Miskel, but they have not yet signed off on the revisions due to vacations. Attorney Duhy requested the item be put it on the September agenda as an update. F. Discussion and Consideration of Renovation or Demolition of CRA Owned Property located at 1110 N. Federal Hwy Mr. Simon explained this item was brought back to the Board after staff analysis and for further direction. The structure is on MLK Jr. Boulevard and Federal Highway as contained in the CRA Plan. Due to the low parking count, the structure has a non- conforming configuration for active retail or reuse. Staff had contemplated using the building as a satellite office for veteran career recruitment, but after it being dormant, they cannot meet Code. City and CRA staff had contemplated using the structure for a Neighborhood Officer program as there is one-year left on the current office lease which is on MLK Jr. Boulevard, Mr. Simon anticipated the cost to improve the building to meet Code to be about $185,000. The CRA paid $171,000, which was a good opportunity purchase and it gives the CRA one of the three properties that are on the corner. If contemplating a cost benefit analysis, with the acquisition and rehabilitation in the hope of future redevelopment and then having to eliminate it, he suggested the Board may want to consider another location for the Neighborhood Officer Policing program or the Board renew the lease. The Board could also consider including new space from the Ocean Breeze East RFP as a condition of approval. It would be cheaper than new construction and the building would be on Seacrest Boulevard and some reference was made to expose the Neighborhood Officer onto Seacrest Boulevard or some other avenue other than MLK Jr. Boulevard, Mr. McCray asked how much the CRA was paying to lease the building and learned it was $14,400 a year. The property was purchased for $171,000 and it would be $185,000 to rehab. Mr. McCray asked what the property could be used for. If demolished, he learned the property would be lighted, sodded, invasive plant species removed and could be used as a community garden or some type of beautification. Mr. McCray did not support a community gardens as District II had two community gardens and they were the worst two properties in the District. 7 Page 261 of 334 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida August 8, 2017 Chair Grant thought the CRA could use a portable building for less than the $185,000 plus the cost of demolition because the CRA has vacant land. He favored researching portables and if a portable kitchen could be used for a small restaurant. Vice Chair Katz supported demolition as he had hoped to land bank properties for someone willing to build something there and a repair did not make sense to him. Staff had discussion with the property owner to the rear and there may be an opportunity for redevelopment. Jim Knight, a broker for the property east of the parcel had been in touch with surrounding property owners, but the property was in a Trust. Eventually staff will get a hold of someone that will want to redevelop the property themselves, or someone could look at the CRA property and assemble the property. Motion Mr. McCray moved to approve demolition. Vice Chair Katz seconded the motion that unanimously passed. F. Social Media Outreach Program Mr. Simon explained Jamil Doneth and Matt Meinzer were working diligently on the Social Media Outreach program since April and the program received a significant amount of positive feedback. A short presentation was given. Mr. Meinzer also explained they are using a new logo for the social media endeavor and in August, they reached their goal of contacting 23 businesses, including restaurants, pets, arts and crafts. They hope to reach their goal of contacting 30 businesses in September. They reviewed a few of the businesses. Hurricane Alley requested more instruction to help their social media outlets They previously only had Facebook and they were successful with Facebook. In the first week they started their social media account on Instagram, followers jumped from 18 to 339, an increase of 1,617%. They were also looking to start Twitter and social media engagement to inform patrons of events The Amanda James Gallery requested assistance developing brand promotions and sales. Recently, they had an installation at Sacks Fifth Avenue in Palm Beach County and Ms. Doneth and Mr. Meinzer attended the opening with them posting on Facebook, Instagram and Tweets as a live event. The video, to -date, has had 2,200 views, 18 shares and 150 likes. Most of the Gallery's prior posts did not reach more than 100 views and the reach for this was over 6,000. Additionally, three art pieces werepurchased. Mr. Meinzer explained Healing Heart wanted to increase site traffic. Staff developed a blog section on their website. Peaks in the data occurred when staff created new content and new blogs, and that was when most traffic visits the website. Due to the Page 262 of 334 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida August 8, 2017 new information being added to the website, Healing Hearts experienced a 15% increase for phone inquiries, which resulted in increased scheduling of services. Mr. Meinzer explained they teach users how to access website, post the information on it and they are given a notebook. Bark Avenue wanted to develop social media platforms. They lightly used Facebook and staff introduced them to Instagram and Twitter. Their following increased 39% and a lot of it was attributed to what they were doing and not content staff posted for them. There was a 230% increase in engagement, a 400% increase in reach and they have shown Bark Avenue how to use videos as an asset, which resulted in almost a 10,000% increase in video engagement. Ms. Doneth explained they are currently concentrating on cross promotions. They were not only working with the businesses they are helping with social media outreach programs, but also businesses within the District and Boynton Beach. One upcoming promotion is "Grilling on the Boardwalk". The Boardwalk Italian Ice and Creamery wants a grill out with fried food and hot dogs and teamed up with Del Sol Bakery who will provide the baked goods and buns. If someone attends the event and they hashtag Grilling on the Boardwalk, they get 10% off the items. In addition to Del Sol sharing the event on their Facebook page, it was hoped that they would double the reach of both businesses. Ms. Doneth explained they plan to work with Bailey's Blendz and Art Sea Living. They are trying to create a Boynton Beach version of Palm Beach Rocks. Art Sea Living will offer classes to paint the rocks, hide them in places and whoever finds the rocks has the responsibility to share the love of the community. Baileys will be involved and offer a social media promotion if posting a picture of the rock, they tag Bailey's Blendz and like their page, they will get a discount on their next class and Bailey's will give $5 off their smoothies by picking up their rocks at their location. They are also doing cross promotions with the hospital and Palm Beach Rocks. The goal is to teach the owners of the programs so they can move on to help other businesses that have no marketing capital at all. A testimonial was viewed about the social marketing services offered and how it positively impacted their business. Mr. McCray saw two different types of logos and noted one of the logos has the trees cut off on the top. He recommended they keep the logo simple. Chair Grant was happy the Board invested in this project. Vice Chair Katz liked the potential for the program more than basic economic development grants as this program helps to sustain and retain businesses. Many small businesses operate on a very small margin. It was an educational and marketing program with the potential to create jobs. 01 Page 263 of 334 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida August 8, 2017 Mr. Casello asked what they are pursuing and learned they want businesses to reach out to them. They will be working with two new businesses which were a pizza parlor and a waxing and beauty studio. They started out with businesses already receiving grants and those that needed the most help. They used a campaign to promote the program on the website and solicited within the District and the Marina. They have a few dive companies interested in working with them. Mr. Casello asked what the saturation point was. Mr. Meinzer responded in his opinion, 20 accounts is the maximum one person can handle. Mr. Casello thought assisting 40 businesses would be considered successful. Mr. Simon explained the 40 would all be businesses with varying time needs and degrees of assistance. It would likely be more than the 40. The six-month commitment will be over for Mr. Meinzer in September and Ms. Doneth in December. Funding to continue the program in the budget was identified. Motion Mr. McCray moved to grant another extension. Ms. Romelus seconded the motion. The motion unanimously passed. Ms. Romelus commented she has been asking for this program and hoped it would continue. She was unaware of any other cities that offer this program to their businesses owners. Mr. Simon advised keeping the two positions ongoing at a cost of $80,000 to $85,000 was a part time rate. If two full-time positions with benefits, it would be about $110,000. The employees are 35 -hour a week employees at a rate of $17 an hour plus paying the employee management fee of $22 an hour. Ms. Romelus and Mr. Casello favored the program, but Mr. Casello was not ready to make it a permanent position and noted it will be revisited in six months. It was noted each position was extended for six months. Funding for the positions would be from the economic development grant line item, which has $519,000 for grants. Mr. McCray advised this was a way to sell a project or product. G. Discussion and Consideration of the Budget for FY 2017-2018 Mr. Simon explained Ocean Breeze East was allocated $551,000. Mr. McCray asked if there were additional funds that could be used if more was needed and learned there were. Town Square had $2.5 million allocated. The Board approved $2.1 million to be drawn down from the development team as the City Commission decides to go forward with the 30% drawings mark and some funding will be used for improvements at the Old High School during the same time. If the project reaches a funding readiness during the fiscal year, then the $2.5 million will go right to the Town Square allocation. If it continues into the next fiscal year, the funding amount over the course of 20 years would still be needed. It was a place holder. 10 Page 264 of 334 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida August 8, 2017 Mr. Simon noted staff identified by line item which part of the CRA plan was being addressed. Sara Sims Park improvements had $600,000 allocated which was part of the HOB Plan to match the City's $700,000 commitment to the Park. The Town Square was for the Cultural District. Chair Grant noted there has not been redevelopment on MLK since he moved and he was aware the Ocean Breeze East project was close to MLK. He supported getting the Ocean Breeze East project in motion if it took an extra million dollars and wanted the Board to consider it because it is the same District. He was fine with keeping the funding in the MLK Corridor redevelopment and getting ideas for the street. He favored lights wrapped around the poles to add some panache to MLK. Mr. Simon explained this item was addressed by the CRA Advisory Board who recommended, if considering some type of site redevelopment assistance grant or redevelopment project with the Community Caring Center, the MLK Corridor Redevelopment or the Acquisition line items be used. The Model Block project was a roll over from the current budget of $360,670 to continue the replat, road work and site development for the Model Block project. There will be a connection from Seacrest to NW 1St Street on NW 11th Avenue. Mr. Simon explained by the end of this fiscal year, there will be a physical change on the roadway. It was coordinating with FPL underground lines and cable providers. The CRA will create more lots. The E. Boynton Beach Boulevard improvement extension was ongoing. Staff was working with the City to reconfigure the existing parallel parking spaces on the north side of the Boynton Beach Boulevard extension entering the Marina area and providing new spaces in the roundabout where there currently are none. There was $125,000 budgeted. With the estimate from Kimley Horn and with the City's match, there may be an overage. The City budgeted $75,000 and the CRA budgeted $125,000. Staff will keep the Board apprised of the construction cost to ascertain if the Board still supports providing additional parking, realigning of the landscape bed and the lighting. Chair Grant opposed the item noting last year, Marina Village got $900,000 for the beautification of the Marina space. He thought the $125,000 should go to road improvements, but there are many pending improvements on Federal Highway with the FDOT roadway resurfacing plans. He thought the Board should wait a year or two because more than 50 new spaces would be created by Ocean One. He commented the company that originally constructed Boynton Beach Boulevard did a poor job and there was leaking irrigation. He did not mind if the funds would be used elsewhere to make a better impact in the CRA. Mr. Simon agreed regarding the FDOT improvement project, which was also supported and recommended from the CRA Advisory Board. The Board did not identify a line item, but recommended the Board consider finding funding to enhance that project. Staff could identify those items if the Board wanted to allocate funds and would speak with the Treasure Coast Regional Planning Council, the Metropolitan Planning Organization, and FDOT to see how they could work together to 11 Page 265 of 334 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida August 8, 2017 improve the project or add items FDOT does not have available funding. He noted improvements could be cosmetic, include better identification of pedestrian safety at larger intersections, bike paths or others. Mr. McCray did not want anyone to tell the MPO the CRA has money for the project. There was agreement to keep the funds in the line item. If the Board wanted to reallocate, the City would still make improvements regarding the raised planter beds regardless of any CRA assistance to add parking in the roundabout. The funds could be used as a placeholder, but staff would not want to bid the project if the Board wanted to use the funds for FDOT. It will take some time to get with the FDOT so a decision did not have to be made. The property acquisition line item had $766,000 to roll forward. Last year, the line item had $1.5 million. About $800,000 was spent. Mr. Simon would forward a list of what was acquired to the members. The Cottage District project funds would roll over for site information and potential design work of $70,000. The Special Events line item had no change and had $578,000 allocated. Mr. McCray asked about the Special Events/Community Grants funds and if the grants were reimbursable. Mr. Simon explained this year, the Board and the CRA Advisory Board did not support traditional special event grants to non -profits or for-profit organizations to hold neighborhood or other types of special events that met a list of criteria the Board had provided. With the grant applications that have come before the Board, there was a desire for economic development and special events that would be a catalyst for existing businesses, and it was evolved into a community building grant. The Board wanted to stay with more direct cause and effect types of grants, and it is a category the State reviews with a more critical eye. The Woman's Club renovation was $200,000 for repairs to the existing building. There are some renovations that are pressing and need to be done this year such as flooring improvements and refinishing. It was noted the CRA will apply for grant funds. The Economic Development Grant programs were allocated $519,000 including the funding allocated for the social media outreach program. Staff had indicated the grant application guidelines would be reviewed by the Board next month, and they will tweak the grants based on the Board's recommendation to spread funding out. Mr. Simon advised all the funds in the line item are spent every year. The Professional Services line item covered site demolition, legal costs, and architectural services. Some funds in this line item could be reallocated later in the year. `N Page 266 of 334 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida August 8, 2017 The Neighborhood Policing Program and the addition of a third officer was supported by the Board and the Advisory Board. The third officer will help fulfill the program goals and augment the functions of the two current officers. Regular police officers would be interviewed for the position. The Site Work and Demolition line item had $73,000 allocated. The Business Incubator program had $125,000 allocated which included marketing/banners/signage for the business the CRA promotes and at the Marina. Ms. Romelus had wanted to increase marketing. Staff was looking at its marketing methods and would use some of the funds for new sources and bring it to the Board during the year. The Board had allocated $50,000 to the Housing Rehab Program. Mr. Simon commented this might be a good opportunity for another non-profit organization looking for grant funding to supplement an existing rehab program. Chair Grant disagreed and had learned about the PACE program. He wanted housing programs available for roof repairs in addition to the PACE funds which would be more environmentally friendly. Mr. Simon wanted to bring forward an organization that already handles roof and other types of repairs. If the Board does not want to proceed, the CRA could handle it themselves as staff had been contacted by organizations that handle HALO or other residential projects. Chair Grant commented the City has a new sustainability officer to see what can be done for residents in the CRA. There are a few different companies with coop options, if residents want to join together, through a joint effort, the CRA can increase residents and property values in the City. Mr. Simon estimated a roof replacement would cost between $2,500 to $4,500 and there are eligible items and income eligibility requirements. The Board could also institute senior eligibility criteria or identify four or five items and if all conditions are met, the item with the greatest need for those residents would be addressed. Staff will bring back a list of items for the Board to identify which items to fund. Affordability, existing CRA housing stock and population is something to consider. The Board can look at sustainability, the PACE program and steer people to where they can get assistance. Mr. McCray asked how the CRA seeks grants. Ms. Shutt explained there is a grant.gov site. Additionally, a portion of the grant funds can be used to administer the grant which could be done in-house or by hiring an individual to administer the program. Vice Chair Katz thought the CRA should considers placing caps on how much would be spent so more people could be served. If using taxpayer dollars to rehabilitate only one or two homes is a disservice. He would rather use the program as a hand up rather than a hand out and favored more homes serviced. He did not think the CRA should buy a new roof, rather they should provide assistance so the homeowner can get it themselves. Ms. Romelus agreed. Mr. Simon will bring back the terms of the grant. 13 Page 267 of 334 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida August 8, 2017 Mr. Simon noted the debt service portion of the budget was a statement of fact and not an allocation. The General Fund houses the CRA and CRA Advisory Board expense line items and the administrative costs by department were reviewed. If the Board was happy with the CRA Budget, the Board should approve it and it would then be ratified at the September 19, 2017 City Commission meeting. XIV. New Business A. Consideration and Discussion of the Letter Submitted by the Community Caring Center Boynton Beach, Inc. (CCC), for their property located at 145 NE 4th Ave, Boynton Beach, Florida. Mr. Simon explained an email was distributed to the Board and was a review of a request submitted by the Executive Director, Sherry Johnson, to discuss relocation for the Community Caring Center. He noted the Center's activities are well established and needed in the community to move to a location that would be better suited for a commercial building than a residential building. The current location is also on the corner of the Cottage District project site. One possible use when the CRA purchased the vacant lot on the corner of NE 3rd Street and 9th Avenue was to combine that lot with two lots owned by the City as a redevelopment site, one of which was for the Community Caring Center. Staff had been meeting with Ms. Johnson over the last six or seven months and working with the City for a proper location. The location on the corner of NE 2nd and 9th Avenue behind the neighborhood policing office could be supported by staff. It is a general commercial node on the east end of MLK Jr. Boulevard, having an unimproved right of way to the west which would be improved as a component of the project. There is no lane or road between E. MLK Jr. Boulevard and NE 9th Avenue. By creating a right of way on 3rd Street north, commercial corners would pave the way for future redevelopment of the site. The letter was a Sale offer from Ms. Johnson for the CRA to acquire the current Community Caring Center parcel and provide the land under discussion for $10 as the site for relocation. Ms. Johnson also requested additional matching grant funds for a larger project that was to $800,000, which the additional $200,000 would be a portion of. Staff analyzed the offer and provided the Board with three options. Mr. Simon explained the current Community Caring Center property appraised for $171,000 and Ms. Johnson wanted the CRA to provide new land and then help her build. The Community Caring Center was using the funding proceeds from the sale of their current property towards the new property. The CRA could grant Ms. Johnson the property for $10 or some other value and an additional grant of $200,000 which was requested. Mr. McCray asked what the CRA could do with the property the Community Caring Center currently occupied and learned the property is the linchpin of the Cottage District, but the Center's activity is a detriment to a home developer as a social service activity would not be appropriate in a residential area. 14 Page 268 of 334 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida August 8, 2017 Vice Chair Katz inquired about the cost of the property that would be granted and learned the financial outlay on the investment from the CRA was $32,000 on the lot the CRA purchased and the City's investment of the two lots they would transfer are appraised for $60,000 in total. Vice Chair Katz supported the item. It helped foster the Cottage District and was good for all parties. Chair Grant was concerned with the swap and about capital gains, if the CRA provided $300,000. He wanted to ensure the transaction was tax reviewed. He announced he favored approval and wanted site plan approval. He asked if there would be a food pantry or a commercial kitchen, and if the Secret Garden moved there, noting there was a lease involved. Mr. Casello explained the Community Caring Center wanted to provide all Community Caring Center services under one roof. It would be more efficient and they can expand their services with a new facility. Mr. McCray favored the transaction and also wanted to view the site plan and traffic flow. The CRA owns the property to the north and can create a throughway. If supported, staff would have to bring back a Purchase and Development Agreement. Mr. Simon asked where the Board would take the funds. Chair Grant thought it was one block south of MLK and suggested looking at the MLK line item and then property acquisitions. Commissioner Romelus asked for the total cost to the CRA in terms of buying the property and the grants. Mr. Simon explained it depended on if the land is donated or not as contained in the meeting backup. Mr. McCray requested options be presented when the item returns to the Board. B. Consideration and Discussion of the Boynton Beach CRA Non -Profit Organization Grant Funding Program Mr. Simon advised at prior budget meetings, the Board discussed creating a Notice of Funding for non -profits interested in receiving CRA assistance for programs and/or activities such as a business incubator, development programs or any other activities that meet the goals of the CRA. Ms, Shutt explained the goal is to create a process to review non-profit funding to ensure it is aligned to the goals and activities of the CRA. In prior items, the program would leverage CRA funds to provide the greatest benefit for the dollars spent, provide benefits for residents in the community overall, provide for measurable outcomes and transparency, and capacity building so non -profits can use CRA funds to leverage funds from other sources. She noted attachment II contained eligibility criteria, the method of evaluation and the deliverables while providing the Board maximum flexibility to determine funding and work within the fiscal year's budgetary cycle to determine how much to fund. The Board approved $125,000 this fiscal year. If approved, staff would bring back an application and a review process so the program could be activated on October 1st. The CRA also offers the funding cycle recommendation. If commencing the program October 1st, it would take about 90 days from the time the program is advertised to the grant agreement execution. If there is a low response in the dollars 15 Page 269 of 334 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida August 8, 2017 requested, the funds could be continued to the next quarter, or extended on a quarterly basis. Ms. Shutt reviewed the eligibility criteria as contained in the agenda item and commented the CRA recommended CRA funds be allocated for programs and activities for non -profits that will further the CRA goals. Staff was recommending the applicant have the ability to apply for 25% of their operating budget or a maximum of $75,000. If the Board wanted to exceed the 25%, it was recommended the request be a priority project or in a priority area or if it was needed to leverage other funding sources. It was also recommended there be a service agreement and quarterly reimbursement for the funds. Staff wanted to bring back an application and the draft program. If the Board approved, staff can advertise it October 1St. A suggested timeline was contained in the meeting materials and have a pre -submission meeting. November 1St would be the application deadline and the grant evaluation conducted before Thanksgiving. A recommendation would be forwarded to the Board in December and grant execution take place in January. Applicants have to describe what they are doing, what type of program they are providing and meet the other listed criteria. Staff hoped interested parties would attend the workshops. Mr. Casello asked if the Community Caring Center met a lot of the criteria and learned the program was modeled after best practices and prior economic development grants. All the criteria is similar to what they are dealing with now. The program could be expanded to include other activities to remove slum and blight and clean up, or for affordable/workforce housing and recreational and cultural activities. Ms. Shutt noted some non -profits address housing and some may address recreational activities. Staff would publicize the program in to cast the broadest net. Ms. Romelus requested a copy of the flyer be sent to the Board. The flyers would also be printed in Creole, Spanish and English. Motion Mr. McCray moved to approve. Ms. Romelus seconded the motion that unanimously passed. C. Consideration and Discussion of the Boynton Beach CRA Policy for Addressing Letters of Intent to Purchase Property Owned by the CRA Mr. Simon explained the Board requested an actual policy to handle unsolicited or solicited Letters of Intent for entities interested in acquiring or developing CRA -owned parcels. Staff provided information to provide flexibility and to give submitters and proposers guidelines of what to expect as part of the process. Mr. Simon reviewed the letter would be presented to the Board at the first available meeting. If desired, the Page 270 of 334 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida August 8, 2017 Board could issue an RFP, or if it was not a property that was well sought after, the Board could entertain the letter and issue the 30 -day Notice to Dispose. If the CRA received a second letter for the same parcel during that time, staff recommended an RFP immediately be issued. Another option was the Board can decide to solicit offers right away and not do the public notice. Chair Grant supported option 1. Attorney Duhy explained the policy does not have to be selected, when a letter comes forward, the Board could move on it at any time depending on what is before the Board. Vice Chair Katz wanted firmer language to say staff will automatically begin the RFP process. He wanted wording to specify if a letter of intent is submitted and another offer comes in during the notice period, it automatically goes to RFP. Attorney Duhy commented the wording could be changed to indicate staff will automatically begin the RFP process and bring the RFP to be issued to the Board for approval at the next meeting. Motion Mr. Casello moved to approve as amended regarding the automatic language. Mr. McCray seconded the motion that unanimously passed XV. CRA Advisory Board A. CRA Advisory Board Agenda - August 3, 2017 B. Minutes from CRAAB Meeting - July 6, 2017 C. Pending Assignments D. Reports on Pending Assignments Mr. Simon explained one of the pending assignments under review by the Advisory Board was in a tabled status was the special events grants review and the second item was the review of the current CRA vendor policy as it pertains to the number of non- profits and how local vendors and out of town vendors are handled. The intent of the review was for event vendors and not vendors as a whole. He advised this was discussed with the City and the economic development strategy regarding wealth building and procurement. Chair Grant had requested the item be reviewed and commented it was not for the Haunted Pirates Fest, it was more for movies and music. He wanted artists to sell art during movie events and non -profits be available during the music events to spread awareness of their service. He thought there should be a policy in place. It was to convey to people the Town Square could be used for activities other than just a movie. Vice Chair Katz, generally, did not object to asking the CRA Advisory Board to think about ways to leverage events for a variety of ideas including the non and for profits. 17 Page 271 of 334 Meeting Minutes Community Redevelopment Agency Board Boynton each, Florida August 8, 2017 Mr. McCray did not mind the Board reviewing the concept, but did not want individuals who wanted to display their wares at the events. He thought there were many things that could happen. The intent was, regardless of the event, there are opportunities seen by both non and for -profits to become involved in events. In every major event held, someone walks over and wants a tent at the last minute, or contacted staff because a group needs to raise funds, but did not want to pay the application fee. Groups complain one group has a tent and another does not. Staff does not have a policy and needs direction. They need to have an idea for how many non-profit tents will be needed as the CRA will start getting calls in the next 30 days for Pirate Fest. The CRA has policies regarding for-profit vendors, but not non -profits. Mercedes Coppins, Special Events, agreed specifically for non-profit vendors. It is a gray area. The vendor policy for Pirate Fest is they must be a retail vendor with a tangible product related to the theme of that event. The non-profit policy would be for the movies and music events, not big or signature events. The Board agreed. Ms. Romelus asked if staff seeks sponsorships for Pirate Fest and learned staff does. Last year, staff solicited about $20,000 and was trying to attract new business sponsors. Staff learned at the Florida Festival and Events Association Conference, businesses do not want to sponsor events without knowing the head count and demographics. It is hard to track attendance at free events and staff was considering using free tickets, wrist bands, technology boards and others. One goal is to get an attendance type event. Eventually, the event was intended to turn into a profit, ticket -type event. So far $7,000 in sponsorship funds has been raised. It was hoped this year, sponsorship dollars would exceed the $20,000 from last year. Chair Grant commented he would mention it at the Florida League of Cities event next week. Ms. Romelus asked if the Board would consider an Ordinance regarding Local Minority Preference for bids, Chair Grant did not want to do the same thing as the City. She clarified she wanted the Board to consider adopting the policy and learned they would. The item would be on the next agenda. E. New Assignments from CRA Board Meeting July 11, 2017 1. None XVI. Future Agenda Items A. Consideration of the Purchase and Development Agreement with Heartfelt Florida Housing of South Palm Beach County Community Land Trust Inc. (Habitat for Humanity) B. City Owned Lots, Lot 154/156 NE 3rd St liFQ Page 272 of 334 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida August 8, 2017 XVII. Adjournment Motion There being no further business to discuss Vice Chair Katz moved to adjourn. Mr. McCray seconded the motion that unanimously passed. The meeting was adjourned at 8:56 p.m. tA 11 Catherine Cherry Minutes Specialist 19 Page 273 of 334 I CRA BOARD MEETING OF: August 8, 2017 OLD BUSINESS AGENDA ITEM: XIII.D. SUBJECT: Consideration of Purchase and Development Agreement for the CRA Owned Property located at 711 N. Federal Highway to South Florida Marine, d/b/a BZ Woods Properties, LLC SUMMARY: At the April 11, 2017 meeting, the CRA Board reviewed the terms of two proposals for the acquisition and redevelopment of the CRA owned property located at 711 N. Federal Highway. As a result, the CRA Board selected the proposal submitted by South Florida Marine, Inc., d/b/a BZ Woods Properties, LLC, owners Mike and Jana Woods (see Attachment 1). The Board directed CRA staff and legal counsel to prepare a Purchase and Development Agreement to be presented at a future meeting for the Board's review and approval (see Attachment 11). A list of key terms and conditions found in the Agreement are as follows: • Purchase price: $365,000 • Deposit amount: $73,000 • Commercial development grant funding assistance: Maximum funding not to exceed $117,000 • Development timeline: Closing date - October 31, 2017; Site Plan application - sixty (60) days after closing or CRA design approval; Permit application - ninety (90) days after Major Site Plan approval, whichever comes first; Commencement of Construction - ninety (90) days from permit issuance; and Certificate of Occupancy: 280 days from permit issuance. • Reverter clause • First Right of Refusal clause • Second Mortgage clause: This document would secure the full amount of CRA's funding assistance for a period of ten years. The Purchaser has requested that the CRA Board consider amending this section to allow for a 10% reduction in the pay-off amount of the second mortgage, per year for ten years. As a result of their business expansion, the Woods foresee new employment opportunities for up to 12 people and seek to work with local schools in order to fill those new positions. In addition to the physical improvements being made to the physical property, if approved the completed project will include improvements to the existing right-of-way conditions such as a new curb and sidewalk. The CRA Board will need to approve the dedication of 7.5 feet of land from Page 274 of 334 the southern portion of the existing property line to the City of Boynton Beach in order for these improvement to be completed (see Attachment 111). If approved, the dedication will occur and be recorded simultaneously at the closing. FISCAL IMPACT: Proceeds from the sale of the property in the amount of $365,000 will be deposited into the Project Fund. Grant funding will come from FY 16-17 line item, 02-58400-444, Project Fund. CRA PLAN/PROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan, Downtown District and Federal Highway District CRAAB RECOMMENDATION: Recommended approval at their April 6, 2017 meeting. CRA BOARD OPTIONS: Item 1: Right -of -Way dedication of the 7.5 feet of property along the southern property boundary line to the City of Boynton Beach. 1. Approve the Right -of -Way dedication of the 7.5 feet from the southern boundary line of the property located at 711 N. Federal Highway to the City of Boynton Beach. 2. Do not to approve the Right -of -Way dedication of 7.5 feet along the southern boundary line of the property located at 711 N. Federal Highway to the City of Boynton Beach. 3. The CRA Board may consider introducing additional terms or conditions of the Right - of -Way dedication of 7.5 feet along the southern boundary line of the property located at 711 N. Federal Highway to the City of Boynton Beach. Item 2: Purchase and Development Agreement. 1. Approve the Purchase and Development Agreement with BZ Woods Properties, LLC, for the property located at 711 N. Federal Highway in the amount of $365,000 subject to the terms and conditions set forth in the agreement. 2. Do not to approve the Purchase and Development Agreement with BZ Woods Properties, LLC, for the property located at 711 N. Federal Highway in the amount of $365,000 subject to the terms and conditions set forth in the agreement. 3. The CRA Board may consider introducing additional terms or conditions to the Purchase and Development Agreement prior to offering a motion to approve. ATTACHMENTS: Description D Attachment I -April 11, 2017 Item XIII.C. D Attachment II - Draft Purchase and Development Agreement Page 275 of 334 SKETCH & DESCRIPTION FOR, 7511M DEDICATION The south 12.5 feet of Lot 22, LESS the south 5 feet and the east 35 feet thereof, PENCE & KING ADDITION TO THE TOWN OF BOYNTON, according to the plot thereof, as recorded in Plot Book 1, Page 50, of the Public Records of Palm Beach County, Florida. Said lands situate and being in the City of Boynton Beach, Palm Beach County, Florida. 1. Reproductions of this Sketch are not voIld without the signature and the original raised seal of a Florida Licensed Surveyor and Mapper. Additions or deletions to this sketch by other than the signing party is prohibited without written consent of the signing party. 2. No Title Opinion or Abstract to the subject property has been provided. It is possible that there are Deeds, Easements, or other instruments (recorded or unrecorded) which may affect the subject property. No search of the Public Records has been made by the Surveyor. 3. The land description shown hereon was prepared by the Surveyor. 4. Data shown hereon was compiled from instrument(s) of record and does not constitute a boundary survey. 5. Abbreviation Legend: = Centerline; L.B. = Licensed Business; 0,R.B. = Official Records Book; P = Per Record Plot; P.B. = Plat Book; P.B.C.R. = Palm Beach County Records; P.L.S. = Professional Land Surveyor; R/W = Right—of—Way. I HEREBY CERTIFY that the attached Sketch and Description of the hereon described property is true and correct to the best of my knowledge and belief as prepared under my direction. I FURTHER CERTIFY that this Sketch and Description meets the Standards of Practice set forth in Chapter 5J-17.050 through 5J-17.052, Florida Administrative Code, pursuant to Section 472.027, Florida Statutes. Date: MICHAEL D. AVIROM, P.L.S. Florida Registration No. 3268 AVIROM & ASSOCIATES, INC. L.B. No. 3300 EMAIL: mike@aviromsurvey.com REVISIONS A VIROM & ASSOCIATES, INC. & AS$() SURVEYING & MAPPING 0 '�0 o. 50 S.W 2nd AVENUE, SUITE 102 4 BOCA BATON, FLORIDA 33432 (561) 392-2594 / mviv.AVIROMSURVEYcom @207 AVRO" & ASSOCIATES, INC all nghf5 resmed, This sketch is he pro V ,=.rt�o;,,A iR0,V&ASSOCf.ATESIl,.1C and shoufd Z be orcopied ,sithcdl I%Man ffmissicn JOB #: 10475A REV. R/W DEDICATION V40TH 07/11/2017 (MA.K.) SCALE: N/A DATE: 04125/2017 BY: M.M.K. CHECKED: M.D.A. F.B. N/A PG, N/A SHEETPaae Pffi of 3341 q SKETCH & DESCRIPTION FOR: 7.5' RM DEDICATION A PORTION OF LOT 22, PENCE & KING ADDITION TO TOWN OF BOYNTON (PLAT BOOK 1, PAGE 50, P.B.C.R.) CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA L 25' 4 { LAKE ADDITION TO TOWN OF BOYNTON (P.B. 11/71, P.B.C.R.) I LOT 19 1 4 I i m I 00 LOT 20 U In I N-'d- r+ U3 t11 LOT 21 I ¢ o 0 w In _ In LOT LINE (TYPICAL) j z -J m w LOT 22 i w u- SOUTH 12.5' OF LOT 22 1 -' l 7.5' RIW DEDICATION n �, � I � i it L � F ! o ! N j _9.25' 9.25' N.E. 6th AVENUE L 18.5' PLATTED R/W SOUTH DEED LESSOUT SOUTH 5' OF LOT 22 (O.R.B. 28504/483, P.B.C.R.) LINE OF LOT 22 SOUTH LINE OF N.E. a OF S.E. 1 OF SECTION 21-45-43 I ROBERT ADDITION TO TOWN OF BOYNTON (P.B. 1/51, P.B.C.R.) REVISIONS AVIROM & ASSOCIATES, INC. BASSO SURVEYING & MAPPING 50 S. W. 2nd AVENUE, SUITE 102 4 y BOCA BATON, FLORIDA 33432 (561) 392-2594 / www.AVIROMSURVEYcom �sr'4NISHED 19B� ©2017 AVIROM S. ASSOCIATES, !NC all rights reserved. This sketch is the property r"of S ASSOCIATES, INC. arxt shoafd not be reproduced orcop'ed v.3thout tisrrtterr permissorr. i oz� SCALE: 1' = 49 DATE: 04/25/2017 C � V rj r CqF cc F.B. NIA PG. NIA X O ! r U .� Q it L � F ! o ! N j _9.25' 9.25' N.E. 6th AVENUE L 18.5' PLATTED R/W SOUTH DEED LESSOUT SOUTH 5' OF LOT 22 (O.R.B. 28504/483, P.B.C.R.) LINE OF LOT 22 SOUTH LINE OF N.E. a OF S.E. 1 OF SECTION 21-45-43 I ROBERT ADDITION TO TOWN OF BOYNTON (P.B. 1/51, P.B.C.R.) REVISIONS AVIROM & ASSOCIATES, INC. BASSO SURVEYING & MAPPING 50 S. W. 2nd AVENUE, SUITE 102 4 y BOCA BATON, FLORIDA 33432 (561) 392-2594 / www.AVIROMSURVEYcom �sr'4NISHED 19B� ©2017 AVIROM S. ASSOCIATES, !NC all rights reserved. This sketch is the property r"of S ASSOCIATES, INC. arxt shoafd not be reproduced orcop'ed v.3thout tisrrtterr permissorr. JOB #; 10475A REV. R/w DEDICAMN WDTH 07/11/2017 (MAX)o� SCALE: 1' = 49 DATE: 04/25/2017 BY: M.M.K. CHECKED: M.D.A. F.B. NIA PG. NIA SHEETtj age uoissiuuatl uanuM nounM paboampaaroo�ca��:oup:nous we ...................................................................................................................................................................... MHOW)dNnOO HOV39 AlVd'HOV3a NOINA09 d0 All0 b=10 '133Hs aN: s3i v:a�ssv awoa:nv ro,ruadad au: s. uo:ayssui a3r+sney — AV3£630NV?]'H1f10S 9b dIHSNM01 P__ a,a _s:ue,ue — s3iv:a�ssvawomnv I'll gab- 1 -- --- --- --- --- --- 6L-SL 'Od 9686 'a'j Loo'A3ANnSWON1Av— / b6SZ-Z6E (09) ....lZ NOR03S Ni ONP l -03N33H0 ZEbEE VOIN07d 'NOIVN V008 y D C&O'8'd L911'8'd) NO1NA0801 NOI1100V 1?138OH 'A.MN :,19 ZOL 3LnS '3nN3AVP-Z M'S OS Y6 --- --- - -- -- C &O'8'd'OSR '8'd) NO1NAO8 Ol N011100V OMN S 30N3d LIOZIL lISO 31tl0 JNlddVW'8 JN1/3ALtnS ��ossv$�� v<of Aad 3nN3AV 4W 3N oz=„ a,vos SNI `S31VI�OSSb 8 WONI/lb GlAo Aa Od r'a'j liva SN01S6\3a A3A?Jf1S OIHdVaOOdO1 6-SLVO6 naor 12. B. NEW BUSINESS 10/3/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/3/2017 REQUESTED ACTION BY COMMISSION: The Mayor has requested to discuss the possibility of a resolution by the City in support of development of a boat lift at the C51 canal. Robert Shalhoub, President Pro Tern of Lake Clarke Shores to participate in discussion. EXPLANATION OF REQUEST. The Board of Directors of the PBC League of Cities passed Resolution 2016-01 on January 27, 2016 supporting and encouraging development of the chain of lakes blueway trail project (see attached) 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: ATTACHMENTS: Type D Attachment D Attachment D Attachment Description PBC League Reso 2016-01 Reso - Direct Cities Reso - Indirect Cities Page 280 of 334 RESOLUTION 2016-01 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE PALM BEACH COUNTY LEAGUE OF CITIES, INC. SUPPORTING AND ENCOURAGING DEVELOPMENT OF THE CHAIN OF LAKES BLUEWAY TRAIL PROJECT WHICH INCLUDES IMPROVEMENTS TO THE CHAIN OF LAKES, THE OCEAN TO LAKE TRAILS INITIATIVE AND DEVELOPMENT OF A BOAT LIFT AT THE C51 CANAL 5155 CONTROL STRUCTURE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation Act of 1969," authorizes local governments to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities that will harmonize geographic, economic, population and other factors influencing the needs and development of local communities; and WHEREAS, the desire of our cities to develop recreational opportunities, encourage economic development, and create new jobs within their regional area while enhancing the environmental attributes of their communities should be commended; and WHEREAS, the Treasure Coast Regional Planning Council (TCRPC) created The Intracoastal Waterway Plan for Palm Beach County: Charting a Course for the Future ('09 Charrette) for the Palm Beach County Metropolitan Planning Organization (MPO), published in January 2009; and WHEREAS, the '09 Charrette participants identified six core public themes including increasing public access to the Intracoastal Waterway (ICW), protecting natural resources, expanding all forms of water based transportation, and promoting sustainable economics; and WHEREAS, the MPO requested the '09 Charrette be updated by TCRPC and their report was published in January 2015 which documented that a connection to the ICW at the S155 Control Structure on the C51 Canal wouldhave significant economic and recreational benefit; and WHEREAS, the municipalities within the heart of Palm Beach County are working to stimulate economic development by creating opportunities for ecotourism and a new freshwater marine industry and are calling the initiative the Chain of Lakes Blueway Trail Project; and WHEREAS, the C51 Canal is connected to a 26 -mile chain of freshwater lakes (Pine Lake, Lake Clarke, Lake Osborne, Lake Eden and Lake Ida) and navigable canals within our regional area; and WHEREAS, a connection between the ICW and the C51 Canal at the 5155 Control Structure would provide for economic development, job creation and recreational enhancement. The connection has been referred to as the "Boat Lift" and is estimated to provide significant Page 1 of 3 Page 281 of 334 economic benefit to the regional area; and WHEREAS, the Boat Lift provides for environmental enhancement to the waterways, safe and effective portage opportunities for non -motorized recreational watercraft, and small motorized boats to access the Lake Worth Lagoon; and WHEREAS, the current President of the Palm Beach County (PBC) League of Cities has created an initiative called Ocean to Lake Trails, focused on enhancement of the land and water trail system from the Ocean to the Lake Okeechobee Trail System; and WHEREAS, the PBC League of Cities Ocean to Lake Trails Committee has identified the Boat Lift and the associated improvements to the ICW and the C-51 as vital to that Ocean to Lake Trails initiative; and WHEREAS, the Palm Beach County League of Cities recognizes a significant environmental resource in the canals and lakes that must be protected and improved; and WHEREAS, the Palm Beach County League of Cities supports improvements to the C51 Canal that would enhance the recreational uses of the Lake Worth Lagoon, ICW, C51 Canal, and the Chain of Lakes and provide for new economic opportunities and job creation; and WHEREAS, Palm Beach County Commissioner, Shelley Vana, hosted a regional visioning session, where redevelopment was the number one priority for this area of Palm Beach County; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE PALM BEACH COUNTY LEAGUE OF CITIES, INC.: SECTION 1: The Palm Beach County League of Cities fully acknowledges and supports the following: A. Recreational opportunities, economic development and environmental enhancement which occur within the Chain of Lakes Blueway Trail Project which are beneficial to the regional area and ultimately to all of Palm Beach County; and B. The efforts of Palm Beach County, Lake Clarke Shores, Greenacres, Palm Springs, West Palm Beach, Boynton Beach, Cloud Lake, and Glen Ridge to proceed with improvements to the chain of lakes, the Ocean to Lake Trails initiative and development of a boat lift at the C51 canal and the S 155 control structure. SECTION 2: The Board hereby requests that this resolution be sent directly to the Governor of Florida, and members of the Palm Beach County Legislative Delegation. SECTION 3: This resolution shall take effect immediately upon adoption by the Board of Directors of the Palm Beach County League of Cities, Inc. PASSED AND ADOPTED this 27th day of January, 2016. Page 2 of 3 Page 282 of 334 BOARD OF DIRECTORS OF THE PALM BEACH COUNTY LEAGUE OF CITIES, INC. Dawn Pardo, President (SEAL) Page 3 of 3 Page 283 of 334 RESOLUTION #15- A RESOLUTION OF THE [GOVERNING BODY] OF THE [MUNICIPALITY NAME], FLORIDA SUPPORTING AND ENCOURAGING EFFORTS BY THE [ENTITY] AND NEIGHBORING MUNICIPALITIES TO PROCEED WITH IMPROVEMENTS TO THE CHAIN OF LAKES, THE OCEAN TO LAKE TRAILS INITIATIVE AND DEVELOPMENT OF A BOAT LIFT AT THE C51 CANAL S155 CONTROL STRUCTURE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation Act of 1969," authorizes local governments to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities that will harmonize geographic, economic, population and other factors influencing the needs and development of local communities; and WHEREAS, the [Entity] desires to develop recreational opportunities, encourage economic development, and create new jobs within our regional area while enhancing the environmental attributes of the [Entity]; and WHEREAS, the Treasure Coast Regional Planning Council (TCRPC) created The Intracoastal Waterway Plan for Palm Beach County: Charting a Course for the Future ('09 Charrette) for the Palm Beach County Metropolitan Planning Organization (MPO) published in January 2009; and WHEREAS, the '09 Charrette participants identified six core public themes including increasing public access to the Intracoastal Waterway (ICW), protecting natural resources, expanding all forms of water based transportation, and promoting sustainable economics; and WHEREAS, the MPO requested the '09 Charrette be updated by TCRPC and their report was published in January 2015 which documented that a connection to the ICW at the S155 Control Structure on the C51 Canal would have significant economic and recreational benefit; and WHEREAS, the C51 Canal is connected to a 26 mile chain of freshwater lakes (Pine Lake, Lake Clarke, Lake Osborne, Lake Eden and Lake Ida) and navigable canals within our Page 1 of 4 Page 284 of 334 regional area; and WHEREAS, the [Entity] supports improvements to the C51 Canal that would enhance the recreational uses of the ICW, C51 Canal, and the Chain of Lakes and provides for new economic opportunities and j ob creation; and WHEREAS, a connection between the ICW and the C51 Canal at the S155 Control Structure would provide for economic development, job creation and recreational enhancement. The connection has been referred to as the "Boat Lift" and is estimated to provide significant economic benefit to the regional area; and WHEREAS, the [Entity] recognizes a significant environmental resource in the canals and lakes that must be protected and improved; and WHEREAS, the Boat Lift provides for environmental enhancement to the waterways, safe and effective portage opportunities for non -motorized recreational watercraft, and small motorized boats to access the ICW; and WHEREAS, the current President of the Palm Beach County (PBC) League of Cities has created an initiative called Ocean to Lake Trails focused on enhancement of the land and water (Blueway) trail system from the Ocean to the Lake Okeechobee Trail System; and WHEREAS, the Ocean to Lake Trails Committee of the PBC League of Cities has identified the Boat Lift and the associated improvements to the ICW and the C-51 as vital to that Ocean to Lake Trails initiative; and WHEREAS, Palm Beach County Commissioner, Shelley Vana, hosted a regional visioning session, where redevelopment was the number one priority for this area of Palm Beach County; and WHEREAS, in recognizing these facts, the [MUNICIPALITY NAME] desires to join with our regional area neighboring municipalities in their joint efforts to create a regional focus on the Eastern C- 51 Canal. NOW, THEREFORE, BE IT RESOLVED BY THE [GOVERNING BODY] OF THE [MUNICIPALITY NAME], FLORIDA: Page 2 of 4 Page 285 of 334 SECTION 1: The [Governing Body] fully acknowledges and supports the following: A. Recreational opportunities, economic development and environmental enhancement which occur within the regional area are beneficial to the [Entity] and, therefore, are supported by the [Entity]; and B. The [Entity] will independently encourage the development of the Chain of Lakes, the Ocean to Lake Trails initiative, and the Boat Lift consistent with the recitals above; and C. Regular communications shall be maintained between the regional area municipalities to ensure cooperate and support for one another in any and all efforts to advance the Chain of Lakes, the Ocean to Lake Trails initiative, and the Boat Lift. SECTION 2: The [Entity] agrees that this Resolution may be used to market the Chain of Lakes, the Ocean to Lake Trails initiative, and to solicit funds from other sources for the planning, design, permitting and construction of the Chain of Lakes and the Boat Lift, and discuss this project with others as a single regional voice. SECTION 3: This Resolution shall take effect immediately upon passage. PASSED AND ADOPTED this day of , 2015. [MUNICIPALITY NAME], FLORIDA Page 3 of 4 FOR AGAINST Page 286 of 334 ATTEST: IM Page 4 of 4 Page 287 of 334 RESOLUTION 2015- A RESOLUTION OF THE [GOVERNING BODY] OF THE [MUNICIPALITY NAME], FLORIDA SUPPORTING AND ENCOURAGING EFFORTS BY THE TOWN OF LAKE CLARKE SHORES AND NEIGHBORING MUNICIPALITIES TO PROCEED WITH IMPROVEMENTS TO THE CHAIN OF LAKES, THE OCEAN TO TRAILS INITIATIVE AND DEVELOPMENT OF A BOAT LIFT AT THE C51 CANAL S155 CONTROL STRUCTURE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation Act of 1969," authorizes local governments to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities that will harmonize geographic, economic, population and other factors influencing the needs and development of local communities; and WHEREAS, the desire of our sister cities to develop recreational opportunities, encourage economic development, and create new jobs within their regional area while enhancing the environmental attributes of their communities should be commended; and WHEREAS, the Treasure Coast Regional Planning Council (TCRPC) created The Intracoastal Waterway Plan for Palm Beach County: Charting a Course for the Future ('09 Charrette) for the Palm Beach County Metropolitan Planning Organization (MPO) published in January 2009; and WHEREAS, the '09 Charrette participants identified six core public themes including increasing public access to the Intracoastal Waterway (ICW), protecting natural resources, expanding all forms of water based transportation, and promoting sustainable economics; and WHEREAS, the MPO requested the '09 Charrette be updated by TCRPC and their report was published in January 2015 which documented that a connection to the ICW at the S155 Control Structure on the C51 Canal would have significant economic and recreational benefit; and Page 1 of 3 Page 288 of 334 WHEREAS, the C51 Canal is connected to a 26 mile chain of freshwater lakes (Pine Lake, Lake Clarke, Lake Osborne, Lake Eden and Lake Ida) and navigable canals within our regional area; and WHEREAS, the [Municipality Name] supports improvements to the C51 Canal that would enhance the recreational uses of the ICW, C51 Canal, and the Chain of Lakes and provide for new economic opportunities and job creation; and WHEREAS, a connection between the ICW and the C51 Canal at the S155 Control Structure would provide for economic development, job creation and recreational enhancement. The connection has been referred to as the "Boat Lift" and is estimated to provide significant economic benefit to the regional area; and WHEREAS, the [Municipality Name] recognizes a significant environmental resource in the canals and lakes that must be protected and improved; and WHEREAS, the Boat Lift provides for environmental enhancement to the waterways, safe and effective portage opportunities for non -motorized recreational watercraft, and small motorized boats to access the ICW; and WHEREAS, the current President of the Palm Beach County (PBC) League of Cities has created an initiative called Ocean to Lake Trails focused on enhancement of the land and water trail system from the Ocean to the Lake Okeechobee Trail System; and WHEREAS, the Ocean to Lake Trails Committee of the PBC League of Cities has identified the Boat Lift and the associated improvements to the ICW and the C-51 as vital to that Ocean to Lake Trails initiative; and WHEREAS, Palm Beach County Commissioner, Shelley Vana, hosted a regional visioning session, where redevelopment was the number one priority for this area of Palm Beach County; and NOW, THEREFORE, BE IT RESOLVED BY THE [GOVERNING BODY] OF THE MUNICIPALITY NAME], FLORIDA: SECTION 1: The [Governing Body] fully acknowledges and supports the following: Page 2 of 3 Page 289 of 334 A. Recreational opportunities, economic development and environmental enhancement which occur within the partner municipalities are beneficial to the regional area and ultimately to the [Municipality Name]; and B. The efforts of the partner municipalities to proceed with improvements to the chain of lakes, the Ocean to Lake Trails initiative and development of a boat lift at the C51 canal and the S155 control structure. SECTION 3: This Resolution shall take effect immediately upon passage. PASSED AND ADOPTED this day of [MUNICIPALITY NAME], FLORIDA a ATTEST: IM FOR AGAINST Page 3 of 3 Page 290 of 334 12.C. NEW BUSINESS 10/3/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/3/2017 REQUESTED ACTION BY COMMISSION: Discussion relating to the Building Board of Adjustment and Appeals Board as to establishment, duties and future. EXPLANATION OF REQUEST: Commissioner Romelus has requested discussion on the future need for the Building Board of Adjustments and Appeals. The Board has not met since November 2014. The board has 5 Regular positions and 2 alternates. Currently there are 5 Regular positions filled and 1 alternate position filled. 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: ATTACHMENTS: Type Description Boynton each Amendments to the Florida Building Code Section 113 Building Board of Adjustment and Appeals Page 291 of 334 The building official rejected or refused to approve the mode or manner of construction proposed to be followed or materials to be used in the Installation or alteration of a building, structure or service system. 3. That an equally good or more desirable form of installation can be employed in any specific case, which the building official has rejected or refused. 4. The true intent and meaning of this code or any of the regulations hereunder have been misconstrued or incorrectly interpreted. 113A.2 Variances,. The Building Board of Adjustments and Appeals, when upon wdften request, has been so appealed to and after a hearling, may vary the application of any provision of this code to any particular case when, in its opinion, the enforcement thereof would do manifest injustice and would be contrary to the SAM?1a 11 Of the following: 1. That special conditions and circumstances exist which are peculiar to the building, structure or service system Involved and which are not applicable to others. 2. That the special conditions and circumstances do not result from the action or inaction of the applicant. 3. That granting the va6ance requested will not confer on the applicant any special privilege that Is denied by this code to other buildings, structures or service system. 4. That the variance granted IS the minimum variance that will make possible the reasonable use of the building, structure or service system. 5. That the grant of the vadance will be in harmony with the general intent ane purpose of this code and will not be detrimental to the public health, safety an -0 general welfare. 113A.3 Notice of appeal,. Notice of appeal shall be in wHting and filed within M calendar days after the buliding official renders the decision. Appeals shall be in a form acceptable to the building official. 113A.4 Unsafe or dangerous buildings or service systems. In the case of a building, structure or service system, which in the opinion of the building official,4z unsafe, unsanitary or dangerous, the building official may, in the order, limit the time for such appeals to a shorter pedod. �-E Page 294 of 334 14.A. FUTURE AGENDA ITEMS 10/3/2017 REQUESTED ACTION BY COMMISSION: Approve amendments to the LAND DEVELOPMENT REGULATIONS, Chapter 1, Article 11, Definitions and Chapter 3, Article IV, Section 3.D, Table 3-28, Use Matrix and Footnote #57 to add definitions, use provisions, and standards that regulate the medical marijuana dispensary industry. - October 17, 2017 EXPLANATION OF REQUEST: On November 8, 2016, Florida voters approved Amendment 2, which fully legalized the medical use of marijuana throughout the State for individuals with specified "debilitating" conditions and would authorize cultivation, processing, distribution, and sale of marijuana and related activities. On June 9, 2017 at the Florida Legislature special session, the Florida House and Senate passed bills amending the state's medical marijuana laws. The Governor subsequently signed the bills on June 23, 2017. As part of those amendments, the state law includes preemptions outlined below: • City may not place specific limits on the number of dispensing facilities. • City may not enact regulations or restrict locations, which are more restrictive than regulations, or locations for pharmacies. • City may not charge a fee in an amount greater than the fee charged to pharmacies. • Dispensaries cannot be located within 500 feet of an elementary, middle, or secondary school unless City approves location through formal proceeding. The purpose of these amendments is to establish requirements that regulate marijuana -dispensing facilities in the interest of the public health, safety and general welfare and that ease the regulatory burden on the City. In particular, this amendment is intended to regulate the sale and distribution of medical marijuana to ensure a supply to patients who qualify to obtain, possess, and consume, or any other use of medical marijuana permissible under state law. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? There are no anticipated changes in City programs or services. FISCAL IMPACT: The new use would increase application, permitting and business tax receipt revenues. ALTERNATIVES: 1. Add medical marijuana dispensaries to the land development regulations while amending the regulations for pharmacies to implement further restrictions. 2. Ban medical marijuana dispensaries in the City. STRATEGIC PLAN: Page 297 of 334 STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: Page 298 of 334 14. B. FUTURE AGENDA ITEMS 10/3/2017 REQUESTED ACTION BY COMMISSION: Approve 711 North Federal Highway Abandonment (ABAN 17-007) allowing the abandonment of a portion of the alley immediately west of 711 North Federal Highway, and immediately north of NE 6th Avenue. Applicant: Michael Simon, Executive Director of the Boynton Beach Community Redevelopment Agency (CRA). - October 17, 2017 EXPLANATION OF REQUEST: Michael Simon, Executive Director of the Boynton Beach Community Redevelopment Agency (CRA), is requesting to abandon a portion of the 20 -foot wide alley right-of-way (ABAN 17-007) immediately west of 711 North Federal Highway, and immediately north of NE 6th Avenue. The CRA is requesting the abandonment as owner of the abutting 711 N. Federal Highway, in preparation for the sale of the property to the owner of the boat dealership immediately to the north (South Florida Master Craft), to facilitate the expansion of their business venture. Similar segments of the same alley have previously been abandoned, which abutted properties immediately to the north of the subject parcel; at 725 N. Federal Highway (South Florida Master Craft) and 805 N. Federal Highway (Miami Aqua Culture), in 2009 and 2005, respectively. Staff has determined that the requested abandonment would not adversely impact traffic or other City functions, and would not adversely impact other adjacent property owners. Based on the above -analysis, staff has determined that the subject alley no longer serves a public purpose, and therefore recommends APPROVAL of the applicant's request, subject to the attached conditions. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: Additional tax revenue from property being placed on the tax roll. ALTERNATIVES: None recommended. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: CLIMATE ACTION DISCUSSION: N/A Page 299 of 334 Is this a grant? Grant Amount: Page 300 of 334 14.C. FUTURE AGENDA ITEMS 10/3/2017 REQUESTED ACTION BY COMMISSION: Approve Courtyard Gardens Major Site Plan Modification (MSPM 17-007) for a one-story, 51,258 square foot inpatient medical facility with memory care and related site improvements at 3005 S. Congress Avenue, in the C-3 (Community Commercial) zoning district. Applicant: Joni Brinkman, Urban Design Kilday Associates. - October 17, 2017 EXPLANATION OF REQUEST: Joni Brinkman, of Urban Design Kilday Associates, representing Sannlor Properties, LLC and Courtyard Gardens of Boynton Beach, LLC, is requesting Major Site Plan Modification approval to construct a one-story, 51,258 square inpatient medical facility with memory care and related site improvements. According to information provided by the applicant, the proposed facility will provide 150 beds and specialize in Alzheimer's and dementia care. The site proposed for development was the southern portion of the Manor Care campus, housing a 120 -bed assisted living facility, while the northern site housed a nursing and rehabilitation facility (still in operation). The former assisted living facility was ultimately demolished following significant roof damage from hurricane in 2009. Since the building demolition, this property was site plan approved for The Slomin Family Center for Autism (NWSP 10-005), which was never built. After the expiration of the Slomin approval, an application was submitted to construct a 19,000 square foot inpatient detox facility (Novus Medical Center MSPM 15-008), which was denied by the City Commission in November of 2015. Staff recommends approval, subject to the Conditions of Approval listed in Exhibit C. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: Revenue associated with permit fees, property taxes and business tax ALTERNATIVES: None recommended. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: CLIMATE ACTION DISCUSSION: N/A Is this a grant? Page 301 of 334 Grant Amount: Page 302 of 334 14.D. FUTURE AGENDA ITEMS 10/3/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/3/2017 REQUESTED ACTION BY COMMISSION: Staff to bring information concerning disposing of City -owned land - October 17, 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: Page 303 of 334 14. E. FUTURE AGENDA ITEMS 10/3/2017 REQUESTED ACTION BY COMMISSION: Discussion of number of boards people are allowed to serve on at one time, attendance policies, eligibility rules and qualification of members for all boards. - October 17, 2017 EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 304 of 334 14. F. FUTURE AGENDA ITEMS 10/3/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/3/2017 REQUESTED ACTION BY COMMISSION: Presentation and adoption of FY 17/18 Strategic Plan I nitiatives - October 17, 2017. EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 305 of 334 14.G. FUTURE AGENDA ITEMS 10/3/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/3/2017 REQUESTED ACTION BY COMMISSION: Staff to review and report concerning Florida Te)dile Recycling, LLC. FTR, LLC which provides automated clothing recycling as a non-profit corporation and provides funding to agencies for other non-profit uses - November 7, 2017. EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: Non -budgeted ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type D Attachment Description TR, LLC Brochure Page 306 of 334 p O C d _ O C 'a -o -o a> a> ON N -O O c t ant c C U O cC C -O � "O 0 g cz Y cz Nct d UiN O cz UN tC 'O bA } cn O '6 O -0 N U 03 Q -U6 O C co O C C 7 co N a--� (C U N co '6 C a- <G m O C :3t U t N U C fC a+ C Q +�+ N bA bA bA N Q N O m Q +� Qa- o �U U U d U N U U E -O N U O C Y U N U N C a'' 7 > O N O aT+ o: O CE -) d U O U � N U i E U J N O tC m2 T 3 c- 261 `` N (C a--� -O a--' N � ,A... C 'a = N •N O L ++ 7 E U C � U ++ c O d U ++ (C cC 2i N E i Uj +� T 7 m O C C U (C O UV O C C X a-+ a m N O C i C U L U O O E a" C X aL d E U d T N d •U t O i O bA d U 0 N Q cC cC d E03 0 C N 7 O N G O co E CZ O O - EMUm:Z3ONQ UN E+EEN� O 7 Na�CISU > • +�iNON i � O • -O -aU O O O O b O ON--� UOLU O 'E c > E te C,5"7 Q L cN o 0 48 L U �j' O N tO •� 0 U ta"'C Q O Q E Q J O_ ate-+ O d' C L j cz U O 7 C 0 +i_-! m . w > > a E +� +� • +t+ 0. 5;= cz N b).2, 0 U D Iz N t O O -E O Q � C E O —O E +' �' *Z, O L L bA N p N a cc j O O O bA m �j C C N O U Q U -O V U =� U N 2Oti d cTC c�OU 'OU QNOX C C Q T U D O a O N O U 2� U N O- O ci E cz 4 JL N T -- N .� d N tC O QE C 7•CZ t:3 O�UmsE C +� + tWw� -0U O �n 1� -o U > �+ N cC C A cC ,$cz U O Q a--; Uco Qo) d Q +' N O C d' O U " Ocu a 0 0 o c c � cu 2 x o a v U LL cc cc O E o FT n 14. H. FUTURE AGENDA ITEMS 10/3/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/3/2017 REQUESTED ACTION BY COMMISSION: Staff will prepare a list of legislative priorities for the 2018 legislative session for the Commission's input and approval. - November 7, 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? Grant Amount: Page 309 of 334 14.1. FUTURE AGENDA ITEMS 10/3/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/3/2017 REQUESTED ACTION BY COMMISSION: Staff to research possibility of allowing dogs at the beach during certain hours and bring back to Commission - TBD 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: Page 310 of 334 14.J. FUTURE AGENDA ITEMS 10/3/2017 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 17-021 - SECOND READING -Approve Town Square Future Land Use Map Amendment from Public and Private Governmental/Institutional (PPGI) and High Density Residential (HDR) to Mixed Use Medium (MXM) and rezone from PU Public Usage, REC Recreation and R-3 Multifamily to MU -3 Mixed Use 3 zoning district. City -i nitiated.(First Reading approved 8/15, Second Reading Pending Fl. Dept. of Economic Opportunity approval, which takes approximately 2 to 4 months.) PROPOSED ORDINANCE NO. 17-022 - SECOND READING - Amending Ordinance 02-013 to Rezone a Parcel of Land Described Herein and Commonly Referred to as Town Square From Public Usage (Pu); Recreation (Rec) And Multifamily (R-3) to Mixed Use 3 (Mu -3). EXPLANATION OF REQUEST: This future land use amendment and rezoning have been initiated by City staff in preparation for the redevelopment of the civic campus, now referred to as Town Square, into a mix use project. The project is proposed as a partnership between the City, the CRA and the private development team, based on the Public - Private Partnership (P3) development model pursuant to Chapter 255.065, Florida Statutes. In addition to the civic campus, the subject actions apply to the property occupied by the Park Lane Condominium, a small condominium development partially surrounded by the project area. At present there is no formal, full Master Plan application for the project accompanying the zoning request. Since 2015, the City has been able to proactively initiate and process future land use reclassifications and rezonings to selected sites for which there already is a specific vision, supported by a redevelopment or other plan of major importance. The subject request meets this criterion, as the Town Square project is supported by both the CRA Plan and the City's Strategic Plan. The proposed Mixed Use Medium (MXM) future land use category implements the CRA Plan's FLU recommendation for the property. The maximum density for the MXM is 50 du/acre. However, since the site is located within the Downtown Transit -Oriented Development (DTOD) district, its redevelopment density can potentially be increased by 25%, to 63 du/acre. Currently, the City is considering linking eligibility for a 25% density bonus to participation in the Workforce Housing Program. Since the site exceeds 10 acre, the amendment, if approved, will have to undergo state review prior to the City final approval. Moreover, the requested Mixed Use Medium FLU classification, as well as the MU -3 zoning district, require updates to the regulatory framework, including the Comprehensive Plan Future Land Use Element and the Land Development Regulations (LDRs). The Comprehensive Plan amendments were adopted by the City Commission on July 18th and subsequently resent to the state for a final review. If not challenged, the amendments will become effective 31 days after amendment package is deemed complete. Amendments to the LDRs—currently in drafting—will implement the Comprehensive Plan -modified FLU structure as well as changes to the zoning structure recommended by the CRA Plan. The LDR amendments Page 311 of 334 are anticipated to be adopted by September 19th. The Planning and Development Board recommended denial of the subject request on July 25, 2017. The chief concern was perceived lack of adequate protection for historic properties.. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The relocation/rehousing of city departments planned as part of the Town Square project has a potential to significantly enhance efficiency of the public service provision. FISCAL IMPACT: The project will generate new ad valorem tax stream revenues from the previously tax exempt properties through the involvement of the private sector. ALTERNATIVES: Staff does not recommend any alternatives. STRATEGIC PLAN: Great Neighborhoods: Safe, Affordable and Livable STRATEGIC PLAN APPLICATION: This action represents a critical task for achieving the "Town Square Redevelopment" strategic objective. CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type D Ordinance D Staff Report D Location Map D Exhibit D Exhibit D Exhibit D Exhibit D Exhibit Description Ordinance approving Town Square Land Use Amendment Ordinance approving Rezoning of Town Square Staff Report Location Map Exhibit B1 Exhibit B2 Exhibit C1 Exhibit C2 Exhibit D Page 312 of 334 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 ORDINANCE NO. 17 - AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE 89-38 BY AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN FOR PROPERTY COMMONLY KNOWN AS TOWN SQUARE AND DESCRIBED HEREIN, OWNED BY THE CITY OF BOYNTON BEACH; CHANGING THE LAND USE DESIGNATION FROM PUBLIC AND PRIVATE GOVERNMENTAL/INSTITUTIONAL (PPGI) AND HIGH DENSITY RESIDENTIAL TO MIXED USE MEDIUM(MXM); PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element pursuant to Ordinance No. 89-38 and in accordance with the Local Government Comprehensive Planning Act; and WHEREAS, the procedure for amendment of a Future Land Use Element of a Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and WHEREAS, after two (2) public hearings the City Commission acting in its dual capacity as Local Planning Agency and City Commission finds that the amendment hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems it in the best interest of the inhabitants of said City to amend the Future Land Use Element (designation) of the Comprehensive Plan as hereinafter provided. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1: The foregoing WHEREAS clauses are true and correct and incorporated herein by this reference. Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect the following: Page 313 of 334 31 That the Future Land Use of the following described land described in Exhibit "A" is 32 amended from Public and Private Governmental/Institutional (PPGI) and High Density 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 Residential (HDR) to: MIXED USE MEDIUM (MXM). Section 3 : This Ordinance shall take effect on adoption, subject to the review, challenge, or appeal provisions provided by the Florida Local Government Comprehensive Planning and Land Development Regulation Act. No party shall be vested of any right by virtue of the adoption of this Ordinance until all statutory required review is complete and all legal challenges, including appeals, are exhausted. In the event that the effective date is established by state law or special act, the provisions of state act shall control. 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) Mayor — Steven B. Grant Vice Mayor — Justin Katz Commissioner — Mack McCray Commissioner — Christina L. Romelus Commissioner — Joe Casello VOTE YES NO Page 314 of 334 1 2 3 4 5 6 7 8 9 10 11 12 13 14 ORDINANCE NO. 17 - AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE 02- 013 TO REZONE A PARCEL OF LAND DESCRIBED HEREIN AND COMMONLY REFERRED TO AS TOWN SQUARE FROM PUBLIC USAGE (PU); RECREATION (REC) AND MULTIFAMILY (R-3) TO MIXED USE 3 (MU -3); PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; 15 and 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 WHEREAS, the City of Boynton Beach, owner of the property has made application to rezone a parcel of land, said land being more particularly described hereinafter, from Public Usage (PU); Recreation (REC) and Multifamily (R-3) to Mixed Use 3 (MU -3); and WHEREAS, the City Commission conducted public hearings as required by law and heard testimony and received evidence which the Commission finds supports a rezoning for the property hereinafter described; and WHEREAS, the City Commission finds that the proposed rezoning is consistent with an amendment to the Land Use which was contemporaneously considered and approved at the public hearing heretofore referenced; and WHEREAS, the City Commission deems it in the best interests of the inhabitants of said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing Whereas clauses are true and correct and incorporated herein by this reference. C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\1D06F304-491E-437D-8541-40828E375B54\Boynton Be ach.6369.1. Town_S quare_ -_Rezone. do c Page 315 of 334 31 Section 2. The land described in Exhibit "A" be and the same is hereby rezoned 32 from PU Public Usage; REC Recreation and R-3 Multifamily to Mixed Use 3 (MU -3). A 33 location map is attached hereto as Exhibit "B" and made a part of this Ordinance by 34 reference. 35 Section 3. That the aforesaid Revised Zoning Map of the City shall be amended 36 accordingly. 37 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby 38 repealed. 39 Section 5. Should any section or provision of this Ordinance or any portion thereof 40 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect 41 the remainder of this Ordinance. 42 Section 6. This ordinance shall become effective immediately upon passage. 43 FIRST READING this day of , 2017. 44 SECOND, FINAL READING and PASSAGE this day of , 2017. 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor — Steven B. Grant Vice Mayor — Justin Katz Commissioner — Mack McCray Commissioner — Christina L. Romelus Commissioner — Joe Casello ATTEST: Judith A. Pyle, CMC City Clerk VOTE C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\1D06F304-491E-437D-8541-40828E375B54\Boynton Be ach.6369.1. Town_S quare_ -_Rezone. do c Page 316 of 334 66 67 (Corporate Seal) C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\1D06F304-491E-437D-8541-40828E375B54\Boynton Be ach.6369.1. Town_S quare_ -_Rezone. do c Page 317 of 334 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 17-001 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Michael Rumpf Planning and Zoning Director FROM: Hanna Matras, Senior Planner DATE: July 10, 2017 PROJECT: Town Square LUAR 17-005 REQUEST: Approve Town Square Future Land Use Map Amendment from Public and Private Governmental/Institutional (PPGI) and High Density Residential (HDR) to Mixed Use Medium (MXM) and rezone from PU Public Usage, REC Recreation and R-3 Multifamily to MU -3 Mixed Use 3 zoning district. City -initiated. PROJECT DESCRIPTION Property Owner: City of Boynton Beach (7 parcels) and owners of 14 Park Lane Condominium units Applicant: City of Boynton Beach Location: Area bounded by Seacrest Boulevard on the west, NE 1St Street on the east, Boynton Beach Boulevard on the north and SE 2nd Avenue on the south (Exhibit "A") Existing Land Use/ Zoning: Public and Private Governmental/Institutional (PPGI) and High Density Residential (HDR) / PU Public Usage; REC Recreation and R-3 Multifamily (no residential allowed in PPGI and REC; maximum density of 11 du/acre in R-3); see Exhibit "1131" and Exhibit "1132" Proposed Land Use/ Zoning: Mixed Use Medium (MXM) / MU -3 Mixed Use 3 zoning district Page 318 of 334 Page 2 Town Square LUAR 17-005 (maximum density 50 du/acre plus 25% density bonus for Downtown TOD District); see Exhibit "Cl" and Exhibit "C2" Acreage: +/- 16.5 acres Adjacent Uses: North: Right-of-way for Boynton Beach Boulevard and farther north, developed commercial properties classified Local Retail Commercial (LRC) and zoned C-3 (Community Commercial District); South: Right-of-way for SE 2nd Avenue, and farther south, 10 developed single-family homes and 1 vacant parcel, classified Low Density Residential (LDR) and Medium Density Residential (MEDR) and zoned R -1-A, (Single -Family Residential District) and R-2, (Single- and Two -Family Residential District); East: Right-of-way for NE/SE 1St Street; on the Northeast side, a developed commercial property clasified Local Retail Commercial (LRC) and zoned C-3 (Community Commercial); further south, a parking lot and Green Acres condominium, both classified High Density Residential (HDR) and zoned R-3, Multi -Family; further south, a vacant parcel and Ocean East Apartments, both classified Local Retail Commercial (LRC) and zoned R-3, Multi - Family; the Vivienne condominium on the south side has the same zoning but is classified High Density Residential (HDR); in the southeastern section, two developed single-family homes and a duplex classified Low Density Residential (LDR) and zoned R- 1 -A, (Single -Family Residential District). West: Right-of-way for Seacrest Boulevard; on the Northwest side, the USPS facility and an office building, both classified Local Retail Commercial (LRC) and zoned C-2 (Neighborhood Commercial District); farther south, First United Methodist Church, classified High Density Residential (HDR) and zoned R-3, Multi -Family (on the part of properties fronting Seacrest Boulevard); south of W. Ocean Avenue, developed single-family homes and small residential rental properties, classified High Density Residential (HDR) and zoned R-3, Multi -Family. 2 Page 319 of 334 Page 3 Town Square LUAR 17-005 BACKGROUND The Site The subject area covers four blocks, bounded by Seacrest Boulevard on the west, NE 1St Street on the east, Boynton Beach Boulevard on the north and SE 2nd Avenue on the south. It includes seven (7) parcels owned by the City of Boynton Beach, for a total of 15.05 acres, the right-of-way for NE 1St Avenue of 0.7 acre, part of the right-of-way for SE 1St Avenue of approximately 0.09 acres (currently with no future land use classification or zoning designation) and a 14 -unit Park Lane condominium site on approximately 0.63 acres. The City -owned parcels contain the civic campus with the following structures: • 1913 Schoolhouse Museum, including amphitheatre • Art Center • City Hall Complex, including parking garage • Civic Center • Old High School • Kid's Kingdom Playground • Library • Madsen Senior Center (presently housing Code Compliance), including shuffleboard courts As a redevelopment site, the property has several pertinent locational characteristcs: • It is situated within the Community Redevelopment Area, giving a potential development access to a number of incentives, and allowing the Community Redevelopment Agency to become a partner in the incoming project (see "The Proposed Action" section below); • It is enclosed within the Downtown Transit -Oriented Development (DTOD) district, which covers a '/2 mile radius around the intersection of Boynton Beach Boulevard and NE 4t" Street, the site of the future station for the planned Tri -Rail Coastal Link commuter train system on the FEC Rail, which will provide passenger service between Miami and West Plam Beach. The DTOD district regulations support increased intensity of development through a 25% density bonus. • It is also enclosed within both the Coastal Residential Exception area, which exempts all residential development east of 1-95 from the Palm Beach County traffic concurrency, and the Transportation Concurrency Exception Area (TCEA), which, while setting limits on the amount of development that will be allowed, carries additional traffic concurrency exemption for commercial and other non-residential development. 3 Page 320 of 334 Page 4 Town Square LUAR 17-005 • The site is split between two CRA districts, the Cultural District and the Boynton Beach Boulvard District, which—together with four others—have been identified and designated as distinctive planning areas by the CRA Community Redevelopment Plan adopted in October of 2016. (See Exhibit "D") The addition of the Park Lane Condominium site squares the project's boundary. The site lays within the Cultural district and is a subject to the same future land use CRA Plan's recommendation as the Town Square. The Proposed Action This action—the future land use amendment and rezoning—has been initiated by City staff in preparation for the redevelopment of the civic campus, now referred to as Town Square, into a mix use project. The project is proposed as a partnership between the City, the CRA and the private development team, based on the Public -Private Partnership (P3) development model pursuant to Chapter 255.065, Florida Statutes. P3s are agreements formed between public and private entities that allow for greater private -sector participation in the financing and delivery of public building and infrastructure projects. (In February of 2015, the City adopted Resolution 15-020, which established procedures for processing of P3s.) Even though a conceptual Town Square Master Plan has been made public, at present there is no Master Plan application for the project accompanying the subject zoning request as would be required by the Land Development Regulations (LDRs) for a privately -initiated application involving a planned zoning district. Since 2015, the City has been able to proactively initiate and process future land use reclassification and rezoning to selected sites—if recommended by a significant planning document(s)— without a concurrent review of a master plan. Such "proactive" actions assures that these properties will have the recommended future land use classification and a corresponding zoning designation "on the ground," ready for incoming projects. The City makes use of this provision for sites for which there already is a specific vision, supported by a redevelopment or other plan of major importance. The subject request meets this criterion, as the Town Square project is supported both by the 2016 CRA Community Redevelopment Plan and the City's Strategic Plan. Previous FLU Amendment/Rezoning Applications for the Site In 2013, the City processed a FLU amendment and rezoning for a small part of the subject site (about 2 acres) occupied by the Old High School, as part of a development agreement in a public/private partnership with an applicant planning the renovation and adaptive reuse of the building. Of the two requests, for a mixed use future land use and zoning, only the first one was approved by the City Commission. The project was subsequently abandoned and the City took the action to revert the site to its previous (and current) PPGI future land use classification. ALI Page 321 of 334 Page 5 Town Square LUAR 17-005 Prerequisites for Approval: the Process The regulatory framework for the requested FLU classification of Mixed Use Medium (MXM) and the zoning designation of MU -3 Mixed Use 3 has not as yet been completed. The framework requires text amendments to both the Comprehensive Plan Future Land Use Element and the Land Development Regulations (LDRs). The status of this process is as follows: • The Comprehensive Plan amendments were adopted by the City Commission on July 18th and subsequently resent to the state for a final review. If not challenged, the amendments will become effective 31 days after amendment package is deemed complete (anticipated by September 1S) • Amendments to the LDRs—currently in drafting—will implement the Comprehensive Plan -modified FLU structure as well as changes to the zoning structure recommended by the CRA Plan. The LDR amendments are anticipated to be adopted by September 19tH Since the size of the property under consideration for the Town Square project exceeds ten acres, the proposed FLU amendments are subject to the Expedited State Review Process per provisions of Chapter 163.3184(3) and (5), Florida Statutes. The Expedited State Review Process applies to all comprehensive plan amendments except for small scale amendments and amendments that must follow the State Coordinated Review Process, such as the Evaluation and Appraisal Review (EAR) -based amendments to the Coastal Management Element adopted by the City in 2016. If the Commission approves the proposed amendments, they will be transmitted for review to the Florida Department of Economic Opportunity (DEO), the state land planning agency. The final adoption by the City Commission is tentatively scheduled for October 17th, by which date the required regulatory framework will be updated. REVIEW BASED ON CRITERIA The following analysis adresses all the criteria for review of Comprehensive Plan Map amendments and rezonings listed in the Land Development Regulations, Chapter 2, Article II, Section 2.13.3 and Section 2.D.3. (although City -initiated requests must meet at a minimum criterion "b"): a. Demonstration of Need. A demonstration of need may be based upon changing conditions that represent a demand for the proposed land use classification and zoning district. Appropriate data and analysis that adequately substantiates the need for the proposed land use amendment and rezoning must be provided within the application. A need for redevelopment of the Boynton Beach civic campus has been recognized for over 20 years. The campus occupies a large track of land close to downtown, and has a 5 Page 322 of 334 Page 6 Town Square LUAR 17-005 significant potential to contribute to the quality of the downtown experience through the creation of an attractive, functionally unified built environment. In its current condition, it represents an inefficient use of the valuable land in the City's center, with several disconnected sections, a few obsolete/outdated structures and a historic Old High School building in a state of severe disrepair. It has also been recognized early on that redevelopment of the Town Square and, specifically, the adaptive reuse of the High School, will likely require an involvement of the private sector. In 2015, the City decided on the use of the P3 process in transforming Town Square into a mixed use project with civic as well as residential and commercial uses, and included the project as a high priority item in its Strategic Plan. The project requires a mixed use future land use classification to allow for addition of residential and commercial uses not permitted under the current Public and Private Governmental/Institutional category. The choice of the Mixed Use Medium (MXM) category with a density cap of 50 du/acre (with an additional Downtown TOD District's 25% density bonus) fulfills the recommendation of the CRA Community Redevelopment Plan warranted by the project's proximity to the core of the downtown and to the future station of the planned Coastal Link commuter train service. The MXM category is in- between the proposed new Mixed Use Low, with the density cap of 20 du/acre arguably too low for the location, and the Mixed Use High (renamed Mixed Use Core), whose 80 du/acre density cap is reserved for the core of the downtown. b. Consistency. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be consistent with the purpose and intent of, and promote, the applicable Comprehensive Plan policies, Redevelopment Plans, and Land Development Regulations. Consistency with Comprehensive Plan and Redevelopment Plan The future land use classification of MXM proposed for the site is consistent with, and implements, the CRA Community Redevelopment Plan's recommendations for the Cultural and Boynton Beach Boulevard districts in the subject location (the site is split between the two districts). The proposed FLU amendment and rezoning is also explicitely consistent with a number of the policies of the Comprehensive Plan pertaining to mixed use development, most importantly (current) policies 1.18.1 and 1.18.2 of the Future Land Use element: Policy 1.18.1 The City shall implement the Transit -Oriented Development (TOD) approach, as described in the 2012 Florida Department of Transportation's TOD Guidebook, to manage future growth within a mile radius around the intersection of Ocean Avenue and the Florida East Coast rail corridor, which is the anticipated location of the Downtown Boynton Beach Station for the planned commuter C Page 323 of 334 Page 7 Town Square LUAR 17-005 Tri -Rail Coastal Link service on the FEC Corridor. This area will be referred as the Downtown TOD District hereforth. The inner %-mile core of this District shall be designed to accommodate the greatest density and intensity of development. Policy 1. 18.2 The City shall aim to transform the Downtown TOD District area into an active, mixed-use, pedestrian -friendly activity zone, supporting new housing to increase potential ridership, intensifying land development activity, and adding amenities and destination uses for future transit riders. The City shall strive to achieve this goal through facilitating compact, high density and intensity development of a varied mix of land uses. Note that not only is the subject property located within the DTOD District, but most of its area falls within the transit core (the District's 1/4—mile radius), therefore justifying the requested MXM future land use classification which would allow a maximum density of 63 du/acre (with the District's 25% density bonus). Consistency with Land Development Regulations (LDR) See "Prerequisits for Approval: the Process" section on page 4 of this report. The Land Development regulations implementing the new future land use/zoning structure will be adopted prior to the adoption of the proposed amendment, anticipated in October. c. Land Use Pattern. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be contrary to the established land use pattern, or would create an isolated zoning district or an isolated land use classification unrelated to adjacent and nearby classifications, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. This factor is not intended to exclude FLUM reclassifications and rezonings that would result in more desirable and sustainable growth for the community. It is indeed the staff's opinion that the proposed FLUM reclassification and rezoning would result in more desirable and sustainable growth for the community and improve the general public welfare. While both actions will temporarily create "isolated" districts, the requested FLU category (as already stated) is consistent with the recommendation of the CRA Plan, which also recommends the MXM category for areas west (between Boynton Beach Boulevard and 1St NW Avenue only), north, and east of Town Square (see Exhibit D). Going forward, these recommendations aim to achieve a major transformation of the subject area, implementing the City's and the CRA's vision for it. d. Sustainability. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would support the integration of a mix of land uses consistent with the 7 Page 324 of 334 Page 8 Town Square LUAR 17-005 Smart Growth or sustainability initiatives, with an emphasis on 1) complementary land uses; 2) access to alternative modes of transportation, and 3) interconnectivity within the project and between adjacent properties. The proposed FLUM amendment and rezoning clearly meets the definition of "sustainable" as it supports a mixed use, high density redevelopment of the site. Residents and visitors will have access to public transit via Palm Tran bus service on Seacrest and Boynton Beach boulevards (with bus stops located in front of the proposed project), as well as, in the future, to the planned Coastal Link commuter train service. e. Availability of Public Services / Infrastructure. All requests for Future Land Use Map amendments shall be reviewed for long-term capacity availability at the maximum intensity permitted under the requested land use classification. Water and Sewer. Long-term capacity availability for potable water and sewer for the subject request has been confirmed by the Utilities Department. So/id Waste. The Palm Beach County Solid Waste Authority determined that sufficient disposal capacity will be available at the existing landfill through approximately the year 2046. Drainage. Drainage will be reviewed in detail as part of the site plan, land development, and building permit review processes. Traffic. The property is under the Coastal Residential exception and TCEA designations and is therefore exempted from the concurrency requirements of the Palm Beach County Traffic Performance Standards Ordinance. (The required Traffic Statement will be submitted with a site plan/master plan package.) The monitoring of the maximum allowable residential uses and square footage of commercial, industrial and other non- residential uses as well as applicable use ratios under the TCEA Planned 2025 Land Use Table indicate that the current (cumulative) numbers remain significantly off the allowable thresholds. Schools. The School Capacity Availability Determination application will be submitted with a site plan/master plan package. f. Compatibility. The application shall consider the following factors to determine compatibility. (1) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be compatible with the current and future use of adjacent and nearby properties, or would negatively affect the property values of adjacent and nearby properties, and 9 Page 325 of 334 Page 9 Town Square LUAR 17-005 (2) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning is of a scale which is reasonably related to the needs of the neighborhood and the City as a whole. The adjacent and nearby properties include both residential and commercial uses, albeit low rise, while the maximum height of the proposed zoning is 75 feet. However, as indicated in response to criterion "c," future uses in the areas northwest, north and east of the subject property are planned to be compatible in general character and scale to the Town Square project as per recommendations of the CRA Plan. Possible incompatiblity with single-family homes along SE 2nd Avenue will be addressed at the site plan review phase through the project's design. The redevelopment of the subject site is expected to spur more redevelopment activities in the surrounding area, and positively affect the property values. The potential positive impacts will be magnified by the eventual availability of the Coastal Link train commuter service. As was already stated in this report, the need for redevelopment of the Boynton's civic campus has long been recognized as vital for both the area and the city as a whole, and now has a strong support in the CRA Community Redevelopment Plan, the City's Strategic Plan and the Economic Development (ED) Strategic Plan. The requested actions lay the groundwork for the realization of the City's vision for the Town Square. g. Direct Economic Development Benefits. For rezoning/ FLUM amendments involving rezoning to a planned zoning district, the review shall consider the economic benefits of the proposed amendment, specifically, whether the proposal would: (1) Further implementation of the Economic Development (ED) Program,- (2) rogram,(2) Contribute to the enhancement and diversification of the City's tax base,- (3) ase,(3) Respond to the current market demand or community needs or provide services or retail choices not locally available,- (4) vailable,(4) Create new employment opportunities for the residents, with pay at or above the county average hourly wage,- (5) age,(5) Represent innovative methods/technologies, especially those promoting sustainability; (6) Be complementary to existing uses, thus fostering synergy effects, and (7) Alleviate blight/economic obsolescence of the subject area. As mentioned above (criterion 'T'), the Town Square project is supported by the City 2016-2021 ED Strategic Plan—which has now supplanted the Economic Development Program—and therefore the requested actions meet criterion g(1). Specifically, the project is listed under the ED Strategic Plan's ACTION PLAN FOR CHANGE, Goal 4, Objective 4.1: Promote Economic Development /Redevelopment in the Eastern Section of the City; Strategy 4.1.4.: Work with the CRA to develop a Town Spuare in the downtown to include City Hall, Library, Children's School House Museum, Old Hiph 9 Page 326 of 334 Page 10 Town Square LUAR 17-005 School, Civic Center, Arts Center, and Madsen Center. The proposed FLUM amendment/rezoning supports a project that would constitute a major catalyst for creating a successful, lively downtown, bringing more development to the area and attracting more residents and visitors to the City. The project would or at least has a potential to: • Generate new ad valorem tax stream revenues from the previously tax exempt properties through the involvement of the private sector (criterion g2); • Respond to the community needs by enhancing efficiency of the public service provision (criterion g3); • Create jobs, though most will likely be low wage retail positions; and • Alleviate economic/functional obsolescence in the subject area, including underutilization of land on the subject property (criterion g7). In addition, the requested actions and the project they will support include restoration/preservation and adaptive reuse of the Old High School. h. Commercial and Industrial Land Supply The review shall consider whether the proposed rezoning/FLUM amendment would reduce the amount of land available for commercial/industrial development. If such determination is made, the approval can be recommended under the following conditions: (1) The size, shape, and/or location of the property makes it unsuitable for commercial/industrial development, or (2) The proposed rezoning/FLUM amendment provides substantiated evidence of satisfying at least four of the Direct Economic Development Benefits listed in subparagraph "g" above, and (3) The proposed rezoning/FLUM amendment would result in comparable or higher employment numbers, building size and valuation than the potential of existing land use designation and/or rezoning. The proposed FLUM amendment and rezoning would add a commercial component to the civic campus: the current land use and zoning do not allow commercial uses. L Alternative Sites. Whether there are adequate sites elsewhere in the City for the proposed use in zoning districts where such use is already allowed. N/A (See responses above to criteria "a," "b," and "c.") 10 Page 327 of 334 Page 11 Town Square LUAR 17-005 j. Master Plan and Site Plan Compliance with Land Development Regulations. When master plan and site plan review are required pursuant to Section 2.D.1.e above, both shall comply with the requirements of the respective zoning district regulations of Chapter 3, Article 111 and the site development standards of Chapter 4. The City -initiated rezonings can proceed in advance of the master plan submittal. When submitted, the master plan will comply with Land Development Regulations (see the "Prerequisites for Approval: the Process" section of this report). CONCLUSION/RECOMMENDATION As indicated herein, staff has reviewed the proposed requests and determined that they are consistent with the policies of the Comprehensive Plan and implement the recommendations of the CRA Community Redevelopment Plan, the City's Strategic Plan and the Economic Development Strategic Plan. It is anticipated that the Comprehensive Plan and LDR amendments required for the approval of the proposed FLU Map amendment and rezoning will be finalized prior to its expected adoption date. Staff recommends approval of the proposed Future Land Use Map amendments for the transmittal to the State for an Expedited State Review. ATTACHMENTS S:\Planning\SHARED\WP\PROJECTS\Town Square LUAR 17-005\Town Square LUAR 17-005 Staff Report.doc 11 Page 328 of 334 CITY OF BOYNTON BEACH EXHIBIT A TOWN SQUARE LOCATION MAP Total Town Square area: 16.5 acres 0 0.0125 0.025 0.05 0.075 0.1 Miles Source: Palm Beach County GIS Digital Data 2006-2015 Copyright Palm Beach County Florida 2006-2015 All rights reserved - Subject to a Licence Agreement Page 329 of 334 CITY OF BOYNTON BEACH EXHIBIT 131 CURRENT FLU CLASSIFICATIONS FOR TOWN SQUARE AND ADJACENT AREAS 1 1 NE 3rd Ave " 1 I E Boynton Beach Blvd NE 1st E Ocean Ave st zna Legend Future Land Use Classifications l LOW DENSITY RESIDENTIAL (LDR) Max. 5 D.U./Acre MEDIUM DENSITY RESIDENTIAL (MEDR) Max. 10 D.U./Acre HIGH DENSITY RESIDENTIAL (HDR) Max. 11 D.U./Acre 2 LOCAL RETAIL COMMERCIAL (LRC) GENERAL COMMERCIAL (GC) p%j4 N`Q,\t INDUSTRIAL (1) PUBLIC & PRIVATE GOVERNMENTAL/INSTITUTIONAL (PPGI) Town Square Last amended October 20, 2015 N W E S 0 0.0125 0.025 0.05 0.075 0.1 Miles Source: Palm Beach County GIS Digital Data 2006-2015 Copyright Palm Beach County Florida 2006-2015 All rights reserved - Subject to a Licence Agreement Page 330 of 334 CITY OF BOYNTON BEACH EXHIBIT B2 CURRENT ZONING DESIGNATIONS FOR TOWN SQUARE AND ADJACENT AREAS L° I I ' NE 3rd Ave I I C2 Neighborhood Commercial C3 Community Commercial C4 General Commercial CBD Central Business District 0 M1 Light Industrial PU Public Usage `;''' REC Recreation 0 0.0125 0.025 0.05 0.075 0.1 Miles Source: Palm Beach County GIS Digital Data 2006-2015 Copyright Palm Beach County Florida 2006-2015 All rights reserved - Subject to a Licence Agreement Town Square Page 331 of 334 CITY OF BOYNTON BEACH EXHIBIT C1 PROPOSED FLU CLASSIFICATION FOR TOWN SQUARE* 1 1 NE 3rd Ave " 1 I E Boynton Beach Blvd st °Ave st zna * NOTE: Areas adjacent to Town Square shown N with the current FLU classifications W E S 0 0.0125 0.025 0.05 0.075 0.1 Miles Source: Palm Beach County GIS Digital Data 2006-2015 Copyright Palm Beach County Florida 2006-2015 All rights reserved - Subject to a Licence Agreement Page 332 of 334 CITY OF BOYNTON BEACH EXHIBIT C2 PROPOSED ZONING DESIGNATION FOR TOWN SQUARE 90POV-11, L° I I ' NE 3rd Ave I I E Boynton Beach Blvd st Ave C2 Neighborhood Commercial C3 Community Commercial C4 General Commercial CBD Central Business District 0 M1 Light Industrial MU -3 Mixed Use 3 Town Square 0 0.0125 0.025 0.05 0.075 0.1 Miles Source: Palm Beach County GIS Digital Data 2006-2015 Copyright Palm Beach County Florida 2006-2015 All rights reserved - Subject to a Licence Agreement Page 333 of 334 CITY OF BOYNTON BEACH: TOWN SQUARE EXHIBIT D CRA COMMUNITY REDEVELOPMENT PLAN'S FLU RECOMMENDATIONS FOR CULTURAL AND AND BOYNTON BEACH BOULEVARD DISTRICTS LEGEND Town Square Cultural District Q Boynton Beach Blvd District Mixed Use High (MXH), Max. Density 80 D.U./Acre Mixed Use Medium (MXM), Max. Density 50 D.U./Acre Low Density Residential , Max. Density 7.5 D.U./Acre N W E S 0 0.0125 0.025 0.05 0.075 0.1 Miles Source: Palm Beach County GIS Digital Data 2006-2015 Copyright Palm Beach County Florida 2006-2015 All rights reserved - Subject to a Licence Agreement Page 334 of 334